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Home My WebLink AboutAgenda Packet 01-22-2008 "ilMJiIfl:lií("" 1'~~'·'H&'~I'~l~ll~i¡¡lÎiillil.[ ..,.- January 22, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBUC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then publiC hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless othelWise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us (""'ü" ,.,.,., n WIiIlìI 'd . U 'u·, biIIl'fI'~' ,nAW'" ";~~ll'IIÎI¡¡I(iIÎIÎîîiluÎljÌìt~'J\iiì' ",,"'u,' " "'''= t!!f' iÌÌl'ØlW"'i '.n" "" 'If'''' '" 'Ow" 'H0, '&1 Joseph Smith, Chairman District No.1 Paula Lewis, Vice Chairman District No.3 Doug Coward District No. 2 Charles Grande District No.4 Chris Craft District No.5 _1'~n~"'''.Jj\JI.l'_J¡î_ììlìlìlìl(¡¡îiîl¡IIII.lmï¡¡ '"'' 'uw"~,,u'·"rrìi'''..'''n'''''n'' n""'ru'''''~U.Uil'ìll January 22, 2008 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes from the January 15, 2008 meeting. 2. PROCLAMATIONS/PRESENTATIONS ~. Earned Income Tax Credit Awareness Day - Adoption of the proclamation of January 31, 2008 as Earned Income Tax Credit Awareness Day in St. Lucie County which commends all those taking part in this (campaign for their dedication to providing our citizens with the knowledge and tools for improved '1 I B financial self-sufficiency and encouraging individuals and families to take full advantage of the many benefits afforded them by the EITC. B. ( Report of the savings by County residents using the St. Lucie County/National Association of Counties c.. Ù, il .Äe (NACo) Prescription Discount Drug Card Program - Consider staff recommendation to continue the ~t~{\ ~ Prescription Discount Drug Card Program. ~ St. Lucie Inspired Network to Achieve Community Together (I.N.T.A.C.T.) Update - Consider staff þecommendation to that the Board of County Commissioners hear the presentation by the Chairman of I the Executive Board of St. Lucie INTACT, Allan Rivett. . Ed Fry, Clerk of Court to present Certificate of AChieve.ment for excellence in financial reportj,9g, for t~o/ J ;;, 4 ~A Comprehensive Annual Financial Report for FY ending 9/30/06 ê / j - ~//ed /c; '111t~'j 3.F '~;rleRAL PUBLIC c~ZIt.~f!?{! o¡.-' (!q,t &i¿~ ~Sc.n f ow) phcedUh 1- 4. J CONSENT AGENDA . .-OV_~C" f\jl\l~-ô ..~t<.~1/Ji¡J¡.¡ .. ì1"~~~ PUB C HEARINGS SA. PfPrt~ 5B. ~ 5C~ ~~ 'J COUNTY ATTORNEY Ordinance No. 08-001 - Amending Art In Public Places Ordinance for Airport Projects - Consider staff recommendation adopt proposed Ordinance No. 08-001 as presented. COUNTY ATTORNEY Ordinance No. 08-004 (Formerly 07-013) - Providing the Terms and Conditions for Installing, Constructing and Maintaining a Communications Facility in the County's Public Rights-of-Way for the Provision of Communications Service - This is the first of two public hearings. No action is required at this time. ~ ~\ ~o1-q :COkl'1. av:a5 COUNTY ATTORNEY ~{{lQ'~..vs{1J5s/bie. Public Hearing to consider the closing of a portion of Taylor Dairy Road - Resolution No. 08-044 - Consider staff recommendation approve Resolution No. 08-044, instruct staff to publish the final Notice and record Resolution No. 08-044, the Proof of Publication of the Notice of Public Hearing and the final Notice in the Public Records of St. Lucie County, Florida. END OF PUBLIC HEARINGS ~"C,' "\'( r1L~.I"""W"_.lIlllii'liIIÎ¡¡i¡¡il¡iífiii¡¡Îil¡Ôil""'w", ., ,·""·w",·,,.,' Ö uW' ììÎl~¡¡jÜJI.IHw'''íIlm Regular Agenda January 22, 2008 Page Two 6. .JCOUNTY ATIORNEY D~'·Florida Power & Light - St. Lucie Plant - Nuclear Uprate Project - Land Use and Zoning Consistency ) Determination - Consider staff recommendation to authorize the County Attorney to submit a determination that ,ßf ~ the FPL St. Lucie Uprate Project is consistent with the land use plans and zoning ordinances of St. Lucie County. C1t I ~ fYìof-ø tv if oJ+6r1lrVP'54J5' u'w- ,Jrb·hw¡.r """'. fiM}¡'iJA. ~ ~",ll. OM\ P Ia¿<- Vh Up ~c.W<1J ~ -f0, 1¡~ r; . tt CI11'¡pf~ .__'" . Jqmli. "'"'i¡.i'tiIIÎIÎÌìililillil¡¡¡¡¡ilîillllil'''-)\llØlW!lilÏlìlì:''"'''''H' "'lìlJlJl~'h"ïlfl ""'i:iI~¡Ij' w "',", CONSENT AGENDA ~Îl.ií'·h''''''Htr'üìÀili,m''''''''·'r¡._r.ÎNii1il¡lîl¡¡¡îiiÎIl.''HM'" . >, ",,>'''''' """"'lìDii'j"ÎlÏlVìltV"'lliT "'·"·"·"ì('¡ì,'.lIJ1R 1. WARRANTS Approve warrant list No. 16 2. COUNTY ATTORNEY A. Lawnwood Maintenance Complex - Fort Pierce Utilities Authority - 10' Utility Easement - Consider staff recommendation to approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. B. Revocable License Agreement - 11309 South Indian River Drive - Mr. M.H. Naimi - Consider staff recommendation approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. M.H. Maimi to record the document in the Public Records of St. Lucie County, Florida. C. Utility Easement - Florida Power and Light - County Property known as Waveland Beach - Mr. & Mrs. Wampler - Consider staff recommendation to approve the Florida Power and Light Utility Easement on condition that the Utilities be placed underground, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Easement in the Public Records of St. Lucie County, Florida. D. Decommissioning Wells at St. Lucie County International Airport - Second Amendment to May 1, 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. - Consider staff recommendation to approve the proposed Second Amendment to the Agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment. E. Resolution No. 08-052 - Urging the United States Congress to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards; to expedite funding for the improvements through prompt enactment of the Energy and Water Appropriations Bill or some other mechanism; and resolutions supporting these requests - Consider ~ff~~~~olmendation to adopt the attached Resolution No. 08-052 as drafted. {lO,&res6¡èI'na lU€1r ,¿,,¡ . 3. COMMUNITY SERVICES A. Approval for the Health Department to purchase two (2) vehicles for $28,368.00 Two (2) 2008 Ford Escape (U02) small size 4-door utility vehicles with funds from the allocation approved by the Board for FY08 budget. The vehicles will be purchased off the Florida Sheriff's Association State Contract - Consider staff recommendation to approve to use $28,368.00 of the $1,071,980 approved budget allocation to purchase two (2) vehicles and tags and authorize the Chairman to sign all pertinent documents necessary. B. Permission to advertise a Request for Qualifications for eligible agencies in St. Lucie County that criteria, as required, for distribution of the Choose Life License plate funds collected in St. Lucie County - Staff requests permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(29), Florida Statutes, to receive funding from the Choose Life License Plates. C.. Authorization to enter private/public partnerships with three interested developers seeking to provide workforce housing and to submit an application, for an amount not to exceed $5,000,000, to the Community Workforce Housing Innovation Pilot Program (CWHIP) loan/grant to the Florida Housing Finance Corporation - Staff requests Board authorization to enter into publici private partnerships with the three developers interested in applying for the CWHIP loan/grant with the understanding that the County will not contribute funds to the projects. Staff requests permission for the County Attorney's Office to prepare the memorandums of understanding that will establish the private/public partnerships with Atlantic Housing Partners, Oakland Estates, LLC, and Prime Home Builders and staff requests approval for the Chairman to sign the memorandums. Each developer will be responsible for applying to the Florida Housing Finance Corporation (FHFC). The FHFC will score the applicants and determine the eligibility (if any) of each project. Consent Agenda January 22, 2008 Page Two 4. PARKS AND RECREATION . A. Purchase of Hotdog Steamer EQ08-296, Sprayer EQ08-297-Tradition Field - Consider staff recommendation to approve of BA08-009, EQ08-296 & EQ08-297 to purchase a hotdog steamer ($4849.00), & sprayer ($20,090.00), including shipping of both items, and disposition of PR: 600092 & PR: 600272. .s. Permission to apply for Summer Camp Grants - Consider staff recommendation to approve to submit three grant applications to the Children's Services Council and the acceptance of the grants if awarded. 5. CENTRAL SERVICES A. Life Safety Systems, Inc. - Amendment to Contract No. C06-04-408 - Consider staff recommendation to approve the Amendment to C06-04-408, Life Safety Systems, for the addition of the New Clerk of Courts Building. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. B. AWM Construction, Inc. - Savannas Recreation Area Trading Post Porch - Change Order No. 1 to No. C07-09-453 - Consider staff recommendation to approve Change Order No. 1 to C07-09-453, AWM Construction, Savannas Recreation Area Trading Post Porch project, to increase the contract sum $4,606; the new contract sum will be $125,386. Staff further recommends the board authorize the Chair to sign the change order as prepared by the County Attorney. C. Approval to award Bid #07-107 - Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creek - Consider staff recommendation to approve the award of Bid #07-107 - Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creek to the low bidder, Summerlin Marine Construction, LLC for the cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorize the Chair to sign the contract as prepared by the County attorney. 6. GRANTS A. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an improved 911 Phone System that will meet the growing needs of St. Lucie County. Funding received will be utilized for purchase of an effective E911 system, in an effort to upgrade St. Lucie County's Public Safety - Emergency 911 System to Next Generation 911status to ensure wireless compatibility with any communication device - Consider staff recommendation to approve the submittal of the grant application to the State of Florida E911 County Grant Program. B. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an enhanced Computer Aided Dispatch System (CAD) that includes Next Generation capabilities. The upgrade to a more technologically advanced CAD will allow for accuracy and efficiency of the County's dispatching operation. Funding received will be utilized for purchase of an effective CAD system, in an effort to upgrade the St. Lucie County Public Safety - Emergency 911 System - Consider staff recommendation approve the submittal of the grant application to the State of Florida E911 County Grant Program. C. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an enhanced database management and call routing system for E911 Telecommunications. Funding received will be utilized for purchase of an effectual system, in an effort to upgrade the St. Lucie County Public Safety - Emergency 9-1-1 structures to Next Generation 911status, that will ensure wireless compatibility with any communications device - Consider staff recommendation to approve the submittal of the grant application to the State of Florida E911 County Grant Program. D. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase furniture for the Emergency 911Call Takers at the "new" St. Lucie County Public Safety Facility - Consider staff recommendation approve the submittal of the grant application to the State of Florida E911 County Grant Program. E. Authorize the submittal of a grant application to the Major League Baseball Charity, Inc. - Baseball Tomorrow Fund Program to request funding for baseball field renovations at Martin Luther King Jr. - Dreamland Park - Consider staff recommendation to approve the submittal of the grant application to the Major League Baseball Charity, Inc.-Baseball Tomorrow Fund for an amount not to exceed $35,000. Consent Agenda January 22, 2008 Page Three 6. GRANTS CONTINUED F. Authorize the preparation of a grant application by County staff to be submitted in the amount of $75,000 to the National Endowment For The Humanities - America's Historical and Cultural Organizations: Planning Grant Program, to assist in the planning, refinement, and development of Zora Neale Hurston and Florida Highwaymen traveling exhibitions, and supplementary interactive projects - Consider staff recommendation to approve the submittal of the grant application to the National Endowment For The Humanities - America's Historical and Cultural Organizations: Planning Grant Program requesting $75,000. G. Approve the attached interlocal agreement between St. Lucie County, the City of Port St. Lucie, the Sheriff's Office, the Fire District, and Indian River Community College. The agreement is to have Indian River Community College proVide basic and advanced training to Citizen Emergency Response Team (CERT) volunteers and for St. Lucie County, Port St. Lucie, the Sheriff's Office, and the Fire District to contribute $6,000 each to Indian River Community College to coordinate the program. St. Lucie County has received a grant in the amount of $12,000 from the Florida Division of Emergency Management that will also be used to coordinate the program - Consider staff recommendation to approve the attached interlocal agreement. H. Staff recommends authorization of the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Emergency Management Preparedness and Assistance Competitive Grant Program requesting an amount not to exceed $200,000 to further a program to provide community collaboration, education, training and preparedness remedies, primarily for low income homes. 7. PURCHASING ~I'\ f\,llE2V'L~'~~KAk Vdl-c . A. Board approval of th,~~~f!19:u) provide Neighborho.od ,Ch.arrette services.: ~: ~1~~gJaCksOn (~'e~1I ~'(M-~ (èVÓl~~+he.-(èR¿pIltlLe%~ 3. The Genesis Gr \0 I ¡{)YOerfCf1{t CJIt(JI"'A-~ISM ¡--r-- pvzJ¿es..s Staff recommends Board approva \lThl short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short- listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. B. Board approval to award Invitation to Bid (ITB) #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air Mechanical and Services Corporation for $3,937,597.00 - Consider staff recommendation to 1. Board approval to award Invitation to Bid #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air mechanical and Services Corporation for $3,937,597.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney; and 2. Permission to purchase the sole sourced Siemens Buildings Technologies Equipment and authorize the Chairman to sign the contract Q as prepared by the County Attorney. Board approval to list the follOWing St. Lucie County International Airport properties for sale ~\~/ c.- through o"bo" 0' the Reqoe" fo, Propo;õ" (RFP) proœs<' 1 I 1. 1.57 +/- acre site located at the NE corner of U.S. 1 & N. 25 St. (former Ugly Boat Site) 2. 2.32 +/- acre site (west parcel) & 3.05 +/- (east parcel) located in the Airport Industrial Park. Consider staff recommendation to list St. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process, and authorization for the Chairman to sign the contract (for the auction process) as prepared by the County Attorney. D. Board approval to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service - Consider staff recommendation to approve to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service. Consent Agenda January 22, 2008 Page Four 7. PURCHASING CONTINUED E. Board approval to conduct contract negotiations for Request for Proposals (RFP) #07-083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated - Staff recommends 1. Board approval to conduct contract negotiations for Request for Proposals (RFP) #07-083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated, and 2. Authorization for the Chairman to sign the contract as prepared by the County Attorney. F. Board approval to advertise an Invitation to Bid for the sale of two (2) Pond doctor Aeration Units - Consider staff recommendation to approve to advertise an Invitation to Bid for the sale of two (2) Pond doctor Aeration Units. G. Board approval to award Invitation to Bid (ITB) #07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (Corrected amount due to scrivener's error) - Consider staff recommendation to approve to award Invitation to Bid #07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (Corrected amount due to scrivener's error), and authorize for the Chairman to sign the contract as prepared by the County. 8. PUBLIC SAFETY Request to approve Budget Resolution 08- for the Emergency Management Preparedness and Assistance Trust Fund Base Grant - Consider staff recommendation to authorize Budget Resolution 08-048 and authorize the Chairman to sign. 9. PORT Request direction from the Board on recommended properties to be sold to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport - Staff recommends the Board provide direction on the sale of properties between Ridgehaven and US 1 to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport. Request approval for Work Authorization #8 for LPA Group to provide design, permitting assistance, bidding & construction phase services in support of the Electrical Vault upgrade at the St. Lucie County International Airport, for a lump sum cost of $29,014.00 - Consider staff recommendation to approve LPA Group Work Authorization #8 in the amount of $29,014.00 for design, permitting assistance, bidding and construction phase services, in support of the electrical vault upgrade at St. Lucie County International Airport, and authorize the Chair or designee to execute same. C. Request approval from the Board to enter into direct lease negotiations with SeaArk for the former Shrimp Culture site at the st. Lucie County International Airport - Consider staff recommendation approve entering into lease negotiations with SeaArk for the former Shrimp Culture site at the St. Lucie County International Airport. 10. CULTURAL AFFAIRS A. Authorize Smithsonian to serve beer and wine at the St. Lucie County Marine Center for the evening of February 13, 2008 - Consider staff recommendation to approve the Smithsonian to serve beer and wine at the St. Lucie County Marine Center for the evening of February 13, 2008. B. Authorize the Chair to sign a grant to the Cultural Affairs Council to be utilized for contracting speakers and others for the Florida Frontier Festival that will be held on February 23, 2008. Authorize free admission to the public at the Marine Center and the Historical Museum for this event - Consider staff recommendation to authorize the Chair to sign a grant to the Cultural Affairs Council to be utilized for contracting speakers and performers for the Florida Frontier Festival that will be held on February 23, 2008. In addition, authorize free admission to the public at the Marine Center and the Historical Museum for this event. Consent Agenda January 22, 2008 Page Five 10. CULTURAL AFFAIRS CONTINUED C. Authorize the Chair to sign the temporary easement agreement with Sarah's Memorial Garden, Inc. to allow the Cultural Affairs Department to host tours and make improvements to the cemetery where Zora Neale Hurston is buried - Consider staff recommendation to Authorize the Chair to sign the lease agreement with Sarah's Memorial Garden Inc to allow the Cultural Affairs Department to host tours and make improvements to the cemetery where Zora Neale Hurston is buried. 11. MANAGEMENT AND BUDGET A. Funding for the Public Safety's Animal Registration Licensing Program - Consider staff recommendation to approve Budget Amendment No. 07-010. B. Adopt Budget Resolution No. 08-050 to correct the budget for the Intermodal Facility Grant - Consider staff recommendation to adopt Budget Resolution No. 08-050 to correct the budget by recognizing the additional FDOT and Fort Pierce revenue originally taken to the Board February 27, 2007 but not rolled into the 07/08 fiscal year. 12. INVESTMENT FOR THE FUTURE A. Batting Cage Construction Agreement/Professional Sports Inc. - Consider staff recommendation to approve the agreement with Professional Sports, Inc. for the construction of a 2-tunnel batting cage at Lakewood Park Regional Park and Budget Resolution No. 08-049, accepting and allocating the funding. B. Reallocate FY 07-08 IFF Funds in the amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration, South County Annex, New Clerk of Court Building and Rock Road Jail - Consider staff recommendation to approve the reallocation of FY07-08 IFF Funds in the combined amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration ($21,000), South County Annex ($22,000), Clerk of Court ($11,000), and Rock Road Jail ($12,000). Staff further recommends the Board approve the contract and/or work authorization as needed and prepared by the County Attorney. )3, GROWTH MANAGEMENT ~ ~ ,,,~\Petition of Ryan Johnson, Johnson Group Land Development Consultants Inc. and Anya Group Inc. for a 12- ~ ,,\~U"month extension of the date of expiration for the Major Site Plan for Indrio Crossings - Phase II located at the J' \,,#'~southeast corner of Turnpike Feeder Road and Miramar Avenue (BCC File No. BCC 1120071377) - Consider staff v\J \ ommendation to adopt Resolution No. 08-006 granting a 12 month extension to the Indrio Crossings - Phase ~;p II Major Site Plan Project. ç. 1. INFORMATION TECHNOLOGY A. Request for Board Chairman to approve and sign the Bellsouth Contract Services Agreement - Consider staff recommendation to approve and sign the Bellsouth Contract Services agreement for 24 months. B. Request for Board Chairman to approve and sign the Bellsouth PRI Centrex Agreement - Consider staff recommendation to approve and sign the Bellsouth PRI Centrex Agreement for 23 months. C. Request for Board Chairman to approve and sign the Bellsouth PRI Advantage Agreement - Consider staff recommendation to approve and sign the Bellsouth PRI Advantage agreement for 48 months. 15. PUBLIC WORKS A. Addendum No.1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project. No funds are associated with this addendum - Consider staff recommendation to approved Addendum No. 1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station to include additional contractual language required by our grant agencies and authorization for the Chair to sign. B. Request approval of Second Amendment to Work Authorization No. 2 to Contract C03-09-644 (Engineering Services Related to Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc. for Indrio Road / Kings Highway Intersection Improvements. No funds are associated with this amendment - Consider staff recommendation to approve and authorize the Chair to sign the Second Amendment to Work Authorization No. 2 to Contract C03-09-644 for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for Indrio Road / Kings Highway Intersection Improvements. Consent Agenda January 22, 2008 Page Six 15. PUBLIC WORKS CONTINUED C. Road and Bridge Division - Approval of Change Order #1, release of retainage, and make final payment , of $ 80,143.88 for the annual 2006-07 Resurfacing Contract (C07-03-164) with Ranger Construction Industries, Inc. - Consider staff recommendation to approve Change Order #1, release of retainage, and make final payment of $80,143.88 for the annual 2006-07 Resurfacing Contract (C07-03-164) with Ranger Construction Industries, Inc. 16. ADMINISTRATION A. Sustainability Advisory Ad Hoc Committee - Comm. Craft will be appointing Leon R. Camarda - Consider staff recommendation to ratify Commissioner Craft's appointment of Leon R. Camarda to the Sustainability Advisory Ad Hoc Committee. B. Sustainability Advisory Ad Hoc Committee - Comm. Smith will be appointing Alan H. Gilbert - Consider staff recommendation to ratify Commissioner Smith's appointment of Alan H. Gilbert to the Sustainability Advisory Ad Hoc Committee. 17. HUMAN RESOURCES/RISK MANAGEMENT A. Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices - Consider staff recommendation to pay PHS invoices in the amount of $308,403.3S per contract agreement. B. Compliance with HB7197, Section 119.071(5) Florida Statutes - Consider staff recommendation to approve Collection of Personal Information In order to be in compliance with Section 119.071(5), Florida Statutes. C. Compensation for staff called up to active duty to run from October 1, 2007 thru September 30, 2008 - Consider staff recommendation to approve and authorize approval by the Chairman October 1, 2007 to September 30,2008. =W"~'=~__~J:' H~\W¡IîIî¡jWlÎtiìl¡lîllî¡¡¡¡¡î¡íÎmiiIÎilWllMw""'H"o'" "". """...""", '1""'''''' ',".'m"~w ""1"" ANNOUNCEMENTS January 22, 2008 .1"" " íli~ní¡j'jl" ." 'J'.'llÎiuIÎllllìî¡illi¡¡llí¡¡¡iIIÎlIlmlœ-'"'-'"'j' [' U' '" "''''l''''J~1f~Ìll'LU'''UÆ'''''''' ,,,. 11''''''''111 1. The Board of County Commissioner will hold the January Informal Monthly Meeting on Tuesday, January 22, 2008 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners Evaluation and Appraisal Report Major Issues Workshop will be on Friday, January 25, 2008 at 1:30 p.m. in the County Commission Chambers. 3. The Tuesday, February 5, 2008 Board of County Commissioners Meeting has been canceled due to the Board of County Commission Trip to Washington. 4. The Board of County Commissioner will hold the February Informal Monthly Meeting on Tuesday, February 26, 2008 at 1:30 p.m. in Conference Room #3. 5. The Board of County Commissioner will hold the Strategic Planning Session on Wednesday, March 12, 2008 from 8:00 a.m. to 5:00 p.m. and on Thursday, March 13, 2008 from 8:00 a.m. to Noon at Tradition Town Hall. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. /ftlØlì¡)llØ~ÎI~~.1 . "'-t¡(iiIÎÎlllillll¡iîlî¡¡¡¡¡¡¡m¡¡'¡¡iilî'¡iIIIÎÎ.ØllÎtIÍilMbu'""um,uu'" ,..." ·n..' "'Æ'~'W ,,, "·'n'._· ""I'll'lll a lIde ~a.tItlI Dfsbilt tØIlnfll'Î!1ut;(¡-1 ~':'¡¡¡¡;nfmrñ¡.îIlll¡I¡IlÎ¡il¡ll¡îl¡I¡III¡¡¡i_I"M'l"A".d'Mn 'f"'f 'In' " "" "[ fû" lû T M' 'lIIl'"''''ÎI''''' 'M~ Charles Grande, Chairman Doug Coward, Vice Chairman Joseph E. Smith Paula A. Lewis Chris Craft District No.4 District No. 2 District No. 1 District No. 3 District No.5 AGENDA January 22, 2008 1. .; MINUTES ~~, ÀApprove the minutes from the meeting held on January 8,2008. M1~ V/u 11~ 2. GENERAL PUBLIC COMMENT CONSENT AGENDA l'J ~~~ WARRANTS LIST Approve warrants List No. 15 and 16. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. .",g",,,, ='\'ì~Ü¡f"''''''IIIIÎ¡Înllli¡II¡liîl¡I¡¡II¡¡¡¡¡¡I¡¡¡IIíIi''îI,llid-"'" ''''rT' . ""it' '" "'~ "'1"1" '. """"''''''' ~ ...~£¡- I~..·.~. ...~. ~ IWlI "~,~,,,Ni:;, j'l' U'~~ ~'~, ..r' ' " '"rll'.'n"¡wmw¡jÎliliîîÎi:¡¡îilmiliÎ¡¡I¡¡¡I¡Î¡¡lI'lil¡Wml%'''U''''''~''~' "",n ,"u'" '''WIIIII'm '" " "mlr~'lllltl Chris Craft, Chairman Charles Grande, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No. 5 District No.4 District No. 1 District No. 2 District No.3 AGENDA January 22, 2008 1. Ð MINUTES rv!eß':ìJAPprove the minutes from the meeting held on Ja~ 2008. -Aff 2. §: GENERAL ""aUC COMMENT r;!:. ;; ~é> r¡j 3. PUBLIC WORKS ~oJ'}ft~~ South County Dune Restoration - Suspension of Work Authorization No. 9 with Coastal Tech for the 1 determination of an appropriate funding plan along with services for the permitting, design and construction ) If ' ..JJpversight-due to no immediate need and other concerns as identified in the attached back-up memo - Consider L1 MO,ØI'staff recommendation to approve to suspend further work on a one-time dune restoration project under Work I'~ ~;S.OO No.9 with eo,"'" Tech. l7 \Iv "'6 CONSENT AGENDA ,.,~'f'¡ A WARRANTS LIST ~{(}J}~ff Approve warrants List No. 1S and 16. ¥~ PUBLIC WORKS Staff recommends Erosion District Board approval to submit a grant application in the amount of $10,000 to the FishAmerica Foundation to assist in the deployment of reef materials to the Offshore Artificial Reef. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. __¡II ""itJ¡i__IIIIÎl'lllt_IPi,w"'Mdi" ·'==ou~·"'mlí"~':JiíVlrlliilí·U·~'~¡r"l']]J1·j. January 22, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA iIIW~~_I" 'H" "fit. '1' "'''' ',ltîliliïÎI¡¡j'_Îli~m_-'''''''' ·'jJ.ìlìL""WV.n ,,,,·,,"''''ti''OU'''''''''''''''i''ÚkH CONSENT AGENDA CA1. COUNTY ATTORNEY Termination of Contract with Danella Companies, Inc. - Consider staff recommendation to approve the termination of CO#06-07-972 with Danella Companies, Inc. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting shouid contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-142B at least forty-eight (48) hours prior to the meeting. dr" ï'__m~IIì1I1Wf/iìD'lIU"" TU '.iiîííilm'" ", '.,,, ....."... "'1""'''''''''''''' '"=M'''''''''''''uìff''' 'rl~_ January 22, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS ADOmONS AGENDA llììl\lití""iWiíìlìlìl'î,·""'''M'"'"''t'IKIV.1l¡¡iliülJl r~..'MH'''Ú,,".wu'''iJ ". '.". ..··'¡¡~nllly'" m~i'f'uïtïl.. CONSENT AGENDA CA1. COUNTY ATIORNEY Termination of Contract with Danella Companies, Inc. - Consider staff recommendation to approve the termination of CO#06-07-972 with Danella Companies, Inc. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability reqUiring accommodation to attend this meeting should contact the St. Lude County Community SelVices Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. -.' .___m'fiíîlllll_I\~'·W'=~,,~.r·Î"'·" u~._II_~..jí¡il'm¡ij~m January 22, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBUC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed orior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come fOlWard, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments, Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ¡ vi / BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us "__~B_~III_~¡'iUMI_ø'r'·ÍllI-'_ml. Joseph Smith, Chairman District No.1 Paula Lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 ¡j~_n___.mlilYm~.illI_mì___Îíl January 22, 2008 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. 2. ROCLAMATIONS PRE ENTATIONS 'A. Earned Income Tax Credit Awareness Day - Adoption of the proclamation of January 31, 2008 as Earned Income Tax Credit Awareness Day in St. Lucie County which commends all those taking part in this campaign for their dedication to providing our citizens with the knowledge and tools for improved / financial self-sufficiency and encouraging individuals and families to take full advantage of the many benefits afforded them by the Errc. · Report of the savings by County residents using the St. Lucie County/National Association of Counties /: (NACo) Prescription Discount Drug Card Program - Consider staff recommendation to continue the Prescription Discount Drug Card Program. · St. Lucie Inspired Network to Achieve Community Together (I.N.T.A.C.T.) Update - Consider staff ;; recommendation to that the Board of County Commissioners hear the presentation by the Chairman of the Executive Board of St. Lucie INTACT, Allan Rivett. · Ed Fry, Clerk of Court to present Certificate of Achievement for excellence in financial reporting for the Comprehensive Annual Fin'anc~eport for FY ending 9/30/06 GENERAL PUBLIC COMMENT v/" CONSENT AGENDA 3. 4. ftîiIII:å_Î_lilï_ÌÎilÎìlllÎ_ÏìíîlÍl'~i__lIlDî__mll~llWIîîIîl PUBLIC HEARINGS COUNTY ATTORNEY Ordinance No. 08-001 - Amending Art In Public Places Ordinance for Airport Projects - Consider staff recommendation adopt proposed Ordinance No. 08-001 as presented. COUNTY ATTORNEY Ordinance No. 08-004 (Formerly 07-013) - Providing the Terms and Conditions for Installing, Constructing and Maintaining a Communications Facility in the County's Public Rights-of-Way for the Provision of Communications Service - This is the first of two public hearings. No action is required at this time. COUNTY ATTORNEY Public Hearing to consider the closing of a portion of Taylor Dairy Road - Resolution No. 08-044 - Consider staff recommendation approve Resolution No. 08-044, instruct staff to publish the final Notice and record Resolution No. 08-044, the Proof of Publication of the Notice of Public Hearing and the final Notice in the Public Records of St. Lucie County, Florida. END OF PUBLIC HEARINGS mIiÎ¡n*liIÎIiIIl_IiI~ID_""v """.."""., -~ Regular Agenda January 22, 2008 Page Two 6. COUNTY ATTORNEY Florida Power & Light - St. Lucie Plant - Nuclear Uprate Project - Land Use and Zoning Consistency Determination - Consider staff recommendation to authorize the County Attorney to submit a determination that the FPL St. Lucie Uprate Project is consistent with the land use plans and zoning ordinances of St. Lucie County. ~~_~Î111trít1iÎ._~__iÍ~ CONSENT AGENDA _._~~_Îllli_jIiLllî_~1IlIìi'îì'Il 1. WARRANTS Approve warrant list No. 16 2. COUNTY ATTORNEY A. Lawnwood Maintenance Complex - Fort Pierce Utilities Authority - 10' Utility Easement - Consider staff recommendation to approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. B. Revocable License Agreement - 11309 South Indian River Drive - Mr. M.H. Naimi - Consider staff recommendation approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. M.H. Maimi to record the document in the Public Records of St. Lucie County, Florida. C. Utility Easement - Florida Power and Light - County Property known as Waveland Beach - Mr. & Mrs. Wampler - Consider staff recommendation to approve the Florida Power and Light Utility Easement on condition that the Utilities be placed underground, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Easement in the Public Records of St. Lucie County, Florida. D. Decommissioning Wells at St. Lucie County International Airport - Second Amendment to May 1, 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. - Consider staff recommendation to approve the proposed Second Amendment to the Agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment. E. Resolution No. 08-052 - Urging the United States Congress to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards; to expedite funding for the improvements through prompt enactment of the Energy and Water Appropriations Bill or some other mechanism; and resolutions supporting these requests - Consider staff recommendation to adopt the attached Resolution No. 08-052 as drafted. 3. COMMUNITY SERVICES A. Approval for the Health Department to purchase two (2) vehicles for $28,368.00 Two (2) 2008 Ford Escape (U02) small size 4-door utility vehicles with funds from the allocation approved by the Board for FY08 budget. The vehicles will be purchased off the Florida SheriWs Association State Contract - Consider staff recommendation to approve to use $28,368.00 of the $1,071,980 approved budget allocation to purchase two (2) vehicles and tags and authorize the Chairman to sign all pertinent documents necessary. B. Permission to advertise a Request for Qualifications for eligible agencies in St. Lucie County that criteria, as required, for distribution of the Choose Life License plate funds collected in St. Lucie County - Staff requests permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(29), Florida Statutes, to receive funding from the Choose Life License Plates. C. Authorization to enter private/public partnerships with three interested developers seeking to provide workforce housing and to submit an application, for an amount not to exceed $5,000,000, to the Community Workforce Housing Innovation Pilot Program (CWHIP) loan/grant to the Florida Housing Finance Corporation - Staff requests Board authorization to enter into public/private partnerships with the three developers interested in applying for the CWHIP loan/grant with the understanding that the County will not contribute funds to the projects. Staff requests permission for the County Attornets Office to prepare the memorandums of understanding that will establish the private/public partnerships with Atlantic Housing Partners, Oakland Estates, LLC, and Prime Home Builders and staff requests approval for the Chairman to sign the memorandums. Each developer will be responsible for applying to the Florida Housing Finance Corporation (FHFC). The FHFC will score the applicants and determine the eligibility (if any) of each project. Consent Agenda January 22, 2008 Page Two 4. PARKS AND RECREATION A. Purchase of Hotdog Steamer EQ08-296, Sprayer EQ08-297-Tradition Field - Consider staff recommendation to approve of BA08-009, EQ08-296 & EQ08-297 to purchase a hotdog steamer ($4849.00), & sprayer ($20,090.00), including shipping of both items, and disposition of PR: 600092 & PR: 600272. B. Permission to apply for Summer Camp Grants - Consider staff recommendation to approve to submit three grant applications to the Children's Services Council and the acceptance of the grants if awarded. S. CENTRAL SERVICES A. Life Safety Systems, Inc. - Amendment to Contract No. C06-04-408 - Consider staff recommendation to approve the Amendment to C06-Q4-408, Life Safety Systems, for the addition of the New Clerk of Courts Building. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. B. AWM Construction, Inc. - Savannas Recreation Area Trading Post Porch - Change Order No. 1 to No. C07-09-4S3 - Consider staff recommendation to approve Change Order No. 1 to C07-09-453, AWM Construction, Savannas Recreation Area Trading Post Porch project, to increase the contract sum $4,606; the new contract sum will be $125,386. Staff further recommends the board authorize the Chair to sign the change order as prepared by the County Attorney. C. Approval to award Bid #07-107 - Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creek - Consider staff recommendation to approve the award of Bid #07-107 - Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creek to the low bidder, Summerlin Marine Construction, LLC for the cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorize the Chair to sign the contract as prepared by the County attorney. 6. GRANTS A. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an improved 911 Phone System that will meet the growing needs of St. Lucie County. Funding received will be utilized for purchase of an effective E911 system, in an effort to upgrade St. Lucie County's Public Safety - Emergency 911 System to Next Generation 911status to ensure wireless compatibility with any communication device - Consider staff recommendation to approve the submittal of the grant application to the State of Florida E911 County Grant Program. B. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an enhanced Computer Aided Dispatch System (CAD) that includes Next Generation capabilities. The upgrade to a more technologically advanced CAD will allow for accuracy and efficiency of the County's dispatching operation. Funding received will be utilized for purchase of an effective CAD system, in an effort to upgrade the St. Lucie County Public Safety - Emergency 911 System - Consider staff recommendation approve the submittal of the grant application to the State of Florida E911 County Grant Program. C. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an enhanced database management and call routing system for E911 Telecommunications. Funding received will be utilized for purchase of an effectual system, in an effort to upgrade the St. Lucie County Public Safety - Emergency 9-1-1 structures to Next Generation 911status, that will ensure wireless compatibility with any communications device - Consider staff recommendation to approve the submittal of the grant application to the State of Florida E911 County Grant Program. D. Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase furniture for the Emergency 911Call Takers at the "new" St. Lucie County Public Safety Facility - Consider staff recommendation approve the submittal of the grant application to the State of Florida E911 County Grant Program. E. Authorize the submittal of a grant application to the Major League Baseball Charity, Inc. - Baseball Tomorrow Fund Program to request funding for baseball field renovations at Martin Luther King Jr. - Dreamland Park - Consider staff recommendation to approve the submittal of the grant application to the Major League Baseball Charity, InC.-Baseball Tomorrow Fund for an amount not to exceed $35,000. Consent Agenda January 22, 2008 Page Three 6. 7. GRANTS CONTINUED F. Authorize the preparation of a grant application by County staff to be submitted in the amount of $75,000 to the National Endowment For The Humanities - America's Historical and Cultural Organizations: Planning Grant Program, to assist in the planning, refinement, and development of Zora Neale Hurston and Florida Highwaymen traveling exhibitions, and supplementary interactive projects - Consider staff recommendation to approve the submittal of the grant application to the National Endowment For The Humanities - America's Historical and Cultural Organizations: Planning Grant Program requesting $75,000. G. Approve the attached interlocal agreement between St. Lucie County, the City of Port St. Lucie, the Sheriff's Office, the Fire District, and Indian River Community College. The agreement is to have Indian River Community College provide basic and advanced training to Citizen Emergency Response Team (CERT) volunteers and for St. Lucie County, Port St. Lucie, the Sheriff's Office, and the Fire District to contribute $6,000 each to Indian River Community College to coordinate the program. St. Lucie County has received a grant in the amount of $12,000 from the Florida Division of Emergency Management that will also be used to coordinate the program - Consider staff recommendation to approve the attached interlocal agreement. H. Staff recommends authorization of the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Emergency Management Preparedness and Assistance Competitive Grant Program requesting an amount not to exceed $200,000 to further a program to provide community collaboration, education, training and preparedness remedies, primarily for low income homes. PURCHASING ~,. Þ I J .;- A. Board approval of the short-listed firms to provide Neighborhood Ch~rr~~,'c :, Ii 1 1. MSCW '12~ t, -Ii I y. 2. Glatting Jackson ____ } ~/. 3. The Genesis Group . Fl Staff recommends Board approval of the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short- listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. B. Board approval to award Invitation to Bid (ITB) #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air Mechanical and Services Corporation for $3,937,597.00 - Consider staff recommendation to 1. Board approval to award Invitation to Bid #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air mechanical and Services Corporation for $3,937,597.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney; and 2. Permission to purchase the Ð sole sourced Siemens Buildings Technologies Equipment and authorize the Chairman to sign the contract as prepared by the County Attorney. . C. Board approval to list the follOWing St. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process: 1. 1.57 +/- acre site located at the NE corner of U.S. 1 & N. 25 St. (former Ugly Boat Site) 2. 2.32 +/- acre site (west parcel) & 3.05 +/- (east parcel) located in the Airport Industrial Park. Consider staff recommendation to list St. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process, and authorization for the Chairman to sign the contract (for the auction process) as prepared by the County Attorney. D. Board approval to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service - Consider staff recommendation to approve to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service. Consent Agenda January 22, 2008 Page Four 7. PURCHASING CONTINUED E. Board approval to conduct contract negotiations for Request for Proposals (RFP) #07-083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated - Staff recommends 1. Board approval to conduct contract negotiations for Request for Proposals (RFP) #07-083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated, and 2. Authorization for the Chairman to sign the contract as prepared by the County Attorney. Board approval to advertise an Invitation to Bid for the sale of two (2) Pond doctor Aeration Units - Consider staff recommendation to approve to advertise an Invitation to Bid for the sale of two (2) Pond doctor Aeration Units. Board approval to award Invitation to Bid (ITB) #07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (Corrected amount due to scrivener's error) - Consider staff recommendation to approve to award Invitation to Bid #07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (Corrected amount due to scrivener's error), and authorize for the Chairman to sign the contract as prepared by the County. 8. PUBLIC SAFETY Request to approve Budget Resolution 08- for the Emergency Management Preparedness and Assistance Trust Fund Base Grant - Consider staff recommendation to authorize Budget Resolution 08-048 and authorize the Chairman to sign. 9. PORT Request direction from the Board on recommended properties to be sold to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport - Staff recommends the Board provide direction on the sale of properties between Ridgehaven and US 1 to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport. B. Request approval for Work Authorization #8 for LPA Group to provide design, permitting. assistance, bidding & construction phase services in support of the Electrical Vault upgrade at the St. Lucie County International Airport, for a lump sum cost of $29,014.00 - Consider staff recommendation to approve LPA Group Work Authorization #8 in the amount of $29,014.00 for design, permitting assistance, bidding and construction phase services, in support of the electrical vault upgrade at St. Lucie County International Airport, and authorize the Chair or designee to execute same. C. Request approval from the Board to enter into direct lease negotiations with SeaArk for the former Shrimp Culture site at the St. Lucie County International Airport - Consider staff recommendation approve entering into lease negotiations with SeaArk for the former Shrimp Culture site at the St. Lucie County International Airport. 10. CULTURAL AFFAIRS A. Authorize Smithsonian to serve beer and wine at the St. Lucie County Marine Center for the evening of February 13, 2008 - Consider staff recommendation to approve the Smithsonian to serve beer and wine at the St. Lucie County Marine Center for the evening of February 13, 2008. B. Authorize the Chair to sign a grant to the Cultural Affairs Council to be utilized for contracting speakers and others for the Florida Frontier Festival that will be held on February 23, 2008. Authorize free admission to the public at the Marine Center and the Historical Museum for this event - Consider staff recommendation to authorize the Chair to sign a grant to the Cultural Affairs Council to be utilized for contracting speakers and performers for the Florida Frontier Festival that will be held on February 23, 2008. In addition, authorize free admission to the public at the Marine Center and the Historical Museum for this event. Consent Agenda January 22, 2008 Page Five 10. CULTURAL AFFAIRS CONTINUED C. Authorize the Chair to sign the temporary easement agreement with Sarah's Memorial Garden, Inc. to allow the Cultural Affairs Department to host tours and make improvements to the cemetery where Zora Neale Hurston is buried - Consider staff recommendation to Authorize the Chair to sign the lease agreement with Sarah's Memorial Garden Inc to allow the Cultural Affairs Department to host tours and make improvements to the cemetery where Zora Neale Hurston is buried. 11. MANAGEMENT AND BUDGET A. Funding for the Public Safety's Animal Registration Licensing Program - Consider staff recommendation to approve Budget Amendment No. 07-010. B. Adopt Budget Resolution No. 08-050 to correct the budget for the Intermodal Facility Grant - Consider staff recommendation to adopt Budget Resolution No. 08-050 to correct the budget by recognizing the additional FDOT and Fort Pierce revenue originally taken to the Board February 27, 2007 but not rolled into the 07/08 fiscal year. 12. INVESTMENT FOR THE FUTURE A. Batting Cage Construction Agreement/Professional Sports Inc. - Consider staff recommendation to approve the agreement with Professional Sports, Inc. for the construction of a 2-tunnel batting cage at Lakewood Park Regional Park and Budget Resolution No. 08-049, accepting and allocating the funding. B. Reallocate FY 07-08 IFF Funds in the amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration, South County Annex, New Clerk of Court Building and Rock Road Jail - Consider staff recommendation to approve the reallocation of FY07-08 IFF Funds in the combined amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration ($21,000), South County Annex ($22,000), Clerk of Court ($11,000), and Rock Road Jail ($12,000). Staff further recommends the Board approve t.he contract;pnd/or ork authorization as needed and prepared by the ~ County Attorney. 131- WTH MANAGEMENT .- t-/l ~ bet/' Petition of Ryan Johnson, Johnson Group Land Development Consultants Inc. and Anya Group Inc. for a 12- month extension of the date of expiration for the Major Site Plan for Indrio Crossings - Phase II located at the southeast corner of Turnpike Feeder Road and Miramar Avenue (BCC File No. BCC 1120071377) - Consider staff recommendation to adopt Resolution No. 08-006 granting a 12 month extension to the Indrio Crossings - Phase II Major Site Plan Project. 14. INFORMATION TECHNOLOGY A. Request for Board Chairman to approve and sign the Bellsouth Contract Services Agreement - Consider staff recommendation to approve and sign the Bellsouth Contract Services agreement for 24 months. B. Request for Board Chairman to approve and sign the Bellsouth PRI Centrex Agreement - Consider staff recommendation to approve and sign the Bellsouth PRI Centrex Agreement for 23 months. C. Request for Board Chairman to approve and sign the Bellsouth PRI Advantage Agreement - Consider staff recommendation to approve and sign the Bellsouth PRI Advantage agreement for 48 months. 15. PUBLIC WORKS A. Addendum No. 1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project. No funds are associated with this addendum - Consider staff recommendation to approved Addendum No.1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station to include additional contractual language required by our grant agencies and authorization for the Chair to sign. B. Request approval of Second Amendment to Work Authorization No. 2 to Contract C03-09-644 (Engineering Services Related to Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc. for Indrio Road / Kings Highway Intersection Improvements. No funds are associated with this amendment - Consider staff recommendation to approve and authorize the Chair to sign the Second Amendment to Work Authorization No. 2 to Contract C03-09-644 for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for Indrio Road / KingsoHighway Intersection Improvements. Consent Agenda January 22, 2008 Page Six 15. PUBLIC WORKS CONTINUED C. Road and Bridge Division - Approval of Change Order # 1, release of retainage, and make final payment of $ 80,143.88 for the annual 2006-07 Resurfacing Contract (C07-03-164) with Ranger Construction Industries, Inc. - Consider staff recommendation to approve Change Order #1, release of retainage, and make final payment of $80,143.88 for the annual 2006-07 Resurfacing Contract (C07-03-164) with Ranger Construction Industries, Inc. 16. ADMINISTRATION A. Sustainability Advisory Ad Hoc Committee - Comm. Craft will be appointing Leon R. Camarda - Consider staff recommendation to ratify Commissioner Craft's appointment of Leon R. Camarda to the Sustainability Advisory Ad Hoc Committee. B. Sustainability Advisory Ad Hoc Committee - Comm. Smith will be appointing Alan H. Gilbert - Consider staff recommendation to ratify Commissioner Smith's appointment of Alan H. Gilbert to the Sustainability Advisory Ad Hoc Committee. 17. HUMAN RESOURCES/RISK MANAGEMENT A. Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices - Consider staff recommendation to pay PHS invoices in the amount of $308,403.35 per contract agreement. B. Compliance with HB7197, Section 119.071(5) Florida Statutes - Consider staff recommendation to approve Collection of Personal Information In order to be in compliance with Section 119.071(5), Florida Statutes. C. Compensation for staff called up to active duty to run from October 1, 2007 thru September 30, 2008 - Consider staff recommendation to approve and authorize approval by the Chairman October 1, 2007 to September 30, 2008. m¡¡Îíil¡_læmíil'ÏìÎll.ilildi_Ill.IIIÎft'iiì'(lW~__~Dll_'lîIìÎlÏIÎI"'ß'û¡¡¡ ANNOUNCEMENTS January 22, 2008 ~íBíIIß_~Ulmmmlll(¡_Ií.· 'i{'.~Â_IM_.~__il''i(¡i\.liÎmll~ 1. The Board of County Commissioner will hold the January Informal Monthly Meeting on Tuesday, January 22, 2008 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners Evaluation and Appraisal Report Major Issues Workshop will be on Friday, January 25, 2008 at 1:30 p.m. in the County Commission Chambers. 3. The Tuesday, February 5, 2008 Board of County Commissioners Meeting has been canceled due to the Board of County Commission Trip to Washington. 4, The Board of County Commissioner will hold the February Informal Monthly Meeting on Tuesday, February 26, 2008 at 1:30 p.m. in Conference Room #3. 5. The Board of County Commissioner will hold the Strategic Planning Session on Wednesday, March 12, 2008 from 8:00 a.m. to 5:00 p.m. and on Thursday, March 13, 2008 from 8:00 a.m. to Noon at Tradition Town Hall. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 1l.n.lUîÍÍ~II¡ÎlW¡ÎI¡HMì..~_~._I__.I~üïl_ SIJ, l;" ~"'. ' " -.' c.anJ""" .,. íi DäJtt"'" , ,"", ". I'I~ '" if, ::', t ¡it. ;,. ",,_": l ~; . ' '!~~' ~ 0.1".' " ,', :::: '~' ,,',11.111 ¡!......'jJ''''. ,.'.,. ".,' "". îÍÍi~_~Î'iIîîî_Wl'íIÌ1iillu_~~m~j" Charles Grande, Chairman Doug Coward, Vice Chairman Joseph E. Smith Paula A. Lewis Chris Craft District No.4 District No. 2 District No.1 District No.3 District No.5 AGENDA January 22, 2008 1. MINUTES Approve the minutes from the meeting held on January 8, 2008. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 15 and 16. NOTICE: All Proceedings before this Board are electronically recorded, Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, .i(~Îllìì__.~tI__"~ ~.:; 1~'ili.~,r~..T~~ ~~.;;.; ~ -..~ ~~" ~ _~~II~,\. _~ll'llllWl_.~~~__.l Chris Craft, Chairman Charles Grande, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No.5 District No.4 District No. 1 District No. 2 District No.3 AGENDA January 22, 2008 1. MINUTES Approve the minutes from the meeting held on January 8, 2008. 2. GENERAL PUBLIC COMMENT 3. PUBLIC WORKS South County Dune Restoration - Suspension of Work Authorization No. 9 with Coastal Tech for the determination of an appropriate funding plan along with services for the permitting, design and construction oversight-due to no immediate need and other concerns as identified in the attached back-up memo - Consider staff recommendation to approve to suspend further work on a one-time dune restoration project under Work Authorization NO.9 with Coastal Tech. CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 15 and 16. 2. PUBLIC WORKS Staff recommends Erosion District Board approval to submit a grant application in the amount of $10,000 to the FishAmerica Foundation to assist in the deployment of reef materials to the Offshore Artificial Reef. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 15,2008 Convened: 6:00 p.m. Adjourned: 6:45 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Rec. Director, Beth Ryder, Community Services Director, Lauri Case, Utilities Director, Diana Lewis, Airport Director, Marie Gouin, M & B Director, Neil Appel, Purchasing Director, Don West, Public Works Director, Mark Satterlee, Growth Management Director, Richard Bouchard, Erosion Manager, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held January 8, 2008, and; upon roll call, motion carried unanimously. 2. PROCLAMA nONSIPRESENT A nONS None 3. GENERAL PUBLIC COMMENTS Mr. John Arena, area resident, addressed the Board regarding the seagrass in the Lagoon and a small barge from Palm Beach in our area waters for many months. He also addressed the expansion ofFPL. Com. Coward advised Mr. Arena that FPL is upgrading components and this does not require them to come before the Board of County Commissioners. They are required to go before the regulatory agencies for approval. 4. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward to approve the Consent Agenda with the deletion of item C3 and the additions ofCA-I, and; upon roll call, motion carried unanimously. I . WARRANT LSIT The Board approved Warrant List No. IS. 2. PARKS AND RECREA nON Tradition Field FY 07/08 Capital Improvements - The Board approved SFS proceeding with the projects at a cost not to exceed $257K. Funds will be made available from loan proceeds. No expenses will be incurred until loan is secured. 3. INVESTMENT FOR THE FUTURE This item was pulled 4. PUBLIC WORKS 1 01/11/08 FZABWÃRR FUND 001 001164 001167 001180 001181 001183 001195 001404 001417 001419 001420 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107204 109 129 140 140001 150 160 183 183001 183003 183004 183006 185006 185007 185009 189201 316 316001 39007 397 398 ST. LUCIE Cl . - BOARD WARRANT LIST #15- 05-JAN-2008 TO 11-JAN-2008 FUND SUMMARY TITLE EXPENSES General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 Community Services Block Grant 05 CDBG Sup Disaster Recovery FDCA St. Lucie Co. Special Needs Sh FDCA-Construct County EOC TDC Planning Grant 07 Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services'Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund Parks MSTU Fund Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital Transportation Capital Indian River Estates MSBU Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital 2,655,430.92 17.51 121.73 50.94 501.60 2,792.33 408.94 378.95 179,533.49 55.18 25 9 . 52 1,888.49 382.10 20,483.11 265.30 52,140.71 23,598.34 27,309.71 121,431.77 55,977.15 10,818.59 1,936.46 3,625,481.61 295.41 583.75 114,170.44 7,817.78 457.14 35.00 17,065.00 53,112.40 58.79 1,320.14 4,340.72 4,086.66 340.00 1,598.62 1,292.55 4,359.48 10.87 106.69 185.85 4,799.35 888,411.53 655.47 58,211.25 1,200.00 800.00 PAGE 1 PAYROLL 658,872.10 0.00 132.15 0.0,0 0.00 3,905.82 1,438.97 1,381.00 0.00 0.00 449.23 0.00 1,391..91 42,732:06 953.77 44,606.58 34,245.07 20,656.87 0.00 88,186.74 6,130.40 0.00 186,412.69 1,081.20 2,128.40 0.00 8,488.00 1,629.92 0.00 0.00 17,243.42 0.00 1,264.81 3,700.14 1,340.13 0.00 0.00 4,273.50 0.00 0.00 0.00 1,083.16 5,597.05 0.00 0.00. 0.00 0.00 0.00 01/11/08 FZABWARR D 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 801 ST. LUCIE C ~ - BOARD WARRANT LIST #15- 05-JAN-2008 TO 11-JAN-2008 FUND SUMMARY TITLE EXPENSES Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Uti1-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Bank Fund 118,618.31 18,947.93 2,046.88 197.41 43,528.88 8,831.64 381.96 349.30 18,497.52 421,787.03 4,243.76 36,511.71 2,624.84 8,099.37 308,806.67 GRAND TOTAL: 8,940,052.55 PAGE 2 PAYROLL 77,145.78 24,350.35 1,587.26 707.99 18,463.69 8,655.41 1,162.61 1,360.91 57,479.82 3,776.86 2,340.00 0.00 0.00 0.00 0.00 1,336,355.77 A. Approval of Locally Funded Agreement- The Board approved the Locally Funded Agreement with Florida Department of Transportation in the amount of$1,475,000.00 for funding of the Kings Highway PD&E Study and approved Resolution No. 08-047 and authorized the Chairman to sign. B. Approval of First Amendment to Work Authorization No.1 (C06-08-758, Engineering Services for Roadway and Intersection Design)- The Board approved the First Amendment to Work Authorization No.1 for an extension of time to March 31, 2008 with Kimley Horn and Associates, inc. for design and permitting of a southbound left turn lane into the Oxbow Eco Center located on St. James Drive. C. Request approval of Second Amendment to Work Authorization No.2 to Contract C03-12-760 - The Board approved the Second Amendment to Work Authorization No.2 and authorized the Chairman to sign for an aext4nsion of time to march 31, 2008 with Jenkins and Charland, Inc. for repair plans of five bridges affected by Hurricane Wilma. D. Work Authorization No.1 to contract with Miller Legg - The Board approved Work Authorization No.1 to the contract with Miller Legg for the design of Glades Cut off Road and Selvitz Road Intersection in the amount of $253,222.59 and authorized the Chairman to sign. 5. COMMUNITY SERVICES Permission to accept- The Board approved accepting the grant and approved the agreement between the Florida Department of Financial Services and St. Lucie County in the amount of$l,OOO,OOO for the My Safe Florida Home Program and authorized the Chairman to sign all necessary documents. 6. PURCHASING A. Approval of the first amendment to Contract No. C7-11-600 with Florida Highway Products, Inc., - The Board approved the first amendment to Contract No. C7-11-600 with Florida Highway Products, Inc., and authorized the Chairman to sign the amendment as prepared by the County Attorney. B. Board approval to award Invitation to Bid # 07-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following lowest responsive, responsible bidders: E-Z Lock Shutter's Corp. Gulfstream Aluminum & Shutters Company Hurst Awning Company, Inc. The Board also approved going to the next low bidders if the lowest bidders do not execute contracts, and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Board approval to award RFP- The Board approved to award RFP # 07-110, Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis, and authorized the Chairman to sign the contract as prepared by the County Attorney. 2 CA.l PUBLIC WORKS Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426 for the westward extension of Walton Road improvement project form Village Green Drive to US 1- The Board approved the Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of$317,426 for the extension of Walton Road. REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY (0:12:44) Ordinance No. 08-007 (flkJa 07-056) Economic Development Impact Fee Mitigation Program- Consider staff recommendation to adopt Ordinance No. 08-007 and authorize the Chairman to sign the Ordinance. It was moved by Com. Craft, seconded by Com. Grande, to adopt Ordinance No. 08-007, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6. GRANTS Prioritizing the below four federal appropriation requests Federal Appropriation Requests: 1. $1,900,000 from the Economic Development Initiative account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to develop infrastructure for a 20 acre parcel of the Treasure Coast Education, Research and Development Park. 2. $4,000,000 from the Construction General Account of the Energy and Water Development Appropriations bill to re-nourish Ft. Pierce Beach. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. 4. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2009 to continue the beach re-nourishment feasibility study. It was moved by Com. Craft, seconded by Com. Coward, to approve the above four projects as listed for federal funding and authorized the County Administrator to submit the prioritization of projects to the legislative delegation, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY South Causeway Park- Amendment to Amended and Restated Recreational Facilities Exchange- Consider staff recommendation to approve the Amendment to the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. 3 It was moved by Com. Grande, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. RA-l. COUNTY ATTORNEY Ordinance No. 08-010- TVC Comprehensive Plan Amendment; Stipulated Settlement Agreement (Brown Petitioners) - Consider staff recommendation to grant permission to advertise a public hearing on February 19, 2008 at 6:00 p.m. or as soon thereafter as it may be heard to consider a Stipulated Settlement Agreement dated January 5, 2008. It was moved by Com. Craft, seconded by Com. Coward, to approve advertising the public hearing for February 19, 2008 at 6:00 pm. or as soon there after as it may be heard, and; upon roll call, motion carried unanimously. UN-AGENDAD Com. Grande requested the Board ratify his new appointment of Joe Holiday to the Public Art and Design Committee to replace Christina de La Vega who resigned. It was moved by Com. Coward, seconded by Com. Craft, to ratify Com. Grande's appointment, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 4 .. .,. AGENDA REQUEST ITEM NO: 2A DATE: January 22,2008 REGULAR [X ] PUBLIC HEARING [] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Deparbnent PRESENTED BY: jW Stefanie Myers . Assistant Director SUBJECT: Earned Income Tax Credit Awareness Day. BACKGROUND: The Earned Income Tax Credit was established in 1975 as a refundable federal income tax credit for low/moderate income working individuals and families. The credit was created as a way to improve quality of life by encouraging the use of this refund for necessities, such as reliable transportation, safe housing, college funds or savings. This credit also improves the economy by bringing in and circulating more money into the local economy. Every year millions of dollars of Earned Income Tax Credits go unclaimed by the working families in St. Lucie County. St. Lucie County Community Services in partnership with many area programs and businesses is working to substantially increase the number of families claiming EITC dollars, with additional goals to provide access to financial education and other asset building programs for low and moderate income working people and families. Residents can receive free tax preparation by volunteer preparers at 10 sites throughout St. Lucie County beginning January 31, 2008, ensuring that those eligible for EITC will receive their full, earned share. In addition, financial education services will be provided to aid in budgeting, debt elimination, credit repair, and resource identification. FUNDS AVAIL: N/A PREVIOUS ACTION: There has been no previous action. RECOMMENDATION: Adoption of the proclamation of January 31, 2008 as Earned Income Tax Credit Awareness Day in St. Lucie County which commends all those taking part in this campaign for their dedication to providing our citizens with the knowledge and tools for improved financial self-sufficiency and encouraging individuals and families to take full advantage of the many benefits afforded them by the EITC. COMMISSION ACTION: Þ<l APPROVED [ I DENIED [ ] OTHER Approved 5-0 County Attorney: x I)~ ~~ ~ /__c,¿ Originating Department: x ':-J ?',- Finance: x Check for copy only, if applicable Dougla Anderson County Administrator \iOOrdination/signat~o. I\j , Management & Budget x~X Purchasing: x Other: Other: . ~ ~ ~ COMMUNITY SERVICES MEMORANDUM #08-58 TO: FROM: SUBJECT: DATE: Board of County Commissioners Stefanie Myers, Assistant Director Earned Income Tax Credit Awareness Day January 22, 2008 The Eamed Income Tax Credit was established in 1975 as a refundable federal income tax credit for low/moderate income working individuals and families. The credit was created as a way to improve quality of life by encouraging the use of this refund for necessities, such as reliable transportation, safe housing, college funds or savings. This credit also improves the economy by bringing in and circulating more money into the local economy. In Tax Year 2005, over 22 million taxpayers received $41.4 billion dollars in EITC - making the credit a great investment in the lives of those who claim the refund. Every year millions of dollars of Earned Income Tax Credits go unclaimed by the working families in St. Lucie County. Eligible people who fail to claim EITC include Spanish speakers, individuals who are self-employed or have service jobs in private households, childless taxpayers, rural residents, and recipients of other types of public assistance such as food stamps. A partnership with many area programs and businesses is working to substantially increase the number of families claiming EITC dollars, with additional goals to provide access to financial education and other asset building programs for low and moderate income working people and families. The partnership behind this movement is a unique collaboration of public, private and nonprofit organizations led by St. Lucie County, AARP Tax-Aide, Volunteers in Tax Assistance, the Internal Revenue Service, City of Port St. Lucie, Mustard Seed Ministries, Fort Pierce Housing Authority, Cooperative Extension, Consumer Credit Counseling Services, Save Our Children, Miracle Prayer Temple, Veteran's Services, St. Lucie County Lending Consortium and many more businesses and community-based organizations. Residents can receive free tax preparation by volunteer preparers at 10 sites throughout St. Lucie County beginning January 31, 2008, ensuring that those eligible for EITC will receive their full, eamed share. In addition, financial education services will be provided to aid in budgeting, debt elimination, credit repair, and resource identification. St. Lucie County Community Services is also creating an Individual Development Account program through its Community Services Block Grant. This will allow residents to set aside a portion of their return into a limited access savings account with the goal of saving for home purchase, post secondary education, or starting a business. The grant will be used to match each dollar saved, thereby allowing residents to reach their goals more quickly. Free Tax Assistance Sites: Fort Pierce Housing Authority - 707 N ih Street, FP Fort Pierce Housing Authority - to be determined Fort Pierce Library - 124 N Indian River Drive, Fort Pierce Knights of Columbus - 451 SW Ravenswood Ln, PSL Lakewood Park Library - 7605 Santa Barbara Drive, FP Miracle Prayer Temple - 3215 Avenue a, Fort Pierce Morningside Library - 2410 SE Morningside Blvd, PSL Port St Lucie Community Center- 2195 SE Airoso Blvd, PSL Save Our Children -1611 Avenue D, Fort Pierce St. Lucie Medical Center-1800 Tiffany Avenue, PSL The following criteria are used to determine eligibility for the EITC. Earned income and adjusted gross income (AGI) must each be less than: · $37,783 ($39,783 married filing jointly) with two or more qualifying children; · $33,241 ($35,241 married filing jointly) with one qualifying child; · $12,590 ($14,590 married filing jointly) with no qualifying children. Tax Year 2007 maximum credit: · $4,716 with two or more qualifying children; · $2,853 with one qualifying child; · $428 with no qualifying children. · Investment income must be $2,900 or less for the year. STAFF RECOMMENDATION: Adoption of the proclamation of January 31, 2008 as Earned Income Tax Credit Awareness Day in St. Lucie County which commends all those taking part in this campaign for their dedication to providing our citizens with the knowledge and tools for improved financial self-sufficiency and encouraging individuals and families to take full advantage of the many benefits afforded them by the EITC. .:... ·f RESOLUTION NO. 08-028 A RESOLUTION PROCLAIMING JANUARY 31, 2008, AS "EARNED INCOME TAX CREDIT (EITC) AWARENESS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Earned Income Tax Credit (ElTC) approved by Congress in 1975, is a refundable federal income tax credit for low/moderate income working individuals and families and is the nation's largest anti-poverty program for low-to-moderate income families. Devised to improve quality of life by encouraging the use of this refund for necessities such as reliable transportation, safe housing, college funds or savings, this credit also improves the economy by bringing in and circulating more money into the local economy. 2. Each year millions of dollars of Earned Income Tax Credits go unclaimed by the working families in St. Lucie County because they lack information or affordable assistance. St. Lucie County is working to substantially increase the number of families claiming EITC dollars, with additional goals to provide access to financial education and other asset building programs for low and moderate income working people and families. 3. This campaign, sponsored by the St. Lucie County Community Services, is a unique collaboration of public, private and non-profit organizations supported by the Treasure Coast Community Action Agency, United Way of St. Lucie County, Mustard Seed Ministries, Fort Pierce Housing Authority, City of Port St. Lucie, St. Lucie County Lending Consortium, Cooperative Extension, Consumer Credit Counseling Services, Department of ..., , Children and Families, Save Our Children, Miracle Prayer Temple, AARP and Volunteers in Tax Assistance (VITA) and other businesses and community-based organizations. 4. Through this effort, citizens can receive free tax preparation by volunteer preparers at 10 sites throughout St. Lucie County ensuring that those eligible for EITC will receive their full, earned share. 5. St. Lucie County is proud to share in this effort of promoting economic opportunity and financial education to our citizens. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim January 31,2008, as "EARNED INCOME TAX CREDIT (EITC) AWARENESS DAY" in St. Lucie County, Florida. 2. This Board further commends all those taking part in this campaign for their dedication to providing our citizens with knowledge and tools for improved financial self- sufficiency; and encourage individuals and families to take full advantage of the many benefits afforded them by the EITC. PASSED AND DULY ADOPTED this 22nd day of January, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 1 of 1 Missy Stiadle - Re: Proclamation From: To: Date: Subject: Stefanie Myers Stiadle, Missy 12/27/2007 11 :37 AM Re: Proclamation 2~ The VITA representatives will be present - Ida Paul (Miracle Prayer Temple) & Patty McBride (Save Our Children). I am also hoping that someone from AARP Tax Aide will be there as well - but no confirmation as yet. »> Missy Stiadle 12/13/2007 1:57 PM »> Ok please use 2A on the regular agenda. Please let me know who will be here to accept. Thank you. »> Stefanie Myers 12/13/2007 1:4S PM »> / Beth doesn't want it on Consent - she would like it to be read at the beginning of the meeting. »> Missy Stiadle 12/13/2007 1:43 PM »> Please use C3 »> Stefanie Myers 12/13/2007 10:29 AM »> Connie Colella is working on a proclamation to go along with this for back up for the Jan 22 meeting - do I need an agenda number? file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\47738E70SLCMAILD... 12/28/2007 ,-/' ./ Page 1 of 1 Connie Colella - Proclamation From: To: Date: Subject: cc: Attachments: Stefanie Myers Colella, Connie 12/10/20076:20 PM Proclamation Ryder, Beth Proclamation .doc Community Services would like to do a Proclamation in connection with the national Earned Income Tax Credit Day on Jan 31, 2008. I have attached a potential sample that was used by another county for your review. Please let me know if you need any additional information. Thank you! Stefanie Myers. Assistant Director Division of Community Services 437 N 7th St, Fort Pierce, FL 34950 772-462-1176 Fax 772-462-1703 DEe 1 3 2007 co. ADMIN. OFFICE ~ C~..,!W:/ T\"'C' ·l~- ttS\\ ç') J);.. ,/ . r:(~ ® cV/ file://C:\Documents and Settings\administrator\Local Settings\Temp\XPgrpwise\475D836FSLC... 12/11/2007 ~ f AGENDA REQUEST ITEM NO:.:z. ß DATE: January 22, 2008 Regular[X] Public Hearing [ ] Consent [ ] TO: Board of County Commissioners PRESENTED BY: Beth Ryder, Directo~ SUBMITTED BY: Community Services SUBJECT: Report of the savings by County residents using the St. Lucie County/National Association of Counties (NACo) Prescription Discount Drug Card Program. BACKGROUND: As a benefit of NACo membership, St. Lucie County was eligible to participate in a discount prescription drug card program for all residents ofthe County. The Board approved participation of the program on April 11 , 2006 and the roll out date was July 1, 2006. St. Lucie County has been identified by NACo as one of the top ten counties nationwide for utilization of the program. FUNDS AVAIL: N/A PREVIOUS ACTION: Approved on April 11 , 2006. RECOMMENDATION: Continue the Prescription Discount Drug Card Program -~ ouglas M. Anderson County Administrator COMMISSION ACTION: Þ<l APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Atlorney:x ~ ~ 0 1S"'t'\ Originating Department: Coordination/Siq~ ~ ~ / Management & BUdgetx~ Purchasing: Other Other: Finance:x Check for copy only, if applicable .I , National Association of Counties Prescription Discount Drug Card Program A public - private partnership between the National Association of Counties. Care mark and St. Lucie County · St. Lucie County falls in the top 10 in the country for utilization of this program. · The average monthly savings is 20.31% · The number of residents served monthly has increased from 752 to 4,929. Uninsured . 43.6 million without prescription coverage* . 26.3 million of these uninsured are under the age of 65** .25.4% of St. Lucie County residents are uninsured National Association of Counties - Prescription Drug Discount Card Program $1.5 Million in Savings · Since Its approval by the board on April 11. 2006 and inception on July 1, 2006, $1,5 million has been saved by St. Lucie County residents as of November 2007 · The number of prescriptions filled monthly has increased from 1,281 to 11,278. · The highest number of prescriptions filled in a month was 11,600 · Average savings of 34% off generic medicine compared to regular retai prices Reminders · One card can be used by uninsured or underinsured residents for all family member prescriptions, including pets. · No registration is needed i , National Association of Counties - Prescription Drug Discount Card Program 2 AGENDA REQUEST ITEM NO: (:)-6 DATE: January 22,2008 Regular[X] Public Hearing [ ] Consent [ ] TO: Board of County Commissioners PRESENTED BY: Beth Ryder, Director SUBMITTED BY: Community Services SUBJECT: Report of the savings by County residents using the St. Lucie County/National Association of Counties (NACo) Prescription Discount Drug Card Program. BACKGROUND: As a benefit of NACo membership, St. Lucie County was eligible to participate in a discount prescription drug card program for all residents of the County. The Board approved participation of the program on April 11, 2006 and the roll out date was July 1, 2006. St. Lucie County has been identified by NACo as one of the top ten counties nationwide for utilization of the program. FUNDS AVAIL: N/A PREVIOUS ACTION: Approved on April 11 ,2006. RECOMMENDATION: Continue the Prescription Discount Drug Card Program COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Douglas M. Anderson County Administrator Coordination/Sic natures County Attorney:x Management & Budgetx Other Purchasing: Othe~ Originating Department Finance:x Check for copy only, if applicable National Association of Counties Prescription Discount Drug Card Program A public - private partnership between the National Association of Counties, Caremark and St. Lucie County $1.5 Million in Savings · Since its approval by the board on April 11, 2006 and inception on July 1, 2006, $1.5 million has been saved by St. Lucie County residents as of November 2007 2 · St. Lucie County falls in the top 10 in the country for utilization of this program. · The average monthly savings is 20.310/0 · The number of residents served monthly has increased from 752 to 4,929. 3 · The number of prescriptions filled monthly has increased from 1,281 to 11,278. . The highest number of prescriptions filled in a month was 11,600 . Average savings of 340/0 off generic medicine compared to regular retai prices 4 Uninsured · 43.6 million without prescription coverage* · 26.3 million of these uninsured are under the age of 65** · 25.4% of St. Lucie County residents are uninsured 5 Reminders . One card can be used by uninsured or underinsured residents for all family member prescriptions, including pets. . No registration is needed 6 [(~2~L~£2,~ffiis=~~t~,F~II"iJ~~gp'j5resëntation:ppt, .',..~_,. _r',,-,'"'''' ,,:='-'P~ge 7_ . , ì . AGENDA REQUEST CåUNTY' FLORIDA' ITEM NO: ~ DATE: January 22,2007 REGULAR (Xl PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESENTED BY: Stefanie Myers rJtv Assistant Director SUBJECT: St. Lucie Inspired Network to Achieve Community Together (I.N.T.A.C.T.) Update BACKGROUND: St. Lucie INTACT was formed in response to the 2004 storms to address the needs of low income homeowners in St. Lucie County. The mission of St. Lucie INTACT is to strengthen disaster coordination by sharing information, simplifying resident access to services, and by bringing together collaborative ieadership to address the long-term needs for recovery and rehabilitation of individuals and families vulnerable to disaster events. The INTACT Executive Board is comprised of representatives from the community, including the Community Services, United Way, Habitat for Humanity, Mustard Seed Ministries, Treasure Coast Food Bank, St. Lucie County Community Services, New Horizons, Council on Aging, and Indian River Community College. St. Lucie INTACT has moved from a position of rehabilitation and recovery to one of preparedness and mitigation. With support from the My Safe Florida Home Program and AmeriCorps, INTACT has been able to mitigate 150 low income homes by providing hurricane shutters and was recently awarded a second year grant to assist 250 additional low income homeowners. FUNDS AVAIL: N/A PREVIOUS ACTION: The Board of County Commissioners has supported the contract agreement with INTACT to provide program and case management services for INTACT. RECOMMENDATION: Board of County Commissioners hear the presentation by the Chairman of the Executive Board of St. Lucie INTACT, Allan Rivett. COMMISSION ACTION: [>J APPROVED [ ] DENIED [ ] OTHER Approved 5-0 County Attorney: x ~ i"'D ~ £ Originating Department: x ('7),;., . Finance: x Check for copy only, if applicable Doug s MAnderson County Administrator Management & Budget xRtf L\~~ Other: :' Purchasing: x Other: Coordination/Signatures ... . COMMUNITY SERVICES MEMORANDUM #08-64 TO: Board of County Commissioners FROM: Stefanie Myers, Assistant Director SUBJECT: St. Lucie Inspired Network to Achieve Community Together (I.N.T.A.C.T.) DATE: January 22, 2008 S1. Lucie INTACT was formed in response to the 2004 storms to address the needs of low income homeowners in S1. Lucie County. The mission of S1. Lucie INTACT is to strengthen disaster coordination by sharing information, simplifying resident access to services, and by bringing together collaborative leadership to address the long-term needs for recovery and rehabilitation of individuals and families vulnerable to disaster events. The INTACT Executive Board is comprised of representatives from the community, including the Community Services, United Way, Habitat for Humanity, Mustard Seed Ministries, Treasure Coast Food Bank, S1. Lucie County Community Services, New Horizons, Council on Aging, and Indian River Community College. St. Lucie INTACT has moved from a position of rehabilitation and recovery to one of preparedness and mitigation. With support from the My Safe Florida Home Program and AmeriCorps, INTACT has been able to mitigate 150 low income homes by providing hurricane shutters and was recently awarded a second year grant to assist 250 additional low income homeowners. STAFF RECOMMENDATION: Board of County Commissioners hear the presentation by the Chairman of the Executive Board of S1. Lucie INTACT, Allan Rivett. ,¡II GI..""..·.......gr..m_'OfllOfl...'¡". St. Lucie "Inspired Network to Achieve Community Together" INT ACT's Mission To strengthen disaster coordination by: 1) Sharing information and simplifying residents' access to services 2) Bringing togeiher collaborative leadership to address the long-term needs for recovery and rehabilitation of individuals/families vulnerable to disaster Long Term Recovery Disaster Response Cycle - Recovery ~//"""" ~___________/, ~eparedness-....-................. ___~~~~nJ INTACT IS... St. Lucie County's Long Term Disaster Recovery Organization · Formed after 2004 Hurricanes to assist disaste victims · Not-far-profit collaborative of 40+ private & faith based organizations · Funded by grants & donations S1. Lucie INTACT's Board of Directors Executive Committee Chairman - Al Rivett, Habitat for Humanity Vice Chairman. Laura Alexander, T rcasure Coast Food Bank Treasurer - Stefanic Myers, St. Lucie Cnumy Community Services Secrecsry -Jennifer Ross, Council on Aging Directors ens Aùams, United Way of St. Lucie Count) Dr. Daniel Bird, Inwan RiVL'r Community College Stacy Mahno\vski, Mustard Seed Ministries Maureen Simmons, 0Jcw Horizons of the Treasure C()a.~t Bryal1 Wenl-,rer, lndlan H..iver Presbytt:rian Church Recovery Accomplishments Frances & Jeanne 2004 and Wilma 2005 Managed over 750 referrals. Completed repairs on 74 homes with unmet needs using volunteers & grant funds Advocated for families to receive additional funds from FEMA & insurance 1 . Provided case management services to address recovery needs . Received $625,301 in grants & donations to help residents with unmet needs Coordinated 21 volunteer groups contributing 13,000 hours Disaster Response Cycle - Mitigation [~BtiDn -~~~ ~ What are Improvements? · Strengthening roof deck attachments · Creating a secondary water barrier to prevent water intrusion · Improving the survivability of roof covermgs ~ · Bracing gable-ends ~ " Recovery Accomplishments Frances & Jeanne 2004 & Wilma 2005 . Assisted 126 displaced individuals & families find more permanent housing after the 2004 FEMA Mobile Home closeout . Assisted 51 individuals & families displaced after the 2005 FEMA Mobile Home closeout Mitigation is... Hardening a home through "improvements" to make it less likely to be damaged during a storm by either wind or water · Reinforcing roof-to-wall connections · Upgrading exterior wall opening protections · Upgrading exterior doors, including garage doors 2 ì Mitigation Accomplishments & Plans . A warded $1,392,520 for 10w- income homeowner mitigation . 150 Low-income homeowners received hurricane shutters & installation in fiscal 2007 .250 additional homes will receive mitigation in fiscal 2008 IN SUMMARY .240 homes repaired or mitigated .21,028 volunteer hours from 32 groups, totaling 427 volunteers for a value of$394,695 contributed to the community . $2,199,873 Grant funding for 81. Lucie County residents to aid in recovery & mitigation Thank You St. Lucie County! T~ · Joseph E. Smith Gradas · Doug Coward · Paula A. Lewis · Charles Grande · Chris Craft · Douglas M. Anderson Mitigation Accomplishments & Plans .25 Homeowners have been assisted with additional hurricane damage repairs by accessing Red Cross Means to Recovery funds of $313,553 · Collaborative community mitigation training with Hurricane House for homeowners and volunteers. Key Partners · Volunteer Florida Foundation · PGM Shutters Ine · AmeriCorps · United Way ofS1. Lucie County · Mustard Seed Ministries · Habitat for Humanity of S1. Lucie County · BOCC/Community Services · Goodwill Presbyterian Church Thank You St. Lucie County! · David Wood - IT · Beth Ryder - Community Services · .lady Honet - Cultural Affairs · Chris Lestrange & Ken Arnold - Building · Frank Williams - Permitting · Erick Gill- PIO · Roberta Breene - Grants · Karla Lenfesty - Hurricane House 3 " Community Supporters GoodwiU Presbyterian Church Gold Slone Creamery WalgreenUSl St. Andrews Episcopal Church Orchid h.land Juice WalgreensOrange Failh CnngregalionÐl Church Ft Pierce Central Wid·MartFP IRPC CoUegeJHidl School Youth FPlnlelF'ftrk Wal"MartSLW Group Heathcote Gardens Wal-MlIrt PSl US1 IRPe - Deb Circle Home Depot Wlnn Dilde Midway PGM Shutters MusUlrdSeed Wlnn Dixie US 1 FP Duffy'sPSl NanJle's Way Gym Mrs. Forgefa2nd grade class Pepsi Bottling Co. Papa Johns Alfred Claude VFF Lowe's SamsClub Esther8l'ooks Subway· Mr. Kin!:! Spunk.y'!;: Surf Shop Jude Bunten Subway - Mr. Patel Renee Scott Kitty March Coggin-OSteen Laura & DonTldey WPSLradio LeeArm Turner & fam~y Sun Stoppers WFLM DanieUe & Ryan USDA Julie Fomus Local Mltigaüon Strate¡jes Board Red Cross 4 Page 1 of 1 Missy Stiadle - Clerk Presentation at the BOCC meeting 1/22/08 dÙ \ Q-LC\~ From: To: Date: Subject: cc: Lauri Heistermann Stiadle, Missy 1/9/2008 4:45 PM Clerk Presentation at the BOCC meeting 1/22/08 Francis, Shai; Fry, Edwin; Smart, Lorna Please add a presentation by Ed Fry to the next BOCC day meeting, 1/22/08 regarding the Certificate of Achievement for excellence in financial reporting for the Comprehensive Annual Financial Report for FY ending 9/30/06. Thank you for your assistance. file://C:\Documents and Settings\Administrator\Local Settings\ Temp\XPgrpwise\4784F A2... 1/1 0/2008 · , AGENDA REOUEST ITEM NO. 5.A Date: January 22, 2008 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. 08-001 - Amending Art in Public Places Ordinance for Airport Projects BACKGROUND: See C.A. No. 07-2028 FUNDS A V AIL.(State type & No. of transaction ill N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 08-00 I as presented. M APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Douglas . Anderson County Administrator 1 ~- .je:- County Attorney: r Coordination/Shmatures Originating Depl.: bt'\" Mgt. & Budget: Other:O ~ Purchasing: Other: Fin"nee (Cheek for Copy only. ¡fapplicable): · \ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney CA NO: 07-2028 DATE: November 21,2007 SUBJECT: Ordinance No. 08-001 - Amending Art in Public Places Ordinance for Airport Projects BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 8-001 which would amend Chapter 1-4.5 (Art) to delete the projects at the St. Lucie County International Airport from the definitions of "capital project" and "transportation capital project." The County's auditors have recommended this amendment in order to insure compliance with FAA Grant Assurance No. 25 which requires all revenues generated by the airport be expended on capital and operating costs at the airport. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 08-001 as presented. Respectfully submitted, Heather Young Assistant County Attorney Attachment BY/ Copies to: County Administrator Airport Director Cultural Affairs Director Management and Budget Director Jflo i ORDINANCE NO. 08-001 AN ORDINANCE AMENDING CHAPTER 1-4.5 (ART) OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 1-4.5-1 ("DEFINITIONS") TO DELETE ST. LUCIE COUNTY INTERNATIONAL AIRPORT PROJECTS FROM THE DEFINITIONS OF "CAPITAL PROJECT" AND "TRANSPORTATION CAPITAL PROJECTS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND 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 determinations: 1. On July 6,1999, the Board adopted Ordinance No. 99-07 which established an Art in Public Places Program for eligible County capital projects and transportation capital projects ("AIPP Ordinance"). 2. On August 15, 2000, the Board adopted Ordinance No. 00-30 which amended Ordinance No. 99-07 to limit eligible transportation capital improvement projects to those costing more than fifty thousand and 00/100 dollars ($50,000.00). 3. On September 17, 2002, the Board adopted Ordinance No. 02-24 which further amended Ordinance No. 99-07, as amended, to clarify that capital projects funded by the St. Lucie County Erosion District and the St. Lucie County Mosquito Control District are not subject to the County Art in Public Places Program. 4. The County receives numerouS grants from the Federal Aviation Administration ("FAA") for improvements to and the operation of the St. Lucie County International Airport (the" Airport") which require the County to comply with various Grant Assurances. Grant Assurance No. 25 requires that all revenues generated by the Airport be expended on capital and operating costs of the Airport. 5. In order to insure compliance with Grant Assurance No. 25, the County's auditors have recommended that the AIPP Ordinance be further amended to delete Airport projects from the definitions of "capital project" and "transportation capital project." Str~eI< tl.peugk passages are deleted. Underlined passaaes are added, .... \ NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-4.5 (ART) OF THE ST. LUCIE COUNTY CODE OF COMPILED LAWS IS HEREBY AMENDED BY AMENDING CERTAIN DEFINITIONS UNDER SECTION 1-4.5-1 (DEFINITIONS) READ AS FOLLOWS: Section 1-4.5-1. Definitions. For the purposes of this article, the following words or terms are defined as follows: ******************************** Capita/ project means any county capital improvement project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any park, above grade utility, and to construct or renovate any building, except a county detention facility or any capital improvement project at the St. Lucie County International Airport. ******************************** Transportation capita/ project means any county capital transportation improvement project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any highway or arterial, bridge or causeway, sidewalk, or bikeway, aviatiol'l related, or any road beautification project, except any capital transportation improvement project at the St. Lucie County International Airport. ******************************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Stl ~d, thrð~~h passages are deleted. 2 Underlined passaQes are added, .... , PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reaSon held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chairman Paula Lewis Commissioner Charles Grande Commissioner Doug Coward Commissioner Chris Craft xx xx xx xx xx PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of ,2008. StF~<I\ thFeugR passages are deleted. 3 Underlined passaQes are added. ATTEST: DEPUTY CLERK g:\atty\ordinance\2008\08-01.wpd £treeh threegh passages are deleted, ... \ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 4 Under lined passaaes are added. AGENDA REQUEST ITEM No.£"5 DA TE: January 22, 2008 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 08-004 (Formerly 07-013) - Providing the Terms and Conditions for Installing. Constructing and Maintaining a Communications Facility in the County's Public Rights-of-Way for the Provision of Communications Service BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: This is the first of two public hearings. No action is required at this time. COMMISSION ACTION: [i1 APPROVED [ ] DENIED [ ] OTHER: 7 Douglas Anderson County Administrator Approved 5-0 Review and Approvals County Attorney: Management & Budget Purchasi ng: 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: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO.: 07-2122 DATE: December 11, 2007 SUBJECT: Ordinance No. 08-004 (Formerly 07-013) - Providing Terms and Conditions for the Installing, Constructing, and Maintaining a Communications Facility in the County's Public Rights-of-Way for the Provision of Communications Service ****************AAAAÂAAAAAAA**AAAAAAAAAAAAAAAAAAAAAAAAAA.A.A.A.A********************* BACKGROUND: The primary purpose of the Ordinance is to grant to the County the maximum authority allowed under applicable federal and state law with respect to the regulation of the installation, maintenance and removal of communications facilities in the public rights of way under the control of the County. Historically, consistent with then applicable law, the County governed the placement of communications facilities in the rights of way primarily through enforcement of negotiated licenses and franchises with telephone and cable companies. Florida statutes now prohibit local government from requiring such licenses, franchises or any other form of agreement. However, local government is authorized to prescribe and enforce reasonable rules and regulations consistent with FL. STA T 337.401, provided that all providers of communications services are treated in a nondiscriminatory and competitively neutral manner. Absent an ordinance setting forth such rules and regulations, communications providers would be free to place facilities in the County's rights of way subject only to minimal permit requirements. Further, Florida law prohibits the imposition of fees or taxes other than those expressly permitted by FL. STAT. 337.401 and 202. Consistent with applicable Florida statutes the recommended ordinance requires that all communications providers: -register with the County -place facilities underground unless not technically feasible -restore and pay for any and all damage and repairs to property -pays expense of removal -submit engineering plans, surveys and traffic plans -comply with codes and safety practices -maintain insurance with the County as a named insured -post security and construction bonds Providers that provide retail service to subscribers within the County are subject to the Florida Communications Service Tax. Local imposition of fees and taxes, except certain permit and application and review fees are prohibited. Providers that place facilities in the County's rights of way but do not provide service within the County may be charged $500 per mile. On September 20, 2007, the Planning & Zoning Commission recommended forwarding Ordinance No. 07-013 to the Board of County Commissioners for consideration. On November 6, 2007, the Board continued the first public hearing until December 4, 2007and at the December 4,2007 meeting, the public hearing was continued until January 22, 2008. RECOMMENDATION/CONCLUSION: This is the first of two public hearings. No action is required at this time. Respectfully submitted, ':.~ . f' ,. ,. ---- Katherine Mackenzie-Smith Assistant County Attorney KMS/ caf Attachment ORDINANCE NO. 08-004 (Formerly 07-013) AN ORDINANCE OF ST. LUCIE COUNTY. FLORIDA, CREATING SECTION 7.10.27 OF THE COUNTY LAND DEVELOPMENT CODE TO PROVIDE THE TERMS AND CONDITIONS FOR THE INSTALLING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE COUNTY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A CODIFICATION CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY AND APPLICABILITY CLAUSE: PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Board of County Commissioners of St, Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lú unt c!DeveloPtnent Cod~:" If;;l:¡((= :, 2. This Boar, i orizedoy Section 125.01(1)(t) to adopt ordinances and resolutions necessary for;th~~,~hrclse of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; 3. 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 - 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - March 14, 1991 November 7, 1991 February 16, 1993 Moy 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 September 7, 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 - 99-18 - .str~eh tL'6~91. passages are deleted, Underlined passages are added, Page 1 of 26 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6,1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2, 1999 00-10 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02- 04-33- 05-03- 05-07 - 05-23- 06-13- 06-18- 06-30- June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20,2004 December 7, 2005 August 2, 2005 January 18, 2005 September 20, 2005 June 6,2006 May 30, 2006 September 12, 2006 00-11 - 00-13 - 02-05 - 02-20 - 03-05 - 04-07 - 05-01- 05-04- 05-16- 06-05- 06-17- 06-22- 07-017- June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7,2003 April 20,2004 March 15, 2005 August 2, 2005 August 16, 2005 April 18, 2006 May 30, 2006 July 18, 2006 June 5, 2007 4. On September 20, 2007, the Local Planning Agency! Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 5. On November 6, 2007, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on October 22, 2007. 6. On , 2007, the proposed ordinance, after publishiriga notice of such Tribune on "',2007. second public hearing on St. Lucie News and the 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida, WHEREAS, Section 337.401, Florida Statutes provides that because of the unique circumstances applicable to providers of Communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of Communications services, and because of the desire to promote competition among providers of Communications services, it is the intent of the Legislature that municipalities and counties treat providers of Communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement and maintenance of Communications facilities in the public roads or rights-of-way. Rules and regulations imposed by a municipality or county relating to the placement or maintenance of Communications faci lities in its roads or rights-of-way must be generally applicable to all providers of Communications services, and, notwithstanding any other law, may not require a provider of Communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise or other similar agreement with Strue!< tl ,Pßu~~ passages are deleted, Underlined passages are added, Page 2 of 26 the municipality or county as a condition of placing or maintaining Communications facilities in its roads or rights-of-way; and WHEREAS, the Board of County Commissioners of St. Lucie County ("Board" or "Board of County Commissioners") has determined it is in the public interest of the County to permit the placement of one (1) or more Communications systems or faci lities in the public rights-of-way of the County; and WHEREAS, it is the intent of the Board of County Commissioners to encourage competition by providing access to the public rights-of-way to the County on a nondiscriminatory basis; and WHEREAS, Sections 337.401 and 364.0361, Florida Statutes, require that a local government treat Communications companies in a nondiscriminatory manner when exercising the authority to manage the public rights-of-way; and WHEREAS, it is the intention of the Board of County Commissioners to recognize the interests of Communications service providers to install their facilities in public rights-of-way as a means of promoting the use of such technology for the good of the people of the County; and WHEREAS, it is the intent of the Board of County Commissioners to exercise the County's authority over the Communications service providers' occupancy of the public rights-of-way; and WHEREAS, thos ~. and the spirit of the Communications Act of 193,4, '¡! ~ ~ . WHEREAS, the el1C1£tmënt 9 ei}o.. Act of amendments to applicable statutes of the State of Flò'rida and developments in Communications technology and services have resulted in an increase in the number of persons certified by the Florida Public Service Commission to provide Communications Services; and WHEREAS, various Communications service providers have requested or may request the right to occupy the public rights-of-way of the County for the purpose of installing, maintaining and operating Communications systems or facilities; and WHEREAS, it is the County's intent to treat each Communications Service Provider on a competitively neutral and nondiscriminatory basis in granting access for uSe of the County's public rights-of-way; and WHEREAS, the public rights-of-way subject to the jurisdiction and control of the County (1) are critical to the travel of persons' and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the County is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in Strud, threugh passages are deleted. Underlined passages are added, Page 3 of 26 the public rights-of-way; (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the County to exercise its authority to impose fees and adopt reasonable rules and regulations to the fullest extent allowed by federal and state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA. AS FOLLOWS: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: CHAPTER VII 7.10.00 SUPPLEMENTAL STANDARDS SECTION 7.10.27 COMMUNICATIONS Section 1. Intent and Purpose. St. Lucie County (the "County") hereby declares as a legislative finding that the public rights-of-way within the County are a unique and physicallv limited resource that are critical to the travel and transport of persons and property in the County; that the public rights-of-wav must be managed and controlled i~,a manner.J~.~t enhancesthe he?lt~:s~fetYa~dgeneral welfare of the County and its citizens; a~dfJ.th?t thei.usè~pd occuP~~cy 0'Ethe'pì:Ü51¡êi0~.i,ght7s"'of-waY by providers of Communications services ~ust 'l;~ su~i~C,tto re~~I~tion IA/,hi~h.can ens~re minimal inconvenience to the public. coordinate us~rs. ma~imizèaYailabl~:.spá'c~, re?uc~ mainten~nce and costs to the public. and facilitate entry of anoptilT\ril numbèr'ó'fi, próviders of.cable. Communications. and other services in the public interest.' It is the intent of the County to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications facilities in the public rights-of-way within the County limits; adopting and administering reasonable rules. regulations and general conditions not inconsistent with state and federal law. including Section 337.401. Florida Statutes (2003), as it may be amended from time to time. and in accordance with the provisions of the Federal Communications Act of 1996 and other federal and state law; establish reasonable rules, regulations and general conditions necessary to manage the placement and maintenance of Communications facilities in the public rights-of-way by all Communications service providers; minimize disruption to the public rights-of-way; and require the restoration of the public rights-of- way to original condition. This section shall apply to any entity who seeks to construct, place, install maintain or operate a Communications system or facilities. as such terms are defined herein. in the public rights-of-way unless otherwise exempt by operation of applicable state law. :::tPtl¿l( tkfetl91 , passages are deleted, Underlined passages are added. Page 4 of 26 Section 2. Definitions. For the purpose of this section. the following words. terms and phrases shall have the meanings ascribed to them in this section. except where the context clearly indicates a different meaning. Words not otherwise defined in this section or in any permit that might be granted under this article shall be given the meaning set forth in the Communications Act of 1934. 47 U,S.C. Section 151 et seq.. as amended (collectively. the "Communications Act"), and. if not defined therein as defined by state statute; and, if not defined therein. be construed to mean the common and ordinary meaning. A. Abandonment means the permanent cessation of all uses of a Communications facility; provided that this term shall not include cessation of all use of a facility within a phvsical structure where the phvsical structure continues to be used. Bv way of example. and not limitation. cessation of all use of a cable within a conduit, where the conduit continues to be used. shall not be Abandonment of a facility in the public rights-of-way. B. Affiliate means each person. directlv or indirectly. controlling. controlled by. or under common control with a Communications services provider that is registered with the County; provided that affiliate shall in no event mean any limited partner. member, or shareholder holding an interest of less than Fifteen percent (1570) in such Communications services proYider, C, As-builts ~.e:an the fi,~~I, and compl~te dra.\oVi.~g~ in ,hard cop~ signed and sealed bv a professional surveyor an~)tmClgper ~gs;¡¡d~t,ined i?);,,~472.~()5·'·Florrcl&~tatutes) and the final and complete electronic oYervi~w ma~) (j~¡~ut~~ad ~ic~ostati~~:tnapinfo o~ ESRI format) presented in com uter in ut mediumsùch as:cd~r1'oiT?' dvd'Lor.zi. ,As'~builts in:.iboth the drawin s and the '~!?:~:l""[·/~·, i<\;~ electronic overview ma st,;show thè resent st-Ote)'o a Commhications services rovider's facilities in the public rights-of-way including. but not limited to. the horizontal and vertical location of facilities located at least everv one hundred (100) feet and at any alignment change. Horizontal locations on all points of facilities shall be from street centerline. or section or quarter section lines or corners. Vertical locations on all points of faci lities shall consist of elevations in either Countv datum or United States Geological Survey datum. D. Co-locate or co-location means the shared use of faci lities. such as poles. ducts or conduit. including but not limited to the placement of conduit owned by more than one user of the public rights-of-way in the same trench or boring and the placement of equipment owned bv more than one user in the same conduit. Co-location does not include interconnection of facilities or the sale or purchase of capacity. E, Communications COmDany or Telecommunications COmDany has the meaning set forth in Section 364,02(12). Florida Statutes. and includes any company providing communications services as defined in Section 202.11(2) and Section 337.401(6), E Communications facility, facility or facilities means any faci ¡itv that mav be used to provide Communications Services. including but not limited to, equipment or property. including. Stf~el, thfa~~1 , passages are deleted, Underlined passages are added, Page 5 of 26 but not limited to, cables conduits, converters splice boxes, cabinets" manholes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used or intended to be used, in the Public Rights-of-Way of the County to transmit convey, route receive, distribute, provide or offer Communications Services, G, Communications Pass- Through Provider means any person who places or maintains a Communications Faci lity in the roads or right of way of the County and who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, H, Communications services shall include, without limitation, the transmission, conveyance or routing of voice, data. audio video. or any other information or sianals to a point, or between or among points, by and through electronic. radio, satellite, cable optical. microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance I. Communications services Drovider shall refer to any Person making available or providing Communications Services, as defined herein, through the placement or use of a Communications Facility in the Public Rights of Way. J, Communications system or systems means any permanent or temporary plant, equipment and property placed or maintained in the public rights-of-way that is occupied or used, or is capable of being occuPi,:d or use~,>~y a Communicati~ns~.~~vic:sp~ovlder for the purpose of producing. conveying, routina:¡..t.~ansrT:'·iftin~., receiYI~~, am~lifyiñg, dis'f~,i6cifing, providing or offering Communications services..I'...ncluding. ' but n~t limi.tèdto cab...,I.~siwires, ·..·..I.ines conduits, fiber optics, ............ ;::'{ "i";}, _>.""""':.,'_ ", __._',",', antennae radios and an associatèd s converters s lice boxes cabinets hand holes manholes vaults, drains. surface locd±,i~~m'd'rk rs.aHdot~er plJht. ~uipment andfpathway, K. County means St, Lucie County Florida, a political subdivision of the State of Florida. in its present form or in any later reorganized. consolidated, or enlarged form. b Excavation or other similar formulation of that term means the cutting, trenching or other disturbance to the public rights-of-way intended to change the grade or level of land or that causes any cavity, gap. depression, penetration or hole in the surface of the public rights-of-way. M. FCC means the Federal Communications Commission, N. Government means the United States of America. the State of Florida or St, Lucie County, Florida. and any of their respective agencies, departments or bureaus, O. In the Dubh'c rights-of-way means in. along. on. over. under, across or through the public rights-of-way. !:. Law means any local. state or federal legislative, judicial or administrative order. certificate. decision, statute constitution. ordinance, resolution. regulation. rule. tariff, guideline or other requirements. as amended. now in effect or subsequently enacted or issued including, but not Strucl( tRreugR passages are deleted, Underlined passages are added, Page 6 of 26 limited to, the Communications Act of 1934 47 U,S,C. § 151 et seq" as amended by the Communications Act of 1996 47 U.S,C,A § 151 et sea, (1996) and all orders, rules tariffs guidelines and regulations issued by the Federal Communications Commission or the governing State authority pursuant thereto. Q, Person means any individual. firm, ¡oint venture partnership estate, trust, business trust, syndicate, fiduciary, association, corporation, companv, organization or legal entity of any kind, including any affiliate, succeSsor, assignee, transferee or personal representative thereof, and all other groups or combinations, and shall include the County to the extent that the County acts as a Communications services provider. g, Placement or maintenance or other similar formulation of that term means the named actions interpreted broadly to encompass among other things, erection, construction, reconstruction, installation, inspection, maintenance, placement. replacement. extension. expansion. repair, removal. operation, occupation, location, relocation. grading, undergrounding, trenching or excavation, Any Communications services provider that owns, leases or otherwise controls the use of a Communications system or facility in the public rights-of-way, including the physical control to maintain and repair, is "placing or maintaining" a Communications system or facility, A person providing service only through buying wholesale and then reselling is not "placing or maintaining" the Communications facilities throu9h which services is provided, The transmission and receipt of radio frequency signals through,x;,h,e airsp~~;x~f the public righ;,~~of-waY does not constitute "placing or maintainin " facilities in tné~ blic ri Hts;a -wa ',:..," S. T. Public rights-at-way means a road, street. highway. bridge. tunnel or alley that is owned by the County. publicly held by the County or dedicated to the County for public use and over which the County has jurisdiction and control and may lawfully grant access pursuant to applicable law. and includes the space above at or below the surface of such right-of-way, "Public rights-of- way" shall include public utility easements and County services easements that are under the iurisdiction and control of the County wherein the County now or hereafter acquires the right to locate or permit the location of Communications facilities; provided that the terms and conditions of any such easement expressly prohibit the use of particular easement for purposes other than which it waS conveyed, dedicated or condemned. "Public rights-of-way" shall not include (1) city. state or federal rights-of-way, (2) property owned by any person other than the county, (3) service entrances or driveways leading from the road or street onto ad ¡oining property or (4) except as described above, any real or personal property of the County, such as, but not limited to, County parks, buildings. fixtures. poles, conduits, sewer lines, facilities or other structures or improvement. regardless of whether they are situated in the public rights-of-way. Stl ~ð¡ tl.pa~gh passages are deleted. Underlined passages are added. Page 7 of 26 1L. Registrant or faclïity owner shall mean a Communications company or other person which seeks to use the public rights-of-way that has registered with the County in accordance with the provisions of this ordinance. V. Registration and register shall mean the process described in Section 3 whereby a Communications service provider provides certain information to the County. Section 3. Registration. A. Each Communications service provider that desires to place, erect construct, install. locate. maintain, repair. extend expand remove, or relocate any Communications facilities in, under. over or across any public rights-of-way in the County shall be considered to be using the public rights-of-way and shall be required to register with the County in accordance with the terms of this ordinance. ß.. Any Communications service provider desiring to use the public rights-of-wav shall file a registration with the County Administrator or his designee. which shall include the following information: .1 Identity of the applicant and name. address and telephone number of applicant's primary contact person in connection with the registration; .f, A ~fat~~entêfi;1w~~ther tþ~appli~âhf<pr'eSt¡;¡frYP'rÔYides retail services to any Communications services clJst?m~rs. ~ithin t~.~iUrisdiêtio~al limits of the County at the time of registration or whether t~e applica~tsimply i.~telÍâsto I~ase its facilities to other Communication service providers who will)8Eòpróviding direct:servicetoretail customers within the ¡urisdictional limits of the County. This information will allow the County to follow up with the registrant at the time the registrant begins to make physical use of the public rights-of-way. and to determine whether a linear mile charge is applicable in accordance with Section 4 of this ordinance, ª"- Evidence of the insurance coverage required under this ordinance and acknowledgment that registrant has received and reviewed a copy of this ordinance; 4. A COPy of federal and/or state certification authorizing the applicant to provide Communications services; and 5. A security fund in accordance with this ordinance. Ordinance. 6. Acknowledgment that Registrant has received and reviewed a COPy of this C. The County will review the information submitted by the applicant. Such review will be by the County Administrator or designee. If the applicant submits information in accordance Stp~el( tl1psugl, passages are deleted, Underlined passages are added. Page 8 of 26 with Section 3 above, the registration shall be effective and the County shall notify the applicant of the effectiveness of registration in writing, If the County determines that the information has not been submitted in accordance with Section 3 above, the County shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The County shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Upon notification of the non-effectiveness of the registration, nothing herein shall preclude the applicant from filing a subsequent application addressing the basis for the non- effectiveness. If the registrant disputes the determination of non-effectiveness for the particular application submitted. the only avenue of redress shall be an appeal under Section 7(P). Failure to comply with the appeals section for the particular application found to be non-effective shall be sufficient grounds for the County to reiect that particular application in the future. A registrant may cancel a registration upon written notice to the County Administrator or his designee stating that it will no longer maintain facilities in the public rights-of-way and will no longer need to pull permits to perform work in public ri9hts-of-way. Within thirty (30) days of any change in the information required to be submitted pursuant to Section 3, registrant shall provide updated information to the County. D.. A registration shall not convey title, èquitable or legal. in the public rights-of-way. Registrants may only occupy public rights-of-way for Communications facilities. Registration does not excuse a Communications service provider from obtaining appropriate access or pole attachment conSents before locating i;~.~ facilitie~,.~~another person'sfa~il.itie~;.~~9ist~ation does not excuse a Communications service rovFd r rom:Ëo'm I in with all a Iicóblé;Cóun'ordinances includin this ordinance. E. Re any priority for the use of the public rights-of-way by a registrant or any other registrants. Registrations are expressly sub iect to any future amendment to or replacement of this ordinance and further sub iect to any additional County ordinances, as well as any state or federal laws that may be enacted during the term of the registration. Section 4. Fees and Payments. .ð.. In consideration for the rights privileges and permission granted hereunder a Registrant hereunder shall pay an annual Communications Service Tax as set forth in Chapter 202 Florida Statues. Said tax shall be in addition to any permit fees imposed by the County pursuant to an election made by the County pursuant to Chapter 202 Florida Statutes. ß., A Registrant who places or maintains a Communications Facility in the roads or rights of way of the County who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, also defined as a Pass Through Provider, shall pay to the Countv annually Five Hundred Dollars ($500.00) per linear mile or portion thereof in addition to any permit fees the County is authorized to collect. The linear mile charge authorized by this Section shall be based on the linear miles of roads or Rights of Way where a Communications Facilitv is placed, not based on a summation of the lengths of individual cables, conduits. strands or fiber. .stp~el( tl ,pa~~R passages are deleted, Underlined passages are added, Page 9 of 26 C. Notwithstanding anything to the contrary, the County hereby reserves the right to require the maximum compensation allowed bv law. D. Pursuant to Chapter 337.40l(3)(f), nothing herein shall prohibit or impair any voluntary agreement between a Registrant and the County which provides for or allows for the provision of in-kind compensation by the Registrant to the County in addition to the fees and payments set forth in Sections A and B above. Section 5. Reports and Records. A. A registrant shall provide the following documents to the County as received or filed: ill Any pleadings petitions. notices and documents regarding any legal proceeding involving any provisions of this ordinance or any permit or Agreement granted pursuant to this Ordinance. ill Anv request for protection under bankruptcy laws, or any iudgment related to a declaration of bankruptcy. of C. Unless prohibited by applicable law, such other books, records. accounts and materials reasonably reauired by the County to determine compliance with this ordinance. D. The County shall keep any documentation, books and records of the reQistrant confidential to the extent permitted under Florida Statutes. Section 6. Underground Installation: Relocation. A. A registrant shall install its facilities underground, unless such undergrounding is not technically feasible, This provision shall apply prospectively for all new facilities. to the extent that this obligation is not expressly prohibited by federal law state law or applicable PSC rules and regulations. ª" Every registrant that places or constructs Communications facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations. C. Any Communications facilities heretofore or hereafter placed upon, under. over. or along any public rights-of-way that is found by the County to be unreasonably interfering in any way Str~el( tl.f8~g~ passages are deleted. Underlined passages are added. Page 10 of 26 with the convenient, safe or continuous use, or the maintenance: improvement, extension or expansion of such public ri9hts-of-way shall. upon written notice to the registrant or its agent. be removed or relocated bv such registrant at its own expense, within thirty (30) days of such notice consistent with Section 337.403. Florida Statutes. The Countv Administrator or his designee may extend the time within which a registrant shall remove or relocate a Communications facility for good cause shown. D. The Registrant shall not in any way displace damage or destroy any faci lities. including, but not limited to, gas, sewer, water main. pipe, cable, conduit. fiber optic, or other pathway or any other facilities belonaing to the County. The registrant shall be liable to the County for the costs of any repairs made necessary by any such displacement damage or destruction. af facilities belonging to the County, and the registrant shall pay such costs upon demand. In the case of an emergency, the County may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency, the County may cause the repairs to be made at the facility owner's expense. utilizing County employees. agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. After thirty (30) days, the County may obtain reimbursement from the security fund. In all other non-emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receixing notice,;)~: County mav ca~.~:t.h,~ r~E~irst~.,be made at the facility owner's expense, utilizing:iecll¡¡~t,y ell]þl~ve:s age~!;~>or c~~'¡:rdctors:;~¡'¡argè any and all costs, and require reimbursement wi!hin '¡:fii.~ty.?~~~:~ays afte,~;t,he ~ÍJbmission of the bill by the County to the registrant, Again, after thirty (~O)dày§:theCourìty, may:'obtain reimþursement from the security fund. ..OO" ' . .... ", <;;.c:'i"o' E. Subject to Section 337.403. Florida Statutes, whenever an order of the County requires such removal or chance in the location of any Communications facility from the public rights-of-way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the County may proceed to cause the Communications facility to be removed. The expense thereby incurred, except as provided in Section 337.403(1)(a)-(c), Florida Statutes, shall be paid out of any money available therefore. and such expense shall be charged against the owner of the Communications facility and levied collected and paid to the County. F, Sub ject to Section 337.404, Florida Statutes, whenever it shall be necessarv for the County to remove or relocate any Communications facility, the owner of the Communications facility, or the owner's chief agent shall be given written notice of such removal or relocation and requiring the payment of the costs thereof, and shall be given reasonable time which shall not be less than twenty (20) nor more than thirty (30) days, to file an appeal with the Board of County Commissioners to contest the reasonableness of the order. Upon receipt of a written appeal. the Board of County Commissioners shall place the matter on its agenda for consideration within forty- five (45) working days. Should the owner or the owner's representative not appear, the St.ud( tl.'ð~~~ passages are deleted. Underlined passages are added. Page 11 of 26 determination of the cost to the owner shall be final. in accordance with Section 337.404, Florida Statutes, G. A final order of the County, imposed pursuant to Florida Statutes and applicable provisions of this ordinance and the County code, if any, shall constitute a lien on any property of the owner and may be enforced as provided therein. H. The County retains the right and privilege to cut or remove any facilities located within the public rights-of-way as the County Administrator or his designee in reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the County shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility. I. Upon abandonment of a facility within the public rights-of-way of the County. the owner of the facility shall notify the Countv within ninety (90) days, Following receipt of such notice, the County may direct the facility owner to remove all or any portion of the facility if the County determines that such removal wi II be in the best interest of the public health, safety and welfare, In the event that the County does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities then such owner. by its notice of abandonment to the County, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. "'>'i;~'~' ;<'<: %'¥1,)'?:S~~;~\:2L": ,. ':<;",;, fr.:,,::"'r:<"'T;,':~? :L A re9istr~6t shcill.>erequ;st~f an~person hol~ing a permit issued by the County, temporarily raise\~r lo~~r itS\Ç~~tnun.icat;fòt1.s faciliti~s to permit the work authorized by the permit. The expense\~fstich fempóraryraising"orlowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days advance notice to arrange for such temporary relocation. Section 7. Use of Rights-of-Way. A A facility owner agrees at all times to comply with and abide by all applicable provisions of the state statutes and local laws including, but not limited to, applicable zoning regulations not inconsistent with state and federal laws. ß.. Except in the case of an emergency no Communications service provider shall construct any facility over, under or within any public rights-of-way which disrupts the public rights-of-way without first filing an application with and obtaining a permit from the County therefore. pursuant to applicable permitting requirements of the County and other applicable County Code reouirements, except as otherwise provided in this ordinance. The term "emergency" shall mean a condition that affects the public's health, safety or welfare. which includes an unplanned out of service condition of a pre-existing service, Registrant shall still be required to provide prior notice to the County in the eyent of an emergency. For the purposes of the notice requirements herein, the County shall provide the registrant with a County contract. When work is Stp~eh thpe~gh passages are deleted. Underlined passages are added. Page 12 of 26 rights-of-way for the protection of existing facilities in the public rights-of-way, or for County plans for public improvements, which have been determined by the County to be in the public interest. ill In case of conflict or interference between the facilities of different registrants, the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights-of-way. The resolution of any conflict or interference shall be made in a manner that is consistent with the non-discrimination provisions of the Federal Communications Act of 1996. ill There may be from time to time within the County various easements and streets which the County does not have the unqualified right to authorize registrant to use; therefore, the County does not warrant or represent as to any particular easement, rights-of-way, or portion of a right-of-way or easement that it has the right to authorize the registrant to install or maintain portions of its facilities therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the registrant. The County shall not be required to assume any responsibility for the securing of any rights-of-way, easements or other rights that may be required bv the registrant for the installations of its faci lities, nor shall the County be responsible for securing any permits or agreements with other persons or uti lities, fiì Upon request of the County. a registrant may be required to coordinate the placement or maintenance of facilities under a permit with any other work construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subiect public rights-of-way and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbances in the public rights-of-way. E. All facilities shall be installed. located and maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adioin any of the public rights-of-way. The registrant shall be liable for costs and expenses for the displacement damage or destruction of any irrigation system or landscaping within the public rights-of-way, to the extent not covered by the construction bond. In the event the registrant fails to make the appropriate repairs to restore such property to as 900d a condition as existed prior to the commencement of the work, the affected property owner may file a complaint with the County Administrator or his/her designee. In this instance, the registrant shall be given prior written notice of the necessary repairs by the County Administrator or his designee. If such repairs are not performed in a reasonable and satisfactory manner within thirty (30) calendar days after receiving notice, the County may cause the repairs to be made at the facility owner's expense. utilizing County employees Strueh tkre~gk passages are deleted, Underlined passagès are added. Page 14 of 26 agents or contractors. charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. After thirty (30) days, the County may obtain reimbursement from the security fund. The prior written notice described in this subsection shall be considered a final written decision for purposes of the appellate rights outlined in subsection (P) of this Section. F. The use of trench less technology (i.e.. directional bore method) for the installation of facilities in the public rights-of-way, as well as ¡oint trenching and/or the co-location of facilities in existing conduit, is strongly encouraged and should be employed wherever possible. G. The County Administrator or his designee may issue such additional rules and regulations concerning the placement and maintenance of a Communications facility in the public rights-of-way as may be consistent with applicable law and not inconsistent with this ordinance. H, All safety practices required by applicable law. or accepted industry practices and standards shall be used during construction, maintenance and repair of the Communications facilities. Registrant's work while in progress, shall be properly protected at all times with suitable barricades flags. lights, flares or other devices, as are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any requirements of the County to protect all members of the public having occasion to use the portion of the streets involved or ad ¡acent property. I. If. at anyt¡,!ftfue durihgr:;¡'he termdf th¿":'~i9Kf~ gflåhféd:J:nerein, the County shall ··qf,'::::, '>:,' ''\,: lawfull elect to alter or:W'" han e:Jhê radê of an ublici'ri hts-o -we u on reasonable notice b the Count the re istránt shall dR{£1f:b.n e sar r'èmovals relå in and relocations of its ." 'Ii" 'T';"'>::" " </"" Communications facilitiesJat.:it;t own expens, in accordance with åpplicable law, The County reserves the right to place and maintain. and permit to be placed or maintained. sewer, gas, water. electric. storm drainage. Communications or other types of facilities, cables or conduits, and to do. and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the County in the public rights-of-way occupied by the registrant. J. A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public rights-of-way as a result of its construction. ill The registrant shall at its own expense. restore such property to as good 0 condition as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar' days after the completion of construction. the County may. after prior written notice to registrant. cause the repairs to be made at the facility's owner expense, utilizing County employees, agents or contractors, charge any and all costs. and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. Stru/:I, thr"~9h passages are deleted. Underlined passages are added, Page 15 of 26 ':; (2) A permit from the County constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this ordinance, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. K All ongoing installation construction and maintenance of a Communications facility located in the public rights-of-way shall be sub iect to the County's periodic inspection for compliance with this ordinance or any applicable provisions of this ordinance and County Codes. b A facility owner shall not place its facilities so as to interfere unreasonably with any other person lawfully using the public rights-of-way of the County. M. The registrant shall. upon request of the County Engineer or his designee, and at no cost to the County. produce and provide to the County Engineer or his designee a complete set of as-built plans including but not limited to, horizontal and typical vertical profiles, within sixty (60) days after construction of any portion of the system. A registrant shall cooperate with the County by providing timely and complete information under this subsection. Upon completion of any installation or construction of new facilities in public rights-of-way, the registrant shall provide, at no cost to the County, such information as may be requested showing the exact location of its facilities and structures. including but not limited to. maps. geographical information systems. plats. construction documents. drawings and any other information the County may find reasonably necessary. Such plans sh~.n be provi~~~in digitized forfn~~.,~h~~in~...,!~.~.t~.~-dimensionallocation of the facilities based u onR unt 's; 'eo ra hicaldatabase'd~fUms"'óiiôfher format acce table to i"' "<,;-':·;,,::r,:>',:,: 'j? the County Administrato~. II, i1~o~~e~ion ~~?'uired~~"this Section shall be maintained in accordance with the ublicrecor' lòwsô'f'theS+òteo Florida. '<'".:~;;.. "i N. Suspension or denial of Permits. Sub iect to subsection (P) below. the County Administrator or a designee may suspend an existing permit or denv an application for a permit for work in the public rights-of-way for one or more of the following reasons: ill Violation of permit conditions, including conditions set forth in this ordinance or other applicable provisions of this ordinance or County Codes or regulations governing use of public rights-of-way; or ill Misrepresentation or fraud by registrant in a registration or permit application to the Countv; or m Failure to relocate or remove facilities as may be lawfully required by the County: or í.1ì Failure of registrant, its employees. agents or subcontractors. in connection with the sub iect permit to fg) Place barricades or signs around the work area, Str~ek tkre~9h passages are deleted. Underlined passages are added. Page 16 of 26 work site, or {Q} Take reasonable safetv precautions to alert the public of work at the ill Repair, replace and restore any sidewalk, street, allev, pavement, water sewer or other utility line or appurtenance soil. landscaping, dirt or other improvement, propertv or structure of any nature, In the event of such failure, the Countv may perform the work utilizing County employees, agents or contractors, charge any and all costs, and registrant shall be required to reimburse the Countv within thirty (30) calendar days after the submission of the bill by the Countv to registrant. In the event the Countv incurred costs as described herein. the registrant shall be required to reimburse the County for anv and all such costs before the suspension or denial can be lifted. The County Administrator or his designee shall have the discretion to waive this requirement. O. Immediatelv after the suspension or denial of permit pursuant to this Section, the County shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the County Administrator suspending a permit or denying an application for a registration is sub iect to appeal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. !:, All final w~~fte~.~ecì~róhis~av be~~rale~bYfiling;i¥;:w~¡ffèn notice of appeal with the Countv Clerk and providingcopi~st~}~e Co~~t&.~dmi8istrator and'County Attorney. An appeal must be filed with the Countv within:th¡f1t~(30)dávs'~f t~e date of th~final. written decision to be appealed. Any appeal not timelyfìleHas set forth herein shall be waived. The notice of appeal shall state the decision that is being appealed, the grounds for appeal a brief summary of the relief sought, and shall be accompanied bv a non-refundable fee to be established by administrative order of the Countv Administrator, The Board of Countv Commissioners may affirm, modifv or reverse the decision of the County Administrator. The County Administrator or his designee shall notify any party who has filed a written request for such notification of the date when the matter will be presented to the Board of County Commissioners, Nothing contained herein shall preclude the Board of County Commissioners from seeking additional information prior to renderinq a final decision, The decision of the Board of Countv Commissioners shall be by resolution and a COPy of the decision shall be forwarded to the County Administrator and the appealing party, Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board of County Commissioners may appeal an adverse decision to the Circuit Court in and for St. Lucie County, Florida, or applicable federal or district court. The party making the appeal shall be required to pay to the Countv Clerk a fee as established by the Clerk. º" In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers by providing cable services. or anv other services other than the provision of Communications service. or for providing any other use to existing or potential consumers, a Struel, tflpou9h passages are deleted, Underlined passages are added. Page 17 of 26 registrant shall seek such additional and separate authorization from County for such activities as may be required by applicable law. R. To the extent that any person or registrant leoses or otherwise uses the foci lities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of-way of the County, the person or registrant shall make no claim. nor assert any right which will impede the lawful exercise of the County's rights. including requiring the removal of such facilities from the public rights-of-way of the County. regardless of the effect on the person's ability to provide service. or on the registrant's ability to maintain its own Communications facilities in the public rights-of-way of the County, Section 8. Involuntary Termination of Registration A. The involuntary termination of a registration may only be accomplished by an action of the Board of County Commissioners. The County may declare the registration terminated and revoke and cancel all privileges granted under that registration if: ill A federal or state authority suspends. denies, or revokes a registrant's certification to provide Communications service. ill ill The registrant abandons all of its facilities. ª'- Prior to such termination of the County resulting from a violation of any of the provisions of this subsection, the registrant shall be notified by the County Administrator or his designee with a written notice setting forth all matters pertinent to such violation and describing the action of the County with respect thereto. The registrant shall have sixty (60) davs after receipt of such notice within which to cure the violation. or within which to present a plan. satisfactory to the Board of County Commissioners to accomplish the same. In the event of an emergency. the County may take appropriate action in accordance with Section 6 of this ordinance. In the event of a vote by the Board of County Commissioners to terminate, the registrant shall. within a reasonable time following such termination, remove or abandon the facilities and take such steps as are necessary to render safe every portion of the faci lities remaining with the public rights-of-way of the County. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the County may either: ill Require the registrant's bonding company to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its proper condition, or Strucl( tRreugR passages are deleted. Underlined passages are added, Page 18 of 26 ill The County may reQuire that some or all of the facilities be removed and the public rights-of-way restored to its proper condition at the registration's expense. uti lizing County employees. agents or contractors, and charge any and all costs, and reQuire reimbursement, C. The obligations of the registrant and the bonding company hereunder shall survive for a period of twenty-four (24) months from the termination of the registration. In the event of a termination of registration, this provision does not permit the Countv to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state Communications agencies and is properly registered with the County for such certificated service. under this ordinance. Section 9. Compliance with Other Laws; Police Power. A facility owner shall at all times be subject to and shall comply with all applicable federal. state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the County. to the extent not inconsistent with applicable laws. Section 10. Transfer of Control; Sale or Assignment. A. If the registrant transfers or assigns its registration incident to a sale or other transfer of the registran!:sassets, tb;,transferee or assi~'~è:~~~a.II.~~/~bli~ated to comply with the terms of this ordinance. o/H:t!:~ noticèo~any trg~~fer ~glêorássi9n~entshall be provided to the County within twenty (20)'daYs'f~"0~i~~t~e eff~c!i~e da1e.0fthe tra~sfer. sale or assignment. In order for the transfer of;regist:~éìti~.ñ0·:F()~e e~t~c\fiV:~. th: transfereeior assignee must comply with the registration requiremént~under¡:Sectfí:in 3!'of thisOrclinance. B. Notwithstanding anything in this ordinance, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the construction, operation or repair of its Communications facilities may be made to any person with notice to the County. Any mortgage pledge, lease or other encumbrance of the Communications foci lities shall be sub íect and subordinate to the rights of the County by virtue of this ordinance or other applicable law. Section 11. Insurance; Surety; Indemnification. A. A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the County. its officers, boards, Commission. Commission members, agents and employees as additional insureds; worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with respect to the construction. operation and maintenance of the Communications facilities and the conduct of registrant's business in the County, in the minimum amounts of: ill $500.000 for property damage in anyone accident: ill $1.000.000 for personal bodily in jury to anyone person; and '::;tp~el( tl ,P8~gh passages are deleted. Underlined passages are added, Page 19 of 26 ill $2000000 for personal bodily injury in anyone accident. The policv shall also provide that the Countv wi II be given a thirty (30) dav written notice of cancellation or non-renewal. B. All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-l in Best's Key Rating Guide, Property/Casualty Edition. except as provided in subsection (D) below. The Countv may require coverage and amounts in excess of the above minimums where necessary to reflect changing liabilitv exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by Section 11 through excess or umbrella policies of insurance and where such policies are in a form acceptable to the Countv's Risk Manager. C. A registrant shall keep on file with the County certificates of insurance which certificates shall indicate that the County, its officers boards, Commission, Commission members. agents and emplovees are listed as additional insureds. In the event of a potential claim such that the County claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the County for information with respect to the scope of the insurance coverage. D, The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) davs prior written notice thereof has been given to the Count~:, A re9istr~nt shall not cancel~RX. r.:.~~ir:~.,insurance policv without submission of proof that7:mneregistrant has obtained ~Iter'nâtive::¡'~~¡;ìrãnce satisfaction to the .:e. '~'(}". ,,",-,",',', ,,:,'0 .....:.,i.":'..:'.. ':'-':T ._,' County that complies witK'thisÓRdin~~c~!:A re9i7t~~~t tKg~eL~cts to~elf-insure all or a portion of the insurance coverage a~d limit r:qui~~ment~rèq~ired!'by this Sec!~ion is not required, to the extent of such self-insur~~.;;;~t()' complý with the requiret"ent for the.naming of additional insureds under this Section. A regištrant that elects to self-insure shall provide to the County evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this Section. such as evidence that the registrant is a "private self- insurer" under the Workers Compensation Act, For purposes of this Section, "self-insure" shall also include a registrant that insures through a "captive insurer," as defined in Section 628,901 Florida Statutes, f, Registrant shall. at its sole cost and expense, release indemnify, hold harmless and defend the Countv its officials, boards, members, agents, and employees. against any and all claims. suits, causes of action, proceedings. judgments for damages or equitable relief, and costs and expenses sustained by the County in connection with each such claim suit, cause of action or proceeding including but not limited to. attorneys' fees, arising out of the construction. maintenance or operation of its Communications system or facilities in the public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this ordinance; provided, however, that a faci lity owner's obligation hereunder shall not extend to any claims caused by the sole negligence of the Countv, This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnifv, County agrees to notify the registrant. in writing, within a reasonable time of the County receiving notice, of any issue it determines may require indemnification, Nothing in this Section shall prohibit the County from Stl ~e¡ tl.re~~n passages are deleted, Underlined passages are added, Page 20 of 26 participating in the defense of any litigation by its own counsel and at its own cost if in the County's reasonable belief there exists or may exist a conflict, potential conflict, or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted (1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida. and (2) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. Section 12. Construction Bond. A. Except in the case of an emergency. as described in Section 7(B) of this ordinance, prior to performing any work in the public rights-of-way. a registrant may be required to establish in the County's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public rights-of-way, in accordance with applicable sections of this ordinance or the County code. The amount of the construction bond shall be as set forth in the engineering permit and may be modified in the County Administrator or his designee's reasonable discretion. based upon the cost of the restoration to take place in the public rights-of-way. and any previous history of the registrant concerning restoration within the public rights-of-way of the County. The County Administrator. in his or her discretion. or designee. may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer. or certified by a person who is .. exem t from such re uirements as rovided in Section 471003 Florida Statutes. ;;:::'&>1Z>. .~.;,-y1);'''> ¡i!i::JD~::;:\;:·;. B. In the ev~~t d"ÞêgiS{r~~:~.~Ûb iect!~~~;~uchgconstructi~~ bond fails to complete the work in a safe, timely and'!Çompetent·ímarît\er in/accóiidance with the provisions of the permit. there shall be recoverable. ioinfly(]ndh§ev~~allyifromthe p~incipal and sureWof the bond, any damages or loss suffered by the County as a result, including the full amount of any compensation indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. C. Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the County shall eliminate the bond. Notwithstanding, the County may reauire a new bond for any subsequent work performed in the public rights-of-way, D. The construction bond shall be issued by a surety having a minimum roting of A-l in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the County Attorney, and shall provide that: This bond may not be canceled. or allowed to lapse unti I sixty (60) days after receipt by the County by certified mail. return receipt requested of a written notice from the issuer of the bond of intent to cancel or not to renew. Ctr~elt tl.r8~g, passages are deleted, Underlined passages are added, Page 21 of 26 .E., The rights reserved by the County with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the County may have under this ordinance, or at law or equity, F. The rights reserved to the County under this Section are in addition to all other rights of the County. whether reserved in this ordinance. or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond wi II affect any other right the County may have. Section 13. Security Fund. A. At the time of registration. the registrant shall file with the County Administrator or his designee, for his or her approval. a cash security. a bond. or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25.000.00). in a form acceptable to the County Administrator or a designee. which shall serve. and be referred to as the "security fund." For purposes of the bond and irrevocable letter of credit. the registrant must have as a surety a company qualified to do business in the State of Florida. The cash security. bond. or irrevocable letter of credit. shall be to secure the full and faithful performance by the registrant of all requirements. duties and obligations imposed upon registrant by the provisions of this ordinance, and to pay any taxes fees or liens. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessarv. and shall provide a continuing guarantee of the registrant's full and faithful performance at all times. Should the County draw upon the cash security, bond, or irrevocable letter of crel1¡¡ c& 'f shall rom tlh6tl¥C;êtl1ec;Tr'é"ysffiant and the re istrant shall within thirt 30 caren a the,B'å'sh se'J}rÜt.annuaiLbond or irrevocable letter of i'::":',::·L',<."".,/i>.:'r::>-";é-";":" credit to the full re uiried amóun he .'e~enf[a reo istrant failg to erfarm its duties and obligations imposed uporiliLt~~"{,;:'~9iS r~rifi byJLithe ~f¡'ovi~ions of thi~j; ordinance. there shall be recoverable. jointly and severally fram the principal and suretv of the bond. any damages or loss suffered by the County as a result, including the full amount of any compensatian or indemnification. plus a reasonable allowance for attorneys' fees. up to the full amount of the bond. The cash security. bond or letter of credit may be waived by the County Administrator where the County Administrator determines that the security fund is not necessary to secure the required performance under this ordinance. The County may from time to time increase the amount of the security fund to reflect the increased risks to the County and to the public. B. Additionally. the County upon thirty (30) days advance written notice clearly stating the amount and the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the securitv fund provided that the registrant has not reimbursed the County for such amount within the thirty (30) days notice period, Withdrawals may be made if the registrant: ill Fails to make any payment required to be made under any part of this ordinance. Nothing in this Section, however. shall create a limitation or prevent the County from immediately making a withdrawal for non-payment, from the securitv fund on the thirty-first (31st) calendar day after the submission of a bill to the Registrant. Struck tf1reu~f1 passages are deleted. Underlined passages are added, Page 22 of 26 ill Fails to pay any liens relating to the facilities that are due and unpaid. ill Fai Is to reimburse the County for any damages claims, costs or expenses that the County has been compelled to payor incur by reason of any action or non-performance by the registrant arising out of the construction, maintenance or operation of its Communications system or facilities; or ill Fails to comply with any provision of this ordinance. which failure the County determines can be remedied by an expenditure of an amount from the security fund. C. Within thirty (30) days after receipt of written notice from the County that any amount has been withdrawn from the security fund. the registrant shall restore the security fund to the amount specified in this ordinance. D. The rights reserved to the County with respect to the securitv fund are in addition to all other rights of the County, whether reserved by this ordinance or authorized by other law. and no action, proceeding or exercise of a right with respect to such security fund will affect any other right the County may have. Section 14. Enforcement Remedies A. In additio;~;'fòf'~~y d!,R!èrJ'[~medie~¡,availa~f~i¡'~t'ldW!;j'õf.;iéqÛity. or provided in this ordinance. the Countv mai,appíY¡i~nXijJe~7ir a c~~~ination,of;the follà~in9 remedies in the event a registrant violates this ordinanc~. or:iapplicableloëal law. or order related to use of the public rights-of-way: (('!:.", ".,)6" ", <0 '!~: ill Registrant's failure to comply with the provisions of this ordinance, or law applicable to users and/or occupants of the public rights-of-wav. may result in imposition of penalties to be paid by the registrant to the Countv in an amount of not less than One Hundred Dollars ($100.00) per day. or part thereof that the violation continues, ill A registrant's failure to obtain a permit before commencing work. except in caSes of an emergency, may result in imposition of penalties to be paid to the Countv in an amount of not less than One Thousand Dollars ($1.000.00) per day, or part thereof that the violation continues. ill In addition to or instead of any other remedy, the County may seek legal or equitable relief from any court of competent iurisdiction. B. Before imposing a fine pursuant to this Section. the County Administrator or a designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice. the registrant shall have thirty (30) days to either: Strud( tIW8~~~ passages are deleted. Underlined passages are added, Page 23 of 26 ill Cure the violation and the Countv Administrator or a designee shall make good faith reasonable efforts to assist in resolving the violation, or ill File an appeal in accordance with Section 7(P). If the violation is not cured within that thirty (30) dav period, and no appeal is filed, the Countv mav collect all fines owed, beginning with the first dav of the violation, either bv removing such amount from the securitv fund or through anv other means allowed bv law, C, In determining which remedy or remedies are appropriate, the Countv shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation the nature of the remedy required in order to prevent further violations and such other matters as the County determines are appropriate to the public interest. D. Failure of the Countv to enforce any requirements of this ordinance shall not constitute a waiver of the Countv's right to enforce that violation or subsequent violations of the sametvpe or to seek appropriate enforcement remedies, E. In anv proceeding before the County Commission wherein there exists an issue with respect to a registrant's performance of its obligations pursuant to this ordinance, the registrant shall be given the opportunitv to provide such information as it mav have concerning its compliance with the terms of the ordinance. ...~~..~. Countv Co.mmissi~~:~~yfi~~/a~egistrant that does not demonstrate com Iiance wit term.siand conditiOns of ithfs'ordit\¡iínce'inJêlefauIt and a I an one or combination of the reniédies he~tvise¡;;uthorit~dbv t~i~~ordinance'0f :/" . ". ,;:. F. The Couri+y.A~;~i ra Or ,;iÕ~' h¡~Yheri' designee ;,shall be responsible for "';·>;·N:~"cjW" ;<- administration and enforcement of this ordinance, and is authorized ta give any notice required by law. G, Nothing in this ordinance shall affect the remedies the registrant has available under applicable law. Section 15. Force Ma ieure In the event a registrant's performance of or compliance with any of the provisions of this ordinance is prevented by a cause or event not within the facility owner's control. such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however. that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this ordinance, causes or events not within a facility owners control shall include without limitations, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances sabotage, strikes and restraints imposed bv order of a governmental agency or court. Causes or events within registrant's control. and thus not falling within this Section, shall include without limitation, registrant's financial inability to perform or comply, economic hardship, Struck t"reU9" passages are deleted. Underlined passages are added. Page 24 of 26 and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers employees, contractors or agents. Section 16. Reservation of Rights A. The County reserves the right to amend this ordinance as it shall find necessary in the lawful exercise of its police powers. .!L This ordinance shall be applicable to all Communications facilities permitted to be placed in the public rights-of-way. on or after the effective date of this ordinance. and shall apply to all existing Communications facilities in the public rights-of-way prior to the effective date of this ordinance to the full extent permitted by state and federal law, Providers with existing lines and cables have one hundred twenty days (120) from the effective date of this ordinance to comply with the terms of this ordinance. or be in violation thereof. C. The County reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this ordinance. Registrant agrees to advise County of any such suits. Section 17. ReDealing of Conflicting Ordinances All ordinances or part of or,g,iè~,ances, and ~II res~l~tions ~~}p.art of resolutions in conflict herewith are hereby repealedt~ theext'ént of suchconflicf ',.:"J. Section 18. Applicability This Ordinance is not applicable to providers or facilities in the Rights of Way related to the provision or operation cable service, cable systems. open video systems or to towers and pole mounted antennas related to the provision of wireless service. All such facilities are sub iect to Chapter and Chapter of the Code of St. Lucie Countv. Section 19. Savings A II fees, charges and financial obligations previously accrued pursuant to any ordinances and resolutions repealed pursuant to Section 18 above, shall continue to be due and owing until paid. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St, Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. .stp~el, th'ð~!'l¡' passages are deleted, Underlined passages are added. Page 25 of 26 PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. After motion and PART G. Chairman Craft Vice Chairman Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande xxx xxx xxx xxx xxx PASSED AND DULY ENACTED this day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUcrE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Stru<1< thr,u9h passages are deleted. Underlined passages are added, Page 26 of 26 , , AGENDA REQUEST ITEM NO. 5C DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [xx] Leg. [ ] Quasi-JD [xx] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Public Hearing to consider the closing of a portion of Taylor Dairy Road Resolution No, 08-044 BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 18, 2007 - Board of County Commissioners approved Permission to Advertise the Public Hearing. January 8, 2008 - Board of County Commissioners continued the Public Hearing to January 22, 2008. RECOMMENDATION: Staff recommends that the Board approve Resolution No. 08-044, instruct staff to publish the final Notice and record Resolution No. 08-044, the Proof of Publication of the Notice of Public Hearing and the final Notice in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou as Anderson County Administrator !~ [xl County Attorney: ~..." ; [xl Originating Dept: J'" í!- Review and Approvals [ 1 Mosquito Control: lil \}I;- 1\iw . [x] County Engine¿ra-çr [x] Airport Director: (/¿/ / ~ [x] Road and Bridge: G:\ACQ\ WP\JoAnn\ROADS\ Taylor Dairy Road\Agenda Request Public Hearing2,wpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 22, 2008 SUBJECT: Public Hearing to consider the closing of a portion of Taylor Dairy Road Resolution No. 08-044 BACKGROUND: On January 8, 2008, the Board of County Commissioners voted unanimously (5-0) to continue this item to January 22, 2008 at 9:00 a.m. or as soon thereafter as practicable. The Property Acquisition Division received a request from the Airport Director to consider the closing of a portion of Taylor Dairy Road from 3794 Taylor Dairy Road North for approximately 1,500 feet as shown on the attached maps. The 2002 Airport Master Plan, approved by the Board in June 2002, recommended the construction of a new runway and parallel taxiway going across Taylor Dairy Road, among other reasons, to separate the new training runway from the St. Lucie Village to reduce noise on this community. In the 2004 Environmental Assessment for the new runway and taxiway, this same location for the runway was chosen as the preferred alternative because of fewer environmental impacts when compared to the other alternatives proposed. On January 16, 2007, a conditional use permit adjustment for the new runway project was approved by the Board of County Commissioners. In the staff review process that took place prior to this item going to the board, the issue of closing Taylor Dairy Road was brought up and addressed, At the time, it was stated that the plan was to close Taylor Dairy Road North and South of the runway and taxiway. Any property owners off Taylor Dairy Road would have to enter from either Indrio Road or St. Lucie Boulevard but there would no longer be a through road once the runway project was started. Growth Management at this same time was looking at alternatives to the widening Kings Highway and worked with the Airport consultants to determine if there was space for a possible re-routing of a two lane Taylor Dairy Road around the West end of the new runway given the FP&L power line and canal relocation required. Board approval was given in Apri I 24, 2007 for the Airport consultants to do a 60~o design of the Taylor Dairy Road connection to the entrance to the Airport West Commerce Park for a possible future connection from Taylor Dairy Road to Kings Highway. In this scope, which was coordinated with County Engineering, was a preliminary study of the possible re-routing of Taylor Dairy Road around the new runway and taxiway. At this point, there are no funds to do design or construction on the Taylor Dairy Road re-routing project. On July 3,2007, the major site plan application for the new runway and taxiway was approved by the Board, which included the runway and taxiway crossing and closing Taylor Dairy Road, In August 2007, the Taylor Dairy Road closure required to start the clearing process for the runway and taxiway was coordinated with County Engineering. Road Closed signs were posted on both North and South entrances to Taylor Dairy Road. While access to any private properties was still provided, the construction area for the runway and taxiway was closed with barricades in an attempt to prevent through traffic. As the construction progressed, it has been evident that the signs, barricades and contractors working in the area have not deterred motorists from using Taylor Dairy Road for through traffic. This has created a safety issue for the contractors working in the area and it has been recommended to protect the construction area with a fence so that equipment and workers can operate safely. While this was being coordinated with County staff, Airport staff was advised that separate Board approval of a resolution closing Taylor Dairy Road is required. On December 18,2007, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on January 8,2008. On December 21, 2007, letters were mailed to all property owners lying within 500 feet of the proposed closure area, and no objections were filed. On December 24, 2007, a Notice of Public Hearing was advertised in The Tribune (copy attached). RECOMMENDATION: Staff recommends that the Board approve Resolution No. 08-044, instruct staff to publish the final Notice and record Resolution No. 08-044, the Proof of Publication of the Notice of Public Hearing and the final Notice in the Public Records of St. Lucie County, Florida. Respectfully submitted, n ¡î /) . 1\ ,... > vL·v....Y'__ -t~_~ í j. Ann Riley Property Acquisition Manager G:\ACQ\WP\JoAnn\ROADS\ Taylor Dairy Road\Agenda Memo Public Hearing2,wpd NOTICE OF PUBLIC HEARING JANUARY 8, 2008 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, 336,09 and 336.10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11,10.01 et. seq., a public hearing will be held by the 51. Lucie County Board of County Commissioners. in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on January 8, 2008, at 9:00 A.M. or as soon thereafter as practicable, to consider the closing of a portion of Taylor Dairy Road between 51. Lucie Boulevard and Indrio Road, and renounce and disclaim any right of 51. Lucie County and the public in and to the lands lying within that portion of said public right-of-way in 51. Lucie County, Florida, as shown on the map below. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. r,"---.r.:. -~-'-----".' ;~driO-F¡d--------';'¡:· ~-"'4"---:""'---""---' ¡ i I ! , i 'j ,..".-...,,-'" ,.~_.,--,,-----,..-""'--"-'-. I ¡ i~,~~~}~c:tArel-1 ! I I í ¡ I ¡ ~i I :r:¡ ~I ,:;\ ¡ :.,:' ¡ ¡ . I ..,; a:i ~; 'ffi-, a¡ - 51 I 'S" ~. , I ! SI Lucie Blvd i i'~'~~2'î0:-':----i--------'---1 ~"E_.c...._______....__.._.,_.___.J BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ JOSEPH E. SMITH, CHAIRMAN PUBLISH DATE: December 24, 2007 · ~.L~7/~~;;,. IDlor Dairy Road Closure _ SubjectArea December 2007 Indrio Rd w$. s ~ ::£: U) C) c: 52 "'C a:: ~ -- as C ... o - ~ ~ - --....~._..._~_.._...,. ....-.---,..-..-", ______II.l.oD ~.__.__oncl_ ---..----,- ..._....__.Sl.L____"". ..~..',M___,.._~... ___o1_.2.Nft -...-..--.....-...--.. - ..-...-....--. St Lucie Blvd , 5r /.---~, GIS '""'-Ç,"~ December 2007 Taylor Dairy Road Closure :.; w<iJ s This instrument prepared by: JoAnn M. Riley, under the direction of Daniel S. McIntyre, County Attorney St, Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RESOLUTION NO. 08-044 DATE: January 22, 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE CLOSING OF A PORTION OF TAYLOR DAIRY ROAD BETWEEN ST. LUCIE BOULEVARD AND INDRIO ROAD, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10,01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights-of-way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. On December 18,2007, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on January 8,2008. 3. On December 21, 2007, letters were mailed to all property owners lying within 500 feet of the proposed closure area, and no objections were filed, 4. On December 24, 2007, a Notice of Public Hearing was advertised in The Tribune. 5, On January 8, 2008, the Board of County Commissioners continued the Public Hearing to January 22, 2008. 6, That based upon the presentations provided at the Public Hearing, and in accordance with the provisions of Section 336.09 and Section 336.10, Florida Statues, it is in the best interest of the public to close a portion of Taylor Dairy Road between St. Lucie Boulevard and Indrio Road as shown on the attached map. After motion and second, the vote on this Resolution was as follows: Chairman Joseph E. Smith xxx Vice Chairman Paula A. Lewis xxx Commissioner Doug Coward xxx Commissioner Chris Craft xxx Commissioner Charles Grande xxx PAssED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County. Florida, on this 22"" day of January, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY G:\ACQ\WP\JoAnn\ROADS\Toylor Doiry Rood\Resolution 08-044.wpd 2 · .' AGENDA REQUEST ITEM NO. (0 DATE: January 22,2008 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Florida Power & Light - St. Lucie Plant - Nuclear Uprate Project - Land Use and Zoning Consistency Determination BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board authorize the county Attorney to submit a determination that the FPL St. Lucie Uprate Project is consistent with the land use plans and zoning ordinances of St. Lucie County COMMISSION ACTION: L7E' Douglas Anderson County Administrator f'<] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: J:I/ í, <t Review and Approvals Management & Budget Purchasing: Originating Dept, Public Warks Dir: County Eng.: Finance: (Check for copy only. ìf applicable) 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.: 08-051 DATE: January 8, 2008 SUBJECT: Florida Power & Light - St. Lucie Plant - Nuclear Uprate Project - Land Use and Zoning Consistency Determination ************************************~444AAAAAAAAAAAAAAAAAA******************* BACKGROUND: Florida Power & Light C FPL") filed its application for site certification of FPL's Nuclear Uprate Project on December 13, 2007 under the Power Plant Siting Act CPPSA") for certification of the existing FPL St. Lucie Units 1 and 2 located on Hutchinson Island in St. Lucie County. The Uprate Project will increase the electrical output of each unit by approximately 100 megawatts. This increase in steam-electric generating capacity requires certification of the Project under the PPSA. Under the PPSA, the County is required to file a determination on the consistency of the FPL site with existing land use plans and zoning ordinances that were in effect on the date the application was filed (i.e. December 13, 2007). The County's determination is due on January 28, 2008. On November 21, 2007, Assistant Growth Management Director Robin D. Meyer wrote a letter to Pamela Rauch, Esquire, Managing Attorney for FPL, determining that the proposed FPL St. Lucie Units 1 and 2 Uprate Project is permitted as per the St. Lucie County Land Development Code and will not require any further approval by the County. A copy of Ms. Meyer's November 21 letter along with a letter dated January 3, 2008 from Douglas S. Roberts is attached to this memorandum. After the County issues its determination, FPL and FDEP will publish public notices of the County's land use and zoning consistency determination. Affected parties have 21 days to challenge that determination. ... RECOMMENDA TION/CONCLUSION: Staff recommends that the Board authorize the County Attorney to submit a determination that the FPL St. Lucie Uprate Project is consistent with the land USe plans and zoning ordinances of St. Lucie County. Resp-eCjfully submitted 1/ !/1;! ~- , . Daniel S. McInty; e countYAttorn~~ DSM/caf Attachments .. \ BOARD OF COUNTY COMMISSIONERS ... ~w '"''' ~..: . _ "--".~._ " ,;\... I . ~T. ~eté~~ . COUNTY flOftlDA ~ GROWTH MANAGEMENT November 21, 2007 Pamela M. Rauch Managing Attorney Florida Power and Light Re: FPL S1. Lucie Units 1 and 2 Uprate Project Dear Ms. Rauch: In response to your letter dated October 26, 2007, in which you requested that the COlmty confirm that St. Lucie Units I and 2 are considered existing. legally conforming conditional uses since they existed prior to the effective date of the St. Lucie Land Development Code and are otherwise permitted as conditional uses in the "Utilities" zoning district We have reviewed the County's code and history regarding this project and make the following findings; I. The S1. Lucie nuclear plant was started in the early 1970' s and completed in the 1980' s welJ before the adoption to the S1. Lucie Land Development Code. 2. The St. Lucie Land Development Code (LOC) was adopted on August I, 1990 including Section 11.07.05(0) Existing Conditional Uses. 3. Section 11.07.05(G) Existing Conditional Uses, states: "A legally conforming use that exits on the effective date of this Code and that is permitted as a conditional use in a zoning dislrict in Section 3.01.03 of this Code and that is shall not be deemed a nonconforming use in that district, but shall without further action be considered a confonning use. A use existing prior to its present classification by this Code as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms with the requirements of Section 11.07.05(E) and 3.01.oJ for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section ll.07.05(E)." ". JOSEPH E. SMITH, Dislricl No. I . DOUG COWARD, DlslTict No. 2. PAULA A. LEWIS, District No. 3. CHARLES GRANDE. District No, 4 . eHR IS CRAFT. Dislrict No. S County Administrator. Douglas M. Arld.non Weblllt.: www.co.al.lucie.ft.u8 2300 Virginia Avenue. Fort Plen:e. FL. 34982-5652 Administration: (772) 462·1590 Planning: (772) 462-2622 GIS/Mapping Services: (772) 462.2622 FAX: (772) 462-1561 EconomiC Development (772) 462·1550 FAX: (772) 462·1579 Tourist Development (772) 462.1535 1(800) 344-TGIF FAX: ('772) 462.2132 .. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS IN RE: FLORIDA POWER AND LIGHT ) COMPANY, ST. LUCIE UPRATE ) PROJECT POWER PLANT ) SITING APP. PA74-02 ) ) Case No. 07-005683EPP LAND USE AND ZONING DETERMINATION BY ST. LUCIE COUNTY FOR FLORIDA POWER & LIGHT'S ST. LUCIE UPRATE PROJECT Pursuant to Section 403.50665, Florida Statutes (F.S.), St. Lucie County, by and through its undersigned counsel, files the County's determination that the site for the proposed Florida Power & Light Co. (FPL) St. Lucie Uprate Project (Project) is consistent with the existing land use plans and zoning ordinances of St. Lucie County, Florida 1. On December 13, 2007, FPL filed its application for site certification for the Uprate Project under the Florida Power Plant Siting Act, Chapter 403, Part II, F.S. St. Lucie County has received a copy of the application. The Project site is located in the unincorporated area ofSt. Lucie County. 2. St. Lucie County has reviewed that application as it relates to the County's land use plans and zoning regulations, and is otherwise familiar with the Project and its site. 3. Pursuant to Section 403.50665(2), F.S., St. Lucie County is required to issue its determination on the consistency of the Project site with the existing land use plans and zoning ordinances of S1. Lucie County. S1. Lucie County hereby makes that determination. '" \ 4. The Project will be located on a site that IS designated "Transportation/Utilities" on the future land use map of the adopted St. Lucie County Comprehensive Plan. The proposed Project and its site are consistent with this future land use designation. The Project site is zoned "Utilities" under the County's zoning ordinances. Electrical power plants are allowed in this zoning district. Accordingly, St. Lucie County submits its determination that the FPL St. Lucie Uprate Project is consistent with the land use plans and zoning ordinances of St. Lucie County, Florida. Respectfully submitted this day of ,2008. St. Lucie County .. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by _ U.S. Mail, this _ day of , 2008 to: Toni L. Sturtevant, Esquire Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399-3000 Samantha Cibula, Esquire Public Service Commission 2450 Shumard Oak: Blvd. Tallahassee, FL 32399-0850 Kelly Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Emily Norton, Esquire Fish and Wildlife Conservation Comm. 620 S. Meridian Street Tallahassee, FL 32399-1600 Leon Biegalski, Esquire Asst. General Counsel Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, FL 32399-0450 Doug MacLaughlin, Esquire South Florida Water Management Distri ct 3301 Gun Club Road West Palm Beach, FL 33406 Roger Saberson, Esquire 70 SE 4th Avenue Delray Beach, FL 33483-4514 Michael Busha, Exec. Director Peter Merritt, Regional Ecologist Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Douglas S. Roberts Hopping Green & Sams PO Box 6526 Tallahassee, FL. 32314 Peter Cocotos, Esquire Florida Power & Light Co. Post Office Box 14000 Juno Beach, FL 33408 Cindy Mulkey Siting Coordination Office Florida Department of Environmental Protection 2600 Blairstone Rd. Tallahassee, FL. 32399 Attorney .. , , January 3. 2008 Dan McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34892 Re: Florida Power & Light St. Lucie Plant Nuclear Uprate Project Land Use and Zoning Consistency Determination Dear Dan: As we recently discussed by phone, this letter is to advise you of the land use and zoning determination to be issued by St. Lucie County for the FPL S1. Lucie Nuclear Uprate Project. FPL filed its application for site certification on December 13, 2007 under the Power Plant Siting Act (PPSA). Chapter 403, Part [I, Florida Statutes (F.S.) for certification of the existing FPL St. Lucie Units 1 and 2 located on Hutchinson Island in St. Lucie County. The Uprate Project will increase the electrical output of each unit by approximately 100 megawatts. This increase in steam-electric generating capacity requires certification of the Project under the PPSA. In 2006, the PPSA was amended in Section 403.50665, F.S. to provide that "each local government [in which a PPSA project is located] shall file a determination... on the consistency of the site [for a PPSA project] with existing land use plans and zoning ordinances that were in effect on the date the application was filed...." This local government land use and zoning determination is due within 45 days after the filing of the application. (The issuance of this . determination could be extended by up to 35 days if the local government requests additional information on land use and zoning consistency as part of its review of the Site Certification Application.) Under the schedule. which FOEP has proposed the deadline tor issuance of the land use determination by St. Lucie County for the FPL Uprate Project would be January 28. 2008. There is no specified form for this determination but a pleading of the type attached would be consistent with other recent similar filings. After St. Lucie County issues this determination, which is to be copied to the Administrative Law Judge and the parties to the proceeding (see the service list attached to the draft determination), FPL and FOEP will publish public notices of the County's land use and zoning consistency determination. This will be published one time in 51. Lucie County newspapers and in the Florida Administrative Weekly. Affected parties will have 21 days to challenge that determination. Section 403.50665(4), F.S. Hopping Green {-f Sams Attorneys and Gounselors .. Dan Mcintyre 1 anuary 3. 2008 Page 2 of 3 If a challenge is filed, a land use and zoning hearing is to oe held "as expeditiously as possible but no later than 30 days after receipt of the petition." Section 403 .508. F.S. This hearing would be held in 51. Lucie County. The sole issue at that hearing would be the consistency of the Project site with the land use plans and zoning ordinances of 51. Lucie County. The AU would preside at this hearing and enter a recommended order. That recommended order would then be considered by the Siting Board, comprised of the Governor and Cabinet. at a regular Cabinet meeting. If no petition challenging the County's land use determination is filed. then that issue would be deemed resolved for purposes of this proceeding. As part of preparing the Uprate Project application, FPL has recently consulted with the SI. Lucie County Growth Management Department concerning that Department's view as to the consistency of the Project site with local land use plans and zoning ordinances. (n the attached letter. the Growth Management Department has indicated that the Project site is consistent with the existing County future land use designation of ''Transportation Utilities" and the zoning designation fOf the Project site of "Utilities." This conclusion is consistent with the existing use of the site for those purposes. Further, the County's Growth Management Department determined that there was no requirement for a further review of the Project under the County's land use and zoning ordinances. We would note that the Project would still be reviewed under the County's land development code and other applicable ordinances for issues outside of the future land use element and map and zoning regulations as part of the PPSA site certification process. I wanted to follow up our conversation and provide you with this procedural outline of the land use determination process. Should you have any questions concerning this, please do not hesitate to call me and we can discuss it further. We look forward to working with St. Lucie County on this Project. 2::pJ)~ ~~~6s S. Roberts Attachments Hopping Green & Sams Attome~s and Counsp.lors STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS IN RE: FLORIDA POWER AND LIGHT ) COMPANY, ST. LUCIE UPRATE ) PROJECT POWER PLANT ) SITING APP. PA74-02 ) ) Case No. 07-005683EPP LAND USE AND ZONING DETERMINATION BY ST. LUCIE COUNTY FOR FLORIDA POWER & LIGHT'S ST. LUCIE UPRATE PROJECT Pursuant to Section 403.50665, Florida Statutes (F.S.), S1. Lucie County, by and through its undersigned counsel, files the County's detennination that the site for the proposed Florida Power & Light Co. (FPL) S1. Lucie Uprate Project (Project) is consistent with the existing land use plans and zoning ordinances of St. Lucie County, Florida 1. On December 13, 2007, FPL filed its application for site certification for the Uprate Project under the Florida Power Plant Siting Act, Chapter 403, Part II, F.S. S1. Lucie County has received a copy of the application, The Project site is located in the unincorporated area of S1. Lucie County. 2. S1. Lucie County has reviewed that application as it relates to the County's land use plans and zoning regulations, and is otherwise familiar with the Project and its site. 3. Pursuant to Section 403.50665(2), F.S., S1. Lucie County is required to issue its detennination 011 the consistency of the Project site with the existing land use plans and zoning ordinances of St. Lucie County. S1. Lucie County hereby makes that determination. 4. The Project will be located on a site that IS designated "Transportation/Utilities" on the future land use map of the adopted St. Lucie County Comprehensive Plan, The proposed Project and its site are consistent with this future' land use designation, The Project site is zoned "Utilities" under the County's zoning ordinances. Electrical power plants are allowed in this zoning district. Accordingly, St. Lucie County submits its dctennination that the FPL St. Lucie Uprate Project is consistent with the land use plans and zoning ordinances of St. Lucie County, Florida. Respectfully submitted this _ day of , 2008. St. Lucie County CERTlFICA TE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by _ U.S. Mail, this _ day of ,2008 to: Toni L. Sturtevant, Esquire Department uf Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399-3000 Samantha Cibula, Esquire Public Service Commission 2450 Shumard Oak Blvd. Tallahassee, FL 32399-0850 Kelly Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Emily Norton, Esquire Fish and Wildlife Conservation Comm. 620 S. Meridian Street Tallahassee, FL 32399- J 600 Leon Biegalski, Esquire Asst. General Counsel Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, FL 32399-0450 Doug MacLaughlin, Esquire South Florida Water Management District 3301 Gun Club Road Wcst Palm Beach, FL 33406 Roger Saberson, Esquire 70 SE 4th A venue Delray Beach, FL 33483-4514 Michael Busha, Exec. Director Peter Merritt, Regional Ecologist Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Douglas S. Roberts Hopping Green & Sams PO Box 6526 Tallahassee, FL. 323] 4 Peter Coeotos, Esquire Florida Power & Light Co. Post Office Box 14000 Juno Beach, FL 33408 Cindy Mulkey Siting Coordination Office Florida Department of Environmental Protection 2600 Blairstone Rd. Tallahassee, FL. 32399 Attorney 01/18/08 FZABWARR FUND 001 001167 0011 72 001180 001181 001183 001194 001195 001404 001405 001412 001419 001420 001421 001424 001425 001814 101 101001 101002 101003 101004 101006 102 102001 102804 105 107 107001 107002 107003 107006 107149 107152 107204 121 129 140 140133 140335 150 160 170 183 183001 183004 183006 184205 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 12-JAN-2008 TO 18-JAN-2008 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 CDBG Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery St Lucie Co Special Needs Shelt CTD Medicaid Non-Emrg Grant FY 07 FDCA-Construct County EOC TDC Planning Grant 07 Fl Commission for Transportation Di Dept of Financial Services My Safe FCT Heathcote Botanical Gardens/Par Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD Harmony Heights Stm Phase I Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology USDOJ - Edward Byrne JAG FY06 USDOJ SCAAP State Criminal Alien As FL Dept Juvenile Justice-DMC Civil Blakely Subdivision Fund Parks MSTU Fund Port & Airport Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P EXPENSES 779,801.26 5,115.58 777.74 6,527.95 208.00 3,732.36 1,894.92 1,361.97 55,913.25 4,027.50 1,518.00 730.18 183.67 32,656.50 900.53 15,626.00 3,207.58 30,191.26 7,112.69 70,104.19 74,293.35 29,169.84 242,999.89 74,674.91 46,744.43 2,195.51 1,394.43 125,094.79 1,582.59 13,772.91 2,223.09 15,653.81 37,308.00 12,089.33 2,594.33 86.09 28,465.90 55,397.13 6,853.31 360.70 11.22 6,578.62 22,472.93 5,043.16 460.00 4,014.56 1,477.40 958.80 PAGE 1 PAYROLL 30,466.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01/18/08 FZABWARR 10 184209 184211 185008 185009 189201 216 310002 310003 315 316 316001 317 318 401 418 451 458 461 471 478 479 491 5"') 001 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 12-JAN-2008 TO 18-JAN-2008 FUND SUMMARY TITLE FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration FHFA Hurricane Housing Recovery FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla County Capital I&S Impact Fees-Parks Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital County Capital-St Revenue Share Bnd County Capital-Transportation Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 4,318.90 6,893.58 0.00 935.60 6,671.60 1,202.00 55,491.00 126,864.19 46,086.75 207,182.06 849,080.99 165,222.19 320,857.16 278,922.68 32,116.52 14,584.49 542.10 53,787.64 10,958.72 708.13 824.43 45,701.68 404,375.80 919.00 792.75 95,474.91 4,566,077.03 PAGE 2 PAYROLL 0.00 0.00 1,305.36 0.00 1,305.36 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 4,906.42 0.00 0.00 0.00 37,983.66 01/18/08 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 12-JAN-2008 TO 18-JAN-2008 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 235,085.04 235,085.04 PAGE 1 PAYROLL 0.00 0.00 01/18/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #16- 12-JAN-2008 TO 18-JAN-2008 FUND SUMMARY- EROSION i ù TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 13,662.60 13,662.60 PAGE 1 PAYROLL 0.00 0.00 01/18/08 FZABWARR FUND: CHECK 09779454 09779455 001 ST. LUCIE COUNTY - BOARD VOID LIST~ 16- 12-JAN-2008 TO 18-JAN-2008 - General Fund INVOICE 12803698 12803699 VENDOR F1a Power & Light F1a Power & Light TOTAL 576.53 499.67 1,076.20 FUND TOTAL: PAGE 1 01/18/08 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 16- 12-JAN-2008 TO 18-JAN-2008 r 'D: 001419- FDCA-Construct County EOC I CHECK INVOICE VENDOR TOTAL 09780632 12807534 Draughn-Woloski, Linda 55.18 FUND TOTAL: 55.18 PAGE 2 # t AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Lawnwood Maintenance Complex Fort Pierce Utilities Authority 10' Utility Easement BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: ITEM NO. C2A DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Jo Ann Riley Property Acquisition Manager Staff recommends that the Board approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ~ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED [XX] County Attorney:L n J . [ [XX] Originating Dept.: )n\f.,. ~ [ Review and Approvals ] Environmental Resources: l Road & Bridge: Dougla Anderson County Administrator [ ] County Engineer: [XX] Parks & Recreation: Finance: (Check for Copy only, if applicable) Eff, 5/96 G:\ACQ\WP\JoAnn\Lawnwood Complex\FPUA Easement Agenda Request.wpd " INTER-OffICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Jo Ann Riley, Property Acquisition Manager DATE: January 22, 2008 SUBJECT: Lawnwood Maintenance Complex Fort Pierce Utilities Authority 10' Utility Easement BACKGROUND: On September 6, 2005, the Board of County Commissioners awarded Bid #05-092 (Lawnwood Maintenance Building) to AWM Construction, Inc. in the amount of $297,100.00, On October 23, 2007, the Board of County Commissioners approved Change Order #2 in the amount of $6,271.35 to reimburse A WM Construction for charges incurred from Fort Pierce Utilities Authority (FPUA) for "new" underground electric service to the site. In order for FPUA to install the required underground electrical service to the new Lawnwood Maintenance Building, FPUA requires a 10' Utility Easement. We have attached the Easement and the sketch and legal description for your review and approval. RECOMMENDATION: Staff recommends that the Board approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Q.~ KJ,t 'Jd Ann Riley Property Acquisition Manager G;\ACQ\WP\JoAnn\Lawnwood Complex\FPUA Easement Agenda Memo,wpd ;. RETURN TO Box 145 THIS INSTRUMENT PREPARED BY; EASEMENT PROPER1Y ApPRAISERS PARCEL ID (FoLIo) NUMBER(S): 'Ãr<ð'" rIte?1te.t 4 7~ 'P.e4eI:Ù, that the undersigned ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA lor and in consideration 01 the sum 01 One Dollar, to them in hand paid by the Fort Pierce Utilities Authority of the City of Fort Pierce, Florida (located at 206 South Sixth Street), a municipal corporation under the laws of the State of Florida, receipt whereof is hereby acknowledged, do hereby convey and grant fo the City of Fort Pierce, Floridal for the use and benefit of the Fort Pierce Utilities Authority, the privifege and easement for the installation maintenance, operation, repair. replacement or renewal of their mun;cipa/~owned electric, water, sewer and natural gas utilities, in, under, upon, along, over and across the following-described land in St. Lucie County, Flonda, to wit: See attached Utility Easement Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installatIOn, maintenance, operation, repair, repiacement or renewal of said utilities, Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reseNe the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whoie or in part. The GRANTEE will indemnify and save the GRANTOR hal7l1less from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, repiacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or othelWise, the obligations of the FPUA under this indemnificalion provision shall be limited in the same manner that would have applied if such obHgations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision. for a single claim or occurrence by anyone person, shall not exceed the sum of $100,000,00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200, 000. 00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. (~ Seat) 1.. ~ ~, the GRANTOR has caused these presents to be executed in its name. and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this 22'" day of January, 2008, Atk4: ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SIGNED, SEALED AND DELiVERED IN OUR PRESENCE AS WITNESSES: Witness S;gnature Joseph E. Smith, Chairman 2300 Virginia Avenue Fort Pierce, Florida 34982 Printed Witness Signature Witness Signature APPROVED AS TO FORM AND CORRECTNESS: Printed Witness Signature COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF ST, LUCIE I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Joseph E, Smith known to me to be the Chairman and Deputy Clerk, respectively, of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly bested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, that I relied upon the following form of identification of the above-named person: Florida Driver's License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Wtlness my hand and of/icial Seal In Ihe County and State last aforesaid this 22" day of January, A.D. 2008. Notary Signature Notary Printed Name G:\ACQ\WPUoAnn\FORMS\FPUA Easement.doc i' LEGAL DESCRIPTION BEING A 10.00 FOOT WIDE EASEMENT LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF - WA Y LINE OF SOUTH 23RD STREET (A 50 FOOT WIDE RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF QUINCY AVENUE (A 60 FOOT WIDE RIGHT-OF-WAY); THENCE N88'22'04"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, DISTANCE OF 1354.00 FEET TO THE POINT OF BEGINNING; THENCE S01'37'56"E A DISTANCE OF 34.09 FEET, THENCE S89'57'52"W A DISTANCE OF 78.95 FEET, THENCE S 00'04'10"E A DISTANCE OF 124.16 FEET TO THE POINT OF TERMINA TION. CONTAINS 0.054 ACRES, MORE OR LESS. '" ;< " .. " .¿, ~ '" ill ,;, 9 '" z ii' UJ UJ Z (õ Z UJ 1ii c .. E .. e n .5 ~ ü .. u. .. " c ,,_..- '_U"-".__.~="'=."",~,_,-.'=,,.,~_~, c_.~,..,,~._._ ,_^ C .. ë .. ::; l~a~ " () " o o ;< c ;< .. -' 0> '" '" ,;, o iñ o c¡ "e- 9- ie 12- .s-o/ Sheet 1 of 2 DESCRIPl10N OF UTILITY EASEMENT File: 05-559s&d ue.dwg Dote: 12-04- 2007 CULPEPPER & TERPENING, INC Prepored For FORT PIERCE UTlUTY AUTHORITY CONSULTING ENGINEERS I LÁND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 www.ct-eng.com STA'IE OF FLORlDA CERTIFICATION Nu. LB 4286 Tech: GLM .... '\ \ ) --- ( "'- "'- ¡¡' " ~ ~ " '" III "' "' J, 9 '-" z ¡¡: w w Z CO z ~ " E ~ § ~ ,¡ " u. i'! " ~ " ë ';¡; ::¡¡ POT = POINT OF "TERMINATION POB = POINT OF BEGINNING . ~ºC:..=~~Q1!!Lº!,Ç~º~MENC:~~IiT SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SUR\JEY 1\ / \ 1 ...../ t ;; 60 ~ GRAPHIC o .....I ( III PD'r) l_-lIOlL SCALE 30 I E-t ~I ~ NORTH RIGHT-Of-WAY UNE E-t>- r:n ~ _ Q UINCYv^' AVENUE § ~ (60.0' RIGHT-OF-WAY) POB Ki r': """" ::~:;'~::w"" 1354.00' ~ g POC þoI. 78.59' E-t ~ S89"57'52"W 01 r:n w z :¡ >- ~ .!. o ,.!. i3 æ ... '" ... w ''\ \.../ /' / '-.. . 0 .... 1.0 -=.t .... 0 ~ b ('. 0 .... en POT BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE SOUTH RIGHT-OF-WAY UNE OF QUINCY AVENUE HAVING A BEARING OF NBB·22'04"W Ii! õ. E o ü " o o ~ <= ~ .::l m "' "' J, 9 "' <0 ~ 'õ §; 0: SKETCH OF DESCRIPllON OF UTILITY EASEMENT File: 05-559s&d ue.dwg Date: 12-04-2007 Prepared Far FORT PIERCE UTlUTY AUlHORITY Tech: GLM 60 I -- -- - ) / /' Sheet 2 of 2 CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464~3537 FAX 772-464-9497 W'VlW.ct-eng.com STATE OF FLORIDA CERTIFICATION Ko. LB 42fì(Í AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS A V AILABLE: PREVIOUS ACTION: Revocable License Agreement 11309 South Indian River Drive John Quemars Naimi See Attached Memorandum N/A ITEM NO.C2B DATE: January 22,2008 REGULAR [ ] PUBLIC HEARING Leg, [] Quasi-JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. Naimi to record the document in the Public Records of S1. Lucie County, Florida. COMMISSION ACTION: ~ APPROVED [ ] OTHER Approved 5-0 ,)1 [x] County Attorney:~ [x] Originating Dept: Jd-- [ ] DENIED Review and Approvals [xl Road and Bridg.ç. ~ :- WiD [xl Engineering:-1ill¡--__ Dou as . Anderson County Administrator [xl Public WorkS:~' [ I Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 22, 2008 SUBJECT: Revocable License Agreement 11309 South Indian River Drive John Quemars Naimi BACKGROUND: Mr. Naimi owns property on the East and the West side of Indian River Drive. He wishes to install utilities to his dock on the East side of Indian River Drive. He is requesting permission with a Revocable License Agreement to install a utility conduit underneath Indian River Drive. A condition of the Revocable License Agreement is that if there is any washout or damage on the East side of the road caused by this installation, it will be the responsibility of the property owner to repair. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. Naimi to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, /: Jk 1\ .~ \. lA..1.Vl--LL.r C;:' I' \JpAnn Riley , Property Acquisition Manager SE WALTON RD . ... ---'-'''''''-'-'------', I .........__..___1 ._.__.-._....._-'--~-~.- , \ , \RIDGEPL .;;:::=="--~--=::..--,:.::;;:,=c.,=:::.:. i .. _~.-~~..... "--·-1- ~. v;~. . \\l" I II 'I' , I, Ii , . ; ¡ ¡ i' _JL_ ;(\\JI ,~.., \1ø \~ \::P., f'r v.... ~ \~ \0 ....."..-..:::..'fl This instrument prepared by: Janet LiCausi under the direction of Daniel S, McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and JOHN QUEMARS NAIMI f/k/a M. H. NAIMI, whose address is 11309 South Indian River Drive, Fort Pierce, FL 34982 ("Owner"). WHEREAS, the Owner owns the property described as follows: LOCA nON: 11309 SOUTH INDIAN RIVER DRIVE TAX J.D. 3532-503-0001-000/4 WHEREAS, the Owner desires to install a two (2) inch PYC conduit for water service under South Indian River Drive at a depth of36 inches, which will encroach the entire width of South Indian River Drive right-of-way. WHEREAS, the County is willing to pennitthe Owner to use South Indian River Drive right-of-way to install and maintain a utility crossing subject to the tenns and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of providing water (within a 2 inch PYC conduit pipe) to his dock lying on the East side of South Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit "A". The drilling must be performed by a licensed driller. The utility crossing will encroach the entire width of South Indian River Drive right-of-way. This license shall extend only to the above-referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this License Agreement is to allow the Owner a means of providing water between his property on the West side of South Indian River Drive and the dock on the East side of South Indian River Drive, 3. Pursuant to the tenns and conditions contained in this Agreement, the County authorizes the Owner to keep and maintain the linch PYC conduit pipe, which will contain water service under South Indian River Drive, to adequately provide utility service between his property on the West and East side of South Indian River Drive. Any washouts or damage on the sides ofthe road caused by this installation will be the responsibility of the applicant to repair. 4, The Owner is required to have a licensed driller install the uti I ity crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. S, This License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6, The County shall have the right, at the sole discretion of the County Engineer, to tenninate this Agreement with or without cause and require removal ofthe encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu oftennination, request that the Owner perform certain alterations to the utility service, (2 inch conduit pipe) to the dock lying on the East side of South Indian River Drive, at the Owner's sole expense. However, if such alteration is not perfonned to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications ofthe County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of South Indian River Drive by the County. 10. The utility service, 2 inch PVC conduit pipe containing water to the dock lying on the East side of South Indian River Drive, shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: John Quemars Naimi 11309 S, Indian River Drive Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms ofthis section, Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS: Wimess Witness STATE OF FLORIDA /l',' & COUNTY OF"ST. Lv",~*¡''Yi k~'7____ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~. r- . . ]. ,-/7".~ ;:/ .~. M.H. NAIMI .--j: If ¡.J /UA / ~7 1 ? A~ ,¡t:",-'/ /"/;; a ¿ ~, day of¿;6 .t- ' ~ (type of identification) and whsf)lid take an oath. .- lÎ f /."/ I/?I;; day of,/,:-",,,, A.¡ð , 07. / , ( /! '0 The foregoing instrument was acknowledged before me this ¡;:'" ..v--" -" //- /' /..../ '. L...- ¡/ ¿/-:"_" ......¡.-. 11.1~, p;j M,H. NAIML who produced WITNE~.~~ficial seal, this Notary Public Stat~ of FloriGf~ Commission #Dd38Q826 Mv Commi$S{on expires December 20, ~ N'otary Pubhc Stamp . ,. ,2007, by ,"1 , /' ¡ (' 0/ ! j ,..'--". I / // ,/1" / // /' -~ / . ./1 ,/ /7 / .. / .. / " - , / I ,,¡ iSi£TIaµi)'ê' of NoUn;y"Public '~f L' S, INDIAN R.J.\lER DRNE ^ ¡' \/ 1 ! ~ u 2'-0· X 2'-0" ACCESS DITCH (TYP,) f4'-O" -J. +(A') ~ 2"ØSCH,SOPVC ~';I = = = - - I WATER PIPE.---/ ~ I Z l + 2'-0· X 2'-0· ACCESS DITCH (TYP.) S, INDIAN RNER DRIVE (Ä\ SECTION , I '-------'/ EXHIBIT :: ., /\ ¡; "' :I .~' APPENDIX P-I RlGHT-OF-WA Y PERMIT FORM REVISED STANDARD COUNTY SPECIFICA TlONS ST, LUCIE COillo:TY ENGINEERING DIVISION 2300 VIRGINIA A VENUE. 2ND FLOOR. FT. PIERCE. FL 34982 (462-1707) The following information shall be provided by the applicant (type or print): -----. ' Name of Applicant " . G /I /) ß Æ 11/1/ Mailing Address ¡ J '-1 ,'7 ,( S· /.IV ,),,A- j pr. S¡·L-uC;'C. ¡-::¿. Name of Applicant responsible tor Utility after installation Ultimate owner does not take possession until acceptance of work. Name of Contractor D IICH b ,"G" el-) Phone No. 772 ~ '-1(;. / - 1) ¿'5"'· Contractor's License Number R U II il ~ (, ~ 'i ,;) Contractor's Field Contact Name Contractor is responsible for al( conditions of this permit until ultimate owner takes possession of utility. Phone No. ç" / R,'./ el"" ¡) II... J 'f (I ð 2- (1 v'> -'-.r;'/ -¿...ð 1-),)" ð Phone No. Permitee representative responsible for notiiYing St. Lucie County 24 hours prior to work hl..,¡ " ....J tce- Phone No. '3'0 5- '17' 7 <I- S S As th:7Applicant,weJ.equest pern:ission to construct, op.erate and maint~in. If" d' Tel?. 1'·:L..:c- 7 c -y' ~'i " '(y i¡f'3J-~?6 ¿/~, c.).C {; [' I",,· r¡ /;J..o, I r v ,v'~/";;I t ,,7 c. "<",,' '"/ c:: V) 0 :r .:;; 'f- 0 rf:~; L "'c' ,..- hi (drainage) (utility) installation (s) (hereinafter to as "Installation") on road drainage, or combination drainage/utility, rights-of-way or easements deeded to or maintained by St. Lucie County, or dedicated to the public in the unincorporated areas of St. Lucie County, (hereinafter referred to as "County rights-of-way" known as The proposed installation is shown on the attached sketch(s) on 8 Yz" x 14" or smaller paper, which reflects its located and character and details the aspects of same that will disturb County maintained improvements (hereinafter referred to as "Improvements"). We shall commence actual construction of the permitted installation within} C days of permit issuance and complete same within i ¡ 0 days thereof. Special conditions involved with this installation are as follows: ALL RIGHT-OF-WAY WILL BE SODDED UNLESS NOTED OTHERWISE Our proceedings with installation of work covered by this permit indicted our agreement to comply with the "Conditions of Right-of-Way Permit" and other provisions stipulated herein by the County. '~If¡iJ' .~~ /',vJ ;- Applicant By: L Ô-, ,-'/' lC~):M/l Title: 0 t,>J r/-e../L Date:O J tj{ }, '1/01 THE FOLLOWING TO BE COMPLETED BY THE COUNTY: Improvements are planned or in process on aforestated rights-of-way Proposed installation is in accordance with Revised Standard County Specifications . yes . no . yes . no Reviewed by Road & Bridge Manager Date The aforestated installation construction is hereby permitted under the following provisions: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA by County Engineer - Enforcing Official By See reverse side for "Conditions of Right-of-Way Permit." Date: Permit No. (,)1-{'1 I Page 1 00 Revised 4/4/03 . '...,,-- ': - ~ ,;, ::~;;i IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA INRE: PETITION FOR NAME CASE NO. 06 DR 2345 / ~ ë5 .~ <::) GIi , -I- .' "-Ill _,'''r:~:m ~e: ~:~~~~ ;:;:'0'i o=i3~ ~8.\-:r1 ---_;;8 :S~ ~·f;Pi.~. ='}~=* CHANGE OF ~. c::> c:::> cro ~ C'> MOHAMMAD HOSSEIN NAIMI, Petitioner. FINAL .ruDGMENT OF CHANGE OF NAME OF AN ADULT This cause came before the Court on Thursday, the lOÙI day of August 2006, for hearing on the Sworn / Affirmed Petition forName Change (Adult) under section 68.07, Borida Statutes, and it appearing to the Court that: 1. Petitioner is a bona fide resident of 8t Lucie County, Florida; 2. Petitioner's request is not for any ulterior or illegal purpose; and 3. granting this petition will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise; it is HEREBY ORDERED AND ADJUDGED that Petitioner's present name, Mohammad Hossein Naimi is changed to JOHN QUEMARS NAIMI, by which Petitioner shall hereafter be known. 0 DONE AND ORDERED in Court in Fort Pierce, ~t~~0county, Florida on this lOÙI day of August, 2006. DJ-B THE HONORABLE BARBARA BRONIS Circuit Judge Copies Furnished: Howard Poznanski, Esquire, 4800 North Federal Highway, Suite 208A, Boca Raton, Borida 33431 ' John Quemars Naimi, 11309 South Indian River Drive, Port S1. Lucie, Florida 34982 'S~ ~ ¡-.\ '~~\\.:"-Ui ë,\"--.~\·LL~'-- ':5\'ì4lU,-S; þ AGENDA REQUEST ITEM NO. C2C DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Utility Easement Florida Power and Light County Property known as Waveland Beach Mr. & Mrs. Wampler BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Florida Power and Light Utility Easement on condition that the Utilities be placed underground, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Basement in the Public Records of St. Lucie County, Florida. ~ APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved 5-0 Dou as M. Anderson County Administrator Zi/ [x] County Attorney: }/ Review and Approvals [ ] Road and Bridge: ~\' I"'~ [x] Engineering: ¡If \i r [,j P"M, w,,~~ ' [x] Park & Rec.: " [x] Originating Dept: J;,\ll PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 22, 2008 SUBJECT: Utility Easement Florida Power and Light County Property known as Wave land Beach Mr. & Mrs. Wampler BACKGROUND: Mr. & Mrs, Wampler own property that is surrounded by County owned property known as Wave land Beach. Mr. & Mrs. Wampler have a 20 ft. Final Judgment Easement that grants them an Easement across Wave land Beach property for ingress/egress and "placement of utilities to enable them to reasonably utilize their lands for dwelling purposes." Florida Power and Light will not provide power to Mr. & Mrs. Wampler's residence unless they have a specific easement from the County dedicating a 20 ft, Utility Easement over Wave land Beach to Mr. & Mrs. Wampler's property. Parks and Recreation has visited the site and advised it should not have any negative affect on the County property but would like to have the new electric utilities placed underground. RECOMMENDA nON: Staff recommends that the Board approve the Florida Power and Light Uti lity Easement. on condition that the Utilities be placed underground, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, (\" ---,j.,j "...-t~ Cw.",-, f,.I,-X~-\.Ar ( J ¡ JoiAnn Ri ley . Property Acquisition Manager WAVELAND BEACH Wampler PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Parks and Recreation Director CC: Dan McIntyre, County Attorney FROM: Janet liCausi, Property Acquisition DATE: January 2, 2008 SUBJECT: Mr. & Mrs. Wampler Wave land Beach Florida Power and Light Electric Utility Easement I previously sent an easement request from FPL crossing Waveland Beach to Mr. & Mrs Wampler's property. Your department signed off approving the FPL easement. Mr. McIntyre is asking if the easement will have any affect on the use of our beach property. I also had a response from Ron Harris who thought we might ask to have the electric put under ground. Please let me know if you feel this will have any negative affect on the beach property and if we should request the electric be put under ground instead of power poles. OCT -25-2007(THU) 15 3d Christopher J, Twohey. P. R. (FAX1772 221 801 d P 003/005 3~¡,ï;~1:\1';¥?~~~~:fj;1;~.f;è~~:t¥s;:,:: :.~. :::;!~li~"';' M_. :. 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Ba..th 1.1... ~f ~ho " X AII.n teaet. thanoa r..n ...t IlQft9 tho ioU!:h bound.r¡ Ull'! ..t tho Alt.. laNl. u tile .nor. of tnclhn !Ii""r, th4n.:. ~un Southoorly ...an4or1nl¡ tho .11<1... of tho ..1d I.d!." .ivor to ",,- Ko~~.e Cð~r of t~ ~ D Jon.. e.:."" ~r undo t""n.,. n&n SUe: on t"" Iloñ;h U"" or BOld t. ) .'gn... lAnd. m l:ho .hor. o~ tlla Atlantic Oceon, than.,. :wi fIorth.rl'l ....nd.r1"'J thoo .1><lr. or ~M At.l.an,tic Oc:IlI.n, 1:0 U'IIIl plfta. at Þe9J.nninlt f ""d ""'ntAihing 14 ocr.. of land. 1:>01 11: ""'". or l>a 1t ¡..... ~c.Ptin9 tho rl~t gr .'Y fOé '_1.tl.n~ publlc: rood. Exeoptin\l tho ~L..ht .1 ""'1 for "'i.Hnfil publl.o (,,>.;¡. Tcq_tt'lllt' ~.>..th all littoral And rlþ'nL." r1qhtli th."t"... unto ;"Ii>~rt..1n.1nq. 2. .,.".. ,,""e""n~ IkAlt be to!' -tho. 'b4nflrtt. o~ the \'ll\¡'llt::.ltr 'H'tJ \11; -\- , "' ".nn bl~l)( tJi,JIJ r,Gl 817 OCT-25-200HTHU) 15: 35 ChrIstopher J, T~ohey, P R. (FRX)772 2JI 80ld ,~.~:;j::.:¿;:l¡iZ:'¡J:~~::i;;¡:Z:·i~t~œ.:.ii;::~~~~~'Z·}';;:·~~i·~;,,:::i¡¿;~,:·;; . . .f'" P 00.1/005 -1' u IIIMaquen!: _ta of 1'1aint1~t·.. lan40 AN1 tor Dr -.n4 Hr. ~ II: CIIr1:1a and Mr. ""boon cur..i-, ........r. or ~hoe 50' ~ JOo' par~.l ~41.~.lY swtll ..~ P101ntUf'. 1",.18 þ..d all .o;baaqll<lo"t corne". o( .aid 1100<18. ~. m. ...._Tlt .ban .nabla· Pldntift _ca.. 1:0 ld.. ],ulll' and. FO'rid. fot t:hoe pl..:!a...n\: o~ llUUtJ... l;.g anabl.. ndlltitt to ..............ly vtl11..... lú.. l.nd.. tor 4..11i~~ ~~.q.. "'""":' ... 1'1\00 a._nt: .11.11 ~ tHl¡lOnE'l' aM .hall. .1Ci,.e fo.. .., 1".", III t.1\. na1ndH'. land. a,.. .bl41 ~o he _""- f.,.. ðwallJ.1l'l p_n_. ~ 5. Un at elM ._nt ¡,y. ì'lllintitt 11 CIlÞd1U<Jl1lld. llpOn pa~nt. 10a W" ~t.lld.nta of a ._ I:G be datamlNld. lotat by, ~. 'Court for "llh1eh P\orPOH tha c;curt .h"l1 rot,,!n jurhdl.""J.on. sw:h po,-.t alla11. 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'''t.\ (~I !" p,l ~ ,~,.~ " ~:.~I:~. :::,OY'&*,,- a,~39G feel 818 Prepared by: Lisa G Quarrie, Esquire Florida Power & Light Company 700 Universe Boulevard LA WIJB Juno Beach, Florida 33408 Section: II Twp: 3 7S,Rge41 E Parcel ID: 4511-110-0001-00016 Return to: Mark Bonnoront EASEMENT The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns ("FPL"), an easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement ~ feet in width described as follows: See Exhibit "A" attached hereto ("Easement Area") Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instnrrnent on_ day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: By: By: Grantor Stanley N. Wampler 624 St. Lucie Cres #408 Stuart, F1. 34994 Witness Print Name: Address: By: Witness Grantor Print Name: Lucille H. Wampler Address: 624 St. Lucie Cres #408 Stuart, Fl. 34994 ACKNOWLEDGMENT STATE OF FLORIDA ) )ss: ) COUNTY OF On this _ day of , 2008 before me, the undersigned notary public, personally appeared and , personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he/she/they executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Name (Print): Commission No.: My Commission Expires: "U~ ~m z§ p-( "'cn ....- g~ z " I¡l; r! ~ '<I\.S ~ ()'<IO~ .....'<1 :'<I?> '<1.....\ 3\.S I }..Î~ I Ñ'/~ I I I l- 4Ø I N =Eo 0 "Ur;;¡ I :::0 \ N Uz 0 .....¡~ yJrTJ l> Z 0 :::0-1 0 0 ..>. ", :::0 \J ~r "'0 ~ Ul CD 0 -4 Ul CD » ~Ul U)~ < ~ 01-1 ;-I~ ", -f>..þ. r e r(J) » "Z e'" Z :::! l>¡:;j 0° 0 r ø-< --4 -4 ",- fTl 0 CD -< ~~ OZ rrt » fTl (0» 9..... ° þ. 0lS: :r (J) 0-0 fTl r " s: (J)r1 Þ. ", ;-1:::0 :::0 Z r" ^ -I e» \ 0:::0 -0 fTl", or 0 C Z -I -< 4 ± Ul Ul Z o 4 Þ. Ul C :;0 ~ -< -u :u l1J ~ Q ~ » 0-1 Or rr¡l> »2 Z-l o § i!~ I flU II. .IVOR'THSTAH ~ ~ GE0\£4T1CS I mfl . . I - -==.S::- H' £ASrJItÐff fiN STAMLr VAI#'f.DI> -¡l Legal Description For Mr. Stanley N. Wampler Access and Utility Easement A 20 foot wide access and utility easement lying in Government Lot 1, Section 11, Township 37 South, Range 41 East, St. Lucie County, Florida, said easement extending from State Road A-l·A to the West line of that parcel ofland as described in Official Record Book 454, Page 1960 of the Public Records of 8t. Lucie County, said easement being more particularly described as follows: For a Point of Beginning, commence at the Northwest comer of that parcel of land as descnòed in Official Record Book 454, Page 1960 of the Public Records ofSt Lucie County, Florida; thence Westerly along the Westerly extension of the North line of said parcel described in Official Record Book 454, Page 1960, to the Easterly right-of-way line of State Road A-I-A; thence southeasterly along said Easterly right-of-way line to an intersection with a line lying 20.00 feet South of and parallel with the Westerly extension of the North line of said parcel of land described in Official Record Book 454, Page 1960; thence Easterly along said line to the West line of said parcel as described in Official Record Book 454, Page 1960 of the Public Records of St Lucie County, Florida; thence Northerly along the West line of said parcel as described in Official Record Book 454, Page 1960 to the Point of Beginning. fQ ¡Ir ~~ ¡.. ~ II f ~ 1- c I l!r ÐIJ'ÐIi!7ff flR STANlI:r ~ IJI~i - I ~ ~ ~ I llllillJ lllNORTHSTAR _ GEO\M77CS ~TÞI/TJJaClUP11lII ~_mf sn.wrr.~~ (7l'2).........(712I'7IIl....:I,ø utl!WlO......... lIO. 7217 .... <I AGENDA REOL"EST ITEM NO. C.2.]) Date: January 22, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Decommissioning Wells at St. Lucie County International Airport - Second Amendment to May 1, 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. BACKGROUND: See C.A. No. 08-014 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends the Board of County Commissioners approve the proposed Second Amendment to the Agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment. COMMISSION ACTION: Douglas M. Anderson County Administrator [-1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 ... County Attorney: g ~ Á--;::'·' Coo rdination/Shma tures MgL & Budget: Purchasing: -- 1< Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): .. " INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-014 DATE: January 4,2008 SUBJECT: Decommissioning Wells at St. Lucie County International Airport - Second Amendment to May 1, 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. BACKGROUND: On May 1, 2007, the County entered into an Agreement with Treasure Coast Resource Conservation and Development Council, Inc. to decommission twelve (12) Florida aquifer wells at the St. Lucie County International Airport. The agreement was subsequently amended to add two additional wells to the project. The Agreement provided for the work to be completed on or before September 30, 2007. The Council recently submitted its invoice for the project which indicated the work was completed on October 28, 2007. Therefore, it is necessary to further amend the Agreement to extend the time for completion of the work to that date. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Second Amendment to the Agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director Management and Budget Director -' , SECOND AMENDMENT TO MAY 1,2007 AGREEMENT THIS SECOND AMENDMENT made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and the TREASURE COAST RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC., a Florida not for profit corporation, (the "Council"). WHEREAS, the County owns and operates the St. Lucie County International Airport (the "Airport"); and, WHEREAS, the Council has funds available for the decommissioning of Floridan aquifer wells in St. Lucie County; and, WHEREAS, on May 1, 2007, the parties entered into an Agreement to decommission twelve (12) Floridan aquifer wells at the Airport; and, WHEREAS, on November 27,2007, the parties entered into a First Amendment to the Agreement to add two (2) additional wells to the project; and, WHEREAS, it is necessary to further amend the Agreement to retroactively extend the time for completion of the project to October 28,2007. NOW, THEREFORE, the County and the Council hereby agree and covenant on the terms and conditions hereinafter stated: 1. Paragraph 4, TERM; TERMINATION, is hereby amended to read as follows: 4. TERM; TERMINATION. The term of this Agreement shall begin on the date first written above and shall continue through and including September 30, 2008, unless otherwise terminated as herein provided. This Agreement may be terminated by the mutual written agreement of the parties. In the event any work has been performed prior to the effective date of termination, the County shall reimburse the Council for such work within thirty (30) days of the date of termination. 2. All other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials. 1 ATTEST: Deputy Clerk ATTEST: Secretary g:\atty\agreemnt\interloc\2a ai rport wells. doc ... ... BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TREASURE COAST RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC. BY: President (Seal) 2 ... - , " AGENDA REOUEST ITEM NO. C-2E DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIITED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-052 - Urging the United States Congress to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards; to expedite funding for the improvements through prompt enactment of the Energy and Water Appropriations Bill or some other mechanism; and requesting other local governments to enact resolutions supporting these requests. BACKGROUND: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 08-052 as drafted. COMMISSION ACTION: Douglas Anderson County Administrator þ(] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: J/ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff, S/96 ". ~ RESOLUTION NO. 08-052 A RESOLUTION URGING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS; TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF THE ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM; AND REQUESTING OTHER LOCAL GOVERNMENTS TO ENACT RESOLUTIONS SUPPORTING THESE REQUESTS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Lake Okeechobee was impacted by four hurricanes during the 2004 and 2005 hurricane season. 2. Subsequently, at the request of local community leaders, the Governing Board of the South Florida Water Management District commissioned an independent, expert review panel to evaluate all u.s. Army Corps of Engineers documents concerning the structural integrity of the l40-mile long Herbert Hoover Dike surrounding Lake Okeechobee. 3. The report found that the dike does not meet current levee protection safety standards, and failure of the dike poses a clear and imminent threat of catastrophic proportion to the communities surrounding Lake Okeechobee. 4. The dike was not built to current levee engineering standards and therefore, needs expedited Congressional appropriations to be brought into compliance with such standards. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby urge the Congress of the United States to appropriate funds necessary to bring the Herbert Hoover .... . Dike into compliance with current levee protection safety standards and to expedite funding for the improvements through prompt enactment of the Energy and Water Appropriations Bill or some other mechanism. 2. This Board does hereby encourage other South Florida local governments to enact resolutions supporting the actions requested herein. 3. The County Administrator is hereby directed to forward a copy of this resolution to the South Florida Water Management District and the Director of the Florida Association of Counties, to distribute as they deem appropriate. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith xx Vice-Chairman Paula A. Lewis xx Commissioner Doug Coward xx Commissioner Charles Grande xx Commissioner Chris Craft xx PASSED AND DULY ADOPTED this 2200 day of January, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY I~Q(t~ (\ (bWi~ City ofSanibel 800 Dunlop Road Sanibe!, Flonda 33957-4096 www.mysanibel.com AREA CODE - 239 CITY COUNCIL ADMINISTRATIVE 472-4135 472-3700 BUILDING 472-4555 EMERGENCYMANAGEME~T 472-3III FINANCE 472-9615 LEGAl. 172-4359 NATURAL RESOURC¡;S 472-3700 PARKS & RECREATION 472-9075 PLANNING 472-4136 POUCE 472-3111 PUBliC WORKS 472-6397 Recycled paper 'V~- ~ ~ L;~íl/)/(..A!ea50 ,/ / ~ .., - U /íRfÚo. h;ý & 1»'1)7 ().,9~·~vI/ G ¥esÙ/LJ/ VK l3¡Jêé /¡)uh'n:r. (j5C- I November 20,2007 ì, :.I/-t¡~¿;? rN!t» /v04ì ~!cy~ Dear Federal, State and Local Official: ~ Enclosed please find Resolution 07-151 adopted unanimously by Sanibel City Council on Tuesday, November 06, 2007. As you can see we are requesting congressional appropriations for the funding of repairs and rehabilitation of the Herbert Hoover Dike. Lake Okeechobee's importance to the entire region as a water source makes its management critical for South and Southeast Florida water supply planning for the foreseeable future. We are encouraging each jurisdiction to adopt a similar resolution as we go forward to protect our water quality. Ic'1 JÞ' 1\\,,1 / plJ I JlI~S1 77" ó r' v7 It t' vJ~. U'''ý tf po ;/' };r Cc: v, S. Senator Mel Martinez V, S. Senator Bill Nelson V. S. Representative Connie Mack, III Governor Charlie Crist Lieutenant Governor Jeff Kottkarnp Senator Burt Saunders Senator Dave Aronberg Representative Gary Aubuchon Representative Trudi Williams Representative Bryan Nelson Representative Richard Macheck Assistant Secretary of the Army John Paul Wooley General R.L. VanAntwerp, Chief of Engineers Brigadier General Joseph Schroedel, Commander, South Atlantic Division V,S, Army Corps of Engineers Lee County Board of Commissioners Charlotte County Board of Commissioners Hendry County Board of Commissioners Glades County Board of Commissioners City of Bonita Springs Council City of Cape Coral Council City of Fort Myers Council Town of Fort Myers Beach Commission South Florida Water Manager District Board members Carol Wehe1e, Executive Director SFWMD Charlotte Harbor Estuary Committee Northern Everglades Committee St. Lucie District Legislators Rae Ann Wessell h~ \ ~l co. ADMIN. OFFICE · Mary Rawls Erick Lindbland City of Port St. Lucie Council Mr. Donald Cooper, Port St. Lucie City Manager Martin County Board of Commissioners Duncan Ballantyne, Martin County Adminstrator Town of Jupiter Beach Council Andrew Lukasik, Jupiter Beach Town Manager St. Lucie Board of Commissioners Douglas Anderson, St. Lucie County Manager Town of Juno Beach Council Jeffrey N aftal, Juno Beach Town Manager Wendell Taylor, Glades County Manager Gary Price, Bonita Springs City Manager Terrance Stewart, Cape Coral City Manager Tony Shoemaker, Interim City of Fort Myers Manager Gary Parker, Fort Myers Beach Town Manager D. Wayne O'Neal, Hendry C'Álunty Manager Jim Mudd, Collier County Manager Bruce Loucks, Charlotte County Manager Don Stilwell, Lee County Manager Town of Sewell Point Council Robert Kellogg, Town of Sewall's Point Manager Village of Tequesta Council Michael Couzzo, Village of Tequesta Manager Palm Beach County Board of Commissioners Robert Weisman, Palm Beach County Manager Florida League of Cities Board of Directors CITY OF SANIBEL RESOLUTION 07-151 A RESOLUTION OF THE CITY OF SANIBEL IN SUPPORT OF CONGRESSIONAL APPROPRIATIONS FOR THE FUNDING OF THE REPAIRS AND REHABILITATION OF THE HERBERT HOOVER DIKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sanibel City Council IS committed to the protection and restoration of its water resources; and WHEREAS, Sanibel's surrounding estuaries and waterways receive discharges from Lake Okeechobee when water levels are high, usually for the stated purpose of protecting the integrity of the Herbert Hoover Dike; and WHEREAS, Lake Okeechobee's importance to the entire region as a water source makes its management at seasonal high levels critical for South and Southeast Florida water supply planning for the foreseeable future; and WHEREAS, the heightened levels increase risk to the integrity of the Herbert Hoover Dike; and WHEREAS, Lake Okeechobee was impacted by four hurricanes during the 2004 and 2005 hurricane season; and WHEREAS, common engineering standards for levees include the consideration of the location and construction of spillways that reduce the risk of breach, and reduce the threat of damage and loss oflife to the greatest number of persons; and WHEREAS, the Plan for the Herbert Hoover Dike repair and rehabilitation describes the perimeter of the Lake as broken up into eight parts (known as "Reaches") for planning and repair prioritization; and WHEREAS, the priority of the Corps and District is to pursue immediate repairs for Reach 1 (Port Myakka to Belle Glade) and then Reaches 2 (Moore Haven to Clewiston) and 3 (Clewiston to Belle Glade). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanibel, Florida: SECTION 1. The City of Sanibel hereby requests the Congress of the United States to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards and to expedite funding for the improvements through prompt enactment of the Energy and Water Appropriations Bill or some other mechanism. Res. 07-151 SECTION 2. The City of Sanibel hereby requests that the rehabilitation and repair of the additional Reaches of the Lake Okeechobee Rehabilitation and Repair Plan, specifically Reaches 2 and 3, include consideration of one or more southern spillways, with associated flowways that would (1) accommodate the diversion of rapidly rising Lake waters to the south and away from populated areas, (2) divert water to and through the water conservation areas and to areas that would threaten the fewest people, and (3) preclude or severely limit any flows to the west coast and east coast estuaries. SECTION 3. The City of Sanibel recognizes that it can only achieve its Clean Water Act obligations if seasonal high water discharges from Lake Okeechobee are reduced to levels manageable for water quality purposes, and the City supports this and other efforts that bring about such reductions. SECTION 4. Copies of this Resolution shall be sent to the South Florida Water Management District, and the U.S. Army Corps of Engineers to distribute as they deem appropriate, to members of the 10 County Coalition, Southwest Florida League of Cities, and to Lee County's Congressional Delegation. SECTION 5. Effective Date. This Resolution shall take effect immediately upon adoption. DULY PASSED AND ENACTED by the City Council of the City of Sanibel, Florida, this 6th day of November, 2007. APPROVED AS TO FORM: Kenneth B. Cuyler, C' /tPAoÆ7 DÍte / Vote of Council Members: Denham Johnston Jennings Pappas Ruane Aye Aye Aye Ay"" l!.y"" .';...r. D!-te filed with City Clerk: N~vember 6, 2007 Res. 07-151 ... " AGENDA REQUEST ITEM NO. C-3A DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: éf..... Beth Ryder, Director ($ SUBJECT: BACKGROUND: FUNDS AVAIL PREVIOUS ACTION: Approval for the Health Department to purchase two (2) vehicles for $28,368.00 (Two (2) 2008 Ford Escape (U02) small size 4-door utility vehicles) with funds from the allocation approved by the Board for FY08 budget. The vehicles will be purchased off the Florida Sheriff's AssociationState Contract. The Health Department's current amended contract between the County and the State was approved September 25, 2007 for the amount of $20,454,445 with $1,071,980 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department. This request will decrease to $1,043,612 the amount from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department. The $28,368 difference will be used to purchase two (2) vehicles (and tags) to provide transportation for Health Department employees to reduce the cost of employee travel and to be used in hurricane response and will be titled in the County's name. Attached is a letter from the Health Department clarifying thisrequest. FY08-001-621 0-564000-600 (St. Lucie County Health Department- Mach & Equip) FY08-001-6420-549300-600 (St Lucie County Health Department- Licenses & Fees) The Board approved the original contract and County's allocation of $1 ,071 ,980 in the FY08 budget. RECOMMENDATION: Staff recommends approval to use $28,368.00 of the $1,071,980 approved budget allocation to purchase two (2) vehicles and tags and authorization for the Chairman to sign all pertinent documents necessary. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou as M. Anderson County Administrator Coord i nati on/Sia natures Management & BUdget_llf, \ l~ '.....' ., Other: ..' Purchasing: _X \ ~C' ~ County Attorney:] "'" r 06'f"I Originating Department: Finance: Other: Check for copy only, if applicable ~ . .. COMMUNITY SERVICES MEMORANDUM #08-63 TO: Board of County Commissioners FROM: Beth Ryder, Director &> ð- SUBJECT: Approval for the Health Department to purchase two (2) vehicles for $28,368.00 (Two (2) 2008 Ford Escape (U02) small size 4-door utility vehicles) with funds from the allocation approved by the Board for FY08 budget. The vehicles will be purchased off the Florida Sheriff's Association State Contract. DATE: January 22, 2008 The Health Department's current amended contract between the County and the State was approved September 25, 2007 for the amount of $20,454,445 with $1,071,980 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department. This request will decrease to $1,043,612 the amount from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department. The $28,368 difference will be used to purchase two (2) vehicles (and tags) to provide transportation for Health Department employees to reduce the cost of employee travel and to be used in hurricane response and will be titled in the County's name. Attached is a letter from the Health Department clarifying this request. Staff Recommendation Staff recommends approval to use $28,368.00 of the $1,071,980 approved budget allocation to purchase two (2) vehicles and tags and authorization for the Chairman to sign all pertinent documents necessary. ~ (' Charlie Crist Governor Ana M. Viamonte Ros, M.D., M,P.H. State Surgeon General TO: Beth Ryder, Director Community Services RECEIVED BY FROM: Lydia Williams \~ General Services DEe 2 6 2007 DATE: December 24, 2007 ;:'LC SUBJECT: Vehicle Purchase Community Scrvica This is a request to purchase two vehicles for the County Health Department and to reduce our quarterly allocation by their cost. The vehicles are: 2 each 2008 Ford Escape (U02) small size 4-door utility vehicle - 4x2, standard engine, standard automatic transmission, power steering, standard gauges, air conditioning with 134A system, standard tinted glass all around, standard am/fm stereo, standard production seats, color white, (options - add Heavy duty rubber floor mats, replaces carpet HD factory mats pass and cargo 50B/50Q $160.00) Each Cost: $13,970.00 + 160.00 $14,130.00 The total cost of both vehicles is $28,260.00 The vehicles will provide a reduction in employee travel expenses and be used for Disaster Response for the St. Lucie County community. If you have any questions, please contact me at 873-4887 or Jim Gilbert at 873-4884. cc: Larry Lee, Administrator, Health Department Jim L. Gilbert, Administrative Services Director, Health Department Doug Anderson, County Administrator Neil Appel, Purchasing Director (SLC) Fort Pierce Site 714 Avenue "C" FAX: (772) 462-3824 SunCom 259-3824 ST. LUCIE COUNTY HEALTH DEPARTMENT 5150 NW Milner Drive Port SI. Lucie, FL 34983 (772) 462-3800 SC 259-3800 Website: www.stluciccounlvhcalth.com Port St. Lucie Site 5150 NW Milner Dr FAX: (772) 873-4941 SunColll 245-4941 AGENDA REQUEST ITEM NO. C-3-B DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: /' c~' Beth Ryder, Director'~-""~C{ SUBJECT: Permission to advertise a Request for Qualifications for eligible agencies in St. Lucie County that meet the criteria, as required, for distribution of the Choose Life License plate funds collected in SL Lucie County. BACKGROUND: PREVIOUS ACTION: Section 320.08058 (29) Florida Statutes, designated the County as the entity to distribute the funds collected from the sale of Choose Life license plates sold in the County and requires the agencies that receive the funds must be non-governmental, not-for-profit agencies providing services that are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. 001-6420-534000-69001 (Choose Ufe license Plate Program) Since 2001 the County has administered the funds from the Choose Life License Plate Program. FUNDS AVAIL. RECOMMENDATION: Staff requests permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(29), Florida Statutes, to receive funding from the Choose Life License Plates. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney:] ')\i'ri r0c:rl1. Coordination/Siqnatures 1100 i Manage~enl&]~et]D ~ \F0<. Purchasing: \~~ ' i"') . ûriginaling Department.: Other: Finance: Check for Copy only, if applicable __ '~ > REQUEST FOR QUALIFICATIONS #08-019 FOR NON-GOVERNMENT AND NOT- FOR- PROFIT AGENCIES TO RECEIVE "CHOOSE LIFE LICENSE PLATE" FUNDS Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 COMMUNITY SERVICES MEMORANDUM #08-69 TO: County Commissioners FROM: Beth Ryder, Director æ ~ SUBJECT: Permission to Advertise a Request for Qualifications (RFQ) for Distribution of the Choose Life License Plates DATE: January 22, 2008 The 1999 Legislator designated each County as the entity that would distribute the funds collected from the sal.e of Choose Life license plates sold in the County. Section 320.08058(29), Florida Statutes, requires the agencies that receive the funds must be non- governmental, not-for-profit agencies providing services that are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Pregancy Care Center, Care Net and Catholic Charities have all been awarded funding to assist pregnant women who are committed to placing their child for adoption. STAFF RECOMMENDATION: Staff requests permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(29), Florida Statutes, to receive funding from the Choose Life License Plates. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR QUALIFICATIONS Respond, in writing, to the Office of the Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, not later than (Date to be determined), for the following: RFQ # 08 - 019 FOR NON-GOVERNMENT AND NOT - FOR- PROFIT AGENCIES TO RECEIVE "CHOOSE LIFE LICENSE PLATE" FUNDS COMMUNITY SERVICES RFQ documents may be obtained by calling and requesting document number #08-019 from the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. RFQ's may be mailed or hand delivered to the Office of the Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982. No later than X:OO P.M. (Date to be determined). The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.stlucieco.Qov. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Neil Appel, Purchasing Director PUBLISH: (Date to be determined) · REQUEST FOR QUALIFICATIONS (RFQ) TO NON-GOVERNMENTAL AND NOT-FOR-PROFIT AGENCIES Recent legislation passed during the 1999 session of the Florida legislature allowed for the return to the counties twenty dollars for each Choose Life license plate sold in the county. The money is to be distributed to non-governmental, not-for-profit agencies, which meet certain qualifications. According to Florida Law, each county shall distribute the funds to non-governmental, not-for-profit agencies within the county, which agencies' services are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Funds shall not be distributed to any agency that is involved or associated with abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising, and funds may not be distributed to any agency that charges women for services. Agencies that receive funds must use at least 70% of the funds to provide for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing, medical care, food, utilities, and transportation. Such funds may also be expended on infants awaiting placement with adoptive parents. Each agency that receives such funds must submit an annual audit, prepared by certified public account, to the county. The county may conduct a consolidated audit in lieu of the annual audit. If you believe your agency meets these qualifications, please respond to this request in writing to the Office of the Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982 not later than X:OO P.M., (Date to be determined). . . AGENDA REQUEST ITEM NO: C-3C DATE: January 22,2008 REGULAR [ ] PUBLIC HEARING [] CONSENT ' [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: PRESENTED BY: John Franklin Housing Manager Authorization to enter private/public partnerships with three interested developers seeking to provide workforce housing and to submit an application, for an amount not to exceed $5,000,000, to the Community Workforce Housing Innovation Pilot Program (CWHIP) loan/grant to the Florida Housing Finance Corporation. Three developers have shown interest in entering into a public/private partnership with St. Lucie County for projects that qualify under the CWHIP guidelines. The public/private partnership is a requirement to qualify for the CWHIP program. The CWHIP grant also requires each development to consist of at least 70% workforce housing with 30% being for essential services personnel. The attached memo includes a brief summary of developer-proposed projects. N/A - The developers understand the County will not contribute monetarilv to their projects. On December 18, 2007 the Board of County Commissioners voted to allow the Housing Division to seek developers interested in entering a public/private partnership with St. Lucie County for the CWHIP loan/grant. Three developers: Atlantic Housing Partners, Oakland Estates LLC, and Prime Home Builders responded with projects that qualified under the CWHIP guidelines. Staff requests Board authorization to enter into public/private partnerships with the three developers interested in applying for the CWHIP loan/grant with the understanding that the County will not contribute funds to the projects. Staff requests permission for the County Attorney's Office to prepare the memorandums of understanding that will establish the private/public partnerships with Atlantic Housing Partners, Oakland Estates, LLC, and Prime Home Builders and staff requests approval for the Chairman to sign the memorandums. Each developer will be responsible for applying to the Florida Housing Finance Corporation (FHFC). The FHFC will score the applicants and determine the eligibility (if any) of each project. [>q APPROVED [ ] DENIED [ ] OTHER Approved 5-0 County Attomey: x ..,,~ Originating Department x '6 Douglas MAnderson County Administrator Coordi nation/Sig natu res Management & Budget Purchasing: Other: Other: COMMUNITY SERVICES , MEMORANDUM #08-70 TO: 81. Lucie County Board of County Com . rs " FROM: I John Franklin, Housing Manager ! 1 ( SUBJECT: Authorization to enter private/public partnerships for CWHIP grant/loan application DATE: January 22,2008 On December 18, 2007 the Board of County Commissioners approved the Housing Division's request to seek developers interested in entering a public/private partnership with S1. Lucie County for application to the Community Workforce Housing Innovation Pilot (CWHIP) Program. The CWHIP program is a competitive application process that awards up to $5,000,000 for a project consisting of at least 70% workforce housing with 30% for essential services. On January 4, 2008, three developers expressed interest to partner on projects that qualified under the CWHIP guidelines. Below is a brief summary of their projects. Portofino Court Portofino Landings 70 70 Townhomes Condos Homeownership Homeownership Staff requests Board authorization to enter into public/private partnerships with the three developers interested in applying for the CWHIP loan/grant with the understanding that the County will not contribute funds to the proiects, Staff requests permission for the County Attorney's Office to prepare the memorandums of understanding that will establish the private/public partnerships with Atlantic Housing Partners, Oakland Estates, LLC, and Prime Home Builders and staff requests approval for the Chairman to sign the memorandums. Each developer will be responsible for applying to the Florida Housing Finance Corporation (FHFC). The FHFC will score the applicants and determine the eligibílity (if any) of each project. JF ... .. ,/,'d REQUEST FOR INTEREST St. Lucie County is seeking applications from interested developers for the 2007 CWHIP - Community Workforce Housing Innovation Program application cycle. Applications are available online under: http://www.co.st-lucie.fl.us/community/housingdepartment.htm or available for pick up at: 437 N 7th Street Fort Pierce, FL 34950 All applications must be completed accurately and fully with all attachments required. Also required for submittal are plot plans of intended project and any renderings of proposed housing units. Applications are due no later than January 4, 2008 by 4:00 pm at 437 N 7th Street Fort Pierce, FL 34950. Please submit one original and three copies. Any questions, please contact Jessica Parrish, Housing Project Coordinator at (772) 462·2857. (Ad placed seeking interested developers) ,£12:01 SS8229b2¿¿ IJnl lS 1d30 ÐNIsnOH:WO~~ ~80:01 8002-b,-N~f ... AGENDA REOUEST ITEM NO: c-4A DATE: January 22, 2008 REGULAR PUBLIC HEARING CONSENT [Xl TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: PURCHASE OF HOTDOG STEAMER EQ08-296, SPRAYER EQ08-297-TRADITION FIELD BACKGROUND: In accordance with the tenns ofthe contract between St. Lucie County and Sterling Facilities Services (SFS), dated August I, 2003, the County is fully obligated to provide, maintain, and repair the stadium and its equipment. In October 2007, in preparation for the 2008 baseball season, SFS representatives infonned county staff that one ofthe hot dog steamers (PR: 60092), purchased in December 1995 is out of order and beyond repair. The replacement cost ofa new steamer is $4,849.00. As all the machinery and equipment approved in the FY 2008 budget has been purchased, staff is requesting that the Board approve the equipment request (EQ08-296) and authorize the use of $4,849.00 of the excess funds in machinery & equipment to purchase the hot dog steamer (EQ08-296). Additionally, staff is requesting approval to replace a Cushman chemical sprayer (PR: 600272) used to apply fertilizer, pesticide, and wetting agents during drought conditions. The valves on the sprayer leak and spray the operator with chemicals creating a health and safety issue and the booms can no longer be accurately calibrated to apply the correct product application rates. The sprayer was purchased in 2000 and has exceeded its 7-year life expectancy. Staff has received a cost estimate of approximately $8,500 to repair the valves and booms. Due to the cost of repairs and the significant rust and erosion on the body ofthe Cushman caused by the corrosive nature ofthe chemicals, staff believes that it is no longer cost-effective to continue repairing this piece of equipment. Staff is seeking the Board's approval to purchase a new sprayer (EQ08-297) at a cost of $20,090.00, by utilizing available excess funds in machinery & equipment and transferring an additional $12,167.00 from grounds maintenance (BA08-009). FUNDS WILL BE MADE AVAILABLE IN: 461-75201-564000-700 - Tradition Field (Machinery & Equipment) RECOMMENDATION: Staff requests the Board's approval ofBA08-009, EQ08-296 & EQ08-297 to purchase a hotdog steamer ($4,849.00), & sprayer ($20,090.00), including shipping of both items, and disposition of PR: 600092 & PR: 600272. t<l APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Doug K1. Anderson County Administrator County Attorney: coordination/SÍlmatu~e~... f, . Management & Budget: ~ I }~ Purchasing: Other: AdminlFinance Originating Dept: (if applicable) C:\PARKSIAGENDASII-22-08-TRADITION FIELD STEAMER AND SPRA YER,DOC ,~ Board of Countv Commissioners Parks & Recreation Department MEMORANDUM To: Board of County Commissioners From: Parks & Tradition Field Manager, Parks and Recreation Thru: Director, Parks and Recreation Subject,: PURCHASE OF HOTDOG STEAMER EQ08-296, SPRAYER EQ08-297, & BA08-009 TRADITION FIELD STADIUM Date: ' January 22, 2008 In accordance with the terms of the contract between St. Lucie County and Sterling Facilities Services (SFS), dated August 1, 2003, the County is fully obligated to provide, maintain, and repair the stadium and its equipment. In October 2007, in preparation for the 2008 baseball season, SFS representatives informed county staff that one of the hot dog steamers (PR: 60092), purchased in December 1995 is out of order and beyond repair. The replacement cost of a new steamer, is $4,849.00. As all the machinery and equipment approved in the FY 2008 budget has been purchased, staff is requesting that the Board approve the equipment request (EQ08- 296) and authorize the use $4,849.00 of the excess funds in machinery & equipment be utilized to purchase the hot dog steamer (EQ08-296). Additionally, staff is requesting approval to replace the Cushman chemical sprayer (PR: 600272) used to apply fertilizer, pesticide, and wetting agents during drought conditions. The valves on the sprayer leak and spray the operator with chemicals creating a health and safety issue and the booms can no longer be accurately calibrated to apply the correct product application rates. The sprayer was purchased in 2000 and has exceeded its 7-year life expectancy. Staff has received a cost estimate of approximately $8500 to repair the valves and booms. Due to the cost of repairs and the significant rust and erosion on the body of the Cushman caused by the corrosive nature of the chemicals, staff believes that it is no longer cost-effective to continue the maintenance on this equipment. Staff is seeking the Board's approval to purchase a new sprayer (EQ08-297) at a cost of$20,090.00, by utilizing available excess funds in machinery & equipment and transferring an additional $12,167.00 from grounds maintenance (BA08-009). ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: Parks and Recreation RECOMMENDED: X YES NO REVISED Staff is requesting approval to replace the Cushman chemical sprayer (PR: 600272),used to apply fertilizer, pesticide, and wetting agents during drought conditions. The valves on the sprayer leak and spray the operator with chemicals creating a health and safety issue and the booms can no longer be accurately calibrated to apply the correct product application rates. The sprayer was purchased in 2000 and has exceeded its 7-year life expectancy. Staff has received a cost estimate of approximately $8,500 to repair the valves and booms. Due to the cost of repairs and the significant rust and erosion on the body of the Cushman caused by the corrosive nature of the chemicals, staff believes that it is no longer cost-effective to continue the maintenance on this equipment. Staff is seeking the Board's approval to purchase a new sprayer (EQ08-297) at a cost of $20,090.00, by utilizing available excess funds in machinery & equipment and transferring an additional $12,167.00 from grounds maintenance (BA08-009). EQUIPMENT REQ#: EQ08-297 ACCOUNT#: 461-75201-564000-700 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation· Sports Complex PREPARED DATE: 1/2/2008 AGENDA DATE: 1/22/2008 ACCOÛNl'.NVM.~~R ACCOVNT NAMF AMOUNT TO: 461-75201-564000-700 Machinery & Equipment $12,167 FROM: 461-75201-546300-700 Grounds Maintenance $12,167 REASON FOR BUDGET AMENDMENT: To move funds into Machinery and Equipment to cover the cost of a new chemcial sprayer (EQ08-297l. . CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA08-009 DOCUMENT # & INPUT BY: BOARD OF COUNTY COMMISSIONERS . ~~~EI~~" , COUNTY ')~, FLORIDA' PARKS & RECREATION DEßRA ßRISSON Director To: Board of County Commissioners Linda Barton, Asst. Director ~ Agenda/Permission to Apply for Summer Grants From: Subject: Date: January 22, 2008 The Parks and Recreation Department is requesting the Board's approval to submit 3 grant applications to the Children's Services Council for funds that will be utilized for scholarships to support summer programs conducted by the Recreation Division. If awarded, the agenda further requests Board approval to accept the grants.The three applications are for the following programs: Fort Pierce Community Center Lincoln Park Community Center Sports and Athletics $9,800 $11,550 $21,000 Cc: D. Anderson, County Administrator L. Lowery, Asst. County Administrator D. Brisson, Director File JOSEPH E. SMITH, Dlstflct No.1. DOUG COWARD, Distflct No.2. PAULA A, LEWIS, District No, J . CHARLES GRANDE, DlS'flct NO.4' CHRIS CRAFT, Dlstflct No, 5 County AdministraTor - Douglas M. Anderson 2300 Virainia Avenue · Fort Pierce, Florida 34982-5652 AGENDA REQUEST ITEM NO: C-4b DATE: Jan. 22, 200B REGULAR [] PUBLIC HEARING CONSENT [xX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Recreation SUBJECT: permission to apply for Summer Camp Grants BACKGROUND: The Parks and Recreation Department is requesting the Board's approval to submit 3 grant applications to the Children's Services Council for funds that will be utilized for .scholarships to support summer programs conducted by the Recreation Division. If awarded, the agenda further requests Board approval to accept the grants. The ,three applications are for the following programs: Fort Pierce Community Center Lincoln Park Community Center Sports and Athletics $9,800 $11,550 $21,000 FUNDS AVAILABLE: No matching funds are required. C>< ] APPROVED [ ] OTHER: DENIED rant applications to the s if awarded. RECOMMENDATION: Staff requests Board approval to submit Children's Services Council and the acceptance of the COMMISSION ACTION: Approved 5-0 Dougl ~ Anderson County Administrator - originating Dept. Review and Approvals County Attorney: Management œ Budget purchasing: Other: Other: BOARD OF COUNTY COMMISSIONERS , ~~~'EI~f~~'~" COUNTY ¡." FLORIDA" PARKS & RECREATION DEß8,A ßRISSON Director Subject: Board of County Commissioners Linda Barton, Asst. Director ~ Agenda/Permission to Apply for Summer Grants To: From: Date: January 22, 2008 The Parks and Recreation Department is requesting the Board's approval to submit 3 grant applications to the Children's Services Council for funds that will be utilized for scholarships to support summer programs conducted by the Recreation Division. If awarded, the agenda further requests Board approval to accept the grants.The three applications are for the following programs: Fort Pierce community Center Lincoln Park community Center Sports and Athletics $9,800 $11,550 $21,000 Cc: D. Anderson, County Administrator L. Lowery, Asst. County Administrator D. Brisson, Director File JOSEPH E. SMITH, District No, 1 . DOUG COWA~D, DiSTrict No, 2 . PAULA A, LEWIS, Disrflct No.3' CHA~LES GRANDE, District NO.4' CH~IS Ci\AFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 . Fax (772) 462-1940 · E-mail: brissond@(Q,st-lucie.fLus www.co.st-lucie.fLus .. ~ AGENDA REQUEST ITEM NO. c-5A DATE: Jan. 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Life Safety Systems, Inc. Amendment to Contract #C06-04-408 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 107-712-546000-1645 (Equipment Maintenance) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Amendment to #C06-04-408, Life Safety Systems, for the addition of the New Clerk of Courts Building. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. MISSION ACTION: f1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept: .1 Y Mgl. & Budget: \ ~~her: Purchasing Mgr.: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H'\AGENDA\AGENDA-254 LIFE SAFETY SYSTEMS-AMENDMENT.DOC " · (I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 22, 2008 SUBJECT: Life Safety Systems, Inc. Amendment to Contract #C06-04-408 BACKGROUND: On April 11, 2006, St. Lucie County entered into contract #C06-04- 408 with Life Safety Systems for fire sprinkler system inspection, testing and maintenance for County facilities. Staff is requesting to amend contract #C06-04-408 with Life Safety Systems to include the New Clerk of Courts Building. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Amendment to #C06-04-408, Life Safety Systems, for the addition ofthe New Clerk of Courts Building. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. P.0Øl/001 ··..,'.IU'T-'···:,,::I'l·,..··..'tl"·-· . -'3-':9, s...",,_ ,O_L TIMl.ORE ::s:rREET PO,ftTS:T_ LUG_IE.. IFL3...e.:s: OFF_ C E: C772:a "3'..q..q 0'0&'77 If'~ 1£772)1 341.41.-0478 ,F...._·S:....,~4Þ;....~ :IF'J~_.a;~.._:s ,.~ FII;.._ .Ex:II:'.'_'_,_,.~::s:.",_,,_, PROPOSAL i:iumo:u.~ 'lO: JOB TCRNER PH: 772 971-1647 FX: 772 462-1444 DATE: 12/27/07 NAME: SADr.r LOC:Œ COCNTr PURCBASDtG JOB NAME; SLC CLERK OF COURTS STREET: 2300 VIRGINIA AVE. CITY: FT. PIERCE I STATE: FL, 34982 STREET: 201 N INDIAN RIVER DR. CITY: FORT PIERCE STATE: FL ESTIMATES FOR: FIRE PROTECTION INSPECTIONS QUARTERLY FIRE SPRINKLER INSPECTIONS PER NFP A 25 FOR THE SUM OF........................................$65.00 PER MONTH SEMI ANNUAL INERGEN INSPECTION PER NFPA 2001 FOR TIŒ SUM OF.........................................$300.00 SEMI ANNUALLY -------------------------------------------------------------------- We hcr9by propose ~o rurn~Sh.Snð ~n~toll mù~eriù13 - comp~e~e and ~n aeec~dAnce with th9 ùbove opecitica~ion. P,!!Iym.cnl::I 'to be milde as ro1.1.OWl!l: PRE-MRANOED PA'tMENT 3CHEDtJI..Il:. All ØLl::It.~r.i.Zll ir; 9u.;:tr~ntoQ:d t:o be <:13 speci:ried. Al~ woz:k shall bt: cgmplo'Ced in a WQrkllllliln~l.Ke .m.zlInncI' i)ccordinq to :Jtan~ax:a p.rcu~·t.¡c~:s. J\.ny ;,ltcrõ1tion or deviation ~z:om spec:lric.èltl.Ol"ln lnvolvlnq CX'tr¡:¡ ceots.. vill. !)e exe~ur.ed only upon written ordlrs. ana w.Lll tt~~Oml=' an cxtro ChOrQ8 over lI,nd a.bove t.he est.1.m.t~. ~~ bgre~~enes contingent upon accept~"e~ ~ithln 30 Dÿyo and 13 void Cbere.r~~r at ~h~ option of the under31çned. L1~t& of Contractor'a Liab~~y. The psreic~ D9rOO ~h~~ ~he cust.omer t~tA~nð thç ~olc rc~pon31bility for the lire and heã1th o! ~rBO^ø 1n the protGcted premisea and ror p~Qtcet¡n9 oQalna't prope%ty 1os8êa du~ ~o per~on31 injury in the protec'tec premL8êa rela~lng bOth ~o hiB own parDon or p~operty O~ to ~h~t of other3. I~ is there!ore 8grecd th~t Contr~ctor 13 not re3pons1bLe ror ~r30na~ injuty or Qthç~ loaaaa whioh .re a~l~g~d to be ~u~od by the improper ope~ar.ion of thç ~y~com, whother due to derecta in the ay.te. Or act= QC omissions at the Conträet~r in rDcoivin~ ùnd responding to ~1nrm ~iqn~~~. Tho p~rtiea further ðqree thDt tne cone~*eto~ 1~ not ~n in3urer and that ~n~ur~ncç. if ~ny, cover~ng such per~oú~l injury O"d othQr 103383 be obt:~1ned by Cu:3'tomer. I,r. not wJ.th:Jtandinq t:he above agJ:eement:;., thoro ::Jhould ~rise any 11.liIbll.ity en tho par't of t:ha Contractor, such liabili~y .hs~~ be ~imlted ~o an amo~~t or ~250.00. NO KAIUUUITY, TITE COllTlIACTOR DOES NOT HAJœ JUlY RE:PIlf.SENTA'l'lON OK IlA1U\J\NTY INCLUDING !'NY IMPLIED WIUtKAN'l"Y OF HERCllllNTJlDILITY OR FITNE55, T~T THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED, OR TRhT THE SYSTEM, OK SEIIVICES WILL IN EVERY CASE PROVIDf. TilE PROTECTION roR "'HICK IT IS INTENDED. 1I.uthori.od Siqnuw:. ~QJ'1¡.~ ¿ J. RIOROAN GM. LIeu EF-l031 !»lte: 1;Xj;. ?/tY) ~ Qi" P'IWPQSAL The nbovo ~ria.s. .pee1!1e.t!On~ ~nd conditions are h~reby ~cccp~od. ~ayment will be mado a, authorized abOve. 'tou are ãuthori~ed to do the wl;lrk i'.IS ~pocifled. Accepted Ily Dõ'lt.c State Certified FIre Protection Contractor License #73406400041999 State Certified Fire Alarm Contractor License #EF-Q001 037 Page 1 II¡ AGENDA REQUEST ITEM NO. c-5B DATE: Jan. 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: AWM Construction, Inc. Savannas Recreation Area Trading Post Porch Change Order No.1 to #C07..()9-453 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310002-7240-562000-16010 (Buildings) PREVIOUS ACTION: On September 4,2007, Item No. c5-D, the Board awarded Bid #07-058 to AWM Construction for the Savannas Recreation Area Trading Post Porch project. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.1 to #C07 -09-453, AWM Construction, Savannas Recreation Area Trading Post Porch project, to increase the contract sum $4,606; the new contract sum will be $125,386. Staff further recommends the board authorize the Chair to sign the change order as prepared by the County Attorney. MISSION ACTION: £;4 APPROVED [] DENIED [ ] OTHER: Àpproved 5-0 County Attorney: Îvk' ~~fÅ,lr( Coordination/Si Mgl & Budget: /I.....--:t¡O Do 9 nderson County Administrator Purchasing Mgr.: . Originating Depl: Other: Other: Finance: (Check for Copy only, if Applicable) Eft, 1/97 H,\AGENDA\AGENDA-255 AWM CONSTRUCTION CO-l.DOC , , MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 22, 2008 SUBJECT: AWM Construction, Inc. Savannas Recreation Area Trading Post Porch Change Order NO.1 to #C07 -09-453 BACKGROUND: On September 4,2007, the Board awarded Bid #07-058 to AWM Construction for the construction of the Savannas Recreation Area Trading Post Porch, Contract #C07 -09-453. Construction started late October and work has begun on the porch roof. City requirements to attach the porch roof to the existing roof will require a few changes; total cost to accomplish these changes is $4,606. Staff is seeking approval of Change Order NO.1 to #C07-09-453 to increase the contract sum $4,606; the new contract sum will be $125,386. (Please See Attached) RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order NO.1 to #C07-09-453, AWM Construction, Savannas Recreation Area Trading Post Porch project, to increase the contract sum $4,606; the new contract sum will be $125,386. Staff further recommends the board authorize the Chair to sign the change order as prepared by the County Attorney. J CHANGE ORDER ." ST. LUCIE COUNTY PROJECT: (name, address) Savannas Recreation Area Trading Post Porch CHANGE ORDER NUMBER: 1 INITIATION DATE: 28-Dec-07 CONSULTANT'S PROJECT NO.: TO (Contractor): AWM Construction, Inc. 2296 North U.S. 1 Fort Pierce, FL 34946 ST. LUCIE COUNTY CONTRACT NO: C07-09-453 CONTRACT DATE 4-Sep-07 You are directed to make the followin~ ~s in this contract: (Additional sheet attached as Exhibit ~ No) The original (Contract Sum) ~""",fitt::t:Od Ms)(iFFl\,/m C9$l) was Net change by previous authorized Change orders The (Contract Sum) (Ct..Sl'b"t.......J I.l:...d...u", gètt) prior to this Change order The (Contract Sum) (GtJaref1weEl M:¡ximu"" ~l"l8t) will be<lJñcreaseèßxdQ~ÇQ:;¡~8El or uncl'lsR§eEi) by this Change Order The new (Contract Sum) (6l:1aranteed Maxil, ,un. C~) including this Change order will be The Contract Time will be (iR~rQ¡¡¡i~d) (eecrc8aeel)<líJnchanaëdìDY The Date of Substantial Completion as of the date of this Change Order therefore is: $ 120,780.00 $ $ 120,780.00 $ 4,606.00 $ 125,386.00 ( 0 ) Days 13-Feb-08 Funds Available: Account Number 310002-7240-562000-1601 0 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract, Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract. and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: AWM Construction, Inc. Contractor: 2296 North U.S. 1, Ft. Pierce, FL 34946 Address: APPROVED: St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address By: CONSULTANT: Date: By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Jenkins & Charland Engineering Architect/Engineer By: Date: By: CHAIRMAN Date: ATTEST: Approved as to Form and Correctness: DEPUTY CLERK County Attorney , ~ EXHIBIT "A" OWNER ARCHITECT CONTRACTOR FIELD OTHER o o o o o CHANGE ORDER PROJECT: Savannas Trading Post Porch CHANGE ORDER #: Savannas Recreational Area Trading Post Por 2300 Virginia Ave. CHANGE ORDER DATE: Fort Pierce, FL 34982-5652 PROJECT #s: 1 12/20/2007 C07-09-058 TO: AWM Construclion, Inc. 2296 North U.S. 1 Fort Pierce, FL 34946 DATE OF CONTRACT: 09/04/2007 FOR: Savannas Recreational Area Trading Post Porch The Contract is chanaed as follows: Remove existing 24" roof overhang, increase proposed porch roof 24" & increase wall ledger board from 2 x 6to 2 x 10 as per Jenkins & Charland Eng. sheet #SSK-3, dated 12/19/07 $4,667.00 Credit reduction of post beam from 2 x 10 to 2 x 8 Total: ( $61.00) $4,606.00 The original Contract Sum was The net change by previously authorized Change Orders is The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by The date of Substantial Completion as of this Change Order therefore is $120,780,00 $0.00 $120,780.00 $4,606.00 $125,386.00 o days. Unchanged Not valid until signed by all parties below. ADDRESS 2296 North U.S, 1 ADDRESS Fort Pierce, FL 34946 Sl. Lucie County Finance Depl. OWNER 2300 Virginia Ave, ADDRESS Fort Pierce, FL 34982-5652 ARCHITECT AWM Construction, Inc. CONTRACTOR BY (Signature) Jess Baxley (Typed Name) BY (Signature) (Typed Name) Alfre W. McGrane, Pres. I Charles C, Haye (Typed Name) DATE DATE /;¿ -.;2.,0-0 7 DATE ass, INC. DOCUMENT . . AGENDA REQUEST ITEM NO. r; G DATE: Jan. 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Approval to award Bid #07·107·Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creek to the low bidder, Summerlin Marine Construction, LLC for the cost of $144.00 per lineal foot. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1930-546300-FG010C (Grounds Maintenance-Ocean Bay) 001-1930-546300-FG001 C (Grounds Maintenance-Little Mud Creek) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the award of Bid #07-107-Construction of Dune Crossovers damaged by Hurricane Francis and Jeanne at Ocean Bay and Little Mud Creek to the low bidder, Summerlin Marine Construction, LLC at a cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorize the Chair to sign the contract as prepared by the County Attorney. MISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 eo"." A""'''" ~ Originating ~¡Ìt: Do Anderson County Administrator Mgt. & Budget: Purchasing Mgr.: fi - Other: Other: Finance: (Check for Copy only. if Applicable) Eff. 1/97 H'\AGENDA\AGENDA-256 SUMMERLIN-OCEAN BAY á LITTLE MUD CREEK.DOC -, J MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 22, 2008 SUBJECT: Approval to award Bid #07-107-Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creek to the low bidder, Summerlin Marine Construction, LLC for the cost of $144.00 per lineal foot. BACKGROUND: Invitation to bid was issued on September 16,2007 for the replacement of two dune crossovers at Ocean Bay and Little Mud Creek, damaged by the 2004 Hurricanes. Bids were opened on October 17, 2007: three hundred forty one firms were notified, fifty-one bid packages were distributed, and eight bids were received. The low bidder is Summerlin Marine Construction,LLC, at a cost of $144.00 per lineal foot. This item was scheduled to go before the Board on November 6, 2007, but was pulled due to some concerns regarding permitting, height, length, etc. Those concerns have now been addressed and staff is ready to move forward. In discussing the permit needed for the Little Mud Creek location with the permitting agency, we were asked to consider a shell pathway. In addition to beach access, the shell pathway would also provide us with emergency beach access when needed, as the pathway would be wider then the traditional wooden dune crossover. Because of this, we would need to post and rope both sides of the pathway leading from the parking area to the beach to identify the portion of the shell path to use and at the same time restrict access to the other portion. The low bidder will work with us for time and material if this change is approved. Due to extensive damaged sustained by both Hurricane Francis and Jeanne the Ocean Bay location qualified as a large project under FEMA guidelines and Little Mud Creek fell under the small project category. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the award of Bid #07-107 -Construction of Dune Crossovers damaged by Hurricane Francis and Jeanne at Ocean Bay and Little Mud Creek to the low bidder, Summerlin Marine Construction, LLC at a cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorize the Chair to sign the contract as prepared by the County Attorney. " BOARD OF COUNTY COMMISSION ERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR #07-107 -CONSTRUCTION OF A DUNE CROSSOVERS @ OCEAN BAY PARK TABULATION SHEET OPENED: OCTOBER 17, 2007 AT 2:30 P.M. Eight submittals were received: Per Linear Foot I Price SUMMERLlNS MARINE CONSTRUCTION LLC 200 Naco Rd, #C $144.00 Fort Pierce, FI. 34946 Fax: (772) 464-7470 WILCO CONSTRUCTION INC. 28 N Causeways Dr, Unit #1 $159,00 Fort Pierce, FI. 34946 Fax: (772)460-6929 BLUE COVE CONSTRUCTION CORP. P. O. Box 547293 $164.52 . Orlando, FI. 32854 Fax; {407l 767-2024 CUSTOM BUILT MARINE CONSTRUCTION INC. 1321 SE Decker Ave. $192.00 Stuart, FI. 34994 Fax: (772) 268-2802 SANTA CRUZ CONSTRUCTION, INC. 4205 N. Courtenay Parkway $213.19 Merritt Island, FI. 32953 Fax: (321) 459-3358 SUNSHINE LAND DESIGN, INC. 3291 SE Lionel Terrace $234.50 Stuart, FI. 34997 Fax: (772) 283-8944 KING MARITIME INC. 16 Fisherman's Wharf $320.00 . Ft. Pierce, FI. 34947 Fax; (772) 465-8799 ENVIROCARE CONSTRUCTION INC. 5536 S. Ridgewood Ave. $348,00 Port Orange, FI. 32127 Fax: (386) 322-6669 * NON- RESPONSIVE Number of companies notified*: 341 Number of bid documents distributed*: 51 Number of bids received: 8 *per demandstar.com .. t AGENDA REQUEST ITEM NO. C-6A DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an improved 911 Phone System that will meet the growing needs of St. Lucie County. Funding received will be utilized for purchase of an effective E911 system, in an effort to upgrade St. Lucie County's Public Safety - Emergency 911 System to Next Generation 911status to ensure wireless compatibility with any communication device. BACKGROUND: The purpose of the E911 State Grant Program is to assist counties with the installation of Enhanced 911 systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The grant provides funds that will be utilized to replace the County's 911 system and upgrade to E911 equip ment that is Next Generation compatible. Next Generation, or NG 9-1-1, improves driver safety and mobility by enabling motorists to send quicker, accurate, and more useful forms of information about incidents to emergency dispatch centers. This encompasses the modern use of text, data, images, and video that are increasingly common in personal communications and are critical to future transportation safety and mobility advances. The requested grant amount is $3,550,000.00 and requires no match by the County. FUNDS AVAIL: There is no match required by the County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the State of Florida E911 County Grant Program. [~ ] APPROVED [ ] OTHER: Approved 5-0 DENIED COMMISSION ACTION: Dougl sAnderson County Administrator county Attorney: Originating Dept: Finance: (copies only) : Jk/ Mgt l< Budget: Public Works: purchasing: Other: 0' .... f . ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Ken Justice, Grant Resource Developer Date: January 22, 2008 - Consent Agenda C-6A Subject: State of Florida E911 (Enhanced 911) County Grant Program The E911 State Grant Program is to assist counties with the installation of Enhanced 911 (E911) systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The Board of County Commissioners in any county in the State of Florida is eligible to apply for this grant program. St. Lucie County Public Safety/911 is a central dispatching center that receives 911 calls for the entire county and additional areas as the Florida Turnpike, 1-95 and the FP&L Nuclear Power Plant. The facility is responsible for dispatching for three law enforcement agencies, fire, rescue or emergency medical services, and HAZMAT teams. Public Safety/911 is scheduled to move into a new building, located at 15305 West Midway Road, Fort Pierce, Florida 34945, in December of 2008. The grant provides funds that will be utilized to replace the County's existing 911 phone system and upgrade to E911equipment that is Next Generation 911 (NG 911) compatible. The current 911 system is designed around telephone technology and cannot handle the text, data, images and video that are increasingly common in personal communications and critical to future transportation safety and mobility advances. Next Generation 911 will establish the foundation for public emergency communications services in a wireless mobile society. Next Generation improves driver safety and mobility by enabling motorists to send quicker, accurate, and more useful forms of information about incidents to emergency dispatch centers. Staff Recommendation: Staff requests BOCC authorization to submit a grant application to the State of Florida E911 (Enhanced 911) County Grant Program Office, for funding to purchase a 911 Phone System that is Next Generation compatible, requesting an amount not to exceed $3,550,000.00, ,¡;. Governor Charlie Crist Secretary Linda H. South E911 Board 4030 Esplanade Way Tallahassee, Florida 32399-0950 DEPARTMENT OF MANAGEMFNT SERVI CES 850.921.2334: TEL 850.9225162: FAX http//:dms.myflorida.com September 1 0, 2007 To: Board of County Commission Re: E911 Grant Notification The E9ll Board is planning to implement an E9ll Grant utilizing an estimated $50 Million amount obtained from the service provider's portion of the E911 Trust Fund. The grant application is scheduled to be posted on November 1,2007. The scheduled final date for grant submissions is February 1,2008. The drafts of the E9ll grant application have been sent to the 911 County Coordinators for comment and have been discussed at the E9l1 Board Meetings. In addition, the E911 grant program will be discussed at the State 911 Coordinator's meeting on October 24, 2007 in St. Augustine. It is recommended that all County 911 Coordinators attend this important meeting. While there, it is also recommended that they take advantage of the E911 training opportunities made available by Florida NENA and funded by the E9ll Board. Please call me at (850-921-2334) or Wink Infinger at (850-921~0041) or email John.Ford@dms.myflorida.com or wink.infinger@dms.mvflorida.com with any questions and/or concerns related to this grant opportunity. On behalf of the Florida E911 Board, we hope you will take advantage of this grant opportunity for your E911 systems. Sincerely, ~~ C. Ford, Chairman da E9ll Board JCF:wi: County E911 grant notice.doc BOARD MEMBERS, MARY B. ANDERSON DEBORAH S. CARUTHERS SAND! CHERNOFF JOHN C. FORD H. NELSON GREEN, 1R JAMES G, SMITII. n CHRlSTJNE A. TRINGALI + , f . AGENDA REQUEST ITEM NO. (-66 DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an enhanced Computer Aided Dispatch System (CAD) that includes Next Generation capabilities. The upgrade to a more technologically advanced CAD will allow for accuracy and efficiency of the County's dispatching operation. Funding received will be utilized for purchase of an effective CAD system, in an effort to upgrade the St. Lucie County Public Safety - Emergency 911 System. BACKGROUND: The purpose of the E911 State Grant Program is to assist counties with the installation of Enhanced 911 systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The grant provides funds that will be utilized to replace the County's CAD system and upgrade too a much needed system. Computer Aided Dispatch (CAD) allows call takers and dispatchers to create, monitor, and update multiple incidents in separate windows simultaneously. The proposed CAD system will allow 911 Call Takers to create and track calls more effectively for service and other police, fire, and Emergency Medical Services related activity. The requested grant amount is $1 ,800,000.00 and requires no match by the County. FUNDS AVAIL: There is no match required by the County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the State of Florida E911 County Grant Program. þ<~ APPROVED OTHER: DENIED COMMISSION ACTION: Approved 5-0 County Attorney: Originating Dept: Finance: (copies only): /1/ cccrdinaticn/Sign~. ur, S Mgt & BU~getl_~ Public Works: Purchasing: Other: ~ .. , ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Ken Justice, Grant Resource Developer Date: January 22, 2008 - Consent Agenda C-6B Subject: State of Florida E911 (Enhanced 911) County Grant Program The E911 State Grant Program is to assist counties with the installation of Enhanced 911 (E911) systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The Board of County Commissioners in any county in the State of Florida is eligible to apply for this grant program. St. Lucie County Public Safety/911 is a central dispatching center that receives 911 calls for the entire county and additional areas as the Florida Turnpike, 1-95 and the FP&L Nuclear Power Plant. The facility is responsible for dispatching for three law enforcement agencies, fire, rescue or emergency medical services, and HAlMA T teams. Public Safety/911 is scheduled to move into a new building, located at 15305 West Midway Road, Fort Pierce, Florida 34945, in December of 2008. The grant provides funds that will be utilized to replace the County's existing E911 Computer Aided Dispatch (CAD) system and upgrade too a much needed system. CAD provides a support system that directs the flow of emergency response teams and monitors the progress of each call from receipt to completion. It also promotes critical information sharing between shift supervisors, administrators, mobile patrol, and other agency personnel. The system is designed to help dispatchers quickly add, modify, assign, complete calls, and update multiple incidents in separate windows simultaneously. The proposed CAD system will allow 911 Call Takers to create and track calls more effectively for service and other police, fire, and Emergency Medical Services related activity. Staff Recommendation: Staff requests BOCC authorization to submit a grant application to the State of Florida E911 (Enhanced 911) County Grant Program Office, for funding to purchase a Computer Aided Dispatch System, requesting an amount not to exceed $1,800,000.00. I . Governor Charlie Crist Secretary Unda H. South E911 Board 4030 Esplanade Way Tallahassee, Florida 32399-0950 DFPARTMENT OF MANAGEMENT SERVICES 850.921.2334: TEL 850.922.5162: FAX http//:dms.myflorida.com September 10, 2007 To: Board of County Commission Re: E911 Grant Notification The E911 Board is planning to implement an E911 Grant utilizing an estimated $50 Million amount obtained from the service provider's portion of the E911 Trust Fund. The grant application is scheduled to be posted on November 1,2007. The scheduled final date for grant submissions is February 1,2008. The drafts of the E911 grant application have been sent to the 911 County Coordinators for comment and have been discussed at the E911 Board Meetings. In addition, the E911 grant program will be discussed at the State 911 Coordinator's meeting on October 24, 2007 in St. Augustine. It is recommended that all County 911 Coordinators attend this important meeting. While there, it is also recommended that they take advantage of the E911 training opportunities made available by Florida NENA and funded by the E911 Board. Please call me at (850-921-2334) or Wink Infinger at (850-921~0041) or email John.Ford@dms.myflorida.com or wink.infinger@dms.mvtlorida.com with any questions and/or concerns related to this grant opportunity. On behalf of the Florida E911 Board, we hope you will take advantage of this grant opportunity for your E911 systems. Sincerely, ~~ C. Ford, Chairman da E911 Board JCF:wi: County E911 grant notice.doc BOARD MEMBERS: MARY B, ANDERSON DEBORAH S, CARUTHERS SANDI CHERNOFF JOHN C, FORD Ii NELSON GREEN. JR, JAMES G, SMITH. n CHRISTINE A, T1UNGALI "It ., AGENDA REQUEST ITEM NO. C-6C DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase an enhanced database management and call routing system for E911 Telecommunications. Funding received will be utilized for purchase of an effectual system, in an effort to upgrade the St. Lucie County Public Safety - Emergency 9-1-1 structures to Next Generation 911 status, that will ensure wireless compatibility with any communications device. BACKGROUND: The purpose of the E911 State Grant Program is to assist counties with the installation of Enhanced 911 systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The grant provides funds that will be utilized to replace and upgrade too much needed database equipment to effectively store data I records that is Next Generation compatible. The proposed Intrado Intelligent Emergency Network will provide a simple transition from the County's existing 9-1-1 network to a powerful, platform with Next Generation services and capabilities. The network facilitates new life saving applications, eliminates single points of failure, and supports new technology access and new data types allowing software and hardware on multiple machines the opportunity to communicate between public safety answering points (PSAPs) that dispatch law enforcement, fire, and emergency medical services. The database system supports the nation's expanding public safety needs, including support for homeland security, new data, text and data applications (i.e., streaming, images, location mapping) that are increasingly common in personal communications and are critical to future transportation safety and mobility advances. The requested grant amount is $50,000.00 and requires no match by the County. FUNDS AVAIL: There is no match required by the County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the State of Florida E911 County Grant Program. IX J APPROVED [ ] OTHER: DENIED COMMISSION ACTION: Approved 5-0 Douglas Anderson County Administrator County Attorney: Originating Dept: Finance: (copies only): )k/ Purchasing: Other: ~, Mgt & Budget: Public Works: .- < ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Ken Justice, Grant Resource Developer Date: January 22, 2008 - Consent Agenda C-6C Subject: State of Florida E911 (Enhanced 911) County Grant Program The E911 State Grant Program is to assist counties with the installation of Enhanced 911 (E911) systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The Soard of County Commissioners in any county in the State of Florida is eligible to apply for this grant program. St. Lucie County Public Safety/911 is a central dispatching center that receives 911 calls for the entire county and additional areas as the Florida Turnpike, 1-95 and the FP&L Nuclear Power Plant. The facility is responsible for dispatching for three law enforcement agencies, fire, rescue or emergency medical services, and HAZMAT teams. Public Safety/911 is scheduled to move into a new building, located at 15305 West Midway Road, Fort Pierce, Florida 34945, in December of 2008. The grant provides funds that will be utilized to replace and upgrade too much needed database equipment to effectively store data / records that is Next Generation compatible. The proposed Intrado Intelligent Emergency Network will provide a simple transition from the County's existing 911 network to a powerful, platform with Next Generation services and capabilities. The network facilitates new life saving applications, eliminates single points of failure, and supports new technology access and new data types allowing software and hardware on multiple machines the opportunity to communicate between public safety answering points (PSAPs) that dispatch law enforcement, fire, and emergency medical services. The database system supports the nation's expanding public safety needs, including support for homeland security, new data, text and data applications (i.e., streaming, images, location mapping) that are increasingly common in personal communications and are critical to future transportation safety and mobility advances. Staff Recommendation: Staff requests SOCC authorization to submit a grant application to the State of Florida E911 (Enhanced 911) County Grant Program Office, for funding to purchase an Intelligent Emergency Network Software System that is Next Generation compatible, requesting an amount not to exceed $50,000.00. - Governor Charlie Crist Secretary Unda H. South E911 Board 4030 Esplanade Way T aIlahassee, Florida 32399-0950 DEPARTMENT OF MANAGEMENT SERVI CES 850.921.2334: TEL 850.922.5162: FAX http//:dms.myflorida.com September 10, 2007 To: Board of County Commission Re: E911 Grant Notification The E911 Board is planning to implement an E911 Grant utilizing an estimated $50 Million amount obtained from the service provider's portion of the E911 Trust Fund. The grant application is scheduled to be posted on November 1,2007. The scheduled final date for grant submissions is February 1,2008. The drafts of the E911 grant application have been sent to the 911 County Coordinators for comment and have been discussed at the E911 Board Meetings. In addition, the E911 grant program will be discussed at the State 911 Coordinator's meeting on October 24, 2007 in St. Augustine. It is recommended that all County 911 Coordinators attend this important meeting. While there, it is also recommended that they take advantage of the E911 training opportunities made available by Florida NENA and funded by the E911 Board. Please call me at (850-921-2334) or Wink Infinger at (850-921~0041) or emai1 John.Ford@dms.mvf1orida.com or wink.infinger@dms.myf1orida.com with any questions and/or concerns related to this grant opportunity. On behalf of the Florida E911 Board, we hope you will take advantage of this grant opportunity for your E911 systems. Sincerely, ~~ C. Ford, Chairman da E911 Board JCF:wi: County E911 grant notice.doc BOARD MEMBEIl& MARY B. ANDERSON DEBORAH S. CARUTHERS SANDI CHERNOFF JOHN C. FORD H. NELSON GREEN, JR. JAMES G. SMTIH. II CHRISTINE A TRINGALI . . AGENDA REQUEST ITEM NO. (-6D DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants I Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application to the State of Florida E911 (Enhanced 9-1-1) County Grant Program Office for funding to purchase furniture for the Emergency 911 Call Takers at the "new" St. Lucie County Public Safety Facility. BACKGROUND: The purpose of the E911 State Grant Program is to assist counties with the installation of Enhanced 911 systems and to provide "seamless" Enhanced 911 throughout the State of Florida. St. Lucie County Public Safety I 911 is a central dispatching center that receives 911 calls for the entire county and such areas as the Florida Turnpike, 1-95 and the FP&L Nuclear Power Plant. The Center dispatches for three law enforcement agencies that include fire, rescue or emergency medical services, and HAZMAT teams. The new center will have 31 Call Taking positions. The Emergency Operation Center (EOC) is scheduled to move into a new building, located at 15305 West Midway Road, Fort Pierce, Florida 34945, in December 2008. Grant funds will be utilized to replace and purchase furniture for these positions, The requested grant amount will not exceed $420,000.00 and requires no match by the County. FUNDS AVAIL: There is no match required by the County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the State of Florida E911 County Grant Program. COMMISSION ACTION: r ><J APPROVED l ] OTHER: DENIED Approved 5-0 Douglas Anderson County Administrator County Attorney: Originating Dept: Finance: (copies only) : ~ Purchasing: Other: ~ ... , ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Ken Justice, Grant Resource Developer Date: January 22, 2008 - Consent Agenda C-6D Subject: State of Florida E911 (Enhanced 911) County Grant Program The E911 State Grant Program is to assist counties with the installation of Enhanced 911 (E911) systems and to provide "seamless" Enhanced 911 throughout the State of Florida. The Board of County Commissioners in any county in the State of Florida is eligible to apply for this grant program. St. Lucie County Public Safety/911 is a central dispatching center that receives 911 calls for the entire county and additional areas as the Florida Turnpike, 1-95 and the FP&L Nuclear Power Plant. The facility is responsible for dispatching for three law enforcement agencies, fire, rescue or emergency medical services, and HAZMAT teams. Public Safety/911 is scheduled to move into a new building, located at 15305 West Midway Road, Fort Pierce, Florida 34945, in December of 2008. The new facility will have 32 positions, with 12 primary Call Taking positions. The grant provides funds that will be utilized to replace the County's existing E911 office furniture and upgrade to furniture that aids in creating a safe, healthy working environment. The proposed furniture has a long life span and encompasses ergonomic technologies. Staff Recommendation: Staff requests BOCC authorization to submit a grant application to the State of Florida E911 (Enhanced 911) County Grant Program Office, for funding to purchase office furniture, requesting an amount not to exceed $420,000.00. Ào 'I Governor Charlie Crist Secretary Unda H. South E9Il Board 4030 Esplanade Way Tallahassee, Florida 32399-0950 DFPARTMENT OF MANAGEMFNT SERVI CES 850.921.2334: TEL 850.922.5162: FAX http//:dms.myflorida,com September 10, 2007 To: Board of County Commission Re: E9ll Grant Notification The E9ll Board is planning to implement an E91l Grant utilizing an estimated $50 Million amount obtained from the service provider's portion of the E911 Trust Fund. The grant application is scheduled to be posted on November 1, 2007. The scheduled final date for grant submissions is February 1,2008. The drafts of the E911 grant application have been sent to the 911 County Coordinators for comment and have been discussed at the E911 Board Meetings. In addition, the E9ll grant program will be discussed at the State 911 Coordinator's meeting on October 24,2007 in 81. Augustine. It is recommended that all County 911 Coordinators attend this important meeting. While there, it is also recommended that they take advantage of the E911 training opportunities made available by Florida NENA and funded by the E91l Board. Please call me at (850-921-2334) or Wink Infinger at (850-921~0041) or email John.Ford@dms.mvflorida.comor wink.infinger@drns.myflorida.com with any questions and/or concerns related to this grant opportunity. On behalf of the Florida E911 Board, we hope you will take advantage of this grant opportunity for your E911 systems. Sincerely, ~~ C. Ford, Chairman cia E911 Board JCF:wi: County E911 grant notice.doc BOARD MEMBERS, MARY B, ANDERSON DEBORAH S. CARlTrIIERS SANDI CHERNOFF JOlIN C, FORD H, NELSON GREEN. JR. JAMES G. SMITH, n CHRISTINE A. TRINGALI ..,. t AGENDA REQUEST ITEM NO. C-6E DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice Authorize the submittal of a grant application to the Major League Baseball Charity, Inc. - Baseball Tomorrow Fund Program to request funding for baseball field renovations at Martin Luther King Jr. - Dreamland Park. The Baseball Tomorrow Fund (BTF) is a joint initiative between Major League Baseball and the Major League Baseball Players Association that was established in 1999 through a $10 million commitment by Major League Baseball and the Major League Baseball Players Association. The mission of BTF is to promote and enhance the growth of youth participation in baseball and softball throughout the world by funding programs, fields, coaches' training, and the purchase of uniforms and equipment to encourage and maintain youth participation in the game. This grant from BTF will provide funds for baseball field renovations at Martin Luther King, Jr. Dreamland Park. Grant awards and matching funds will be utilized to renovate and construct four baseball fields. The requested grant amount is $35,000 and requires a match of $25,800, for a total project cost of $60,800. The County's match of $25,800 is in the 2007-2008 Parks and Recreation Budget (# 310002-7210-563000-7697) for Martin Luther King, Jr. - Dreamland Park. SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the Major League Baseball Charity, Inc.-Baseball Tomorrow Fund for an amount not to exceed $35,000. [X ] APPROVED [ ] OTHER: Approved 5-0 DENIED COMMISSION ACTION: Douglas Anderson County Administrator County Attorney: Originating Dept: Finance: (copies only) : )v. coordination/Signa~ Mgt & Budget: (l4() 'ff\ Public works: purChasing: Other: vr .;.A.I -, ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Ken Justice, Grant Resource Developer Date: January 22, 2008 - Consent Agenda C-6E Subject: Major League Baseball Charity, Inc. - Baseball Tomorrow Fund Martin Luther King, Jr. - Dreamland Park The Baseball Tomorrow Fund (BTF) is a joint initiative between Major League Baseball and the Major League Baseball Players Association that was established in 1999 through a $10 million commitment by Major League Baseball and the Major League Baseball Players Association. The mission of BTF is to promote and enhance the growth of youth participation in baseball and softball throughout the world by funding programs, fields, coaches' training, and the purchase of uniforms and equipment to encourage and maintain youth participation in the game. Martin Luther King, Jr. - Dreamland Park is a 17.40-acre recreational area. The region has been designed and managed over the years as an activity based recreation facility, as there exists substantial areas of mown grass, vegetation, and recreational settings on the landform. There is a significant effort underway to restore and construct Martin Luther King, Jr. -Dreamland Park. Recommendations were aligned to the County's Comprehensive Plan, which identifies the need to offer and maintain a range of recreational facilities for all persons having diverse recreational interests and needs. The grant funding would be utilized, in conjunction with County match funds, to reconstruct four baseball fields at Martin Luther King-Dreamland Park, including pitching mounds, home plates, and baseline installations. Currently, the region has four baseball fields located within a 1-mile radius. However, due to the increased need for baseball programming in the area, the existing fields are often occupied and numerous youth are turned away from organized, structured baseball teaming. The project will provide the following benefits: afford playing fields for a region in need and increase the number of youth players in St. Lucie County. Staff Recommendation: Staff requests BOCC authorization to submit a grant application to the Major League Baseball Charity, Inc. - Baseball Tomorrow Fund, requesting an amount not to exceed $35,000.00. ~ , AGENDA REQUEST ITEM NO. C-6F DATE: January 22,2008 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants! Disaster Recovery PRESENTED BY: Ken Justice, Grants Writer SUBJECT: Authorize the preparation of a grant application by County staff to be submitted in the amount of $75,000 to the National Endowment For The Humanities - America's Historical and CUltural Organizations: planning Grant Program, to assist in the planning, refinement, and development of Zora Neale Hurston and Florida Highwaymen traveling exhibitions, and supplementary interactive projects. BACKGROUND: America's Historical and Cultural Organizations grants support traveling or long-term museum exhibitions, library-based projects, interpretation of historic places or areas, interpretive Web sites, or other project formats that creatively engage audiences in exploring humanities ideas and questions. The purpose of this program is to provide for projects that make innovative use of emerging technologies. These components must include new ways of contextualizing and interpreting information that engage audiences. The grant will provide funds that will be used to plan, refine and develop content and interactive approaches that promote and support local significant key figures in history, as Zora Neale Hurston and The Florida Highwaymen. Such activities include traveling exhibitions, virtual environments, podcasts, and other mechanisms that utilize user-generated content as online scholar led discussions, video on demand, streaming video games, or other digital components. FUNDS AVAILABLE: There is no match required by the County. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the National Endowment For The Humanities - America's Historical and Cultural Organizations: Planning Grant Program requesting $7S,000. ~ APPROVED [] OTHER: [] DENIED Approved 5-0 Doug as M. Anderson County Administrator Management & Budget: ~M- Other: _ (Check for Copy only, if applicable) COMMISSION ACTION: Review and A County Attorney: Originating Dept: _ Finance: purcha~in :_ Other: Effective: /96 '1" , ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Ken Justice, Grant Resource Developer Date: January 22, 2008 - Consent Agenda C-6F Subject: National Endowment For The Humanities Grant Application The National Endowment For The Humanities has several categories of grants that would be appropriate for marketing and developing projects on lora Neale Hurston and The Florida Highwaymen. America's Historical and Cultural Organizations: Planning Grant has a special category for supporting traveling exhibitions and those that offer new ways of contextualizing and interpreting information that engages public audiences interactively in exploring humanities ideas and questions. The proposed project, which includes innovative interpretations of content and interactive approaches, qualifies the traveling exhibits of both, lora Neale Hurston and The Florida Highwaymen. lora Neale Hurston is considered one of the pre-eminent writers of twentieth-century African- American literature. Hurston was closely associated with the Harlem Renaissance and has influenced such writers as Ralph Ellison, Toni Morrison, Gayle Jones, Alice Walker, and Toni Cade Bambara. In 1975, Ms. Magazine published Alice Walker's essay, "In Search of lora Neale Hurston" reviving interest in the author. Hurston's four novels and two books of folklore resulted from extensive anthropological research and have proven invaluable sources on the oral cultures of African America. Hurston spent her last three years in Fort Pierce, where she ditd of a stroke and was buried in an unmarked grave. The Florida Highwaymen tradition began in Ft. Pierce during the 1950's. The Highwaymen group was composed of African-American artists, who used vivid and bright colors to display the beautiful untouched Florida landscape. The Highwaymen painted wind-bent palm trees, serene sunsets, churning oceans and bright red Poinciana trees. They painted from their garages and back yards on inexpensive Upson board and then on the weekends they would travel and sell their Highwaymen paintings to hotels, offices, businesses and individuals who appreciated the artwork for around $25 a piece. In those segregated times, conventional sales venues weren't open to African-Americans, Staff Recommendation: Staff requests SOCC authorization to submit a grant application to the National Endowment For The Humanities - America's Historical and Cultural Organizations: Planning Grant Program. f . AGENDA REQUEST ITEM NO. C6-G DATE: January 22,2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Bill Hoeffner SUBJECT: Approve the attached interlocal agreement between St. Lucie County, the City of Port St. Lucie, the Sheriff's Office, the Fire District, and Indian River Community College. The agreement is to have Indian River Community College provide basic and advanced training to Citizen Emergency Response Team (CERT) volunteers and for St. Lucie County, Port St. Lucie, the Sheriff's Office, and the Fire District to contribute $6,000 each to Indian River Community College to coordinate the program. St. Lucie County has received a grant in the amount of $12,000 from the Florida Division of Emergency Management that will also be used to coordinate the program. BACKGROUND: See attached memorandum and interlocal agreement. The $6,000 to be contributed to the program from the County's Public Safety Department is available in Fund 001-2510-581000-29501 PREVIOUS ACTION: On 2/3/2005, the BOCC approved the submittal and acceptance of a grant in the amount of $29,000 to initiate the CERT program. On 8/15/2005, the BOCC approved a prior interlocal agreement in regard to the CERT program. On 2/14/2006, the BOCC approved the submittal and acceptance of a grant not to exceed $25,000 to continue the program. On 9/12/2006, the Board approved a prior interlocal agreement in regard to the CERT program. On 2/13/2007, the Board approved the submittal and acceptance of a grant not to exceed $19,000 to continue the program. FUNDS AVAIL.: 01(] [ ] APPROVED OTHER: DENIED RECOMMENDATION: Staff recommends the BOCC approve the attached COMMISSION ACTION: Approved 5-0 ou as Anderson County Administrator County Attorney: Originating Dept: Finance: ty vJAr Purchasing: Other, Mgt & Budget: Public works: ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY MEMORANDUM To: From: Date: Subject: S1. Lucie County Board of County Commissioners Bill Hoeffner, Grants / Disaster Recovery Director January 8, 2008 Consent Agenda Item C6-G This agenda item is to approve the attached interlocal agreement between S1. Lucie County, the City of Port S1. Lucie, the Sheriff's Office, the Fire District, and Indian River Community College in regard to the Citizen Emergency Response Team (CERT), a citizen volunteer organization. CERT is a cooperative effort between the County's Public Safety Department, the City of Port S1. Lucie, the Sheriff's Office, the Fire District, and Indian River Community College Public Service Education Department to train citizen volunteers to be prepared for emergency situations in their community and neighborhood. CERT members give critical support to first responders in emergencies, provide immediate assistance to victims, collect disaster information to support first responder efforts and provide that first neighborhood help in the immediate hours following a major emergency. The program in S1. Lucie County was initiated two years ago and during the past two years more than 120 volunteers have been trained. The program is to be coordinated by a part-time IRCC staff person and by an IRCC instructor who has been assigned liaison responsibility to the program. IRCC will be providing supervision and office space for the program. The Sheriff's Office, Fire District, Public Safety Department will assist in providing training and additionally provide financial contribution of $6,000 each. A grant of $29,000 was secured in 2005 to initiate the program. A grant of $14,741 was secured for the 2006/2007 fiscal year and a grant of $12,000 has been secured for the 2007/2008 fiscal year to continue the program. Funding will be utilized to train an additional 40 new volunteers and to provide advanced training to previously trained volunteers. It is anticipated State funding for the CERT program may be reduced in future years, Alternative future funding for the program may have to be identified. The Board has approved similar interlocal agreements for the CERT program in two prior years. INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this _ day of , 2008, by and among ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"), CITY OF PORT ST. LUCIE (0 Florida municipal corporation, hereinafter referred to as the "City"), ST. LUCIE COUNTY FIRE DISTRICT, an independent special taxing district of the State of Florida (hereinafter referred to as the "District"), ST. LUCIE COUNTY SHERIFF (hereinafter referred to as the "Sheriff"), and INDIAN RIVER COMMUNITY COLLEGE, a Florida public institution of higher education (hereinafter referred to as the "College"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services; and WHEREAS, the State of Florida Department of Community Affairs has awarded the County a Community Emergency Response Team ("CERT") sub grant to augment emergency management resources within the County; and WHEREAS, for purposes of expediency and efficiency, the parties hereto desire to enter into an interlocal agreement governing the administration of the CER T sub grant agreement (the "Subgrant Agreement"). NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties hereto hereby agree as follows: 1. GENERAL This Interlocal Agreement ("Agreement') is entered into pursuant to Section 163.01, et seq., Florida Statutes, the Florida Interlocal Cooperation Act. 2. COUNTY RESPONSIBILITIES 1 ¡ The County shall accept and enter into the 2007/2008 State of Florida Department of Community Affairs Community Emergency Response Team (CERT) Subgrant Agreement for a grant in the amount of twelve thousand and 001100 dollars ($12,000.00) for implementation of the CERT Program. Upon receipt of such grant awards, the County will transfer the funds to the appropriate fund and/or account. The County will reimburse the College from the grant funds according to the terms of the grant contract. The County will review and submit the required reports to the granting agency on behalf of the County and the College. The County will assure that grant administrative procedures are in place and forwarded to the College along with any updates or revisions to such procedures. In addition, the County will contribute six thousand 00/100 dollars ($6,000.00) to the College on or before February 28,2008 for implementation of the CERT Program. The parties shall coordinate implementation of the CERT Program in accordance with the terms and conditions of the Sub grant Agreement. 3. CITY RESPONSmILITIES The City shall contribute six thousand and 00/100 dollars ($6,000.00) towards the implementation of the CERT Program. The City has already transferred these funds to the College. 4. DISTRICT RESPONSIBILITIES The District shall contribute six thousand and 00/100 dollars ($6,000.00) towards the implementation of the CERT Program. The District shall transfer these funds to the College on or before February 28, 2008. 5. SHERIFF RESPONSIBILITIES The Sheriff shall contribute six thousand and 00/1 00 dollars ($6,000.00) towards the implementation ofthe CERT Program. The Sheriff shall transfer these funds to the College on or before February 28, 2008. 6. COLLEGE RESPONSmILITIES The College shall be responsible for the implementation of the CERT Program in accordance with the terms and conditions of the Subgrant Agreement. Upon receipt of the grant 2 1 awards, the College agrees to expend the funds in accordance with the terms and conditions of the Subgrant Agreement. The College shall submit to the County Finance Department all receipts and/or other documentation accounting for all expenditures from the grant funds, as required by the Subgrant Agreement. The College shall transmit all submittals and reports required under the Subgrant Agreement to the County for submission to the granting agency. The College shall comply with the audit provisions of the Sub grant Agreement and shall be responsible for preparing and complying with any corrective action plan in the event that findings and/or recommendations are disclosed in the audit report. The College shall follow the grant administration procedures as approved by the St. Lucie County Board of County Commissioners. 7. TERMINATION The term of this Agreement shall begin on the date first above written and shall continue unless terminated by any party as provided below in Paragraph 8. 8. INDEMNITY Subject to the provisions of Section 768.28, Florida Statutes, the County agrees to indemnify and hold the City, the District, the Sheriff, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the City agrees to indemnify and hold the County, the District, the Sheriff, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the City while acting within the scope of his office or employment under circumstances in which the City, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. 3 Subject to the provisions of Section 768.28, Florida Statutes, the District agrees to indemnify and hold the County, the City, the Sheriff, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the District or any employee of the District while acting within the scope of his office or employment under circumstances in which the District, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the Sheriff agrees to indemnify and hold the County, the City, the District, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the Sheriff or any employee of the Sheriff while acting within the scope of his office or employment under circumstances in which the Sheriff, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the College agrees to indemnify and hold the County, the City, the District, and the Sheriff harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the College or any employee of the College while acting within the scope of his office or employment under circumstances in which the College, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. 9. TERMINATION Any party may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other parties. All responsibility and obligations under this Agreement will terminate at such times as the grant contracts in effect under this Agreement shall have been satisfactorily implemented and terminated. 4 ; 10. WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 11. AMENDMENTS The Agreement may only be amended by a written document signed by all four parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 12. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to County: S1. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: S1. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 If to the City: City Manager City of Port S1. Lucie 121 SW Port S1. Lucie Boulevard Port S1. Lucie, FL 34984-5099 If to District: St. Lucie County Fire District 2400 Rhode Island Avenue Fort Pierce, Florida 34950 If to Sheriff: S1. Lucie County Sheriff 4 700 West Midway Road Fort Pierce, Florida 34950 If to College: Indian River Community College 5 · Attn: Stephen Huntsberger 3209 Virginia Avenue Fort Pierce, FL 34981 12. FILING This Agreement, and any amendments hereto, shall be filed with the Clerk of the Circuit Court of S1. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: CITY OF PORT ST. LUCIE BY: City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney ATTEST: ST. LUCIE COUNTY FIRE DISTRICT BY: Gary Perdew, Clerkffreasurer Chair APPROVED AS TO FORM AND CORRECTNESS: 6 WITNESSES: ATTEST: Secretary BY: Fire District Attorney ST. LUCIE COUNTY SHERIFF BY: Ken Mascara, Sheriff APPROVED AS TO FORM AND CORRECTNESS: BY: Sheriff's Attorney INDIAN RIVER COMMUNITY COLLEGE BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: College Attorney 7 - ~ AGENDA REQUEST ITEM NO.: C - 6 - H DATE: January 22,2008 CONSENT [X] REGULAR [] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery PRESENTED BY: Roberta Breene. Grants Writer SUBJECT: Authorization of the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Emergency Management Preparedness and Assistance Competitive Grant Program requesting an amount not to exceed $200,000 to further a program to provide community collaboration, education, training and preparedness remedies, primarily for low income homes. BACKGROUND: St. Lucie County Community Services, University of Florida Extension Service, INTACT (St. Lucie County's Long Term Recovery Organization) will partner on this project. The award will be used to (1) grant-fund a temporary Community Disaster Liaison to assist voluntary agencies and local government entities in the development and promotion of unmet needs coordination and to create a matrix of available volunteers and donations; and (2) to grant- fund a temporary Windstorm Educator, capable of assessing homes to determine methods of improving their ability to withstand hurricane force winds to provide workshops and other training for County residents to teach inexpensive methods of strengthening ones own homes, The program will coordinate local resources and provide public education and awareness regarding hurricane/disaster recovery, FUNDS AVAIL.: There is no County cash match for this project. Any required match will be in-kind. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management Preparedness and Assistance Competitive Grant Program requesting an amount not to exceed $200,000 to further a program to provide community collaboration, education, training and preparedness remedies, primarily for low income homes, COMMISSION ACTION: [ Xl APPROVED [ 1 OTHER: Approved 5-0 DENIED Mgt & Budget: Public works: Purchasing: Other: 'Î, County Attorney: Originating Dept: I'~~ Finance: (copies only): AgeUF2002.doc .I , To: From: Date: Subject: Board of County Commissioners Roberta Breene, Grants Writer January 9, 2008 BOCC Meeting, January 22, 2008, Consent Agenda Item C - 6 - H Florida Department of Community Affairs, Division of Emergency Management Emergency Management Preparedness and Assistance Competitive Grant Program Following the onslaught of Hurricanes Frances and Jeanne, over 52,000 homes were severely damaged and at least 2,000 home were condemned in St. Lucie County. At one point following the storm events, the FEMA Summary of Temporary Housing indicated that there were 1,090 leased travel trailers on private property, 13 mobile homes on private property, 394 travel trailers on commercial property and 39 mobile homes on commercial property. This program to coordinate local resources and provide public education and awareness, specifically, but not limited to low income homeowners will significantly reduce the long-term costs that could occur if these homes were not retrofitted, The County applied successfully for education funding in 2005 and 2006 and mitigation funding in 2006. The current proposal would further existing programs. The required match will be met with in-kind service. J l ITEM NO. C7-A DATE: 1/22/07 STRATEGIC PLANNING AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval of the short-listed firms to provide Neighborhood Charrette Services: 1. MSCW 2. Glatting Jackson 3. The Genesis Group BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102-1510-534000-100 Other Contractual Services 102-1510-531000-100 Professional Services PREVIOUS ACTION: Initial Submittal 11/27/07, Agenda Item #21 RECOMMENDATION: Staff recommends Board approval of the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short-listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED ( ) OTHER () DENIED Growth Management jJr (X)~ County Attorney (X) Pulled for separate vote. Motion to reject all firms and revisit the RFQ process. Local experience emphasized in process, Approved 5-0 Dougl . Anderson County Administrator Coord i nation/SiQnatures Mgmt & Budget (X) ~ Purchasing (X) ~ Other Finance (>I for copy only if applicable) J PURCHASING DEPARTMENT MEMORANDUM --~'------------~""----~"'-"'-"-----'~--' '~-~~"-"'-''''--''_>''.'' .__.....,,---,,----_._._-_._-~--~-_.*,.._-----,-_._.- --... .._---_._-~ .'.-- - .-- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: January 2, 2008 RE: Board approval of the short-listed firms for Neighborhood Charrette Services Backaround: On March 20, 2007, staff was given permission to issue a Request for Qualifications (RFQ) encompassing Neighborhood-Charrette Planning Services, General Planning Services, and Adjunct Management Services. RFQ #07-048 was issued on April 13, 2007, and closed on May 11, 2007. Two Thousand One Hundred Twenty Three (2,123) firms were notified, Seventy Two (72) firms were issued RFQ packages, and Ten (10) firms responded to the RFQ in total. The projects to be undertaken by the successful firm involve neighborhood and corridor planning for at least two general areas, and potentially other areas that have not yet been determined. For each neighborhood and corridor planning project the consultant will be required to recommend the final detailed boundary for the neighborhood and corridor planning area, and provide analysis and recommendations for land use and zoning issues, land use mix with emphasis on mutually supporting uses, urban design characteristics, environmental factors, highway capacities and conditions, access management, streetscape issues, mass transit, and utilities. Seven (7) firms submitted qualifications for this section of the RFQ. Rankina * 1 *2 *3 4 5 6 7. * Short listed firm. Recommendation: Firm MSCW Glatting Jackson Genesis Group Michele Mellgren & Associates Iler Planning Group Kha Le Huu Ft. Pierce Academy of Design Score 234 220 219 203 198 185 135 Location Stuart FI. Orlando/ West Palm Beach FI. Jacksonville, FI. Ft. Lauderdale, FI. Palm Beach Gardens, FI. Orlando, FI. Ft. Pierce, FI., Staff recommends Board approval of the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short-listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. J .. ITEM NO. C7·B DATE: 01/22/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid (ITB) #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air Mechanical and Services Corporation for $3,937,597.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 316-1930-562000-16011 - Buildings PREVIOUS ACTION: 1.Agenda Item C6-A, 2/13/07 Request permission to advertise an Invitation to Bid (ITB) for the replacement of the air conditioning systems at the Roger Poitras Administration Building and the chiller plant. 2. Agenda Item C11-C, 6/26/07 Rejection of all Bids for ITB #07-050, Construction of Administration Complex Chiller Plant, permission to re-bid the project and Sole Source Siemens Buildings Technologies, Inc., equipment for the administration Complex. 3. Agenda Item C5-D, 10/2/07; Staff recommends Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re-bid the project. RECOMMENDATION: Staff recommends; 1. Board approval to award Invitation to Bid #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air Mechanical and Services Corporation for $3,937,597.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney; and 2. Permission to purchase the sole sourced Siemens Buildings Technologies Equipment and authorization for the Chairman to sign the contract as prepared by the County Attorney; COMMISSION ACTION: þ<) ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) ~ (X)@~ Central Services oug . Anderson County Administrator Coordination/Sianatures Mgmt & Budget (X) ~ Purchasing (X) ~ Other Finance (-..J for copy only if applicable) , " PURCHASING DEPARTMENT MEMORANDUM .. ~_._---_.__._-_..__._--_._---------_.._._,.__._._-- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: January 3,2008 RE: Board approval to award Invitation to Bid (ITB) #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air Mechanical and Services Corporation for $3,937,597.00. BackQround: This ITB was re-bid on November 11, 2007, and the bids were opened on December 21, 2007. Eight hundred twenty one firms were notified, fifty seven bid packages were issued, and three bids were submitted. (See attached Bid tabulation) Recommendation: Staff recommends; 1. Board approval to award Invitation to Bid #08-004, Construction of the County Administration Building Chiller Plant to the lowest responsive, responsible bidder, Air Mechanical and Services Corporation for $3,937,597.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney; and 2. Permission to purchase the sole sourced Siemens Buildings Technologies Equipment and authorization for the Chairman to sign the contract as prepared by the County Attorney; , , BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR PLANT Bid #08-004 - COUNTY ADMINISTRATION BUILDING CHILLER TABULATION SHEET OPENED: DECEMBER 21,2007 AT 2:00 P.M. ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. Three (3) submittals were received: TOTAL BID AIR MECHANICAL & SERVICES CORP. 325 Anchor Rd., Casselberry, FI. 32707 $3,937,597,00 Fax: (407) 699-0690 SIEMENS BUILDING TECHNOLOGIES, INC. 2969 SW 42nd. Avenue, Palm City, FI. 34990 $3,972,311.00 Fax: (772) 464-9942 HYVAC, INC. 3400 SW 10 th Street, Deerfield Beach, FI. 33442 $4,383,000.00 Fax: (954) 214-7858 Number of companies notified*: 821 Number of bid documents distributed*: 57 Number of bids received: 3 *per demandstar.com ITEM NO. C7-C DATE: 01/22/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to list the following S1. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process: 1. 1.57 +/- acre site located at the NE corner of U.S. 1 & N. 25 S1. (former Ugly Boat Site) 2. 2.32 +/- acre site (west parcel) & 3.05 +/- (east parcel) located in the Airport Industrial Park. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to list 81. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process, and authorization for the Chairman to sign the contract (for the auction process) as prepared by the County Attorney. COMMISSION ACTION: ~) APPROVED ( ) OTHER () DENIED County Attorney (X) [)V (~ Airport Pulled from consent and placed on the Regular Agenda. Approved 5-0 Motion to go out for proposals. l;oora I natIOnJ;)IQIIClLU I as Mgmt & Budget () Purchasing (X) ~ Other Finance (...¡ for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: January 4,2008 RE: Board approval to list the following S1. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process. Backaround: In order to purchase the 29 acre parcel south of the new runway (RW9/27R), Airport staff has identified certain properties to be sold to help fund the up to $3 Million needed to purchase the 29 acre parcel. The two vacant parcels in the Airport Industrial Park [2.32 +/- acre site (west parcel) & 3.05 +/- (east parcel)], and four vacant parcels on the northwest corner of US 1 and 25th Street [1.57 +/- acre site (former Ugly Boat Site)] are being proposed for sale. Two appraisals have been obtained for the parcels (attached), Recommendation: Staff recommends Board approval to list 81. Lucie County International Airport properties for sale through auction or the Request for Proposals (RFP) process, and authorization for the Chairman to sign the contract (for the auction process) as prepared by the County Attorney. .. .~ -I , DEIGHAN CONSULTANTS PHONE: (772) 221-3650 506 Colorado Avenue Stuart, FL 34994 deig han@bellsouth.net FAX: (772) 221-3649 , , LETTER OF TRANSMITTAL I August 13, 2007 I Ms. Joann Riley, Property Acquisition Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Summary Appraisal Report Former Ugly Boat Site Fort Pierce, Florida 34946 Our File #DKD-2007-009 I , Dear Ms. Riley: I As requested, to provide an opinion of the market value of the above-cited subject property, we have inspected the property, its economic environment and surrounding neighborhood, researched and inspected sales and offers of similar properties, and studied all other pertinent factors. The purpose of this assignment has been to develop an opinion of the value of the subject property, as of August 3, 2007. The function of this report, or its intended use, is for your use in internal decision making. The opinions and conclusions have been developed solely with consideration, therefore, for that function and do not address requirements for any other use or by any other party. Please refer to the assumptions and limiting conditions in this regard. This is a summary appraisal report in accordance with all the exercises, procedures, and analyses necessary therefore and stipulated by USPAP Std. I. The report is intended to confonn to the appropriate and pertinent rules and regulations for appraisal as promulgated by US PAP, the Appraisal Institute, the State of Florida, and the Appraisal Foundation and associated Standards Board. A summary report is provided, intended to comply with the USPAP guidelines therefore -- Std. 2-2[bJ _ wherein the data and analyses inherent to the appraisal are summarized with no excessive or extraneous discussions. I Based on all pertinent infonnation, the investigation, and analyses, we have concluded the following market value of the fee simple estate for the subject properties, "as is", as of August 3,2007: $155,000 I , J ì ì Ms. Joann Riley August 13, 2007 I I The preceding statement of value is predicate upon any and aU assumptions and . limiting conditions contained within this appraisal report. In regard to compliance with the Competency Provision of the USPAP, we have been appraising these types of properties in this area for more than twenty-five years, Enclosed is an appraisal report, which describes the property appraised, and shows the valuation procedures used in arriving at the preceding value conclusions. I f We appreciate the opportunity to have been of service to you. If you have any questions, please call. Very truly yours, /(~~ Robert Kunkle St. Reg. Trainee REA, RI995 I lJ~/( .o~ Daniel K. Deighan, MAl State-Cert.Gen.Appr. #244 rkldkd Enclosure 2 ,.. ~., j , SUMMARY OF SALIENT FACTS AND CONCLUSIONS FILE #DKD-2007-009 Project: ì I County: Property Owner: I I Site Size: Improvements: Land Use: I I Highest and Best Use: As Vacan t: As Improved: Date of Value: Final Estimate Value: I I I I Assessed Value 2006: Taxes: Land Size Assessed: Improvements Assessed: Property Inspection(s): , , , , , Other/Misc. Data Utilities Available: Flood Zon.e: Property Rights Appraised: Reasonable Exposure Time: Fonner Ugly Boat Site, FortPierce, Florida 34946 S1. Lucie S1. Lucie County 1.57 acres, total of 4 parcels None Industrial Industrial N/A August 3, 2007 $155,000 $125,100 (all four parcels) $0.00 1.57 acres 3,500 SF and 1,200 SF, although these buildings have been removed. The building assessments total $61,800. December 8, 2006 by Robert Kunkle, S1. Reg. Tr. REA, unaccompanied, and November 30, 2006 by Daniel K. Deighan, MAl, unaccompanied. An update inspection was completed August 3, 2007 by Robert Kunkle, unaccompanied. Telephone, electricity, water & sewer X, Map Panel #J20285C 0176F fee Simple Estate 3-6 months 4 L .- I - r I , t f ¡ .. FULLER·AH1\fFIELD_W AGNER Appraisal & Research, Inc. Daniel D. Fuller, l\fAI, SRA 120 North Second Street Phone (772) 468-0787 St. eer!. Gell REA RZ567 Fort Pierce, FL 34950 1-80ll-213.7J64 email: FAW_app@bdlsouth.net Fa.y (772) 46&-1103 August 20, 2007 Ms. JoAnn Riley Property Acquisition Manager St. Lucie County Board of County Commissioners 2300 Virginia Ave. Fort Pierce, FL 34982 Re: 1.57,: acre tract of land, located at the NE corner of U.S. 1 & N. 25TH St., lying east & west of Ridgehaven Rd., 51. Lucie Co., FL Dear Ms. Riley: As requested. I have inspected the referenced property, and I have made an analysis of the market influences affecting the subject property. This is for the purpose of providing you my opinion of the market value of the fee simple interest in the property as of August 9,2007, my last date of inspection. The appraisal and report meets the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP), The appraisal is presented to you in a "Summary" report format The appraisal and report is subject to the Límìting Conditions, Extraordinary Assumptions, and Certification included within this report, Based upon the data and my analyses of the data presented in this report, the following is my opinion: Market Value, fee simple interest, as of August 9, 2007: $375,000 I believe you will find my appraisal and report complete, but if questions exist please contact me at your convenience. lIer, MAl en. REA RZ567 ASF/DOF/asf fcommfì!e 18718 US 1 , , - - ~ I ~ I I , . .. 1 SUMMARY OF IMPORTANT FACTS · Location: · Property Type: · Purpose of Appraisal: · Property Rights Appraised: · Use of the Appraisal: · User of the Appraisal: · Date of Appraisal · Date of Inspection: · Inspected by: · Date of Appraisal Report: · Report Prepared: · Report Format: Property Data · Land/Site: Size: Frontage: Depth: · Zoning: · Land Use: · Highest and Best Use: · Census Tract: · Flood Zone: NE corner of U.S. 1 and Ridgehaven Road, east and west of Ridgehaven Road, St. Lucie County, Florida. 1 ,57.:t acre vacant commercial site Establish Market Value Fee Simple Establish value for potential sale Client: St. Lucie County Board of County Commissioners August 9, 2007 August 9, 2007 Daniel D, Fuller, MAl August 20,2007 August 2007 Summary ~ containing a summary of the data and analysis with complete details retained in the file, 1 . 57.:!:: acres - total area 420.:t feet (U.S. 1) 385.:!:: feel (Ridgehaven Road east side) 263.:!:: feet (Ridgehaven Road west side) Irregular CG - General Commercial COM - Commercial Develop with owner occupied commercial property, 10 Zone X (FEMA rvJap 12111C0176 F, 8/19/1991) Market Value, Fee Simple Interest, as of August 9, 2007, is: $375,000 FrJT J ;p.n.A T?\\<fl?l1n n HI' """""n -"-~ - ~ 14 14 114 - ~ ~ ~ f4 ~ .~ ~ ~ q ~ , , ö PROPERTY OWNER and SALES HISTORY Current Owner Sf. Lucie County 2300 Virginia Avenue Fort Pierce FL 34982 Sale History Based on the public records reviewed, no recent .sales of the subject are known to exist. The subject is not currently fisted for sale. .!,&ase Data The subject is not leased, thus leased fee valuation is not applicable. LEGAL DESCRIPTION The following legal descriptions are from the Lucie County Property Appraiser's Assessment Rolfs and should not be used for legal purposes: WILLIAM CARLSAN'S SUBDIVISION FROM SW COR LOT 3 RUN E 85106 FT, TH N 125 FT FOR POB, TH CONT N163.37 FT, TH E 16126 FT TO W RfW RIDGEHAVEN RD. TH SLY 163.44 FT, TH W 155 FT MIL TO POB (AS PER HB 4029 EFF 10/1198) WiLLIAM CARLSAN'S SUBDIVISION FROM SW COR LOT 3 RUN E 851,06 FT FOR POB, TH N 125 FT, TH E 155 FT MIL TO W RfW RiDGEHAVEN RD, THSLY ALG RfW 125 FT M/L TO S LI LOT 3, TH W 150 FT TO POS-LESS S 25 FT FOR MILTON RD RfW- (AS PERHB 4029 EFF 10/1/98) WILLIAM CARLSAN'S SUBDIVISION THAT PART OF LOT 2 LYG WLY OF W RIW US 1 AND EL Y OF E RfW RIDGEHAVEN RD (AS PER HB 4029 EFF 10/1/98) WiLLIAM CARLSAN'S SUBDIViSION THAT PART OF LOT 3 LYG W OF NEW US 1 RIW AND E OF OLD US 1 RfW-lESS S 25 FT FOR MiLTON RD RIW- (0.44 AC) (AS PER HB 4029 EFF 10/1198) .E;asements Easements on the subject are unknown. Please see Ordinary Limiting Conditions #5 concerning easements. . A Location Map I Subject Photograph exhibit is included in the following pages. I'J ·vlr" 'fPO . y·,.."""'1I'r............ ~'~T. r-.....*~__" *"t!] a -' - ...- - - - * -- - - .- - ,- .. Oat. use ¡uejeell. icense. 'f) 2004 Delorme. Str.e! At... USM, 2CC~ t ~¡ - 2: ZONING AND LAND USE CLASSIFICATION · Authority: · Administered by: SI. Lucie County Board of County Commissioners. St Lucie County Community Development department Zoning Classification · CG/Commercial General " Q II " If -- - - ~ - , 1 , The Commercial General (CG) zoning classification is a district intended primaríJy for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, etc, together with such other uses as may be necessary to and compatible with general commercial surroundings. Permitted Principal Uses and Structures Permitted uses include most business offices, automobile dealerships, retail stores, services, restaurants, building materials, hardware and garden supply, equipment rental and leasing services, recreation and amusement, public and social services. Conditional uses include motor vehicle repair services, household goods warehouse and storage-mini-warehouses, amusement parks, hotels and motels, and liquor stores. Restrictions within the district are as foHows: Minimum lot size 20,000 square feet Minimum lot width 100 feet Minimum road frontage 60 feel Minimum yards, front 25 feet rear 20 feet sides 10 feet Maximum bldg. height 60 feet Maximum lot coverage 50% Land Use Classifications · COM, Commercial. The Land Use classification is the same as the zoning classification. In my opinion, the present zoning and land use classifications allow a variety of uses for the subject, in keeping with expected neighborhood development trends, allowing the subject to be developed to its highest and best use. J I I I , 22 CONCURRENCY Concurrency is the comparison of any proposed development's impact on public facilities and the capacity of the public facilities that are, or will be, available to serve the proposed development Compliance with concurrency is required of all proposed new development in St Lucie County. Since the subject property is vacant, compliance with concurrency will only be known when a development site plan is submitted for approval. ~ , , - I , , , - , q ~ , , , I I I , 24 UTILITIES Utilities presently provided to the subject are as follows · Electric: · Water: Florida Power and Light Ft. Pierce Utilíties Authority water main forthcoming along the east side of U,S. 1 Force main along the east side of U.S. 1 Private contractor · Sewer: · Trash: The subject has the potential of central utility service, but lines are or will be along the east side of U.S, 1 thus jack and bore or some other method to cross U.S. 1 is required to access the service. FLOOD ZONE --'tJ:MÄ')MAS:,# .....~ 7'--::MÄR;OiIè _---.J~~J 11 C0176 ~,,-,_ "1 __Ä(jgust 19c1§t~J ',' ',... F£P.OQ"'ó}4Ë ':-:---l . 'i-,..,~" .-..t-L. .,..,.,..... :.' .. I X ' _._~,..._,_,..,_I Zone X, identified on the flood map as a "white" area - "Areas determined to be outside 500-year flood plain", It II II II II " , I - I I I I I I 25 PROPERTY DESCRIPTION 1.57± acres 420± feet (U.S. #1) 385± feet (Ridgehaven Road, east side) 263± feet (Ridgehaven Road, west side) Depth: Irregular · Shape: Irregular and a split site. The subject consists of two parcels of land; one fronting U.S. 1, triangular shape, with Ridgehaven Road along the parcel's west property line. The second parcellíes west of Rídgehaven Road. The U.S. 1 portion of the subject totals .63 acres with a triangle shape, thus functional utility of the site is limited. That part of the subject west of Rìdgehaven Road is ,94 acres in area with a rectangle shape which could adequately function as a independent site but with secondary exposure to U.S. 1. Combined the functional utility of both parcels is greatly improved. Plus combined there is the potential of abandoning Ridgehaven Road lying between the subject sites, thus adding to the total site area and further improving the property's functional utility. · Site Map: See following exhibit Site . Area: Frontage: Topography and Drainage · Topography: West portion of subject is level, with the east part downward sloping to North U.S. 1 · No known adverse topographical conditions. · Drainage: Natura! sheet flow "as is" but development will require engineered drainage. Access and Exposure · Access: Two street frontages - the site fronts U,S. 1 to its east and is bisected by Ridgehaven Road. Ridgehaven Road is accessed from U.S. 1 but dead ends at the subject's south property line. A!though Ridgehaven Road dead ends into the north right of way for North 25th Street, the North 25th Street road bed is considerably lower than Ridgehaven Road, thus a steep drop on topography and a road bed is required to physically connect the two roads, Connecting the two roads does not significantly improve the utility of each road, thus there is no reason to make the connection either now or in the future thus a good reason for the adjacent owners to seek abandonment of Ridgehaven Road. · In the area of the subject U.S. 1 is a four lane divided highway with a grass median. U.S. 1 peaks a few hundred feet north of the subject then proceeds in a downward slope past the subject The nearest median cut occurs 'X± mile north of the subject or at the intersection of U.S. 1 and North 25th Street. The subject forms 'If . . I "" 26 .....""-... .'" -- ----.- - - .- - - .... - - - - - - ...... - - - .... (70Hxœ-ooOi4) 1674Ac o " \ .\ ./ , ! \ I \ \ \ \ \ . ': . \ " J01-öO\I.' dooi8) '\ \ .12 Aè (7,01-00\ s.. Ó<kJ/6) \ ,~ A.: \ \ \ \ \ \ ... ~ 1!t ., LOU (701.0009 265 Ac I . i ;¡;.ð __w~___.___.______ lOT) ;<$150 (70' {lJ'2·00( ß' 1 ,0 & ~>l' « nl f1çt·OO''''~ A9Ac 19<: M,t I '/ /T ,Þ' --""'~ RMt~aw .- .-' -- ...... .- -- ..- -- ..-- ..- -- ,," (l ~' ,-1151 \ (21C (} -- Site Map (subject in red) III II If If III ~ Q 27 II II II ~ ~ III ~ ~ I Aerial Photo (subject in red) Note: building has been demolished , II - II - , , - I , ~ ~ I I I I r , 'f):' L, ,.) SITE DESCRIPTION (continued) the northwest corner of US. 1 and North 25th Street., but the downward slope of the terrain creates a sleep bank at the immediate comer and along North 25th Street, thus the subject can not be easily accessed from the immediate corner or North 25th Street. Therefore, access to the subject is either via Ridgehaven Road from US, 1 at the subject's north property line or along the subject westerly U.S. 1 frontage. Overall ingress/egress is average and even if Ridgehaven Road is abandoned, access will remain as average. · Exposure: Is average for the subject's market segment Past and Current Use The subject was previously occupied by a owner occupied auto repair facility and most recently a boat builder. The buildings were damaged in the 2004 hurricanes and subsequently razed. There are remnants of the buildings remaining on the site, i.e. footer, concrete pad, plus the County is using the site for bulk storage. My opinion of value assumes the former and current uses have not environmentally contaminated the sileo It is expected the remaining foundations/slabs, etc. will need to be removed to develop the site. Also, as previously discussed in this report, the property surrounding the north and west sides of the subject has been under a auto salvage yard use for many years, and it is assumed the use has not contaminated the subject Adíacent Land Uses · North: Occupied by an auto salvage yard. · East: Across U.S, 1, vacant commercial properties · South: Across North 25th Street, vacant land. · West: Occupied by an auto salvage yard. The adjacent auto salvage yard may not be conducive to some uses on the subject, but generally otherwise the subject is unaffected by other neighborhood uses. I I r 39 SALES COMPARISON APPROACH (continued) Conclusion Based on the available data, and my previously discussed analysis of the data, it is my opinion the market value of the fee simple interest in the subject 1.57 ± acre (68,389 square feet) subject of this appraisal, as of August 9, 2007, is in the range of the $5.50 per square foot, calculating to a total value of (rounded): THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($375,000) · ~ , ., I I I I I I I I I I I I I I I I I DEIGHAN CONSULTANTS PHONE: (772) 221-3650 506 Colorado Avenue Stuart, FL 34994 deighan@bell.south.net FAX: (772) 221~3649 LETTER OF TRANS MITT AL August 13,2007 Ms. Jo~nn Riley, Property Acquisition Manager St. LucIe Countv 2300 Virginia Á venue Fort Pierèe, Florida 34982 Re: Summary Appraisal. Report Vacant Airport Industrial Lots Fort }'ìerce, Florida 34946 Our File #DKD-2007-009 Dear Ms. Rìley: As requested, to provide an opinion of the market value of the above~cited subject property, we have inspected the property, its economic environment and surrounding neighborhood, researched and inspected sales and ofIers of similar properties, and studied all other pertinent factors. The pUrJlose of this assignment has been to develop an opinion of the value of the subject property, as of August 3, 2007. The function of this report, or its intended use, is for your use in internal decision making. The opinions and conclusions have been developed solely with consideration, therefore, for that fìmction and do not address requirements for any other use or by any other party. Please refer to the assumptions and limiting conditions in this regard. This is a summary appraisal report in accordance with all the exercises, procedures, and analyses necessary therefore and stipulated by USPAP Std. I. The report is intended to conform to the appropriate and pertinent rules and regulations for appraisal as promulgated by USP AP, the Appraisal Institute, the State of Florida, and the Appraisal Foundation and associated Standards Board. A summary report is provided, intended to comply with the USPAP guidelines therefore.. Std. 2-2[b] - wherein the data and analyses inherent to the appraisal are summarized with no excessive or extraneous discussions. Based on all pertinent information, the investigation, and analyses, we have concluded the following market value of the fee simple estate for the subject properties, "as is", as of August 3, 2007: 2.32-Acre Lot 3.05-Acre Lot $230,000 $300,000 · , Ms. Joann Riley August 13, 2007 The preceding statement of value is predicate upon any and all assumptions and Iìmiting conditions contained within this appraisal report. In regard to compliance with the Competency Provision of the USPAP, we have been appraising these types of properties in this area for more than twenty·five years, Enclosed is an appraisal report, which describes the pryperty appraised, and shows the valuation procedures used in arriving at the preceding value conclusions. We appreciate the opportunity to have been of ser.'ice to you If you have any questions, please call. Very truly yours, /(~~~J¿ Robert Kunkle St. Reg. Traín{~e REA, RI995 J lJ~/( ,()~ Daniel K. Deighan, IvlAJ State-Cert.Gen.Appr. #244 rkJdkd Enclosure 2 · or--.. ,-~-- SUMl\LARY OF SALIENT FACTS AND CONCLUSIONS FILE #DKD-2007-009 Project: I , I I I I I I I I I I I County: Property Owner: Site Size: Improvements: Land Use: Highest and Best Use: As Vacant: As Improved: Date of Value: Final Estimate Value: A~sessed Value 2006: Taxes: Land Size Assessed: Improvements A~sessed: Property Inspection(s): OtheriMisc. Data Utilities Available: Flood Zone: Propert)' Rights Appraised: Reasonable Exposure Time: Vacant Airport Industrial Lots, Fort Pierce, Florida 34946 St Lucie St. Lucie County 2.32 acres and 3,05 acres None Industrial Industrial N/A August 3, 2007 2.32-acre lot $230,000 3.0S-acre lot $300,000 2.32-acre [at $151,900 3.05-acre [ot $199,200 $0.00 2.32 acres and 3.05 acres None December 8, 2006 by Robert Kunkle, St. Reg. Tr. REA, unaccompanied, and November 30, 2006 by Daniel K. Deighan, MAl, unaccompanied. An update inspection was completed August 3, 2007 by Robert Kunkle, unaccompanied, Telephone, electricity, water & sewer X, Map Panel # 120285C Ol76F Fee Simple Estate 6-9 months 4 Subject Location Ja¡rh?lf'id5 Goff Cnur>se " S-t Lude eúl/fity ¡(ltl (t\ : 1';U~S~~::=r =::::,':~~,1 ~ (' I. 'Ji!ÜŠ';;'t~ I) ¡E~¡~,(N"'-~-: î l ~~--1"~ --I , ' ~,~~~~ I I -;;¡"'--~~h',!M.Ou II CMÛ I II ,..--"\.. _'š!ßJ~~?:J , ~ iE :t .,._~.MN~S",lC ~ ii. CRO." vúarfil?it>?'Pain1 .1 t; i ~~ CA.~;n.' 'F'^>-it f: ~," ' r 1.&,'-"-',,9' z" l i"" (:ltW_",,~ ~': "1'. ;; '~"~ if " , it; o B e, <r l1 ~ .""'", " 'f2~ll Sllwdo,Ç", "" -, I I I ,., ¡~ ~,."'""_.~ AERIAL MAP Parcel outlines are an estimate, not to scale. l , LEGAL DESCRIPTION 232-acre parcel -- Airport Industrial Park, Unit 1, Block I, Lots 8 and 9, 3.05-acre parcel - Airport Industrial Park, Unit I, Block 2, Lots 9, 10, and wesl 140.62 feet of LOIS. I I I I , I 1 i I ¡ , 17 CORRELA TION Estimate of Land Value: Sale # 1 is the August 2006 conveyance of 1.44 acres for $130,000, or $2.07/SF. The size is a similar aspect. It is located in the northern County area, similar to the subject. It is similar to the subject in all aspects. It is afforded high consideration in the analysis due to the amount of adjustments and suggests that the subject would sell for S2.07/SF. Sale #2 is the June 2006 conveyance of 2.44 acres for $315,000, or $2.96/SF. The size is a similar aspect. It is simîlar to the subject in all aspects, It is located in the northern County area, similar to the subject. It is afforded high consideration in the analysis due to the amount of adjustments and suggests that the subject would sell for S2.96/SF. Sale #3 is the May 2006 conveyance of2.32 acres for $140,000, or $1.39/SF. The size is a similar aspect. It is located in the northern County area, similar to the subject. The frontage on Industrial I Avenue is inferior to the subject due to no access to a paved road. It is similar to the subject in all other aspects. his afforded moderate consideration in the analysis due to the amount of adjustments and suggests that the subject would sell for Sl.53/SF. Sale #4 is the January 2006 conveyance of a 2.89-acre parcel for $324,000, or $2.57/SF. The size is a similar aspect. It is similar in location, topography, land use and utilities to the subject, and no adjustment is warranted. The frontage on St. Lucie Boulevard is superior to the subject due to greater exposure to traffic. This sale receives low consideration in the analysis due to the date of the sale and suggests the subject would sell for $2.44/SF. Based upon the preceding analyses, most weight overall is accorded to Sales 1 and 2, with lesser weight given to Sale 3 and least weight to Sale 4. We conclude a value for tile subject property would fall in the middle portion of the indicated $1.53/SF to $2.96/SF range. Thus, I have concluded a value for the subject property, as is, as of August 3,2007, of: S2.25/SF x 2.32 acres (101,059 SF) "" $227,383 $230,000 (R) $2.25/SF x 3.05 acres (132,858 SF) = 298,931 $300,000 (R) RECONCIUA nON As the subject is vacant land and we have only used the Sales Comparison Approach, no reconciliation is necessary. Reasonable Exposure Time and Reasonable I\larketin~ Period: . Based on our analyses and discussions with brokers, and upon the definitions ofthese concepts [supplied in the Addenda), we conclude a reasonable exposure time for the subject, "as is", of 6-9 months, which is also representative of the reasonable marketing period. ?(j ~ . FULLER-AR~fFIELD- \V AGNER Appraisal & Research, Inc. Daniel D. Fuller, MAl, SRA 120 N. Second Sr. Phone (771) 468.0787 Sr. Cert. Gen, REA RZ567 Ft. Pierce, FL 34950 1-800-273-73M FA \\·_app@bcllsouth.net Fax (772) +63-1103 August 20, 2007 Ms. JoAnn Riley Property Acquisition Manager St Lucie County Board of County Commissioners 2300 Virginia Ave, Fort Pierce, FL 34982 RE: 2.32,± acre & 3.05,± tracts of land located in the Airport Industrial Park, accessed by a unnamed street from Industrial Avenue Two, St. Lucie County, FL Dear Ms. Riley: As requested, I have inspected the referenced property and I have analyzed the subject property's market segment. My inspection and analysis is to provide you my opinion of Market Value of the Market Value of the Fee Simple Interest in the two referenced acreage tracts of land, as of August 3, 2007, my date of inspection. The appraisal meets the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP), presented in a Summary report format The appraisal and report is subject to Limiting Conditions, Extraordinary Assumptions, and Certificate of Appraisal included within this report. Based on the analyses presented in this report, my opinion of the Market Value of a Fee Simple Interest in the subject sites, as of August 3, 2007, is as follows: 2.32! acre site (west parcel) . 3.05,± acre (east parcel) . $400,000 $530,000 DDF/asf #18718 tlf - - Q ~ - ~ ~ , I I I ! ~ . SUMMARY OF IMPORTANT FACTS · Location: · Property Type: · Purpose of Appraisal: · Property Rights Appraised: · Use of the Appraisal: · User of the Appraisal: · Date of Appraisal: · Date of Inspection: · Inspected by: · Date of Appraisal Report: · Report Prepared: · Report Format: Property Data West Parcel: · Land/Site: Size: Frontage: Depth (average): · Improvements: East Parcel: · Land/Site: Size: Frontage: Depth (average): · Improvements · Zoning: · Land Use: · Census Tract: Airport Industrial Park, accessed by a unnamed street from Industrial Avenue Two, St. Lucie County, FL Vacant tract of land with an Industrial Land Use classification which allows most commercial and industrial uses (residential is not a legal use) Establish Market Value Fee Simple Establish value for potential sale Client: St. Lucie County Board of County Commissioners August 3, 2007 August 3, 2007 Daniel D. Fuller, MAl August 20, 2007 August 2007 Summary - containing a summary of the data and analysis with complete details retained in work file. 101,059 square feet (2 platted sites) 242.25 feet (Unnamed Street) 422 feet None 132,858 square feet (3 platted sites) 242.25 feet (Unnamed Street.) 548,62 feet None IL - Light Industrial IND - Industrìal 10 1;'11'1 T vn .4 nl\.Kt':"YVT ""10. .'1f oil· r'"t""'f~Y"lo 2 SUMMARY OF IMPORTANT FACTS (continued) . Flood Zone: · Highest and Best Use: Zone X (FEMA Map 12111C0176 F, 8/19/1991) Industrial West Parcel: Market Value, Fee Simple Interest, "as is", as of August 3,2007, is: $400,000 East Parcel: Market Value, Fee Simple Interest, "as is", as of August 3, 2007, is: $530,000 );'nr ,J ,);'1). A n1\,flil);'r n.\:v A el\Jp.n t 11 - ~ - ~ ~ c- - ~'- ~ - LOCA rlON MAP t . Oata UM $ubjé:d to IiceI\$O o 200~ OeLorme. Street Atlu USA\ll200S, www,dtbtmc.C1lm ~mí o y. 1 iY. 2 2% Pot. Zoom 11..0 I?TI'f T VI') .ì.ß1\,.fVTVIO \.l.!A r'lA!VD ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ 14 II 'I II ~ q , , -i..-S Aerial photo of subject parcels I'll FIll J ,F.R-A RMt;'H;'JTL'''' "eN];'}) , , , 21 ZONING AND LAND USE CLASSIFICATION I Authorized by: Administered by: St. Lucie County Commission Sf. Lucie CountyGrowth Management Department Zoning: IlIlndustrjal light Industrial (Il) The purpose of the Ught Industrial (lL) zoning classification is to provide and protect an environment suitable for light manufacturing, wholesale and warehousing activities that do not impose undesirable noise, vibration, odor, dust or other offensive effects on the surrounding area, together with such ether uses as may be necessary and compatible with light industrial surroundings. Permitted uses include the following: 1. Automobile and truck rental services 2. Construction services 3, Equipment rental and leasing services. 4. Gasoline service stations. 5. Most manufacturing actìvìlíes, 6. Motor freight transportation 7. Motor vehicle and other repair services 8 Packing and Crating Services 9. Retail trade establishments. 10. Warehousing and storage - excluding stockyards. 11. Wholesale trade establishments. Lot Requirements: Minimum Lot Size. Minimum Lot Width Minimum Road Frontage Maximum Bldg. Coverage Maximum Bldg. Height Front Setback. Side Setback Side Setback (corner) Rear Setback 20,000 square feet 100 feet 60 feet 50 percent 50 feet 25 feet 1 0 feet 20 feet 20 feel Land Use Classification St. Lucie International Airport Mixed Use Activity Area, with Specific Use of Commercia III ndustrial. lHa.J .li'D~ A DlI..!I171P.l T\ U.! A "1\.rr:u f I I I I I I 22 ZONING AND LAND USE CLASSIFICATION (continued) Commercial or Industrial land Use designation is applicable to areas in the Mixed Commercial/Industrial Area, This area may accommodate all commercial zoning districts or light or heavy industria! users. Areas should be located at points of high transportation access, with specific action taken to prevent the development of new linear commercial strips. Office and general retail uses are considered the principal uses within the Commercial designated areas. Industrial areas must have all necessary services prior to development. and require buffered areas from incompatible uses. Residential uses are not allowed. CONCURRENCY Concurrency is the comparison of any proposed development's impact on public facilities and the capacity of the public facilities that are, or will be, available to serve the proposed development. Compliance with concurrency is required of all proposed new development in St Lucie County. Since the subject property is vacant, compliance with concurrency will only be known when a development site plan is submitted for approval. 'r:\'f·,.. .........T"ft . ....-..... ."...--."........,,-,.- "'^'" .....--.. r".... .._~...... Q Q q II II II II I I I , I I r , 24 UTILITIES Ulilìties available to the subject are as follows: Electricity Water: Florida Power and Ught Company Public water is available along Jefferson Parkway a block east of the subject, supplied by the Ft. Pierce Utmties Authority Force main one block east on 25th Street. It is unknown if connection is available, otherwise sewer ;s provided by on-site septic. Private Contractor Sewer: Trash: FLOOD ZONE According to the Federal Emergency Management Agency National Flood Insurance Program Map No. 12111 C0176F, dated August 19, 1991, the subject appears to be in Flood Zone X. Flood Zone X lies in an area determined to be outside the 500-year flood plain. ?'"1 L' LEGAL DESCRIPTION - West 2.32 acres The following legal description was complied by the appraiser from County Property Appraiser Assessment Rolls and is only to identify the subject thus should not be used for legal purposes. AIRPORT INDUSTRIAL PARK·UNIT 1, BLK 1, LOTS 8 AND 9 (AS PER HB 4029 EFF 10/1/98) Easements No unusual easements are known to exist but your attention is directed to Ordinary Limiting condltions #4 concerning easements. , , I I 28 SITE DESCRlPTION - West 2,32 acres Size (area & dimensions) Area: Frontage: Depth: 2,32± acres 242± feet (unnamed street) 422± feet (average) Site Map: See following exhibit Shape - Corner or Inside Location · Subject is a corner site, but east-west adjacent Industrial Avenue 1 is unopened, thus the subject functions as a interior site, · Road frontage on unnamed street accessed by Industrial Avenue Two is adequate to support use of the property. · The property's shape is good for development. Topography and Drainage · Topography appears level and at or slightly below the grade of the adjacent roadway, The site is heavily wooded and tree mitigation may be required, · Drainage - Status of the drainage is unknown, plus the site is overgrown and it appears the drainage has not been maintained for several years, thus natural sheet flow to surrounding ditches is expected to be the site's typical system. Access - Exposure · Access - Adequate for the subjects market and size. · Exposure is average, Overall Utility of the Site · Average for the property's location, shape and market segment. Negative Influences · The subject is overgrown, requiring clearing and because the subject could not be totally accessed it is unknown if speelmen trees exists which may require mitigation or creative development planning if they remain on the site. Adjacent land Uses · Mixture of acreage tracts some of which are native vacant land, others are improved to industrial. Surrounding uses are typical to this portion of the neighborhood and do not adversely affect the subject Site / Building Improvements · No building improvements, I?TI'J T If'7".l-') j. 'r¡.JIt. .Y'l'l"T:'\'W ........ ""(J j, ~"''f'''''''''''''' 29 -1 ~ ,\I ~ ) r ~ " ('9o ) .- \.. ,.' - _!N1.l.WÂTJl.J.U ....A..IéL.rt.U.£. ....!l'LJJ._.__._. ! , ,. .;..::t ; t '); I. I' ,.. ~ fJ >4 It' ., ;; ~ H I ~ 4 " .. . I - UN·NAMED STREET I n s ~ 6 .. 1 , . . .. I M (501. (50 .. .. : . {SOl -0015- (501-OO16- .. 0017· I COO/{l 00013) OOOlO) , .. 10-" l' f"J ¡ J' . tQ' , .. « 1 " :1" - .. . I [:- .. -- .. , l {: f ¡ " , 0 t ,. t , ., " ... .. FT. PIERC! ORT & AIRPCf504~OI4) I . I .. (501-00ZO-OOOJ4) .. n IÓ 9 N I n ,0 ~ a B -<. .. .. '" .,:~~ .. . I .. 10--00011) !.. ~ , " ¡¡oJ 1t1 ¡ '\. 'II) ~ , . t ~ . ~ ., , " INDUSTRIAL ~VENUE ONE ~ UNDEVELOPED STREET /' ì ... , to <. M ," lJa ¡¡'" ~ '¡3 '" ~ 2 In '" , J '$1.1 9 't!Ì " $l .. ö ,. Ii! I .. l<l .. .. 4 10 ~ :ii \a ~ ~ . 0 ¡¡ lÎì >l I II .. I ¢ l<: 17 . 1t 17 $ 2J $I - .. , 5ì ~ 21 l ~ ) ø .. ] 0 J\ '" :iI :21 16 S '6 i ~ '/' . . , .. I - Site Map (subject in red) 17'11'1 Y 1'::'0 À. n',4VT;pl' T'\. "("It -' ¿-¡1I\.T.~n 10 ,.,¡;"",' Aerial Photo (subject in red) y;o,Y'fy'1l ¥",,'rl. ¿ ...,"!I...~..--r";T........ ...." r-t,.,....'''"'\. I ~ - - ) - - - ~ ~ , q , I I I ft I I " 31 HIGHEST AND BEST USE - West 2.32 acre tract Highest and Best Use was previously defined in the Introductory section of this report. Since the subject is a vacant tract of land only one analysis of Highest and Best Use is required, Physical Constraints A given property has potential to be developed with an almost infinite range of uses, broadly categorized as commercial, industrial, residential, agricultural, institutional, and governmental. The first limitation in determining highest and best use of a particular property is physical - that is, with what uses can a property be physically improved? Following are a summation of the primary physical considerations: . Subject had adequate physical access via a unnamed street access via Industrial 2nd Avenue. Industrial Avenue One along subject's south line is platted and can be opened by adjacent owners. · Subject's topography appears level but subject will require clearing. The one physical negative may be the lack of central sewer seNice which at times is required for industrial users. Extending sewer service to the property which could be very costly. Subject consists of two legal platted sites but in order to develop two independent parcels a owner will have to open Industrial Avenue One. · The subject can also be assembled with adjacent vacant tracts to create a larger industrial site, however it is unlikely that assemblage is a real advantage to the subject's potential physical use. In summary, physically "as is" the subject can support a wide array of industrial and/or commercial uses. Legal Constraints The primary legal constraints are zoning and land use classifications, deed restrictions, concurrency. etc. In the subject's case: · legally, subject's use is restricted by zoning and land use designations. Subject's zoning is IULight Industrial, thus can be developed with an industrial use. Subject's land use classification is an Industrial Use. Residential is not an allowed use. · The subject can be legally developed under the two platted lots, but again a street needs to be constructed to develop the west lot. · legally the subject can also be assembled with adjacent vacant land. In summary legally the subject "as is" can be developed with a variety of industrial and perhaps some commercial uses. ....·~·..·TT ... -Y"1T'IL "...-...... "-Y""!-'l"T"'J'Ji' ¥"'II. "'...~, ~-""''f'_!W<-'" I I I I I I I 39 SALES COMPARISON APPROACH (continued) In summary, in my opinion the most applicable data indicates the subject's value say in the range of $4.00 per square foot. At $4.00 per square foot x the subject's 101,059 square feet (2.32 acres), the subject's total value calculates to: $404,236, rounded to $400,000. In summary, based on the available data, and my previously discussed analysis of the data, it is my opinion the market value of the fee simple interest in the subject west 2.32.:t acre tract, as of August 3,2007, is: FOUR HUNDRED THOUSAND DOLLARS ($400,000) "r'I'-,'- ..- 'Ir'>~ I; ...."'\11>. "'·'T'l.......'r y, ""., ~ ,,~,y~~"" w q q 11 II II II q " q g I I I I I I I , " t11, LEGAL DESCRIPTION The following legal description was complied by the appraiser from County Property Appraiser Assessment Rolls and is only to identify the subject thus should not be used for legal purposes. AIRPORT INDUSTRIAL PARK·UNIT ONE, BLK 2, WEST 14062 FT OF LOT 8, AND ALL LOTS 9 AND 10 (AS PER H8 4029 EFF 10/1/98) Easements No unusual easements are known to exist but your attention is directed to Ordinary Limiting conditions #4 concerning easements. , , I I I I I I I I 42 SITE DESCRIPTION - 3.05 acres Size (dimensions) Area: Frontage: Depth: Site Map: 3.05± acres 242± feet (unknown street) 549± feet (average) See following exhibit. ShaDe - Corner or Inside Location · Subject is an interior, rectangle site. · Road frontage on unnamed street accessed by Industrial Avenue Two, adequate to support use of the property. · The property's shape is average for development. TODography and Drainage · Topography appears level and at or slightly below the grade of the adjacent roadways. The site is mostly wooded and tree litigation may be required. · Drainage - appears to be natural sheet flow to surrounding ditches. Access - Exposure · Access - Adequate for the subjects market. · Exposure is typical for a industrial park setting. . Overall Utility of the Site · Average for the property's location, shape and market segment. Negative Influences · The subject is overgrown, requiring clearing and because the subject could not be totally accessed it is unknown if specimen trees exists which may require mitigation or creative development planning if they remain on the site. Adjacent Land Uses · Mix of improved and unimproved. Surrounding uses are typical to this portion of the neighborhood and do not adversely affect the subject. Site I Building Improvements · No building improvements. l;'iT!l J l?n Å l",)1\if'J':'!Y'r'l'l' ....... ''''';l. r'.xr1l!"'''''''' Q Q 43 If Q ~ :!!<.< t> ) r \. ~ ! . )~\.. 1 ~ ~ _lW.Jl.U-S.l.!l.U..l...J"", 1'..lt\JL, _1 'fW. I I I I. I INDUSTRIAL A¡VENUE ONE-=.::::::::J---UNOEVELOPEOSTREET l_ / \ II ¡ 0 ~ . Q , 11") ~ ~ ,. ~ . " " A I ~ ð . ; " " ,. : , 0 . , ø. , .. , . . ::09 l t ~ FT PIERCE [PORT II AIRP~\J)~1l0/4) ~ . ; " '" .. " 9 A , ~ . '" '" " . 1 O-OOO!l) " , .. , .. ~ I ~_ .) IJ IJ IJ IJ - ~ ~ j ~ - , ì - ~ ;¡. .<) ~ '" I 1 -4 ~ .. ~,) " r-1 UN·NAMED STREET I A , ¡501· · (50 l.oo! $. (501 ·OOIt,· (50 ~ 0017. OCOill) 00013) 000/0) z . . ". . . . OJ " , lIJ " :6. '0 . '.. ., ,. " · (501·002?.?oo14 i .. '" III g · ~ · ,,/ '" ,} , 10" ,., " 1 ,. ! :. I ¡ I I I I I j 1 ~ C ., , < " 'll na ¡¡'" J 131 1.2J c' ,., , 1 ,. , ~ ,~ Sl I' 0 Ie e 19 2:ð 2 ! ~ ,~ þ " I · 1$ · ~ ,a ...~ .. ~ . 0 ¡¡¡ ¡ " " I · '" l! · g 3l II Ii! S :Xl ~ . ¿ · Iil I g I · 'ð ¡;¡ 2' $ 's ~ ZI ¡¡¡¡¡¡ " i! ~ :, · 2' · . , . . - Site Map (subject in red) ~ ~ , , , I I I I I I I I I I I I 44 Aerial Photo (subject in red) 'I I I I I I I I I I I I I I I I I I i " "'1,-" HIGHEST AND BEST USE - East 3,05 acre tract Highest and Best Use was previously defined in the Introductory section of this report, Since the subject is a vacant tract of land only one analysis of Highest and Best Use is required, The highest and best use of the subject 3,05 acre tract of land is identical to the highest and best use of the adjacent previously analyzed 232 acre tract For this reason a highest and best use analysis is not repeated for the subject 3,05 acre tract, but rather you are referred to the highest and best use analysis for the previous 2,32 acre subject. In summary, in my opinion. the Highest and Best Use of the subject "as is" is to immediately develop with an owner occupied or single tenant build to suit improvements in the industrial, manufacturing or distribution facility market segment. 46 SALES COMPARISON APPROACH - East 305 acre tract Since the subject 3.05 acre tract is essentially identical to the previously valued 2,32 acre tract, the same sales are analyzed, and analysis is not repeated. A Summary of the sales and their comparability to the subject 3,05 acre tract is found in the previous Sales Summary Exhibit My opInion of the per acre value of the previously analyzed 2.32 acre tract was $4.00 which is applicable to the subject 3,05 acres, Applying $4.00 per square foot to the subject 305 acres (132,858 square feet) tract of land calculates to a total value of $531,432, rounded to $530,000. In summary, based on the available data, and my previously discussed analysis of the data, it is my opinion the market value of the fee simple interest in the subject 3,05i: acre tract, as of August 3, 2007, is: FIVE HUNDRED THIRTY THOUSAND DOLLARS ($530,000) II .. ITEM NO. C7-D DATE: 01/22/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Sid (ITS) to replace the service. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Account#001-1920-546006-100 (Equipment Maintenance - Sublet) PREVIOUS ACTION: On May 23, 2006 Agenda Item 5M, the SOCC awarded S1. Lucie County Sid No. 06- 048 to Snappy Auto Care, Inc. On February 27,2007, Agenda Item C9-D the SOCC approved the 1st amendment to contract #C06-05-346 with Snappy Auto Care, Inc. On April 3, 2007, Agenda Item C5-A, the SOCC approved the second amendment to contract #C06-05-346 with Snappy Auto Care, Inc. RECOMMENDATION: Staff recommends Board approval to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service. COMMISSION ACTION: t<) ( ) APPROVED OTHER () DENIED Approved 5-0 Central Services k f- (X) G~ County Attorney (X) Coordination/Sianatures Mgmt & Budget (X) ~~~ Purchasing (X) ~ Other Finance (;j for copy only if applicable) ¡I "" ~ . , - "~_ l~' L ',.'. ,.': ' ~- J:: PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, CP.M., Purchasing Director DATE: January 4, 2008 RE: Board approval to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service. BackQround: On May 23, 2006 Agenda Item 5M, the BOCC awarded St. Lucie County Bid No. 06-048 to Snappy Auto Care, Inc. On January 3, 2008, Snappy Auto Care, Inc. notified staff via a letter, (attached) that they were going out of business. Recommendation: Staff recommends Board approval to cancel contract #C06-05-346 for Preventive Maintenance for Cars and Pickup Trucks with Snappy Auto Care, Inc, and permission to advertise an Invitation to Bid (ITB) to replace the service. ~~I""ut. Car. to 46"704 at 1/'1..os, ~i>3' PM " SlJnoorlûnd. IOtè is 10 iHfi.lI'lll ~'()ll that. dac 10 (;ìr~;Uml>íal1ces bound om C(l(III(l Smtppf ."lHe Care rue. Vt'ilJ be gÓll1' dOCl'/> ',01" good on ]¡mUal)' 30", t was :I plensure being rout ...'Chlcle oil cl¡a.nge :rròViået' ior (lie last two ye<lf5 l\nd maybe one dllY we can: '.0 bu,sincss together C)occ tm)¡,c. Öoi/()/)i 1IM!;S, ,;,)1.1 ttnscll1do )wIlel' of Snappy Atrto Care /:::·"-1i'·~_J·':tóÎ/ d /J /í!.. "'~f/'·,_~·;\-_h """""Ì' - /- /,1)" t... .,.t ¡'f . . h,. / / (¿-1 C-..·(l.ít".f<./".)l:<..7 ,. !-; ITEM NO. C7-E DATE: 01/22/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to conduct contract negotiations for Request for Proposals (RFP) #07- 083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 491-2415-568000-200- Software PREVIOUS ACTION: BOCC approval to advertise 7/24/07, agenda Item C6-S RECOMMENDATION: Staff recommends 1. Board approval to conduct contract negotiations for Request for Proposals (RFP) #07-083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated, and 2. Authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: r<) ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) /1 Code Enforcement (X) Doug s . Anderson County Administrator COO'd¡n..onJS¡~u",s~ Mgmt & Budget (X) Ih Purchasing (X)~ Other Finance (-V for copy only if applicable) ,I 't. PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M" Purchasing Director DATE: January 4,2008 RE: Board approval to conduct contract negotiations for Request for Proposals (RFP) #07-083; Code Compliance Software for Permitting and IVR replacement with the top ranked firm, Municipal Software (City View Package) to include concurrent negotiations as necessary with additional firms until a contract is negotiated. BackQround: The Code Compliance Division requested approval to issue an RFP for the replacement of its permitting, interactive voice response (IVR) inspection system and code enforcement software system with one fully integrated system. Funds have been allocated under the Building Enterprise Fund, number 491 2415568 000-200. The RFP was issued on July 27, 2007 and closed on August 29, 2007. Five hundred eighty six firms were notified, forty sets of RFP documents were issued, and eight responses were received (see attached tabulation sheet). One firm was declared non-responsive due to not submitting the required information. The firms were evaluated using the following categories: Software functions Cost Project approach(Architecture/ Programming language) Staffing Experience/Expertise Project experience (completed) Project Schedule References Project Staff Location/Response Time Sorfware Licensing Application Security The evaluations of the firms is as follows: Firm Score (Maximum Score-725) *Municipal Software-City View 515 Adept 496 Calvin Giordano 475 CRW 468 Energov 465 Accela 461 * Submitted two different proposals. Recommendation: Location Victoria, BC Tallahassee, FI West Palm Beach San Diego, Ca Duluth, Ga San Ramon, Ca Staff recommends Board approval to advertise a Request for Proposals (RFP) for Code Compliance for Permitting and IVR replacement. f \ TABULATION SHEET - RFP #07-083 AUTOMATED/INTEGRATED PERMITTING /INSPECTlONS /INTERACTlVE VOICE RECOGNITION (IVR) I CODE ENFORCEMENT AND CONTRACTOR LICENSING SYSTEM OPENED: AUGUST 29,2007 AT 2:00 P.M. The following submittals were received: 1. Accela Automation Contact: Julian D. Munoz, Phone: 925-659-3200, Fax: 925-659-3201 2633 Camino Ramon, Bishop Ranch 3, Suite 120, San Ramon, CA 94583 2. Adept Technoloaies Inc. Contact: Barbara Anglisz, Phone: 850-364-4654, Fax: 646-452-2779 1700 N. Monroe St., Suite 11-132, Tallahassee, FL 32303 3. CRW Systems, Inc. Contact: Linda Donnelly, Phone: 858-451-3030, Fax: 858-451-3030 16980 Via Tazon Suite 320, San Diego, CA 92127 4. Calvin Giordano & Associates, Inc. Contact: Dennis J. Giordano, Phone: 561-684-6161, Fax: 561-684-6360 560 Village Blvd., Suite 340, West Palm Beach, FL 33409 5. EnerGov Solutions Contact: Mark Beverly, Phone: 888-355-1093, Fax: 678-474-1002 2763 Meadow Church Road, Suite 220, Duluth, GA 30097 6. Municipal Software - City View 9 Contact: lain McLean, Phone: 800-665-5647, Fax: 250-475-6080 4464 Markham Street, Suite 1108, Victoria, BC V8Z 7X8 7. Municipal Software - Local Government Manaaer Contact: lain McLean, Phone: 800-665-5647, Fax: 250-475-6080 4464 Markham Street, Suite 1108, Victoria, BC V8Z 7X8 8. Selectron Technolo!:lies, Inc. Contact: Todd A. Johnston, Phone: 866-878-0048, Fax: (503) 443-2052 7405 SW Tech Center Dr., Suite 140, Portland, OR 97223 Number of companies notified: 586 Number of bid documents distributed: 40 Number of bids received: 8 *per demandstar.com [2J / e7-~ '", ' . . ~ COUNTY" , FLORIDA COW' AGENDA REQUEST DATE: 01f.221G7 REOULAR () PUBLIC HEARING ( ) CONseNT ( x ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED QY: PURCHASING OEPARTMENT PRESENTED BY: Neil Appel, Purc:hasing DIrector lUßJECT: Board approval to advertIse an Invitation!o Bid for the sale of!wo (2) Pond doctor Aeration Units. BACKGROUND! Please see attached memorandum. FUNDS~Le.: N/A PREVIOUS ACTION: Ses the attached memorandum. RECOM&,tENDATION; Staff recommends Board approval to Idvertise an Invitation to BId for the sale of two (2) Pond doctor Aeration Unlt8, Pulled prior to the meeting. COMMISSION ACTION- ( ) APPROVED () DENIED ~ . OTHER u o s M. Anden;on County AdmInistrator County Attorney (X) Solid Waste (X) JJc ~ Coordination/Signatures Mgmt & Budget () PurClla61ng eX) ~ Finll0Ç8l'1lllr copy only If appllC<ltll8 ) Other , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: January 7, 2008 RE: Board approval to advertise an Invitation to Bid for the sale of two (2) Pond doctor Aeration Units. BackQround: Two Pond Doctor Aeration Units were installed and operational on September 30, 2006. These units were removed from service after one (1) year. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid for the sale of two (2) Pond doctor Aeration Units. L' , ITEM NO. C7-G DATE: 1/22/2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid (ITB) #07 -115, Aquatic Vegetation Control to the lowest responsive. responsible bidder, Aquagenix. for the cost of $397,946.28 (Corrected amount due to scrivener's error) BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Various Departments - Other Contractual Services PREVIOUS ACTION: On December 18, 2007 BOCC approved the award of Bid #07-115 to Aquagenix RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (Corrected amount dloli to scrivener's error), and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: )<) ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) jy Road & Bridge () Coordination/Sianatures Iß-.. A Mgmt & Budget (X) ~ f}t~ Purchasing (X) ~ Other Finance (J for copy only if applicable) 110 . PURCHASING DEPARTMENT MEMORANDUM -------,-- ~ - ,-_....__._~-_..,- -" --,....~.__._.__._.~--,------'~-- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: January 9,2008 RE: Board approval to award Invitation to Bid #(ITB) 07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (corrected amount due to scrivener's error) BackQround: The Road and Bridge Division is responsible for the maintenance of approximately 10 lakes, 15 retention areas and 4 large canals. The current contract (Aquagenix Contract C02-11-124 for Aquatic Vegetation Control) expired on September 30, 2007 and there were no additional renewals left. The division does not have the in-house resources or certified technicians that are mandatory for the chemical spraying and mowing required. This ITB was originally issued 7/29/07, but all bids were rejected due to a discrepancy in the bid documents. This ITB was re-issued on September 30,2007, and opened October 31, 2007, Five hundred fifty eight firms were notified, thirty one bid packages were issued, and three bids were submitted (see attached Bid Tabulation). On December 18,2007, the Board approved the award of Bid #07-115 to Aquagenix in the amount of $395,702.16. It was determined that there was a mathematical error and the award is being revised to $397,946.28. Recommendation: Staff recommends Board approval to award Invitation to Bid #07-115, Aquatic Vegetation Control to the lowest responsive, responsible bidder, Aquagenix, for the cost of $397,946.28 (Corrected amount due to scrivener's error), and authorization for the Chairman to sign the contract as prepared by the County Attorney. AI' " , BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #07-115 - AQUATIC VEGETATION CONTROL SERVICES TABULATION SHEET OPENED: OCTOBER 31, 2007 AT 2:30 P.M. Three (3) submittals were received: Three Year Combined Total De Angelo Brothers, Inc. dba Aquagenix 1374 N. Killian Dr. #A $397,946.28 , Lake Park, FI. 33403 Fax: (561) 881-1293 Aquatic Vegetation Control, Inc. 6753 Garden Road, Suite 109 $473,413.28 " Riviera Beach, FI. 33404 Fax: (561-) 845-5374 Arazoza Brothers Corporation P.O. Box 924890 $509,617.11 , Homestead, FI. 33031 Fax: (305-246-0481) * Math Errors ** Combined total not entered Number of companies notified': 558 Number of bid documents distributed': 31 Number of bids received: 3 'per demandstar.com .. ..... AGENDA REOUEST ITEM NO. C8 DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Request to approve Budget Resolutionc&o-\ßfor the Emergency Management Preparedness and Assistance Trust Fund Base Grant. BACKGROUND: N/A FUNDS WILL BE AVAILABLE: ~;:-- 001428-2510-334202-200 PREVIOUS ACTION: On October 23, 2007, the Board of CÇ>unty Commissioners approved the Emergency Management Preparedness and Assistance Trust Fund Base Grant, in the amount of $105,806.00, less $2,847.00 for State of Florida Communication Services. The Revenue was included in the Budget the Fiscal Year 2007-20008. -- -..... RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize Budget Resolution 08-048 and authorize the Chairman to sign. COMMISSION ACTION: r<] APPROVED [] DENIED [ ] OTHER: ouglas Anderson County Administrator Approved 5-0 County Attorne : Review and Approvals ~ A . Management & BUdget~ t11J~ Purchasing: Other: other: if applicable) Eff. 5/96 JAN I I Lv",!) if· '\ ST. LUCIE COUNTY DEP ARMTMENT OF PUBLIC SAFETY DIVISON OF EMERGENCY MANANGEMENT MEMORANDUM SUBÆCT: Board of County Commissioners St. Lucie County Dep_ of Public Safe~ Budget Resolution 08- for the Emergency Management Preparedness and Assistance Trust Fund Base Grant. TO: FROM: DATE: January 2, 2008 On October 23,2007, the Board of County Commissioners approved the Emergency Management Preparedness and Assistance Trust Fund Base Grant, in the amount of $105,806.00, less $2,847.00 for State of Florida Communication Services. Staff recommends the approval of Budget Resolution #08-048 and authorize the Chairman to sign. /// , i "... RESOLUTION NO. 08-048 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through a grant from the Florida Department of Community Affairs award letter agreement # for $105,806 less $2,847 for State of Florida Communication Services. The total funding of $102,959 from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance County it's Emergency Management Program in the 2007-2008 fiscal year. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2200 day of January, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 001428-2510-334202-200 Dept of Community Affairs-Pub Safety $102,959 APPROPRIATIONS 001428-2510-534000-200 001428-2510-540000-200 001428-2510-541000-200 001428-2510-543000-200 001428-2510-544100-200 001428-2510-546000-200 001428-2510-546100-200 001428-2510-547000-200 001428-2510-547005-200 001428-2510-549300-200 001428-2510-551000-200 001428-2510-551200-200 001428-2510-551501-200 001428-2510-552000-200 001428-2510-554100-200 001428-2510-554200-200 001428-2510-599300-200 Other Contractual Services Travel Communications Utilìties Equipment Rental Equipment Maintenance Building Maintenance Printing & Binding Printing & Binding-Materials Center Licenses & Fees Office Supplies Equipment < $1000 Office Supplies-Computer Operating Supplies Books & Subscriptions Training-Seminar Registrations Reserves $10,000 $ 5,000 $10,000 $15,000 $13,230 $ 3,000 $ 2,000 $ 2,500 $ 5,000 $ 1,000 $ 5,000 $ 6,000 $ 4,000 $15,000 $ 1,000 $ 1,000 $ 4,229 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF JANUARY. 2008. · , ,...... ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ITEM NO. C-9 It DATE: January 22,2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS. DIRECTOR SUBJECT: Request direction from the Board on recommended properties to be sold to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport BACKGROUND:. At previous budget meetings and discussions on priorities for state legislative appropriations funding, Airport staff was directed to look at selling properties in order to fund the acquisition of a 29 acre parcel south of the new runway. Airport staff had previously provided the Board with an exhibit showing four parcels at the northwest corner of US 1 and 25th Street and two parcels within the Airport Industrial Park, which are proposed to be sold. Two appraisals were completed on these parcels, the value of which range from a total of $685,000 to $1,305,000 depending on the appraisal. In addition, staff had requested funding for the 29 acre parcel from the Florida Department of Transportation in FY 2009. Unfortunately, the approved work plan has been published and no new FOOT grant funding is available for this land acquisition. In order to secure the funding needed, additional land other than the six parcels noted above, must be sold. This request js to get direction from the Board on proceeding with the appraisal process on the parcels located between US1 and Ridgehaven ROM. There are 13 parcels in this area with a total acreage of 6.48 acres. All of these parcels were purchased for noise mitigation purposes and were previously rezoned to CG, Commercial General. An exhibit showing the location of these parcels is attached. FUNDS AVAILABLE: Not applicable PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends the Board provide direction on the sale of properties between Ridgehaven and US 1 to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County Internation rport. COMMISSION ACTION: Pulled from consent CONCURR (, ) APPROVED () DENIED and placed on the (~ OTHER Regular Agenda. Board concurred to place on the 2/12/08es Agenda. County Attorney ( ~.no- ~ _. . Originating Dept. ( Other ( ) Finance: (check for copy, only if app Icable)_ DOU A DERSON COUNTY ADMINISTRATOR Purchasing ( ) Other ( ) ~ ; BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: January 4, 2008 Re: Request direction from the Board on recommended properties to be sold to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport ******************************************************************************************************************* At previous budget meetings and discussions on priorities for state legislative appropriations funding, Airport staff was directed to look at selling properties in order to fund the acquisition of a 29 acre parcel south of the new runway. Airport staff had previously ~rov~ded the Board with an exhibit showing four parcels at the northwest corner of US 1 and 251 Street and two parcels within the Airport Industrial Park, which are proposed to be sold. Two appraisals were completed on these parcels, the value of which range from a total of $685,000 to $1,305,000 depending on the appraisal. In addition, staff had requested funding for the 29 acre parcel from the Florida Department of Transportation in FY 2009. Unfortunately, .the approved work plan has been published and no new FOOT grant funding is available for this land acquisition. In order to secure the funding needed, additional land other than the six parcels noted above, must be sold. This request is to get direction from the Board on proceeding with the appraisal process on the parcels located between US 1 and Ridgehaven Road. There are 13 parcels in this area with a total acreage of 6.48 acres. All of these parcels were purchased for noise mitigation purposes and were previously rezoned to CG, Commercial General. An exhibit showing the location of these parcels is attached. Staff recommends the Board provide direction on the sale of properties between Ridgehaven and US 1 to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport. J , ,~~ !i /-~.. ~"l!''1í .11.!T'·/' ,.W l~ Page 1 of 1 Douglas Anderson - Consent item c9a!!!!!!!!!!!!!!!!! From: To: Subject: cc: Douglas Anderson Lewis, Diana Consent item c9a!!!!!!!!!!!!!!!!! Outlaw, Faye How can the board provide direction on an agenda item when it is placed on the consent agenda????????????????????? about: blank 1/21/2008 ITEM NO. C-9-B DATE: January 22,2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request approval for Work Authorization #8 for LPA Group to provide design, permitting assistance, bidding & construction phase services in support of the Electrical Vault upgrade at the St. Lucie County International Airport, for a lump sum cost of $29,014.00. BACKGROUND: The electrical vault that powers the lighting, signs and navigational equipment on the airfield needs to be upgraded to add capacity and replace existing regulators. This will aJlQw the expansion for future electrical needs and provide improved reliability for airfield electrical facilities. In September 2007, the Board accepted a Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) grant and approved Resolution 07-273 for FDOT to fund 80%, or $167,525, and a local match of $41,881 for a total project cost of $209,406. In November 2007, the Board accepted Budget Resolution 07-342 establishing the funding account for this project. FUNDS AVAILABLE: Funds are available in 140352-4220-563005-4806 (Infrastructure-Consulting Engineering). PREVIOUS ACTION: Board accepted FDOT JPA in September 2007 and approved Resolution No. 07-273. Board approved Budget Resolution No. 07-342 which established the account forthe project in November 2007. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve LPA Group Work Authorization #8 in the amount of $29,014.00 for design, permitting assistance, bidding and construction phase services, in support of the electrical vault upgrade at St. Lucie County International Airport, and authorize the Chair or designee to execute same. COMMISSION ACTION: t<) APPROVED () DENIED ( ) OTHER Approved 5-0 ¡':}sfcounty Attorney ( ) -) kú Mgt. & Budget ( ) Originating Dept. (vf'16 Other ( ) Finance: (check for copy, only if applicable)_ Purchasing ( ) Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: January 8, 2008 Re: Request approval for Work Authorization #8 for LPA Group to provide design, permitting assistance, bidding & construction phase services in support of the Electrical Vault upgrade at the St. Lucie County International Airport, for a lump sum cost of $29,014.00. ******************************************************************************************************************* The electrical vault that powers the lighting, signs and navigational equipment on the airfield needs to be upgraded to add capacity and replace existing regulators. This will allow the expansion for future electrica~ needs and provide improved reliability for airfield electrical facilities. In September 2007, the Board accepted a Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) grant and approved Resolution 07-273 for FOOT to fund 80%, or $167,525, and a IDcal match of $41,881 for a total project cost of $209,406. In November 2007, the Board accepted Budget Resolution 07-342 establishing the funding account for this project. Staff recommends that the Board of County Commissioners approve LPA Group Work Authorization #8 in the amount of $29,014.00 for design, permitting assistance, bidding and construction phase services, in support of the electrical vault upgrade at St. Lucie County International Airport. WORK AUTHORIZATION NO. 08 CONTRACT C07 -04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the _ day of , 2008, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport - FPR Aitfield Electrical Vault Improvements (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto which are attached hereto and made a part of this work authorization and incorporated herein Page 1 of 2 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total lump sum amount of twenty-nine thousand fourteen and 00/100 dollars ($29,014.00), as further detailed in Exhibit "8". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work within the schedule described in Exhibit "A". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: WITNESSES: COUNTY ATTORNEY THE LPA GROUP INCORPORATED BY: Print Name: Title: Page 2 of 2 L.~ THE LPA GROUP INCORPORATED Transportation Consultants 615 CRESCENT EXECUTIVE COURT, SUITE 200 . LAKE MARY, FL 32746-2146. 407-306-0200 . FAX 407-306-0460 January 8, 2008 Mr. Todd Cox Airport Manager 81. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, Florida 34946 RE: Contract for Consulting/Professional Services (Contract No. C07-04-213) Proposal for FPR Airfield Electrical Vault Improvements St. Lucie County International Airport Dear Todd: Enclosed is our proposal for the subject project. If you have any questions, or need additional information, please call. Encs. cc: Mohsen Mohammadi, LP A File (TA72 1007.1 c) ATLANTA. BATON ROUGE. CHARLOTIE. COLUMBIA. GREENSBORO. JACKSONVILLE. KENNESAW. KNOXVILLE. UTTLE ROCK McLEAN. MOBILE. NASHVILLE. OCEAN SPRINGS. ORLANDO. RALEIGH. SARASOTA. TALLAHASSEE. TAMPA. WEST PALM BEACH EXHIBIT A SCOPE OF SERVICES Airfield Electrical Vault Improvements St. Lucie County International Airport 1. Proiect Description St. Lucie County International Airport (SLCIA) desires to make improvements to the airfield electrical vault, located on the west side of the airport, near the Air Traffic Control Tower. 2. General Scope of Work The scope of work is based on correspondence provided by the Airport Manager on October 22,2007, as well as a subsequent site visit by Hillers Electrical Engineering, Inc. (LPA Sub) on October 29, 2007. The scope has the following elements: 1. Relocate generator to outside of Vault building, and provide generator enclosure. 2. Fill-in and Stucco windows. 3. Evaluate existing roof and design/coordinate repair work if needed (including permits and building department review). 4. Provide Air Conditioning system. 5. Replace Regulators. The scope items listed above will require LPA to complete the following tasks as part of this scope: 1. Review record electrical drawings. 2. Generate a digital base drawing of the Vault, compatible with AutoCAD 2004. 3. Coordinate with Airport, County Planning & Zoning, County Utiiity Authority (FPUA), and Generator Manufacturer. 4. Complete on-site electrical load test verifications and assessment of existing and future conditions. This tasking is important to gain accurate information as to future capacity and capability as the airport expands. The runway 9L-27R electrical circuits entering the vault will be examined, based on the information provided to LPA by the Airport from the new runway designer (PBS&J). 5. Complete all electrical & mechanical calculations. Design shall be per all FAA, NEC and County Standards criteria. 6. Complete electrical & mechanical systems design for the relocation of the existing generator system located in the interior of the vault to the exterior of the vault. Includes plans reflecting electrical & control conduit and conductors systems, generator exterior l50mph rated enclosure, fuel piping systems, and concrete pad, grounding systems and equipment layouts and installation details. 7. Complete electrical and mechanical systems design for the new HVAC for vault. Includes plans reflecting electrical and control conduit and conductors systems and HV AC equipment layouts and installation details. HV AC system plans should include comparison of dueted system versus an in-place windowed system. 8. Complete electrical design for the replacement of the runway & taxiway airfield lighting current regulators with new units for vault. Includes plans reflecting electrical & control conduit and conductors systems and regulator equipment layouts and installation detaiis. Also includes new electrical test bench area. FPR Airfield Electrical Vault Improvements Page A-I of5 1/8/2008 9. Evaluate existing roof to determine if any repair is needed and complete a specification for repairs, if needed. . 10. Provide Design, Bidding, and Construction Phase services. Assumptions The following assumptions are essential to the successful completion of the project: 1. Record drawings (hardcopy) exist for the building, which the SLCIA has provided to LPA in PDF/Scanned format. 2. Existing generator system is operational. Project Budget It is understood that the overall total project budget is $209,406.00, from which design, construction and administrative costs must be drawn. 3. DesÏlm Phase: 90% Documents Scope This phase involves those activities required for defining the scope of a project and establishing project requirements. Items of work for this phase include: 1. Conferring with the AIRPORT on project requirements, finances, schedules, early phases of the PROJECT, and other pertinent matters; and meeting with concerned agencies and parties on matters affecting the PROJECT; 2. Developing design schematics, sketches, project recommendations, and preliminary layouts and cost estimates. 3. Prepare necessary engineering reports and recommendations; Deliverables LPA will deliver the final versions of the following, suitable for bidding: 1. Plans (llx17) 2. Technical specifications, draft of applicable front-ends 3. Preliminary Engineer's Estimate 4. Preliminary Estimated construction time/schedule (Contractor's) 4. DesÏl!B Phase: 100% Documents: Scope Upon completion of the Airport's review, LPA will prepare final documents for bidding purposes, incorporating the final comments from the Airport, and coordinate with County Purchasing Department on specific county requirements for bid preparation. 1. Advise AIRPORT of any adjustments to the preliminary estimate of probable construction costs caused by changes in general scope, extent or character or design requirements of the PROJECT, or market conditions. Furnish to AIRPORT a revised opinion of probable construction costs based on the Final Drawings and Specifications; 2. Prepare for review and approval by AIRPORT, its legal counsel and other advisors, necessary Bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the AIRPORT and Contractor; and, FPR Airfield Electrical Vault Improvements Page A-2 of 5 1/8/2008 3. Distribute documents for approvals to AIRPORT, Federal, State, and other regulatory agencies. Deliverables LPA will deliver the final versions of the following, suitable for bidding: 1. Plans (llxI7) 2. Project Manual (technical specifications, bid form, advertisement language) 3. Final Engineer's Estimate 4. Estimated construction time/schedule (Contractor's) 5. Biddinl! Phase Services: After authorization to proceed with the Bidding Phase, LPA shall: 1. Provide assistance as needed to COUNTY PURCHASING regarding advertising for and obtaining bids for each separate prime contract for construction. 2. Conduct a prebid conference for each separate prime contract to share pertinent bidding and technical information and requirements with prospective bidders. 3. Issue addenda as appropriate to interpret, clarifY or expand the Bidding Documents. 4. Review bid tabulation sheets and assist AIRPORT in evaluating bids or proposals. COUNTY PURCHASING assembles and awards contracts for construction, materials, equipment and services. 5. Provide conformed construction plans and technical specifications, to be used by COUNTY PURCHASING to issue Issued for Construction Package. Printing and reproduction to be completed by COUNTY PURCHASING. Deliverables LPA will coordinate with COUNTY PURCHASING in providing a recommendation of award, with engineer's bid tabulation. LPA will deliver two sets of original bid documents to COUNTY PURCHASING It is assumed that COUNTY PURCHASING will provide legal advertisement of project, assembly and reproduction of the bid documents, distribution of bid documents and addenda, bid opening, and preparation and distribution of Conformed Construction Documents (plans, project mal1Ual). LP A will not attend bid opening. LPA will provide FDOT with any hard copies of electronic versions of bid documents, as well as necessary certification of the project 6. Construction Phase Services: LP A's responsibility to provide Basic Services for the Construction Phase under this AGREEMENT commences with the award of each Contract for Construction and terminates at the earlier of the issuance by the AIRPORT of the final Certificate for Payment or 30 days after the date of Substantial Completion of the Work; 1. As this project is FDOT -funded, all grant requirements as specified by FDOT must be met; 2. LP A shall attend and administer the preconstruction conference; FPR Airfield Electrical Vault Improvements PageA-30f5 118/2008 " 3. LPA will submit all permit packages for preliminary review by County Building Department including any permit set needed for contractor to pull and pay for permitting. 4. Visits to Site and Observation of Construction: In connection with observations of the work ofContractor(s) while it is in progress: a. LPA shall make visits to the site at intervals appropriate to the various stages of construction as LP A deems necessary in order to observe as an experienced and qualified design professional the progress of the various aspects of Contractor(s)'s work. Based on information obtained during such visits and on such observations, LP A shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and LPA shall keep AIRPORT informed of the progress of the work; b. If AIRPORT requests more extensive site representation than is described in above, LPA will provide a Resident Project Representative(s) as a Special Service; c. LPA shall not during such visits or as a result of such observations of Contractor(s)'s work in progress, supervise, direct or have control over Contractor(s)'s work nor shall LP A have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performcing their work. Accordingly, LPA can neither guarantee the performance of the construction contracts by C ontractor( s) nor assume responsibility for Contractor(s)'s failure to furnish and perform their work in accordance with the Contract Documents; 5. Defective Work: During such visits and on the basis of such observations, LPA may disapprove of or reject Contractor(s)'s work while iLis in progress if LPA believes that such work will not produce a completed PROJECT that conforms generally to the Contract Documents or that it will prejudice the integrity of the design .concept of the PROJECT as reflected in the Contract Documents; 6. Interpretations and Clarifications: LPA shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. All change orders must be coordinated and approved by the COUNTY. 7, Shop Drawings: LPA shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the PROJECT. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto; 8. Substitutes: LPA shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s), until they become excessive and unreasonable; 9, Inspections and Tests: LPA shall have authority, as AIRPORT's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents); 10. Disputes between AIRPORT and Contractor: LPA shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of AIRPORT and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents FPR Airfield Electrical Vault Improvements Page A-4 of 5 118/2'008 pertaining to the execution and progress of the work. LP A shall not be liable for the results of any such interpretations or decisions rendered in good faith; 11. Applications for Payment: Based on LPA's on site observations as an experienced and qualified design professional, LPA shall review and approve Contractor's pay applications. 12. Contractor(s)'s Completion Documents: LPA shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certUicates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals, the results certified indicate compliance with, the Contract Documents); and shall transmit them to AIRPORT with written comments; 13. Inspections: LPA shall conduct an inspection to determine if the work is substantially complete and a fmal inspection to determine if the completed work is acceptable to AIRPORT and other governing agencies so that LPA may recommend, in writing, final payment to Contractor(s) and may give written notice to AIRPORT and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), and, 14. Limitation of Responsibilities: LPA shall not be responsible for the act or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)'s, subcontractor's or supplier's agents or employees or any other persons (except LPA's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)'s work; however, nothing contained in these paragraphs 1 through 14 inclusive, shall be construed to release LPA from liability for failure to properly perform duties and responsibilities assumed by LP A in the Contract Documents. 7. Additional Provisions: 1. The Airport will provide LP A and LP A's subs access to the site and all available information pertinent to this project, including as-built drawings and documents on underground utilities and structures within the project limits. 2. The Airport will negotiate additional contract(s) with LPA for services beyond the scope of this proj ect. 8. Period of Services: The design and advertisement of the pròject will be complete according to the schedule shown below. Phase/Task Design Bidding Construction Project Complete FPR Airfield Electrical Vault Improvements Comnletion Date 60 Days 60 Days 60 Days 180 days from NTP Page A-5 of5 1/812008 Exhibit B : Hour ancl Fee Estimate ST, LUCIE COUNTY INTERNATIONAL AIRPORT Airfielcl Electrlal Vault ImDrovements I = ~ .< ~ -é ij~ c ~ E :;; ¡¡2\ ~~î ~~~ ~ m e ~ mCl..;ø c I ~ 11 =c ~~ .~~~ .~ 'Õ1..!!! .~ ,2 '~~ æi .~ ItenvT ask Description '&. £~ ð5~<~ Jj~~ ~~!i~ .B; Total Q ,.. u 2007 Rate I $189,00 189.00 $162,00 $16~ $135,00 ~001 $100,00 $78,00 $72.00 ; ~c" ;2:" ,.,'·,..!}·..·i ....."",..' i. ',',., ...... Site Visit- Measure Vault, Windows, site; evaluate roof 8 8 Preoare Cover Sheet 1 1 Develoo Base Drawina of Vault 2 6 , 8 Develop Louver Infill Plan and Details 2 4 : 6 Develop Roof Plan and Details 2 8 I 10 Cost Estimate 1 1 : 2 DeveloD Generator Foundation Plan & Desion 2 I 2 2 6 Prepare Cost Estimate 1 I 1 Preoare Front-End Specifications 1 1 2 4 Review Meeting 2 2 Desian: 90% Submittal Hours 0 0 3 7 28 3 2 3 2 4B Desian: 90% Submittal Fee $0 $0 $486 $1,134 $3,780 $360 $200 $234 $144 $6,338 i,;;i) '" .····.'··.,jiS 1·:;;;,<','>"" "i'",;; " ." "" Package Final Desion 1 1 1 2 Prepare Project Manual 2 2 Roof/Building Plan Coordinaion w/Buildina Deet. 2 4 8 14 Prepare Final Estimate 1 1 Pre Dare Final Construction Schedule 1 1 Des;fln: 100% Submittal Hours 0 0 3 4 , 12 0 0 0 1 20 Design: 100% Submittal Fee $0 $0 $486 $648 $1.620 $0 $0 $0 $72 $2,826 Biddinå "i/:,t~' 1'·(··.·","':.,,· :!F·,,.,.: ··Co,,·,,':':' I,,';'i, ":')'!':'! "t/! :. '." '. , . Write & Coordinate Advertisement 1 1 Pre-Bid Conference 2 2 Answers 10 Addenda Questions (to County) , 1 1 i Review Bids for Responsiveness 1 1 !CerUfied Bid Tabs/Award Contract 1 1 2 ! Prepare Conformed Docs , 1 1 !Siddina and Award of Contract Hours 0 0 4 2 0 0 0 1 1 8 'Bjddlna and Award of Contract Fee $0 I $0 $648 $324 $0 $0 $0 $78 $72 $1,122 .","',' /'Ii:,:'!:':; I':",:,;':;"'·,' ! ,,",. .X':f ,.,.'. ,:::>:,":" ¡'..:.'::. .J '.',:"'.,,. 'General Coordination with the County 1 1 General Coordination with the Contractor 1 1 Pre-Construction Conference 2 2 ln1eroretations and Clarifications I 2 1 3 Review Shop DrawinQs/Submittals 2 1 3 Review pav Applications : 1 1 Final Inspection! Punch list items I 1 1 2 Reviewl Submit Record Drawrnas 1 1 1 Review Contractor's Closeout Documents 1 , 1 , Construction Administration Hours 0 0 6 5 0 0 1 0 , 3 15 Construction Administration Fee $0 $0 $972 $810 $0 1 $0 $100 $0 : $216 $2,098 11712008 Page B~1 of 2 AIr11eld Electrial Vault 1m rovements IternlTask Description ~ ~ ò: E :;; l!!!ò' ~c ò:~ It ~~ c . '¡; ~ ~ l ¡:¡ Total ¡TOTAL LUMP SUM AMOUNT: $29,014.001 11712008 Page B-2 of 2 ITEM NO. C-9 C COUNTY ~. FLORIDA · DATE: January 22, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request approval from the Board to enter into direct lease negotiations with SeaArk for the'former Shrimp Culture site at the S1. Lucie County International Airport BACKGROUND: In August 2005, the former Shrimp Culture site, located at the southeast corner of Indrio Road and Taylor Dairy Road on Airport property, was vacated. The former tenant left behind environmental issues that had to be addressed. The property was put out to bid in April and May 2007. No responses were received. In December, Airport staff was contacted by the Chief Operating Officer of SeaArk, who wanted to tour the site and begin discussions on leasing the property. Given this interest, Airport staff contacted the Florida Department of Transportation representative to clarify whether the Airport needed to go out to bid on this parcel again, or whether direct negotiations could occur. Since grants are received from the FDOT, the Airport is required to follow the grant requirements for any property leased. FDOT advised that since the property had gone out to bid unsuccessfully prior to this and the Airport was going to update the appraisal done on the property and require this as the lease rate, no additional competitive bid process was required. The Federal Aviation Administration had previously stated that they do not require a competitive bid process for leasing land, although it is recommended, as long as the fair market value is used for the lease rate. This request is to get Board approval to enter into direct lease negotiations with SeaArk for the former Shrimp Culture site. FUNDS AVAILABLE: Not applicable PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends the Board approve entering into lease negotiations with SeaArk for the former Shrimp Culture site at the S1. Lucie County International Airport Approved 5-0 COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Coord i nation/SiQ natu res County Attorney () t./ J/ Mgt. & Budget ( ) Originating Dept. (:if.:_"'-~' Other ( ) Finance: (check for copy, only if applicable)_ Purchasing ( ) Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: January 15, 2008 Re: Request approval from the Board to enter into direct lease negotiations with SeaArk for the former Shrimp Culture site at the S1. Lucie County International Airport ******************************************************************************************************************* In August 2005, the former Shrimp Culture site, located at the southeast corner of Indrio Road and Taylor Dairy Road on Airport property, was vacated. The former tenant left behind environmental issues that had to be addressed. The property was put out to bid in April and May 2007; however, no responses were received. Last month, Airport staff was contacted by the Chief Operating Officer of SeaArk, who was interested in leasing the property. Given this interest, Airport staff contacted the Florida Department of Transportation representative to clarify whether the Airport needed to go out to bid on this parcel again, or whether direct negotiations could occur. Since accepting FDOT grants are subject to following FDOT requirements, the Airport must get fair market value for any property leased. FDOT advised that since the property had gone out to bid unsuccessfully prior to this and the Airport is updating the appraisal done on the property and will require this as the lease rate, no additional competitive bid process is required. The Federal Aviation Administration had previously stated that they do not require a competitive bid process for leasing land, although it is recommended, as long as the fair market value is obtained. This is also consistent with the Airport Leasing Policy adopted by the Board in December 2006. This request is to get Board approval to enter into lease negotiations with SeaArk for the former Shrimp Culture site. SeaArk raises and ships shrimp brood stock to other countries and will be relocating here from Islamorada in the Florida Keys. Staff recommends the Board approve entering into lease negotiations with SeaArk for the former Shrimp Culture site at the S1. Lucie County International Airport. .Ç AGENDA REQUEST ITEM NO. C-10 A DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs ~'~ Jody Bo ,D{rector Authorize Smithsonian to serve beer and wine at the St. Lucie County Marine Center for the evening of February 13, 2008, SUBJECT: BACKGROUND: The Smithsonian Marine Station would like to host a Valentine event after hours at the Smithsonian Marine Ecosystems Exhibit located at the St. Lucie County Marine Center. The Valentine event will include snacks, beer and wine. Smithsonian's request is to serve beer and wine on the evening of February 13, 2008 at the St. Lucie County Marine Center. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the Smithsonian to serve beer and wine at the St. Lucie County Marine Center for the evening of February 13, 2008, COMMISSION ACTION: frAPPROVED [] DENIED [] OTHER: Approved 5-0 Dou as M. Anderson County Administrator Review and APP~aJS County Attorney: _ Management & Budget:~~ Purchasing: _ Originating Dept: _ Other: _ T--'~: . Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ---" CULTURAL AFFAIRS MEMORANDUM #08-16 TO: FROM: Board of Count)' Commissioners Jody Bonet, Director ~ SUBJECT: Permission to serve beer and wine at Marine Center DATE: January 8, 2008 St. Lucie County and Smithsonian Marine Institution work together on several activities at the Marine Center. Smithsonian Marine Ecosystem Exhibit's most popular program to date has moved to the evening hours and is packed with more food, fun and fishy-facts than ever before. Visitors will be able to learn more about the sometimes comical, sometimes bizarre, but always interesting mating strategies found in the underwater world. If the Commissioners approve the serving of beer and wine, the participants will enjoy heavy appetizers, a wine and beer bar, and an interactive educational program. Advance registration is required as space is limited. This will be a new addition to the program and should be a fun way to learn about the marine environment while bringing in more visitors to the Marine Center. The gift shop will be open also that evening to maximize on Valentine shopping. Staff Recommendation: Staff recommends that the BOCC approve the serving of beer and wine on the evening of February 13,2008 at the Marine Center. c 1 AGENDA REQUEST ITEM NO. C-10 B DATE: January 23, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: Board of County Commissioners ~ SUBMITTED BY (DEPT): Cultural Affairs SUBJECT: Authorize the Chair to sign a grant to the Cultural Affairs Council to be utilized for contracting speakers and others for the Florida Frontier Festival that will be held on February 23, 2008. Authorize free admission to the public at the Marine Center and the Historical Museum for this event. BACKGROUND: Since this will be the 21 st Annual Cracker Trail Ride, staff would like to host an exciting Chautauqua event that will be called the Florida Frontier Festival at Museum Pointe Park. This will be in conjunction with the closing of a traveling exhibit featuring Florida Cowhunters. The request is to allow for the Cultural Affairs Council to arrange for the contractual speakers, musicians, story tellers, and pioneer crafts people to perform at the festival. Please refer to Memo 08-017 for more information. Staff has already met with the Cracker Trail Riders regarding the logistical needs for the Florida Frontier Festival. The Cracker Trail Riders are handling their own permit for the Parade that will be held in the morning of February 23, 2008. FUNDS AVAILABLE: Contracted Services 001-7910-582000-700 - $5,000 to Cultural Affairs Council PREVIOUS ACTION: The BOCC authorized for the first Florida Frontier Festival event to take place at Harbour Pointe Park in 2007. RECOMMENDATION: Authorize the Chair to sign a grant to the Cultural Affairs Council to be utilized for contracting speakers and performers for the Florida Frontier Festival that will be held on February 23, 2008. In addition, authorize free admission to the public at the Marine Center and the Historical Museum for this event. COMMISSION ACTION: ~APPROVED 0 DENIED o OTHER: Douglas M. Anderson County Administrator Review and APpr~s ~ County Attorney: IJ., , Management & Budget· \) . Originating Dept Other: _ Finance: (Check for Copy only, if applicable) Approved 5-0 Purchasing: _ Other: Effective: 5/96 ,r I CULTURAL AFFAIRS MEMORANDUM #08-17 TO: FROM: Board of County Commissioners Jody Bonet, Director ~ Frontier Florida Festival January 22, 2008 SUBJECT: DATE: Since last year's Frontier Florida Festival was such a success in coordination with the Cracker Trail Ride, the public have requested that we host a second annual event. The Cracker Trail ride is held the last full week in February and the association is interested having this year's event on the Museum grounds February 23rd. Harbour Pointe Park 'will be used as a staging area that day before and after the Cracker Trail Parade but the public event will be at the Museum. Staffrequests that the Museum and the Marine Center will be open for free that Saturday. The Historical Museum and Cultural Afíàirs Council will host the event and coordinate it with the closing of a new exhibit featuring Florida Cowboys. The goal is to have a Saturday event to be held at the Historical Museum and Museum Pointe Park that is open to the public featuring the following Chautauqua Program Ideas: . Speakers/presenters/story tellers-- Joyce Peters, Sally Carlton Breaux & Cowhunter Congress, Nelson Bailey, Iris Wall, Bert McDonald, Dana Ste Clair, Doyle Rigdon, Bud Adams, Joe Ackerman, John Durham, CJ Holley, Clint Parish, Charlie Hammer, Ada Fomay . Authors-Dana Ste Clair, Joe Ackerman, Bud Adams · Artists/Photographers/Crafters -Jon Kral, Sean Sexton, Bud Adams, Brad Phares, Eldon Lux, Murphy Durham (whips) Staff Recommendation Authorize staff to host the Frontier Florida Festival event at Museum Pointe Park and utilize funds already in the budget. Also, approve having both the Marine Center and Museum open for free on Saturday February 23, 2007. , I GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2008, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of five thousand and 00/100 dollars ($5,000.00). Payment to the Council shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be utilized for contracting speakers for the Florida Frontier Festival February 23, 2008 and other Museum activities. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies, Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 7. The Council agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, S1. Lucie County, Florida. 9. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the 1 .. ¡ County for all unexpended funds or funds expended in conflict with Council's application, as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: S1. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: S1. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Council: S1. Lucie County Cultural Affairs Council 600 N. Indian River Drive Fort Pierce, Florida 34950 11, No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 12. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 13. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for 8t. 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. 15. This Agreement constitutes the entire agreement between the parties with 2 ... , . respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. 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 Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL BY: SECRETARY CHAIRMAN 3 ~ , AGENDA REQUEST ITEM NO. C- 10 C DATE: January 22 2007 REGULAR I ] PUBLIC HEARING I ] CONSENT IX] TO: Board of County Commissioners ~rW- Jody , Director SUBMITTED BY (DEPT); Cultural Affairs SUBJECT: Authorize the Chair to sign the temporary easement agreement with Sarah's Memorial Garden, Inc. to allow the Cultural Affairs Department to host tours and make improvements to the cemetery where lora Neale Hurston is buried. BACKGROUND: During the lora Fest and other times of the year, the Cultural Affairs Council hosts tours to the Sarah's Memorial Garden cemetery. lora Neale Hurston is buried in the cemetery and the Dust Tracks Heritage Trail leads visitors to the site as well. This easement is for ten years and can be extended an additional ten years. The easement will allow tours to visit the site and if funds become available improve landscaping, sidewalk and a parking area. This is an important step in attracting the heritage tourism industry. FUNDS AVAILABLE: N/ A PREVIOUS ACTION: NI A RECOMMENDATION: Authorize the Chair to sign the easement agreement with Sarah's Memorial Garden Inc to allow the Cultural Affairs Department to host tours and make improvements to the cemetery where lora Neale Hurston is buried. COMMISSION ACTION: f1 APPROVED n DENIED n OTHER: Douglas M. Anderson County Administrator Review and ApproV~ ¥ County Attorney: ~ Management & Budget~u~haSing: _ Originating Dept: _ Other: Other: _ Finance: _ (Check for Copy only, if applicable) Effective: 5/96 Approved 5-0 '* CULTURAL AFFAIRS MEMORANDUM #08-18 TO: Board of County Commissioners FROM: ^ Jody Bonet, Director L1Ð- SUBJECT: DATE: Temporary Easement Agreement January 22, 2008 Since the cemetery where Zora Neale Hurston is buried is private property, County attorney's office drafted a temporary easement for a portion of the cemetery's property. This will allow the Cultural Affairs Department and others to host tours to the site. It will also allow the County to make improvements to the landscaping, parking and sidewalk areas if funds become available. The Sarah's Memorial Garden is located on the award winning Zora Neale Hurston Dust Tracks Heritage Trail and an important part of our heritage tourism. The owners have been very willing to work with us over the years but this easement will ensure our ability to bring tours to this site. Staff Recommendation Staff recommends that the Chair sign the Temporary Easement with Sarah's Memorial Garden, Inc, Attachments (1) Easement Agreement .. ! PROJECT: Zora Neal Hurston Gravesite Improvements FROM: Sarah's Memorial Garden Inc. c/o Percy Alexander PARCEL I.D.: 2404-601-0001-000/8 TEMPORARY EASEMENT THIS EASEMENT, made this day of ,2008, by Sarah's Memorial Garden Inc., a Florida corporation, whose address is 9940 Baywater Drive, Boca Raton, Florida 33496-2142, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WIT N E SSE T H: That the grantor for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a Temporary Easement for the purpose of providing parking, sidewalk and landscape improvements for ingress, egress of Zora Neale Hurston Heritage bus tours, and non-motorized bicycle and pedestrian recreational use upon the following described land in St. Lucie County, Florida: SEE ATTACHED EXHIBIT "A" TO HA VE AND TO HOLD the same unto said grantee, its successors and assigns forever, and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. To the extent allowed by law, the Grantee agrees to indemnify and hold the Grantor harmless for any injuries or damages resulting from Grantee's or Grantee's invitees use of the easement. The term of this easement shall be ten (10) years from the date written above. Upon written agreement of both parties, the easement may be extended an additional term of ten (10) years. Notwithstanding the automatic termination date set out above, Grantor may terminate the easement at any time with seven (7) days prior written notice to the Grantee. IN WITNESS WHEREOf. the said grantor has signed and sealed these presents the day and year first above written. '" ATTEsT: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Signed, sealed and delivered in our presence as witnesses: SARAH'S MEMORIAL GARDENS c/o Rufus Alexander a Florida Corporation BY~~~ ~ WIT S ¡ .A !'VI ¿~. ./ [CORPORA TE SEAL] STATE OF FLORIDA COUNTY OF 54.. ¡ lJ c: e.. The foregoing instrument was acknowledged before me this If) day of 'So.--..{ ,200i, by -:>oL--N~,",,'e I-IJIs Sl'las of Sarah's Memorial Garden Inc c/o Rufus ,. , , Alexander., a Florida Corporation, who is personally known to me or who has produced a Driver's License issue ithin the last five years as identification. SEAL MY COMMISSION # DD6966]9 EXPIRES: July 18. 2011 FL Notary DØQoullt Auoc. Co. C-.-. Notary Public (NOTARY PU (Print, Type or Stamp Name of Notary) Commission No.: My Commission Expires: ¡' -- ---- I .-'-lll'IlI'l -ll'IlI'l ~ mUII~m ~ ì¡i1iflHi ~ j : 1l1l'I 'I I~¡II RIll: :r¡ ~ i~ft'ltift 6 J . ¡ i i¡ !, it Jell !, fl í ~!jlHi!i~lm¡, ßi r !I. 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S7~ ¡~ ~I; IIi -- -~ _":.~:j ~Ik · > "--" · i :1 - - t.1!~i ~i=¡ 1..:;- , I _I ~- - -.- ì!J -- ...\ ~" i I ~r----...., 15 · :I' ~ ""'- ~' . ,.., l~ II '--- . _ _...."'" _ --.J_-~ _8_ . oo:LO"1!:.L _ --li'- :.-. !c; ~ ~-~- - ....w.. »t.oo" = .._ Ill. I ! / I ~ n '-n__.__n_n_"'__n______~__ Lf-r-------n-n----l I~o ~ rã - I ~ ~ ~ I; I-I SKETCH AND LEGAL DESCRIPTION SARAH'S MEMORIAL GARDEN ST, LUCIE COUNTY, FLORIDA. CULTURAL AFFAIRS COUNCIL p p ~ I"' 5 . KEITH and SCHNARS, P.A. ; I~ I'I~ I; . .. I ~7 ENGINEERS. PLANNERS. SURVEYORS II ~ I ~""_kW..~~~,~ _~""D'-_ 1 AGENDA REQUEST ITEM NO. C-ll A DATE: January 22, 2008 REGULAR PUBLIC HEARING CONSENT [Xl TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Funding for the Public Safety's Animal Registration Licensing Program. BACKGROUND: On April 3, 2007, the Board of County Commissioners adopted Ordinance #07- 010, which requires the registration of dogs and cats over the age of four months as well registration of dog and cat breeders in the unincorporated areas of St. Lucie County. Also on April 3, 2007, the Board of County Commissioners approved Resolution #07-077 to establish a fee schedule for Animal and Breeder Registrations. At the time when Ordinance #07-010 and Resolution #07-077 were proposed, Public Safety did not know the total amount of expenditures that would be incurred. The revenues were budgeted, but the expenditures were not. When both, the Ordinance and Resolution, passed on April 3, 2007, the Animal Registration Licensing Program became effective as of 10/01/2007 and began incurring expenses. The Public Safety's Animal Control Division has contracted with PetData, Inc. for the collection and remittance of fees to the County, and with Boomerang Tags for the purchase of the tags. Now, funds need to be moved into place so the expenses from both vendors can be paid. Currently, the funding for the animal registration expenses is: $5,000 in #102- 9910-599100-800 (Contingency) and $42,400 in #102-9910-599310-800 (Adjustment Reserves). Budget Amendment #BA08-010 will move the $47,400 out of Contingency and Adjustment Reserves, and into the Other Contractual Services and Operating Supplies accounts. FUNDS AVAILABLE: With the approval of #BA08-010, the funds will be made available: $10,000 in #102-6240-534000-600 (Other Contractual Services) and $347,400 in #102-6240-552000-600 (Operating Supplies). PREVIOUS ACTION: The Board of County Commissioners adopted Ordinance #07-010 (Animal Registration) and Resolution #07-077 (Establishing a fee schedule) on April 3,2007. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment #08-010. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER Approved 5-0 Doug Anderson County Administrator County Attorney: ~9-:t.. Coordination/Sianatures\. ~ Management & Budget: -tMþ \I\I~ Other: Finance: (Check for Copy only, if applicable) J MEMORANDUM 08-23 OFFICE OF MANAGEMENT & BUDGET TO: The Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Funding for Public Safety's Animal Registration Licensing Program DATE: January 22,2008 On April 3, 2007, the Board of County Commissioners adopted Ordinance #07-010, which requires the registration of dogs and cats over the age of four months as well registration of dog and cat breeders in the unincorporated areas of St. Lucie County. Also on April 3, 2007, the Board of County Commissioners approved Resolution #07- 077 to establish a fee schedule for Animal and Breeder Registrations. At the time when Ordinance #07-010 and Resolution #07-077 were proposed, Public Safety did not know the total amount of future expenditures, and therefore, revenues were budgeted, but expenditures were not. When both, the Ordinance and Resolution were passed on April 3, 2007, the Animal Registration Licensing Program became effective as of 10101/2007 and expenses began incurring. Public Safety's Animal Control Division has contracted with PetData, Inc. for the collection and remittance of fees to the County, and with Boomerang Tags for the purchase of the tags. Now, funds need to be moved into place so the expenses incurred by both vendors can be paid. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB for Public Safety PREPARED DATE: 1/7/2008 AGENDA DATE: 1/22/2008 102-6240-534000-600 102-6240-552000-600 FROM: 102-9910-599100-800 102-9910-599310-800 $5,000 $42,400 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $5,000 $5,000 $0 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA08-010 tmD DEPARTMENT Approved Budget Contingency FISCAL YEAR 2007-2008 FUNDS APPROVED FROM CONTINGENCY UNINCORPORA TED SERVICES FUND AMOUNT REMAINING: $5,000 ITEM ACCOUNT # 102-9910-599100-800 Total used: Balance Available Proposed action: BA08-010 To pay for PetaData, Inc & Boomerang Tags expenses 102-9910-59910-800 Balance Available After Proposed Action: AMOUNT $5,000 $0 $5,000 $5,000 DATE 1/22/2008 $0 f AGENDA REQUEST ITEM NO. lIb DA TE: January 22,2008 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 08-050 to correct the budget for the Intermodal Facility Grant. BACKGROUND: Resolution 07-079 was taken to the Board on February 2th, 2007 to recognize additional funding received from FOOT and revenue from the City of Fort Pierce. This additional funding did not roll with the budget into the 07/08 fiscal year. FUNDS AVAILABLE: Funds will be made available in 130204-4910-599330-400 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 08-050 to correct the budget by recognizing the additional FOOT and Fort Pierce revenue originally taken to the Board February 2th, 2007 but not rolled into the 07/08 fiscal year. [X] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator COMMISSION ACTION: Approved 5-0 County Attorney: ~9v Coordination/Siqnatures '"" ~ Management & Budget: fliP \'l\~ Purchasing: , Orig Dept: Finance: (Check for Copy only, if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting shouid contact the 51. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting, '\ RESOLUTION NO. 08- 050 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from the Florida Department of Transportation Intermodal Facility Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 22nd day of January, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 130204-4910-334493-400 130204-4910-337910-400 FOOT - Other City of Fort Pierce $ 270,000 $ 250,000 APPROPRIATIONS 130204-4910-599330-400 Project Reserve $ 520,000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF JANUARY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY j , MEMORANDUM 08-24 __ OFFICE OF MANAGEMENT & BUDGET TO: The Board of County Commissioners FROM: Marie Gouin, OMS Director SUBJECT: Correction of Budget for the Intermodal Facility Grant DATE: January 22, 2008 On December12, 2006 the Board approved the authorization of Community Services to submit a grant application to the Florida Department of Transportation (FOOT) to apply for additional funding of the Intermodal Transit Center. Then, on February 27, 2007, the Board approved FOOT Joint Participation Agrement #1 and Resolution #07-079 to accept the FOOT's Supplemental Grant award of $275,000 and an additional grant match of $250,000 from the Fort Pierce Community Redevelopment Agency. These funds are being used to build an Intermodal transfer facility that will accommodate bike racks, a sheltered waiting area, and public restrooms (that will also be used by pedestrians using the adjacent Moore's Creek Greenway). During the 2006-2007 Fiscal Year, some of grant #130204's funds were spent, but the budget was not rolled forward for Fiscal Year 2007-2008. This agenda and Resolution #08-050 are to establish the grant's budget in Fiscal Year 2007-2008. Staff recommends the Board of County Commissioners approve Budget Resolution 08- 050 to establish fund #130204's budget in Fiscal Year 2007-2008. , .. RESOLUTION NO. 07-079 WHEREAS, subsequent to the adoption of the 81. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of FDOT Supplemental Grant and the amount of $275,000 and additional grant match from the Fort Pierce CRA in the amount of $250,000. WHEREAS, Section 129,06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 51. Lucie County, Florida, in meeting assembled this 27th day of February, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 130204-4910-334493-400 130204-4910-337910-400 FOOT City of Fort Pierce APPROP RIA TIONS 130204-4910-599330-400 Project Reserves $275,000 $250,000 $525,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson Commissioner Joseph E. Smith, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande AYE AYE T:l.YE T:l.YE T:l.YE PASSED AND DULY ADOPTED THIS 27th DAY OF FEBRUARY, 2007. ATTEST: ,/<'..---,--.,' ';~i\\ (~/./ fi?/¡ç.'.'¡·.'/'.i ....:.2..·.-."\)·\ \.\'>J"~.~\ YA ,¿{é/ -~-\ '" r ¿It \'~~.'" \ I.'.?' '(I,.. ·-i ":~ - ' . , -.¡ "':7:·' ~ ,.,......".;,.....,. ····,,:::"':~RvisfiiêtJi'FÕR THE FUTURE AGENDA REQUEST ITEM NO. c.. f2A DATE: 1-22-03 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & RecreationlLakewoocl Park Regional Park SUBJECT: Batting Cage Construction Agreement/Professional SþOrts Inc. BACKGROUND: St. Lucie County has an agreement with Professional Sports Camps, Inc. for use of athletic fields at Lawnwood Sports Complex and Lakewood Park Regional Park. We were contacted by them recently and asked if we could construct a batting cage with two tunnels, .if they provided the funding. The County would then give them credit toward their user fees in the same amount to be spread over the,next three ¥ears. The department got estimates for the project and the contractor has agreed to send us that amount. Specifically, the amount is $27,012 for the construction of a two-tunnel batting cage at Lakewoocl Park Regipnal Park. This amount would be credited back to Professional Sports over.a 3-year periOd beginning in 2008 at the established rates. Because this project was not included in the 20Q7-o8 budget, theBoardis asked to approve an agreement authorizing the project, CIP #08-122, and Budget Resolùtion #08-049 to accept and allocate the funding. FUNDS AVAILABLE: 316-7210-563000-76019 (Investment for the Future- Parks-Infrastructure) RECOMMENDATION:. Staff requests Board approval of the agreemèntwith Professional Sports, Inc. for the construction of a 2-tunnel batting cage at Lakewood Park Regional Park and Budget Resolution #08-049, accepting and allocating the funding. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: as . Anderson County Administrator Approved 5-0 0riginating Oept. Management & ~udget Other: County Attorney: ,/ . .. 'j;. ~-. 1 Parks and,.Recreation Department Memorandum j I ! 1 j I To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #c. 12 Date: 1/3/2008 I í I j 1 1 St. Lucie County has an agreement with Professional Sports Camps, Inc. for use qf athletic fields at Lawnwood Sports Complex and Lakewood Park Regional Park. We were contacted by them recently and asked if we could construct a batting cage with two tunnels, if they provided the funding. The County would then give them credit toward their user fees in the same amount to be spread over the next three years. The department got estimates for the project and the eontractor has agreed to send us that amount. Specifically, the amount is $27,012 for the construction of a two-tunnel batting cage at Lakewood Park Regional Pa..k. This amount would be credited back to Professional Sports over a 3-year period beginning in 2008 at the established rates. Because this project was not inc:luded in the 2007-08 budget, the Board is asked to approve an agreement authorizing the project, CIP#08-122, and Budget Resolution #08-049 to accept and allocate the funding. LB:em Attachment cc: D. Anderson, County Administrator L. Lowery, Assistant County Administrator Chron File 'I 'j -j! ~ I .~ I ~ ').- -. RESOLUTION NO. 08-049 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of advanced (three years) user fees from the Professional Sports Camp Inc. in the amount of $27,012 for the construction of a batting cage. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 22nd day of January, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUES 316-7210-347221-76019 User Fees $27,012 APPROPRIATIONS 316-7210-563000-76019 Infrastructure $27,012 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF JANUARY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY '< PROJECT NAME: Lakewood Park - Two Tunnel Batting Cage PROJECT #: 1 76019 DEPARTMENT: DIVISION: I Parks and Recreation Parks DATE PREPARED: PROJECT MGR: 1/3/2008 M. DiMascio TYPE OF PROJECT: NEW CONSTRUCTION: § RENOVATION: MAINTENANCE: RECOMMENDED: APPROVED: REVISED: YES§N. O§ YES NO YES NO PROJECT DESCRIPTION I JUSTIFICATION: To construct a two-tunnel batting cage at the new Lakewood Park Regional Park for the sports camps use of county athletic fields as per their agreement. Money is being funded by Professional Sports, Inc. (Agenda Item# C-4A 1/22/08), YE.sDNOŒ] THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: Land Buildings Imp OfT Bldgs AIPP TOTAL: o o 27,012 o 27,012 o o 27,012 o o o o 27,012 TOTAL: o Number of New Positions Neededl o o o I 01 01 o o o o Estimated Operating Impact 01 01 01 REMARKS: See BOCC Agenda C-4a for details. Revenue to be placed in expense account listed below as per Budget Resolution. CAPITALlMP REQ #: I CIP08-122 I ACCOUNT#: 316 I 7210 1 - I 563000 I -I 76019 I .. FIRST AMENDMENT TO THE RECREATION DIVISION FACILITIES USE AGREEMENT (USE OF FIELDS FOR BASEBALL/SOFTBALL) THIS FIRST AMENDMENT, is made this _ day of ,2008, between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, herein after called the "COUNTY"),and PROFESSIONAL SPORTS CAMPS, INC., d/b/a FLORIDA COAST PROFESSIONAL BASEBALL SCHOOL, or his, its or their successors, executors, administrators, and assigns, herein after called the "SCHOOL". WHEREAS, on March 12th, 2007, the parties entered into a RECREATION DIVISION FACILITIES USE AGREEMENT (USE OF FIELDS FOR BASEBALL/SOFTBALL), hereinafter called "Agreement", whereby the School was permitted to use and occupy the baseball and softball fields within Lawnwood Recreational Complex for the purpose of conducting a baseball and softball school as set forth in the Agreement; and WHEREAS, the parties desire to amend the Agreement, to offset the Payments. NOW THEREFORE, in consideration of the benefits accruing to each party, the parties agree to amend the Agreement as follows: 1. Paragraph 3.01 of the Agreement is hereby amended as follows: 3.01 Payment: For the term of this Agreement, the School shall pay twenty-seven thousand twelve dollars ($27,012.00) to the County by February 1, 2008. The County agrees to use the monies for the construction of a two-tunnel batting cage at Lakewood Regional Park. The County shall charge the School for the use of the Premises in section 1.01 and credit the fees against the twenty- seven thousand twelve dollars ($27,012.00)for a period of three (3) years beginning with January 2008 season and ending with April31, 2011 season. If all monies are not credited, the School waives the right to any further credit. . 2. Except as specifically amended herein, the rèmaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: PROFESSIONAL SPORTS CAMPS, INC. d/b/a FLORIDA COAST PROFESSIONAL BASEBALL SCHOOL BY: PRESIDENT (SEAL) G;\ATTY\AGREEMNT\FAC-USE\Professional Sports Camps AM,wpd AGENDA REQUEST ITEM NO. /Q.-13 DATE: Jan. 22,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Reallocate FY 07-08 IFF Funds in the amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration, South County Annex, New Clerk of Court Building and Rock Road Jail. BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 001-1931-546200-150047 (Maintenance Improvement Projects) FUNDS WILL BE MADE AVAIL: 001-1931-546200-150048 (Maint.lmprov. Projects-Sheriff Admin.) 001-1931-563000-150067 (Infrastructure-South County Annex) 001-1931-534000-16012 (Contracted Services-Clerk of Court) 001-1931-531000-1527 (Professional Services-Rock Road Jail) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of FY 07-08 IFF Funds in the combined amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration ($21,000), South County Annex ($22,000), Clerk of Court ($11,000), and Rock Road Jail ($12,000). Staff further recommends the Board approve the contract and/or work authorization as needed and prepared by the County Attorney. County Attorney: OriginatingDe~ ~ )1/ Coordination/Si Mgt. & Budget: f::.fJ Other: MISSION ACTION: r'] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Purchasing Mgr.: Other: Finance: (Check for Copy only, if Applicable) Eff.1/97 H,\AGENDA\AGENDA-257 REALLOCATE IFF FUNDS-VARIOUS PROJECTS.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 15, 2008 SUBJECT: Reallocate FY 07-08 IFF Funds in the amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration, South County Annex, New Clerk of Court Building and Rock Road Jail. BACKGROUND: Staff is seeking approval to complete the following projects, but currently do not have the available funding in place: Proiect · Sheriff Administration: The server room is in need of the Installation of additional a/c. · South County Annex: The emergency generator will need to be replaced. · Rock Road Jail: An Engineer will provide an infrared scan of the $10,000.00 Jail floor and yard area to check for the possibility of air pockets, that if exist and not corrected, could cause cracks in the fåundation. · Clerk of Court: Moving services to move the Clerks belongings J12.000.00 into the new building. Also, remedial sanitization of the evidence $66,000.00 archives that will be going into the new vault in the Clerk Building. Cost $21,000.00 $22,000.00 FY 07-08 IFF Funds in the amount of $66,000 are available from FY 06-07 IFF Funds budgeted for the Sheriff HangerlDoor Replacement Project. This project was accomplished under budget and staff is requesting to reallocate these available funds to complete the above listed projects. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of FY 07-08 I FF Funds in the combined amount of $66,000 to accomplish specific projects at various locations: Sheriff Administration ($21,000), South County Annex ($22,000), Clerk of Court ($11,000), and Rock Road Jail ($12,000). Staff further recommends the Board approve the contract and/or work authorization as needed and prepared by the County Attorney. To: Submitted By: Agenda Request CJ3 1/22/08 Item Number Meeting Date: Consent Regular Public Hearing Leg. [ ] [x ] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Department SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: D APPROVED ~ OTHER Gro / Petition of Ryan Johnson, Johnson Group Land Development Consultants Inc. and Anya Group Inc. for a 12-month extension of the date of expiration for the Major Site Plan for Indrio Crossings - Phase II located at the southeast comer of Turnpike Feeder Road and Miramar Avenue (BCC File No. BCC 1120071377). On January 17, 2006, the Board of County Commissioners approved several amendments related to the undeveloped portion of the 'ndrio Crossings Shopping Center project that allowed for the approval of the subject mixed use project. The project provides for the development of 84 residential units and 45,924 square foot of retaiVoffice space on 14.23 acres, subject to ten limiting conditions. The applicants have provided the attached documentation stating their reasons for requiring an extension. According to documents they have provided delays have occurred in order to redesign and scale back the commercial portion of the project to reduce the required parking spaces because of the inability to enter into a cross parking agreement with the adjacent property owner. Changed market conditions for the residential portion of the project are also cited as a reason. A major site plan modification for the commercial portion of the project is currently under review by staff and will be forwarded to the Board for approval. NIA On January 17, 2006, the Board granted Indrio Crossings - Phase II Major Site Plan approval through Resolution No. 06-006, with ten limiting conditions; rezoned 9.66 acres of the 14.23 parcel site to the RM-9 (Residential, Medium - 9 du/ac) Zoning District through Resolution No. 06-005, and adopted a small scale future land use amendment that changed 9.66 acres of the 14.23 acre parcel from COM (Commercial) to RM (Residential Medium) through Ordinance No. 06-007. Adopt Resolution No. 08-006 granting a 12 month extension to the 'ndrio Crossings - Phase II Major Site Plan Project. _ ;?:7NCE ~ Douglas M. Anderson County Administrator D DENIED Pulled and placed on the 2/12/08 Agenda. Coordinationl Signatures County Attorney E.R.D.: Cty. Engineer: Form No. 07-07 C}, <1 V Mgt. & Budget: Public Works: M"¡ P Other: Purchasing: Cty. Surveyor:f!,'¡.lll Other: GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: FROM: Board of County Commissioners Mark Satterlee, Director of G'rowth Managemen~ Kristin Tetsworth, Planning Manager DATE: January 7,2008 SUBJECT: Petition of Ryan Johnson, Johnson Group Land Development Consultants Inc. and Anya Group Inc. for a 12-month extension of the date of expiration for the Major Site Plan for Indrio Crossings - Phase II located at the northeast comer of the intersection of Turnpike Feeder Road and Miramar Avenue (BCC File No. BCC 1120071377). On January 17, 2006, the Board of County Commissioners adopted Resolution No. 06-006 (See Attached) granting Major Site Plan Approval to a project known as Indrio Crossings - Phase II. The Resolution provided a two year period to obtain building permits and is scheduled to expire on January 17, 2008. Indrio Crossings - Phase II consists of 84 residential units on 9.66 acres and 45,924 square foot of retail and office space on 4.57 acres located at the southeast corner of Turnpike Feeder Road and Miramar Avenue. The applicants have provided the attached documentation stating their reasons for requiring an extension. According to documents they have provided delays have occurred in order to redesign and scale back the commercial portion of the project to reduce the required parking spaces because of the inability to enter into a cross parking agreement with the adjacent property owner. Changed market conditions for the residential portion of the project and extensive coordination between the developer, staff and the Phase 1 owners are also cited as reasons. Staff has reviewed the subject site plan extension and determined that the request meets all applicable provisions of Section 11.02.06(B)(2) of the St. Lucie County Land Development Code. The County's Land Development Code provides that a Major Site Plan may be extended for periods up to twelve months. from it's expiration by the Board of County Commissioners. A public hearing is not required. This is the first of two potential requests for an extension to this project's major approval which was granted on January 17, 2006. Staff recommends approval of Resolution No. 08-006 granting the requested 12 month extension to the Major Site Plan project known as Indrio Crossings - Phase II. · 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 RESOLUTION NO. 08-006 FILE NO.: BCC 1120071377 A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF ST. LUCIE COUNTY GRANTING A 12-MONTH EXTENSION OF THE MAJOR SITE PLAN KNOWN AS INDRIO CROSSINGS - PHASE II LOCATED AT THE SOUTHEAST CORNER OF TURNPIKE FEEDER ROAD AND MIRAMAR AVENUE IN THE CG (COMMERCIAL, GENERAL) AND RM-9 (RESIDENTIAL, MEDIUM- 9 DUlAC) ZONING DISTRICT. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On January 17, 2006, this Board, through Resolution No. 06-006, granted Major Site Plan approval for the project known as Indrio Crossings - Phase II, a proposed mixed use project located at the corner of the intersection of Turnpike Feeder Road and Miramar Avenue in the CG (Commercial, General) and RM-9 (Residential, Medium - 9 du/ac) Zoning Districts, for property described in Part A. 2. The developer of Indrio Crossings - Phase II has requested that a 12-month extension of the Major Site Plan approved through Resolution No. 06-006, be extended for a period of 12 additional months from its date of scheduled expiration, January 17, 2008, with the new date of expiration being January 17, 2009. NOW, THEREFORE, BE IT RESOL VEO by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(2) of the S1. Lucie County Land Development Code, the Major Site Plan, approved through Resolution No. 06-006, is hereby extended for a period of 12 additional months from its scheduled date of expiration, January 17, 2008, with the new expiration date being January 17, 2009, for the property described as follows: That part of the Southwest y.. of the Northwest y.. of Section 13, Township 34 South, Range 39 East, S1. Lucie County, Florida, lying East of Sunshine January 22, 2008 Resolution No. 08-006 File No.: BCC 1120071377 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 B. 36 37 38 C. 39 40 41 , State Parkway Feeder Road (S.R. 713) and North of Indrio Road, LESS and excepting there from the East 818 feet of the South 228.71 feet. Less and except road rights-of-way as described in those certain deeds recorded in O.R. Book 585, Page 1449 through 1451, and O.R. Book 649, Page 027 and 028, of the Public Records of St. Lucie County. LESS AND EXCEPT: That part of the Southwest % of the Northwest % of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying East of SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and lying South of the following described line: COMMENCING at a point (P.O.C.) being the Southeast corner of the Southwest Y4 of the Northwest Y4 of said Section 13, run thence North 00 degrees 02'3" West along the East line of the Southwest % of the Northwest % of said Section 13, 708.55 feet to the POINT OF BEGINNING (P.O. B.); thence run South 89 degrees 59'58" West, parallel with the % section line, 760.46 feet; thence run South 44 degrees 59'58" West, 51.71 feet; thence run North 45 degrees 00'02" West, 202.22 feet to the East right-of-way line of SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and the end of this described line. LESS AND EXCEPTING The East 20 feet for road right-of-way (now Deleon Avenue, formerly Royal Palm Avenue). PARCEL CONTAINS 14.23 ACRE +/- Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue. All terms and conditions of Resolution No. 06-006 shall remain in full force and effect. This Major Site Plan extension shall expire on January 17, 2009, unless building permits are issued or another extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. January 22, 2008 Resolution No. 08-006 File No.: BCC 1120071377 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 D. The Certificate of Capacity Exemption granted by the Growth Management Director on March 1, 2005, shall remain valid for the period of this Site Plan approval. If this order expires or otherwise terminates, the certificate of capacity exemption shall automatically terminate. E. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. F. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith XXX Vice-Chair Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this 22nd Day of January 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney January 22, 2008 Resolution No. 08-006 File No.: BCC 1120071377 Page 3 of 4 1 2 EXHIBIT A 3 4 CERTIFICATE OF CAPACITY 5 EXEMPTION January 22, 2008 Resolution No. 08-006 File No.: BCC 1120071377 Page 4 of 4 , CåUNTY --'. FLORIDA CERTIFICATE OF CAPACITY EXEMPTION 2300 Virginia Avenue Ft. Pierce. FL 34982 (772)-462-2822 Date 1m2008 Certificate No. 4939 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Extension to a Major Site Plan Number of units 84 Number of square feet 45924 2. Property legal description & Tax ID no. 1313-231-0000-0004 SE corner Turnpike Feeder and Miramar Ave Indrio Crossings - Phase II Indrio Crossings Shopping Center Resolution No. Res. 08-006 Letter 3. Approval: Building 4. As part of the development: 5. On property owned by Jefferey Freedman and Anaya Group Inc. 2701 Ravella Way Palm Beach FL 33410 is hereby granted a Certificate of Capacity exemption according to Chapter 5.03.01 AC SO C~ DO E:J FO GO HO 10 JO ofthe St Lucie County Land Development Code. 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subj ect to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. \I¡~< ~le(¡'U'l? Signed ~~c::-- Dat.,1n12008 Growth Management Director: St Lucie County, Florida A NDJ?f ~ 1<:, ()OLE. Concurrency Review by: SIgned ~_ ¿;:;.,.-:. ... Date: 1/7/2008 Monday, January 07, 2008 Page 1 of 1 · JOHNSTON GROUP Land Development Consultants.lnc. November 7, 2007 Ms. Diana Waite, AICP Senior Planner St. Lucie County Growth Management 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Indrio Crossings Phase II - Major Site Plan Extension Dear Ms. Waite: As you are aware, our firm, Johnston Group Land Development Consultants Inc., represents the owner of the commercial portion of the above-referenced project ("Project"). In January of 2006, the St. Lucie County Board of County Commissioners granted approval of a Major Site Plan for the Project by way of Resolution No. 06-006 allowing for the construction of 84 multi-family units and 45,924 square feet of commercial space on 14.23 acres of land. As part of the approvaL 133 of the 254 required parking spaces were to be located on Phase I of the Indrio Crossings development in accordance with a cross-parking agreement between the previous property owners. During the approval process for the Project, Staff and the County Attorney deemed the cross-parking valid. However, after approval by the Board of County Commissioners, the Phase I property owner objected to the Phase n site plan and its proposed use of the 133 Phase I parking spaces based on loosely crafted language in the agreement. County Staff subsequently ceased its review of all plans and permits being sought for the construction of the Project pending a resolution of the matter. Due to the fact that no solution could reached that would allow for the construction of the Project as originally approved by the County, the Phase n property owner had no choice but to scale back the intensity of the Project in order to reduce the parking requirement so that all required parking could be provided on-site, thereby eliminating the need for any cross-parking. This reduction in intensity and accommodation of all required parking on-site necessitated minor revisions to the approved site plan for the Project which are the subject of a Site Plan Amendment application that was submitted to the County's Growth Management Department by our office on July 20, 2007 and is currently under review. Section "C" of the development order for the Project states that the Major Site Plan approval for the Project expires on January 17, 2008, unless a building permit is issued or an extension is granted in accordance with the Section l1.02.06(B) of the St. Lucie County Development Code. Based on the issues identified above, it is not possible for the Owner to obtain the permits and 601 Heritage Drive, Suite 127 . Jupiter, Fl 33458' 561,691.4552 P . 561.691.4553 r· Info@johnstongroupi'Kcom . www.Johnstongroupinccom , ; Ms. Diana Waite . November 7, 2007 Page 2 of 2 approvals necessary to begin construction on the Project prior to the aforementioned expiration of the Major Site Plan. Accordingly, please accept this letter as a formal request for a twelve (12) month extension to the Major Site Plan for the Project in order to allow time for the County's approval of the revised site plan and, subsequently, the attainment of the remaining permits and approvals necessary for construction. Should you have any questions or comments regarding this matter, please do not hesitate to contact me. c. Jeffrey R. Freedman Kristin Tetsworth, Sl Lucie County Growth Management IIY I.... ...'0...............#...11II.... R......II:.....252J, lII:um....-nl 5 December 2007 Growth Management Department St. Lucie County, Florida 2300 Virginia Avenue, Ft. Pierce, FL 34982 Re: InOOo Crossings Phase n / Anya Group Dear Growth Management Department: Request is hereby made for an extension of our site plan approval for the above referenced project. As I am sure you are aware, in the time since our site plan was approved the market has seen a tremendous change and that change continues by the day. The changing market conditions has caused constant reevaluations of our development planning. We developers are also facing delays in financing as lenders and investors are more and more afraid to lend or invest in this environment. Of special concern are the high up-front fees demanded from us by the utilities. When homes are selling rapidly, high up-front costs are of little concern. At that time, home purchase contracts were being signed and deposits were being made before the first shovel had been lifted. These deposits helped pay the up-front costs and lenders and investors were funding more generously because of the signed contracts. In this market neither avenue is available to pay for these high up-front fees. In addition to the above, we are investigating the decoupling of the commercial portion of our project from the residential portion. All of this has caused a delay in initiating the building of our project. For all of these reasons, we are respectfully requesting an extension of our site plan approval. Please feel free to call should you have any questions or if we can be of further assistance. Very truly yours, Dror Treger Anya Group ~ · ~1 \0; 6\\.) .' ~f?)) , Oµ'P:> F¡,J FILe EDWIN M. FRY, Jr., CLERK OF THE CIRClHT COURT SAINT LUCIE COUNTY FILE' 2787963 01127J2OO15 at 03:28 PM T . RESO OR BOOK 24n PAGE Z84Z - 2848 Doc ype. ReCORDING: $81.00 1 2 3 4 RESOLUTION NO. 06-006 FILE NO.: MJSP.QS.Q03 5 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS INDRIO CROSSINGS - PHASE II 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 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Jeffrev Freeman. presented a application for a Major Site Plan Project, to be known as Indrio Crossings - Phase II, to provide for the construction of 84 multiple family units and 45,924 square feet of retail and office space, on 14.23 acres located at the southeast comer of Turnpike Feeder Road and Miramar Avenue, for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the S1. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the 51. Lucie County Land Development Code, the 81. Lucie County Comprehensive Plan and the Code of Ordinances of S1. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. , 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served water and sewer services by the St. Lucie County Utilities. 8. The applicant has applied for and received a certificate of capacity exemption, a File No.: MJSP-05-003 January 17, 2006 Resolution No. 06-006 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 copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Site Plan to be known as Indrio Crossings - Phase II, is hereby approved as depicted on the site plan drawings for the project prepared by Thomas Lucido & Associates, PA., dated 3/16/05, last revised on 1/9/06, and date stamped received by the St. Lucie County Growth Management Director on 1/10/06, for the property described in Section B, subject to the following conditions: 1. No construction authorization shall be issued until the effectiveness date set forth in Resolution No. 06-005 and Ordinance No. 06-007 that amend the Future Land Use Designation to RM and the Zoning District to RM-9. 2. Prior to the issuance of building permits within Phase I or Phase II, or permits for the construction of infrastructure within Phase II, a revised site plan modifying the commercial portion of this project (Phase II) shall be submitted to the Growth Management Department for review and approval. The modifications for Phase II shall include a 10 foot dedication for right-of-way needs along this project's Turnpike Feeder Road frontage and a 6 foot sidewalk and easement, dedicated to the County, inside the project property line along Tumpike Feeder Road. The applicant shall also demonstrate compliance with the Community Architectural standards at that time. The required modification shall be approved administratively and no application fee shall be charged for the required site plan revision. 3. Prior to the issuance of building permits within the Commercial portion of this project, plans indicating structures meeting the requirements of Section 7.10.24. Community Architectural Standards must be received and approved by the Growth Management Department. 4. Prior to the issuance of any building permits for the residential units, the developer shall enter into an agreement for Contributions toward public school land acquisition and facility construction for amelioration of the increased residential density or provide property owner association documents that include binding age restrictions for the residential community that have been reviewed and approved by the Growth Management Department and the S1. Lucie County School Board staff. 5. No Certificate of Occupancy shall be issued until the Developer has constructed Deleon Avenue in accordance with the approved construction plans. Construction plan approval shall require: File No.: MJSP-05-003 January 17, 2006 Resolution No. 06-006 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 B. 42 43 44 45 46 47 · A geotechnical report describing the recommendations for construction of Deleon Avenue as well as the seasonal high groundwater table, existing soil conditions, and existing & proposed elevations. · Drainage calculations and plans for the Deleon Avenue construction as well as the on-site drainage analysis. Additional stormwater storage and the outfall point for the construction of Deleon Avenue shall be accommodated on the project site. · A drainage easement shall be dedicated to St. Lucie County for access. 6. No Certificate of Occupancy shall be issued until the County Engineer conditionallY accepts the constructed roadway and the Developer posts any required construction and maintenance bonds. Prior to conditional acceptance by St. Lucie County, all testing and inspection reports verifying that construction was completed in accordance with St. Lucie County and FOOT standards, must be submitted to the Engineering Department (Attention County Engineer). As-built drawings shall also be submitted and must be signed and sealed by a Registered Professional Engineer and a Registered Professional Surveyor currently licensed in the State of Florida. 7. No building permit shall be issued until the developer has conveyed the six (6') foot pedestrian easement along Deleon Avenue to St. Lucie County. Easements shall be located contiguous to Deleon Avenue and in a form of conveyance acceptable to the County Attorney. 8. The irrigation system within this project shall be designed to accept reuse water as the preferred method of irrigation. 9. The proposed community clubhouse shall be built with: · hurricane resistant glass; and · hurricane resistant doors; and · an emergency generator. 10. Prior to issuance of a construction permit for this project the developer, successors or assigns, shall pay road impact fees for the entire project. Said impact fees shall be based on the following fees: · Multiple-family 1 & 2 Story($1,902 per unit) · Office space & Financial ($1,596 per 1000 FT2) · Retail ($3,389 per 1000 FT2) · Medical ($7,142 per 1000 FT2) The property on which this Major Site Plan approval is being granted is described as follows: That part of the Southwest % of the Northwest Y. of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida. lying East of Sunshine State Parkway Feeder Road (S.R. 713) and North of Indrlo Road, LESS and excepting therefrom the East 818 f..t of th. South 228.71 f..t. File No.: MJSP-05-003 January 17. 2006 Resolution No. 06-006 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 C. 28 29 30 31 D. 32 33 34 35 36 37 38 39 40 E. 41 42 43 44 45 46 F. 47 48 Less and except road rights-of-way as described in those certain deeds recorded In O.R. Book 585, Page 1449 through 1451, and O.R. Book 649, Page 027 and 028, of the Public Records of St. Lucie County. LESS AND EXCEPT: That part of the Southwest V. of the Northwest V. of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying East of SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and lying South of the fOllowing described line: COMMENCING at a point (P.O.C.) being the Southeast comer of the Southwest V. of the Northwest V. of said Section 13, run thence North 00 degrees 02'3" west along the East line of the Southwest V. of the Northwest V. of said Section 13,708.55 feet to the POINT OF BEGINNING (P.O.B.); thence run South 89 deg..... 59'58" West, parallel with the V. section line, 760.46 feet; thence run South 44 degrees 59'58" West, 51.71 feet; thence run North 45 degrees 00'02" West, 202.22 feet to the East right-of-way line of SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and the end ofthls described line. LESS AND EXCEPTING The East 20 feet for road right-of-way (now Deleon Avenue, formerly Royal Palm Avenue). PARCEL CONTAINS 619,978 SQUARE FEET, 14.23 ACRE +/- This Major Site Plan shall expire on January 17,2008, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(8) (3), St. Lucie County Development Code. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Jeffrey Freedman, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. A Certificate of Capacity Exception, a copy of which is attached to this resolution, was granted by the Growth Management Director on January 10, 2006, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the Sf. Lucíe County Growth Management Director. File No.: MJSP-05-003 January 17, 2006 Resolution No. 06-006 Page 4 ." After motion and second, the vote on this resolution was as follows: 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 3 31 32 33 34 35 36 37 38 39 40 Chairman Doug Coward AYE Vice-Chairman Chris Craft NAY Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner Joe E. Smith NAY PASSED AND DULY ADOPTED this 17th Day of January 2006. ATTEST: l¡::S~' . "'~ !l, . ~,,'j/j 't'. 'J \. ~~? ~~, :.:~-;;:...::~~:,;:;,>. dw H :/docldrclprojectslapprovedllndriocrossings 41 42 43 File No.: MJSP-05-003 January 17. 2006 BY: 1,1 _. Resolution No. 06-006 Page 5 · 1 Exhibit A 2 3 4 5 Certificate of Capacity Exemption 6 File No.: MJSP-05-003 January 17, 2006 Resolution No. 06-006 Page 6 . . . , . St Lucie County Certificate of Capacity Exemption Date 1/]0/2006 Certificate No. 4389 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the 5t Lucie County Comprehensive Plan for: 1. Type of development Major Site Plan, Futrure Land Use Change and Change in Zoning Number of units 84 Number of square teet 45924 2. Property legal description & Tax 10 no. 1313-231-0000-0004 SE corner of Miramar Ave and Turnpike Feeder Indrio Crossings - Phase II 3. Approval: Building Resolution No. Res 06-006, 4. As part of the development: Letter 5. On property owned by Jeffrey Freedman 2701 Rave II a Way Palm Beach FL 33410 is hereby granted a Certificate of Capacity Exemption according to Chapter 5.02.02 AD BO C~ DO ED FO GO HO 10 JO of the St Lucie County Land Development Code. 6. Certificate Expiration Date 1/17/2008 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissuec:l with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed ((¡u ~ â Date: 1/18/2006 Growth Management Director 5t Lucie County, Florida ~ AGENDA REQUEST ~hU&IIþ: :" ' COUNTY . FLORIDA ITEM NO. C-14a DATE: January 22,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request for Board Chairman to approve and sign the Bellsouth Contract Services Agreement. BACKGROUND: The agreement provides data services like T-1/Mega Link services at a reduced rate where specialized data circuits are needed. This would be highly utilized in cases where Metro E service was not applicable or not available. In addition the new agreement will provide for a reduced monthly rate from our previous agreement and it eliminates the installation charges for future new services. FUNDS AVAIL: Funds are available in the various Communication accounts for the departments. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve and sign the Bellsouth Contract Services agreement for 24 months. COMMISSION ACTION: M APPROVED [] DENIED [ ] OTHER: CON? ~Ias Anderson County Administrator Approved 5-0 Originating Dept: ~L QJ Review and ADDrovals .~ Management & BUdget:-r rn Purchasing: \.. ~ C. Other: f}ss:r County Attorney: "__'"W'WW_'WW~"_'W","'W_"~"<""'_" INFORMATION TEe H NO LOGY s."I!"@'~:~ '0' COUNTY'. FLORIDA - MEMORANDUM TO: DATE: Dennis Wetzel, Director Robert Valentino, Network & Telecom Operations Managerf!/ January 8, 2008 FROM: RE: Bellsouth / AT&T Contract Consent Agenda Item C-14A Please see the attached Board Consent Agenda Item C-14a. Item C-14a is for data network connections between buildings. The contract below is designed to provide for future connections and reduce cost on existing services. C-14a will provide a savings of $24,000.00 annually and $102,000.00 over the 48 month term of the agreement. C-14a Bellsouth Contract Services Agreement- The agreement provides data services like T -l/Mega Linle We use these circuits to connect remote offices to our network or Internet. In addition the agreement provides for services at a reduced rate from our previous agreements. This would be highly utilized in cases where Metro E services are not applicable or not available. In addition the new agreement will provide for a reduced monthly rate from our previous agreement and it eliminates the installation charges for future new services. The term of this agreement is 24 months. We are not expending any funds at this time under this agreement, this is for future services. INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Robert Valentino, Network & Telecom Operations Manager FROM: Heather Sperrazza Lueke, Assistant County Attorney ~\...- C.A. NO: 07-2199 DATE: December 27, 2007 SUBJECT: Bellsouth Contract Services Arrangement Agreement The above referenced Agreement is approved as to form and correctness. Please agenda for BOCC approval. Thank you. H LI cn Ene. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and St. Lucie County ("Customer" or "Subscriber"). This Agreement is based upon the fol1owing terms and conditions as wel1 as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said service period shal1 commence the date upon which instal1ation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the instal1ation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No.2 of the Federal Communications Comm ission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariffrates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein and except as otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed instal1ation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term ofthis Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. PRIV A TE/PROPRIET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 1 of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 7. (a) If Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration ofthe service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, termination charges are defined as fifty percent (50%) of the recurring charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement. (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company local services and the reseller executes a written document agreeing to assume all requirements ofthis Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Florida. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Companv BellSouth Telecommunications, Inc. Assistant Vice President 701 Northpoint Pkwy., #400 West Palm Beach, FL 33407 Subscriber St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. PRIV A TE/PROPRIET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 2 of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 13. Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement is deregulated or de-tariffed by operation of law, regulation, or otherwise, all references in this Agreement to "BellSouth General Subscriber Services Tariff', "BellSouth tariffs", "BeIlSouth's lawfully filed tariffs", or any other reference to BellSouth's tariffs on file with the Public Service Commissioner(s) of the applicable state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found at http://cpr.bellsouth.com/bst/productline.htm, all incorporated herein by reference as if fully included herein. Customer agrees such deregulated or de-tariffed Service shall be provided in accordance with the terms and conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or states and the BellSouth Service Agreement found at the link above. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms and conditions set forth in the body ofthis Agreement shall govem. 14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at http://cpr.bellsouth.com/bst/productline.htm,as applicable. Customer further agrees that this Agreement and any attachments hereto, constitute the complete and exclusive statement of the agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Agreement. PRlV A TElPROPRIET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 3 of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 Option 2 of 2 Offer Expiration: This offer shall expire on: 2/23/2008. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides for MegaLink® service. This Agreement is for twenty-four (24) months. Under this Agreement, the service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. Customer understands and agrees that Company is relying upon Customer's representations concerning the proper jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly, should the Company determine that the jurisdictional nature of the circuit or service is different than what the Customer represented. Customer agrees to hold the Company harmless, and to indemnify and defend the Company from any and all claims that may result from the Company's conversion of any circuit or service to the correct jurisdiction, based on any good faith effort to comply with applicable regulatory requirements. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. PRIV A TElPROPRIETAR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of? CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 Option 2 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: St. Lucie County By: Authorized Signature Printed Name: Title: Date: Company: BellSouth Telecommunications, Inc. By: Government Education Medical By: Authorized Signature Printed Name: Title: Date: PRIV A TElPROPRIET ARY CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMA nON , MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 5 of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 Option 2 of 2 RATES AND CHARGES 4 Rate Elements Non-Recurring Monthly Rate USOC MegaLink® service, Digital Local $.00 $85.00 lLDPZ Channel, first 1/2 mile MegaLink® service, Digital Local $.00 $10.00 lLDPA Channel, each additional 112 mile Clear channel capability, extended $.00 $.00 CCOEF superframe format, at initial installation MegaLink® Service Establishment $.00 $.00 MGLSE Charge, per entire MegaLink® MegaLink® . . visit, per $.00 $.00 MGLPV servIce, premIses visit 2 3 5 PRIV A TE/PROPRlET AR Y CONTAINS PRIV ^ TE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 6 of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-E369-00 Option 20f2 RATES AND CHARGES NOTES: I. All applicable rates and regulations for this service as set forth in the Private Line Services Tariff and the General Subscriber Service Tariff are in addition to the rates and regulations contained in this CSA. 2, These rates and charges include the rate elements that have been specifically discounted. Other rate elements that are used in the provision of the service may not have been listed but can be found in the appropriate BellSouth tariff. 3. The following nonrecurring charges will not apply upon initial installation. However, ¡fany of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability, USOC and/or Description NONRECU~NGCHARGE WGGVF-Contract Preparation Charge $326.00 MGLSE $575.00 each ILDPZ $350.00 each MGLPV $ 40.00 each All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 2 PRIV ATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 7 of7 AGENDA REQUEST ~~M@I¡[- .~, g COUNTY . Fl.ORIDA -- ITEM NO. C-14b DATE: January 22,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request for Board Chairman to approve and sign the Bellsouth PRI Centrex Agreement. BACKGROUND: This agreement partially overlaps the PRI Advantage Agreement. The PRI Advantage Agreement is still needed to support our existing circuits. This new agreement will cover new circuits not covered already by the PRI Advantage Agreement. The agreement provides telephone trunk line seNice to our larger offices where we have a PBX phone system like at 2300 Virginia Avenue. It also provides additional discounts where we have combined Centrex and PRI seNices at the same site. In addition the new agreement will provide for a reduced monthly rate from our Master PRI Advantage agreement and it also eliminates the installation charges for future new seNices. FUNDS AVAIL: Funds are available in the various Communication accounts for the departments. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve and sign the Bellsouth PRI Centrex Agreement for 23 months. COMMISSION ACTION: ¡1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas Anderson County Administrator {fsS'1-county Attorney: Originating Dept: ~/Z- ) Review and ADDrovals ~ Management & BUdget:# ffv Purchasing: l~ Other: ., INFORMATION TECHNOLOGY ~IØ@II(-': -;" ' COUNTY . FLORIDA MEMORANDUM FROM: Dennis Wetzel, Director Robert Valentino, Network & Telecom Operations Manage# January 8, 2008 TO: DATE: RE: Bellsouth / AT&T Contract Consent Agenda Item C-14B Please see the attached Board Consent Agenda Item C-14b. Item C-14b is for telephone main trunk line services where we have PBX telephone systems. The contract below is designed to provide for future connections and reduce cost on existing services. C-14b Bellsouth Pri Centrex Agreement- The agreement provides televhone trunk line service to our larger offices where we have a PBX phone system like at 2300 Virginia Avenue. It also provides additional discounts where we have combined Centrex and PRJ services at the same site. In addition the new agreement will provide for a reduced monthly rate from our Master PRI agreement and it also eliminates the installation charges for future new services. This agreement partially overlaps the PRI Advantage Agreement (item C-14c). This new agreement will cover new circuits not covered already by the PRI Advantage Agreement. The term of this agreement is 23 months. Weare not expending any funds at this time under this agreement, this is for future services. INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Robert Valentino, Network & Telecom Operations Manager FROM: Heather Sperrazza Lueke, Assistant County Attorney ~'\.../ C.A. NO: 07-2198 DATE: December 27, 2007 SUBJECT: Bellsouth PRI Centrex Agreement The above referenced Agreement is approved as to form and correctness. Please agenda for BOCC approval. Thank you. HL/cn Enc. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-F565-00 MASTER SERVICES AGREEMENT - ORDER ATTACHMENT FOR CSA SERVICES This Order Attachment Agreement is Made Pursuant to the Master Services Agreement No. FL02-C052- 10. This Agreement is entered into pursuant to Tariff Section A5 of the General Subscriber & Private Line Services Tariff. Offer Expiration: This offer shall expire on: 3/19/2008. Customer's Billing Address: St. Lucie County 2300 Virginia A venue Fort Pierce, FL 34982 PRIV A TEIPROPRIET ARY CONT AINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I of5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-F565-00 Option 1 of 2 Estimated service interval following acceptance date: Negotiable weeks Service description: This Contract Service Arrangement (CSA) provides for BellSouth® Primary Rate ISDN - BellSouth® Centrex Service. This Agreement provides for a twelve (12) to twenty-three (23) month service period. The service period for this Agreement is months. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year tenn. Customer Initials PRIV A TE/PROPRIET ARY CONTAINS PRIV ATE AND/OR PROPRIET AR Y INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 2 of 5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-F565-00 Option 1 of2 IN WITNESS WHEREOF, the Parties hereto have caused this Order Attachment to be executed by their respective duly authorized representatives on the date indicated below. Accepted by: Subscriber: St. Lucie County By: Authorized Signature Printed Name: Title: Date: Company: BeIlSouth Telecommunications, Inc. By: Government Education Medical By: Authorized Signature Printed Name: Title: Date: PRIV A TEIPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 3 of5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-FS65-00 Option 1 of2 RATES AND CHARGES 1 Rate Elements Primary Rate ISDN (PRl) Interface (DMS- 100, SESS), Per Termination on BellSouth® Centrex service, Per interface for connection to customer premises equipment, each Non-Recurring $.00 Monthlv Rate $350.00 2 Primary Rate ISDN (PRl) Interface (DMS- 100, 5ESS), Per Termination on BellSouth® Centrex servIce, Per B channel activated, each $.00 $.00 3 Primary Rate ISDN (PRl) Interface (DMS- 100, SESS), Per Termination on BellSouth® Centrex service, BeIlSouth® Centrex service PRl telephone number, each $.00 $0.20 4 Primary Rate ISDN D-Channel $.00 $.00 5 BeIlSouth® Primary Rate ISDN Access Line, each (Note 2) $.00 $135.00 6 BellSouth® Primary Rate ISDN, Calling Name Delivery Feature, Per Primary Rate Interface $.00 $75.00 PRIV A TE/PROPRIET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 4 of5 USOC PR74X PR 7BX PR7NA PR 7EX lLDIE PR7CN CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-F565-00 Option I of 2 RATES AND CHARGES NOTES: I. All rules and regulations for BellSouth® Primary Rate ISDN service as set forth in the General Subscriber Services Tariff (GSST) are applicable to this Agreement with the exception that volume discounts as outlined in the tariff do not apply. The rate elements included herein have been specifically discounted. Other rate elements used in the provision of the service have not been listed, but may be found in the appropriate Company tariff. Examples of other rate elements are: FCC surcharges, regulatory fees, taxes, or charges for features ordered that are not listed in the Agreement. 2. The following nonrecurring charges will not apply upon initial installation. However, if the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable tennination liability charges: USOC WGGVF ILDlE PR74X PR7BX Nonrecurrinl! Charl!e $326.00 $875.00, each $110.00, each $ 29.00, each 3. Apply five End User Common Line Charges for each Primary Rate Interface. All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 PRIV A TE/PROPRIET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 5 of5 AGENDA REQUEST ~T~hW@I,E-- --., " ' COU NTY . FLORIDA -- ITEM NO. C-14c DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request for Board Chairman to approve and sign the Bellsouth PRI Advantage Agreement. BACKGROUND: This is a renewal I extension of the previous agreement. The agreement provides telephone trunk line service (supporting local and long distance calling) to our PBX phone system at 2300 Virginia Avenue. In addition the new agreement will provide for a reduced monthly rate from our previous agreement and it eliminates the installation charges for future new services. Annual savings will be approximately $24,000.00 with a savings of $1 02,000.00 over the life of the agreement. FUNDS AVAIL: Funds are available in the various Communication accounts for the departments. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve and sign the Bellsouth PRI Advantage agreement for 48 months. [>1 APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 ¡1J5kounty Allomeyo ~ \ Originating Dept:_ ) Review and APP~ f "....h / Management & Budget:e..J'iL~Purchasing: ~y_ Other: ~,--",~""",,,-,,-,,-,,,,,,,,-,,-,,,,,g,,,,,,,,, IN FORMATION TECH NOLOGY S.~I!Ø@llf~ " ' COUNTY . FLORIDA - MEMORANDUM TO: FROM: Dennis Wetzel, Director Robert Valentino, Network & Telecom Operations Manage~j( January 8, 2008 DATE: RE: Bellsouth / AT&T Contract Consent Agenda Item C-14C Please see the attached Board Consent Agenda Item C-14c. Item C-14c is for telephone main trunk line services where we have PBX telephone systems. The contract below is designed to provide for future connections and reduce cost on existing services. C-14c Bellsouth Pri Advantage Agreement- This is a renewal/extension of the previous agreement. The agreement provides telephone trunk line service (supporting local and long distance calling) to our PBX phone system at 2300 Virginia Avenue. We currently have 3 PRI circuits providing service to this location. We need to upgrade to 4 in order to support the call volume shift resulting from our SUNCOM long distance service changes. In addition the new agreement will provide for a reduced monthly rate from our previous agreement and it eliminates the installation charges for future new services. The term of this agreement is 48 months. We are not expending any additional funds at this time under this agreement, this is for future services. Upon completion of this agreement and ordering the 4th PRI telephone circuit we will actually reduce our monthly telephone service cost for this location. INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Robert Valentino, Network & Telecom Operations Manager FROM: Heather Sperrazza Lueke, Assistant County Attorney ~ \..,./ 07-2200 C.A. NO: DATE: December 27, 2007 SUBJECT: Bellsouth PRI Advantage Agreement The above referenced Agreement is approved as to form and correctness. Please agenda for BOCC approval. Thank you. HL/cn Ene. @ S£L1S0UTH PRI Advantage Promotion St. Lucie County ("Customer") requests to participate in the Bell South PRI Advantage Promotion offered by BellSouth Telecommunications, Inc. ("BeIlSouth") for BellSouth Primary Rate ISDN (PRI) Service ("Service"), which includes both a Satisfaction Guarantee and waiver of nonrecurring installation charges if Customer purchases new BellSouth PRI Services under a twelve (12) month or greater term plan. Existing BellSouth PRI customers that have an expired term election agreement or have six months or less on an existing term election agreement for BellSouth PRI Services, and purchase BellSouth PRI Services under a twelve (12) month or greater term plan, are also eligible. Customer and BellSouth agree as follows: 1. BellSouth will furnish, install, maintain, and provide maintenance of the Service in accordance with the terms and conditions set forth herein, and in BellSouth's lawfully filed tariffs. 2. Customer agrees to pay BellSouth for the provision of the Service based on the monthly recurring charges, the non-recurring charges, and the selected length of term described herein ("Service Period"). The Service Period shall begin on the date Service is installed and billing begins, unless specified otherwise in the applicable tariff. The monthly rate will continue for the elected Service Period and will not be subject to a BellSouth-initiated change during this period. 3. In the event the Service is terminated prior to the expiration of the Service Period, Customer shall pay Termination or Cancellation Charges as specified in the tariff for the state in which the Service is provided. Notwithstanding the foregoing, for service provided in Tennessee, should Customer terminate this tariff term plan without cause prior to the expiration of this term plan, Customer shall pay a termination charge as specified in BellSouth's tariffs (Tenn. Code Annot. Section A2.4.10.E.1 and B2.4.9.A.4, available at http://cpr.bellsouth.com/pdf/tn/tn.htm). The terms for moves of service, upgrades to a higher level of service, and changes in jurisdiction shall be governed by the relevant tariffs for the state in which service is provided. 4. In the event the Service requested by the Customer is cancelled prior to establishment of Service, but after the date of ordering reflected herein, Customer shall reimburse Bell South for all expenses incurred in working on the request before the notice of cancellation is received. Such charges will not exceed the sum of all charges that would apply if the work involved in complying with the request had been completed. 5. Customer agrees to pay any added costs incurred by BellSouth due to a Customer-initiated change in the location of the requested Service prior to the time the Service is installed. 6. Applicable taxes and fees will be based on the full tariff price of all products and services, and no taxes or fees will be added to the amount of any reward under this promotion. 7. Additional rate elements not listed in this document are subject to rate stabilization as indicated in Section A42.3 of the applicable tariff. Other charges mandated by Federal, State, or Local statutes may also apply. Optional features may be added but are not covered by this Promotion. 8. Customer agrees to the following term and reward schedule: BellSouth PRI Service · State(s) Tariff: Florida General Subscriber Services Tariff · Service Period: 48 Months (minimum 12 months) · Installation Charges Waived' · Satisfaction Guarantee (as described herein) · B Channel Effective Monthly Rate of $15 .. , Applicable only to Services ordered by Customer at the time of execution of this Agreement. ,. B Channel rates available to B Channels ordered during the term of this Agreement. Customer will receive a credit on the bill that will provide Customer the promotional rate. 9. The Satisfaction Guarantee for the Service with this Promotion is described in this paragraph. In order to exercise the Satisfaction Guarantee, Customer must provide written notification to BellSouth of its lack of satisfaction with the Service within ninety (90) days of the date Service is installed. If Customer is not completely satisfied with the Service within ninety (90) days Page 1 of3 Private/Proprietary: May not be used or disclosed outside the Bel150uth companies, except pursuant to a written agreement 79456-5t Lucie County D IA PRI Adv CCP-48664-99 of the date the Service is installed, Customer may terminate the Service without early termination liability, subject to the following: a. b. c. d. Customer-provided equipment acquired for use with BellSouth PRI service will not be included in this plan. This guarantee will not apply to transfers of service, moves, or conversions. BellSouth PRI service will be disconnected no later than ten (10) days after receipt by BellSouth of notification of dissatisfaction. If Customer requests an extension of the ten (10) day disconnection interval to accommodate installation of a replacement product/service, Customer may extend the Service for no more than six months. During such extension period, Customer will be billed the recurring rates that were applicable to Customer's Service when that Service was installed. 10. This Agreement cannot be altered, modified or amended in any respect; any Customer changes have no effect. 11. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms. By signing or indicating acceptance, Customer acknowledges and accepts all terms of the Agreement. This Agreement is effective when executed by Customer and accepted by BellSouth, and is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. BELLSOUTH TELECOMMUNICATIONS, INC. By: Bellsouth Business Systems, Inc. By: Print Name: Title: Date: CUSTOMER: St. Lucie County Company Name By: Print Name: Title: Date: Offer not available after 12/31/06, Contracts signed after this date will not be accepted. Business Address: City/State: Business Phone: Rev, 7/1/2006 Page 2 of 3 Private/Proprietary: May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement 79456-5t Lucie County DIA PRI Adv CCP-48664-99 · . BellSouth® PRI Advantage Promotion Addendum 1. Customer and BellSouth acknowledge and agree that to the extent the BellSouth® PRI Advantage Promotion Agreement ("Agreement") applies to services provided in Georgia, North Carolina, South Carolina, Tennessee, Florida, Mississippi, and Alabama, and to the extent otherwise permitted or required by law or regulation, then such services and this Promotion shall be governed by the additional terms and conditions set forth in this Addendum. For services in anyone or more of these states, all references in the Agreement to "BellSouth's General Subscriber Services Tariff," "BellSouth tariffs," "Bell South's lawfully filed tariffs" or any other reference to BellSouth's tariffs shall be deemed to be references to the same provisions contained in BellSouth's Service Descriptions and Price Lists. and any changes that may be made therein from time to time. The terms contained in such provisions of the Service Descriptions and Price Lists shall constitute agreed contract terms and conditions, incorporated herein by reference as if included fully herein, and are available at http://cpr.bellsouth.com/bsUproducUine.htm.To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of the Agreement and this Addendum, and those incorporated herein by reference, the terms set forth in the body of the Agreement and Addendum shall govern. 2. This offer contains telecommunications services that are available separately on a standalone basis. 3. Customer agrees to pay for services covered hereunder at the prices, fees, charges, or rates set forth in the BellSouth Service Agreement or other applicable agreement in effect at the time Customer orders such services, subject to the rewards provided under this Agreement. All charges are exclusive of applicable federal, state or local taxes, and fees imposed or permitted by any authority, government, or government agency. If any payment due is not made by the due date on the invoice for such services, any late payment and interest charges will be computed at one and one-half percent (1 1/2 %) per month. In North Carolina, the late payment charges for the telecommunications services will be computed at 1 % per month and in Tennessee, the late payment and interest charges for the telecommunications services will be computed at 3% per month. In the event of a good faith dispute between Customer and BellSouth as to the correctness of items appearing on BellSouth's invoice to Customer, Customer may withhold payment of the disputed items only. 4. NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS MASTER AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. 5. The following limitations of iiability represent a material inducement to the Parties to enter into this Agreement. If additional risks or undertakings were contemplated by BellSouth, they would have been reflected in an increased price. In contemplation of the price, Customer acknowledges that there is consideration for the limitation of damages and remedies as follows: NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, ECONOMIC. PUNITIVE, INDIRECT OR SPECIAL DAMAGES OR LOST PROFITS, LOSS OF USE. OR TOLL FRAUD SUFFERED BY THE CUSTOMER OR ANY OTHER PARTY AS A RESULT OF BELLSOUTH'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, REGARDLESS OF WHETHER OR NOT BELLSOUTH HAS BEEN ADVISED OF THE POSSiBILITY OF SUCH DAMAGES. CUSTOMER'S SOLE REMEDY FOR LOSS OR DAMAGE CAUSED BY OPERATION OR USE OF THE SERVICE(S) OR FOR DELAY, MALFUNCTION OR PARTIAL OR TOTAL NONPERFORMANCE OF ANY SERViCE UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO THE CHARGES PAID, OR PAYABLE, BY CUSTOMER TO BELLSOUTH FOR SUCH SERVICE FOR THE PERiOD SUCH FAILURE, DELAY OR NONPERFORMANCE OCCURRED. 6. BellSouth shall not be responsible for any delay or failure in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any network provider or any other occurrence commonly known as force majeure, including weather, war, riots, acts of terrorism, embargoes. strikes, or other concerted acts of workers, casualties or accidents, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing that prevent or hinder the delivery of the Services. BellSouth may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence or occurrences, and in such event BellSouth shall have no liability to Customer. 7. Customer acknowledges that Customer has read and understands the Agreement and this Addendum and agrees to be bound by their terms. By initialing or indicating acceptance below. Customer acknowledges and accepts all terms of the Agreement and this Addendum as set forth above. including all terms set forth in the "Service Descriptions and Price Lists" found at http://cpr.bellsouth.com/bsUproducUine.htm. Customer Initial Here .... Rev. 7/01/06 Page 3 of 3 Private/Proprietary: May not be used or disclosed outside the Beli80uth companies, except pursuant to a written agreement 79456-8t Lucie County D IA PRI Adv CCP-48664-99 f . ITEM NO. C - 15a DATE: January 22, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS , P.E. SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Addendum No.1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project. No funds are associated with this addendum. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are encumbered on P2811222. . PREVIOUS ACTION: May 8, 2007 - Board approved to reject all bids. November 27,2007 - Award of Bid #07-103 for the Indian River Estates Stormwater Improvements- Phase I Pump Station project to Close Construction, Inc. in the amount of $4,471,114.00, and establish the project budget. RECOMMENDATION: Staff recommends approval of Addendum No.1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station to include additional contractual language required by our grant agencies and authorization for the Chair to sign. COMMISSION ACTION: ~] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [xl County Attorney ~~ 0 Mgt. & Budget [xl Originating Dept. Public Work'( r . [xl Exec. Assis. ßAto\ [xl Proj, Man, MH o Purchasing l 4 DIVISION OF ENGINEERING MEMORANDUM FROM: BOCC Michael Powley, P.E. - County Engineer t1JP TO: Date: January 22,2008 Subject: Addendum No.1 - Indian River Estates Stormwater Improvements Phase I Pump Station project Addendum No.1 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project to include additional contractual language as required by our grant agencies. Our contractor has agreed to incorporate these modifications at no cost to the County. .. ADDENÞUM NO. 1 TO NOVEMBER 27, 2007 CONTRACT C07 -11-654 WITH CLOSE CONSTRUCTION, INC. (INDIAN RIVER ESTATES STORMWATER IMPROVEMENTS) THIS ADDENDUM is made this day of ,2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the ·County" and CLOSE CONSTRUCTION, INC., a Florida corporation, hereinafter referred to as ·Contractor". WIT N E SSE T H: WHEREAS, the parties entered into a Contract on November 27, 2007; and WHEREAS, the parties desire to amend the Contract to incorporate required grant conditions.. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the November 27, 2007 Contract as follows: 1. The Contractor shall not subcontract work under this Agreement without the prior written consent of the County's Project Manager. unless the subcontractor has been identified in the Project Work Plan. 2. The Contractor shall comply with all applicable federal, state and local rules and regulations in performing under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 3. The Contractor agrees to comply with the provisions contained in Attachment I, Contract Provision, attached hereto and made a part hereof. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. WCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND .. I , CORRECTNESS: BY: County Attorney WITNESSES: ~ZiULUJ '- 2)pJ1AV~ ~ ,7;;/Yr.f CLOSE CONS. ~ me. BY'~ ~ (SEAL) ATTACHMENT I Contract Provisions The Contractor shall comply with the following: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity,H as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity, H and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.H 2. Copeland "Anti-ICickbGc:k" Act (18 U.S.C. 874 and 40 U.S.C. 276<:) - All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland" Anti-KickbackH Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United StatesH). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 2760 to 0-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include 0 provision for compliance with the Davis-Bacon Act (40 U.S.C. 2760 to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction H). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. EPA does not consider work performed under the 319 grants to fall under the definition of construction. Therefore, this provision does not apply to this specific agreement nutl'Iber. 4. ContrGet Work House and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work House and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 U2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ", 5. Right to Inventions Made Under a Contract or Agreement - Cantracts ar agreements far the perfarmance af experimental, develapmental, ar research wark shall pravide for the rights af the Federal Gavernment and the recipient in any resulting inventian in accordance with 37 CFR part 401, "Rights to' Inventians Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Caaperative Agreements: and any implementing regulatians issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 at seq.), and the Federal Water Pollution Control Act (33 U.S.C. 12!51 et seq.), as amended - Controcts and subgrants af amaunts in excess af $100,000 shall cantain a pravisian that requires the recipient to agree to' camply with all applicable standards, arders ar regulatians issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pallutian ContrO'l Act as amended (33 U.S.C. 1251 et seq.). Vialatians shall be reparted tothe Federal awarding agency and the Regianal Office af the Environmental Pratectian Agency (EPA). 7. Byrd Anti-lobbying Amendment (31 U .S.C. 13!52) - Contractars whO' apply ar bid far an award af $100,000 ar mare shall file the required certificatian. Each tier certifies to' the tier abave that it will nat and has not used Federal appropriated funds to pay any persan or arganizatian far influencing ar attempting to' influence an afficer ar emplayee of any agency, a member af Congress, afficer ar employee af Cangress, or an employee of a member of Cangress in connectian with obtaining any Federal contract, grant ar any ather award cavered by 31 U.S.C.1352. Each tier shall alsO' disclase any labbying with non-Federal funds that takes place in cannectian with abtaining any Federal award. Such disclasures are forwarded from tier to' tier up to' the recipient. 8. Debarment and Suspension (E.O.s 12M9 and 12689) - NO' contract shall be made to' parties listed an the General Services Administration's List af Parties Excluded from Federal Procurement or Nanprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarrment and Suspensian.H This list contains the names of parties debarred, suspended, or atherwise excluded by agencies, and contractors declared ineligible under statutory ar regulatary authority other than E.O. 12549. Cantractars with awards that exceed the small purchase threshold shall provide the required certificatian regarding its exclusian status and that of its principal emplayees. 9. Section !508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinkiftg Water Act, (42 U.S.C. 300h-3(e» - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to camply with all applicable standards, orders or regulatians issued pursuant to Section 508 of the Federal Water Pollutian Control Act, as amended (33 U.S.C.1368) and Section 1424(3) of the Safe Drinking Water Act, (42 U.S.C. 300h-3{e»). Vialations shall be reported to' the Federal warding agency and the Regianal Office of the Environmental Protectian Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI af the Civil Rights Act of 1964 (p.L. 88-352) which prohibits discrimination an the basis af sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act af 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis af age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment " and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and (I) the requirements of any other nondiscrimination statute(s) which may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provision of the Hatch Act (~U.S.C. 1!501-1!K)8 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (p.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of Flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended P.L. 93- 205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 4690-1 et seq.) 17. Compliance with P .L. 93-348 regarding the protection of human subjects involved in research, development and related activities supported by this award of assistance. 18. Complianc:e with 1he Laboratory Animal WelfQN Act of 1966 (p.L. 89-544. as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling and treatment of warm bloodied animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based pain in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained in the State' energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub.L.94-163. 89 Stat. 871). -t " ITEM NO. C -15B DA TE: January 22, 2008 AGENDA REQUEST REGULAR [ 1 PUBLIC HEARING [ 1 CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS ich el V. Powl County Enginee SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Request approval of Second Amendment to Work Authorization NO.2 to Contract C03-09-644 (Engineering Services Related to Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc. for Indrio Road / Kings Highway Intersection Improvements. No funds are associated with this amendment. BACKGROUND: See attached Memorandum 08-012 for additional information. FUNDS AVAILABLE: Funds are encumbered on Purchase Order P2811221 for Work Authorization NO.2 and Purchase Order P2612875 for Amendment NO.1 to Work Authorization NO.2. Both in Fund Number 101006-4116-563005-44001 Transportation Trust -Impact Fees. PREVIOUS ACTION: On October 26, 2004, the Board approved Work Authorization No. 2 with Kimley-Horn and Associates, Inc. of Contract C03-09-644 for the Indrio Road at Kings Highway Intersection Improvements in the amount of $90,000.00. On July 11, 2006, the Board approved the First Amendment to Work Authorization No. 2 with Kimley-Horn and Associates, Inc. for design modifications in the amount of $5,900.00. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the Second Amendment to Work Authorization No.2 to Contract C03-09-644 for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for Indrio Road / Kings Highway Intersection Improvements. COMMISSION ACTION: [4 APPROVED [] DENIED [ ] OTHER Approved 5-0 CON~E: /. ~ Douglas Anderson County Administrator ,.4:-" ['] Mgt & Budget lXl County Attorney IV [Xl Project. Manager ~ [Xl Exec. Assistant [X] Road & Bridge [ ] ERD ~t'\t"\ :\ .. , [X] Originating Dept. Public Works ~ l,,~ Purchasing Dept. I I (Check for copy I approval only, if applicable) \.. , SECOND AMENDMENT TO WORK AUTHORIZATION NO.2 C03-09-644 W.A. #2 PROJ/PROG 44001 Engineering Services Related to Roadway and Intersection Design Indrio RoadlKings Highway Intersection Improvements Work Authorization No.2 between St. Lucie County (the "County") and Kimley- Horn Associates, Inc. (the "Engineer") for Services for related to Roadway and Intersection Design, dated September 9, 2003 (the "Agreement"), is hereby amended for a time extension. All work shall be completed on or before May 31, 2008. All other terms and conditions of Work Authorization No.2 (C03-09-644) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Work Authorization No.2 (C03-09-644) to be executed and delivered on the dates below. ST. LUCIE COUNTY, FLORIDA ATTEST: BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: L I~~_ ¿5#~ , AND ASSOCIATES, INC. KIM BY: J \ DIVISION OF ENGINEERING MEMORANDUM 08-012 FROM: Michael Powley, P.E. - County Engineer Craig Hauschild, P.E. - Assistant County Engineer ~ TO: DATE: January 9, 2007 SUBJECT: Indrio Road / Kings Highway Intersection Improvements Contract 03-09-644 with Kimley-Horn and Associates, Inc. Second Amendment to Work Authorization No.2 <€;.--=::--.----- -- ~......."".=""'-~~;~~~,~--.~~---'^'~ _._,~..,....:;;&1':> Work Authorization No.2 with Kimley-Horn and Associates, Inc. of Contract C03-09-644 is for the design of intersection improvements for Kings Highway at Indrio Road in the amount of $90,000.00. The First Amendment to Work Authorization No.2 with Kimley-Horn and Associates, Inc. in the amount of $5,900.00 was for minor design modifications. The Second Amendment to Work Authorization No.2 is for the sole purpose of a time extension in which all work shall be completed on or before March 31, 2008. cc: Don West, P.E. - Public Works Director Barbara Meinhardt - Executive Assistant t " ITEM NO. C15c DATE: January 22, 2008 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4110) Donald Pauley Road & Bridge Man SUBJECT: Approval of Change Order #1, release of retainage, and make final payment of $ 80,143.88 for the annual 2006-07 Resurfacing Contract (C07-03-164) with Ranger Construction Industries, Inc, BACKGROUND: This contract was awarded to Ranger Construction Industries, Inc. on March 6, 2007 for resurfacing 8.08 miles of identified roads for the total amount of $1,054,186.80. During the work of the contract we determined that we would have monies left over and added three additional roads (.09 of a mile). The Airport has also added additional work to the contract. Although we have added additional work, the contract still had monies left over in the amount of $250,304.50. This is reflected in Change Order #1. All work is complete and final payment will be for retainage amount held during this project in the amount of $80,143.88. FUNDS ARE AVAILABLE IN: 316001-0000-205100-42003 Contract Payable Retained % PREVIOUS ACTION: Contract awarded on March 6, 2007 for $1 ,054,186.80. RECOMMENDATION: Staffs recommends Approval of Change Order #1, release of retainage, and make final payment of $80,143.88 for the annual 2006-07 Resurfacing Contract (C07-03-164) with Ranger Construction Industries, Inc. ~] APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: [xl County Attorney [] Project Manager [] Road & Bridge JJ- [x] Mgl. & Budget [x] Finance Director (l "{O (/hJld)Y [xl ~[Xl Dou as Anderson County Administrator dt~· Public Works Director Purchasing Dept , ~, CHANGE ORDER ST. LUCIE COUNTY PROJECT: St. Lucie County Annual Street Resurfacing Contract CHANGE ORDER NUMBER: NO.1 INITIATION DATE: 1/22/2008 CONSULTANT'S PROJECT NO.: TO (Contractor): Ranger Construction Industries, Inc 4510 Glades Cut-Off Road Ft. Pierce, Florida 34981 ST. LUCIE COUNTY CONTRACT NO: 07-03-164 CONTRACT DATE You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) March 6, 2007 The original Contract Sum was Net change by previous authorized Change orders The Contract Sum prior to this Change order $ 1,054,186.80 $ $ 1,054,186.80 $ 250,304.50 $ 803,882.30 ( 0 ) Days February 29, 2008 The Contract Sum decreased by this Change Order The new Contract Sum including this Change order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number 316001-41132-546200-42003 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 resuit or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Architect/Engineer SI. Lucie County - Road & Bridge 51. Lucie County Department 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address Address By Agreed To: Ranger Construction Industries, Inc Contractor Date By Authorized 51. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 4510 Glades Cut-off Road, Ft. Pierce, Florida 34981 Address By: Date Approved as to Form and Correctness: By Date County Attorney · .. AGENDA REQUEST ITEM NO. 16A DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [Xl TO: SUBMITTED BY (DEPT): Board of County Commissioners PRESENTED BY: ~~~ ouglas . Anderson, uJify- Administration Administrator SUBJECT: Sustainability Advisory Ad Hoc Committee - Comm. Craft will be appointing Leon R. Camarda. BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Craft's appointment of Leon R. Camarda to the Sustainability Advisory Ad Hoc Committee. COMMISSION ACTION: {f APPROVED [] OTHER: [] DENIED Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 . . St. Lucie County Board of County Commissioners Application for Servina on County Boards and Committees Thank you for applying for a position on one of Sl. Lucie County's many advisory boards and committees, The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s} you are interested in. See the list below, 2, Name: \ ff)Vì R. Ca..mf:lCdrA Phone: 3. Home address: . I cr 0; C·t 1"'~\J(f ~ . ßL+ 4. Which commission district do you live in? D\.s-\-<I('-t- 3 5. Business/Occupation (' n\f\shu.c.+ ìm.-. Mll.nCl(f r 6, Business address: _IOÇz..\ ,'9,J \I¡Ha.~-, ClWl~r Dr 'ßA Sl1u (', (', FL 34Cfn 7. Br~rm~¥\~:1n~~a~~m~~ £kJ. H~2-t ; ev? - 'ÙJ1 ¿,\ ACU«dd{-~~~) 8. Do you currently serve on a county committee(s)? If so, please list: No 9, Why do you think you are qualified to serve on the committee(s) indicated? I. ~'" --'~,,""':\ ,""o\úeA ,,~ ..."þ.:,...hl,. (~"k~1:t"" ..<vJ ~ ~~~_=:~i:r.tf1ù1trL ~:~~~~\AJ~t' ~l~urk~r ) ,¡, 10, Would you consider serving on another board other than the one(s) stated above? (Please specify) ~Å- ~ ~~e~~I~ Pa:þ~~~~~~~\;ttl~A~~I~~~ ~CDVl\~·\~e-. 11 . Comments: SIGNATU~~i;"I_ dJ7 e 0 DATE:~ 51. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: I:l AttainablelAffordable/Workforce Housing Task Force a Beach Preservation Task Force tl Bicycle/Pedestrian Advisory Committee a Board of Adjustment I:l Central Florida Foreign-Trade Zone, Inc. a Children's Services Council I:l Citizen's Budget Development Committee C Code Enforcement Board tI Community Development Slock Grant Citizen's Advisory Task Force (CDSG) tI Comprehensive Economic Development Strategy (CEDS) tI Contractors Certification Board tI Cultural Affairs Council tI Emergency Medical Services Advisory Council tl Environmental Advisory Committee tI Environmental Hearing Board tI Fort Pierce Harbor Advisory Committee tI Historic Preservation Committee tl Historical Commission a Housing Finance Authority tI Investment Committee C Library Advisory Board tl Planning & Zoning Commission/Local Planning Agency tl Recreation Advisory Board tI Restudy Coordination Committee tI Smart Growth Advisory Ad Hoc Committee ~ Sustainability Ad Hoc Committee tl Tourist Development Council tI Transfer of Development Rights (TDR) Advisory Ad Hoc Committee tl Treasure Coast Education & Research Development Authority tI Treasure Coast Health Council, Inc, APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 .. I LEON R. CAMARDA leoncamarda@vahoo.com Address 764 S.E. River Court Port Saint Lucie, FL 34983 OBJECTIVE: To elevate the awareness of sustainability and provide valuable information to government allowing educated decisions to be made in regards to sustainability. EDUCATION: FLORIDA ATLANTIC UNIVERSITY SCHOOL OF BUSINESS MBA with specialization in Real Estate Jan 2007-Present M.E. RINKER SR. SCHOOL OF BUILDING CONSTRUCTION UNIVERSITY OF FLORIDA Bachelor of Science in Building Construction with Honors 1996-2000 GPA: 3,32 WORK EXPERIENCE: CORE COMMERCIAL GROUP, LLC Port St. Lucie, FL March 2005- Present Project Manager · Responsible for estimating, scheduling, cost control, and tenant relations for all Commercial Construction in Tradition, Port St. Lucie, FL · Management of approx, 500,000 SF of Commercial Construction in Tradition. ROEl CONSTRUCTION CO. INC. San Diego, CA January 2001- March 2005 Assistant Project Manager · Performed Project Manager duties to include estimating, scheduling, cost control and construction problem solving. OTHER EXPERIENCE: · Education Chair, U.S. GREEN BUILDING COUNCIL TREASURE COAST BRANCH · Reconnaissance Marine, UNITED STATES MARINE CORPS August 1992- August 1996 CERTIFICATIONS! LICENSES: · LEED Accredited Professional · Florida State Certified General Contractor · South Carolina State Certified General Contractor · FL Licensed RE Saies Associate · 10 hour OSHA certification EXTRACURICULAR ACTIVITIES: Surfing, Golfing, Fishing, Traveling · #< AGENDA REQUEST ITEM NO. 168 DATE: January 22, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration Administrator SUBJECT: Sustainability Advisory Ad Hoc Committee - Comm. Smith will be appointing Alan H. Gilbert. BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Alan H. Gilbert to the Sustainability Advisory Ad Hoc Committee. ~ APPROVED [] OTHER: Approved 5-0 [] DENIED COMMISSION ACTION: Douglas M. Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget:_ Originating Dept: _ Other: Finance: (Check for Copy only, if applicable) Fry, Clerk of Court Effective: 5/96 Purchasing: _ Other: Presentation by Ed ~ EDUCATION University of Miami Coral Gables, Florida Bachelor of Architecture Architectural Registration Florida #AR11125 USGBC - LEED Accredited Professional New York State Energy Research & Development Authority (NYSERDA) Accredited High Performance School Designer STRENGTHS 18 years experience in the planning, approval, design and construction of educational facilities Extensive knowledge of all codes and standards for Educational FacHitœs Expertise in design, design development, programming, preconstruction services, construction management, plan review and site observations Acknowledged expert in Educational FacHmes PROFESSIONAL ASSOCIATIONS American Institute of Architects (AlA) National Council of Architectural Review Boards (NCARB) Florida Educational Facilities Planners Association (FEFPA) Alan H. Gilbert AlA 327 N. W. Commerce Park Dr., Port Sl. Lucie, FI 34986 (772) 340-4816 . email: oílberta@stlucie.k12.fl.us EXPERIENCE 10/5/2005 St. Lucie County School Board Executive Director Facilities and Maintenance Responsible for new construction, remodeling, renovation and maintenance of36,000 student school district. 1/5/2004-10/5/2005 James A. Cummings, Inc. Ft. Lauderdale, Florida Director of Facility Analysis Code review, Business development, Project Management 07/2002-12/2003 Fanning/Howey Associates, Inc., West Palm Beach, Florida Executive Director Architect-in-charge of educational facility projects for Palm Beach, Broward, Martin and Monroe County School Districts, 02/2002-07/2002 School Board of Broward County, Ft. Lauderdale, Florida Chief Building Ofiicial Authority having jurisdiction over code review, permitting, and inspection of educational facilities for the school board OS/2001-02/2002 School District of Palm Beach County, W.P.B., Florida Director Building Department! ChiefBuilding Official Authority having jurisdiction for code review, permitting, and inspection of educational facilities within the school.district 11/2000-05/2001 School District of Palm Beach County, Acting Director of Program Management Along with Professional Resource Administrator duties, administered 1.2 billion dollar design and construction program 10/1995-05/2001 School District of Palm Beach County, Professional Resource Administrator Administrated district architects, engineers and related professionals. 05/1995-10/1995 Florida Atlantic University, Boca Raton, Florida Project Manager Administrated Major Projects for the university, 04/1994-05/1995 School District of Palm Beach County - Architect Established and monitored design criteria and supervised plan review and approvals, 09/1989-03/1994 Fl. Dept. of Education, Office of Technical Facilities Architect Office was Authority Having Jurisdiction over nine School Districts and seven Connnunity Colleges. .. PUBLIC FACILITY EXPERIENCE DADE COUNTY PUBLIC SCHOOLS District Administration Building School of the Arts SCHOOL BOARD OF BROW ARD COUNTY Rock Island Elementary Arthur Ashe Middle School SCHOOL DISTRICT OF PALM BEACH COl:NTY Forest Hill High School Cholee Lake Elementary Belvedere Elementary Jupiter Elementary Greenacres Elementary South Olive Elementary Lake Worth High School Palm Beach Gardens Baseball Complex MONROE COUNTY PUBLIC SCHOOLS Coral Shores High Schoo] Key West Hlgh School ST. LUCIE SCHOOLS F,K. Sweet Elementary VOLUSIA COU~TY SCHOOL DISTRICT Deland High School MIAMI DADE COMMUNITY COLLEGE Downtown School of the Arts South Campus Lecture Bldg, FLORIDA KEYS COI\1:\lITNITY COLLEGE Key West Auditorium FLORIDA ATLANTIC UNIVERSITY Student Services Building Remodeling and Additions Lifelong Learning Center Assembly Building ADA upgrades at all campuses EXPERIENCE CONTINUED 1/89-09/1989 William Cox and Associates, Coral Gables, Florida Architect Participated in development team for City of Boca Raton Downtown Development Code 1/88-11/88 Margolis Enterprises, Boca Raton, Florida Architect Space Planner, Construction Manager, and Leasing Agent of Office/Showroom/W arehouse Facilities Plum Park Commercial Park Plum Tree Commercial Park 5/86-11/87 Ronbeck Construction, Aventura, Florida Construction Manager Mystic Pointe - Eighteen Story Condominium 10/84-4/86 SKG Partnership, Miami, Florida Partner Owner, Developer, Designer, Construction Managing Partner, and Leasing Agent, of Retail Shopping Center 2/83-9/84 Pietro Belluschi and Associates, Miami, Florida Architectural Designer Public space and guest suite design for twenty-eight story hotel and tenant space design for thirty-two story office Building Hotel Intercontinental, Miami, Florida Ed Ball Office Building, Miami, Florida PUBLICATIONS "Natural Disaster and Crisis Management in School Districts & Community Colleges" "Florida Educational Facilities" "OEF Facts" - ongoing publication of the Department of Education Office of Technical Facilities REFERENCES Available on Request , St. Lucie County Board of County Commissioners Application for Servin~ on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees, The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members, · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests, Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. Sustainability Ad Hoc 2. Name: Alan Gilbert, AlA. LEED Phone: 772-340-4816 3. Home address: 6810 Viento Way. Boca Raton. FI. 33433 4, Which commission district do you live in? N/A 5. Business/Occupation Executive Director of Facilities and Maintenance SDSLC 6, Business address: 327 N.W. Commerce Park Dr., pt. St. Lucie. FI. 34986 7. Brief resume of education & experience: (Please attach resume) See attached Resume 8. Do you currently serve on a county committee(s)? If so, please list: No 9. Why do you think you are qualified to serve on the committee(s) indicated? Florida Re~istered Architect # 11125: LEED Accredited Professional: Florida Licensed Buildin~ Official License # 1259 linactive) .' 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) No 11, Comments: We are movinQ the school district towards areater sustainabilitv and much of the information would be cross applicable to the County. SIGNATURE: DATE: Alan Gilbert 12/12/2007 St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: t% Attainable/AffordablelWorkforce Housing Task Force t% Beach Preservation Task Force t% Bicycle/Pedestrian Advisory Committee t% Board of Adjustment t% Central Florida Foreign-Trade Zone, Inc, t% Children's Services Council t% Citizen's Budget Development Committee t1 Code Enforcement Board t1 Community Development Block Grant Citizen's Advisory Task Force (CDBG) t1 Comprehensive Economic Development Strategy (CEDS) t% Contractors Certification Board t% Cultural Affairs Council t% Emergency Medical Services Advisory Council t1 Environmental Advisory Committee t% Environmental Hearing Board t% Fort Pierce Harbor Advisory Committee t% Historic Preservation Committee t% Historical Commission t1 Housing Finance Authority t% Investment Committee t% Library Advisory Board t% Planning & Zoning Commission/Local Planning Agency t% Recreation Advisory Board t% Restudy Coordination Committee t1 Smart Growth Advisory Ad Hoc Committee t1 Sustainability Ad Hoc Committee t1 Tourist Development Council t1 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee t1 Treasure Coast Education & Research Development Authority t1 Treasure Coast Health Council, Inc. APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 .. . AGENDA REQUEST ITEM: # C-17A 1/22/08 DATE: REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources / Risk Management SUBJECT: Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoice. BACKGROUND: Medical care for incarcerated jail inmates provided off-site (outside the jail) are paid under contract by Prison Health Services (PHS) and reimbursed by the County according to contract including psychotropic drugs. Our contract with PHS requires that the aggregate cap invoices be reimbursed per fiscal year quarter. This request includes fourth quarter invoice number PHS0002895 for FY 06 - 07 in the amount of $308,403.35. Funds are available in: 001-2300-531300-200. First and third quarter FY 06-07 invoices have been paid. Staff recommends payment of PHS invoice in the amount of $308,403.35 per contract agreement. GENERAL NOTES: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: p<J APPROVED [] DENIED [ ] OTHER: CON7 ~I Douglas M. Anderson County Administrator Approved 5-0 County Attorney: ! ·1 .r-. (lJ 1i-;::_Ì'--- 1: () R,,¡,w ,,' APPro""f(ff ~ Management & Budget: ~ - Other: ' Purchasing: _~- Originating Dept Other: Finance: (Check for Copy only, if applicable)_ .. . BOARD OF COUNTY COMMISSIONERS ~=r. ~eIEI f ~ ,- COUNTY ~ " FLORIDA RISK MANAGEMENT WAYNE TEEGARDIN RISK MANAGER FROM: BOARD OF COUNTY COMMISSIONE~S tJ. ¡JJ~ WAYNE TEEGARDIN, RISK MANAGER 1/22/08 TO: DATE: SUBJECT: Prison Health Services (PHS) Inmate Health Aggregate Cap & Psychotropic Drug Invoices Backqround: Medical care for incarcerated jail inmates provided off-site (outside the jail) are paid under contract by PHS and reimbursed by the County according to contract including psychotropic drugs. Recommendation: Staff recommends payment of PHS invoice in the amount of $308,403.35 per contract agreement. jOSEPH E. SMITH, O:strict NO.1 DOUG COWARD, District No.2 PAULA A- lEWIS, District NO.3 FRANNIE HUTCHINSON_ District No 4 CHRIS CRAFT. District No.5 County Admlnlstrator ~ Douglas M. Anderson 2300 V:rginla Avenue - Fort Pierce. FL 34982·5652 - Phone (772)-462-1783 FAX (772) 462-2361 . email: teegardw@co,s[-Iucie,n.us website: www.co.st·lucle.fl.us /... v,,' ,e/LVOd Vi .:ii r ,lJ, ,:'. db.:ib41~VI8 RLLIANC~M~UICRLMANAGEFIC AM Alliance Medical Management M JanUßI)' 15,2008 Mr. Wayne Teegardin, Risk Manager St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Teegardin, \.", ("'~ .",,,. ~:': ~;~ - ..".,'" i(i~.; c2 \.;..~ Tills letter is to inform you that I have received PHS' invoice #PHS0002895 for the amount of $308,403.35 and find that it is the correct invoice amount fOT the period of 10/1/06 to 9130/07. Please let me know ifI can be of further assistance, Sincerely, ~;1 , ~l. ¡' /I /../ ~'lf' / Jt"f-L -,) Ct6-, Philip Hoelscher, President Alliance Medical Management fdJ001/001 q? :::l '...v 01115/2008 TUE 07:50 [TX/RX NO 5504] @OOI .. Invoice Number: PHS0002895 Prison Hea 1th Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ex!. 338 10# 23-2108853 St. Lucie COWlty Risk Management Attn: Mark Godwin 2300 Virginia Avenue Ft. Pierce, FL 34982 Customer Number: 1534B Aggregate CAP Psychotropics for 10/1/06-9/30/07 as of Sep07 .. Utilization andHIV-MedsJor.1 OilJ06·9L30L07as ofSepQl.___ ---- Amount Due: $308,403.35 Remit Payment To: Prison Health Services, Inc. 12464 Co1\ection Center Drive Chicago, IL 60693 November 18, 2007 NET 30 DAYS . .. PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL'" Payment Due Date: Account Tenus: October 19,2007 on '" . :~? ?n/'17 -<.'" $27,482.76 __$2_8Q,921U2.___ _.. -... -. , .. QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2006 through September 30,2007 Psycho tropics For the nine months ended: September 30, 2007 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 56,180.00 Annual Aggregate Total: $ 56,180.00 100% bill back over $ 56,180,00 Summary of Aggregate Calculation through 09/30/07: Pharmacy - Psychotropic Meds: $ 137,143,17 Total Paid through 09/30107: $ 137,143,17 Aggregate Limit (PHS responsibility) pro-rated 12 months: $ 56,180.00 Total PHS responsibility as of 09/30/07: $ 56,180.00 Less: Invoice PHS0001204 Less: Invoice PHS0001757 Less: Invoice PHS0002370 $. $ $ __ .-'7,785.70) (7,676,01) (38,018,70) $ (53,480.41) AmqUnt Due ThiS Quarter $ 27.48~,76 Invoice PHS0001204 Invoice PHS0001757 Invoice PHS0002370 $7,785,70 $7,676,01 $38,018.70 $ $ $ Amount Paid 7,785.70 $ $ 38,018.70 $ Amount Due 7,676.01 Total amount due for current contract year $ 35.158,77 .. QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1,2006 through September 30,2007 Utilization and HIV Meds For the nine months ended: September 30, 2007 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 295,087.00 Annual Aggregate Total: $ 295,087,00 100% bill back over $ 295,087.00 Summary of Aggregate Calculation through 09/30107: Paid Claims Pharmacy - HIV/Protease Inhibitors: $ $ 755,353.65 368,995,55 Total Paid through 09/30/07: $ 1,124,349,20 Aggregate Limit (PHS responsibility) pro-rated 12 months: $ 295,087,00 Total PHS responsibility as of 09/30/07: $ 295.087,00 Less: Invoice PHS0001204 Less: Invoice PHS0001757 Less: Invoice PHS0002370 $ $ $ (103,945.15) (216.817,22) (227,579.24) $ (548,341,61) IAmount OlS This Quarter Invoice PHS0001204 Invoice PHS0001757 Invoice PHS0002370 $103,945.15 $216,817.22 $227,579.24 $ Amount Paid $ 103,945,15 $ $ $ $ 227,57924 $ $ . ~8Q.920.591 Amount Due 216,817,22 Total amount due for this contract year 497,737.81 AGENDA REQUEST ITEM # C17B DInE 01/22/2CJOfj REGULAR [ ] PUBLIC HEARING CONSENT [X] TO BOARD OF COUNTY COMMISSlor\jEF~S FJRE:Sf.::N I i=D 8Y Cal' Holeva U!reClO! Human Resoll1ces SUBMITTED BY (DEPT) Human Resources SUBJECT: Compliance with HB7197 Section 119071 (5) Florida Statutes BACKGROUND. All public entities are now prohibited from collecting socia! seculity numbers unless the reason fOI collection is stated ill writing arld the collect!on is authollzed by law or imperative for pel'formarlce of duties ami responsibilities I'equired by law Sectiolll1Q 071(5), Florida Statutes. (See attached) Section 119071 (5) page 11 of 15 GENERAL NOTES: There are varying approaches for dealing with this requirement One Method to administer this requirement is the inclusion of a statement with our application process (See attached) Re Collection of Personal Information. FUNDS AVAIL N/A. PREVIOUS ACTION N/A RECOMMENDATION Staff recommends Boald approval of Collection of Personal Information In order to be in compliance with Section 119071 (5), Florida Statutes COMMISSION ACTION: r:1 APPROVED r] DENIED [ ] OTHER Approved 5-0 Douglas !VI Anderson County Admlnlstraim Rev I evv. .9JJ.CU'Jl.JlIOV 9J~' County Attorney ~ r f,)4l"' rvlanaqelTllc:1i1 & Budç¡et. ,____._~.... PurC'haSlng Orlglllatlllg [)ept.Æ.'.._¿~,- ()thPI ()t"'er Finance (Clleck fOI Copy ()[l'Y. If appllca!:Ic',. HUMAN RESOURCES DIRECTOR BOARD OF COUNTY COMMISSIONERS CARL HOLEV A AGFNDA TO: BOARD OF COliNTY COMMISSIONERS FROM: Carl Holcva, Human Resoun:es Director DATE: .January 22,2008 SUBJECT: Compliancc with Section 119.071 (S) Floriúa Statutes BACKGROUND: All public cntities are now prohibitnl 1'1'0111 collectint' s(lci,¡J SL:clllih 1I111llhl'l', Ullk." ¡IlL' reason lCll collectioll is sU¡kd III writillg alH.! till' collection is ,¡'utllUri/cd h\ law ()I' imperative i'or peri'Òrmallcc 01' duties alld respollsibilities relllllrcd b\ law: Seclion 119,07(5) Florida Statutes, ¡)leasc (sec ;¡ttached) Rc: Colledio~ of Pel'sonal Information form givcll to each applicallt Ilotil'ving thcm 01' the rcason fClI' collcctinl' their Social Secllli1y nllmbcr lè.1r thc purPOSl' 01' i'ullillill!:, dUliL's alld n,:spol1sihilitic:; i1~ presCt'ibcd by lavv, (Scc attachcd) Certification of Compli:IIIl'\' ll;lll',1 I' 111()7, addrcssL'd to Thc Ilollorablc ken I'l'llill, I'l'csidclll 11()I'id,1 \l'ililil' RECOMMENDATION; StatT recommends Goard approval or Collection of Personal I nfonnation in OHler to hi,' in compliance with Section 119'(171(5), Florida Statutes, Respectfully Submitted, .-" ~ .-A"" ~. Cml IlokvéI llunwlì ResllulTcS Director Attachments: Section 11 9()71. Chapter 11 C) Public RCCllrds Certification of Compliance elated 12/1 ()/()7 Collection ofPcrsonalln()],lì1ation (IÙrm) JOSEPH E, SMITH, DiSTricr No.1. DOUG COWARD, Disrricr No.2. PAULA A. LEWIS, DiSTrict No. J . CHARLES GRANDE, DiSTrict No.4' CHRIS CRAFT, DiSTrIct NO.5 County Administroror - Douglas M. Anderson 2300 Virginia Avenue . Fan Pierce, FL 34982 · Phone (772) 462-1546 FAX (772) 462-2361 . TDD (772) 462-1428 · Job Line (772) 462-1967 · web sire www,CQ,st-lucie,fl.us Statutes & COllstitutiollView Statutes :->2007->C110]] 9->Sectioll 07] : Online SUllshinc P;lgc I ill' I ~ Select Year: 2007 1~~1 The 2007 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chaptel- 119 View EnUI e Chaolel PUBLIC RECORDS 1119.071 Gent.ral exemptions from inspection or copying of public records. (1) AGENCY ADMINISTRATION_ (a) Examination questions and answer sheets of examinations administered by a govelT1Iì1ental agency fOI- the PUI-pose of licensure, certification, or employment are exempt from s. 119.07(1) and s, 24(aì, Art. I of the State Constitution. A person who has taken such iJll examination has the right to review hiS or her own completed examination, (b)1.a. Sealed bids 01- pmposals reLelVed by an agency pUI-suant lo ilwitations to bid 01 I (-'quest, DI proposals are exempt florn s. 119,07(1ì and s. 2.4Ia), Art. I of the State Constitution until :;uc!i tin!e ;1', the agellCY provides notice of a decislOll 01 mtencled decision pUlsuant to s. 12U_'j7(J days after bid 01 p,oposal opening, whichever is earlier, I ur \/ý'I(hì 1(-\ ,<-.1 b, If an agency rejects all bids 01 proposals submitted in I-esponse to iJn invltatlon to bid 01 request rOI proposals and the agency concullently provides notice of its intent to reissue the invltatioll to bid 01 request for proposals, the I-ejected bids or proposals remain exempt from s, 119,07(1) and " 24(0) .Art. I of the State Constitution until such time as the agency provides notice of a deClsion or intelKieci decision pursuallt to s,120,57(3)(a) concellling the reissued invitation to bJd or request. ler pro¡Jo';ills 01 until the agency withdraws the leissued invitation to bid or I-equest 101 proposals_ This sUtJ-suLlpaiag,-ap!i is subject to the Open Govelnment Sunset ReView Actin accordance with s.119_15 and shall stand repealed 011 Oetobel 2, 2011, unless reviewed and saved from repeal through I-penactrnent by the Legislatul-e. 2,d, A competitive sealed reply in response to an invitatIOn to negotiate, as dcfmecllll '" ¿('i.OJ:! -, exempt from s. 119_07(1) and s, ?.4(ai, Art. I of tne State Constitution until SUCll tilTH-' ilS the agel ley provide', notice of a decision or intended decisiml pursuant to s, 'l20,57(3)(a) Of until 2U cii.!y:, attel lhi:' final competitive sealed leplib are all opened I whlCllevel- occurs callier, b. lf an agency I-ejects all competitive sealed replies HI response to an invitation to ¡legoliait' cllll; concurrently provides notice of its intent to reissue the invitatioll to negotiate and reissues the invitation to negotiate within 90 days aftel- the notice of illtent to reissue the ílwltatioll to negotiate, the rejecteclreplies remain exempt flOI11 s, 119.07(1) and s, 24(a), Art. I of the State ConstltutlOn until such time as the agency orovides notice of a decision or intended decision pUlsuant 10 s.120,57(3)(a) concelning the reissued invitation to negotiate or until the agency withdraw'; the reissuecl iflvILc:i:JI' hllp //Ve'v" leg ,stalc, 11, llS/S tatlltes/ì ndc:\.c ¡ill '! App_ Illude= Dì SpÌ;l~ _ S tatlllc& Search Stri Ilg 1/1 )/2()()¡; StillUlCS &. Constitution :Vievv Statutes :->2007->ChOl19-Section 071: Online Sunshinl' Page:2 0' I ~ negotiate, A competitive sealed reply is not exempt for lClIIgel thai! '12 rnurlth<, aftel the Imtld: i1;;"I'(" notice rejecting all replies, c. This subparagl'aph is subject to the Open Government Sunset Revlew Act in accol'dance with s. 119.15 and shall stand repealed on Octobel' 2, 2011, unless reviewed and saved from repeal through reenactment by the Legislatul'e. (C) Any financial statement that an agency requires ¿¡ prospective bidder to subrnit in orclcr to prequalify fOI" bidding ûI" fOl' respondmg to ò proposal fOI" a road or allY othel public works is exempt from s, 119,07(1) and s. 24(ili, IIrt I of the Statf' ConstitutlOn. (d)l, A public record that was prepared by an agency attomey (lIlcluding an attomey employed 01 retained by the agency or employed 01" retained by another public officel 01 agency to plotect 0' represent the interests of the agency having custody of the record) or prepared at the attorirey'" C'xples; dil'ection, that reflects a mental impressioli, conclusion, litigation strategy, or legal theory of the attorney 01 the agency, and that was prepal'ed exclusively fOl" civil or criminallitigatioll or fo: adversarial administl'ative proceedings, or that was prepal ed in anticipation of ilmninerlt cNil 01 crirnlllallitlgatlOn or imminerlt adversarial administrative proceedings, is exempt from s. 119.07(1) and s, 24(a), Art. I of the State Constitution until tile conclusion of the litigation 01 adversa:izr admilllstrative proceedings, For purposes of capital c:ollaterallitigation as set fortil in '" 27 7001, the Attollley General's office is entitled to claim til:~, exemption for those publIC ¡,:'cords prepal ed :01 elil eel appeal as well as for all capital collateral litigation after dilect appeal until executioll of sentelKe 01 imposition of a life sentf'llce, 2, This exemptlOll I~, not waived by the lelease of such public lecoiello anol. hel pUDh.l! offïcer- of the samt" agency or- any pf.'fson consulted by the agency attorney \Nherl d~)sf'rtl!1¿~ n~' ! (, wrt.rlrìolc! ò !JlÜJt]C_ ! C'COI'c.1 pur"suant tc' ttli~, pi:Hd~rdp¡¡, Uìt-.: rl~.~f_>1 iCy <,hall. jdent iry the potC'nu Diil 11i ' any such c'iminal or clvillitigatioll 01 adveisal'ial administrative proceedings, If ,1 court finds that the document or other I'ecord has beelllmpmperly withheld undel' this paragraph, the pat'ty seekÌllg access to such document 01 I"ecord shall be awarded I"easonable attomeys fees and costs ill additioli to any other lemedy ordered by the COUI't. (e) Any VIdeotape 0' Video slgrli.li that, ulrdcl an dgrcemel1l wHh all agency, IS produced, mack. ," leceived . 01 I:; ill the cLbtocly of, i1 fedel'ally l1censedl"adi() or televisloll station or it'; agent !e, ('xcmpr f!"Om s. 119,07(1), (f) Data processing software obtained by an agency under a licensing agreement that prohibit', it, disclosure and which softwalT is a trade secret. a:; defined in s, 812.081, and agencY'pr~)duC!Cc! (iaté! processing software that is sensitive arc exempt frolTI ,," 119,CJ7(í) éHld \.24(,1;.1\1\, of Ii,,· ',¡,if( Constiluiioll, The designation of agellcy"pl ocluced softwdlc as sellsitivc' :;hdllllOt ploiìltm ilil dge·, y head frorn :;haring 01 exchanging such software with another public agpncy, 2(15)1, United States Censu:; Bureau address mfolmation, which includes maps showing stwctUJe locatlOl! points, agency recol"cls verifYing addresse:;, alld agency lecords identifying ilddress enol's or omissiom, hn]!'\V\v\v, k~,st¡¡IC, {1 ,u,;iSt,llulcsiindex,c1Il1'I;\ pp_lì1\lCk= DisplaL Stalutc&.S\è,u'ch_S trin~.., 1 1') ':21 )I)S Statutes & Constitution :View Slalules->2007->Ch011 e!-'·Seclioll 071 : Onlinc Sunshinc 1)~lgc ~ 1111~, held by an agency pursuant to the Local Update of Census Addresses Proglilm, T1Ue 13, United Slr1te~; Code, Pub. L. No. 103-430, is confidential and exempt fmms. 119.07(1) and s, 24(a), ¡\n. I of the Stat!' Constitution. 2. Such information may be I'eleased to another agency 01 govel-nmental entity 111 the furthl:'I-ëHIC ll' duties and responsibilitie" under the Local Update of Census Addresses Program, 3, An agency perfolming duties and respunsibilities undel' the Local Update of Census Addresse', Program shall have access to any other confidential 01- exempt information held by anothel agency 1f such access is necessary in order to perform it:, duties and responsibilities under the program, 4, This exemption is subject to the Open Govelllment Sunset Review Act in accordance with " 119.15 and shall stand repealecl Octobel' 2, 2012, unless reviewed c\lld saveel fmnl lepeal through reenact mellt by the LegIslature. (2) AGENCY INVESTIGtITIONS.-- (a) All criminal intelligence and uiminal investigative inFormation received by iJ crillllllal Justice agel!( Ixiol' to January 25, 1979, is exempt from s. 119.07(1) and s. 24(a), AI't. I of the State Constitutloll, (b) Whenever crÌillinal intelligence infonllatlon OJ G1ITI\f1almvestigative inforlllatiorl held a nOI ì Florida criminal justice agency 15 avöilable to d F:loric1a criminal justlCC agency only on a con!rr!('lllii¡[ 0' simllar'ly lestm:ted basis, the Florida criminal justice agel1CY may obtain and use ';uch IllfulIlIilt deeulCiance with tile cOllditions imposed by the providing agency, (e)1. ActIVe ulminal intelligence information and active criminal investigativE: lIlformatioll ale exelnpt from s. 119,07(1) and s. 24(a). Art. I of the State Curlstitutloll. 2. a. A request made by a law enforcement agellCV to IIlspect Clr cop\! a publ Ie 'ceo! (I IIHt I II! ! custody of éH10thel agency and the cu';todlal1's response to the reque~;t, ami ,:JIll :lllo! IT!dtlol IIF' vel', identify v,hether ò law ellfcJI'(.:ernellt agel ICY ha~, requested O! lecc:ived that publK !'eCOICi iH' e;\t' ::PI from s, 1i 9,07(11 ancl s, 24(a), Art. I of the State COlìstitutlOn, dUI'ing the pel'lOcI in which the mformatio!1 constitutes active uilllinal intelligellCE' mfO!matìOlí 01 active uimilíéll investigative information. b, The law enforcement agency that made the request to inspect 01 copy d public 1 cerJI d sÌla c::vc: [Iotlce to the custodial agency whell the cllITlinal Intelligence mfOrrllation 01 Cllmillalllwe';tlgat 'v'' information is no longer active so that the I-equest made by the law enforcement agency, the custodian c, response to the request, and information that would identify whethe,' the law enfolcenlent agency had requested 01 received that public I-ecorel ale available to tile public. c. This exemptlOn is I'emeclial HI nalul-e. and it is the intent of the l.':gislatui" lhil Ih'· ii:1 appliecl tn requests fOI ilTíolnlatiol1 received before, OIl. 01 aite: th':' '.'iít'uivt, I.LJit, n' Li ,', :''';,'11' hnp://\\w\\, leg,statc .11, u,iStatulcs/j I H,kx ,C flll':'/\ PI'_1 nudc=f ) ¡;P hi' n S téltutC& SCéllL' h :' iil I'g I"::. jr:.(:')' Stalutes & Constitution :View Statutes :->2007->Ch0119->Scclioll 071 : Onlillc SlIllSllilll' ':IµC 4 (11' I' (d) Any information r-evealing surveillance techniques or' procedLlr-es or personnel is exempt from s, 119, 07( 1) and s. 24(a), Art. i of the State Constitutioll. Any comprehensive inventory of state and local law enforcement resources compiled pursuant to part I, chapter 23, and arlY comprehensive 01 plans compiled by a criminal justice agency pertaining to the mobllization, cjeploVlnt'l1t. 01 ti:c '.I., oDcr-ations Involved in lespondirrg to emergencies, as defined 1f! s, 252 34(3: dlC' ,",1.e'I! Ire¡!' (1) and 5, 24(a), An, I of the State ConstltLltion ami unavailable for il1spection, cxcept oy persormei authorized by a state or local law enforcement agency, the offlce of the Governor, the Departrnent of Legal Affairs, the Depar-tment of Law Enforcemellt, or the Departrnent of Community Affairs as having an official need for- access to the inventory or comprehensive policies 01 plans. (e) Any infomlaticJII 1 evealing the substance of a collfessicm of a pers()] arTested is cxeiTlpt r ronl 119,07(1) and s, 24(a), Ai"t. 101 the State Corlstltutioll, untll such tIme as the c:rimll1al case IS fillôtly determined hy adjudic:atlOn, dismissal, or other final disposition. (f) Any information revealing the identity 01 a confidential infolTnant or a confidential source IS exempt frorn s, 119,07 (1) and s. 24(a), Art. I of the State ConstitutlOn. (g) When the alleged victllTl chooses not to fíle a complaint ami It'qUest', thaI recrxd" ¡¡-it" I emain UJllficlentiill, allr'eeor'ds relat1ll8 tu ¡HI allegation of ernployrnent d1Su1111l11J,lml Òl t COili;,:, 'Ilia, ilmi exempt irom :,. 119,()7(1) Mid s, 2A(a), All. 101 the Statt' COllstllUliorl. (h)l, Any cril1lirlal intelligence informatIon or criminal investigative information inclucimg the photogl-aph name, address, or othel fact 01 information which I-eveals the identrLy of iiV' V!ctlll r;í the crime of sexuallJattery as defined in chapter 79¿; tht' identity oj the victim D' a lewd DI la:;ClVior,J:, offense committed upon or ill the presence of a person less than 16 yeai's of age, as clefinecj ill c:haprel 800: or the lcientlty or the victim of the CI ime of child abuse as defined by chapter 827 ê!lld aily Ullllill,¡' lIltelligenle illfollnation or uilllinai IIlvesligative IIlforllliltion 01 other crlmlllalr-ecold, 1I1clucJilig tlllht" poniolls of court recOI'ds and court proceedings, which Inay reveal the Idenlity or d perscJ!I who j', victim of any sexual offellse, including a sexual offense proscrihecj in chapter 791. c:hapte' (lOU, or chapte! 827, is exempt from s, 119,07(1) êìlicli 24(il), An. I oj the Stilte (Ollst1tutlOn 32, In addition to subpaJ"agrapll 1., any climinal intelligence illfor.llatioll or uinllllal mvest!gativt infomlation that is il photograph, VIdeotape, 01 image of any par-t of trte l)()(jy of the \!JCl!111 01 ,"i'XU!]' offense pr'ohibited undel' chaptet 794, chapter 800, or chaptet 827 I egarc!lb" of whethe lh' pirotogrilph, vidt~otape, Ot ilnage identifies the vlctilll, I, corlficlelltlai ¡md l."Xi'"rllp¡llol i ')9 i i di } ¡:\¡~. I oj the State c.onst.ltutloll Tlli:,. PXPlnut;orì ;:'IPPlle:> t.u 1::1Ì10t:Oglë'lpfIS, v n illi¡l,,),(::'_, hel.d as u"irníilal inteltigencc: -iníotlTldtion CH ctlrninal investig21tivt:.' ¡rl(onnatii)n ucflJrc Of I. ()! òtto::.: the effective date of the exemption. (i) Any crimlllal intelligenCE' information 01- uimlllal investigative inrOlmatloil thal tl.'."/cal.. :he pCl'iilFi asseb of the victim of ò crime, other than ploperty stolen or ciestmyed durmg the coni:r!I','"i'''1 or Ii Ii' uime, i·, exempt flolli s. 119,07(1) ilnd s. 24(a), Arl. of the Slate CO!lsl.il.ul.iolr, (j11, AllY c10ClJmcnt that reveals the !dentily, ilOITW or ernploymerll telepl\ülw nurnber, 110m,", 01 hUp"¡ IIII II ,Ie!;. sla l.l:, fl. Ll'i/S lèllUlt'S'¡ 11lÌl'.\ ,dnl 'JApi' rn wk' ì)! sp ¡¡I! _ S ¡,rill ic(\"'C,11 ~ :.__ ',r I Ii I!C i j,(!i Statutes 8: Constitution: View Statutes->2007 ->ChO 119->Seclion 07] : On] i IlL' Sunsl1 i nl' I l,¡gl' 5 "I I.~ employment addl'ess, 01' personal assets of the victim of a crime and identiries that pei',on ai, the VL ti:: of a crime, which document is I'eceived by any agency that regularly receivesinformatlcJIi 110m Cd concenling the victims of crime, is exempt f¡-om s. 119.07(1) and s, 2.4(a), Art. I of thE' Stdlr' Constitution. Any information not otherwise held confidential or exempt from s, 119,07(1) wh1Ch reveals the home 01' employment telephone number, home or employment address, or personal assets of a person who has been the victim of sexual battery, aggravated chilcl abuse. aggl'avated stalking, harassment, aggravated battery, or domestic violellCe is exempt fl'om s 119 ,07r 1) ane! s. ), Þ.n. I of the State Constitution, Uporl written request by the victim, which rlllht irlCludc' cUieal V('II'II<11 : [l:¿, air applicable crime has oCCUlTed, Such irlfollllation shall cease to be exempt ~) yeal s arkl tilE' pi the VvTitt.en request. Ar1Y stat.e or federal agency that. "is autholized tn have a(:~c.c'~)s to such dOC;JIT1CII;,_S by allY plovision of law shall be gl'anted such access in the furthCl'ance of such agency s statutory duties, notwithstandmg this section, 2..a. Any information in il videotaped statement of a minor who is alleged to be or who 1'; il vict1rn e)f sexual bòttery, levvd acts1 ûí other sexuat rnisconduct pl-oscríbed in chapt.er 800 or if: ~.,. 79-1 J)"1 827,or,~, 847.012, s. 8A7.0125, s, 847,013, '" 8'17,0133, o! .';, 8A7CJ145, which reveals that !1lH!(J!S !clentity,:ncluciing, but not linllted to, tne rninol's faCt'; the minol's homE', school, church, 01 ernployrnellt telephone nurnbel; the minor\ horTlE' , school, church, or employment address: the IlillllC of the minors school, church, or place of employment: 01 the pelsonal assets oí the Illlnor; and which identifies that minai' as the Victim of a crime described in this subparagraph, held hy a ldw enfmeel1lCllt agency, is confidential and exempt from s, 119.07(1) arid s, 241a), Ar't. I of the State Consti:.ut101l /\ny govelnmental agency that IS authorized to have access to such suterrlents hy arlY pr ()ViSj()11 ui ldw '.Ili1 hc' gl'antcd SUCll dceeSi, III thelurthel'arlcc of trl<:: agency s statutul Y clut.:e:" r¡otwithstanding the lyovislOns of this sectlOn, b, A publlC employee 01 offICer who has access to J videotaped ',tatelnent 01 ö Ilii, 101 wi Ie 1\ ,il be 01 who is a VICtim of sexual battery, lewd öct:., 01 otllel sexualllliscolHluct PI'oSCTìi,)(.'d i: I bOC 01111 s, 794.011, s, 82.i.071, s, 847.012., s 847,012.'1, s, 847.013,:;,847.0133, or s, 847.0i45111ay 1](:1 willfully and knowingly disclose videotaped infOl'mation that reveals the minols identity to a per'son who is not assisting in the investigation 01' prosecution of the alleged offense 01' to any person other than the defendant, the defendant's attomey. 01 ò person specified in an (JI'efer enterecllJY \.iv' eOlFI jur'isdiction of tile alleged offense. t\ person who vlOlates this pi o'/isìul' (mnmlt', m:,C](.'ii:·· (I' filst degree, punishable as provided 1:1 s. 775,08201 S, 77rí,083 (3) SECURiTY. (a)l. As used in this palagraph, 1Jle terlll "~;ecurity sysrern plan" iwludc',; all a Records, illiorITI'lrion. pnotoglaphs, audìlè alvl 'Il';Ui1l pIT' CI1\,l1 'uti: '::( 1·('ccrn!'nE:'llcjatl0t·¡~~, O~ c()n~)ultòtions Dl facility 01 revealing sccmity systems; ti-ler(~\uf di¡ ('C '0 l-jli) iJ1 :;C:i..i.:;lt 11:-;' b. Threat assessmellt.s conducted by any agency or any private enllty, hllp: /\V\\\\. kg. slate , il.llS/St'l1 utes/index ,c ['m'.' t\ pp_ nwclt'-]) í spl C[\ StatlltLc'C..,carch S ll'll¡~", j I _oo¡.; Statutes & Constitution :View Statutes :-'2007-'ChOlI9->Scetion 071 : Online Sunshine Pa~l: () ,,( I'~ c. Thl'eat I'esponse plans: d, Emergency evacuation plans: e. Sheltering arrangernents; or f. Manuals for secul'ity pel'sonnel. emergency equipment. or security training, 2. A security system plan or portion thereof for: a, Any ploperty owned by 01' leased to the state or any of its political subdivisions; or b. Any privately owned Dr leased propelly held by an agellcy is confIdential ilnd exempt fl'OfTI s. 119.07(1) ami', 24\a). Ai l. or till' ',tdl c' C()I'!~,t1tutk,ir\. TrÙ'_J f:',X.t:'¡llpt]oní~:, rernechai in ndtl ¡If-' ,jlld it ¡~, ¡ he' int(-~in of U Ie l~-)l{Jl.urt.' :J¡¿i U \ t'xernptilJII apply to secul'ity system plans Iwid by cHI agency nefore. 011, or òltel tilt' efler.\Ívf' (Idtf' I.,t this paragrapi'l. 3, information made confidential and exempt by this paragraph may be dlsclosecl by tilE' custodiall of public lecol'ds to: a. The property ovmel or leaseholdel; 01 b, Anotllel state 01 ieclerCll agency to plevelìl, detect, guard agalllst, lespcJlicllu. inve,ugêJ1t:, UI manage the consequences of any attempted or actual act of telTOlislTI, 01' to pi osecute Ulose pel SOli" who ale responsible tOI' such attempts or acts, (bI1. fJuildmg plans, blueprints, schcmatlC eJrawlIlg',. and C.Jlai',ldnl", Incluciim; pre!Hnmallilcl fmat fOlrTlills, which depict the internal iayout and stilJctul'al eìerncnts of a bUliclmg, al f'I::l, ',t.:d>: VViEcr t:ré\1tnH:nt. fòciliLy UI- (JtlH-'i stl uctUI C' owned CY upe¡;JL.eci (1) and ". 24(aj, Ält. lot tile State ConstltutlOit an òg('lic'y arc : ì 2, This exernptioll applie" to building plan". blueprints. schematic drawing", aml diagtarns, illCludlm; draft, preliminalY, and fillal formats, which depict the intelllallayout and structural elements of d buildlllg, arena, stadltllTI, water treatlllent filCHlty, 01 other structure owned or operélted by i'll' aç;ellcy before, on. or after tile effective date of tim act 3. tnformation made exempt by thlS paragraph Inay he disclosed: a. To another governrnelltai entity if disclosure is necessary fOI the leceiving entity to pel·tornì its duties am! responsibilities; b. To a licensed architect, engineer, 01 conu'ctcLot WiHJ ¡~, pt'i¡UJlllill~ '/v'u¡i< \)1 Ui íC:cdtC'-l l::'it:' Ulil H alena, stadium, watel tl eatlllent facility, 01 othcI St.I uctlllc~ uwrled 0" opel d'"c" dll ",,:," I"¡ ," Imp: i'IWI' ,i eg ,state, ilus!SWlull's!indn ,C I III '.'/\ PJ1__lIIudl'= [ >íspl:I:' __ Sl;¡tute&Scéll'C h_ Srlï ng. I ". .21 II)~ Statutes & Constitution: View Statutes :->2007 ->ChO 11 [)->Section 071 : Online Sunshine Page 7 of ] :' c. Upon a showing of good cause before a court of competent jurisdiction. 4. The entities or persons receiving such infOrmatlOn shall maintain the exempt status of the infmmation. 4(C) Building plans, blueprints, schematic cll'awings, ,me! diagrams, illclucilllg drò[t IT'JIH! 'I 11(; filial formats, which depict the internal layout ai' structur'al elernen\s of arl attractl0rE ,Win I (,'C! "dl 101' facílíly, entertainment or resort complex, industrial complex, retail and service developrnenl, oUice development, 01' hotel or motel development, which documents are held by air agency are exempt from s, 119.07(1) and s. 24(a), Ar·t. I of the State Constitution, This exemption applies to any such documents held by an agency before, on, UI aftel' the effective date of this act. Information made exempt thi'; paragraph may be disclosed to another govellllTlerltal entity if cli:',closuri' is neccssary tor tne I l'( . II!, entity to perforrn its outies and responsibiliti[~s; to the ownel 01 owrlers of liìc strLlCtUIE: Iii :.¡lIe',!,,,:, 0' the owners legal representative; or upon a showing of good Cd use he fore a courl of l.ollipetent Jurisdiction. As used in this paragraph, the term: 1. Attl'actions and recreation facility" means any sport'>. ente!talllment, arr:usement, 01 ,'ecreation facility, including, but not lllììlted to, a spOIL arend, stadium, '(1Cetrack, tOUI:st atlr;¡rth11 , ,H:,;!"':II: ' [lark, 01 pari mutuel facility that: a. Fo! sjllgk~'_·pt:'¡-roi·rnan(c fac.ilities: (II Providð sillglepcr!o:rnal1Ce Facililies: 01 (II) Provides mOl'e thall '10,000 pelmanent seats fOI spectators. b, for sellCll'petTOlîlliìl1Ce facililles: (I) PrOVides parklllg space·, fOI more than 1,000 motor' vehicles: 01 (II) Pl'Ovides more than 4,000 penlv\nent seat', for spectator\, 2 Trltel'tainment or resort cornplcy, meallS it theme palk COll1piÌSeCl of at leas'. ;'5 ,j(i(", c; lami With pelmanent exhlbitiülls and a vanety of leueational aclivitir:H" which has at least 1 rTillllOli viSitor, annually who IJay acinmsiOlI fees tneretu, togetiH"1 with dny lC)Clgillg, dirling. ilnd reueatiu!ld [c1'.íl¡tie', loc.ated adjacel1t. to, l.untiguolis tu. lJl in ClUi.;e pi OXIIl\IIY to t.1:<:,' Illt'III" pcirk, ciS ib Ii OINI:'" operators uf trH::" theIne uark, or a parenL or relaL(::,ci COrnpdrl\' or ::.utJslclidIY tJv~}(~,!()t, !1d'~ ,JI: t:·'(Fiit', interest in the lodging, dinmg, or leueational facilitie', or' I:' in prrvity thereWith. ,'iCN' pI' )/ili' mcludes arl ale" withill i1 S'mile I'adius of the theme pòr'k COlllplo, 3, "llldustnal complex" rneam allY Îllclustrial, f'llallu1acturmg, pl'Ocessing, distribution, warehousing, 01 wholesale facility or plilnt, as well aó; iJCŒssory uses dm! l'tluctlll e'" Ulldcl cOllìmon OWllc¡:;hl;) vmc'i a, fl¡-ovicJes cJI1site palking fOI mUff' thall 2.50 motor vehicles; htlp: i ill WII ,1L'g,st ,He' .Ii, lISiSW lutcoJi ndc:,.c inl ),\ pp_rl1\ ,ck== I )i sp I ill SlillUle8: Scare II ,; II'Ill!... i.'í "II¡ I, Statutes &. ('unslitutio11 View Statutes :->2007-ThOlllJ->Secliun 071 : Onlinc SunsllillC l\l!c'L' X ll: ie, b, Encompasses 500,000 square feet or more of gross flool area: 01 c. Occupies a site of 100 acres or more, but excluding wholesùle facilities or plants tilat pllrné1rily selVE 01 deal onsite with the general public. 4, 'Retail and service development" means any I'etùil, service, 01 wholesé\le business establishment 0 group of establishments which deals primarily with the general public onsitc arId is operated lImiel onE: common property ownership, development plan, or management that: a, Encompasses more than 400,000 square feet of gross floor élrf'a' 01 b, Pi'Ovides parking spaces for more tilan 2,500 lTlotor vehicles 5, "Office developmelìt' means any office buildlllg or park opera led lmder' cummon oWne!Shlp, developmellt plan, or management that encompasses 300,000 or more square feet 01 grose, floor al ea, 6, Hotel 01 motel development" llIeans any hotel or' motel developlnenl thai ilCCUnllTlOChleS 3~Ji,) (II more units. Tilis exemption d()e~, not öpply to cOlnfJn-,hensive plalh or slk plan-. or iJmcnclment:. tlleletc, WllC!, arc submitted fOI' öppr oval 01' which have been approved undel local land developmellt regulations, local zoning :eguliltions, 01 cleveloIJlllent'of'IPglonill-impact review. (4) AGENCY PERSONNEL INFORMATION.u (;J)1 Ti-h::' '.J)i_i¿:¡[ sccuric/ lILlnìL)(::~l {JI allurrer'Ji. {H(c) rC)i'nH~ d?!,i::,:,'IICY' V/iliC.t', (llJill()"_'i COíìtêrilìC'cl:n agC:iH.:Y t_'ll1U\.OYIJicnr !-(~c,oi'(b 2'lti:.) t::"~xt"lìq)r frut' ¡C) ¡J?(1 (J¡IC '~i, )L+(òì, /..\rt. rJl ct'¡i:," i-_dt!~) COrlStltutlOIi 2. An agency that is the custodian of a social. seclll-ity lìumbel specified in subparagr-aphi, and tlliJl ie, not the employing agency shall maintain tile exempt statu') of the social security number only if !I", employee or the employing agency of the employee submit', a WrlttCII reques', 101 confidcTltiallt,¡ th custodial agency. However, upon d I'cquest by a commerCial ellllty as pmvideci ill SUIl<;ubpill 115, (a¡l,i)., the t:ustodidl l:tgenc¡ shall rf.:,ledse Lht:: la'jt fOUi' dIgits of U¡(' exernpt ~;ucjd: ~(-:(U¡ity IIUIl¡[h>¡ except L1ldl ¡¡ social se(ur¡ ty nurnbel pl()vicJcll li i d lien fi leclwi tl I U It Dt'Pdi1l¡ H?rH u i S U,¡(c' slìòi, released in ltS entlrety. This subparagl'aph IS subject to tile Open Gover nrm~nt SUllset Review Aci II' accordance with s. 119,15 and shöll stand I'epealed 011 Octobel' L 2009, uni;",' reViewed ami Sél')f,ci j ron' I'epeal through reenactment by the Legislatul'e (b) Medical infonnatioll pertainmg to a IJlOSpcctivc, 011 rent, 01 fOII1l(" O!fICf" Ot agency v,¡hic!¡, if dlScl(J~)c(i, would identify nl;:Ü oUicl'! 01 i:l CXei'iìpt frulll ,U7(:; ,j ,L (d I\n.! cf the State Constitutiol HOWt-'VCi, :)uch iniunr~atlor: rnCl/ t.H' dl')t_:.U\I:~(: ji "1 the inlolTl1atlUl1 pellaill" 01 the pet'son's legal repleseiltallve proviucl, WIIUer! 1)",lnlls',lul' pUt',l.o i court ur dr_~ì-. http://www.lc:g,sLatl'.1Ï.us!StatutL's/index.ctm· '¡\pP_IlI(KIc=l )¡c:pbl} S W1Uil'<',:SI\l1T h ',i'll,g 1":::: i Hi,\' Statutes & Constitution :View Statutcs->2007->ChO IllJ->Section 071 : Onlinc Sunshinc I\t¡:'c 9 01' I:' (cl Any lIlforrnation reve¡lllllg undercovel- personnel of any uilmnal justic.e dgC:ncy is exernpt flonl '" 119.07(1) and s. 24(al, Ai't, I of t.he State Constitution. (d)1. The home addl-esses, telephone numbers, social security nUfT:bels, ami photograpll'; of act former law enforcement personnel, including correctional and correctional probation officers, pCI SO'Tre of the Depar-tment of Children and Family SerVices whose duties illelude the investigatioil of abuse, neglect, exploitation, fl-aud, theft, or other criminal activities, personnel of the Department of Health whose duties are to SUppOI't the investigation of child abuse or neglect. and persorlllel of the Department of Revenue ai' local govcmmentc, whose r'espollsibilitles include revenue collection awj ellforTement 01 child sUflpol't enfol'cement; tile hOllle aelcJr-esses, telephorH:' tlllrnIWt'" ',D'i,,! 'ei t numbers, photographs, and places of employment of the spouses and children oj such ;)rlcl the names and locations of schools and day care facilities attended by the child I-en of such persOllllcl Me exempt from s. 119.07(1) The home addl'esses, telephone numbers, and photoglaphs of firefighters :crtified in compliance with s. 633.35; the home addresses, telephone numbers, phot.ogl'iJphs, dnd places of employment of the spouses dnd (hildren of sllch firefighters: dllel tTre Ikllner' alìe! 1,0 ,atiorb 01 5GIOO[<, and day care TaUII I lee. attended tl'll..' oJilnl el I oj ',Ucf ¡,H ", ill <: ·:",',IIUI i' Ii (1). The hOtne acldl-E'sses arid teleptlOne nurnbel S 01 just.ice,>', ul Lilt, "'llprf'rm' (Olrt' n,',11 appeal judges, C1l'C:ult court judges, alld collnty court judges; the !lmne adclrE'S',es, rhitT:'" ane! places of employment Df the spouses and chilcÌlen of justices ¡¡nd judges: ilnd the name:, illlC) locations of schools and day cale facilities attended by the childrell of justices allel judges ale exC'mpt frolll s, 119,07(1). The home addresses, telephone numbers, social security IllIlllbers, anel pllotographc; of ClIrl ellt 01 forlllel state attorneys, assistant st.ate anuI neys, statewide pi osecutor" , c" as,;lstanl statewide prosecutors: the hOlne addresses, telephone numbf'I's, ,;ocial secul Ily nUiI1be,', and places of elnploYI1ìE'llt of the spouses élnd chllclrell of CUI I ell 01 í[¡1 I11cI;talc aUuI 11'..'V'" d'<" ,\"11: :;tÒ.tc' i,1ttJ)i'neYSr ::itêìT:c'wide prosecutor'), or i'lss'istant stdtew'icJc prU~ïeclltors; ant) UìC: nòrnC'::. d11c1 i..lJCl-ì 1011' of schools and clay eille faCilities attended by the children of current 01 fortner state attolney", assistant state attorneys, statewide prosecutOls, 01 assistallt statewide pr-osecutors are exempt from s. 119.07(1 ì and s. 24(21), Art. I of t.he State Constitution. 2. The ilollle dcidlesses, telephone 11LllnlJels, am] phCltogri,pib of um II 0' lUII,I"1 ¡ ,un ','" [aunr i-eldr'ìc)n~~ 01 I-e¡ari():-i~) d í r'cc 1 ()! :, I (-J::J~'¡~Jt.ô Ilt dO! I' e(~ (I:) ".:, ¡ 1'~Ô ì ¡:J ge'! (I':,', ¡; 'I í ,-,I diìY Local govfJrnlner'll agf:r1cy 01 wate!' rnòlìdgernerlt dis:.riCL>NllUSC cJLJl Jf~~i inc',iuclC' I')it ÎI-l'~\ ()1'1,::_1 rll-':i I~.:; C'rnployees, lahol corlnact negollatroll, clclrnlllistratlon, 01 other personnel-lelateCl dulles' ttle lìcHllt'S, hClrne adcJr-esses, telephom.' Ilumbel-s, èlnd places of elllploYITlent of the SpOUSE'S alleJ childl'en of su: II personnel: and the names and locatlorls [)f schools and day carc facilities attended bY' tile C:!iddl l'l "I SUOì personnel are exempt fmm '1,119,07(1) and s. 24(a), i\rt. 101 Llif' State Cmlstitutio 3, The home addresses, telephone number'>, SOCIal ';ecurity i1l1lllbel'c" and photoQ,I'apll'1 ot UFI er·,t 0: [orlnel Umted States attorneys and assistallt United States attolneys; the hOlm' addILH,sc\, ti.:lep[WIIl' Ilumbcl"" soual security nwnbers, photogl d¡J11C., cllld places of employment of the spouses and cillldr'ell of current 01 tonnel Ulllteci Stares anomey:; and assistant Unit.ecf Stilter; mlllrlH'Y"', ,111<1 I Ilf' f1alli''', ;"Ir: locations IJf school'; and day care tacillt.1b clttencleci ny Ihe chile!!er' Of CUrl'!1I Ct !n: rn It attorneys and assistant United State:, arroll1cyc, die exempr !Iorn I., 1tCJ,O/!,J: illl'!:, )Ll( /\1 , It State Cotlst:îtutíori. This subparagraph is subjec.t tc t:v..' Open Cuverllilleiìt ~';U!1:)« Rcvicv/ ;\:',l. i¡¡ 11llp :ww\\,\eg,!;wk,lì,u:-;/~lallllC;rLlllk\.l'jl1l' \PI' I1lrlcl,' I )!::i')LI\ ~';[¿illIl,'(':·"I:l":I '"'' Statures & Constitution :Viev\ Statutes :->2007->ChO 119->Section 071 : Onl inc Sunsh i", 1\I[!.c 10 <\11 :; accordance with s. 119.15 and shall stand I'erealed on October' 2, 2009, unless leviewed and saved frOIT repeal through reenactment by the Legislature. 4. The home addresses, telephone numbers, social security number's, and photogr(:lphs of currer]t or forme: judges of United States Courts of Appeal, United States districl judges, cUIC: UIJite:! ',tiJI,». nlagistratc judges; thE,' hOITle addresses, telephone nurr¡JCr~l sCJc¡at SC\(UritV iìUlllLJCrs. cl unci places of enlploymerlt of the spouses and children of current or former ,Judges of United States Cu Irts ur Appeal, Unitecl States d1stnct ,Judges, ami United States magistrate judges; and the names &]cl locatHJI!', of schools and day carT facilities attended by the children of cunent 0: former judges of Unitec! ',tates Courts of Appeal, United States district judges, and United States magistrate judges are exempt II orT' s 119.07(1) and s. 24(a), Art. I of the State Constitution, This subpalagraph is subject to the Open Government Sunset ReView Act in accol'dance with s. 119,15 and shall ~;tand I'epealed on Octol.1el 2, 2009, unless revieweel and saved from repeal thlOUgll reenactr1ìerli hy the lygislatlJre, 5, The home addresses, telephone numbers, dnd pllOlograpl¡s of CUITent 01 fOl'mel cock enforcdw.·nl officel's; the names, home addresses, telephone numbers, and places of employment 01 tile spouse', ilnel children of SLJch per'sonnel; and the names and locations of schools ilnd day Ci.m~ Ii:\Cililles attencled fry the children ot such personnel are exempt from s, '119,07(1) and s 24(a), Mt. 101 tlw SUII" Constitution, 6. The hornc òddresse~;, h?lephollt:' nunlbc! 01 (¡lie: ,1' ,Ilil,' fonner guardiails ad litern, as defined if1 s. 39.810 ì:Hìd thE lldllk':), i(ìfll( Clddre:l~)':-~~: '¡:)il 1;;iìD~~'1 dml places of en'lployrnem of thé, SPOUSfc", MId child I erl of such per'l,o".:, ilr e cxeri flom ¡ , " and s, 2/~~d)¡ l~rL. ! of the Statf:' Conscitutiul1, jj th(-; gUdidia!i ad [,-¡terTi prov-j(k·'s n wr'ìttc-,'!i :"tdLt.'ill'~-.'!lr Lila the gual didn ddlilcrn has made reasonable effort', 10 protect such 1I1fonnat!on lrmn IJell1'j ilUf",:,I"'" through othel means available to tlw public ThIS subpdlagraph is sllD,Ject tu the Open C;OVPlrlll1el',! Sunset Review Act irl accordance witil s, 119.1'; ami shall starlr! reppaled 011 Octobel 2 2010 lIri,',' reviewed and sa'led flom repeal thwugh r eenactll1cnt by the Legi';lòturc. 7, The home addresses, telephorlE' 11IJfnbers, and photographs OJ curl "Ill 0' ÎUllliel Juvenile ofi¡cers. juvenile probation supervisors, deterltrorl superintenclent~" assistant cietenriOlI 'Jupelll!tt'llcientl selliN juvenilp detentioll officels, juvenile dctentlOll offlcel supervisors, ,Juverlile detent ion house parents and II, house parent supervisors, gl oup trealmellt leackl's. group treatrllt'lll leilcl"1 supervisors, rehabilitation th,:,rapísb, ilnd soe1;.1I services counseloll" of tilC' Df'cldf!flll"I' cd J Justice; tÍle names, home addresses, telephorle 11Ul1\llel s, dl-,eI plau", of 'J ci ,1,'1', ,I chilcll en of such pCI'SCJilnel; ami the nilll1eS alid loc.atlons of sel,OUt'; ano day cal,' Ii.lullllt', ,II ih tll(' clrild¡t'l"i of :Juc!¡ r)er:.>orHlel arE' cxC'nl~)t fionl ~~< 1'19JJ7( I} :Jll~j :1, ?4(ô), /\:L i ()¡ t-lìc :)l.L: COllstitutíOII. This subpar'agrapl1]s subject tu tile Opel! GOVe(l)íw.:nt 5uIlset RéVIt:W Act ¡¡, ,','..',H ;LIII. with" 11'.1.15 and shall slanclrepealed orl October 2, l011, ullle,s levlewed ¿lIId ',avc'd II O!I, '·'1) .' through r'eellactrnellt by the Leg1slature. 8. An agency that 1S the custodian of the per'sonal inTormatiorl specified in subudr aglaph 1 subparagraph 2" subparagraph 3., subpal'agr dph 4" subpill'agl'ilph 'J., sllbpdl'agrapl1 6., O! subpa r2lildph 7, and that -ì~~ not the- ernployer- of the officer, ernployc('¡ justice, judge' Dt nther rJer-SCHl ìtl Intp)/wwv\ ,1e[!.,slalc Il,us/Stt1tutt:s/incle,\,cllll','¡\Pll Ill()(kl )ispl~I:StatLltc&Sc~lrch SIring.. I!:\ _pm: Statutes & Constitution :View Statutes _>2007->ChOl19->Seetlllll 071 . Onll!lt SlIn:;hi. I)~l"l I] (,I]' subparagraph 1" subparagraph 2" subpalôgl'aph 3.. subpaíaglaph '1, subpa!'aglaph 5" subparagré.;ph 6. 01 subparag:'aph 7, shall r¡¡aineail; the excrnpt status of the pel'sonal mfollllòtloll otlly if lIH:' I)rr¡,y employee, Justice, judge, other person, or employing agency of the desigllilted ernplovec subrnil:, " written request for maintenance of the exemption to the custodial ôgency, (5! OTHER PERSONAL INFORMATION-- (a)1,a, The Legislature élcknowledges that the social security nllmbel was never intended to Iy' v,c'd fe: business purposes but was intended to be used solely for the admlllistl'atlOn of tile fedé'lill Sce;;.! SeCllI'ity System, The Legislature i~, fLII'thel aware that. over time thi', uniCJllf: 11l1nlericidentl'ic> 'I, " I;eel: u)E:'c1 exterislvely for "identity venfication plli·po:~es allcj other I.CgitÙ-rI¿¡tC:' cun::II:'rl:..i..lòt pU:¡".h):>'\ b, The Legislature leeognize'; that the soual secUllty number can he IN"d d', d tool to perpeli,ldk Ildud agdin~)t an irlc]"iYiduall:íncl to acqull-e sensitivE' ¡y--'rscHìfd, finallcldl. ITiedical, (:)11(1 IcHTli!,]cÙ 1 (-¡¡rnd I~ It: th, release of whICh could cause great financial 01 pelsonalnanl1 tu d!1 IiWiVIClU(¡[ c. The Legislatul'e intends to monitor the USf' of social secul'ity Illlr1lbcrs helel by agencie", ill olde' to Ilkllntaill él IJalanced publlC poIK.y, l.a, All agency rnay lIoL collect r:lll indivi(jUÐl'~, sociat security lìUtllbel ur¡[c':,) tl'if-c dgC';¡CY hJ:.\ ',:;ta;.(::cl in writing tht:, pUITJ05C rOliL, coltectior~ ètnel ullles:, ¡~- i~j. (I) Specifically authol1zed by law to do so; Of (II) Impé':ative for the perfonnance of thili agellcy's chilies alld re5pol1sibil¡tIC~, as IxescriDcd hv lilW iJ, )(Jciat S('(~UI-lty liUnlD(~I-~) (_()l.j(~cLe(: 111' (1¡': ~Jgf'i ¡rid';, IIOl LH:' :;_J':: U\i tl]r1 ,::O'··'j !i¡i '\. other thai the PU!POSi:' pluvieled ill the wntul i st,H"'liIFIJt. 3. /\11 dgellcy collecting a:1 mcllvidual's sociòl secullty I1Ul11bc¡ 5Ii<11!, provide tlìðt IllcllVIUUdl WltI: d cUi'Y of the vmttcll staternellt required in subpar'agraph 2. 4,él. Each clgency shall review whether' its collecti(JI¡ of socléll security rlurnDc'rs 151n cOlnplidIIUV,¡ith subparagraph 2, if the agency determine', thai collectioll of d 51>1'1<:1 IllImh"'1 WI' 'Ii complldllCe with ~;ubpill dgl apll 2" tile agel ICY shallllllllledia\.Hy clli,((JI rl1t lue tile ',ollu [IUI :,)1 sec!lllty IIUtllUVI', for that pLH'Pose, b, Each agency shall certify to the PresidcntJi the Senate alld tiw (,[wake! of the House of Repl'esenlatives:ts cornpllanCé.' With thi'; Sllf)palclgl apll IIU [iitel tlle,r, J¿lrwélrv 'j! , 2C08 ~ï, SOCial security numbers I¡dd by ilr; iE"cncy dl c conildc'lìtia! ¿¡II:' 1\,', q I, Art I DC the Statc' Constitution. 111ì::. (;\XCrnpLiurì applic ¡ tc: ';r\,k: i)(,'::.,U:¡) ''it: "i~'}(:-' bcfol'C on, or aíter tile díèctive dd\.(' ul tilL, eXel1ìplhJII. 6. SCKid¡ Si::-'CU(lly nUlnbe::ì rrlay i:k: CilSCLUSC( ì.U dllUthf"'- rEi;CI1I'__Y ()l gu'/clnn:entdl ! I C¡iSlJ('~)UI 1-", hillY !\\\\\\,k:::c;t~lkll"Slmlllc':;!IJ1(Ic\,cll1l'.' '.PI' Ill()llt- ')I<pl:l\ S1:Il'lld':'ll'crrch Silïll~' \ ] _ ') ill 'I~: StatLItes& Constitution :View Slatull's :->2007->ChOll()->Secliun 071: ()nllnc Sun:iill l'at'L' 12 \JII~ necessðl'Y fOI the I'eceiving agency or elltity to pel'forrll its duties ancllesponsibilitif";, 7,a, For plJl'pOSeS of this subsection, the term: (I) "Commercial activity' means the provision of a lawful product or service by a commelcial ellt.ity, Commercial activity includes ver'ification of the accuracy of personal information received by a commerClal entity in the normal course of its business; use for insul'ance purposes; use in Identifying and preventing fl'aud; use in matching, vel'ifying, or retrieving information; and use irl lesearch activitiE:", II does not include the display or bulk sale of social seclJl'ity nlllnber>; to tbe public or the cil>;tllbution 0' suell Ilumbers to any customel' that is not identifiable by the commelcial emity. (11)Commercìal entity" means any corpol'ation, partnership, limited paltnelship, proprietorship, sole plOprietorship, firm, enter'prise, f'anchise, or association tbat pelforll1s a comnli:'1 cial activity ill Lhi, state, D. An agency rnay not derlY Ò COrTHllCrcir.lI entity Cllgdgcd ]l1 ì.ht:' ì,:\i'()ltlldf)Ct··,' i)1 (':nntrp.:>"i:_,¡;-j drt¡-'.,'I access to ,oclal seulI'lty numbers, plovided tile SOCIal "eU,illt; IlurrllCli, willlJE' US¡"'C: OIl:Y III n,( pel'follllèlnce of a cOlllmelTial activity nllel pmvidecl the COlllIllCJrc ia: tJntil.y n:¿w(,", ¿I wlîtteil I eqlif'i,( iOI till' social I,ecunty '~t(Hllbel:'" The I'lI'itten Icqu"!st mllst (I) Be verified as provided in s, 92.525; (II) ße legibly siglled by ¿1I1 dlJthuliœd oftrCCI, employee, i)1 agt'I,'¡ ¡A tiC COII,ilielcíai E:'I:! ¡III) (UIILill;: (lIe COiIlIllCII¡,Ü entl telephOlIC 11UnÜJel: dlíCl narr¡<~l ÌJLISI!lf'SS Irldllín§; alld lUCi:1i..IUI dci(li t"':,',¡:->'·. dl!(¡ n\J\!IH..'" (IV) Contain a statement of the specific pUI'poses io:' which it :leecJs the social security IIlHlILlt'l S òlHI how the social security numbers will. be u,ecl ill thc pedOmFtIICC' of ;1 co:mll(:rcial ¿ICtiVlty, 1111' aggregate of these I equöt', :;hilll S(T/e a'i the basis for tilC agemiy lepoll 11'C¡lIil eel ii, " n "J. c t\n agency rnay reql~cst any Otl1C' ìnlorîì'iÒUU'¡ ;f~-"j:;ulldi)ly iy \"-:"1 '.,i;_'; 1::/ t Ii( ;li' comlllelClal e¡itity lequestmg the scudl Sf'ClH Ity IILllìibel:, awl t.I IV '¡pecrf Ie pU: pUCk'.; 10: nLlITI[)el~, willlJC' lIsed ".." ¡iti, '/v'!i¡Ci '¡ t ¡ S.il. Any person who Inakes iI fal,e 1E:'Jleselltdtioll in order t.O obtaill d :,O(ldl seuHlly 1ll.Ilnl)el f!lIl',lIant to this palagraph, 01 any person who wllliull; and knowlllgly violate'; Um péllag:dpll, COIliI!!ib lelllllY the tlnrcl degree, punishable as plOvldecl ill ~, 775,08701 s. 77:)'()8';. b. ArlY publlc officer who violates this pdlagrapll comnlit', a Ilonu:!llillal inL¿H!ion, IloL t~xcE'·cdir-lg S~)OC per vlc)lation. 1111, 9,a. Evel'y agency shall file d I epol t witl: tile Executive OtficE:' 01 tile GOVCITIOI, tile Pré'SIClClil 01 Uk' Senate, allcl the Speaker of the House of ReplesE:'ntatlve" by ,ÌcllllHl Y 31 of ear I, year, hup: IIIVII IL'~'ilalt'I¡lI'i'>,taulle;I!llI':,\,cllll. '\PI 111<1,10.' ji¡'I'III\ "'Lllilll.l:c' ,,'i:le[, ""'.111 ì ,¡ ,1'1,>1 Statutes & Constitution :Vic\\ SlatllléS :->2007->ChOI19->Section 071: Onlinl' SUllshi.. Pagc' 1:1 III I'; b. The r'eport requil-ed under subsubpar-agraph a. shall list: (I) The identity of all comrnercialentities that have requested sociill security numbel-s durirlg the preceding calendar year; and (II) The specific purpose or purpose:; stated by eòch cUllllncleial,:lltily 'Cgill security numbers_ it, ,Icui !or ',(" (. If no disc:losule requests were made. \IF' ilgf:ncy shall so IIIdicatc, 10. Any affected person may petition the cll-cuit court fOI arl Dldel dilecting complì¡lI1cT witl, ill!:, paragl-aph, 11, This paragraph does not supersede ¡my ottler applicable publK recol-ds exemptlOlis eXIS1l11[; p! I:)! Ie' IV-,ay 13, 2002, 01 (\ eated tllpreafLü. (11) Bank account numbers and debit, chal ge, arid credit cald numbers held ûy an agency al e exempt from s, 119.07(11 and s_ 24(a), An. I of the State COl1stltutiorl. Thi', exempt 1011 applies to ,',¡Ilk iJ( COUllt Ilumbers allcl debit, char-ge, and credit cal dIIUmlx!!s held by ar', agellcy befole, Oil. 01 ;rltel tile effectwe date of thiS exemption. ) An~/ intunnòtiur"' that v/uulc! ¡Cjt~lit " tr lCY:dt.C' (l.,"hilci \'/'U 'i_j¿:tLC:.:,rl\ ;·sC.l\I(-:':'í')[rl(_'!'1t !-CCT('éH1Ul: '!JI'()g¡òn1~" UI L:HiqY.-, 'd n1t pc); C'!it '; 01 gl :a:-CìFF::. ()T sUC:'; cfyi ld :il.it'Tl!.H.\; ')(.,h:i2'1 :.ìt.-¡:.:UI il.'/ ¡'iLl] li.k< , :l ¡ ILri 'lei' liniitpcj î.-:j, ti'e:- i'ìan'It-~;', iJ.ìlllt:' dddres;j f·:rI child; till' ndrnec, dnd locatioll:, of schoob atlelHied h,' "uch ,lllld, ,.llld the ¡lillTI',:',- ¡¡Ulne ,j(lilii'", '. dll" social security numbers of parents 01 guardialls of such ct1ilcllS exelnpt fllllTI c, 119.Üï¡1! dill: " 24(d). Art, I of the State Constitution, InformatlOl1 made exempt pUI-suant to this paragraph may be dlsciosed by court Older upon a showlllg of good GlUse. Thh exemptlOll applies to recorc!s held Oil. 0, af\(" the eFfective c'ate of thb exemptioll. (el) /\ll records suppl_iccl by a teleCOrTìlTH_IlTicatjorl'.> CLJlllprH1Y, ih dc;finc"c! bV s. 36A,C:::1, t:J (:Fi C\~~;('n~__"i v-/hic cont¿¡iil the name, address, ami Lelephcme mlrllbcr at subsclibers ill e (:.111f,ciei¡Cldl ,me.! 119.07(11 and s_ 24(a), All. I of the State (onstitutiolL (el Any illFol ì nation plovided to dll dgency fcy tÌle pUI Dose 01 lorrlìíng Ildesllallll§, di ¡ dl wllicr I intorlllatlOl1 leveals the identity 01 alllllcilVldual wÌ)o 11dS pluvidc'c! hi-, UI tiel Ildnl( 101 lìdc'sluIIIIC:. as def1neci in s. ~)4ri,03ï, t,) t:~xernpr fron: ') 11') C)7('~i ,I (Hl~j \ [Llld: lv' ¡ oj th{> ';l>:Üf' r(ìtl~;ll':'t'ril (f) Mt.'c1Kal i1isLory reculch dnd ¡¡lfollllatlon lelêiieLi tu health ,)1 U¡iC' 11 "il' ;1 [)'::>pd!tnlc'nt eJf COrrllTìUnity þJf¿rirs, the Flu~¡c1ò Huu:~illg r:-i:"ldnC_C' Ct-1r¡JUratíofij a cuurr~\/, l:~ iilt II ¡hit êllocal housing frnarllY agency by an appllCant fOl or a pal-ncrpant in a fedelal, state, ili luealllou:;lilg a:ssistance pmgram ale confidential and exempL (mill \,119_07(1) and s. 24(.1), ArL I of the ~)t.ate ConstitutlOn_ Govel 11I1lelltal entit ies or' their agellt:, sh;ll! have aCCl"',:, to such i.orlfld'5iliii ami t':x..'mpt recorcl<. dlìd inforrnation for the purpose oí dudll fC¡jPf·¡¡l. stdtt>, or loci"]l i·ll.)lj~,¡! 1)1 ()~,"::!,-¡ 1 1.1· I),:); htlp: iww\\, Ieg_:;wtc.l] llS!Slalutcsiilldc~.c i 1l1'-'i\pp mudcl )lspl,I:, _ St,ltutc&ScarcÍ1_ Stri 11::' iii :;i..'(J(I:\ Statutes & COllstilutionView Statulcs :-:2007 -'C'hO 11 c)-Seclion 07] : Onl i l1e Sunsh i '" l'agL' 14 (11 I .; asslstance prograrns. Such confidential and exempl Iccmds and information ITI(1Y be U';Ccllll dll" admilìistl'ative or ]UCiìcial pmreeding. plwJided such ¡-ecords ill t' kept illl1filiciltiili and CXCIT'P! UI"i.:'<; otherWlse endel-ed by a court. (g)1. ßiometric identification inforll1atiOll held by an agelKY beforc, OIl, 01 afLer the efíec.tivc elotc of this exemption is exempt from s. 119.07(1) ami s, 24(a). Art. I of the State Constitution. tIS used Ir: this paraglaph, the term "biollleuicidentificatlOn information" nleans: a Any I'ecord of friction ridge detail; b. Fingerprints; c. Palm pr-ints; and d. Foot~JI'lnts, 2, This JiJlaglaph is subject to the Opell (,ovemlllf'nl Sunl,ct Review Act il: accol dallCE.' wiLi " 11 q 1 S and shall sland lepealed Oil Octobel 2, 20î 1, ullless ¡evlewed dnd saved f: (Jill repeili thlUugl reenactment by the Leglslature, H1story .). .-:1-, c:h./!~} L¿~); S~~. 2, 3 /1, u, el' /1)·1«(.-' ,I '.q") f'i' ;hh hL! 1 (h 85 18: ',. 1, ch, 8~,·A5; s, 1, eil. 85(j6, '1. ch, BS·3D1; s.' 86·1', : el, 8" [iCin. 88.188; s. 1, ch. 88·38·1; s. 1, ch, 89·80; s 63, eh, 90·n6; s, 'I. ch, 9[)211; :,.78, cf. 91 ·1',;" ei,,91 96; s. 1 ch. 91149; s, 90. ch, 92·152; s.:, ell 93·87; s, 2. ch, 93232;., 3, ch 93.0104, ·1. Cii 93405: s. 1, cll 9.01·128; s. 3, ch, 94,130; ,;,1, Cll 94·176: 1,,1419. ch, 95147; SS. 1,3, Cll. 95 . ,1, ch I)'j 207; s. 1, eh. 95 32.0~ SS. 3, 5,6) 7, 8, 9,1~1, ;2. '\4,1),16, 1E, lC. 29 31, 3?ri, -),1 11. (;()V.·<;, ci I 9tJ 1 ì ¿',; 1 1 ì I I 9i ·4(1b ì Ö I, 9¡ .:¡ , '.. , I , 'J ;¡ I 99 Î. CJ 1 cr¡. ¿DUe 1 bi.J " , (":h IOD ]/¡(j )l) II 1 zoe l,t) l ~,CJi /C)(, j(1\,' (I', 3b4,5. . ch. 20U2...(¡!; s 'ì, c'r }(J(J) 2.~1tJ; :1. 'I) eeL lot)] i5)" ~j~\ ¡Il )OU)]'!I ," i' 1. ch. 2003·16; s,l, cll, 2003·100; s 1, Cll 2003·13), S', 1,2. ell 2003,1:)}';;s 1, 2, ch zoe>; 2, ch, 200432; ss, 1,3, ch. 2004·95; s, 7, cll 200'1·B5; s. ·1, ch, 2005·)13; " 41. (h. 200')236: I', 5,6,7,8,9.10,11,12,13,14,15,16,17,18,19,20,21,222.3, 24,25,26,7.7,28,29, (II IDO', I. , .'1 J, ;, 51, s14, ci:. 2()CJ61,¡,. I, eli, 100[;l'í8; I, ~: ell. 2006· 18D; .). i, ¡-.:Ii ¿C06-18'1; ~'- 1, ch. :.?CX){¡ "1' L, '. , ¡::i 2006'-212; :;.13, eh. 2006..224; :).1, ct!. 200()·:¿84; :¡. 1. ch. 2.00tr7.8::ì, '). '1, ch. 2007·93: :). i, (1":. )CJU7·91 s. 1, ch, 2.007250 s1. rh, 2007·2.51. INote..Sectlon 12, ell 2006-22-'1, provicie~; that "[II]otwithsldnding iJ'lY law to ()l".' (Ol1tròlv c: ',1 agency unde, the individual ccllltl'Ol of tile Attomey Gt'llelal, the C!llcf f'inè1IKial UHICfJ, 01 the Cornmissiom'l of Agricultulei'; subject to this act.' 2Note,· Section 2, ch 1007·250, prOVides that [tj!le Leglsldlurt' lillCi' Lildl ;', d PUblic II(;el.';,I, .a; Unìtcd States Census fL;¡-ccLl dtklif'S:,íllfcnll,;t.1sJ"¡, '/á: íiì~.¡dc1t) ilictP\ \hCJV','jii'; ur ,UI pOll1tS, ager'lcy 1 ecor (!:.l VCI'ífYlllg adeJreSSi:<: elllC: dgc'11\.,'Y (pef)! ~j') icl~:.'1 tií dell] f--'i "f (';¡ ; 11el( rill dgC~lìCy be I'lIAc1e cOnf\(jeilt.icll aile] f:xc'rnr)1, 11"0Ill i)l.iOlic. l't::".'._{)tC¡~ fl;·:qU\: t'11It:fl\ r'lj! '-,í.J,'lril, htlIY'\\ WII .1 q,:, ,;lalL'. ii, \ls/Sw I \lfL',ï mil''' ,C 1111 ',\ n'. 111()dl"~ I) is!, I ;1: S 1:illll;;& SC;iJ'CI1_ S! 1'111 t''' I ! ~ _/(11 ¡¡; Statutes & Constitution :Vie\\ Statutes :->2007->Ch0119-~>Sccti()n 071: Online Sunshl. 1\I!.'L' 15 {,I Ie, Local Update Census Addresses Program, Title 13, United States Coele, Pub. L ~Jo.l 03"130, Ulllteci States Census Bureau address informatiori must be kept conflderltiôL Furllwr, illl indivicluill', di involved in reviewing such infolm2nion arid any individuill~, willi acces~, to sllch infotrnatlon 21 I eel to sign a confidentiality agreement to plesel've the cOllriclerltiaiitv of tilt' aelell!",s ilifu:I',dt!OIì. VV!lllout this exemption, agerlCles would be prevented fr'oni par-ticipatmg in the program ;\c, Slh I,. i h" ""ie I !Vf' arld efficient administration of the Local Update of Census I,ddresses Prograln wou!.cj be hlllcielee! al (II; federal leveL Further, it could result in a negative fiscal impact on the state," JNote."Sectioll 2, eh. 2003157, pl'Ovides that '[s]ubparaglapll 2, of paragraph [(h)] of subsectIOn [(2)J of section [î 19,071), Florida Statutes, is sut)ject to the Open Goveillrlk'rlL Sur1Sct RE'view Act of 199') In accordancc with s, 119,15, norida Statute:" and shall starìd repealed on October 2, 200S, UIllt,"I', reviewed and saved from repeal through reenactment by the Legislature, 4Note,uSeetion 2, eh, 2004-9, provides that "[s]ec:tion [119,071 (3)(cjJ, Florida Statutes, is sU!:i]eei to the Open Goverml1ent Sunset Review Act of 1995,111 accordance with s. 119.Î'1, HOllcla Statutes, and shall stand (epcalcd ûn October 2, 2.009, unless if:vie\rVecl and reenacted by the Legìslature. 5Note"Sectiorl 2, cll, 2004'32, provlcies that [p]iJíagraplr [ 01 <,utJ',eetlon I (':IJ 'I l' 'i Flolida Statutes, is subject to the Opell Govt'rl1l!lt'ni Slllll,el RCVIC'Vi ACI uji'.ì95 i!I 3( ':,YUilli' c119. -15, Fl~)rìdri SU1t:ute:) arId ~)hdt! stand repealecJ on OctohCi /. lOCY) , Ullle:.l(:' t ( \/1t.'Wt-l(j ,·-,rid ;-()[ iepealthrougii leCllilclment by the L,eglslé'ilurc, Note. A, AdditIOnal exemptions from the appllCiltlOr\ 01 this ',ecliOI; ilpphllin till' Geiler in I,I(]('" Statutes undei the headl!lgPurJlie Record'.. Ln" : (it ¡ c:;-~ B, POl'tiOlb fo 11m.' ! S'" 11907(61, 119,072, and 119,0'171. I__'___~U "-cOpyright ·~·~~;;~-2~~~;-~;1~~ I-O~~~":='~I:la tur t'_'~V~~)~dL~':~rl i " COî'LdCt. U hl1Jìi \V\\\\,Ìl¡,:.SlcllL' ¡;,L1"I:-':Cltllll's.rrllk'\.cllIl:, \1)1' IlJ(),¡" i) IJlL, ';Lil\lIk,\ ',_':lllI' "'I II ! 1- i}(,i,', BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CML HOLEV A December 10, 2007 . The Honorable Ken Pruitt, President Florida Senate 420 The Capitol 402 South Momoe Street Tallahassee, FL 32399-1300 The Honorable Marco Rubio, Speaker Florida House of Representatives 420 The Capitol 402 South Momoe Street Tallahassee, FL 32399-1300 Re: Certification of Compliance The St. Lucie County Board of County Commissioners hereby certifies that it is in compliance with Section 119.071(5), Florida Statutes. Sincerely, ~~ Carl Holeva Human Resources Director CH :ldc copy: Heather Young, Asst. County Administrator JOSEPH E, 5MITH, Disrnct No.1. DOUG COWARD, District No.2. PAULA A, LEWIS, Disrnct No:\ . CHARLES GRANDE District No, 4 . CHRIS CRAFT DiSrnct No.5 County Aaminisrroror - Douglas M. Äf"'1derson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (772) 462-1546 FAX (772) 462-2361 . TDD (772) 462-1428 · Job Line (772) 462-1967 · web sire: www.co.sr-Iucie,fl.us Re: Collection of Personal Information We care about your privacy and endeavor to protect it to the greatest extent possible. In order to obtain information to protect our office, and to provide you with benefits, certain personal information from you and your independents must be obtained. For your information, social security numbers and benefits information are not subject to Florida's public records laws and are not furnished to anyone, unless properly subpoenaed by a court of law or provided to an agency whose need for the social security numbers are necessary to carry out their function. Your social security number will be obtained solely for the purpose of fulfilling duties and responsibilities as prescribed by law and include: 1. To process and report wages pursuant to the Social Security Administration Act 2. To report income pursuant to the Federal Department ofInternal Revenue Service 3. To follow the guidelines set forth by the U.S. Citizen and Immigration Service 4. To initiate and process applicant or employee background checks 5. Drug Screening Test Identification 6. Process employment benefits including, but not limited to, health insurance, Florida Retirement, Unemployment Compensation and Worker's Compensation. ... , AGENDA REQUEST ITEM # C17C DATE 01/22/2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Carl Holeva Director. Human Resources SUBMITTED BY (DEPT). Human Resources SUBJECT: Compensation for staff called up to acllve duty to run from October 1,2007 ¡hru September 30, 2008 BACKGROUND On October 23,2001, the BOCC passed Item C-7 (see attached) to be reviewed annually. The item has been leviewed each year to run through September of the following year GENERAL NOTES: See attached memo FUNDS AVAIL Funds available for personnel who are eligible for call up, in the various departments budgetsc PREVIOUS ACTIO~: C5A,10/24/06 RECOMMENDATION Staff recommends BoareJ approval otthe attache,: r(-;quest an,! autnoiize é1iJprOJ,,: by the Chairman October' 1,2007 to Septernbc,r 30, 2008 COMMISSION ACTION Þ<J APPROVED [] DENIED [ ] OTHER Douglas MAnderson County Adminlstratel Approved 5-0 <J.ll_(! .,6,I;iil '-'V~'!' County Attomey ~ OdVl Originating Dept. .1",(,.. 4!;P Management 8. Budget ____ FUI'cha'>II'g _________ Other Other Finance (Check for Copy only, if appilcableL_ ~ , BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CARL HOLEV A AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Cad Holl'va, Human Resourrl'~ Din'rlor DATE: .Ianuary 22, 2UU~ SlIB./ECT: Comprn~ation for ~taff ralkd to adivc military dut~ BACKGROt:ND: On Octo her 2'-;. 20()1. the Bo,ird u!" ('uUllll ('(]lllllliSSilllleT; LII'I)I'()\l'd C(lIllPl'IISdli(l11 Illr staff called up Illr active militm: dlltv hased Oil the (ìO\'l'lïwr : .kh Blish Lllld Ihl' ! IUIIlLI Cabinet resolution. /\t that time, the agendd slcltcd (dul' to ll1L' uneerlainl\ lli'the eOllllieL this rhdicy will he reviewed Oil all ,1l1nual ha.sis), Thl' maill eoneelïl ol'emplo)n:-; \11j() LlJ'l' 1;i1kd U]' 11.1:, heir CUIII'!\ 111)<;li')11 \\IIIc] \"[" addressed in on Octohl'I' 23.2001, agemLi ilcm rc;¡dillg "Lllwli k'111111\;11 I.!li ,,[,.-:Iic.' l1r upon their honorahle discharge. thn skill hclVL' tIll' ritJll tl1 IcIUIï\ II) thl'ir pII.,itiuIIS ur ,\ comparahle positioll ill thl' COUllt> servicl' with()lIt ,su!ìl:rilli2 ,111\ loss OI·st'III(.Illlg or seniority, RECOMlVŒNDATION: Stall recommends the Bomd appmn' ,\Iì e:\ll'nsiull to its CUl11pellsdtioll i'llr st;lIì e;i1ld up for aclive mililal') dillY until Septemher 30. 200!\, Respectfully Suhmitted. _.~ ~..,,,,/./ Carl Holevu Ilumun Rcsourees UilL~etor Attachlllc'lll: (;ovl'rnor Bush's Resolutlllll ul' Scp1L'mher 2.~. :JI)O] JOSEPH E, SMITH. DlStricr NO.1' DOUG COWA~D, District No, 2 . PAULA A. LEWIS, DIStriCt No, J . CHA~LES G~ANDE, District NO.4' CHRIS ŒAFT, District No 5 (o'Jnty AdminIstrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 . Phone (772) 462-1546 FAX (772) 462·2361 . TDD (772) 462-1428 · Job Line (772) 462-1967 · web site: www,co,st·luCle.fl,us ;0 t AGENDA TO: BOARD OF COUNT'( COt-frGSS!ONEFS FROM: Da,vid Rodrique: Human Resources Director DATE: Oct. 16 I 2001 StTBJECT : Compensation for staff called to active military du~ - BACI<GROt.l'ND: On Sept:. 25, 2001, Governor Jeb B;,;sh a!ic! the FLo=ida Cabinet passed the attached resolution suggesting that employees of all ¡:loli1:ical subdivisions oE the state, ·"ill. receLve full cLvilia:"lpay i~ addition to their military pay fer the tLrs: 30 days' of their a - - 1.' ...::. '. - I . d I .. 1 1 the - '" a ¡: ... .:. - ,.. .=¡ .-::¡, ~ -/.:10 r·....::1 .......J. ~. r - ,- .::a S " a - ,. -...... .... . r. __ '_ 0'-1'-1' an "'___ ...<0 ~___ ~____ . .,,- ~-.' --'=-- ;, ..' "---' .aloe :-.-.~..._:_,. ,.,.; ~;... _ r"'av c.o ~ho ~ Q~/~' .....,= _......~;... ,-; ~.: ~.;,;I..... o~·· .=l"'~ CO""-:l""'1ue _ _ ,,~\... __,-a_y =-.J ~I. _ __ __ ~_ '-......-- -- 1__...__. _ c.j ~..'-= .._1.., t~:ir e~isti~ç ~e~e:its. RECOMMENDA.TION: s~~:: :::o~",,"7'.~;'.cs :,"::.a: ~~.e e~;;l.cY-=~5 _;:..._-=-= ....... ¿...::,':"·¡e ~,.-,,. re~è:"·ot·:: ~;:: =:~~:~!~ ~a~ ~~ 2~~~:~~~ :~ :~~:: ~~l~:!:j ~aj f;;-~~e f~:sc ~: ~~j3 =~ :~~~: a::~~¡~ d·;~y, a~~ ~~:l ~~~:a~~:æ= =~ce~~e th~ ~ay :-.:~~5S¿=:"; :ç :~:..S~ ~;.e:.:: ~~:..:"it::~: ~a:/ :'0 t:'.; ~e'l:~ 0: c:ïei: ç~v~LLa~ ~!y a~d C~~:~~~~ thei: ex~s:~~; ~S~~e~~5 fo: a pe=iod of , ;:: ':., "";.;l' J S ., ~ c::...... - 0 c·,.. -"'I .. ; -,. c ,.. 'r ~ ~ 'P"" ~ ~;to ì -.... ;,.. 5 .. - ~ .., - ~. ~ C" - 'r: ø e -0 1 "'j e ., _ __ __. . __,__~,,,, ~,,'__..__ _ ."'__ '..__'." _" ___..'-_ l.. _ "-... '''. _~ - a:-.:: c·;'.-::-:..:: :2=-:".':":y, :':--.e =:r.~l.o!~e s:o:::":::--. c: ::-.-= i.~.S~-:=:':'".(:~ c=s:' 1,.:..11 ~~ t~~~==e~ ,~:=~ ~~~ s~?~le~e~:¿~ ?a~. :~~ e~?~=j"~~ ca::~~ :a ¿~ty ~~~: ~e C~'r~:e~ by the ~~l~:a:j ~:= ~ea~:~ a~d ::=·/;::a.;-: .....i.~~ a:~:·." ~~.= :¿~.':'~i;.s :Q :::-.:~:-''''':'-= '- ~ '.. ~ - "-, - - - - - -,-, r ; .... ~ - 5 ._-:;:.-... _Co.:: r:-_..II____ . , . -.::. .:.. :"",,::ï':': è. :-.C -e. C;'t.::- ..; ... - ... - -.. :-- -'::" - :: =-:: 3=:"'.: ü9C:'"'~ t:-Ie :~=:¡'1.:na:ion of se::'\.ri::e, c.r.e/ s':'.2..ll· r,ave C~le cig~.: to 0: ~oo~ t~ei: ho~orabl~ discha:ge, :'-::1":'::", ~~ r:.he:'= pos~tions 0: a ç ~:7'. C a =- ¿ '::, 1.. ~ ': C 5 i : i. Q:1 .... : ~-'. e C:: L:~. ::. J ,---s~ ,~: s....;:.:~;,...- C'" s.=>...;,....,,..~~J __ ...._ __.''-''_'"':' _ -..----~4'. 5 -2 :-' r :. :: 2: I,.j ~ C. r. C :--1 -:. s..,: ¡;:.=.....1 ,........ -----~..~ e.~>Y D ''''::: t.:) :. ~. -= l.: ~. C -: :- :. a i. :"" :. i C -: c.:--. ~ è e :: : ::. :- ~:: ',.¡ ~ : ! ~ r~ :.. 5 ~ C ~ ~:: '/ 'yo.':' ~ ~ be r-e'/ie'...·e::. 0:-'. è:ï a~:1u.al. 'oasis. Re'~:~~tted, c;ffi~ Rod:~g'Jez ~ E~~¿~ Re50~=~2S Directc: o fl.! rr.¡::; .:;t:.ta::::-,ê::: Gove::~c::: al..1s~.' s Reso!..';'::"o:-, c: Se¡:Jt. 25, 2001 ::::,.?~cYêe ,r,a~dtcok ?ègê 12 & :.3 MiLi-ta:y Duty ,. \ R¡;;Hlurí1:0:'l \l.IìŒrn:.....s, rhe Ullit~d S(J.\e.l or A:::cf.~ w:L\ (nunrl:d olllh~ ~r..:lcipiuJ of tlbt:::'/, Fr::rlOr':"l, ilnct i~t \lee ror ~l; ¡:¡d . w11J::Jt.£A5, tNau;houcllilt"ry. NOe.:1U',1ll lutili::l ÌlJve been c:l1l.,C\ UpOCl ell ([\:fl.-:-.! thcJe prineÎf'lIe.,\ both ,t b.om.c::Lad wougllouc ¡1,\t world; loJ \lIR'tRf....S, 00 So:p~=b¡;: ll. 2CC I th~ UI'Jc:J Scms "'~I 1ubjc:: to a..:t:l of"'3: ?:"?c:u=.~c'" J;:1iNt c:vili;uu by l<r.Urul.l; lr,d \VTIERLA.S, \::¡ rCJponJe to chef: ,c:.s or t::Iar, \he :>=id:nt of the. Ull.it:d StJ.::.¡ h1.~ c111cd UçOll r~.e~<:'l or the ...r.nc:! Forcu or dJ.e L!uild Sl:1IC1 1I1U a:::Oc.."'l or the 't"J:inn..1 Quad tll procc'~\. ^.:rll:~i:J·1 ¿1i.:::H :¡nd ht: !l:cdaa:s; :md 'W1ŒIU:A.5, ~:' or tr..cJC A.mc:"ÍOl1 lold¡e:1 ~Ue-J :0 JUI1lu clc!c::.d 0Ul' U'cc:"'~~ L".: ru1t.:irr:e. ,I:::'U ~-:lptOle.~ 'IlI!:.:lC C:'rJiJ:. Pl:' ~=::d.s mt;( ,cilicC"; c.:\r'\~~E:~S~:~oo.; U1J \l.m!U.~. &.C :'lr:'li\ic, of mele IO[c.l~. t!c~~ë~ lièc~el c~iOïd oy ;t1, :1:,;: ::0\11 be' r~::::.! ~G.1:.: tin;r.ciJl b:d.~? i:ll":~l:on to the pin at ~9J~;=cc; ~ \.ViiZru:.....S. T,t ;:cr::!J r..::l~l.1l= w ?rc""~:!. i" 1::::Oa.! ¡ l;,C~ wi t t ~: <, r-,'cr.r.:.. $Q,~~:=l. =\:1( Jll ~(:lÒ,l3_ ¡ad =;:lo:/e:: 1Jc' 1/'.:.: l=,=- ,c~""¿e.s ~d r:"'.~,,:;:;~:\.t:e~ or ::o\:.~::::.!. l'J.:¿':'/"...1;OCJ Jf :.~c ~:J.~:. n'J.~' ~::~:'/: :iJ~ ':~'I ú..:,;H: ?"¡'1 = ::¿:~cr. ~ ~e:: ::0,\=/ ::::; :cr ~,~ IÍ~: :Ie C:Yl o( ~:'.:,,:.v" ¿,.~/, ::.=¿ :r:..'¡ t.:.:~:~".~: :-,,;::i'/: ::.t ~:.:: ~,-::::::j:r:J:o ~:.s.: '~I.::': :=i.:i=--.r ?J:':o :',t 1~'/:: :1í-d:.e:: ::.,:.:.:.:.:. ':l:"/l~':' :=Il:-:J"l,'':':: ::'~:.: ::tiJi.i.:.1 'oc::.=:.~. :-·OW. 1 !:lLR£F 0 R:::, BE IT RESOL VIn cb.¡t~: C~".::"r:.::¿ C::i71C: ;J: ~~: S:.l: cC ':~~::::.: en Î'\c:~hy air::.: IU i1~::.:.c~es u..c~::' ...:..c:: jt.l...~..1¿;c~on ~a 'T'.,(:~.~~,: :.b.: ~1'OV:';¡C::.s IJ[ ::urJ..!;'; ~;¡it::-.' s~~r:c: Cõ\:.ç~::.1at.:cc Ll'. ~or III ::==~U'd::S ::.¡~e:::' :0 :'C:"'1'/: ¿'':'-:! :j 1 :,,=!u.!', or ~<:=-= :.::-:-or:s: 1.C~. T;\c: Gov~=o, ",; c;~;--, _r."_ ,=,... ,··'';':·rid- ¡.-.",:,/,,,,.,,,..,"- ,.. ""'''''l _..~i-:_':·I"·l ___ ....__..... _... ....0.-.... ... I ....~ .. w........... "'__"'_";'. _.. ......w.-..... . <I...." "'.:-.... 10.010 e:': :~::=::.t 3\.:.':¿~"r~s~oc:.; ,:: Òt: î:J~: to ~::~:.~:::: ~~clc.~C:"'.~ d1t ,ro·r.s~or.s O( r..1l~ r:~::~:~t ':O=:::,:¡.tlcc. \~'... ¡-.r ~\c:r :mni 0Y::l, T':.:· Golvc:-.-Ur :u:.¿ C:'oi=.c: of :.~: ~:.:.:: of :\cr',~ :"..0"'-;:: ;l",v~l: =;lc:,t:;\, to ~e ex::",\ ~ltï ~r: lck, to \.:Ii: s~\':.til;.; :.cio::.s to _4'~: ·....hcic t,¡l.:c.!\e ~'c:\J\e ~J('~~d ~o ::"l:'i"~ i.l~lj :JJ 1 ~:st..J: of this 'C=='~:-..: ~:::c:'c, ,,~:-:ion:i\y. ~ll J~:::l.::e~ '.u:~:: C::e 00v=or :..,¿ :D" C:bi.o.: ~f ~.c ~::.:~ :"t F~('l~:diJ-i j\\:-,,:¡c.1i.::.¡un. 1..""C èl...~::::¿ :.' c~.r,s~é.c:: ;Cdl:,:,Oc..:l~ lC''':'LJCj lh.:.r C"..J.'/ ';J( -,.,:::-:.n:.:-:'" , I I I I \ \ [ \ . L,__ 1:"' ï'¡~:;TI,'rtO\'Ï WELR..::OF, ~: C-ov~::nor ~1\d Cj~;I;<: ~('';;': S~:',: Dr Ficri¿¡ ;~li.1.'I: ~,::~C;;J 1UO,:~::·oc:. ~'t'C~~ n~I':\ê4 ~t.:c! b,¡}vc:: :;:¡~e'l :be c:::c',~¡ .~e¡J or :l:.: SlJ,C :H~~.or.ci.:..:o he. ht:·.~'Jù.t'J JC::.l.:::J U:. Ll:.l: Cir/ o[7:.l\::.h~s::;; r--"¿<;; 2:-..l da~' 0; Sc?:e",\{l:r :Olì: , I ì -j.1b MILiTARY LEAVE l E~~ Icyee s who are members of me Flo.rida National GUëíC ?r oll"',er mìlit2lY íeser\oe u;its who are cwly ordered by their commanding officer to er,gaç;e In actlve cut'!: field e,xerCJses, or other training shall be entitled to a leav.s of absence frem the'J r~~pectl;e duties fc(up to a ma,;(imum of seventeen ( 17) days. Satd em~layees shall be entl\¡ ed to the full pay Ø"\d beneiits they would have otherNise eamed during said leaves of absence. If the leNe exceed s seventeen (17) days, it 'Nil! be 'NitAout pay. Upon the termination of such service, or upon their honorable discharge, the'j shall have the right to return to their position or a comparable position in the County service, proviced. such position still exists and they are other'Nise qualified, without sl,;1'i'enng any tCSl or standing or seniority of any kind whatsoever. Federal and State regulations may superSède the above. Employees are acvIsèd to cansu It the Personnel/Risk ~lênagement Department for iniormatio n coneerni",s; h"ëlth and life insurance continuance while on military leave. . Th~ Count'! will comply with the Uniformed Ser.-ices Employment and R::,~r.¡ploy",e:.t Rçr.ts Act of 1994 (USER,~). A copy is on file in the Personnel Deparïr.¡ent. J..iÎ e:71plo~/e:! drafiec or orderec to active dU~J in cor.r.e:~icn with reS¿:d'/9 ac:ivities ctJ;~r th.ën s;;ort-~erm training. as cutlined in the nrst paraçraph at:o'le shall. upar, pr=se.'ì¡ê~Cn or a COP:I c f his/her official orders. be s;rar.tec to a lea'/e witr-,out ;;2Y e xter;cir,ç nir.e~/ (::0) ca~e~.d.:r c ajs be:/cr.c ¡t-,e cate of separation from t~e r.¡iiitar/ ser/ie2s, ,~.II wr'l.:Sêd leave ber.eRts s;'all be retained by the er.::::lcyee wr,o s:-:ail ha'/e t~e s,,~e c~e~itec to !",is;her rec::;r:::s ii applyins; kr reinstaier.¡èr,¡. Ourinç 5l,;C~ le,,'/es ~f 2Cs¿r.ce tr.e ::7lplo/ee S::21: be =mitled to prese:'/e all nçr.¡s eSia:lishec ÖV tr-,2 C::I..:r.t'l :;:;"cic'IE:: " '., . . .. . r.ar.c_oak. ~ Ir-.t",.... .-::......... ..._~: ~; _'I'.-~ --r'· ..... "hE: c""'~1 \'.-'~ ........ ,~" "'r' ,-~...,.- ('~·_·_,--·'·r· .:-.... f" ~ ._,-. ¡ _c ~2, c.,cr, IfOr7l1111 II.GI / Sc. '11Ce I I. _" l~ c.,'':':' : I.l.:..... f-==""';L.:::....>. . ~', ._'-C.:;" .,==.,~ IN:... ,¡I 1 i:-e ,~Ir.e:'/.~SC) c2ier.C2r Cë~1 ¡:::efocc Inr7'.e:j¡at"!~1 fCilc'Ní.-:ç se:êiê:icr, ï:-,e CCL.:r,,/ r"ê.,f r:'::1...;!r2 ::--:Ë' =:;--,;:lc~/ee:c '~:.ce:çc 2 J"T:e~¡çél ëXêJ"7iir¡ë:;cr, ë~~ r:xç :=S~:Û ::e~=~:7,:r.€: R(í2:S ,~ "'='~C-- .~ - " '·'es c: ....- -o":':C'" '0 "''''I'C''' h"";s'-e --'f"''''' ·-"'--·-c Ir' .-- -~CI'r'I-- .w._~" 1"~.I':~t..:... \1,..01:::,.. _I\"I ;l~ IY), ¡l \'Ç. Ll ¡"C, ....~,=-~...¡"tl,_. 1.,'::;=.". ......;':':: '1"1' ~._- r- '-r -- -"'c""e-- ·c' 'r"": ,....,I"I·I:-r/,..' "'I .. -'S-E :.-'-ite: r-i-,,·-·-~c-· -C"'I- .... ,.,ol ....:':;. ~ I.... e" c::...... l.., I ,ei.. w ,-,I I, II c:::. 1.,..0.-'. I llC, 11 1......1 'c:. _ C.II_"C:_:. ,'0;.. 1\: '_ I '.'::; , t· - .. 1 , AGENDA REQUEST ITEM NO. I ŒA( DATE: January 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Termination of Contract with Danella Companies, Inc. BACKGROUND: See CA No. 08-093 RECOMMENDATION CONCLUSION: Staff recommends the Board approve the termination of CO#06-07-972 with Danella Companies, Inc. co;¡t' Douglas M. Anderson County Administrator COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: ~ Review and Approvals [ ]Management & Budget: [ JPurchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) ,Effective 5/96 .. J ! INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 08-093 DATE: January 22, 2008 SUBJECT: Termination of Contract with Danella Companies, Inc BACKGROUND: The County has a contract with Danella Companies, Inc. for construction of a force main from USl to FPUA Lift Station "A. II Staff wishes to terminate this contract in accordance with Paragraph 23B, Termination Without Cause. RECOM M ENDA nON / CONCLUSION: Staff recommends the Board approve the termination of CO#06-07- 972 with Danella Companies, Inc. lIy SUbmitt~e! / ~ 7' ~.. ¿ 7ï Y v i Heather Sperrazza L tJ Assistant County Ayorney ~ cc: Laurie Case, Utilities Director Ray Murankus, Project Manager HSLj 4. t Page 1 of 1 Heather Lueke . Good morning Tom, From: To: Date: Subject: CC: Raymond Murankus tbass@denella.com 1/11/200811 :00 AM Good morning Tom, Beecher, Larry; Case, Laurie; dmellert@fpua.com; mastmolr@bellsouth.net Good morning Tom, Per our conversation change order #2 to contract #C0607972 was approved by the BOCC on January 8, 2008. A copy of this change order will be sent if your office has not already received it. St. Lucie County Utilities has decided to seek the Board of County Commissioners permission to exercise the 30 day no cause clause of contract #C0607972. A hard copy of the 30 day no clause contract termination will follow after BOCC permission. Final payout for the portion of contract #C0607972 completed by Danella which encompasses the connection on U.S. 1, all of the installation, pressure testing, restoration and certification of the 16" force main to the south side of Fisherman's Wharf will not be made until this portion is accepted by St. Lucie County Utilities and the Fort Pierce Utility Authority. The directional bore portion u.nder the north bound travelway of Indian River Drive from Fisherman's Wharf south to lift station A will be done, if permitted by the BOCC, under a new contract. Please let me know if you have any questions regarding this matter. Ray file:/ /C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\47874C3... 1/15/2008 iîiîi_lm."îîlil.mlíIÎlllllllílmîililÎmIHliil(îiIilUliîilil_îiIili~.~iìì ... St l_c..ty___ fílÎIIiIlÎ¡¡'llllîîlillllilllÎímliiliiîilil_iÎillliIIÎillliili:illii_mi_i1I¡'II___Î_i_il¡t"'·"i'~. ·"ì¡·''''···¡I¡.~ IMkt Charles Grande, Chairman Doug Coward, Vice Chairman Joseph E. Smith Paula A. Lewis Chris Craft District No.4 District No. 2 District No. 1 District No. 3 District No. 5 AGENDA January 22,2008 1. MINUTES Approve the minutes from the meeting held on January 8, 2008. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 15 and 16. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 8, 2008 Convened: 10:21 a.m. Adjourned: 10:21 a.m. Commissioners Present: Charles Grande, Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Richard Bouchard, Erosion Manager, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held December 11,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENT None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 11,12,13 and 14. 2. PURCHASING A. The Board approved the following firms conducting contract negotiations from RFQ 07-101, Engineering Services for the Mosquito Control District and approved the firms to: 1. Conduct contract negotiations from RFQ 07-101, Engineering Services for Mosquito Control, 2. If negotiations are successful, award contracts to the successful firms; and 3. authorize the Chairman to sign the contracts as prepared by the County Attorney. B. Permission to advertise an Invitation to Bid- The Board approved advertising an Invitation to Bid for trash receptacle and scattered trash collection services for multiple Mosquito Control Impoundment Parks and sites. There being no further business to be brought before the Board the meeting was adjourned. Chairman Clerk of the Circuit Court 01/11/08 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 05-JAN-2008 TO 11-JAN-2008 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 61,120.33 61,120.33 PAGE 1 PAYROLL 36,765.51 36,765.51 01/11/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #15- 05-JAN-2008 TO 11-JAN-2008 FUND SUMMARY- EROSION o TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 5,318.41 5,318.41 PAGE 1 PAYROLL 4,855.20 4,855.20 _lit~II*¡f"'"'''IlÎ..~'·'·''''"'''''''U''''''''' ''''1If''''''' , '"iN L~!'t",,'n"", ,"'^'''''''',,''' 11' "''''''''11'' ',""'M~ltt"n,,',","H' ~ IJIcie aa., rr-.. Disbkt iIiIiIIMh>U'1ìi__'drnnlll'M)'ì"Il"'''" uiirH4'h>U'''''''' 'T1IIillnnr~_r'" rO""uLJJ:Hil¥.r' llilIL' U'W~l'ltl Chris Craft, Chairman Charles Grande, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No.5 District No.4 District No. 1 District No. 2 District No.3 AGENDA January 22, 2008 1. MINUTES Approve the minutes from the meeting held on January 8, 2008. 2. GENERAL PUBLIC COMMENT 3. PUBLIC WORKS South County Dune Restoration - Suspension of Work Authorization No.9 with Coastal Tech for the determination of an appropriate funding plan along with services for the permitting, design and construction oversight-due to no immediate need and other concerns as identified in the attached back-up memo - Consider staff recommendation to approve to suspend further work on a one-time dune restoration project under Work Authorization No.9 with Coastal Tee;¡. ~ C6 CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 15 and 16. 2. PUBLIC WORKS Staff recommends Erosion District Board approval to submit a grant application in the amount of $10,000 to the FishAmerica Foundation to assist in the deployment of reef materials to the Offshore Artificial Reef. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 8, 2008 Convened: 10:22 a.m. Adjourned: 10:22 a.m. Commissioners Present: Chairman, Chris Craft, Charles Grande, Joseph Smith, Doug Coward, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West Public Works Director, Richard Bouchard, Erosion Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the meeting held December 11,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA 1. WARRANT LIST The Board approved Warrant List No. 11,12,13 and 14. 2. PUBLIC WORKS A. Project Agreement 07SL3 with FDEP- The Board approved 1. Project Agreement 07SL3 with FDEP for $117,905 in Grant funds 2. Work Authorization No. 13 (Contract # 04-11-622) with Taylor Engineering, Inc., in the amount of $235,809 and 3. Budget Resolution No. 08-001 supporting the grant; and signature of said documents by the Chairperson. B. The Board authorized extending the contract with Marlowe & Company for the upcoming year 2008 (January 1,2008 to December 31,2008) to continue coordinating lobbying efforts in Washington D.C. and with the U.S. Army Corps of Engineers for a flay monthly fee rate of $2,750 ($33,000 total) which includes professional services and out of pocket expenses; with execution of said contract by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk ofthe Circuit Court AGENDA REQUEST ITEM No.3 Date: January 22, 2008 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR 00 PUBLIC HEARING [ ] CONSENT [: PRESENTED BY: ~'\i.v<l~J.- Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: South County Dune Restoration - Suspension of Work Authorization NO.9 with Coastal Tech for the determination of an appropriate funding plan along with services for the permitting, design and construction oversight-due to no immediate need and other concerns as identified in the attached back-up memo. BACKGROUND: Residents and Condominium Association's along the southern (3 to 5 miles) shoreline of the County are very concerned about diminished dune protection and increased exposure of their upland property and structures to the ocean. As a result, the President's Council of South Hutchinson Island adopted a resolution on May 23rd requesting 81. Lucie County to undertake t~e necessary actions to provide for dune maintenance and ultimately beach restoration. On July 24,2007 the Board approved a contract with Coastal Tech to pursue the development of a potential interim dune restoration project to offset future dune erosion until a larger scale beach restoration project may be developed with the state and federal government which is tentatively scheduled to commence in November 2009. During a meeting to further define the project with County staff and Coastal Tech, a representative from the President's Council conveyed their desire for a recurring maintenance program managed by the County. In addition FDEP advised County staff on November 21 51 that State funds were available to the County to assist with dune restoration activities subject to construction being completed by March 1, 2008. As depicted in the attached report from Michael Walther of Coastal Tech, the restored dune has not significantly eroded since the County restored dunes after the 2004 hurricanes; Coastal Tech and County staff concur that dune restoration is not immediately needed. Substantial effort has been made by the County to provide assistance should another emergency occur similar to the 2004 hurricane season such as pre-approving upland sand sources for dune restoration and preparation of a permit application ready for submittal to FDEP. In that there is no significant dune erosion since the 2004 emergency restoration, this action is to request Board concurrence that staff suspends work towards a potential interim dune restoration project on privately owned property. FUNDS: Funds were previously approved for these services in the following account: $251,269 in Account No, 184-3710-531000-36203; Erosion District (South Hutchinson Island Beaches). PREVIOUS ACTION: On July 24, 2007: The Board approved a contract with Coastal Tech to pursue the development of a potential interim dune restoration project to offset future dune erosion. RECOMMENDATION: Staff recommends Erosion District Board approval to suspend further work on a one-time dune restoration project under Work Authorization No.9 with COåstal Tech, COMMISSION ACTION: M APPROVED [ ] OTHER: Approved 4-1 Comm. Grande V Oling No [ ] DENIED ::tE' Douglas Anderso¡;---' County Administrator [x]County Attorney [x]Onginating Dept. Public work~ . ß_9v/ Coordination/S ianatures [x]Mgt & Budget (CODV) [x]Executive Assistant BPrM [x]Erosion District ~ [x]MSBU Coordinator (CODV) PUBLIC WORKS - EROSION MEMORANDUM TO: St. Lucie County Erosion District Board VIA: Douglas Anderson, County Administrator FROM: Richard A. Bouchard, Erosion District Manager DATE: January 3, 2008 SUBJECT: ST. LUCIE COUNTY - DUNE RESTORATION & MAINTENANCE This Memo is to provide additional information to the Board relative to a potential "interim" project to restore dunes primarily on private property in south St. Lucie County. Background: St. Lucie County is currently pursuing the development of a potential interim dune restoration project to offset future dune erosion along south County beaches until the larger scale Beach & Dune Restoration Project may be developed and implemented with the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (USACE). Construction of the Beach & Dune Restoration Project is currently expected to begin in November 2009. Coastal Tech is the Erosion District's consultant for this potential interim dune restoration project. As described in the attached memorandum from Michael Walther, Coastal Tech is staged to file a permit application to FDEP. In concert with County staff review of the interim project design and FDEP permit application, property owners along south County beaches have conveyed their desire for a recurring dune maintenance program managed by the County. County staff has determined that it is appropriate to provide the Board with information relative to the scope of the potential interim dune restoration project. To facilitate staff and Board review of the interim dune restoration project, Coastal Tech has provided the attached Memo, as requested by County staff, to summarize the status of the interim dune restoration project and provide pertinent information. On Wednesday, November 21, 2007, Brian Taylor of FDEP advised Countystaff that FDEP has funds available to the County for dune restoration activities SUbject to the following: (a) By December 31 st, the County must agree to provide matching funds - consistent with the existing cost-sharing agreement with FDEP which prescribes that the County will most likely provide for more than 50% of the project costs. (b) Construction must occur before March 1, 2008, (c) FDEP will not cost-share for dune restoration except in those areas designated as "critically eroded", (d) FDEP will cost-share in pre-construction surveys, design, permitting and construction oversight but will not cost-share in dune planting, (e) Mr, Taylor also noted that FDEP will expedite issuance of permits. Note that the County has requested FDEP FY 2008/2009 funding for potential dune restoration; this FDEP funding may become available, if appropriated by the legislature, after July 2008. These funds could be utilized to help offset a portion of the local share of costs for an emergency dune restoration project should the need arise. County staff and their consultant, Coastal Tech, met individually with Board members to provide a status update on the interim dune project including the potential for funding. The preceding agenda item has been prepared for Board consideration. Page 1 of 2 Brief Historical Perspective: Dune restoration and maintenance along the S1. Lucie County shoreline has historically been accomplished by upland property owners, In the late 1980's, Ocean Village created a dune committee to oversee the maintenance of their dunes with funds generated from their own special assessment. In 1999, Hurricanes Floyd and Irene, along with subsequent high frequency storm events, substantially impacted the County's coastal dune system. As a result, local residents in South County undertook various dune enhancement measures such as sand bagging, beach scraping, trucking in beach fill and dune planting to provide short-term relief to areas experiencing dune wash-over. Due to the devastating hurricanes of 2004, the County provided assistance in restoring severely damaged dunes in South County utilizing emergency funding from the State and FEMA. Project Costs: Coastal Tech has included estimates of potential project costs for various alternative fill areas on Table 4 of their report which is attached to this memo, Note that: . Based upon monitoring data from Coastal, it appears that the dunes restored after the 2004 hurricanes have not significantly eroded and do not need immediate restoration. . The cost estimates reflect a range of potential future storm conditions after which dune restoration might occur. Funding Sources: Coastal Tech has been tasked to evaluate various funding alternatives and recommend an assessment methodOlogy for a potential dune restoration project in South County. Preliminary work by Coastal Tech suggests the establishment of an MSBU is appropriate to generate the local share of costs for dune restoration -- consistent with the previous report done by Coastal Planning & Engineering, Inc. after the 2004 hurricanes. It is expected that the County's share of costs for dune restoration would be limited to that associated at County Parks. Although FDEP funding is available now, it is uncertain as whether FDEP funding will be available at the time dune restoration is needed. Coastal Tech discusses funding further in their attached report, Staff Concerns: Discussions with County staff have identified the following concerns: (a) A recurring dune maintenance program, as suggested by a representative of the property owners, would create a significant increase in staff work load to: monitor dunes, communicate with affected property owners, coordinate consultant work associated with surveys, design, permitting, construction oversight and project monitoring. (b) Establishment of a recurring project for South County beaches may establish a precedent and lead to: . additional beachfront property owners seeking a comparable program to maintain their dunes in other areas of the County (I.e. staff has already been contacted by a representative from FPL), and . other upland property owners seeking comparable programs for maintenance of their private property throughout the County, (c) Upland property owners may have unreasonable expectations of the County to maintain dunes and provide protection to upland property; these expectations may impose a corresponding County liability, Due to the above concerns, County staff believes that: 1) A recurring dune maintenance program should not be pursued by the County, 2) It is appropriate to suspend any further work by Coastal Tech to advance a one-time dune restoration project, until such time that emergency conditions occur, similar to what existed after the 2004 hurricanes, rb atts cc: Dan Mcintyre, County Attorney Faye Outlaw, Assistant County Administrator Don West, Public Works Director Michael Walther, Coastal Tech Page 2 of 2 MEMO 24360.11 January 3, 2008 To: Richard Bouchard - St. Lucie County From: Michael Walther - Coastal Tech Re: South St. Lucie County Dune Restoration This Memo is to provide a status report relative to the potential dune restoration Project in south St. Lucie County. Based upon our discussions, the County intends to perform dune restoration on private property - onlv in the event of an emergency - such as occurred after the 2004 hurricanes. In general, we do not recommend a dune restoration project at this time for the following reasons: 1. The prior emergency dune restoration by the County has not significantly eroded. Through November 5th, only the northern portion has realized minor erosion of the dune. 2. Upland buildings are not immediately threatened by erosion; an emergency condition does not currently exist. Also as we have discussed: . Although Coastal Tech has drafted a permit application to the Florida Department of Environmental Protection (FDEP) for dune restoration in south St. Lucie County, the application will not be submitted to FDEP at this time, but the application can be resurrected and revised in the event that a future emergency may arise. The extent of dune restoration should be defined at such time that emergency conditions may exist. · Although Coastal Tech has initiated formulation of a funding plan based on assessments to property owners, no further work on the funding plan will be done until such time as a future emergency may arise and the County elects to proceed with dune restoration. Please note the following: General Background: The St. Lucie County Erosion District (District) provides for maintenance of the 1.3 miles of beach immediately south of Ft. Pierce Inlet as the local sponsor of the Ft. Pierce Shore Protection Project - maintained by the U.S. Army Corps of Engineers (USACE) via an agreement with the District. Sand placed in concert with this USACE project has spread to the south to nourish "downdrift" beaches. Based on observations, in 2001, sand from the USACE project had spread to about 4 miles south of the inlet (CPE, 2001); today, placed sand has spread to at least about 5.5 miles south of the inlet. The Study Area for the South County Beaches Project extends from about 8 to 15 miles south of the inlet - from just north of the FP&L Plant (R-77) to the Martin County line (R-1l5). By Resolution dated May 23,2007, the President's Council of South Hutchinson Island: · conveyed its support for continuing restoration and maintenance of dunes and beaches in south St. Lucie County, · requested that St. Lucie County initiate a program to provide planning and financing for annual assessment and maintenance of dunes - as needed to maintain the dunes restored in 2006, · resolved to provide equitable financial contributions for annual dune maintenance. The St. Lucie County Erosion District Board has authorized Coastal Tech to: (a) develop a funding plan including appropriate assessments to property owners, (b) provide for surveys, design, permitting and construction phase services for restoration of dunes by the County - per the Council's request. i) COASTAL TECH COASTAL . ENVIRONMENTAL . CIViL . ENGiNEERING AND PLANNING Memo January 3. 2008 Page 2 of? Prior Dune Restoration: In 2004, Hurricanes Francis and Jeanne caused significant erosion of St. Lucie County beaches. In 2005 and 2006, the County, with funding from FDEP and FEMA, undertook emergency restoration of dunes - generally fronting buildings from the Regency Island Dunes Condominium (R-99) to the Martin County line. In 2007, the County completed emergency restoration of dunes by restoring the dunes fronting the Sand Dollar Shores Condominium. Prior emergency dune restoration by the County specifically included the following: · In 2005, after the hurricanes of 2004, the County placed about 162,000 cubic yards of material to restore dunes and the upper beach berm over 15,530 feet of shoreline fronting buildings - corresponding to an average fill density of 10.4 cubic yards per foot of shoreline (cy/ft). · In 2006, the County placed about 72,214 cubic yards of sand to replace unacceptable material placed in dunes in 2005 over the same 15,530 feet of shoreline - corresponding to a fill density of 4.8 cy/ft. · In 2007, the County placed about 10,700 cubic yards of sand to restore dunes in over about 2,000 feet of shoreline at the Sand Dollar Shores Condominium - corresponding to a fill density of 5.4 cy/ft. The following shoreline segments are within the current Study Area, but were not included in the prior dune restoration efforts by the County: · from Blind Creek (R-77) to north of the Sand Dollar Shores Condominiums (R89 +600' north) . from south of Sand Dollar Shores (R-90 +300' south) to the Normandy Beach Access (R-98 +400' south) · Dolman Park - from south of the Island Dunes Condominium (R-lOl +400' south) to north of the Ocean Towers Condominium (R-103 +300' south). Existing Dune Conditions: In concert with planning for dune restoration, Coastal Tech has monitored the extent of erosion that has occurred adjacent to buildings in the Study Area. For representative locations, Table 1 below summarizes: · the constructed dune crest width - constructed in 2005-2006 except for Sand Dollar Shores - constructed in the spring of 2007 · the dune crest width measured by survey on November 12th · the percent of the constructed dune crest - remaining on November 12th · the distance from the building to the dune bluff - measured on November 5th. Table 1: Constructed Dune Crest Width i Distance from Building to Bluff Reference Dune Crest Width (feet) (feet) Location Monument Constructed INov. 12,20071 % chan2e Nov. 5,2007 Sand Dollar Shores R-90 25.4 ¡ -6.4 -25% 85 Regency Island Dunes R-99 22.5 i -3.5 i -16% 66 The Princess I R-106 15.9 0 0% 50.5 Waveland Beach Access i R-lll 47 I 0 ! 0% 52 i Holiday Out , R-1l4 6 0 0% 30 i) COASTAL TECH COASTAL . ENVIRONMENTAL . C1VlL . ENGINEERING AND PLANNING Memo January 3, 2008 Page 3 of7 To date, the constructed dune crest has not been affected by erosion except along the northern portion of the Study Area at Sand Dollar Shores and Regency Island Dunes. Throughout the Study Area, the distance from the bluff to buildings indicates that buildings are generally not vulnerable to damage by erosion during potential future high-frequency storms (15-year return interval storm) as defined by FDEP; this is also reflected in our results from analysis of potential storm damages for existing conditions. Buildings are generally now not vulnerable to damage during high-frequency storms, but buildings are vulnerable to more severe storms and will become more vulnerable as the existing dune erodes. Future Developments: Numerous undeveloped oceanfront parcels exists in southern St. Lucie County, but many of these properties are now proposed for development. Table 2 and Figure 1 identify proposed developments south of Sand Dollar Shores - as identified by the County's Growth Management Department. The oceanfront lands north of Sand Dollar Shores are comprised of undeveloped parcels, public parks and the FP&L Plant. Sand Sources: In January 2007, the County secured a one-year contract with prospective sand suppliers/contractors for potential future emergency restoration of dunes in the County; the County also obtained FDEP acceptance of these sand sources as suitable for placement on the beach and dune. Sand is available from CKA, and Dickerson per the unit cost identified in Table 3. In the spring of 2007, to complete emergency dune restoration, sand was placed at Sand Dollar Shores via the County's contract with CKA & Associates to restore dunes. Table 3 summarizes the unit costs under the County's contracts with various sand suppliers for the Study Area. It is anticipated that future dune restoration along south County beaches would be performed under these existing contracts - as may be extended. These unit costs are the basis of probable costs cited below. Potential Future Dune Restoration - Design & Probable Costs: Average beach and dune sand volume losses in the Study Area from 1972 to 2006 correspond to about 17 cubic yards per foot of shoreline (cy/ft) or about 0.5 cubic yards per foot of shoreline per year (cy/ftJyr). It is reasonable to assume that over the long term, to maintain the dune, on average, about 0.5 cy/ft/yr will be required. T 2 N D S b r S d D II Sb &E rAIA able : ew eve ODments - out 0 an o ar ores ast 0 Parcel Size Project Name (acres) DescriDtion Ocean Bay Villas 3.82 78 units/ multi-familv residential Tesoro Beach Club 14.91 100 unit condominium wI 7,700 SF clubhouse Trillium 1.72 6-unit 2-building multi-family Diamond Sands 50.83 45 lot, single-family subdivision Ocean Cay 1.04 Multi-Family - 9 units Villa Mare 1.14 Three 3-story building. 9 units fka Jensens Seaside Villas Windmill Village by the Sea 3.56 33 dwelling units in one structure €) COASTAL TECH mASTAL . ENVIRONMENTAL . ClVlL . ENGINEERING AND PLANNING Memo January 3, 2008 Page 4 of? L8gend DeveloplTHlnt Projects D Approved I' .··'1 Pending N A -;.;¡:;' /':i..'.~ /..,;......,:i"!I ~------ Map ~ NoMml:t9r 14, 2007 \, ~ ~ ~ '\ 9, ~ '\ ~\ <I1IIIr"lCCM! Figure 1: New Developments - South of Sand Dollar Shores As identified above (see "Existing Dune Conditions"), the constructed dune crest has not yet significantly eroded. The amount of fill needed in the future to restore dunes depends upon the extent of future erosion that prompts dune restoration. For purposes of determining probable costs, a minimum fill quantity and a maximum fill quantity are estimated for alternative segments of dune restoration as described below. e COASTAL TECH COASTAL . ENVlRONMENTAL . GlIAL . ENGII'ÆERING AND PLANNING Memo January 3, 2008 Page 4 of7 Legend Development Projects DAI>l>'O'~d D Pending N A . "'''' ~/..1p pnepaf'lfd NovemCEo" ~4. 20«7 ~ 0-. % "i <j. ç, "6 'b ~ '\ " o b '10 "!f~ Mil"i rkil ~IQ('lWll' ~Ùó! Vii.. ~,^",á'TlIl""'I.Il'o·l!ese2 :<.'1l1l!r's:::o.'t Figure 1: New Developments - South of Sand Dollar Shores As identified above (see "Existing Dune Conditions"), the constructed dune crest has not yet significantly eroded. The amount of fill needed in the future to restore dunes depends upon the extent of future erosion that prompts dune restoration. For purposes of determining probable costs, a minimum fill quantity and a maximum fill quantity are estimated for alternative segments of dune restoration as described below. t;) COASTAL TECH COASTAL . ENVIRONMENTAL . CIVIL . ENGINEERING AND PLANNING Memo January 3, 2008 Page 5 of? TbI3U'C f D R . S hS L . C a e : mt osts or une estoration ID out t. uCle ountv Item Description Quantity CKA & Assoc. & Patco Dickerson Florida # Provide Sand < 50,000 tons $8.40 ¡per ton $7,63 lperton I Provide Sand 50,000 or> $8.40 Iperton $7,63 Iperton 2 Transport & Deliver Per Work Order $5.34 Iperton $6.30 Iper ton Sand 3 Place & Grade Number of Days n Days 2 Days 3a Mobilization & Per Work Order $10,166,00 Lump Sum $8,000,00 Lump Sum Demobilization 3b Place & Grade Sand Per Work Order $4,64 ¡per ton $5.35 ¡per ton 4 Site Restoration ----- ------------------------- ------------------ -------------------- --------------------------- 4a Walton Rocks Per Work Order $3,500.00 Lump Sum $15,000,00 Lump Sum ------- ------------------------ -------------------- ------------------------ ------------------------------- 4b Ocean Bay Pcr Work Order $3,500.00 Lump Sum $15,000.00 Lump Sum ---~--- ----------------------------- ------------------------- ---------------------------- ----------------------------------- 4c Herman's Bay Pcr Work Order $3,500.00 Lump Sum $15,000.00 Lump Sum ----- ---------...-----.------------ -----------------------. -----..-....--.-..- -------------------------------- 4d Normandy Per Work Order $3,500.00 Lump Sum $15,000,00 Lump Sum ----- -------------------------- ---------------------- -----~..~~---------- ---------------------_._-~-~~~.~~ 4e Dollman Per Work Order $3,500,00 Lump Sum $15,000,00 Lump Sum Sand Removal, Screening & < 5,000 tons $8,00 /ton $12,00 Itun 5 Placement Sand Removal. Screening & > 5,000 tons $8.00 Iton $10,70 Iton Placement Potential Future Dune Restoration - Design & Probable Costs: Average beach and dune sand volume losses in the Study Area from 1972 to 2006 correspond to about 17 cubic yards per foot of shoreline (cy/ft) or about 0.5 cubic yards per foot of shoreline per year (cy/fúyr). It is reasonable to assume that over the long term, to maintain the dune, on average, about 0.5 cy/fúyr will be required. As identified above (see "Existing Dune Conditions"), the constructed dune crest has not yet significantly eroded. The amount of fill needed in the future to restore dunes depends upon the extent of future erosion that prompts dune restoration. For purposes of determining probable costs, a minimum fill quantity and a maximum fill quantity are estimated for alternative segments of dune restoration. As a possible minimum threshold for a recurring dune maintenance project, a potential future dune restoration project might occur after 50% or more (on average) of the constructed dune crest width has eroded. In this scenario, where the dune was previously restored at buildings, the minimum needed fill density to restore the dune is estimated at 50% of the fill density required to restore the dunes at Sand Dollar Shores (o::.2.7cy/ft). On the other hand, if the dune is restored in areas not previously restored, the minimum needed fill density to restore the dune is estimated at 100% of the fill density required to restore the dunes at Sand Dollar Shores (o::.5.4cy/ft). It is feasible that the dune may not be restored until after a major storm event with impacts similar to those that occurred during the hurricanes of 2004. For the purpose of identifying potential maximum fill quantities to restore dunes, it's assumed that the maximum fill density is that associated with the Z005 project (0::.1 O.4cy/ft). i) COASTAL TEC" COASTAL . ENVIRONMENTAL . ClVlL . ENGINEERING AND PLANNING Memo January 3, 2008 Page 6 of 7 Table 4 summarizes the minimum and maximum probable construction costs to restore dunes for alternative Project Areas. Alternative 1 and 2 would provide for dune restoration only at buildings where dunes were previously restored; the "Minimum Fill" estimate for Alternative 1 is based upon the crest width losses as measured on November 12th; the "Minimum Fill" estimate for Alternative 2 is based upon crest width losses at a potential "50% threshold". Alternative 3 encompasses all the shoreline from the Sand Dollar Shores Condominium to the Martin County line. Alternative 4 encompasses all the shoreline in the Study Area from north (at R-77) of the FP&L Plant to the Martin County line. Table 4: Alternative Project Areas with Minimum & Maximum Fill Quantities and Probable Construction Costs Minimum Fill Maximum Fill .----------1"'---- ---- -----. -----------..--------------- Alternative Dune Restoration Shoreline Volume : Probable Volume Probable Project Area Description Length (ft) (cv) Cost (cy) Cost 1 Now - at Buildings - Sand Dollar to south 17,530 5,392 , $117,000 182.898 $4,731,000 2 at threshold - at Buildings - Sand Dollar to south 17,530 46,893 $1,231,000 182,898 $4,731,000 3 all shoreline - Sand Dollar to south 27,325 99,296 : $2,580.000 285,093 : $7,361,000 4 Study Area 38,422 158,665 : $4,114,000 400,873 : $10,347,000 Note: The above costs do not melude potenual biologIcal/physICal momtonng costs that may be reqUIred by a FDEP pennlt. Efforts by Other Counties: In general, our experience has been that local governments have not restored dunes on private property except (a) in emergencies after extreme storm events, or (b) where restoration costs are provided by the upland property owners, FOEP or FEMA. The following summarizes efforts to maintain dunes on private properties in other counties based upon our discussions with county staff. As identified by James Gray, Coastal Engineer for Indian River County: . In February 2004, Indian River County contracted to restore dunes at the Bay tree and Marbrisa condominiums and at the County's Seagrape Trail beach access. The County contributed $50,000 from available FOEP funds for restoration of dunes at the beach access and for the overall project; the balance of costs were paid by the condominiums. · After the hurricanes of September 2004, Indian River County contributed to the cost of dune restoration on private properties throughout much of the County; the County paid 10% of project costs as the local share; the remaining 90% was paid from a combination of FEMA and FOEP funds. · In the spring of 2006, Indian River County contracted to restore dunes at the private community of Johns Island; the project was funded with about 50% from Johns Island with a matching share from the County as available from FOEP post-hurricane recovery funds. · Indian River County is currently planning to restore dunes at Baytree/Marbrisa condominiums, other private properties, and adjacent County parcels - with the local share of costs to be paid by the upland property owner and the balance of costs to be provided by FOEP funds. · Indian River County's Beach Preservation Plan (BPP) identifies a "dune maintenance" program for several segments of County beaches - This document is still not finalized because of the funding issues but, the basic BPP has in it as a public benefit. €) COASTAL TECH COASTAL . ENVIRONMENTAL . CIVlL . ENGINEERING AND PLANNING Memo January 3, 2008 Page 7 of7 As identified by Virginia Barker, Beach Management Coordinator, for the Brevard County Department of Natural Resources: · Brevard County has restored dunes on private property, but, only in an emergency situation. · In 2005 (post 2004 storms), Brevard County actually contributed more than $5 million dollars over what the FDEP and FEMA paid for dune restoration. The Board of County Commissioners (BCC) figured that folks on the barrier island pay more in taxes than the value of services they receive, there was justification for the expenditure. · Brevard County is currently waiting to hear back from FEMA if erosion attributed to Tropical Storm Noel is considered an emergency. · Brevard County also needs to address their south County beaches and long-term dune maintenance, but, since there is no money for that right now, on December 13th, the BCC is expected to decide what they want to do and how they will come up with a funding source. MSBU & Funding: Via Work Authorization No.9, Coastal Tech is authorized to determine the distribution of benefits and costs for the potential dune restoration to determine appropriate assessments and a proposed "assessment roll" based upon: (a) updated property value data for parcels east of SR AlA - to be provided by the County - expected the week of November 26th, (b) probable costs identified by Coastal Tech, and (c) the distribution of benefits as identified in the report titled "South St. Lucie County Emergency Dune Restoration Project Municipal Services Benefit Unit Development - Benefit Analysis and Economic Analysis" by Coastal Planning and Engineering and Dr. William Stronge dated March 2006, and (d) available funding from other sources including the County, FDEP, FEMA or other sources identified by the County. At such time that the County may elect to proceed with dune restoration, Coastal Tech will provide a draft assessment roll. Coastal Tech will subsequently organize and conduct a kick- off charette or public meeting to describe the dune restoration project, present preliminary project costs and outline potential assessment approaches to fund the dune project. Following the charette, Coastal Tech will prepare a dune project funding plan, including specific assessments necessary to support the project. In coordination with the County, Coastal Tech will organize a public workshop to present the assessment methodology, provide updated project costs, and layout the specific property assessments. e COASTAL TECH COASTAL . ENVIRONMENTAL . CIVIL . ENGINEERING AND PLANNING , " AGENDA REQUEST ITEM NO.: 21 Date: January 22, 2008 . COUNTY' F LOR IDA' .. REGULAR [ ] PUBLIC HEARING [] CONSENT [ X ] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: ~ SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 Roberta Breene Grants Resource Developer SUBJECT: Artificial Reef Grant Program: Approval to submit an artificial reef construction funding application for $10,000 under the FishAmerica Foundation Conservation Grant program. BACKGROUND: The Fish America Foundation is accepting grant applications for 2008. The maximum award amount is $10,000. The grant will help fund the cost of deploying donated reef materials, most likely two donated barges, to the Offshore Artificial Reef site. These deployments are consistent with FWC's recommendation to increase the profile and vertical complexity of the site, and consistent with an environmental goal of diverting materials from landfill or other disposal. It is anticipated that, later in the year, 10 barges of additional donated concrete materials will be placed on top of the proposed deployment. FUNDS: There is no required match for these funds. However, the County will provide in-kind managemenVoversight services and will provide the cost of the pre- and post-deployment dives. The $9,085 cost of the pre- and post deployment dives will be paid for from Account No. 184-3710- 563005-39003, Erosion Operation Fund Conservation - Artificial Reefs. PREVIOUS ACTION:' On November 22, 2005, the BOCC approved the selection of Dr. Lee E. Harris as an Artificial Reef Consultant. On June 3, 2007, the BOCC accepted the donation of two derelict barges as artificial reef material. RECOMMENDATION: Staff recommends Erosion District Board approval to submit a grant application in the amount of $10,000 to the FishAmerica Foundation to assist in the deployment of reef materials to the Offshore Artificial Reef. COMMISSION ACTION: [}oJ APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: J Douglas Anderson County Administrator Approved 5-0 ~ß/ [x]County Attorney [x]Originating Dept. Public WOrkS~ [x]Management & Budget [x]Budget Rev, Coord, BPrl;'\ '1 ,...... [x]Marine Resource CoordinaløF' :f. "c::.; [x]FinanceDept. ßPtt\ " , To: From: Date: Subject: Board of County Commissioners Roberta Breene ßAß January 9, 2008 BOCC Meeting January 22, 2008 - Erosion Control C-2 FishAmerica Foundation Grant Application - Artificial Reef Construction Background Information The Fish America Foundation is accepting grant applications for 2008. The maximum award amount is $10,000. There is no required match for these funds. The grant will help fund the cost of deploying donated reef materials, most likely two donated barges, to the Offshore Artificial Reef site. These deployments are consistent with Fish and Wildlife Commission's (FWC) recommendation to increase the profile and vertical complexity of the site, and consistent with an environmental goal of diverting materials from landfill or other disposal. It is anticipated that, later in the year, 10 barges of additional donated concrete materials will be placed on top of the proposed deployment. An artificial reef is any man-made object placed in the sea as habitat for marine organisms. Sea life is drawn like a magnet to any large object in the otherwise featureless bottom sand. The objective is to restore hard structure reef habitat, which, once established, produce excellent catches of fish for anglers and provide underwater attractions for scuba divers, reef divers and snorkelers. Artificial reefs will increase fishing habitat in the region, create additional fishing opportunities, and reduce fishing pressure on natural reef systems. The permitted artificial reef site also has natural hard bottom reef communities which have become covered by sediments from nearby inlets. Many area divers confirm that these sediments tend to migrate over the ocean floor and periodically cover natural hard bottom habitats. When this occurs, habitat is degraded or lost, and fish species seek other habitats. Creation, restoration and maintenance of these habitats are essential to the socio-economic needs of the region. This new hard bottom habitat will restore reef fish populations and reduce fishing harvest pressure on natural reefs and existing artificial reefs by dispersing fishing effort. There is a need to restore the total area of degraded or lost hardbottom habitat in the general vicinity. However, in compliance with the permit, we will not deploy any materials directly onto existing natural hardbottom reef. The County will contribute to the project by providing in-kind management/oversight services and will provide the $9,085 cost of the pre- and post-deployment dives.