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Home My WebLink AboutAgenda Packet 04-01-2008COUNTY IAF L O R{ D April 1, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 03/31/2008 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS, GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 2dor to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. April 1, 2008 6:00 P.M BOARD OF COUNTY COMMISSIONERS www.co.st-lucle.fl.ug 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 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES 16- Approve the minutes from the March 25, 2008 meeting. 000 IV. PROCLAMATIONS PRESENTATIONS Resolution No. 08-117 — Proclaiming the month of April, 2008, as "Water Conservation Month" in St. Lucie County, Florida — Consider staff recommendation to adopt the attached Resolution No. 08-117 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA 4com (Yl ll) C;LrC� �-� �2 WARRANTS Approve warrant list No. 26 4,5 B. COUNTY ATTORNEY 1. Request permission to Advertise — Notice of Public Hearing — Petition to abandon 5-feet of a 60- foot Drainage Easement — Holiday Pines — Lot 520 — Mr. And Mrs. Brann — Consider staff recommendation to advertise a Public Hearing to be held on May 6, 2008 at 6 p.m. or soon thereafter as soon as possible. 2. Donation of Right -of -Way — Chem -Tex Supply Corp./Allied New Technologies — 10 feet on Range Line Road — Resolution No. 08-114 — Consider staff recommendation to accept the Right -of -Way Deed, authorize the Chairman to sign Resolution No. 08-114 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. ECONOMIC DEVELOPMENT Approval of the Letter of Intent and the Job Growth Investment Grant between St. Lucie County and Oxford Management Services (OMS) — Consider staff recommendation to approve the Letter of Intent and development of the Growth Investment Grant Agreement and authorize the Chairman to sign the Agreement. D. ENVIRONMENTAL RESOURCES 1. Authorize Budget Resolution #08-079 to set up a grant account for the St. Lucie River Exhibit at the Oxbow Eco-Center. The Budget Resolution includes a $60,000 grant funding from the St. Lucie River Issues Team and a $60,000 general revenue matching funds previously approved by the Board — Consider staff recommendation to approve Budget Resolution #08-079 to set up a grant for the St. Lucie River exhibit at the Oxbow Eco-Center. 2. Strategic Planning 2008 - Authorization to cancel Contract No. 03-02-235 - Purchase Order No. P2711186 with Hazen and Sawyer Engineers for design of the lecture hall at the Oxbow Eco- Center — Consider staff recommendation to authorize the cancellation of Contract No. 03-02- 235/Purchase Order No. P2711186 with Hazen and Sawyer Engineers for design of the lecture hall at the Oxbow Eco-Center. E. PURCHASING 1. Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with the Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design for concrete, culvert and asphalt installation — Consider staff recommendation to approve the Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with the Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design extending the contracts through March 31, 2009, and permission for the Chairman to sign the amendments as prepared by the County Attorney. 2. Fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc., for the purchase of shell rock material and FDOT base coquina rock — Consider staff recommendation approve the fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc., extending the term through June 30, 2008, and permission for the Chairman to sign the amendments as prepared by the County Attorney. 3. Revoke award of Bid No. 07-102 to David's Auto Detailing and First Amendment to Contract C07- 11-704 with Rocket Car Wash, Inc. — Consider staff recommendation to revoke the award of Bid No. 07-102 to David's Auto Detailing, approve the First Amendment to Contract C07-11-704 with Rocket Car Wash, Inc., and authorize the Chairman to sign the amendment as prepared by the County Attorney. 4. Advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects — Consider staff recommendation to approve to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. F. AIRPORT Request that the Board approve Change Order No. 1 for Custom Built Marine Construction, Inc., reducing the original contract cost amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time, which is due for completion in April 17, 2008, for the Phase III Security Fencing construction project at the St. Lucie County International Airport — Consider staff recommendation to approve Change Order No. 1 for Custom Built Marine Construction, Inc., reducing the original contract amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time, for the Phase III Security Fencing construction project at the St. Lucie County International Airport and authorize Chair or designee to execute same. G. PUBLIC WORKS Wwourd !--�.a C�rOur�d..p � ( 1. Engineering Division - Waterstone —Agreement with Port Richey Village Investment, LLC for ,)Traffic Signal Contribution — Consider staff recommendation to approve the proposed Agreement for Traffic Signal Contribution with the Port Richey Village Investment, LLC and authorize the �w Chairman to sign. 2. Engineering Division - Third Amendment to Work Authorization No. 3 with Hazen and Sawyer Engineering for Surveying Services for Platt's Creek Stormwater Facility — Consider staff recommendation to approve and authorize the Chairman to sign the Third Amendment to Work Authorization No. 3 with Hazen and Sawyer Engineering for Surveying Services for Platt's Creek Mitigation Area and Stormwater Management Facilities in the amount of $1,900.00. 3. Engineering Division - Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design — Consider staff recommendation to the Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for post design and construction services, as well as fuel storage tank permit application for Indian River Estates Phase I Design Update in the amount of $27,700.00 and authorize the Chairman to sign. 4. Engineering Division - Change Order No. 9 to the contract with Dickerson Florida, Inc., in the amount of $182,175.25 for SR 615/S. 251h Roadway Widening (Midway Road —Edwards Road). This change order includes modifying project quantities, revisions to the Bell Avenue plans to add signalization, complete the new Ft. Pierce Central High School driveways, and revisions to the irrigation and landscaping plans to reduce maintenance by incorporating Xeriscape methods. This change order will also provide 244 additional days to the contract compensating the contractor for delays beyond their control — Consider staff recommendation to approve Change Order No. 9 to the contract with Dickerson Florida, Inc., for SR 615/S. 251h Roadway Widening (Midway Road —Edwards Road), in the amount of $182,175.25, and authorization for the Chairman to sign. 5. Engineering Division - Emergency IPA ANX-51 (Hurricane Frances) with Florida Department of Transportation for Repair to the first mile of Indian River Drive. Release of unneeded funds to FDOT — Consider staff recommendation to approve the release of $607,339, which is unneeded on Emergency IPA ANX-51 with Florida Department of Transportation, and signature by the Chairman. H. INVESTMENT FOR THE FUTURE Public Works Engineering Division - Approve Change Order No. 3 in the amount of ($18,815.03) for the Prima Vista Boulevard Reconstruction — Rio Mar Drive to US 1 to make adjustments to the plan quantities. Also, the final contract completion date is being extended from December 16, 2007 to May 31, 2008 to be able to pay the final invoice — Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 3 in the amount of ($18,815.03) for the Prima Vista Boulevard Reconstruction — Rio Mar to US 1 project. I. GROWTH MANAGEMENT Request of Acorn Development, to record a Final Record Plat for the project known as Queens Island Preserve, consisting of the development of 16 Single -Family Lots on 26.44 acres located approximately 3 miles north of the Fort Pierce Inlet State Recreation Area — Consider staff recommendation to approve the final plat of Queens Island Preserve and authorize staff to proceed with its final execution, with the following conditions: 1) Final Plat shall not be recorded in the public records of St. Lucie County until the required subdivision Improvement Agreement and surety have been provided to the County for BOCC acceptance and approval and 2) Final Plat shall not be recorded in the public records of St. Lucie County until the County Surveyor or his designees have completed the field verification of the required survey markers. Required survey markers shall include all lot corners. The developer will be allowed the option of bonding the cost of setting the lot corners within the proposed subdivision. J. ADMINISTRATION 1. Tourist Development Council — Consider staff recommendation to ratify Commissioner Smith's appointment of Chris Taylor on the Tourist Development Council. 2. Housing Finance Authority — Consider staff recommendation to ratify Commissioner Smith's appointment of Toby Philpart on the Housing Finance Authority. END OF CONSENT AGENDA REGULAR AGENDA VII. PUBLIC HEARINGS A. l,tron& PUBLIC WORKS Code Compliance Division - Request of the Board of County Commissioners give permission to demolish a fire damaged structure at 3305 Avenue L in Fort Pierce, which has been found by the Building official to be more than 50% damaged and is unsafe and constitutes a nuisance — Consider staff recommendation to determine the structure is unsafe and determine of the structure is not taken down and properly cleaned by May 1, 2008, the Board give the Code Enforcement Department permission to proceed to contact L.E.B. Demolition Company, as they were the lowest bidder at $12,100.00, to demolish the structure and clean the property of all junk, trash and debris and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. B. COUNTY ATTORNEY MtD� ZY1-E U CO n Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code -Revise C r( r i� Guidelines for the Siting of Wireless Telecommunications Towers and Antennas — Consider staff _J recommendation to adopt Ordinance No. 08-008 andauthorize the Chairman to sign the n Ordinance. U—fJ+ I na.q 2c7 e L9 Q • n-r . Os S oA , Fran AF PIIRI TC HFARTNrC �1GK� REGULAR AGENDA VIII. GROWTH MANAGEMENT (�,r Request of Port Richey Village Investments, LLC for Phase Two Plat approval for the project known as Waterstone — PUD. The project is located on the east side of Emerson Avenue, LLL), ( S approximately 1,000 feet north of Indrio Road — Consider staff recommendation to approve the 1.1 l.X Phase T�orPlat for the subdivision known as Waterstone — PUD and authorize its execution. IX. ANNOUNCEMENTS lJ 1. The Second Annual With Out Walls Sculpture Exhibition opening will be on Friday, April 4, 2008 at 5:30 p.m. and the symposium and bus tour on Saturday, April 5 from 10:00 a.m. to 5:00 p.m. held at Ft. Pierce City Hall for more information call 462-1767. 2. SLC Parks & Recreation and the Northside Bat & Ball Club will be hosting a Lincoln Park Community Awareness Day in conjunction with the re -opening of the Ilous Ellis Basketball Courts, Saturday, April 5th from 10:00 a.m. to 3:00 p.m. at the Lincoln Park Community Center. 3. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 4. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 11, 2008, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. This year's theme is "Green and Blue," and focuses on sustaining St. Lucie County's natural resources with regard to the Agricultural industry. After the tour, participants will be invited to enjoy a complimentary lunch and tour of the USDA facility during the USDA's Open House event. For more information or to reserve your seat by March 28th, contact the Extension office at 462-1660. S. The Oxbow Eco-Center will hold its "Living Green" Earth Day Festival on April 19th from 10:00 am until 3:00 pm at 5400 N.E. St. James Drive, Port St. Lucie. 6. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. 7. The Master Gardener Spring into Gardening Festival will be held on Saturday April 26 from 8- 2pm. As well as plants for sale from our nursery there will also be some local vendors selling their products too. We will have a fashion show at 11.30 am and the Taste of the Tropics at 12.30 pm where you can sample fruits you may have never tried before! The sale will be held at the Extension office; 8400 Picos Road, Fort Pierce. Call 772-462-1660 for additional information. 8. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on budget issues on Tuesday, May 13, 2008 at 2:00 p.m. in the County Commission Chambers. Oja�A�-R,3 .' 0 4:z, 6AL— % • WL�JGLY -� -tom c:i-k5Q i ,vG,!�5 �_ a_� jnv1 c. Sck. 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. April 1, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 03/31/2008 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. April 1, 2008 6:00 P.M BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us 3oseph 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 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 25, 2008 meeting. IV. PROCLAMATIONS/PRESENTATIONS Resolution No. 08-117 — Proclaiming the month of April, 2008, as "Water Conservation Month' in St. Lucie County, Florida — Consider staff recommendation to adopt the attached Resolution No. 08-117 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 26 B. COUNTY ATTORNEY 1. Request permission to Advertise — Notice of Public Hearing — Petition to abandon 5-feet of a 60- foot Drainage Easement — Holiday Pines — Lot 520 — Mr. And Mrs. Brann — Consider staff recommendation to advertise a Public Hearing to be held on May 6, 2008 at 6 p.m. or soon thereafter as soon as possible. 2. Donation of Right -of -Way — Chem -Tex Supply Corp./Allied New Technologies — 10 feet on Range Line Road — Resolution No. 08-114 — Consider staff recommendation to accept the Right -of -Way Deed, authorize the Chairman to sign Resolution No. 08-114 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. ECONOMIC DEVELOPMENT Approval of the Letter of Intent and the Job Growth Investment Grant between St. Lucie County and Oxford Management Services (OMS) — Consider staff recommendation to approve the Letter of Intent and development of the Growth Investment Grant Agreement and authorize the Chairman to sign the Agreement. D. ENVIRONMENTAL RESOURCES 1. Authorize Budget Resolution #08-079 to set up a grant account for the St. Lucie River Exhibit at the Oxbow Eco-Center. The Budget Resolution includes a $60,000 grant funding from the St. Lucie River Issues Team and a $60,000 general revenue matching funds previously approved by the Board — Consider staff recommendation to approve Budget Resolution #08-079 to set up a grant for the St. Lucie River exhibit at the Oxbow Eco-Center. 2. Strategic Planning 2008 - Authorization to cancel Contract No. 03-02-235 - Purchase Order No. P2711186 with Hazen and Sawyer Engineers for design of the lecture hall at the Oxbow Eco- Center — Consider staff recommendation to authorize the cancellation of Contract No. 03-02- 235/Purchase Order No. P2711186 with Hazen and Sawyer Engineers for design of the lecture hall at the Oxbow Eco-Center. E. PURCHASING 1. Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with the Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design for concrete, culvert and asphalt installation — Consider staff recommendation to approve the Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with the Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design extending the contracts through March 31, 2009, and permission for the Chairman to sign the amendments as prepared by the County Attorney. 2. Fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc., for the purchase of shell rock material and FDOT base coquina rock — Consider staff recommendation approve the fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc., extending the term through June 30, 2008, and permission for the Chairman to sign the amendments as prepared by the County Attorney. 3. Revoke award of Bid No. 07-102 to David's Auto Detailing and First Amendment to Contract C07- 11-704 with Rocket Car Wash, Inc. — Consider staff recommendation to revoke the award of Bid No. 07-102 to David's Auto Detailing, approve the First Amendment to Contract C07-11-704 with Rocket Car Wash, Inc., and authorize the Chairman to sign the amendment as prepared by the County Attorney. 4. Advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects — Consider staff recommendation to approve to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. F. AIRPORT Request that the Board approve Change Order No. 1 for Custom Built Marine Construction, Inc., reducing the original contract cost amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time, which is due for completion in April 17, 2008, for the Phase III Security Fencing construction project at the St. Lucie County International Airport — Consider staff recommendation to approve Change Order No. 1 for Custom Built Marine Construction, Inc., reducing the original contract amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time, for the Phase III Security Fencing construction project at the St. Lucie County International Airport and authorize Chair or designee to execute same. G. PUBLIC WORKS 1. Engineering Ai ion - Waterstone — Agreement with Port Richey Village Investment, LLC for Traffic Signal Contribution — Consider staff recommendation to approve the proposed Agreement for Traffic Signal Contribution with the Port Richey Village Investment, LLC and authorize the Chairman to sign. 2. Engineering Division - Third Amendment to Work Authorization No. 3 with Hazen and Sawyer Engineering for Surveying Services for Platt's Creek Stormwater Facility — Consider staff recommendation to approve and authorize the Chairman to sign the Third Amendment to Work Authorization No. 3 with Hazen and Sawyer Engineering for Surveying Services for Platt's Creek Mitigation Area and Stormwater Management Facilities in the amount of $1,900.00. 3. Engineering Division - Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design — Consider staff recommendation to the Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for post design and construction services, as well as fuel storage tank permit application for Indian River Estates Phase I Design Update in the amount of $27,700.00 and authorize the Chairman to sign. 4. Engineering Division - Change Order No. 9 to the contract with Dickerson Florida, Inc., in the amount of $182,175.25 for SR 615/S. 25th Roadway Widening (Midway Road —Edwards Road). This change order includes modifying project quantities, revisions to the Bell Avenue plans to add signalization, complete the new Ft. Pierce Central High School driveways, and revisions to the irrigation and landscaping plans to reduce maintenance by incorporating Xeriscape methods. This change order will also provide 244 additional days to the contract compensating the contractor for delays beyond their control — Consider staff recommendation to approve Change Order No. 9 to the contract with Dickerson Florida, Inc., for SR 615/S. 25`h Roadway Widening (Midway Road —Edwards Road), in the amount of $182,175.25, and authorization for the Chairman to sign. S. Engineering Division - Emergency JPA ANX-51 (Hurricane Frances) with Florida Department of Transportation for Repair to the first mile of Indian River Drive. Release of unneeded funds to FDOT — Consider staff recommendation to approve the release of $607,339, which is unneeded on Emergency JPA ANX-51 with Florida Department of Transportation, and signature by the Chairman. H. INVESTMENT FOR THE FUTURE Public Works Engineering Division - Approve Change Order No. 3 in the amount of ($18,815.03) for the Prima Vista Boulevard Reconstruction — Rio Mar Drive to US 1 to make adjustments to the plan quantities. Also, the final contract completion date is being extended from December 16, 2007 to May 31, 2008 to be able to pay the final invoice — Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 3 in the amount of ($18,815.03) for the Prima Vista Boulevard Reconstruction — Rio Mar to US 1 project. I. GROWTH MANAGEMENT Request of Acorn Development, to record a Final Record Plat for the project known as Queens Island Preserve, consisting of the development of 16 Single -Family Lots on 26.44 acres located approximately 3 miles north of the Fort Pierce Inlet State Recreation Area — Consider staff recommendation to approve the final plat of Queens Island Preserve and authorize staff to proceed with its final execution, with the following conditions: 1) Final Plat shall not be recorded in the public records of St. Lucie County until the required subdivision Improvement Agreement and surety have been provided to the County for BOCC acceptance and approval and 2) Final Plat shall not be recorded in the public records of St. Lucie County until the County Surveyor or his designees have completed the field verification of the required survey markers. Required survey markers shall include all lot corners. The developer will be allowed the option of bonding the cost of setting the lot corners within the proposed subdivision. J. ADMINISTRATION 1. Tourist Development Council — Consider staff recommendation to ratify Commissioner Smith's appointment of Chris Taylor on the Tourist Development Council. 2. Housing Finance Authority — Consider staff recommendation to ratify Commissioner Smith's appointment of Toby Philpart on the Housing Finance Authority. END OF CONSENT AGENDA REGULAR AGENDA VII. A. V Code Compliance Division - Request of the Board of County Commissioners give permission to demolish a fire damaged structure at 3305 Avenue L in Fort Pierce, which has been found by the Building official to be more than 50% damaged and is unsafe and constitutes a nuisance — Consider staff recommendation to determine the structure is unsafe and determine of the structure is not taken down and properly cleaned by May 1, 2008, the Board give the Code Enforcement Department permission to proceed to contact L.E.B. Demolition Company, as they were the lowest bidder at $12,100.00, to demolish the structure and clean the property of all j,unk, trash and debris and assess the entire cost of such demolition against the real property �Whichnstitute a lien payable to St. Lucie County. B. Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code - Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas — Consider staff recommendation to adopt Ord' ance No. 08-008 and authorize the Chairman to sign the Ordinance. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. GROWTH MANAQEIENT C�� Request of Port Richey Village Investments, LLC for Phase Two Plat approval for the project known as Waterstone — PUD. The project is located on the east side of Emerson Avenue, approximately 1,000 feet north of Indrio Road — Consider staff recommendation to approve the Phase Two Plat for the subdivision known as Waterstone — PUD and authorize its execution. IX. ANNOUNCEMENTS 1. The Second Annual With Out Walls Sculpture Exhibition opening will be on Friday, April 4, 2008 at 5:30 p.m. and the symposium and bus tour on Saturday, April 5 from 10:00 a.m. to 5:00 p.m. held at Ft. Pierce City Hall for more information call 462-1767. 2. SLC Parks & Recreation and the Northside Bat & Ball Club will be hosting a Lincoln Park Community Awareness Day in conjunction with the re -opening of the Ilous Ellis Basketball Courts, Saturday, April 5th from 10:00 a.m. to 3:00 p.m. at the Lincoln Park Community Center. 3. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 4. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 11, 2008, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. This year's theme is "Green and Blue," and focuses on sustaining St. Lucie County's natural resources with regard to the Agricultural industry. After the tour, participants will be invited to enjoy a complimentary lunch and tour of the USDA facility during the USDA's Open House event. For more information or to reserve your seat by March 28th, contact the Extension office at 462-1660. S. The Oxbow Eco-Center will hold its "Living Green" Earth Day Festival on April 19th from 10:00 am until 3:00 pm at 5400 N.E. St. James Drive, Port St. Lucie. 6. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. 7. The Master Gardener Spring into Gardening Festival will be held on Saturday April 26 from 8- 2pm. As well as plants for sale from our nursery there will also be some local vendors selling their products too. We will have a fashion show at 11.30 am and the Taste of the Tropics at 12.30 pm where you can sample fruits you may have never tried before! The sale will be held at the Extension office; 8400 Picos Road, Fort Pierce. Call 772-462-1660 for additional information. S. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on budget issues on Tuesday, May 13, 2008 at 2:00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. REGULAR AGENDA RA1. COUNTY ATTORNEY Additional funding request for the continued operation of the Juvenile Assessment Center — Consider staff recommendation to approve the transfer in the amount of $52,500.00 as set out to keep this worthwhile and cost effective program in operation and approval of Budget Amendment 08-019 authorizing the transfer of funds. 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: March 25, 2008 Convened: 9:00 a.m. Adjourned: 10:14 a.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Don West, Public Works Director, Diana Lewis, Airport Director, Debra Brisson, Parks and Recreation Director, Roger Shinn, Central Services Director, Sheriff Mascara, Millie Delgado -Feliciano, Deputy Clerk 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held March 18, 2008, and; upon roll call, motion carried unanimously. 4. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 08-101- A Resolution proclaiming the week of April 7, 2008 through April 12, 2008 as "Agricultural Awareness Week" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 08-101; and; upon roll call, motion carried unanimously. Commissioner Frannie Hutchinson was present to accept the proclamation. B. A presentation was made by the St. Lucie County Sheriff where he returned $87,915.80 to the County from the Weed and Seed program. C. Resolution No. 08-105- A Resolution proclaiming April 6, 2008 as "Parents and Children's Day" in St. Lucie County, Florida. It wasm oved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08- 105, and;upon roll call, motion carried unanimously. Ms. Jennifer Meade was present to accept the proclamation. D. Resolution No. 08-111- Proclaiming March 21, 2008 through March 30, 2008 as "The Fourth Annual Zora Fes! Harlem Renaissance Celebration; and further designating Saturday, March 29, 2008 as "Zora Heale Hurston Day" in St. Lucie County, Florida. It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 08- 111 and; upon roll call, motion carried unanimously. Ms. Brenda Cooper was present to accept the proclamation and advised the Board of the scheduled events. 1 5. GENERAL PUBLIC COMMENTS Mr. Bob Bangert, St. Lucie County resident, addressed the Board and stated the awareness of the Agricultural Impact in St. Lucie County should be year long. He also addresesd the Transfer of Development Rights program and the people of the county protecting our water sources. Mr. George Stonebreaker, Tilton Road resident, addressed the Board regarding the Lennard Road project and receiving a letter stating he was being asked to sign a convenant agreement. He advised the Board he felt there was not a need to do so and questioned why he was being charged for 40 EDUs if most of his acres were wetlands. The County Administrator directed Mr. Stonebreaker to meet with the County Engineers office concerning his questions and the letter. The Board would also be made aware of his concerns. 6. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda with item B-1 pulled prior to the meeting., and; upon roll call, motion carried unanimously. Com. Coward and Com. Craft commended and thanked staff for their grant funding efforts for items E 1-4. A. WARRANT LIST The Board approved Warrant List No. 25. B. COUNTY ATTORNEY This item was pulled. 2. Resolution No. 08-086 Environmental Advisory Committee Membership - The Board approved Resolution No. 08-086. 3. Revocable License Agreement — 7315 South Indian River Drive- Paul Nunn - The Board approved the Revocable License Agreement and authorized the Chairman to sign the Revocable License Agreement and directed Mr. Nunn to record the document in the Public Records of St. Lucie County, Florida. 4. Bear Point Mitigation Bank- Credit Reservation Agreement with Phillip and Anita Pearlman- The Baord approved the proposed Credit Reservation Agreement with Phillip and Anita Pearlman and authorized the Chiarmant to sign the agreement upon receipt of the originals from the Pearlmans. 5. Queens Island Preserve- Warranty Deed- Resolution No. 08-102- Conservation Easement Resolution No. 08-103- The Board accepted the Warrant Deed and the Conservation Easemenyt, authoirzed the Chairman to sign Resolution No. 08-102 and No. 08-103 and directed staff to record the document in the public records of St. Lucie County, Florida. 6. Ordinance No. 08-107- Road, Park and Public Buildimg Impact Fees- Permissionn to Advertise- The Board authorized advertising Ordinance No. 08-107. 7. First Amendment to Joint Participation Agrement with the FDOT for the Design and Construction of S. 251h Street Phase 1 Widening, and approvec Resoltuion No. 08-112- The Board approved Resolution No. 08-112 and the Pa 03/21/08 FZABWARR FUND TITLE 001 001164 001180 001183 001184 001190 001194 001195 001404 001407 001419 001420 001421 001424 001429 001814 101 101001 101002 101003 101004 101006 102 102001 102109 102804 105 107 107001 107002 107003 107005 107006 107204 107205 129 130 140 140001 140133 140329 140334 140335 150 160 170 183 183004 ST. LUCIE CO-- - BOARD WARRANT LIST #25- 15-MAR-2008 TO 21-MAR-2008 FUND SUMMARY General Fund USDOJ Violence Against Women Grant US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/Planning 2007 CDBG 07 FTA Sec 5307 - Buses 05/06 U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery Urban Community Forestry 05 FDCA-Construct County EOC TDC Planning Grant 07 Fl Commission for Transportation Di Dept of Financial Services My Safe Residential Construction Mitig. Pro Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80a Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Indian River Estates Stormwater Imp 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 -Legal Aid F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Construct Runway 9L/27R FDOT-Taylor Creek Restoration/Acqui Const. Apron & Environmental Mitiga Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court EXPENSES 666,915.77 20,451.97 8,186.66 401.74 114.11 93,255.00 5,343.73 3,488.33 38,393.60 18,960.00 13,423.22 17.68 28,620.90 2,418.75 16.40 106.49 3,488.51 74.68 21,363.01 5,177.23 5, 927.32 21,815.00 8,380.77 66,498.29 146, 912.81 6,000.95 107,126.53 129,151.96 15,082.23 31,389.85 26,459.83 8,254.35 35,349.07 543.37 141.22 4,160.00 156.55 15,218.24 152.62 65, 941.86 18,260.00 3,800.00 3,470.62 96.76 12,588.94 7,109.88 5,295.36 433.72 PAGE PAYROLL 693,347.38 0.00 0.00 4,607.31 1,678.81 0.00 0.00 1,439.07 0.00 0.00 0.00 237.87 0.00 0.00 218.56 1,391.91 44,554.14 976.30 44,690.23 34,090.45 19,593.32 0.00 95,808.53 6,159.86 0.00 0.00 0.00 154,086.85 1,081.20 2,128.40 0.00 0.00 8,488.00 1,507.10 692.00 0.00 2,112.80 16,125.85 0.00 0.00 0.00 0.00 0.00 1,264.80 3,576.12 0.00 1,340.13 5,903.42 1 03/21/08 FZABWARR, FUND TITLE 185006 189201 216 282 310002 310806 316 316001 318 39007 401 418 451 458 461 471 478 479 491 505 505001 611 625 630 665 801 ,) ST. LUCIE CO - BOARD WARRANT LIST #25- 15-MAR-2008 TO 21-MAR-2008 FUND SUMMARY FHFA SHIP FY05/06 FHFC Hurricane Housing Recovery Fla County Capital I&S Environmental Land I&S Fund Impact Fees -Parks FIND-S. Causeway Island Park Imp County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL EXPENSES 158.91 362.16 65.00 1,000.00 7,325.50 22,185.67 171,051.49 5, 601. 60 4,364.50 2,468.96 66,999.19 78,580.19 78,571.38 35.76 16,455.45 80,402.81 98.98 103.59 4,203.26 597,737.87 8,831.27 12,086.12 5,436.50 126,718.63 66.12 272,553.21 3,239,400.00 PAGE PAYROLL 2,166.40 4,216.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62,706.10 22,710.67 1,551.73 481.30 23,562.33 8,721.45 1,328.81 1,390.39 51,357.83 8,648.68 2,340.00 1,545.66 0.00 0.00 0.00 0.00 1,339,827.76 ON Frist Amendment to the Joint Participation Agreement with FDOT and authorized the Chiarman to sign. C. PARKS AND RECREATION Fairwinds Golf Course Business Changes- The Bord approved the recommendations herein described for the implementation of business changes at the Fariwinds Golf Course that would allow for additional revenue streams withouts raising current fees. D. HUMAN RESOURCES Prison Health Services Inmate Health Aggregate Cap and Psychotropic Drug Invoices - The Baord approved payment of PHS invoices in the amount of $167,767.66 per contract agreement. E. GRANTS Budget Resolution No. 08-083- amending the County's budget for funds of $6,600 received froma Florida Communities Trust grant acquisition of the Harbor Branch Preserve project- The Board approved Budget Resolution No. 08-083. 2. The Board approved the submittal fo a grant application to the FL Department of Environmental Protection, Upland Plant Management program for an amount not to exced $20,000 for the removal of exotic invasives from Spoil Island SL -3 in the Indian River Lagoon. 3. The Board approved the submittal of a grant funding application to the Florida Inland Navigation, District Waterways Assistance Program for an amount not to exceed $25,000 for engineering associated with implmenting a restroom at Stan Blum Boart Ramp and approved Resolution No. 08-109 . 4. The Board approved the grant funding application to the Florida Inland Navigation District Waterways Assistance Program for an amount not to exceed $45,000 for exotic plant species removal at Queens Island Preserve. F. PUBLIC WORKS Acceptance of Budget Resolution No.08-107- The Board iaccepted Budget Resoltuion No. 08-107 in the amount of $500,000 for SFWMD for Indian River Estates Storm Water Improvements. 2. Engineering Division- Change Order No. 1 and Final Amount- The Board approved Change Order No. 1 and Final Amount of $(187.00) accepted the project; released retainage in the amount of $24,629.20 and make Final Payment in the amount of $24,672.20. 3. Acceptance of Budget Resolution No. 08-106 in the amount of $54,500.00 — The Board accepted Budget Resolution No. 08-106 in the amount of $54,500.00 from SFWMD for White City Drainage Improvements. G. CENTRAL SERVICES Furniture for the New Clerk of Court Building- The Board approved EQ 08- 305,08-308,08-310 and increase EQ 07-349 by $1,396.00 furniture for the new Clerk of Court building and approved Budget Amendment No, BA 08- 017 in the amount of $9,157.00, 2. Dooleymack Constructors of South Fl. LLC Contract No. C07-04-195 — Havert L. Fenn Center- Chage Order No. 4- the Board approved Change Order No. 4 to C107-04-195 to increase the contract sum by $105,555.84 using available MSTU funds, the new contract sum will be $13,348,687.51 ke and authorized the Chairman to sigb the Change Order as prepared by the County Attorney. H. PURCHASING Fixed Asset Inventory Property Rcord Remvoal for the St. Lucie County Supervisor of Elections- The Board approved the removal of the records from the fixed asset inventory of the Board of County Commissioners. 2. Account Purchase Agreement with Office Products & Services Inc. (representing The HON/Allsteel & Gunlocke Companies- The Board approved the Account Purchase Agreement with Office Productss & Services from April 1, 2008 through March 31, 2009 as prepared by the County Attorney. I. ADMINISTRATION Letter of Intent- Treasure Coast Aircraft managemetn LLC- The Board approved sending the attached Letter of Intent to Treasure Coast Aircraft Management LLC. J. COMMUNITY SERVICES 1. Approval of the First amendment to Contract C07-01-021 between St. Lucie County, Cortex Townhomes, LLC and Greg R. Wexler to etend the completion date of the Cortez Townhomes affordable housing project to June 20, 2008- The Board approved the First Amendment to Contract C07-01-021. 2. Approval of revised program budget for St. Lycie County CDBG DRI Grant # 06-DB-3C-10-66-01-W32- The Board approved the revised program budget for the St. Lucie County CDBG DRI Grant and authorized the Chairman to sign. K. OFFICE OF MANAGEMENT AND BUDGET Approval of Budget Resolution No. 08-108 to correct fund number for the grant agreement between the Florida Department of Financial Servicew and St. Lucie County in the amount of $1,000,000,00 for the My Safe Home Program- The Board adopted Resoltuion No. 08-108. L. UTILITIES The Board approved the reclassification of Assistant Utilities Services Director for the Utilities Department to a Utility Field Services Coordinator. REGULAR AGENDA 7. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 08-111 Life Support Services- Consider staff recommendation to adopt Ordinance No. 08-011 and authorize the Chairman to sign. The Assistant County Attorney addressed the corrections regarding the effective date being inserted as May 1, 2008 and also the Class E helicopters not being intended to be part of the recommended providers. It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 08- 111 as amended, and; upon roll call, motion carried unanimously. C' B. COUNTY ATTORNEY Ordinance No. 08-005- Code Enforcement Procedures- Establishing the Penalty for Civil Citations- Consider staff recommendationn to adopt Ordinance No.08-005 and authorize the Chairman to sign. The Assistant County Attorney advised the Board of the penalties: ls` citation $200.00; 2"d citation $400.00; 3`d mandatory court appearance. It wa smoved by Com. Craft, seconded by Com. Grande, to approve Ordinance No. 08- 005, and; upon roll call, motion carried unanimously. 4110ILVATA Ism 1105:►: LTATUTH James Freitas request for a Conditional Use Permit for a free standing drinking placed (distilled alcoholic beverages) at 3401 S. US # 1 Ft. Pierce Florida- Consider staff recommendation to adopt Resolution No.08-007- approving a conditional use permit to operate a drinking place for distilled alcoholic beverages. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08- 007, and; upon roll call, motion carried unanimously. D. GROWTH MANAGEMENT Petition of Angle Road Investment Company for an amendment to the Official Zoning Atlas to change the Zoning from AG-1 to the PUD- project Miller Plantation - Draft Resolution No. 08-090- Staff recommends that this item be continued to a date certain at the request of the County Attorney to allow for time to continue to work with applicant in finalizing the Proportionate Fair Share Agreement. Mr. Jonathan Ferguson, firm of Ruden, McCloskey, representing the petitioner, addressed the Board and requested this item be continued for the April 1, 2008 meeting since all was in order and they ready to proceed. The County Attorney concurred with staffs recommendation of May 61h due to the fact he needed to review the fair share agreement and review the forms for the fair share he requested from other counties. This would be the first of such an agreement and would like for it to be completed properly. Ms. Donna Squires, President of Timberlake Estates, addressed the Board and requested the continuation be scheduled for May 8`h giving other residents in the area the opportunity to attend the meeting. Ms. Mary Lee, Timerlake Estates resident, addressed the Board and stated her main concern with the project was the traffic other issues which needed to be addressed, i.e. lighting, schools and school bus stops. He wished the Board to recognize that Timberlake Estates does exist and they have concerns. It was moved by Com. Grande, seconded by Com. Coward to continue this item on May 6, 2008 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. E. COMMUNITY SERVICES Consider staff recommendation to grant permission to advertise Modification Number 1 to revise program budget, scope of work and national objective for the St. Lucie County CDBG DRI Grant # 07DB-3V10-66-01-Z04 for April 8, 2008. 5 It ws the consensus of the Board to grant permission to advertise this item for April 8, 2008 at 9:00 a.m. or as soon thereafter as it may be heard. END OF PUBLIC HEARINGS 8. COUNTY ATTORNEY St. Lucie County Drug Screening Lab- Consider staff recommendation to the following: 1. development and implementation of the St. Lucie County Drug Lab; 2. approve the Agreement with Siemens/Dade Behring as sole source subject to review of the form of the Agreement by the County Attorney, 3. authorizing the hiring of lab technicians (1 full time and 2 part time (grant funded); 4. authorize the Drug Lab as the drug testing authority for County staff, and 5. authorize the establishment of a "change fund" in the amount of $500.00 for payments received by individuals undergoing drug screening. Mr. Mark Godwin from the County Attorney' s office addressed the Board on this item. Com. Coward and Com. Craft commended Mr. Godwin on his continued efforts to find ways to provide services to the county . It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation, and;upon roll call, motion carried unanimously. BOARD COMMENTS Com. Coward addressed the exotic species coming up on Indian River Drive and aksed staff to come up with ideas on how to deal with this issue. He addressed monies from the landfill not used for landscaping as originally intended and requested staff come back with recommendation how those monies could be utilized. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court Gei 03/28/08 FZABWARR _QD TITLE 001 001167 001176 001183 001184 001193 001195 001407 001412 001419 001420 001421 001424 001428 001429 001814 101 101001 101002 101003 101004 101006 102 .001 iu3 105 107 107001 107002 107003 107006 107204 107205 109 ill 112 113 114 115 116 117 118 119 120 121 122 123 126 ST. LUCIE COUNTY - BOARD WARRANT LIST #26- 22-MAR-2008 TO 28-MAR-2008 FUND SUMMARY General Fund FTA Section 5303 Grant FY 05 FTA Section 5303 F/Y06 Section 112/MPO/FHWA/Planning 2007 CDBG 07 FDCA SLC Buildings Wind Retrofit pr Community Services Block Grant Urban Community Forestry 05 CTD Medicaid Non-Emrg Grant FY 07 FDCA-Construct County EOC TDC Planning Grant 07 F1 Commission for Transportation Di Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro 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 Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Drug Abuse Fund River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting EXPENSES 2,003,351.38 57.63 25,000.00 758.95 330.72 55,201.50 862.29 27,160.00 44,376.00 3,264.09 132.06 4,035.60 2,522.27 445.23 21.52 274.20 10,147.75 192.34 36,877.71 33,612.29 7,580.99 111,267.56 43,610.34 44,896.72 8,479.24 987.47 314,784.36 1,363.19 411.57 119.78 16,795.74 606.50 136.32 35.00 2, 959.46 629.89 249.64 540.15 22.09 607.58 153.74 35.80 943.20 191.01 7.24 1,083.48 382.36 8.95 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 03/28/08 FZABWARR FUND TITLE 127 128 129 130 130204 136 138 139 140 140001 140341 140342 150 160 183 183001 183004 183006 184205 184210 185006 185007 189201 218 242 282 310002 316 316001 397 398 401 418 451 458 461 471 478 479 491 505 505001 611 625 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #26- 22-MAR-2008 TO 28-MAR-2008 FUND SUMMARY Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FDOT - Intermodal Facility Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Construction of Airport Rescue & Fi Construction of Access Road forARFF Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - SLC South Dune Restoration FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFC Hurricane Housing Recovery Pla Transportation-I&S Port I&S Fund Environmental Land I&S Fund Impact Fees -Parks County Capital 5th Cent Fuel -Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES PAGE PAYROLL 377.81 0.00 505.81 0.00 28,660.34 0.00 6,536.24 0.00 108.00 0.00 1,553.27 0.00 275.40 0.00 794.30 0.00 32,818.64 0.00 1,809.00 0.00 95,921.52 0.00 20,505.39 0.00 249.16 0.00 2,097.56 0.00 1,705.01 0.00 440.00 0.00 1,163.00 0.00 15,300.24 0.00 17,268.00 0.00 8,180.00 0.00 213.39 0.00 213.39 0.00 3,220.68 0.00 1,848.16 0.00 1,054.95 0.00 5,637.88 0.00 6,802.25 0.00 4,143.73 0.00 13,199.90 0.00 550.00 0.00 325.00 0.00 31,648.37 0.00 7,796.61 0.00 15,219.46 0.00 97.43 0.00 86,415.94 0.00 40,636.24 0.00 267.10 0.00 7,108.89 0.00 12,287.36 0.00 273,108.64 4,871.82 460.98 0.00 3,415.77 0.00 13,827.26 0.00 32,598.30 0.00 79,106.29 0.00 3,684,985.56. 4,871.82 2 AGENDA REQUEST ITEM NO. 4A DATE April 1, 2008 REGULAR [X] PUBLIC HEARING[ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-117 - Proclaiming the month of April, 2008, as "Water Conservation Month" in St. Lucie County, Florida. BACKGROUND: Gardenia Banks Long, Communication Outreach - Media Specialist, for the South Florida Water Management District, has requested that this Board proclaim the month of April, 2008, as "Water Conservation Month" in St. Lucie County, Florida. The attached Resolution No. 08-117 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 08-117 as drafted. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 11 County At7orney: Originating Dept 196ugle Anderson County Administrator Review and Approvals Management & Budget Purchasing Other Other Finance: (Check for Copy only, if applicable)_ If_. 5/96 RESOLUTION NO. 08-117 A RESOLUTION PROCLAIMING THE MONTH OF APRIL, 2008, AS "WATER CONSERVATION MONTH' IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Water is a basic and essential need of every living creature. 2. The State of Florida Water Management Districts and St. Lucie County Utilities Department are working together to increase awareness about the importance of water conservation; and acknowledges that water conservation is an effective and efficient method to preserve our water supplies and can be tailored to local conditions and water users. 3. The State of Florida has designated April 2008, (typically a dry month when water demands are most acute), as Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources. 4. St. Lucie County Utilities Department has always encouraged and supported water conservation, through various educational programs and special events. 5. Every business, industry, school and citizen can make a difference when it comes to conserving water, by saving water and thus promoting a healthy economy and community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of April, 2008, as "WATER CONSERVATION MONTH" in St. Lucie County, Florida. 2. The Board urges the citizens and businesses of St. Lucie County to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. PASSED AND DULY ADOPTED this 1st day of April, 2008. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 6111 DATE: April 1, 2008 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Request Permission to Advertise Notice of Public Hearing Petition to abandon 5-feet of a 60-foot Drainage Easement Holiday Pines - Lot 520 - Mr. & Mrs. Brann BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached Memorandum N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on May 6, 2008 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: [� APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: I' [ ] DENIED Review and Approvals [ ] Road and Bridge: D&g'I9p1M. Anderson County Administrator [ ] Public Works: [x] Originating Dept: '`wJL (] Engineering. [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: April 1, 2008 SUBJECT: Request Permission to Advertise - Notice of Public Hearing Petition to abandon 5-feet of a 60-foot Drainage Easement Holiday Pines - Lot 520 - Mr. & Mrs. Brann BACKGROUND: The Property Acquisition Division received a request to abandon 5-feet of a 60-foot Drainage Easement on Lot 520 in Holiday Pines. The Easement was dedicated to the Public in Plat Book 20, Page 19. When Mr. & Mrs. Brann's house was built in 1997, it was built 1-foot within the 60-foot Drainage Easement. The property owners are asking for this abandonment to clear their title for this encroachment. Mr. & Mrs. Brann have lived in St. Lucie County for 17 years and have no plans on moving, but need to clear title of their property. County staff members have reviewed the petition and do not have an objection to this abandonment. The abutting property owners and Utility providers have no objection to the abandonment. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on May 6, 2008 at 6:00 p.m. or as soon thereafter as possible. Respectfully submitted, JoAnn Riley '' Property Acquisition Manager ri ti I �I II ini i n LOCKWI �'�LAKE 7- ............_ - IlI O - Q i W y !p Abandonment of 5ft of a GI ' 60ft Draina of goo 'Ou Ak , cr Easement 0 75 150 300 Feet Drainage easement- 5R abandorcnent Parcel Boundaries 02/08/2008 James & Wendy Brain 4101 Lookout Court Fort Pierce, FL 34951 772-460-6092 August 20, 2007 St Lucie County 2300 Virginia Avenue Fort Pierce, FL 34954 RE: 1313-502-0097-000-1 Gentlemen: We support the abandonment of the (5) feet of easement on the east side of the home of the above reference property. The easement is currently (60) feet, our home was built and CO'd in June of 1997, and was built (1) foot over the easement. The present easement runs along Slash Pine and has been accessed from Slash Pine. Access to the easement though Holiday Pines is presently across our front lawn and would remain the same with the easement being moved five feet. This would leave the county with a (55) foot easement for their use. Since the development of Holiday Pines and the 10 years we have been in our home no-one has even walked on this easement. It has never been cleaned out and we feel the five feet would NOT negatively affect anyone. The reason we are asking is because our home was built into the present easement and can never be sold or transferred the way it sits. We love our home have lived in St Lucie County for 17 years and have no plans to sell or move, however you never know what the future will bring and do not want my kids or family to have to worry about it. Sincerely, �z �� James R Brann 0 V 0 v F� �4 h o� of oh Q Ei R N Y CD Q- W Z K J O 2 WANASII OWN 03680 I V/ a 3n 8a �� 6 12 5y a^ e'ld 5 dc� 0 m"W�:��s. 4e P,a��z�xls�2nn=� s rlFA^ 11-31En ^:a via " AM � Fg��i. kSon�6 8a5� 'ay SIC a b�Y1 e2ddsR�cM e a e;- s AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 6132 DATE: April 1, 2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right -of -Way Chem -Tex Supply Corp./Allied New Technologies 10 feet on Range Line Road Resolution No. 08-114 BACKGROUND: FUNDS AVAILABLE: See attached Memorandum N/A PREVIOUS ACTION: The Site Plan for Allied New Technologies, Inc. was conditioned upon the dedication of an additional 10 feet of right-of-way on Range Line Road to St. Lucie County. RECOMMENDATION: Staff recommends that the Board accept the Right -of -Way Deed, authorize the Chairman to sign Resolution No. 08-114 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ APPROVED [ ] OTHER Approved 5-0 V, c [x] County Attorney:_ [ ] DENIED Review and Approvals [ ] Road and Bridge: [x] Originating Dept: �f'"iL [ ] Mosquito Control: Dowfas M. Anderson County Administrator [x] Public Works: W' [x] Engineering: PROPERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: April 1, 2008 SUBJECT: Donation of Right -of -Way Chem -Tex Supply Corp./Allied New Technologies 10 feet on Range Line Road Resolution No. 08-114 BACKGROUND: Allied New Technologies, Inc. was asked to donate an additional 10 feet of right-of-way on Range Line Road to St. Lucie County as part of their site plan approval. Attached is a copy of the Right -of -Way Deed for the mentioned right-of-way on Range Line Road and Resolution No. 08-114. RECOMMENDATION, Staff recommends that the Board accept the Right -of -Way Deed, authorize the Chairman to sign Resolution 08-114 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, �J Ann Riley Property Acquisition Manager Florida, that: RESOLUTION NO. 08-114 A RESOLUTION ACCEPTING A RIGHT-OF-WAY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing RIGHT-OF-WAY DEED is duly accepted on behalf of St. Lucie County this 1`* day of APRIL, 2008. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney G:\ACQ\WP\Right of Way Donations\Allied New Technologies\Resolution No. 08-114.wpd This instrument prepared by and record and return to: MARK R. STARKMAN, ESQ. PACKMAN, NEUWAHL & ROSENBERG 1500 San Remo Avenue, Suite 125 Coral Gables, FL 33146 A portion of Parcel I.D. No. 4201-111-0001-000/7 4201-111-0001-010/0 Above This Line for Recording RIGHT-OF-WAY DEED TO ST. LUCIE COUNTY Conveys Title For Highway Purposes This Warranty Deed made and executed as of the �A day of ee , 2007 by CHEM-TEX SUPPLY CORPORATION, a Florida corporation, whose post office address is 3901 N.W. 115 AVENUE, MIAMI, FLORIDA 33178, of the County of Miami -Dade, State of Florida, hereinafter called the "Grantor" to ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose post office address is 2300 VIRGINIA AVENUE, FT. PIERCE, FLORIDA 34982, of the County of St. Lucie, State of Florida, hereinafter called the "Grantee". WITNESSETH, That the Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00) Dollars and other valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, for the purpose of a public highway and purposes incidental thereto, all that certain land situate in ST. LUCIE County, Florida, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This conveyance is subject to: taxes and assessments for 2007 and all subsequent years; zoning ordinances and other requirements imposed by governmental authority; and conditions, restrictions, reservations, limitations and easements of record, if any, but this reference shall not operate to reimpose same. It is the intention of the Grantor by this instrument to convey to the Grantee the land above described for use as a public highway and for all purposes incidental thereto. It is expressly provided that if and when the said highway shall be lawfully and permanently discontinued, the title to the above described land shall immediately revert to the Grantor, its successors and assigns and they shall have the right to immediately re -possess the same. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our p sence: # Witnes ignature /A "i? Gi ess •int Nan. 42 Witness ignature �7i i 4 WuAgb)-a 42 Witness Print NarKe STATE OF FLORIDA COUNTY OF MIAMI-DADE CHEM-TEX SUPPLY CORPORATION, a Florida corporation By: JIVILMER, PRESIDENT The foregoing instrument was acknowledged before me this day of *,,<rf Y,, er 2007, by JIM PALMER, as President of Chem -Tex Supply Corporation, a Florida corporation, on behalf of the corporation, � who is personally known to me or ❑ who has produced a driver's license as identification. My commission expires: �G = .n:Comm sionF°DD35953fi c gcExpir?s; SOY. 14, 20U8 a_ "Ti •...•et`,. Banded Thru a9aadc Bonding Co., Inc. NOTARY PUBLIC' t x:\wpdata\starkman\3925\3925-9,i st. lucie\warranty deed.doc EXHIBIT "A" THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1: BEGINNING 1400.17 FEET SOUTH FROM THE NORTHEAST CORNER AND ALONG THE EAST LINE OF SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE, SOUTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, A DISTANCE OF 507.81 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 30 SECONDS WEST, A DISTANCE OF 696.98 FEET; THENCE, NORTH 00 DEGREES 01 MINUTES 30 SECONDS WEST, A DISTANCE OF 1210.91 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF FLORIDA EAST COAST RAILROAD; THENCE, NORTH 44 DEGREES 46 MINUTES 36 SECONDS EAST ALONG THE SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 660.00 FEET; THENCE, SOUTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, A DISTANCE OF 937.46 FEET; THENCE, SOUTH 44 DEGREES 46 MINUTES 00 SECONDS WEST, A DISTANCE OF 330.01 FEET; THENCE, SOUTH 89 DEGREES 59 MINUTES 06 SECONDS EAST, A DISTANCE OF 464.67 FEET TO THE POINT OF BEGINNING ON THE EAST LINE OF SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL 2: BEGINNING AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE, SOUTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION 1, A DISTANCE OF 1400.17 FEET; THENCE, NORTH 89 DEGREES 59 MINUTES 06 SECONDS WEST, A DISTANCE OF 464.67 FEET; THENCE, NORTH 44 DEGREES 46 MINUTES 00 SECONDS EAST, A DISTANCE OF 330.01 FEET; THENCE, NORTH 00 DEGREES 00 MINUTES 54 SECONDS EAST, A DISTANCE OF 937.46 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD; THENCE, NORTH 44 DEGREES 46 MINUTES 00 SECONDS EAST, ALONG THE SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 329,97 FEET TO THE EAST LINE OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE, SOUTH 00 DEGREES 09 MINUTES 38 SECONDS EAST, ALONG THE SAID EAST LINE OF SECTION 36, A DISTANCE OF 5.98 FEET TO THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 36, TOWNSHIP 36 SOUTH, RANGE 38 EAST, AND SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. SKETCH AND �� `�- LEGAL DESCRIPTION; .��oo � U I W THIS IS NOT A SURVEY i�t k1`�6 w 3 o v LEGEND i C6 G1 �N.. .i(n i y` NON IO N.T.S. = NOT TO SCALE 1110' p� o o POS = POINT OF BEGINNING i h op o I O C = CALCULATED i D = DEEDED ro�Ns-LIP 36 g iV) � `z-' TowNsl-IIP 36 Sc 36SOUTH I TOYMSHIP 37 Sc TMOYM HIP Description of Parcel 1 shown i U 37 soultl 1 6^ i w hereon provided by the client i v and/or their agent. Description of I p \ I Y Parcel 2 is recorded in O.R.B. y 1021, PG. 2682 in the records of i r EAST 10.00' o ^ ; V p St. Lucie County. East 10' portion 1 z written by Culpepper & Terpening. O GRAPHIC SCALE (�-------- 200 0 100 200 ��VVV�eoL t>pYM � �� d i faah .zoom LEGAL DESCRIPTION The East 10.00 feet of the following described parcels: PARCEL 1' Beginning 1400.17 feet South from the Northeast comer Ea and along the East line of Section 1, Township 37 South, Range 38 East, St. Lucie County, Florida; Thence run South 00'00'54" West a distance of 507.81 feet; Thence run North 8958'30" West, a distance of 696.98 feet; thence run North 00'01'30" West, a distance of 1210.91 feet; to the Southerly right—of—way of Florida East Coast Railroad; thence run North 44'46'36' East along the said Southerly right—of—way a distance of 660.00 feet; thence run South 00'00'54" West, a distance of 937.46 feet; thence run South 4-4'46'00" West, a distance of 330.01 feet; thence run South 89'59'06" East, a distance of 0 C 464.67 feet to the Point of Beginning on the East line of =' Section 1, Township 37 South, Range 38 East, St. Lucie County, Florida, and containing 17.5 acres, more or less. o 0 N N Together with: o U PARCEL 2 3 3 Beginning at the Northeast comer of Section 1, Township N 37 South, Range 38 East, St. Lucie County, Florida; thence run South 00'00' 54" West, along the East line of00 'oo said Section 1, a distance of 1400.17 feet; thence run o 0 North 89'59'06" West, a distance of 464.67 feet; thence Z z run North 4446'00" East, a distance of 330.01 feet; thence run North 00'00'54" East, a distance of 937.46 feet to the Southerly right—of—way of the Florida East Coast Railroad; thence run North 4446'00" East, along the said Southerly right—of—way, a distance of 329.97 feet, to the East line of Section 36, Township 36 South, Range 38 East, St. Lucie County, Florida; thence run South 00'09'38" East, along the said East line of Section 36, a distance of 5.98 feet, to the Point of Beginning; All lying and being in Section 36, Township 36 South, Range 38 East and Section 1, Township 37 South, Range 38 East, St. Lucie County, Florida and containing 7.50 acres, more or less. SKETCH OF DESCRIPTION OF 100 PARCEL OF LAND Prepared For ALLIED NEW TECHNOLOGIES S89'59'06"E SEE DETAIL 36 31� I I 11 I 11 61 10.01 N.T.S.— \ r` try v� U 3 M N O O O rn 00 Cn N PARCEL 2 0 o In POB U 464.67'(D) °^o. 4-65.52 (C) 0 East line of Section 1. — Township 37 South, Range 38 East 10.0' _ N.T.S. 686.98'(C) 10.00'(C) B'30"W(D) 69s.9X(C/ DVA �'21 "W" P O O Sheet 1 of 1 File;06-505s&d ! CUL.PEPPER & TERPENING, INC right of way.dwg I C4NSULTING ENGINEERS I -AN❑ SURVEYORS Date: 8-8-2007 298LI SC.UTH 25th STREET FORT I?,EID RCE, FLORA 34981 ISI-3ONE 772-464-3537 FAX 772-464-9497 Tech: SB www.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 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 PIP pprm m RESOLUTION NO.07-135 FILE NO.: SPMj-120071063 I' k A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO A MAJOR SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS ALLIED NEW TECHNOLOGIES, INC., A 55,444 SQUARE FOOT INDUSTRIAL FACILITY LOCATED ON 25.00 ACRES (MORE OR LESS) OF LAND ON THE WEST SIDE OF RANGE LINE ROAD AT GLADES CUT OFF ROAD, IN THE IND (INDUSTRIAL) ZONING DISTRICT. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Allied New Technologies. Inc. has petitioned for a Major Adjustment to a Major Site Plan approval for the project known as Allied New Technologies (f/k/a Miami Tank/ChemTex), for a proposed 35,300 square foot expansion to the existing 20,144 square foot facility to provide for the introduction of a manufacturing operation that will supply water treatment plants with necessary treatment chemicals to create potable water. 2. The Development Review Committee has reviewed the Major Adjustment for the proposed project and found it does not meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. The proposed project is not consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. The Development Review Committee has recommended remedial conditions of approval that, if implemented, correct the Code deficiencies and make the proposed Major Adjustment to a Major Site Plan consistent with the Comprehensive Plan. 3. The proposed project, if the condition of approval are implemented, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 4. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening, as modified by the recommended conditions of approval. 5. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations, and the recommended conditions of approval. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT File No.: SPMj-120071063 SAINT LUCIE COUNTY Resolution No. 07-135 FILE 4 3093E+86 D8/092007 at 03:14 PM July 24, 2007 OR BOOK 2864 PAGE 77.84 Doc Type: RESO Page 1 RECORDING: $69.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 6. The project site will be served by adequate public facilities, upon implementation of the recommended conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04(A) of the St. Lucie County Land Development Code, the Major Adjustment Site Plan for the project known as Allied New Technologies, Inc., is hereby approved with conditions, including modifications to the site plan drawings for the project prepared by Culpepper & Terpening, Inc., a copy of which is attached as Exhibit B, dated June 25, 2007, and date stamped received by the St. Lucie County Growth Management Director on June 26, 2007, subject to the following conditions: No Development Permits order shall be Issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite Improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments Involved In the plan review within five business days of the date the plans are received in the Department of Growth Management. 2. A condition of site plan approval shall be that all relevant regulatory agencies, including the SLC Fire District, SLC Environmental Resources Dept., Treasure Coast Regional Planning Council, and Dept. of Environmental Protection shall have approved of the hazardoustflammable material management protections and emergency response plans for the expanded facility prior to issuance of a Building Permit for the new facility. The plans must include protections and emergency response plans for both the construction phase and the operation phase of the facility, meeting OSHA and other regulatory requirements. 3. Contaminants detected by DEP in November 2006 surface water sampling events included arsenic, chloride, fluoride, sodium, and sulfate; pH levels were also outside of acceptable range. The DEP letter states that these contaminants "appear to indicate that a previously unknown release of additional contaminants has occurred, either because of leaking structures, accidental discharges, or leaching from site soils". Additional sampling required by DEP as part of the Remedial Action Plan Addendum (RAPA) Includes groundwater and surface water sampling for pH, sodium, chloride, iron, cadmium, chromium, copper, aluminum, barium, lead, arsenic, mercury, manganese, fluoride, calcium, nickel, sulfides, sulfates, nitrates, nitrites, phosphates, and total dissolved solids. The intent of the File No.: SPMj-120071063 July 24, 2007 Resolution No. 07-135 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 required sampling is to delineate and characterize the existing groundwater plume and determine appropriate remediation actions. As there are known water quality contamination issues at this site, and as the SLC Comprehensive Plan Objectives 8.1.2, 8.1.5, and 8.1.6 are aimed at protecting and conserving surface water, groundwater, and soils, respectively, a condition of site plan approval shall be that Allied shall remain in compliance with the remediation activities as required by the Florida Dept. of Environmental Protection (DEP). "Revised Remedial Action Plan Approval Order Addendum for Allied Universal Corporation, 9501 Rangeline Road, Fort Pierce, St. Lucie County, Florida," (approved May 17, 2007) as may be amended by DEP, failing which the Board of County Commissioners may withhold all or part of Allied's Ad Valorem Tax Exemptions, which are estimated at $1,680,000 over a 9 year period. In the event of non-compliance, the Ad Valorem Tax Exemptions would be deemed forfeited for any period of non-compliance, on a pro-rata basis. 4. Prior to approval of a Notice of Vegetation Removal application, the applicant must provide ERD with a wetland determination from SFWMD, covering the entire site. Wetlands and other surface waters, as delineated by SFWMD, must be shown on the boundary survey and site plans. Any permits required by SFWMD and the Corps, including, but not limited to, Water Use Permits and Environmental Resource Permits, must be approved prior to approval of the Notice of Vegetation Removal application. Copies of the approved permits (or permit modifications) shall be provided to ERD for our records. 5. Prior to approval of a Notice of Vegetation Removal application, a revised landscape plan must be provided, including sufficient perimeter and vehicular use area landscaping per Section 7.09.04 of the SLC Land Development Regulations. The plans must also include consistent schematics showing that the diameter (caliper) of trees on -site shall be measured at 4 1A feet above ground. Perimeter landscaping along the site's northern, western, and southern sides shall meet or exceed the requirements of Section 7.09.04.B. Vehicular use area landscaping shall meet or exceed Section 7.09.04.0 requirements. Landscaping along Rangeline Road shall provide an opaque vegetative buffer at a height sufficient to effectively screen Allied's manufacturing facilities from the adjacent residential development along Rangeline Road. Landscaping plans for this buffer shall show: 1) the heights of each proposed and existing structure at Allied; 2) the width of the proposed buffer (minimum of 15 feet width required by Code); and 3) locations/sizes/species of shrubs and trees proposed and existing on -site. 6. Prior to approval of a Notice of Vegetation Removal application, the property owner shall provide right and left turn lanes on Range Line road; the entrances need to be modified to meet the requirements of LDC 7.10.15; and the proposed shell rock area needs to be changed to either concrete or hot asphalt. 7. Before the issuance of the vegetation removal permit the developer shall enter into an agreement to pay a fee in lieu of constructing the six foot concrete sidewalk along the projects entire road frontage. The fee and agreement shall be supported by a signed and seal engineers estimate of probable cost. All estimates shall be approved by the County Engineer. B. The property on which this major adjustment to a major site plan approval is being granted is described as follows: File No.: SPMj-120071063 July 24, 2007 Resolution No. 07-135 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Parcel ID #: 4201-111-0001-000/7 1 37 38 BEG AT NE COR OF SEC, TH S 0 DEG 01 MIN 30 SEC W ALG E SEC LI 1907.78 FT, TH N 89 DEG 58MIN 30 SEC W 696.98 FT, TH N 0 DEG 01 MIN 30 SEC E 1210.91 FT TO SLY RAN FEC RR, TH N 44 DEG 46MIN 36 SEC E ALG SO SLY R/W 981.47 FT M/L TO N SEC LI, TH E ALG SO N LI 6 FT M /L TO POB-LESS THAT PART OF NE 114 SECT MPDAF: BEG AT NE COR OF SEC 1, TH RUN S 00 DEG 00 MIN 54 SEC W ALG E LI OF SEC 1400.17 FT, TH N 89 DEG 59 MIN 06 SEC W 337.3 FT, TH N 05 DEG 21 MIN 13 SEC E 142.47 FT, TH N 44 DEG 46 MIN 00 SEC E 130.27 FT, TH N 00 DEG 00 MIN 54 SEC E 937.46 FT TO SLY RM LI FEC RR, TH RUN NELY ALG SLY R/W 329.97 FT TO E LI SEC 1, TH S 00 DEG 09 MIN 38 SEC E ALG SD SEC LI 5.98 FT TO POB- (17.83 AC) (OR 421-1078: 756-2922) Parcel ID #: 4201-111-0001-010/0 01 37 38 BEG AT NE COR OF SEC, THRUN S 00 DEG 00 MIN 54 SEC W ALGE SEC LI 1400,17 FT, TH N 89 DEG 59 MIN 06 SEC W 464.67 FT, TH N 44 DEG 46 MIN 00 SEC E 330.01 FT, TH N 00 DEG 00 MIN 54 SEC E 937.46 FT TO SLY RNV FEC RR, TH N44 DEG 46 MIN 00 SEC E ALG SD R/W 321.47 FT M/L TO N SEC LI, THE 6 FT TO POB-LESS AS IN OR 645-1778- (7.17 AC) (OR 1021-2682: 1717-1653) CONTAINING a 55,444 SQUARE FOOT FACILITY ON 25.00 ACRES, MORE OR LESS. C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property shall expire on July 24, 2009, unless building permits have been issued or an extension in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code has been granted. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Allied New Technology, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Major Site Plan approval. Should the Major Site Plan approval granted by this resolution expire, a new certificate of capacity shall be required. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. The Director of Growth Management shall coordinate the issuance of further site File No.: SPMj-120071063 Resolution No. 07-135 July 24, 2007 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. H. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. I. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. J. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft Aye Vice -Chairman Joseph E. Smith Aye Commissioner Paula A. Lewis Aye Commissioner Doug Coward Aye Commissioner Charles Grande Aye File No.: SPMj-120071063 July 24, 2007 Resolution No. 07-135 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PASSED AND DULY ADOPTED this 24`" day of July 2007. BOARD OF COUNTY COMMISS46NERS' ST. LUCIE COUNTY, FLORIDA n Clerk File No.: SPMj-120071063 July 24, 2007 BY APPROVED AS TO FORM AND CORRECTNESS: W- br, Ar-'rr - Y,ss#. County Attorney Resolution No. 07-13: Page( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit "A" Certificate of Capacity File No.: SPMj 120071063 July 24, 2007 Resolution No. 07-135 Page 7 Date: 6/27/2007 2300 Virginia Avenue CERTIFICATE OF CAPACITY Ft(772)-462282282 Certificate No. 2650 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 Addition to Allied New Technologies 17302 SF Number of units 0 Number of square feet 44746 2. Property legal description & Tax ID no. 420111100010007;420111100010100 9545 Range Line Road Allied New Technologies (FKA Maimi Tank MFG> I Approval: Building Permit Resolution No. 07-135 Letter 4. Subject to the following conditions for concurrency: Left and Righ Turn Lanes. Owner's name Chem -Tex Supply Corp Address 8350 NW 93rd St Miami FL 33166 6. Certificate Expiration Date 7/24/2009 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed w�`i, /,� Date: 7/6/2007 Growth Marlagement Director: St Lucie County, Florida 44104,45 Signed Date:7/6/2007 Concurrency Review by: Friday, July 06, 2007 Page 1 of 1 Agenda Request Item Number C Date: 4/1/2008 Consent [ X ] Regular [ ] Public Presentation [ ] Leg. [ ] Quasi -JD [ ] To: Board of County Commissioners Pre ted By Submitted By: Economic Development Manager it, , — I 7A a L� Eco omi Pe4lopment, Manager SUBJECT: Approval of the Letter of Intent and the Job Growth Investment Grant between St. Lucie County and Oxford Management Services (OMS). BACKGROUND: The County has been working with Oxford Management to relocate their Corporate Headquarters and service center to the County. OMS is engaged in account receivable management primarily with Fortune 500 companies. OMS will create 225 new jobs at a wage rate of over $16.00 per hour. OMS is a private, family -owned and operated financial services company currently headquartered in Melville, New York. Approximately, 25 of the employees will be associated with the headquarters management and 200 employees will perform the account receivable management services. OMS has made a commitment to St. Lucie County to stay in the County for 5 years after their last scheduled JGIG payment. FUNDS AVAILABLE: Funds are available through the County's Job Growth Investment Grant (JGIG) account number 001-5215-582000-500. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Letter of Intent and the development of the Job Growth Investment Grant Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: APPROVED OTHER Approved 5-0 = DENIED CON NCE: ouglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing:. Other: (insert file ref) TO: Board of County Commissioners FROM: Larry Daum DATE: March 3, 2008 SUBJECT: Consider approval of the Letter of Intent and Job Growth Investment Grant between St. Lucie County and Oxford Management Services (OMS). The County has been working with Oxford Management to relocate their Corporate Headquarters and service center to the County. OMS is engaged in account receivable management primarily with Fortune 500 companies. OMS will create 225 new jobs at a wage rate of over $16.00 per hour. OMS is a private, family -owned and operated financial services company currently headquartered in Melville, New York. Approximately, 25 of the employees will be associated with the headquarters management and 200 employees will perform the account receivable management services. OMS has made a commitment to St. Lucie County to stay in the County for 5 years after their last scheduled JGIG payment. OMS plans to move into 20,000+ sq ft of the Orange Blossom Mall. Funds are available through the County's Job Growth Investment Grant account 001-5215-582000-500. Staff recommends that the Board approve the Letter of Intent and the development of the Job Growth Investment Grant Agreement and authorize the Chairman to sign the Agreement. Oxford Management Services - March 3, 2008 Larry Daum, Economic Development Manager St. Lucie County Florida 1850 Fountainview Blvd Suite 205 Port St, Lucie, FL 34986 Re: Letter Of Intent Dear Mr. Daum: This letter serves as confirmation that Oxford Collection Agency, Inc. dba Oxford Management Services accepts and agrees to the basic assumptions made by St. Lucie County and the funding St. Lucie County will provide as outlined in the County's Letter of Intent dated January 28, 2008. We appreciate the opportunity and look forward to working with you in the future. 'If you have any questions, please contact me directly. Sincerely, Charles Harris Executive Vice President W W W.OXFMGT.COM Tel: (631) 470-9800 135 MAxEss ROAD • SUITE 2A • MELVILLE, N.Y. 11747 Fax: (631.) 454-4508 January 22, 2008 Mr. Charles Harris Executive Vice President Oxford Management Services 135 Maxess Road Melville, NY 11747 RE: Letter of Intent Dear Mr. Harris: Thank you for expressing an interest in expanding Oxford Management Services within St. Lucie County. One of St. Lucie County's goals is to establish a strong economic base, providing St. Lucie County residents with good paying jobs. This makes St. Lucie County the most aggressive business recruiter on the Treasure Coast. Outlined below is our proposed incentive package. Please keep in mind we are providing you with figures based on the noted current assumptions. These incentives are subject to approval by the St. Lucie County Board of County Commissioners. The figures represent our best estimates at this time. Basic Assumptions: - Number of Jobs Created: 225 Jobs within 10 Years (Approximately 25 headquarter jobs and 200 call center related jobs) - Average Wage Rate: +$16/hour - Estimated Investment: Unknown St. Lucie County will provide: - Estimated Job Growth Investment Grant (JGIG): $489,375 (phased out over 10 years) Should Oxford Management Services leave St. Lucie County within 5 years after the last scheduled JGIG payment, then the incentives listed above will be due back to St. Lucie County plus interest. These incentives require the completion of a formal application and approval by the Board of County Commissioners. St. Lucie County wants Oxford Management Services to be an important part of our economic base. The County will work with you to make this a successful start up as well as long-term business. Please review this proposal and direct any questions to Larry Daum or myself. If we can provide any additional information, please let us know. Thank you for your consideration. Sincerely, Douglas M. Anderson County Administrator Cc: Board of County Commissioners Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Michael Brillhart, Economic Development Director Larry Daum, Economic Development Manager Call center to remain open for 3 more months BY MICHELLE SHELDONE michelle.sheldoneCscripps.com PORT ST. LUCIE — The port St. Lucie center that helps manage the state's affordable health insurance program for children plans to remain in the area for another three months. Call center employees -with Policy Studies Inc. enroll and re -enroll participants in the state's Florida KidCare pro- gram, which is designed for ages 5 through 18 and adminis- tered by the public -private Florida Healthy Kids Corp_ . Dallas -based Affiliated Com- puter Services was scheduled to take over the service by Feb. 1, but Affiliated Computer Services underestimated the work effort and experienced staff turnover, according to an Affiliated .'Computer Services letter excerpt that Florida Healthy Kids representatives Provided. "ACS is working closely with the Florida Healthy Kids Corp. in the transition to sup. Port the state's child health in- surance program," Affiliated Computer Services spokesman Andy Wilson wrote in an e. mail. "We are updating the Program to implement major technological improvements in how children are processed - and have recommended addi- tional testing to ensure the up- grades are done properly." And an Affiliated Computer Services representative, in let- ter to Healthy Kids, wrote earlier this month that the t company is planning to go live May 1 with a new, highly auto- h mated. Web -based system to c help .improve services to Flori- da's families. re Policy Studies Inc., in the ne meantime, has agreed to keep in the St. Lucie call center operat- pa ing through April — and keep si co TALLAHASSEE Ballot deadline nears for citizen initiatives A gay marriage ban and sev- eral other citizen initiatives were short the cinna+,,, "ACS is worldnng closely with the Florida Healthy Kids Corp. in the transition to support the state's child health insurance prog'am „ Andy Wilson, Affiliated Computer Services spokesman o about 200 or so people em- ployed, a company .spokes- woman said. "PSI and its 220 employees are working for Florida's chil- dren, and we would not allow, them to suffer," company Vice President Eric Rubin said in an e-mail. "To avert a crisis for these children, we were Pleased to sign a three-month contract ... to continue Provid- Ing quality olicy Stud eshs had the Florida KidCare contract for about 11 years. Affiliated Computer Services won a five-year, $87.3 million bid for the service. The company is planning a Tallahassee base that Healthy Kids representatives say won't dist$lpt services or prevent area residents from accessing KidCare. But Wilson wouldn't commit a start date. Affiliated Computer Services as verbally agreed to pay any caused by the delay, and orida Healthy Kids Corp. presentatives said they are gotiating an agreement that cludes having the company y for the three-month exten. on with Policy Studies. is the Time to BUY your Home ILLLUUMI A Resear for Pe( • Study Ri • Reim vent n Visit The ONLY Certifie '_ CerHfl The Law Offices o•- DAV 1 D G DUI • Crimin Martindale Hubbell His 220-44 903 S.E. Central Pare 1 If Not Call Ai Senior Health Ask For R, American Senior HE 759 South Fed Stuart • 772-2 AGENDA REQUEST ITEM NO. D1 DATE: April 1, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: Sandra Bogan SUBMITTED BY (DEPT): Environmental Resources Dept. Education & Outreach Mgr. SUBJECT: Authorize Budget Resolution #08-079 to set up grant account for the St. Lucie River Exhibit at the Oxbow Eco-Center. The budget resolution includes $60,000 grant funding from the St. Lucie River Issues Team and $60,000 general revenue matching funds previously approved by the board. BACKGROUND: The Board approved acceptance of $60,000 in grant funding from the St. Lucie River Issues Team (Contract # C08-01-071) on February 12, 2008 for the St. Lucie River exhibit at the Oxbow Eco-Center. The purpose of this project is to enhance the understanding of the St. Lucie River and its estuary. This will be done through an exhibit that shows both the natural side of the St. Lucie River as well as the human footprint. Phase I of the project is a 3-dimensional exhibit that covers two adjacent walls of the exhibit hall and shows the natural side of the river. Phase II of the exhibit will be a free-standing exhibit that will show the human footprint on the river, with representative homes, boats and lawns portrayed on and along the river shoreline. FUNDS AVAIL.: The effective date of the contract is January 2, 2008. The grant requires a minimum of a 50% match. As planned, the majority of the County's match ($60,000) was expended on January 7, 2008 and will be coded via Budget Resolution 08-079 from account # 001821-7912-562000-700 for the construction of Phase 1 of the exhibit (General Fund-SFWMD grant / Education and Outreach / Culture-Rec / Buildings). PREVIOUS ACTION: On August 15, 2006, the Board authorized the submittal of a grant application to the St. Lucie River Issues Team. On February 12, 2008, the Board authorized the acceptance of a $60,000 grant from the St. Lucie River Issues Team for this project. RECOMMENDATION: COMMISSION ACTION: [X1 APPROVED [ ] OTHER: Approved 5-0 Staff recommends the St. Lucie County Board of Commissioners approve Budget Resolution # 08-079 to set up a grant account for the St. Lucie River exhibit at the Oxbow Eco-Center. County Attorney: ML Originating Dept:�� Finance: [ ] DENIED CONCURRENCE: Dougfas,Anderson County Administrator Coordination/Si natu Mgt & Budget: ram•. 1" Purchasing: _ Public Works: Other: To: Board of County Commissioners From: Sandra Bogan, Education & Outreach Manager Date: March 18, 2008 Subject: BOCC Meeting, April 1, 2008, Consent Agenda Item D1 Budget Resolution for St. Lucie River Exhibit — Oxbow Exhibit The purpose of the item is to request approval of Budget Resolution #08-079 to set up a South Florida Water Management District grant account for the St. Lucie River Exhibit at the Oxbow Eco-Center. The budget resolution includes $60,000 grant funding and $60,000 general revenue matching funds previously approved by the board. On February 12, 2008, the St. Lucie Board of County Commissioners authorized acceptance of $60,000 in grant funding from the SFWMD / St. Lucie River Issues Team for the St. Lucie River Exhibit at the Oxbow Eco- Center. This is a Budget Resolution (#08-079) to set up a Special Project account for both the grant funding and matching funds for this project. The effective date of the contract is January 2, 2008. The grant requires a minimum of a 50% match. As planned, the majority of the County's match ($60,000) was expended on January 7, 2008 and will be coded via Budget Resolution 08-079 from account # 001821-7912-562000-700 for the construction of Phase 1 of the exhibit (General Fund-SFWMD grant/ Education and Outreach / Culture-Rec / Buildings). Staff is recommending approval of Budget Resolution # 08-079 to set up a grant account for the St. Lucie River exhibit at the Oxbow Eco-Center. RESOLUTION NO. 08-079 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 South Florida Water Management District in the amount of $60,000 to help fund the Living in a Watershed Centerpiece Exhibit. 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 1T RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 1st day of April 2008, pursuantto Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUES 001821-7912-337310-700 SFWMD — Phys Env $60,000 APPROPRIATIONS 001821-7912-562000-700 Buildings $60,000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson XXX Commissioner Paula Lewis, Vice Chairperson XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED THIS 1st DAY OF APRIL 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. D2 DATE: April 1, 2008 REGULAR( ) PUBLIC HEARING () CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ERD/Oxbow Eco-Center Sandra Boaan Education & Outreach Manaaer Authorization to Cancel Contract # 03-02-235 I PO #P2711186 with Hazen & Sawyer Engineers SUBJECT: for design of lecture hall at the Oxbow Eco-Center BACKGROUND: On January 5, 2007, the Environmental Resources Department contracted with Hazen & Sawyer the Oxbow Eco-Center. The total anticipated for $60,600 for the design of a lecture hall at cost for the lecture hall was expected to be approximately $1-1.5 million. The project construction was only partially funded; $462,600 was committed for construction of this project, of which funds and $300,000 was to be paid from impact fees. In $162,600 was from general revenue $100,000 was committed from'the St. Lucie Audubon Society through a donation addition, (C05-10-521) for construction. It was anticipated that much of the unfunded balance agreement ($447,000-$947,000) would be obtained through fundraising and/or additional general revenue or impact fees. Since that time, use of the impact fees has been placed on hold due to the litigation there shortfalls in both the general revenue and with the City of Port St. Lucie. In addition, are would make fundraising very difficult. Parks impact fee funds and economic conditions As a result, staff is requesting to cancel the Hazen & Sawyer Engineers contract at this time, $34,500 from the $60,600 contract.. Per the direction provided leaving a balance of approximately by the Board during the Strategic Planning meetings, approximately $136,500 from capital improvement funding will be reallocated to balance the general fund. to the construction of the Lecture Hall, staff will be pursuing the development of As an alternative a master plan for the Oxbow Eco-Center through donated services. The master plan will provide its 225 acres of environmentally -sensitive a comprehensive, long-range plan for the Center and address the variety of needs at the Center, such as lecture and classroom lands. The plan would space, exhibit storage, and trail connectivity. We would include sustainable design concepts into opportunity for all aspects of the Oxbow master plan. As with all master planning processes, identified area firms who are willing to assist us public input will be provided. Currently, we have pro bono in the master planning process. FUNDS AVAILABLE: -562004-7134 (Gen. Buproximately $34,500 remaining ildings/Architectural O Cultural); and �$102,000 n2001-7791(2-562000-7134 (Gen. Rev. — Oxbow — Buildings — Cultural). PREVIOUS ACTION: On November 14, 2006, the Board approved Work Authorization # 11 / Contract #03-02-235 with lecture hall at the Oxbow EcaCenter. A Hazen & Sawyer Engineering for $60,600 for design of balance of approximately $34,500 remains on the contract. RECOMMENDATION: Staff recommends that the St. Lucie County Board of County Commissioners authorize ineers for design / PO#2711186 with Haze4ANDE.RSON cancellation of Contract #03-02-235 of a lecture hall. CONCC. COMMISSION ACTION: APPROVED O DENIED OTHER D COUNTY ADMINISTRATOR Approved5-0 C oo rd i n at i o n/ S i a n atu re s '7"$j•�County Attorney (X) I L Mgt. & Budget ( Purchasing( �_ Originating Dept. (Xl �'": y- Other O Other( ) Finance: (check for copy only if applicable) Environmental Resources Department MEMORANDUM TO: St. Lucie County, Board of County Commissioners FROM: Sandra Bogan, Education & Outreach Manager Date: March 25, 2008 Subject: Cancellation of Contract with Hazen & Sawyer Engineers (CO3-02-235 / PO #2711186) for design of lecture hall at the Oxbow Eco-Center — April 1, 2008 Consent Agenda #D2 On January 5, 2007, the Environmental Resources Department contracted with Hazen & Sawyer for $60,600 for the design of a lecture hall at the Oxbow Eco-Center. The total anticipated construction cost for the lecture hall was expected to be approximately $1-1.5 million. The project was only partially funded; $462,600 was committed for construction of this project, of which $162,600 was from general revenue funds and $300,000 was to be paid from impact fees. In addition, $100,000 has been committed from the St. Lucie Audubon Society through a donation agreement (C05-10-521) for construction. It was anticipated that much of the unfunded balance ($447,000-$947,000) would be obtained through fundraising and/or additional general revenue or impact fees. Since that time, use of the impact fees has been placed on hold due to the litigation with the City of Port St. Lucie. In addition, there are shortfalls in both the general revenue and Parks impact fee funds and economic conditions would make fundraising very difficult. As a result, staff is requesting to cancel the Hazen & Sawyer Engineers contract at this time, leaving a balance of approximately $34,500 from the $60,600 contract. Per the direction provided by the Board during the Strategic Planning meetings, approximately $136,500 from capital improvement funding will be reallocated to balance the general fund. As an alternative to the construction of the Lecture Hall, staff will be pursuing the development of a master plan for the Oxbow Eco-Center through donated services. The master plan will provide a comprehensive, long-range plan for the Center and its 225 acres of environmentally -sensitive lands. The plan would address the variety of needs at the Center, such as lecture and classroom space, exhibit storage, and trail connectivity. We would include sustainable design concepts into all aspects of the Oxbow master plan. As with all master planning processes, opportunity for public input will be provided. Currently, we have identified area firms who are willing to assist us pro bono in the master planning process. Therefore, staff recommends that the St. Lucie County Board of County Commissioners authorize cancellation of Contract #03-02-235 / PO#2711186 with Hazen and Sawyer Engineers for design of a lecture hall. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. E1 DATE: 04/01/2008 REGULAR() PUBLIC HEARING( ) CONSENT(X) PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Director SUBJECT: Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design for Concrete, Culvert and Asphalt Installation BACKGROUND: See the attached memo FUNDS AVAILABLE: Account #101003-4108-534000-400 (Drainage Other Contractual Svcs) Account #101002-4110-534000-400 (Maintenance) PREVIOUS ACTION: On March 13, 2007 the Board approved the First Amendments to contracts C06-05-278 with South Florida Concrete as the primary contractor, C06-05-284 with Hanley -Martin Corp. as the first alternate, and C06-05-274 with Sunshine Land Design as the second alternate RECOMMENDATION: Staff recommends Board approval of the Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design, extending the contracts through March 31, 2009, and permission for the Chairman to sign the amendments as prepared by the County Attorney. COMMISSION ACTION: �4) APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) Coordination/Signatures Mgt. & Budget (X) CONCURR E: DOU NDERSON COUNTY ADMINISTRATOR Purchasing (X) Road & Bridge (X) Other( Other( ) Finance: (check for copy, only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: March 21, 2008 RE: Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design for Concrete, Culvert and Asphalt Installation BACKGROUND: On March 29, 2006, Bid #06-033 — Concrete, Culvert and Asphalt Installation was opened for the Road & Bridge Division. Seven hundred and thirty-four (734) companies were notified, twelve (12) documents were distributed, and three (3) bids were received. Staff recommended Board approval to award Bid #06-033 to South Florida Concrete as the primary contractor, Hanley -Martin Corp. as the first alternate, and Sunshine Land Design as the second alternate, and asked permission for the Chairman to sign the contracts as prepared by the County Attorney. Initial contracts were one (1) year with two (2) additional one-year renewal options. On March 13, 2007 the Board approved the First Amendments to contracts C06-05-278 with South Florida Concrete as the primary contractor, C06-05-284 with Hanley -Martin Corp. as the first alternate, and C06-05-274 with Sunshine Land Design as the second alternate, exercising the first renewal option and extending the contracts through March 31, 2008. Staff is now recommending approval of the Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design to exercise the second renewal option extending the contract through March 31, 2009. RECOMMENDATION: Staff recommends Board approval of the Second Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley -Martin Corp. and Contract C06-05-274 with Sunshine Land Design, extending the contract through March 31, 2009, and permission for the Chairman to sign the amendments as prepared by the County Attorney. NA/mrs AGENDA REQUEST ITEM NO. E2 DATE: 04/01/2008 REGULAR() PUBLIC HEARING( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Purchasing Director SUBJECT: Approval of the Fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. for the purchase of shell rock material and FDOT base coquina rock BACKGROUND: See the attached memo. FUNDS AVAILABLE: Account # 101-4110-553200-400 — Road Materials PREVIOUS ACTION: On March 13, 2007, the Board of County Commissioners approved the third amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. RECOMMENDATION: Staff recommends Board approval of the Fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. extending the term through June 30, 2008. Staff also recommends Board approval for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: (?j APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) Coordination/Signatures Mgt. & Budget (X) Road & Bridge (X) Other( ) Finance: (check for copy, only if applicable) CONCURRE !. OU DERSON COUNTY ADMINISTRATOR Purchasing (X) Other( ) BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: March 21, 2008 PURCHASING DEPARTMENT Re: Approval of the Fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. for the purchase of shell rock material and FDOT base coquina rock Background: On March 8, 2005, the BOCC approved awarding Bid #05-015 — Purchase of Shell Rock Material and FDOT Base Coquina Rock to Stewart Mining Industries, Inc. for the price of $3.45 per ton of Shell Rock Material and $6.45 for FDOT Coquina Rock. On February 7, 2006 the BOCC approved the First Amendment to Contract C05-03-130 with Steward Mining Industries, Inc. for the price of $4.50 for Shell Rock Material and $10.50 for FDOT Coquina Rock not to exceed $500,000.00 and exercise the first renewal option. On October 17, 2006 the BOCC approved the Second Amend to Contract C05-03-130 with Stewart Mining increasing the not to exceed total to $800,000.00. On March 13, 2007 the Board approved the Third Amendment to Contract C05-03-130 with Stewart Mining exercising the second renewal option and allowing for a price increase to $5.00 per ton for Shell Rock material and $13.00 per ton for FTOD Coquina Rock. Staff is now requesting approval of the Fourth Amendment to Contract C05-03-130 with Stewart Mining extending the term through June 30, 2008. Contractor has agreed to hold their prices for this extension period. This extension will allow sufficient time to go out for bid and award a new contract. Recommendation: Staff recommends Board approval of the Fourth Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. extending the term through June 30, 2008. Staff also recommends Board approval for the Chairman to sign the amendment as prepared by the County Attorney. NA/mrs AGENDA REQUEST ITEM NO. DATE: E3 4/1/2008 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Revoke award of Bid No. 07-102 to David's Auto Detailing and First Amendment to Contract C07-11-704 with Rocket Car Wash, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Each department — various accounts PREVIOUS ACTION: On November 6, 2007 the Board approved the award of Bid # 07-102 to Rocket Car Wash, Inc. and David's Auto Detailing RECOMMENDATION: Staff recommends Board approval to revoke the award of Bid No. 07-102 to David's Auto Detailing, approve the first amendment to contract C07-11-704 with Rocket Car Wash, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: ( APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) Central Services ( ) Coordination/Signatures Mgmt & Budget ( ) Other DodgI-A M. Anderson County Administrator Purchasing (X) Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 21, 2008 RE: Revoke award of Bid No. 07-102 to David's Auto Detailing and First Amendment to Contract C07-11-704 with Rocket Car Wash, Inc. Backaround: St. Lucie County utilizes continuing contract for car washing services, for both exterior washing and full detail services. The previous contracts expired and the exterior car washing vendor was not willing to renew his contract. Therefore, it was necessary to issue an ITB for bid for Car Washing Services for Cars & Pick-up Trucks. The contracts resulting from the ITB process will be continuing contracts to be used on an "as needed" basis only. This ITB was issued on August 1, 2007 and the bids were opened on September 5, 2007. One hundred eight, firms were notified, fourteen bid packages were distributed, and two bids were submitted. Staff then recommended awarding Rocket Car Wash bid items one thru twelve and David's Auto Detailing items 13 thru 16. Staff is now requesting to revoke the award of Bid No. 07-102 to David's Auto Detailing. David's Auto Detailing cannot meet the minimum insurance requirement that were required and clearly stated in the Bid and Contract documents, consequently, we unable to execute a contract. Therefore, staff wished to award those items previously awarded to David's Auto Detailing to Rocket Car Wash, Inc. Contract C07-11-704 will be amended to include St. Lucie County's entire car washing needs. Recommendation: Staff recommends Board approval to revoke the award of Bid No. 07-102 to David's Auto Detailing, approve the first amendment to contract C07-11-704 with Rocket Car Wash, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. NA/mrs ITEM NO. DATE: E4 04/01/08 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 advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 1010034108553200400 - Road Materials/Drainage 1010024110553200400 - Road Materials/Maintenance 1020013725553200300 - Road Materials/Stormwater PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. COMMISSION ACTION: (� APPROVED O DENIED () OTHER Approved 5-0 Coordination/Signatures County Attorney (X) Mgmt & Budget ( ) Road & Bridge (X) Other County Administrator Purchasing (X) Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 21, 2008 RE: Board approval to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. Background: The Road & Bridge Division of the Public Works Department requests permission to go to bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. This will be a unit price bid with a not to exceed dollar limit. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. ITEM NO. F-1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT DATE: April 1, 2008 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request that the Board approve Change Order #1 for Custom Built Marine Construction, Inc., reducing the original contract cost amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time, which is due for completion in April 17, 2008, for the Phase III Security Fencing construction project at the St. Lucie County International Airport. BACKGROUND: On November 20, 2007, the Board awarded bid 07-093 for the Phase III Security Fencing construction project to Custom Built Marine Construction, Inc. in the amount of $153,891.83. There was a delay in the issuance of the contract and ultimately the Notice to Proceed was issued on January 28, 2008, with a tentative completion date of April 17, 2008. This request for Change Order #1 reduces the original contract amount by $29,401.00 and adds no additional days to the contract completion time. FUNDS AVAILABLE: Funds for this project were established in Airport Fund numbers 140337-4220- 563000-48005 (Infrastructure — FDOT 80% Grant), 140133-4220-563000-48005 (Infrastructure - FAA 95% Grant), and 140350-4220-563000-48005 (Infrastructure-FDOT & Local 2.5% matches) PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order #1 for Custom Built Marine Construction, Inc., reducing the original contract amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time, for the Phase III Security Fencing construction project at the St. Lucie County International Airport and authorize Chair or designee to execute same. COMMISSION ACTION: (}<j APPROVED O DENIED () OTHER Approved 5-0 Coordination/Signatures County Attorney OUlt kmaS►h Mgt. & Budget Originating Dept. (;'~ �% t Other ( ) Finance: (check for copy, only if applicable) URREN DO G RSON COUNTY ADMINISTRATOR Purchasing( ) Other( ) BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: March 19, 2008 AIRPORT Diana Lewis, Director Re: Approval of Change Order #1 Reducing the Original Contract Amount for the Phase III Security Fencing Construction Project at the St. Lucie County International Airport. On November 20, 2007, the Board awarded bid 07-093 for the Phase III Security Fencing construction project to Custom Built Marine Construction, Inc. in the amount of $153,891.83. There was a delay in the issuance of the contract and ultimately the Notice to Proceed was issued on January 28, 2008, with a tentative completion date of April 17, 2008. This request for Change Order #1 reduces the original contract amount by $29,401.00 and adds no additional days to the contract completion time, which is scheduled for April 17, 2008. Staff recommends that the Board of County Commissioners approve Change Order #1 for Custom Built Marine Construction, Inc., reducing the original contract amount from $153,891.83 to $124,490.83 and adding no additional days to the original contract time for the Phase III Security Fencing construction project at the St. Lucie County International Airport and authorize Chair or designee to execute same. CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: No. 01 (name, address) St. Lucie County International Airport Phase III Security Fencing TO (Contractor): Custom Built Marine Construction, Inc. 1321 SE Decker Avenue Stuart, Florida 34994 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached. INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 3/19/2008 C07-11-690 November 20, 2007 The original (Contract Sum) (Guaranteed Maximum Cost) was $ 153,891.83 Net change by previous authorized Change orders $ - The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 153,891.83 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order $ (29,401.00) The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 124,490.83 The Contract Time will be (increased) (decreased) (unchanged) by (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number NIA 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: Custom Built Marine Construction, Inc Contractor: 1321 SE Decker Avenue, Stuart, FL 34994 Address - By:' Date: CONSULTANT.-' Kimley-Horn and Associates, Inc. Z /Engineer r / By: Date: ATTEST: APPROVED: St. Lucie County International Airport St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN Date: Approved as to Form and Correctness: DEPUTYCLERK County Attorney CUSTOM BUILT MARINE CONSTRUCTION, INC. 1321 SE Decker Ave, Stuart. F1. 34994 Ph. 772-288-4254 Fax 772-288-2802 CHANGE ORDER REQUEST #1 Date: Mamb 10, 2008 Simley Horn and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Fb 34987 Attn: Tom O'DonneA, RE: Project; St. Lucie Airport Phase III Security Fencing Change(s) heeded: 1. Delete Item No. P-152-4.1 Borro embankment Z Delete Item No. P-156-5.2 Turbidity Barrier 3. Delete Item No. D-701-5.2 30" Dia. RDPE Pipe 4. Delete Item No. D-752-5.2 30"Single Mitered End Sections 5. Delete Item No. T-904 S.1 Sodding 6. Add to Item No. F-162-5.18' Chairs Link Fence (add 12S L.F. to the original 3,263 L.F.) $3'176.00 + $82913.00 = Total Deductions = $321577.00 Total Additions = $ 3'176.00 Original Contract Amount $1S31891.83 Total Deductions $ 32'577.00 NewContiwctAmount $121314.83 Total Additions $ 3776.00 New Contract Amount $124490.83 Please adjust the contract to reflect these changes. Sincerely, Robert Begano Z. F Production Sup, ttt $11,250.00 $ 780.00 S12'500.00 S 6'0S8.00 $ 1'989.00 $86'089.00 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Public Works ITEM NO. Gr I Date: April 1, 2008 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY:�nn O Donald West�E. Public Works Director SUBJECT: Waterstone - Agreement with Port Richey Village Investment, LLC for Traffic Signal Contribution BACKGROUND: See attached memorandum. FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Agreement for Traffic Signal Contribution with the Port Richey Village Investment, LLC., and authorize the Chairman to sign the agreement. COMMISSION ACTION: [>q APPROVED [ ] DENIED [ ] OTHER: Approved 3-2 Grande & Coward - NO County Attorney: 4 ,2- CONCURRENCE: Coordination/Signatures Mgt. & Budget: Originating Dept.: Other: broi-_sm) Finance (Check for Copy only, if applicable): Dodllas'M. Anderson County Administrator Purchasin : Other INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Donald West, P.E., Public Works Director DATE: March 6, 2008 SUBJECT: Waterstone -Agreement for Traffic Signal Contribution with Port Richey Village Investment, LLC BACKGROUND: On December 2, 2003, the Board of County Commissioners adopted Resolution No. 03-240 which approved the Emerson Estates Subdivision, n/k/a Waterstone Subdivision. Condition No. 10 of the resolution requires the developer to contribute its proportionate share towards the cost of installation of a traffic signal at the intersection of Indrio Road and Emerson Avenue. Attached to this memorandum is a proposed Agreement for Traffic Signal Contribution with the developer, Port Richey Village Investment, LLC, for that contribution in the amount of fifty-four thousand three hundred seventy-six and 79/100 dollars ($54,376.79). RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners approve the proposed Agreement for Traffic Signal Contribution with the Port Richie Village Investment, LLC., and authorize the Chairman to sign the agreement. Respectfully submitted, Donald West, P.E. Public Works Director Attachment DB/sm Copies to: County Administrator County Attorney Finance Director Growth Management Director Management and Budget Director County Surveyor VOLUME DEVELOPMENT SHEET Indrlo Road & Emerson Avenue PM PEAK HOUR Emerson Avenue Emerson Avenue Soulhbound Inddo Road Indrio Road Descd Ion Northbound LeR Thro h W h1 Left Through Right Lett Eastbound Through Right Left Wastbound Through R! t Total@ Observed 11/28/2008 3 2 2 107 1 122 144 251 9 1 297 148 Peak Season Fedor 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 3 2 2 116 1 132 156 271 0 1 321 160 2006 Peak Season Weterelone Traffic 0 0 0 97 0 29 53 0 0 0 0 176 354 Annual Growth Rate 5% 5% 5% 6% 5% 6% 6% 5*A 6% 6% 6% 6% 2 1 1 73 1 83 98 170 0 1 202 101 2016 Background Traffic Growth Tolal Future Trafflo 6 3 3 286 2 244 307 441 0 2 523 438 2262 Waterstone Tiefil I Total tone Proportionate Share Future Propodionate Share 354 2252 15.7% 'A0411041790000 mrs_ Aare_ea1� Y162008 fS27 Ji OM Ndi4RoddB . k 0 2007, Ximley--Hom and Assodetes, Inc. TABLE 1 WATERSTONE TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In I Out Total In Out Trips Pronosed Site Trafie Single Family Detached Housing 544 du, 4,925 390 98 292 494 316 178 Townhome/Condominium 176 d.u. 1,038 81 14 67 96 64 32 Not NewExtern alTafflo 5,963 471 112 359 590 390 210 Note: Trip generation was calculated using the following data: Daily Traffic Generation Single -Family Detached Housing CITE 210] = Ln(7)-0.920Ln(X)+2.707 Townhome I Condominium [ITS 2101 = Ln(7) — 0.851,4i(X) + 2.55 AM Peak Hour Traffic Generation Single Family Detached Housing CITE 210] = T - 0.700(X) + 9A77 (25% in, 75% out) Townhome / Condominium [ITS 230] = Ln(T) - 0.80Ln(X) + 0.26 (17% in, 83% out) PM Peak Hour Traffic Generation Single Family Detached Housing [ITS 210] = Ln(T)-0.901Ln(X)+0,527 (64%in, 36%out) Townhomo/ Condominium ITE 2301 LnM = 0.82Ln + 0.32 67% in 33%out .m..+m+.vwow�-�,.�•>.seuuumsa«, indasaroLon AMOY-Morn end AssAtes, Inc. CMY'KI4WA-m .e-r - 12_� Kimley Horn M and Associates, Inc. PROJECT: INDRIO ROAD & EMERSON AVENUE SIGNALIZATION Monday, February 18, 2008 CONCEPTUAL OPINION OF PROBABLE COSTS Signal 'The Engineerhas no control over the coat of labor, materials, equipment or services furnished by others, or over the Contractors methods of determining prices, orover competitive bidding or market condidons. Opinions of probable costs provided heroin are based on the Iniormagon known to the Engtneerst this time and represent only the Engineer's judgment as a design profasslonsl familiar with the construction Industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costa will not varybom Its opinion ofprobable costs." PAY ITEM NO. DESCRIPTION UNIT PROJECT QUANTITY UNIT COST PROJECT COST 101-1 MOBILIZATION L 1 10.00D.00 S 10000 102.1 MAINTENANCE OF TRAFFIC L8 1 5000.00 3 5000 104-2 PREVENTIONCONTROL, ANDABATEMENTOF EROSIONANDWATER POLLUTION LS 1 1000.00 S 1000 108-1 AS -BUILT SURVEY LS 1 3.000.00 S 9 000 108.2 CONSTRUCTION SURVEY AND LAYOUT LS 1 12 000.00 S 12 ODO 566.1.2 DIRECTIONAL BORE S' TO 412" LF 200 35.00 7,000 570.1.2 PERFORMANCE TURF SOD SY 100 4.50 S 450 630.1-12 CONDUIT SIGNAL FURNISH & INSTALL UNDERGROUND 2' PVC LF 300 6.50 1.950 632-7-1 CABLE SIGNAL FUR I $TALL PI 1 7 4.500.001$ 4.600 635.1.11 PALL BOX FURNISH & INSTALL TRAFFIC SIGNAL EA 8 500.00 4,000 639-1-13 ELECTRICAL POWERSrE IGNAL3) (OVERHEAD) (METER BASE NOT REOVI A9 1 1 2160-00 S 2.150 639.2.1 ELECTRICAL SERVICE WIRE FURNISH & INSTALL LF 490 2.50 1 22 639.3.11 ELECTRICALSERVICEDISCONNECT FURNISH &INSTALL POLE MOUNTED EA 1 760.01) 3 760 1-gt-112 CONCRETE SERVICE POI FURNISH & INSTALL -DIRECT IA PE Ndl l2 EA 1 1.260.00 1,260 849-438-010 MA9 ARM A9SEMBLY F&I HIGH L INO SINGLE ARM W LUMINAIRE 68.024Lum EA 3 42 500.00 127 500 65051311 TRAFFIC SIGNAL FURNISH &INSTALL (3-SECTION] A ANDARD 9 1 200.00 3,600 85051511 TRAFFIC SIGNAL FURNISH & INSTALL 5-SECTION (I-WAY)(STANDARD) AS 3 1.800.00 6400 663..14-11 VIDEO DETECTION EA 3 5 6 600.00 S 19,600 870-5-111 1 TRAFFIC CONTROLLER ASSEMBLY F&I) (NEMA) (TYPE 5 ONE PREEMPTION PLAN AS 1 3 25450.00 26450 690.1.11 1 INTERNALLY ILLUMINATEDSTREET 5I01,13 EA 3 2950.00 8850 DRIVEWAY RELOCATION 12 260.006 12.250 Y so an n enc435,524, m 006 Pay Item Footnolc: 1. Engineers opinion of probable coat Is based on conceptual signallzatlon of a TdMersectlon. Design plans were rat prepared In oomplling the pn4act coat. 2. Cost does not Include any roadway Improvements or pedestrian stgnalizagan Improvements. 3. Design cost Is Inclusive of slgnalizalion design, geotec nlcal Invedgallon, subsurface u0lity Invesilgallon, and design survey. AGREEMENT FOR TRAFFIC SIGNAL CONTRIBUTION THIS AGREEMENT is made and entered into this day of 12008, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") and PORT RICHEY VILLAGE INVESTMENTS, LLC ("Owner/Developer"). WITNESSETH: WHEREAS, Owner/Developer intends to construct a subdivision to be known as Waterstone 5/D, f/k/a Emerson Estates (the "Development") on land owned by Owner/Developer, in accordance with Resolution No. 03-240 adopted by the Board of County Commissioners on December 2, 2003; and WHEREAS, Paragraph 10 of Resolution No. 03-240 provides as follows: 10. When it is warranted, and required by FDOT and/or St. Lucie county, a traffic signal shall be located at the intersection of Indrio Road and Emerson Avenue. The developer of Emerson Estates shall be responsible for its proportionate share of the cost of the installation of the traffic signal, together with the owners or developers of other properties, based on the proportionate impact of their respective developments on said intersection. In the event there are not available sufficient funds from other sources to complete the installation of the traffic signal, the developer of Emerson Estates agrees to pay the total cost of such installation, provided that St. Lucie County enters into an enforceable agreement with the developer so that (a) developer shall be entitled to impact fee credits for the cost of such installation in excess if the proportionate impact of Emerson Estates, or (b) such owners/developers of other properties impacting said intersection are required to reimburse the developer of Emerson Estates for the cost of such installation in excess of the proportionate impact of Emerson Estates, together with interest, as a condition to the approval of the development of such other properties. and, WHEREAS, the total current estimated cost of the signalization is three hundred forty-six thousand three hundred forty-nine and 00/100 ($346,349.00) dollars; and g: \atty\agreemnt\ Waterston signal -1- WHEREAS, the Developers estimated proportional share of the cost of the signalization is fifty-four thousand three hundred seventy-six and 79/100 ($54,376.79) dollars; and, WHEREAS, the Developer desires to record a final plat for Phase II of the subdivision before the signal is warranted. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1. Upon signing this Agreement, Owner/Developer shall deliver to the St. Lucie County Finance Director a check, or other appropriate security acceptable to the County Attorney, in the amount of fifty-four thousand three hundred seventy-six and 79/100 ($54,376.79) dollars. 2. The funds delivered to the County shall be disbursed upon written determination from the County Engineer or FDOT that a traffic signal is warranted at the intersection of Indrio Road and Emerson Avenue. The County Finance Director shall disburse the funds to the County. 3. ' In the event there are not sufficient funds from other sources to complete the installation of the traffic signal when warranted, the Developer agrees to pay the entire cost of the installation provided that the County enters into an agreement as provided in Condition 10 of Resolution No. 03-240. 4. Plats for future phases shall only be recorded after (a) a determination is made as to whether the traffic signal is warranted and, if so, the provisions of Paragraph 3 of this Agreement shall govern and (b) a redetermination is made of the Developer's proportionate fair share of the signalization based on a cost estimate of the cost at the time of plat approval. 5. The Owner/Developer shall record this Agreement in the public records of St. Lucie County, prior to its effectiveness. g \atty\agreemnt\Waterstone signal -2- IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. ATTEST: Deputy Clerk WITNESSES: g:\atty\agreemnt\Waterston signal -3- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney PORT RICHEY VILLAGE INVESTMENTS, LLC BY: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) ITEM NO. G :L DATE: April 1, 2008 REGULAR [ ] PUBLIC HEARING [ CONSENT [x] PRESENTED BY: on West Public Works irector SUBJECT: Request Board approval of P Amendment to Work Authorization #3 with Hazen and Sawyer Engineering for Surveying Services for Platt's Creek Stormwater Facility. BACKGROUND: In April of 2004, the Board awarded the construction contract for the Platt's Creek Stormwater Project. The Stormwater Facility consists of a 16 acre detention pond and a large quadraplex pump station. The attached proposal from Hazen and Sawyer Engineers outlines the scope of services for additional surveying work to prepare documents to memorialize an FPL easement to provide electrical service to the Stormwater pump station. This will include a survey sketch and legal description of the proposed easement, for recording purposes. FUNDS AVAILABLE: Funds are available in 102001-3725-563005-3112, Drainage Maintenance MSTU, Stormwater Management. PREVIOUS ACTION: 7/14/98-Board approved a conceptual mitigation plan and authorized the expenditure of $2,000,000 from the ESL Fund for the project. 8/11/98-Board directed staff to seek an alternative funding source. 9/22/98-Board approved work authorization for Hazen & Sawyer to prepare and present conceptual plans for the Platt's Creek Mitigation & Stormwater Improvement project to the St. Lucie River Issue Team. The Board also gave authorization to apply for St. Lucie Issues Team Grant Funds in the amount of $1,000,000 for the purchase of the 102 acre site. 12/8/98-Board approved an engineering contract with Hazen & Sawyer for conceptual design in the amount of $7,020. 12/7/99-Board purchased the 102 acre site in the amount of $1,070,000. 12/14/99-Board approved an engineering contract with Hazen & Sawyer for design plans and permitting in the amount of $156,500. 01/00-Board approved authorization to apply for St. Lucie Issues Team grant funds in the amount of $760,180 for construction of stormwater improvements. 6/25101-Board approved authorization to apply for EPA Section 319 Grants in the amount of $380,000 for stormwater improvements. 6/25/02-Board approved authorization to apply for additional EPA Section 319 Grants in the amount of $150,000 for stormwater improvements. On April 13, 2004, the BOCC awarded the construction of the Platt's Creek Stormwater Project to WPC Industrial Contractors, Inc. in the amount of $2,745,740. On May 25, 2004, the Board approved Platt's Creek Stormwater Project — Work Authorization No. 5 (CO3-10-686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. On October 11, 2005, staff recommended the Board approve Platt's Creek Stormwater Project —First Amendment to Work Authorization No. 5 for Soil Testing with Dunkelberger Engineering & Testing Inc. for the Platt's Creek Stormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. On October 18, 2005, the BOCC approved Change Order No. 1 in the amount of $26,340.75 for modification to the Platt's Creek Stormwater Management Facilities project. The proposed modifications will improve the connection between the existing drainage facilities constructed in 2000 with the newly constructed stormwater management facilities. On December 20, 2005, the BOCC approved a reduction in the overall retainage of the Platt's Creek Stormwater Management Facilities project with WPC Industrial Contractors, Ltd. from ten percent (10%) to five percent (5%). On February 7, 2006, the Board approved Change Order No. 2 for a time extension to the Platt's Creek Stormwater Management Facilities project and approved a reduction in the overall retainage of the project with WPC Industrial Contractors, Ltd. from five percent (5%) to one percent (1%) for the remainder of the contract. On February 28, 2006, the BOCC approved Change Order No. 3 in the amount of $248,485.00 for improvements to the Platt's Creek Stormwater Management Facilities project. On October 9, 2007, the BOCC approved Change Order No. 4 in the deductive amount of ($44,520.00) and approved final acceptance of the Project. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the Third Amendment to Work Authorization No. 3 with Hazen & Sawyer Engineering for Surveying Services for Platt's Creek Mitigation Area and Stormwater Management Facilities in the amount of $1,900.00. COMMISSION ACTION: CONC CE: Approved 5-0 [� APPROVED [ ] DENIED [ ] OTHER Do gl Anderson County Administrator [ ]County Attorney '✓' [ ]Originating Dept. Public Works N' [ ] Executive Secretary (ENG) [ ]Purchasing Dept. [ ] Mgt. & Budget [ ] Road & Bridge [X] Copy to Finance [ ] Other EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY PLATT'S CREEK STORMWATER MANAGEMENT FACILITIES FPL EASEMENT MODIFICATION PROJECT DESCRIPTION The existing FPL easement at the Platt's Creek Stormwater Management Facilities was delineated prior to the placement of the FPL transformer. The easement is unnecessarily wide and does not fully contain the transformer. This scope of work has been developed in order to update the FPL easement to contain the transformer and to standardize its width. SCOPE Task 1 — FPL Easement Modification Hazen and Sawyer (Engineer) shall provide two (2) Sketch and Legal Descriptions; one (1) shall cover the abandoned portion of the existing easement and the other shall cover the proposed FPL easement. Engineer shall contact an FPL representative in order to update the onsite easement and coordinate with a certified surveyor in order to create the two (2) signed and sealed Sketch and Legal Descriptions. The surveyor shall perform all necessary survey work on the proposed site. Engineer shall provide one (1) draft of each Sketch and Legal Description to the County and FPL for one (1) review cycle. Engineer shall incorporate all relevant comments to the documents and provide two (2) copies of each final FPL Sketch and Legal Description to the County. KEY ASSUMPTIONS 1. Engineer does not anticipate any meetings with the County or other parties involved. 2. This scope does not include coordination of any documents with FPL other than the Sketch and Legal Descriptions. FtP:J:/ProposalsSt.LucieCounty123 Page 1 of 3 EXHIBIT B BUDGET ST. LUCIE COUNTY PLATT'S CREEK STORMWATER MANAGEMENT FACILITIES FPL EASEMENT MODIFICATION Fees for this project shall be on a lump sum basis. The total lump sum amount for this scope of services is $1,900.00 as follows: Task Task 1 — FPL Easement Modification TOTAL Cost $ 1,900.00 $ 1,900.00 FtP:J:/Proposa1sSt.LucieCountyl23 Page 2 of 3 EXHIBIT C WORK SCHEDULE ST. LUCIE COUNTY PLATT'S CREEK STORMWATER MANAGEMENT FACILITIES FPL EASEMENT MODIFICATION Task Expected Completion Date' Task 1 — FPL Easement Modification April 30, 2008 1. Notice to proceed must be given at least two weeks in advance of deadline. FtP:J:/Proposa1sSt.LucieCountyl23 Page 3 of 3 CO3-05-395 THIRD AMENDMENT TO WORK AUTHORIZATION NO. 03 Engineering Services Related to Stormwater Management Platt's Creek Stormwater Management Facility FPL Easement Modification Pursuant to that certain Agreement Between County and Engineer for Continuing Professional Engineering Services (the "Agreement') between St. Lucie County (the "County") and Hazen and Sawyer, P.C., Inc., (the "Engineer") dated May 13, 2003, the Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All additional services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, this day of ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: HAZEN AND SAWYER, P.C. BY: Print Name: Title: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO. G3 DATE: April 1, 2008 REGULAR [ ] PUBLIC HEARING [ CONSENT[X] PRE ENTED BY: Mic el Powlev. .E. County Engineer SUBJECT: Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 102001-3725-563005-425056 Drainage Maintenance MSTU - Stormwater Management PREVIOUS ACTION: 4/4/06 - Board approved Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update in the amount of $87,810.00 3113107 - Board approved the First Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for additional geotechnical services for Indian River Estates Phase I Design Update in the amount of $2,519.00. 12118/07 — Board approved the Second Amendment to Work Authorization No. 25 to the contract for Professional Engineering services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design in the amount of $13,100.00. RECOMMENDATION: Staff recommends Board approve the Th i r d Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for post design and construction services, as well as fuel storage tank permit application for Indian River Estates Phase I Design Update in the amount of $27,700.00, and authorization for the Chairman to sign. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x)County Attorney , `i [x]E Ph. 1 Up Dept. Public end3f IRE Ph. 1 Update wa 25 amend3 g.d CONCU CE: Dela-s-4M. Anderson M i County Administrator l i [x)Mgt. & Budget �% [x)Exec. Asst. [XjProj Mgr. M14 [ ]Other I DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: March 13, 2007 SUBJECT: Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. Indian River Estates Phase I Design Update BACKGROUND The design and permitting of the Indian River Estates Pump Station (Phase 1) was completed by Hazen and Sawyer. The project is currently under construction. The purpose of this amendment is to compensate Hazen and Sawyer for construction related post design services on an as -needed basis. In addition, we recently learned that a fuel storage permit for the diesel generator will also be necessary. Hazen and Sawyer will assist in this effort. The attached Third Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. is for post design and construction services, as well as fuel storage tank permit application for Indian River Estates Phase I Design Update in the amount of $27,700.00. THIRD AMENDMENT TO WORK AUTHORIZATION NO.25 Engineering Services Related to Stormwater Management CO3-05-395 for Indian River Estates Phase I Design Update Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement') between St. Lucie County (the "County") and Hazen & Sawyer, P.C. (the "Engineer") dated May 13, 2003, is hereby amended to provide post design and construction services, as well as fuel storage tank permit application in the amount of $27,700.00. The Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C'. All other terms and conditions of Work Authorization No. 25 (C-03-05-395) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: Print Name: Hazen and Sawyer Engineers, P.C. Date: EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY INDIAN RIVER ESTATES PHASE I CONSTRUCTION SERVICES PROJECT DESCRIPTION Hazen and Sawyer, P.C. (ENGINEER) shall provide engineering services to assist St. Lucie County (COUNTY) with construction administration I management during construction of the Indian River Estates Phase I project. The engineering services will include the following: SCOPE TASK 1 — CLARIFICATIONS AND DEVIATION REQUESTS ENGINEER shall assist in providing clarifications and Interpretation of the Contract Documents and other project related documents. Clarifications and interpretations will be provided to COUNTY within a timely manner. ENGINEER shall review contractor submitted deviations from the Contract Documents. Deviations may be for equipment, materials and/or construction sequence. Deviations may be related to Value Engineering (betterment) by the contractor, equipment/materials availability and/or constructability issues. ENGINEER shall review and provide recommendation to COUNTY within a timely manner. ENGINEER will provide services related to clarifications and deviation requests based on a two week schedule as follows: Maximum Engineering Hours Weeks from Per Two Week Notice -To -Proceed Classification Period 8 1 thru 4 Project Director Project Manager 16 5 thru 16 Project Director 4 Project Manager 8 17 thru 34 Project Director 2 Project Manager 4 FtP:JJProposaisSt.LucieCounty726 Page 1 of TASK 2 - FUEL STORAGE TANK PERMIT APPLICATION ENGINEER will provide engineering services to apply for a fuel storage tank permit. These services Include application for registration with the Florida Department of Environmental Protection and subsequent submittal to the St. Lucie County Health Department. ENGINEER will provide up to 16 hours of a Project Manager's time and 4 hours of an Administrative Assistant's time to make this application and respond to not more than one round of questions. ASSUMPTIONS 1. All correspondence under this agreement will go through the COUNTY. ENGINEER will not receive communication directly from the contractor and will not correspond directly with the contractor. 2. All information required by the ENGINEER to make appropriate reviews, If needed from COUNTY or Contractor will be provided by COUNTY. 3. COUNTY shall pay all permitting fees. 4. COUNTY shall provide all information required from the COUNTY or Contractor for preparation of the Fuel Storage Tank permit application. 5. If additional time is required during a two week period beyond that defined in Task 1, the ongoing work will be postponed until the next two week period. RP: J:/Proposa1sSt.LudeCounty126 Page 2 of 4 EXHIBIT B BUDGET ST. LUCIE COUNTY INDIAN RIVER ESTATES PHASE I CONSTRUCTION SERVICES ENGINEER proposes to complete this project on a not -to -exceed basis in the amount of $27,700. Total contract amount will not be exceeded without written authorization from County. Task Cost Task 1 - Clarifications and Deviation Requests $ 25,800 Task 2 - Fuel Storage Tank Permit 1,900 Total $ 27,700 FtP.JJPropossisSt.LucieCountyl26 Page 3 of 4 EXHIBIT C l WORK SCHEDULE ST. LUCIE COUNTY INDIAN RIVER ESTATES PHASE I CONSTRUCTION SERVICES Time to Complete Task from Notice to Proceed Task 1 - Clarifications and Deviation Requests 34 Weeks Task 2 - Fuel Storage Tank Permit Application TBD (1) Services are completed based on a two week schedule as described in Exhibit A. Work shall be complete on or before December 31, 2008. FIP:JJProposalsSi.LucieCountyl26 Page 4 of 4 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO. G4 DATE: April 1, 2008 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] PRES TED BY: A1PnV&',' Mich el Powley, , .E. County Engineer i SUBJECT: Change Order No. 9 to the contract with Dickerson Florida, Inc., in the amount of $182,175.25 for SR 615/S. 25" Roadway Widening (Midway Road —Edwards Road). Funds for the Change Order are available in the project contingency. Also request approval of reduction in retainage from ten percent to five percent ($825,658.14). BACKGROUND: Please see attached memorandums. FUNDS AVAIL. Funds are encumbered on P2712161 — Transportation Trust Interlocals - Eng. in 101001-4115-563000-4108 and 101006-4116-563000-4108 Transportation Trust — Impact Fees Funds are also encumbered on P2610870 and P2800836 101006-4116-563000-4108 Transportation Trust — Impact Fees Funds are available in 101006-4116-563000-4108 Transportation Trust — Impact Fees PREVIOUS ACTION: September 12, 2000 - BOCC approval of Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. June 28, 2005 - Board approved award of SR 615 S. 251h Street to Dickerson Florida, Inc., in the amount of $18,457,554.79. November 8, 2005 — Board approved Change Order No. 1 to the contract with Dickerson Florida, Inc., for SR 615 S. 25'h Roadway Widening (Midway Road —Edwards Road), in the amount of $49,349.55, for modification of plan quantities to facilitate construction. December 20, 2005 — Board approved Change Order No. 2 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road), for modification of plan quantities in order to ensure the safety of the public (and will not change the contract dollar amount). April 25, 2006 — Board approved Change Order No. 3 to the contract with Dickerson Florida, Inc., for SR 615 S. 251h Roadway Widening (Midway Road —Edwards Road), for modification of plan quantities and safety enhancements in the amount of $408,525.26. This also includes Midway Road and Selvitz Road Intersection Improvements. July 18, 2006 — Board approved Change Order No. 4 to the contract with Dickerson Florida, Inc., for SR 615 S. 25 Roadway Widening (Midway Road —Edwards Road), for modification of plan quantities, improvements, and additional safety features. This will not increase the overall project cost. February 13, 2006 — Board approved Change Order No. 5 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road), for additional services, to modify project quantities in the construction plans, and an additional 39 days. February 27, 2007, the Board approved a Joint Site Agreement with St. Lucie County School Board accepting $168,287.50 to redesign and construct intersections and entrances to the new Ft. Pierce Central High School at S. 25th Street. March 27, 2007 — Board approved Change Order No. 6 to the contract with Dickerson Florida, Inc., for SR 615 S. 25 In Roadway Widening (Midway Road —Edwards Road), in the amount of $463,711.49, to modify project quantities and signalization, and will require an additional 7 days. July 3, 2007 - Board approved Change Order No. 7 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road), in the amount of $201,485.08, to modify project quantities, including Ft. Pierce Central High School, and will require an additional 33 days. August 7, 2007 — Board approved Change Order No. 8 to the contract with Dickerson Florida, Inc., for SR 615 S. 25t Roadway Widening (Midway Road —Edwards Road), to reduce the contract amount by $717,084.95 RECOMMENDATION: Staff recommends approval of Change Order No. 9 to the contract with Dickerson Florida, Inc., for SR 615/S. 25" Roadway Widening (Midway Road —Edwards Road) in the amount of $182,175.25, approve a reduction of retainage from ten percent ($1,651,316.29) to five percent ($825,658.14), and authorization for the Chairman to sign. COMMISSION ACTION: [y� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney [x]Originatin Depl. Public Works NFinance S. 25" Widening Dickerson C09.ag.doc UoGgla!f M. Anderson County Administrator Coordination/S%ianatures [x]Mgt. & Budget "� Ix]Exec. Asst.._2ft_M Ix]Prog. Mgr. [ ]Other DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: April 1, 2008 SUBJECT: SR, 615/S. 25`h Roadway Widening (Midway Road —Edwards Road) BACKGROUND Change Order No. 9 to the contract with Dickerson Florida, Inc., in the amount of $182,175.25 for SR 615/S. 25`h Roadway Widening (Midway Road —Edwards Road). This change order includes modifying project quantities, revisions to the Bell Avenue plans to add signalization, completes the new Ft. Pierce Central High School driveways, and provides for revisions to the irrigation and landscaping plans to reduce maintenance by incorporating Xeriscape concepts. This change order will also provide 244 additional days to the contract compensating the contractor for delays beyond their control and extending the contract to allow for the long lead time for acquiring mast arms to signalize the intersection at Bell Avenue. Lastly, the project is nearing completion so a reduction in retainage is also appropriate. It is important to note that the signalization at Bell Avenue is not part of the originally approved work. This improvement has been incorporated without an increase in the project budget. DIVISION OF ENGINEERING MEMORANDUM TO: Mike Powley, County Engineer FROM: Chester Belcher, Project Manager DATE: April 1, 2008 SUBJECT: SR 615/S. 251h Roadway Widening (Midway Road —Edwards Road) Ft. Pierce Central High School February 27, 2007, the Board approved a Joint Site Agreement (JSA) with St. Lucie County School Board accepting $168,287.50 to redesign and construct the intersection and entrance to the new Ft. Pierce Central High School at S. 25th Street. These funds have been placed in the project budget. The Board approved Change Order No. 7 on July 3, 2007. A portion of that change order ($134,793.41) contained work related to the high school. Change Order No. 9 will complete the new Ft. Pierce Central High School driveways. Funds still remain unspent relative to the JSA with the school board. Change Order No. 7 $134,793.41 Change Order No. 9 $ 29,745.19 Total Paid by School Board (to date) - $164,538.60 All construction costs for the new Ft. Pierce Central High School on S. 251h Street have been paid by the St. Lucie County School Board with no costs incurred by the St. Lucie County Board of County Commissioners. CHANGE ORDER ST. LUCIE COUNTY PROJECT: S. 251" St. Widening (Edwards Rd. — Midway Rd.) (name, address) TO (Contractor): Dickerson Florida, Inc. P 0 Box 910 Fort Pierce, FL 34954-0910 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED CHANGE ORDER NUMBER: 9 INITIATION DATE: 3/21108 CONSULTANT'S PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: C05-06-326 CONTRACT DATE: 6/28105 The original (Contract Sum) was......................................................................................................................... $18,457,555.00 Net change by previous authorized Change orders................................................................................................. $405,986.43 The (Contract Sum) prior to this Change Order was........................................................................................... $18,863,541.43 The (Contract Sum) will be increased bythis Change Order............................................................................................................................................... $182,175.25 The new (Contract Sum) including this Change Order will be............................................................................ $19,045,716.68 The Contract Time will be increased by......................................................................................................................(244) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 8/31/08 Funds Available: Account Number 101006-4116-563000-4108 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that 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: St. Lucie County, Engineering Division Architect/Engineer 2300 Vir i i ve. Ft. Pierce FL 98 2 Addres i 3/21/08 By: Chester Belcher, Pr ct. Mgr. Date Agreed To: Dickerson Florida. Inc. Contractor P O Box 910, Fort Pierce, FL 34954-0910 Address Approved: Public Works Deoartment St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 3/21 /08 By: Donald B. West, P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness By: Date County Attorney Project: South 25th St. Widening (Edwards Road -Midway Road) CHANGE ORDER # 9 Contractor Dickerson Florida, Inc. Notice to Proceed Date'8/872005 f:mn-lwtw ❑afe8/372008 y ,ry y ,?' �`{{Y>'1? ` "�', .. ,'))dad'. mil•} }.4 101-1 Mabilixslion LS 100 $1 GoN1 $10,OD000 102 3 Remove and Relay Pipe 124") LF 105 00 58511 11111,21 102-14 Tnfhc Cc,h.l Officer MH 2B000 $292B 55201.20 102-00 Work lone Sigrm ED 10,OWW S0.23 $2,300.0g 102-74-1 Beraced.(Temp.J(Type 1.2, VP S Drum) ED 08,5460g SD. 15 $14,481.90 102-74.2 Barricaae(Temp.)(Type 3)(8') ED 4.600.00 So.43 $1,978.00 102.77 High lmenaitV Flashing Light.ITS-Type B) ED 4,603.W $0.43 $1,97929 102-Ta Marker. P,Vam tRalh iw(Tereporary) FA 3, W0,00 $3.35 $10,050.00 104.11 Fleming Turbidity Barrier LF 500.00 $1065 e5,325.00 104-12 Staked Turbidity Barrier LF So N US.32 $2.660 W 104-13-1 Staked Sill Fe (Type ill) LF 5NON $10] 25,350.W 110-1-1 Clearing B Grabbing AC 0.40 $4,190.00 $1,676.W 110A Removal of Existing Pavement BY 114.73 S14.00 $1,006,22 1Jo. Spec. Removal of Existing Pavement(T-B Materials) LOG 2.00 11,251.:0 $2,503.20 t20.1 Regular Exoavetion CY 3"00 f17.09 f8,562.5S 120-6 Embankme, CY 68,00 f11.83 W.14 120-74 Surcharge Embankment CY -16,548.42 $10.1B (518B,442.56) 150< TVPeB Snabeiration(12") 5Y OWN $0375 $2. 72SID 2B54 Optional Base(Base Group 9) SV 531.00 $1.14 $6.384.34 334.1.13 Su...... Asphaltic Corona. (in. Bit) 01/2") TN 4320 111.11 U.392.42 33i1 veling As,h.O(LaS 0..bull TN 330W E144.00 .47,520.00 337-7-0 Asphaltic Concrete Friction Caulie III BitlRubber) PC 12.5 V l rRj IN 43.20 $76.SO f34094B 400.1-11 Concrete Clear I (Re ael, Wall) CY 501 S695.00 S3,4T5.00 425-1-579 Inlet. DT Bot Type C. Special (20'SO0" Inlet) EA 1.00 f5700.0D f5, 700.00 425-Ref-381 InoM Cure Type P-0)(>10'I"Relocate S. 427)(Include a Golfer) EA 7.00 f4,OW.W 54,W0.00 254ie1- 361 InIse Curb Type P-a7 (11 T) ( Relocate S-651) EA 1.00 f4,0W.W 54, NOW 43071-Ot Pipe Culvert Optional Metal(CMP Only- Modlly)(0'-24") IF 1.00 11,100.10 11,20100 420171-125 Pipe Culvert Optional Material(361091 LF B.W f51.39 f41112 430.1]1-1Z9 Pipe Culvert Gobi Matnial(66)(24") LF 35W $5822 5198].]0 615.1.2 Pipe Harrell (Aluminum) (2 Ra18 LF 30.W $25.5 f751.60 515-2-301 Feaesmen RMling tAlumnnum Only)(12' Picked Railing) LF 900 $47.30 S425, 70 515-2-W2 Smyple7Peaestrlan Railing (Aluminum Only) (54" Picket Railing) LF 122.10 i51.68 Se301.10 520-I f0 COnerele Curb S Gull (Type F) LF 32100 f12.B1 $4.741.11 522-1 Cpncrse. Snesseek(4") SY -7758 f99.22 (53,042.691 522-2 Concree 3idewalN (B") SY 49it: 551, 31 li24,976.11 524-i-2 Concrete Ditch Pavement(Non-Reirdorced) 5V 40.00 I-B0 51,704.W 575-7 Sodding (Bell.) SY 4784. Do $1.33 $11682.72 ]W-40-1 Si9.(Single Past)(Less than 12 SF) AS 2.00 S229.0n $45800 7WAS-16 Sign Panel F81 (15'SF or Less) EA 2400 f17752 $4,260.4E 70D-4B-2B Sign Panel (15' SF or Less) EA .17.Oo $ 0.52 ($1 538.84) ]00-17 Painted Pavement Marken, Rai SF 800.00 t2.30 t1,840.W 7U5-]1 Tubular Dahil pr(Flexible) EA 2.00 348,00 28600 ]10-23-01 Solid Traffic Strip. (White]Black)(II NM 1023 SB18.W f6,323.99 710-24-01 Solq TraMC Stripe (Ytllow)(S') NM 10.23 551B4O0 fB.33423 710. Directional saeasagea, Painted EA 400 $19, 17 $76.88 Slgnel Mod Modify Luminaires EA 21 557501 f1,150.00 Mm- Closure Close MI Opening a Midway Road LS 1. IN 55941.83 f5,941 93 Road Conatruclien Quantity Adjuabnent Sub -Total $67,305.98 •••••• Lmduads,pirtg IS kdgMba '••• •.••••• •••••: •••••• SB1-2 Ground Cw FA -9.620 W $548 ($52,717.80) 582-2 Shrubs EA -75.300.00 11.11 (S1a2.748.00) 5834 Tree. EA -203.00 fWD.W (f101,500.ON) 584-4 Palms, Singe Trunk EA -33.00 111W (f12,045.W) SYS-14 Sodding (51. Augustine) SY -9.344.00 $2.08 (325,041.82) 590-70 Indigent' System LS .1.00 5B19B220 (SBI 89220) SBO-173 Wish BY 4,423. DD f3 B3 518,9400E SBI-2-1 Orn-atel Peen in Plaid SY 1154200 $331 53B,S3502 SB1-2-2 HMlmelk Bulbine EA iD,SW.W f2.36 S24,921.80 581-/ Pavan SF 33.367.00 $4.90 5186J 11 Set 59D-ID Irrigation SyM LS 1.00 $108,650.22 $108,650,22 LalMawping S brlgMion Sub-Trrtal (370,836.13) •""' Ball Ave Slynalkaean 6300-13DB ptluui6(Unnddr LF 26B.W f.W f41,, 320.W 63 Cnit(F81)Uwpoum LF 21 1426 124.S4 31-7-1 Cable (Spnal)(F&V PI 1,00 $3,821,00 $3,621.W 35-1-11 Pull SJ.-S. So.,(F81)[Pull Box] EA 1200 $28731 $3,207.]2 39.1-12 Electrical Power Service Ov lust(F61) AS 100 $1,258.25 $1,259. 39.2-1 Electrical B.-Wir.(Fell LF eb 00 52.11 S13].15 48-124<03-ASJ. Meat Arm Assembly e4-B1-D3) EA 1.0 S41,, 958.90 51,,9B..W 4J13-003 Meet AnAssembly (B3-D2) EA 00 1 7 W 41- 655313 TraOw Slgel (3-Seco 0 f18530522166 692,00 f75BDO 65 hM5 AS 2.W $1,011.10 f2,02Z.0D 853181 Pedestrian Skesul(LED)(1 Way) AS 200 f661.W 51,302.00 SSD-101 Signal Head Auxiliaries(Sack Plates 3 Sect.) EA 200 $135.00 f27D.W 658-iW Signal Head Auxilan., (Tunnel Visor) EA 22.00 $B.62 $1.7. 659.1W Signal Head Auxeiariea(Steal Pedestal) EA 1no SaTD.DD fe7000 663-]4-11 Vehide Oereclar Aaeemdy AS 3.00 $10.200.W $30 B0000 695.11 Pedestrian Detector EA 2.00 $67.33 1174.SO 87g-5-112 Actual Sand Stale Contrplbr Aseemaly AS 1.00 f1B550.W 51865000 680.111 System Ccnlrol Equipment (Maateq EA 1.00 55,484. BO 55,489.80 61 System Auxiliaries Unine Said. Power Service EA 1.00 $4,207.:5 S4,Z07.85 885-157 System Auxiliane. FKS Modem MuB Face Panel EA 1.W $487.60 $487.00 899-1-1 Sign,Internally lllumiustad(Snast Name) FA 3.W 51,970.00 S5,910.0 70048-16 Sign Panel(15 SF or Les.) EA SW 548.00 $IR DO Bell Ave Sgns lioatk n sub -Total fi55,B80.31 •••••• Fort PNrce Central Hl actual ^• ""•• 110.4 Reel ofExisbng Pavement 5Y 8.IN $14.W $112.00 120-1 Regular Excavation CY 1B.00 f17.OB f307.02 120-8 Embankment CY 1,428.W f11. B3 f16, 993.24 425-I-521 Inlet IDT Sol Te C1(-10') yp EA IM f2,0W.00 $2,03000 4251421 lost(OT Suit Type C)(ef0') 1111. y) EA 1.00 f14W.00 51450.W 425.1-521 I-(DT BM Type C)(41U')(Atllurho l) EA 1W $1.200.00 $1.200.00 430.171.1]3 Pipe Culvert Ophonal Materiel(SS)(15"1 LF 13.00 f51,39 5888. D7 520-1-10 Concrete Curb 6 Gu0sr(Type F) LF 3500 f12.B1 f151.B5 522-1 Concee Sidewelk(4") SY .117 $39,22 ($458.87) 522.2 Concrete Sid-11,(61 aY 47.30 f51.31 32,126.BS 700 1 Sign (Single Past)(Less than 12 SF) AS 6W $229W $1,37.00 7W-40.2 Sign(Single Poalf 112-25 SF) AS 2W 551].W $1,03... 7W-4e-2B Biig,(Single Past)(15 SK eLess) EA 2.00 it, 52 $181.04 710-30 Real Pilot (Island l l YS rep SY 3.00 321.30 $63.90 711-3 Pave i Mea..gas, Than"Pla.lic EA 200 f104.37 521111 ]11-4 Directional An- Thermoplastic EA 13W 140.17 f528.11 T11-5-i Guide Lines, Thermopla.tic(Whila) LF 112.0 $073 59116 T11.31 Skip Title, Stripe, Thermoplastic (6"White) GM 004b $706N f3f 12 ]11-34 Skip Traffic Stripe, Thermoplestk(6, Yellow) LF 72.0 1012 f30.21 ]f1-35-121 Skip Traffic Stripe. Thermoplastic (12'WhaelBlack) LF 273.W 52.13 S50149 711d7-61 Skip Traffic Stripe, TO IS to (B" Whaaelar, NM 0.2a $2.190.00 $508.82 711-3841 Skip TrefOO Stripe, Themeacretic IS' Y.i NM -0.03 S2.3W.00 (f57.50) Fort Pisrlr Central Nigh School SubTot.l (RalmbureeabM) $21,745.19 S lover 1 f152,175.251 APPLICATION FOR PARTIAL PAYMENT NO. a (The followino to be completed by the Contra rl• PROJECT NAME STATE ROAD N0.615 (25TH STREET) ENGINEER'S PROJECT NO. 02-012 _ OWNER: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, Ft ORIOA CONTRACTOR: DICKERSON FLORIDA INC BEGINNING DATE: August 8. 2005 APPLICATION AMOUNTIDATE: $t839.901.96 NO. CAL DAYS 730 FOR PERIOD ENDING:_2124/08 SCHEDULED COMPLETION DATE: TABULATION OF AMOUNT DUE THIS APPLICATION BY CONTRACTOR AS APP. BY ENG. TOTAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") $ 16,553,144.09 $ Ito� 27_4 ,7?9, j 0 CHANGE ORDER NO._1_C$_49,349.55_4L98_%COMPLETED(+) CHANGE ORDER NO._2_@f_0.00_*_—%COMPLETED(+) CHANGE ORDER NO_3_®$_408,525.2e_4L91_%CDMPLETED(+) CHANGE ORDER NO._4_o$_0.00_o_%COMPLETED(+) CHANGE ORDER NO. 6_®$_0.00_S_%COMPLETED(+) CHANGE ORDER NO. _5_G$_4e3.711.49AL93_%COMPLETED(+) CHANGE ORDER NO._7_®$_01,485.08_O_83_%COMPLETED(+) CHANGE ORDER NO. _e_®$= 717,084.95_tL100%COMPLETED(+) Previous Payments: GROSS AMOUNT DUE $ 16,798,039.22 S 13 #1 $176,426.03 5% RETAINAGE (-) $ 839,901.98 92 $235,341.57 AMT DUE TO DATE $ 15,9W.137.28 #3 $408,381.53 LESS PREV. PAY. (-) $ 15,118235.30 $ #4 $170,363.42 AMT DUE THIS APP. $ 839.901,96 g #5 $128,8W.38 #5 $299,254.00 #7 S434,874.39 #15 $694,749.13 #23 $1,115,644.82 #8 $393,489.97 #16 $978,346.16 #24 $ 790,075.09 #9 $392,680.25 #17 $763,532.75 #25 $ 020,723.98 #10 $489.939.69 #18 $450,629.88 #26 $ 518,447.29 #11 $253,190.57 #19 $881,4W.04 #27 $ 503,856.50 #12 $361,286.32 #20 $747,551.36 #28 $ 178,877.11 #13 $770,630.16 #21$850,746.86 #29 $ 205,134.99 #14 $268,455.45 #22 $977,609.67 Total $14,858,711.58 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all previous payments received by the Contractor under this Contract have been used to discharge In full all obligations for work covered by such payments. CONTRACTO ORIDA INC DATE: March 3.2008 BY: TITLE: VICE PRESIDENT COUNTY OF ST LUCIE STATE OF FLORIDA Before me this -3d day of March, 2008, personally appeared Baia Barrile, known to me, who being duly swom, did depose and say that he is the Vice PreskleM (office) of the Contractor above mentioned; that he executed the above application for payment and statement on behalf of said Contractor; and that ayeli MWrAd#herein are etrue, correcct,t, and complete. My commission expires: Cbtsnl#00074U00 i U(yJi�� l aj )� N 4 ErOMw IIU9014 r4sAle NeYryAe�"Ies TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The above application for payment by the Contractor has been reviewed by the Engineer hereby approves the payment under this application in the amount of SUBJECT TO CONTRACTOR SIGNING ABOVE AFFIDAVIT. xc: Finance Officer DATE: ST.LUCIE COUNTY ENGINEERING DEPT. APPROVED BY: St. Lucie County En4ineerin0 Dept. MiclWal .r�d.LY�A„{/ Pudic Works Director CHECKED BY; _ PREPARED BY: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ITEM NO. G5 DATE: April 1, 2008 REGULAR [ ] PUBLIC HEARING [ CONSENT[X] PRES TED BY: Micha I Powley,1P.E. County Engineer SUBJECT: Emergency Joint Participation Agreement (JPA) ANX-51 (Hurricane Frances) with Florida Department of Transportation for repair to the first mile of Indian River Drive. Request permission to release unneeded funds encumbered in the JPA to FQOT. BACKGROUND: Please see attached memorandum. FUNDS AVAIL. n/a PREVIOUS ACTION: 4/5/05 — Board approved the Emergency JPA with the Florida Department of Transportation in the amount of $12,852,573.00 for repairs to County roads damaged by Hurricane Frances. 7/12/05 — Board approved Budget Resolution No. 05-270 and establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $12,852,573.00. 8/15/06 — Approval of Amendment No. One to Emergency JPA ANX-51 with Florida Department of Transportation for Repair to County Roads damaged by Hurricane Frances for the purpose of redistribution and decreasing funding for items that were in excess over the actual costs incurred. Total amount of reduction is $3,867,572.00. 10/26/06 - Board approved a revision to Amendment one of the Joint Participation Agreement with the Florida Department of Transportation for reimbursement of costs related to Hurricanes Frances. The revision is an increase of $141,000.00 to the County. RECOMMENDATION: Staff recommends approve the release of $607,339, which is unneeded on Emergency JPA ANX-51 with Florida Department of Transportation, and signature by the Chairman. COMMISSION ACTION: [J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [ x ]County Attorney "."4- [ x ]Originating Dept. Public Works} - [X]Grants Writer ANX51.ag.doc DougW M. Anderson iCounty Administrator Coo ination/3i n rea [ x ]Mgt. &Budget [ x ]Exec. Asst.--6le10V—\ [ ]SPE [ ] Road/Bridge DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: April 1, 2008 SUBJECT: Emergency JPA ANX-51 (Hurricane Frances) with Florida Department of Transportation for Repair to the first mile of Indian River Drive. Release of unneeded funds to FDOT. BACKGROUND Emergency Joint Participation Agreement (JPA) ANX-51 with Florida Department of Transportation is for repair to the portion of Indian River Drive severely damaged by Hurricane Frances. In general terms, this is the first mile beginning at the Martin County line. Approximately $1,127,839 remains on the JPA. The County has yet to be reimbursed for our off -site fill quantities in the amount of $520,500. This single item has been under discussion for almost two years. In recognition of our insistence that we want full payment, the value of that work has been excepted from the release request. This leaves $607,339. FDOT and FHWA are requesting that we authorize them to release this amount. A concern with releasing these funds is that St. Lucie County still has considerable exposure (on the order of $ 4.85 million) on our costs to repair the remaining portion of Indian River Drive (13 miles +/-) which is covered under a separate agreement. Staff has responded to seemingly endless requests for additional information regarding our reimbursement for the Hurricane Jeanne damage (ANS-69).The last submittal was sent at the end of March. It is our intention to continue discussion of our reimbursement at higher levels than Ft. Lauderdale FDOT. FDOT is advising us against withholding the Frances funds to cover costs associated with Hurricane Jeanne costs. Please see the attached email from Cleo March, P.E. to County Administrator Doug Anderson. At the end of the day, staff feels we are obligated to trust the advice of FDOT and authorize the un- needed funds from Hurricane Frances to be released. Therefore, staff recommends the release to the Board. Michael Powley - Hurricane Funds From: "Marsh, Cleo" <Cleo. Marsh @dot. state. fl.us> To: "douga@co.st-lucie.fl.us" <douga@co.st-lucie.fl... Date: 3/19/2008 3:54:34 pm Subject: Hurricane Funds CC: "powleym@stlucieco.gov" <powleym@stlucieco.gov>... This is to follow up on our discussion this afternoon in reference to the hurricane funding regarding the FHWA ER program. We are requesting the release of approximately $600,000 from ANX51 with the understanding that we have received the last invoice for Hurricane Frances. The current remaining encumbrance is $1,127,839 of which we have received a final invoice for $520,000. The remaining moneys can be released upon receipt of concurrence by the County. We understand the concern the County has with respect to the additional issues for ANS69 and ANX76. We will continue to work with the County and act as its agent in securing all funds available throught the FHWA ER program. We will forward all information to the FHWA upon receipt, but they will have the final say on its acceptance. Upon receiving approval from FHWA we will program additional funds and ammend the JPA accordingly. If you have any questions please call me to discuss. Cleo Cleo A. Marsh, PE District Maintenance Engineer - District 4 Office 954-7774202 Fax 954-777-4223 i AGENDA REQUEST "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C — H DATE: April 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRES ED BY: Au—ichael V. Powle , P.E. County Engineer SUBJECT: Approve Change Order No. 3 in the amount of ($18,815.03) for the Prima Vista Boulevard Reconstruction — Rio Mar Drive to U.S. 1 to make adjustments to the plan quantities. Also, the final contract completion date is being extended from December 16, 2007 to May 31, 2008 to be able to pay the final invoice. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are encumbered on P2712224 and P2810760 in 318-4113-563000-4101 (County Capital Transportation Local Option Gas Tax Constitution). PREVIOUS ACTION: January 2001— Johnson -Davis, Inc. sealed the joints of several leaking pipes and reconstructed a collapsed portion of roadway in the amount of $9,950.00. March 11, 2003 — Board approved the contract with Shenandoah Construction in the amount of $3,950.00 for video inspection of the stormwater system. June 15, 2004 — Board approved the allocations of funds in the amount of $100,000.00 for emergency repair to a portion of Prima Vista Boulevard. Johnson -Davis, Inc. was contracted to replace two failed structures, several segments of fractured pipe, and reconstruct a collapsed portion of the roadway. July 13, 2004 — Board approved Work Authorization No. 1 (Contract CO3-09.708) to Inwood Consulting Engineers for design plans. March 20, 2007 — Board approved to award the construction to Dickerson Florida, Inc. in the amount of $2,414,086.73. March 27, 2007 — Board approved Work Authorization No. 1 with LBFH, Inc. for Construction Engineering and Inspection Services in the amount of $245,142.86. March 27, 2007 — Board approved Work Authorization No. 2 with Dunkelberger Engineering & Testing for Construction Materials Testing in the amount of $25,000.00. August 28, 2007 — Board approved Change Order No. 1 to Dickerson Florida, Inc. in the amount of $51,987.30. October 23, 2007 — Board approved Change Order #2 to Dickerson Florida, Inc. in the amount of $247,606.46. t RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign Change Order No. 3 in the amount of ($18,815.03) for the Prima Vista Boulevard Reconstruction — Rio Mar Drive to U.S. 1 projecVq COMMISSION ACTION: k APPROVED [ l DENIED [ ] OTHER Approved 5-0 Dou Anderson 9-7 County Administrator [x] County Attorney 1 ixJ mgb. w .,. ,.t [x] Finance M [x] Originating Dept. Public Works ` [x] Project. Man. M K [x] Exec. Assist. bok" DIVISION OF ENGINEERING MEMORANDUM TO: Michael Powley, P.E. — County Engineer FROM: Michael Harvey, E.I. — Engineer Intern M R DATE: March 21, 2008 SUBJECT: Prima Vista Boulevard Reconstruction — Rio Mar Drive to U.S. 1 Change Order No. 3, a deductive change order in the amount of $18,815.03, is required to make adjustments to the plan quantities. The project has been completed in the allotted time. Also, with this change order the final contract time is being extended from December 16, 2007 to May 31, 2008 to allow for final payment. An agenda item requesting Board acceptance of the project and other associated actions will be forthcoming. CHANGE ORDER ST. LUCIE COUNTY PROJECT: Prima Vista Blvd. Reconstruction (name, address) (Rio Mar Dr. to U.S. #1) TO (Contractor): Dickerson Florida, Inc. P O Box 910 Fort Pierce, FL 34954-0910 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) CHANGE ORDER NUMBER: 3 INITIATION DATE: 3/21108 CONSULTANTS PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: C07-03-160 CONTRACT DATE: 3120107 Theoriginal (Contract Sum) was........................................................................................................................... $2,414,086.73 Vet change by previous authorized Change orders................................................................................................. $299,593.76 The (Contract Sum) prior to this Change Order was............................................................................................. $2,713,680.49 The (Contract Sum) will be decreased )y this Change Order............................................................................................................................................... ($18,815.03) The new (Contract Sum) including this Change Order will be................................................................... $2,694,865.46 The Contract Time will be increased by...................................................................................................(166) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 5/31108 =unds Available: Account Number 318-4113-563000-4101 'he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/ortime adjustment due orowed he Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that he 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 coder this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a esult of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope if the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor hat the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change )rder after it is property executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie County, Ennineerina Division Architect/Engineer 2300 Virainia Ave.. Ft. Pierce FL 34982 Address 3/21 /08 By: Michael Harvey, E.I., Pmj. Mgr. Date Agreed To: Dickerson Florida. Inc Contractor P O Box 910, Fort Pierce, FL 34954-0910 Address Approved: Public Works Department St. Lucie County Department 2300 Vir-ginia Ave.. Ft. Pierce, FL 34982 Address 3/21/08 By: Donald B. West, P/W Dir, Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness By: Date County Attorney 4-4 Project: Prima Vista Blvd Reconstruction - Rio Mar Drive to U.S. 1 CHANGE ORDER #3 Contractor Dickerson Florida, Inc Notice to Proceed Date April 16, 2007; Contract Time: May I6, 2007 Additional Time: 166 Dave Comnlete Date: 6-31-0R '+ '_.9`. xf. .. .°. 6Y�y.2�t.„ .}•f� 102.74-2. t*t� tt'�- �"� x.,ys'•��.sn �`�! J J e£'4R .4k'k' ' !#',E p,`_5 Barricade (Temporary)(Typea III)(61 v ED r 4 -62.00 $0.55 ($34.10) 102-77 High Intensity Flashing Lights (Temp. - Type B) ED -1,289.00 $0.43 ($554.27) 102.78 Marker, Pavement Reflective (Temporary) EA -282.00 $3.50 ($987.00) 104-13-1 Staked Silt Fence (Type III) LF -1.372.00 $1.50 ($2,058.00) 104.16 Rock Bags EA -250.00 $11.00 ($2,750.00) 110-7-1 Mailbox (Furnish and Install) EA -5.00 $165.00 ($825.00) 520-1-10 Concrete Curb & Gutter (Type F) LF -176.70 $16.00 ($2,827.20) 520-70 Concrete Traffic Separator (Special) SY -12.67 $91.00 ($1,152.97) 522-2 Concrete Sidewalk (6" Thick) for Driveways SY -263.46 $56.00 ($14,763.76) 575-1 Sodding (Match Existing) SY -2,080.00 $2.75 ($5,720.00) 711.33 Skip Traffic Stripe, Thermoplastic (6" White) LF -2,853.00 $1.00 ($2,853.00) 711.35-121 Solid Traffic Stripe, Thermoplastic(12" White) LF -42.00 $2.00 ($84.00) 711.35.241 Solid Traffic Stripe, Thermoplastic (24" White) LF -4.00 $4.00 ($16.00) Unsuitable Soil Removal 120-6 Embankment CY -518.00 $90.00 ($46,620.00) 102.14 Traffic Control Officer MH 47.00 $50.00 $2,350.00 102-60 Work Zone Signs ED 2,215.00 $0.32 $708.80 102.61 Business Signs EA 8.00 $55.00 $440.00 102-74-1 Bamcade (Temporary)(Types I,II,VP, & DRUM) ED 137.00 $0.21 $28.77 102-99 Variable Message Sign (Temporary) ED 25.00 $22.00 $550.00 102-912-2 Pavement Markings, Removable (Yellow)(Solid) LF 1,581.00 $2.75 $4,347.75 110-4 Removal of Existing Concrete Pavement SY 31K40 $14.00 $4,457.60 110-7-IA Mailbox Relocation EA 5.00 $115.00 $575.00 285-713 Optional Base (Base Group 13) SY 135.45 $40.00 $6,418.00 620.1.7 Concrete Curb & Gutter (Type E) LF 114.80 $17.00 $1,951.60 520-2-4 Concrete Curb (Type D) LF 98.00 $11.22 $1,099.56 522.1 Concrete Sidewalk (4" Thick) SY 255.65 $39.00 $9,970.35 530-3A Rock Rubble Rip -Rap TN 16.87 $64.00 $1.079.68 706-3 Reflective Pavement Markers EA 112.00 $5.50 $616.00 711-4 Directional Arrows, Thermoplastic EA 1.00 $50.00 $50.00 711-35.61 Solid Traffic Stripe, Thermoplastic (6" White) LF 714.00 $1.00 $714.00 711-35-81 Solid Traffic Stripe, Thermoplastic (8" White) LF 246.00 $1.30 $319.80 711-35.181 Solid Traffic Stripe, Thermoplastic (18" White) LF 10.00 $3.00 $30.00 711-34 Skip Traffic Stripe, Thermoplastic (6" Yellow) LF 325.00 $1.00 $325.00 711.36.61 Solid Traffic Stripe, Thermoplastic (6" Yellow) LF 860.00 $1.00 $860.00 711-36-181 Solid Traffic Stripe, Thermoplastic (18" Yellow) LF 69.00 $3.00 $207.00 999-99B Traffic Signal Loops LS 1.00 $12,642.81 $12.642.81 999-99C Bicycle Protection Rail LS 1.00 $2.581.75 $2,581.75 Unsuitable Soil Removal 999.99A Organic Soil Removal CY 176.00 $63.05 $11,096.80 Total ($18,815.03) L Agenda Request Item Number Date: 04/01 /08 Consent [ X ] Regular [ ] Public Hearing ( ] Leg. [ ] Quasi -JD [ To: Board of County Commissioners // P see By Submitted By: Growth Management Gro)kfh __ nagement Director SUBJECT: Request of Acorn Development, to record a Final Record Plat for the project known as Queens Island Preserve, consisting of the development of 16 Single -Family Lots on 26.44 acres located approximately 3 miles north of the Fort Pierce Inlet State Recreation Area. BACKGROUND: Acorn Development has submitted to the County Engineer, the required construction plans and preliminary record plats prepared in accordance with the requirements of Chapter 177, Florida Statutes, the approved Site Plan and the provisions of the St. Lucie County Land Development Code. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On October 9, 2007, the Board of County Commissioners approved Resolution No. 07- 291 granting Major Site Plan approval and Certificate of Capacity for Queens Island Preserve. RECOMMENDATION: Staff recommends that the Board approve the final plat of Queens Island Preserve and authorize staff to proceed with its final execution, with the following conditions: 1) Final Plat shall not be recorded in the public records of St. Lucie County until the required Subdivision Improvement Agreement and surety have been provided to the County for BOCC acceptance and approval and 2) Final Plat shall not be recorded in the public records of St. Lucie County until the County Surveyor or his designees have completed the field verification of the required survey markers. Required survey markers shall include all lot corners. The developer will be allowed the option of bonding the cost of setting the lot corners within the proposed subdivision. COMMISSION ACTION: APPROVED L-1 DENIED OTHER Approved 5-0 Coordination/ Signatures inty Attorney �f' Mgt. & Budget: Originating Dept.: Environ. Res. Div. L - Mg i I P d Finance: Road and Bridge Div. C I �. �Ngit9ter" .T 9duglas M. Anderson County Administrator Purchasing: Other: I 1 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Director, owth Management FROM: Peter W. Jones, AI ning Manager DATE: March 21, 2008 SUBJECT: QUEENS ISLAND PRESERVE MJSP 820071304 REQUEST OF ACORN DEVELOPMENT TO RECORD A FINAL RECORD PLAT BACKGROUND On October 9, 2007, the Board of County Commissioners approved Resolution No. 07-291 granting Major Site Plan approval and Certificate of Capacity for Queens Island Preserve. The project consists of the development of 16 Single -Family Lots on 26.44 acres located approximately 3 miles north of the Fort Pierce Inlet State Recreation Area. Acorn Development has submitted to the County Engineer, the required construction plans and preliminary record plats prepared in accordance with the requirements of Chapter 177, Florida Statutes, the approved Site Plan and the provisions of the St. Lucie County Land Development Code. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the final plat of Queens Island Preserve and authorize staff to proceed with its final execution, with the following conditions: 1) Final Plat shall not be recorded in the public records of St. Lucie County until the required Subdivision Improvement Agreement and surety have been provided to the County for BOCC acceptance and approval and 2) Final Plat shall not be recorded in the public records of St. Lucie County until the County Surveyor or his designees have completed the field verification of the required survey markers. Required survey markers shall include all lot corners. The developer will be allowed the option of bonding the cost of setting the lot corners within the proposed subdivision. PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 25, 2008 SUBJECT: Queens Island Preserve Warranty Deed - Resolution No. 08-102 Conservation Easement - Resolution No. 08-103 BACKGROUND: On October 9, 2007, the Board of County Commissioners approved Resolution No. 07-291 granting Major Site Plan approval and Certificate of Capacity to Queens Island Preserve subject to conditions. Condition Number 7 stated all lands within the property on the West side of Highway AIA, and West of the 50-foot Upland Buffer shall be dedicated to St. Lucie County. We have attached the Warranty Deed executed by Acorn Real Estate, LLC for your review and acceptance. Condition Number 19 stated all preserve areas shall be dedicated to St. Lucie County. We have attached the Conservation Easement executed by Acorn Real Estate, LLC for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed and Conservation Easement, authorize the Chairman to sign Resolution No. 08-102 and Resolution No. 08-103 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, J nn Riley Property Acquisition Manager SAACQ\W Wonservation Easements\Queens Island Preserve\Agenda Memompd A petition of Queens Island Preserve for Major Site Plan Approval for a 16 lot subdivision , 1 ---------------- MAJESTIC WAY g , \ c; • N • N D C D � \ N f • O 15 N l • • \ � Ww, Z 0 e � O D r-- Z D E C E � • � \ , D v (� 1 � \ 1 n , , n , 1 s n N MJSP 820071304 ® Subject property s,..�..,.4,...� n Coastal Construction Control Line Map prepared August 23, 2007 N t Florida, that: RESOLUTION NO. 08-102 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing WARRANTY DEED is duly accepted on behalf of St. Lucie County this 25'" day of MARCH, 2008. ATTEST. Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman BY: APPROVED AS TO FORM AND CORRECTNESS: County Attorney 6:\ACQ\WP\Conservation Easements\Queens Island Preserve\Resolution No. 08-102.wpd rage 1 Ul 1 Dawn Milone - Re: Fwd: QUEENS ISLAND PRESERVE FINAL PLAT From: Amy Mott To: Milone, Dawn Date: 3/24/2008 10:30:07 AM Subject: Re: Fwd: QUEENS ISLAND PRESERVE FINAL PLAT CC: Lowery, Lee Ann Please consider this email ERD's sign off for the QUEENS ISLAND PRESERVE FINAL PLAT agenda item. I have reviewed all the info & they have addressed all of ERD's concerns. Amy Mott SLC Env. Regulations Mngr 6120 Glades Cutoff Road R. Pierce, FL 34981 772-462-2531 (office) "Even If I were certain that the world would and tomorrow, I would plant a tree this very day." - Martin Luther King Jr. bAPrint this message only if it is necessary. Nature will thank youl >>> Dawn Milone 3/24/2008 10:01 AM >>> Please e-mail me with ok to sign off. Thanks Dawn Milone Growth Management St. Lucie County 772-462-1687, >>> Peter Jones 3/24/2008 9:54:05 AM >>> Agenda Request and BOCC Memorandum attached for your information this morning. P3 Peter W. Jones, A.I.A., Planning Mgr. Growth Management Department St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 T: 772.462.2822 F: 772.462.1581 E: ionesp_@stlucieco.gov Dawn will be circulating for signatures, file://C:\TEMP\GW) OOOO 1.HTM 3/24/2008 AGENDA REQUEST ITEM NO. J-1 DATE: April 1, 2008 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Administration -} / Douglas M. Anderson, County Administrator SUBJECT: BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: RECOMMENDATION COMMISSION ACTION: Tourist Development Council Commissioner Smith has requested that Chris Taylor serve as his appointee on the Tourist Development Council. N/A Staff recommends that the Board ratify Commissioner Smith's appointment of Chris Taylor on the Tourist Development Council. ){APPROVED Q DENIED 0 OTHER: Approved 5-0 Dougla<M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 Page 1 of 1 Missy Stiadle - Housing Finance Authority Appointee From: Carin Smith To: Stiadle, Missy Date: 3/19/2008 2:19 PM Subject: Housing Finance Authority Appointee CC, Philpart, Toby Hi Missy, Commissioner Smith is replacing Kim Williams as his HFA appointee. He is naming Toby Philpart to replace her. Can you please place on the next available BOCC agenda? You should have.his info on file, but here it is again just in case (and I am cc-ing him on this message so that he can provide you with his mailing address:) Rev. Toby Philpart 466-3099 370-5095 revphilpart@bellsouth.net Thanks! CCS Carin Smith, Executive Aide Joseph E. Smith District 1 St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772) 462-1410 file://C:\Documents and Settings'\'AdministratorTocal Settings\Temp\XPgrpwise\47E120D... 3/25/2008 AGENDA REQUEST ITEM NO. J-2 DATE: April 1, 2008 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Administration s-�" LI — ' I .?Douglas M. Anderson, County Administrator SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Housing Finance Authority Commissioner Smith has requested that Toby Philpart serve as his appointee on the Housing Finance Authority. N/A N/A Staff recommends that the Board ratify Commissioner Smith's appointment of Toby Philpart on the Housing Finance Authority. APPROVED 0 DENIED 0 OTHER: Approved 5-0 Dou as 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 7FF�UZ�RTY■O 1 O A -" l St. Lucie County Board of County Commissioners Application for Serving 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 (Does not apply to Ad Hoc 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. ,n, JC 2. Name: 1� I U� ( i Phone: 7 � 3. Home address: \ ) o 4. Which commission district do you live in? 5. Businessl0ccupation J L'1 f C-� C, t, 6. Business address: ` !� „ 2 act 7. Brief resume of education & experience: (Please attach resume) 8. Do you currently serve on a county committee(s)? If so, please list: Al 0 9. Why do you think you are qualified to serve W the committee(s) 10. Would yov, consider serving on another board other than the one(s) stated above? (Please specify) 11. Comments: SIGNATURE: DATE: St Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: 33 Attainable/Affordable/Workforce Housing Task Force 33 Beach Preservation Task Force 37 Bicycle/Pedestrian Advisory Committee n Board of Adjustment 33 Central Florida Foreign -Trade Zone, Inc. 37 Children's Services Council 33 Citizen's Budget Development Committee 37 Code Enforcement Board 33 Community Development Block Grant Citizen's Advisory Task Force (CDBG) 33 Comprehensive Economic Development Strategy (CEDS) Z1 Contractors Certification Board V Cultural Affairs Council 33 Emergency Medical Services Advisory Council 33 Environmental Advisory Committee 0 Environmental Hearing Board 33 Fort Pierce Harbor Advisory Committee 0 Historic Preservation Committee 33 Historical Commission 33 Housing Finance Authority 33 Investment Committee iy Library Advisory Board 32 Planning & Zoning Commission/Local Planning Agency 33 Recreation Advisory Board 33 Restudy Coordination Committee iy Smart Growth Advisory Ad Hoc Committee 33 Sustainability Ad Hoc Committee 31 Tourist Development Council 33 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee 33 Treasure Coast Education & Research Development Authority :H 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 Education: Ed.D. M. Ed. Professional Experience: 2003 - Present 1997 - 2003 1995 - 1997 1992 - 1995 1990 - 1992 1987 - 1990 1985 - 1987 Dr. Christine Taylor4ohnson 1650 Timberlake Drive Fort Pierce, FL 34947 taylorc@stlucie.k12.fl.us (772) 466-4800 Resume Educational leadership 1994 Nova Southeastern University Davie, Florida Certification in Educational Leadership 1991 Florida Atlantic University Boca Raton, Florida Guidance and Counseling 1976 Florida A & M University Tallahassee, Florida Physical Education 1975 Florida A & M University Tallahassee, Florida Area Assistant Superintendent Principal Principal Assistant Principal Director of Guidance High School Guidance Counselor Middle School Guidance Counselor St. Lucie County Schools Chester A. Moore Elem. Bayshore Elem. Frances K. Sweet Elem. Lincoln Park Academy Lincoln Park Academy Lincoln Park Academy Professional Experience: Continued 1977 - 1985 1976 - 1977 Recognitions: Dr. Christine Taylor Johnson 1650 Timberlake Drive Fort Pierce, FL 34947 taylorc@stlucie.k12.fl.us (772) 466-4800 Elementary Guidance Counselor Physical Education Teacher Fairlawn Elementary Fairlawn/Ft. Pierce Elem. • Outstanding Elementary School Principal Achievement Award • District Nominee for Distinguished Minority Educator Award • Teacher of the Year - Fairlawn Elementary School - 1984 • Teacher of the Year - Lincoln Park Academy - 1988 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works-Blda & Zonina ITEM NO. DATE: April -1. 2008 REGULAR: ( ) PUBLIC HEARING: (X ) CONSENT:( ) PRESENTED BY: Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to demolish a fire damaged structure at 3305 Avenue L, Fort Pierce, Florida and which has been found by the Building Official to be more than fifty percent (50%) damaged and is unsafe and constitutes a nuisance. BACKGROUND: The building at 3305 Avenue L, Fort Pierce, Florida, has been determined to be unsafe and to constitute a nuisance by the Building Official. The Code Enforcement case began January 6, 2006 during the Code Officer's routine visit to the area and a compliance date of February 21, 2006 was given. This case was taken before the Code Enforcement Board for the Violation Hearing on April 5, 2006. The owner of the property or a representative did not appear for the hearing, a compliance date of April 26, 2006 was given by the Board. As of May 2, 2006 there was no change and the case went before the Code Enforcement Board for a fine hearing. The owner of the property or a representative did not appear for the fine hearing. A fine of two hundred fifty dollars and 001100 ($250.00) per day for each day the violation continues with a maximum not to exceed ten thousand dollars ($10,000.00) plus one hundred twenty five dollars and 001100 ($125.00) for cost of prosecution was imposed by the Board as they felt it to be unsafe and poses a danger to neighboring properties and to human life. After requesting quotes from seven (7) pre -qualified demolition contractors by the Purchasing Department, two (2) responses to our request were received; L.E.B. Demolition Company at $12,100.00 and Cross Environmental Services, Inc. at $13,900.00. FUNDS AVAILABLE: 102-2415-534000-200 PREVIOUS ACTION: On February 26, 2008 the BOCC gave permission to advertise a public hearing. RECOMMENDATION: Staff recommends that the Board determine the structure is unsafe and determine if the structure is not taken down and property cleaned by May 1, 2008, the Board give the Code Enforcement Department permission to proceed to contact L.E.B. Demolition Company, as they were the lowest bidder at $12,100.00, to demolish the structure and clean the property of all junk, trash and debris, and a6uss the entire cost of such demolition against the real property which shall constitute a lien payable St. Lucie County. COMMISSION ACTION: :6APPROVED ❑ DENIED ❑ OTHER: —-- u as Anderson County Administrator Approved 5-0 Review and Approvals ❑ County Attorney: ❑Management and Budget ❑ Purchasing: _�� Originating Dept: Pub. Wks. ❑ Other: ❑ Other: 0 Finance: Check for copy only, if applicable: BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came on before the Board of County Commissioners for St. Lucie County (the "Board") on February 26, 2008, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiles Laws (the "Code") and upon the request of the St. Lucie County Building Official to declare that the two story wood frame structure at 3305 Avenue L, Fort Pierce, Florida, legal description PLAT 3-SUNLAND GARDENS BLK 39 LOT 4 AND ELY 1/2 OF LOT 5 (0.28 AC) (OR 837-281) as recorded in the Public Records of St. Lucie County, Florida (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the "Certified Report of Inspection of Structure" filed by the St. Lucie County Building Official and having heard comments of County Staff hereby make the following determination: 1. The Building described above is hereby declared unsafe and to constitute a nuisance by reason of an open and unsecured structure, damaged walls and ceilings, damaged electrical wiring, missing windows and doors, and damaged rooms. 2. The structure is damaged to such an extent that the cost of repair or restoration of the building will exceed 50% of the value of the building after repair. 3. A public hearing shall be held on April 1, 2008 at 6:00 PM or as soon thereafter as may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. Actions taken at this public hearing may include issuing an order for the condemnation and demolition of this Building. The cost of demolition may be assessed to the real property upon which such cost was incurred. DONE AND ORDERED this 26'" day of February, 2008. ATTEST: �r ST. LUCIE COUNTY OARD OF COUNTY COMMJS�abNERS pop Olt jo DEPUTY CLERI ";�^ v�l C AIRMAN> a : fib APPROVED AS TO FORM AVM . CORRECTNESS: COUNTY ATTORNEY All interested persons have the right to appear before the Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing Should be directed to Joseph Mule', the St. Lucie County Assistant Code Compliance Manager, at (772)462-1571. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that on February 26, 2008 the Board of County Commissioners of St. Lucie County, Florida, (the "Board'), pursuant to Article III of Chapter 2-5 of the St. Lucie County Code and Compiled Laws declared the Property described below as an unsafe structure and will hold a public hearing at its regular meeting on Tuesday, the 1 st day of April, 2008 at 6:00 P.M., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida to determine what further action, which may include ordering the demolition of the structure, should be taken in regards to the Property described below under the provisions of Section 2-5-43 of the St. Lucie County Code and Compiled Laws. Description of Structure: Two Story Wood Frame Structure Street Address: 3305 Avenue L, Fort Pierce, FL 34947 Legal Description: PLAT 3-SUNLAND GARDENS BLK 39 LOT 4 AND ELY 1/2 OF LOT 5 (0.28 AC) (OR 837-281) Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. Copies of the Certified Report of Inspection of the Structure may be obtained from the Code Compliance Division, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, FL 34982. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. THIS NOTICE EXECUTED and dated this 26th day of February, 2008. Submitted by: Dennis A. Bunt Code Enforcement Supervisor Published March 1, 8, 15, 22, and 29, 2008 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works -Bldg & Zoning ITEM NO. C-5A DATE: February 26, 2008 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (x ) PRESENTED BY: Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to advertise for a public hearing on April 1, 2008, to declare the structure at 3305 Avenue L, Fort Pierce, Florida an unsafe building. BACKGROUND: The building at 3305 Avenue L, Fort Pierce, Florida, has been determined to be unsafe and to constitute a nuisance by the Building Official. FUNDS AVAILABLE: 102-2415-549000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the approval by the Board to advertise a public hearing. COMMISSION ACTION: ❑ APPROVED❑ DENIED ❑ OTHER: CONCURRANCE: Douglas Anderson County Administrator Review and Approvals 9 County Attorney: f, 9 Management and Budget: 9 Purchasing: Originating Dept: Pub. Wks. 9 Other: 9 Other: 9 Finance: Check for copy only, if applicable: BOARD OF COUNTY COMMISSIONERS BUILDING OFFICIAL. REPORT DATE: 12/13/07 ADDRESS: 3305 Avenue L PUBLIC WORKS CODE COMPLIANCE DIVISION The building at the above referenced address has been- significantly damaged by fire and is manifestly unsafe and unsanitary for use as a single family dwefilng. This building in its current condition constitutes a public nuisance. Specific conditions which exist include Total damage to the second story, severe water damage, electrical damage, and damage to the structural integrity of the home. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 3305 Avenue L is determined to be WWAFE Please demolish or obtain a permit to repair the structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. Christopher Lest nge Code Compliance Mana er Build-ing Official — St. Lucie County, FLorlda CUdab JOSEPH E. SMITH, Dlsmcr No. 1 • DOUG COWARD, Disrrla No. 2 • PAULA A. LEWIS, Dismtcr No. J • CHARLES GRANDE, Dlsrrlcr No. 4 • CHRIS CRAFT, Disrrlcr No, 5 Counry Adminisrroror . Douglas M. Anderson 2300 Virginia Avenue • Fr. Pierce, FL 34982 Permirring and Zoning: (772) 462-1553 FAX (772) 462-1735 PARTIES WITH INTEREST IN PROPERTY 3305 AVENUE L., FORT PIERCE, FL BARBARA OWENS 3305 AVENUE L FORT PIERCE, FL 34947 ST. LUCIE COUNTY CODE ENFORCEMENT DEPARTMENT c/o COUNTY ATTORNEYS OFFICE 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 BOB DAVIS, TAX COLLECTOR ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 WS BADCOCK CORP. 526 AVENUE A FORT PIERCE, FL 34950 FLORIDA RECYCLING SERVICE, INC. 4100 SELVITZ ROAD FORT PIERCE, FL 34981 BOB JOHNSTON ASC 1755 SE HONDO AVENUE PORT ST. LUCIE, FL 34952 MARY CHRYSSIADIA P. O. BOX 1817 JENSEN BEACH, FL 34958-1817 LAW OFFICE OF MARC S. TEPLITZ, P.A. 73 SW FLAGLER STUART, FL 34994 ST. LUCIE COUNTY SHERIFF DEPARTMENT 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981-4825 MARS 1 LLC 18305 BISCAYNE BLVD. SUITE 400 AVENTURA, FL 33160 LEI. MMUM rj,UNNITIMsc#NruWOKM. 12805 S. Wit&Rivar Ihiw IUM: 7721229.2575 fax: M 229.3036 January 31, 2008 St. Lucie County B,C.C, Public Works Code Com 1liance Division AUznlion; Demuf A. Bunt Re; Compl xe demolition of structure Location_ 3305 J vc, "L", Ft. Pierce, FL. I,ZB, Demolition, Inc. Imposes to furnish all labor and equipment, for tho demolition and removal of all debris,,generated by the above referenced j ib. A11 debris will be ttaospotted to a class I -III landfill, dump fees shall be included. L,E, B. will send notiliCadon to D.I? 1. Scope of Work; Dernoli ion. and removal of budding, slabs, footers, driveway, pool and removal of trash Proper) i will be rough grade) whore building was removed, backiilling of pool area L.E.B. Xmolition will hmish demolition permit PLEASE READ EXCLUNIONS Exclusions: Asbestt s survey or asbestos abatement of any type Cappin g of weds, sewer and water saviCes Any an I all damage to utilities, undergrOund or overhead Any an I all utility disconnects or capping of utilities Any un breseen conditions under slabs Any an I all work in public space Arty an 1411 hazardous and toxic waste We hereby propose to ftu fish labor and materials - complete in accordance with the above speecil1Cations. Any alleretion or deviatic m from above specifications will become an extra charge over and above the estimate. This proposal subject to i xeptance with seven days and is void thereafter ai the option of the tmd<rsigried, For The Suin of TWELE THOUSAND ONE HUNDRED AND 00/100 Dollars ux 00 Payment to be evade up�t mpI ion of work. No retention's to be held by contractor. L.E.B. Demolition, lrfc. n ;� es all sal A& to pr Y age rights to cortrmence when job is awarded, AuthorUed Signature. \ 1 rota L. BedcPbrd leas. ACCEPTANCE OF PROPOSAL The above Prices, specific motions and conditions are hereby accepted. You are authorized to do the work as specified. PropoW must be signed t Lid retoreW before any demolition will begin ACCEPTED: SIGNATURE DATE; 02/01/2008 10:32 8137825657 CROSS DEMO PAGE 01/01 St. Lucie County Code Compliance Div. 2300 Virgina Avenue Ft. pierce, Florida 34982 727-462-1571 727-462-5214 RE; 3305 .Avenue °-L" Ft pierce, Florida Attention: ,Dennis Bunt February 1, 2008 P 08-0110 Cross EnVk0nnICntal Services Inc. is pleased to submit our proposal Ibr the domoliti.on and removal of one (1) single family structure g3urmt), g"e, removal of pool deck, and back filling of pool. This proposal includes demolition pennit, disposal, ill dirk, locates and water ,fox wet demolition. Bidprice .............................. ................................................... $13,W 00 T lerc are no other items included or implied. l£ thus proposal is acceptable please sign and fax a copy back to our office at 813-782-5657. Tim Sparks/ Date Project Manager Authorized Signature/Date P.O. Box 1299 • Crystal Springs, FL 33524 - (813) 783-1688 • Fax (813) 788-9114 E-Mail: css@crossenv.com • www,hazardremoval.com Y IT - BID AWARD FORM Bid #: 06-069, Pre -Qualification of Demolition Contractors Department: All St. Lucie County Departments Term: Initial Term of two (2) years with two (21 additional one -near renewal options Effective Dates: _ September 3. 2006 —September 30 2008 Following is the list of the vendors who responded to the above referenced bid. The contract was awarded to all seven (7) vendors. This bid was for "Spot Market Purchase." Listed is the contact information for each vendor, which includes the contact name for Requests for Quotations. Vendor Name Contract C06-07-379 'Cross Construction Services, Inc. Tyler Lillibridge Fax 813-973-4348 Phone 813-9734191 25221 State Road 54 West Lutz, Florida 33559 Contract C06-07-397 Cross Environmental Services, Inc. Tim Sparks Fax 813-788-9114 Phone 813-783-1688 P.O. Box 1299 Crystal Springs, Florida 33524 Contract C06-07-392 Decon Environmental & Engineering, Inc. Theresa Fontana Fax 407-330-9612 Phone 407-330-2380 230 Power Court, Suite 120 Sanford, Florida 32771 Contract C06-07-398 D.H. Griffin Wrecking Co.', Inc. Steven Teperman . Fax 954-958-9351 Phone 954-958-9353 6434 NW 5'" Way Ft. Lauderdale, Florida 33309 Contract C06-07-423 L.E.B. Demolition & Consulting Contractor, Inc. Leroy E. Beckford Fax 772-229-3036 Phone 772-229-8575 12805 S. Indian River Drive Jensen Beach, Florida 34957 Contract C06-07-391 Project Development Group, Inc. Dulcia Maire Fax 954-979-7079 Phone 954-979-7077 1941 NW 40'" Court Pompano Beach, Florida 33064 Contract C06-07-377 Sunrise Systems of Brevard, Inc. Michael Crowe Fax 321-639-7397 Phone 321-636-1618 P.O. Box 3188 Cocoa, Florida 32924-3188 101131064:38 PM OWr= % M 5 TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 1.1:15 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 DATEJIME 01/28 11:15 FAX NO./NAME 817722293036 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM I30ARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-423 L.L.B. Demolition & Consulting Contractor, .Inc. Lee Beckford 12805 So. Indian River Dr. Jensen Beach, FL 34957 RE: 3305 Avenue L Fort Pierce, FL 'fax ID # 2405-701-0038-000/6 Dear Mr. Beckford: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMILE (772) 229-3036 The property referenced above has been placed on. the condemnation list a, the :house was destroyed. by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-t 571. Si crcly, i <EZN_. TRANSMISSION VERIFICATION REPORT TIME 01/2B/2008 11:19 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 DATE,TIME 01/26 11:19 FAX NO./NAME 818139734348 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM 130ARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-379 Cross Construction Services, Inc. Tyler Lillibridge 25221 State Road 54 West Lutz, FL 33559 RE: 3305 Avenue L Fort Pierce, FL Tax ID # 2405-701-0038-000/6 Dear .Mr, Lillibridge: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA PASCTMILE (813) 973-4348 The property referenced above has beenplaced on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. Sin�c�t�fi74 TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 11:20 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.i# BROL4J157458 DATE,TIME 01/28 11:20 FAX NO./NAME 818137889114 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM BOARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-397 Cross Environmental Services, Inc. Tim. Sparks P. O. Sox 1299 Crystal Springs, FL 33524 RE: 3305 Avenue L Fort Pierce, FL Tax 1D # 2405-701-0038-000/6 Dear Mr. Sparks: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASC1141ILE (813) 788-9114 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. �Irieer, TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 11:24 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 DATE,TIME 01/28 11:24 FAX NO./NAME 819549797079 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM BOARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-391 Project Development Group, Inc. Dulcia Maire 1941 NW 40" Court Pompano Beach, FL 33064 RE: 3305 Avenue L Fort Pierce, FL Tax ID # 2405-701-0038-000/6 Dear Ms. Maire: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMILE (954) 979-7079 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We }Mould greatly appreciate your consideration in inspecting fbe property and subsequently providing us with a bid for the demolition on the property as soon. as possible. I would like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. t r-: TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 11:30 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J257458 DATE DIME 01/28 11:29 FAX NO./NAME 813216397397 DURATION 00:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM BOARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-377 Sunrise Systems of Brevard, Inc. Michael Crowe P.O. Box 3188 Cocoa, FL 32924-3188 RE: 3305 Avenue L Fort Pierce, FL Tax ID # 2405-701-0038.000/6 Dear Mr. Crowe: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMILE (321) 639-7397 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would like to thank you in advance and look forward to hearins from, you soon. Should you have any questions, please feel free to contact me at (772)462-1571. TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 11:37 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 DATE,TIME 01/28 11:36 FAX NO./NAME 814073302380 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM 130ARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-392 Decon Environmental & Engineering, Inc. Theresa Fontana 230 Power Court, Suite 120 Sanford., FL 32771 RE: 3305 Avenue L Fort Pierce, FL Tax ID 9 2405-701-0038-000/6 Dear Ms. Fontana: PU13LIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMILE (407) � -1 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon a r, possible. i would like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. S' erely, TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 11:40 NAME -: STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 DATE DIME 01/28 11:40 FAX NO./NAME 814073309612 DURATION 00:00:00 PAGE(S) 00 RESULT BUSY MODE STANDARD BUSY: BUSY/NO RESPONSE 130ARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-392 Decon tnvironmental & Engineering, Inc. Theresa Fontana 230 Power Court, Suite 120 Sanford, FL 32771 RE: 3305 Avenue L Fort Pierce, FL Tax ID # 2405-701.-0038-000/6 Dear Ms. Fontana: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMIL) (407) 330-9612 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would Like to thank you in. advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. S' exely, ! G�1 TRANSMISSION VERIFICATION REPORT TIME 01/26/2008 11:32 NAME STLUCIECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 DATE,TIME 01/28 11:32 FAX 140./NAME 819549589351 DURATION 00:00:00 PAGE(S) 00 RESULT BUSY MODE STANDARD BUSY: BUSY/NO RESPONSE BOARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-398 D. H. Griffin Wrecking Co., Inc. Steven Teperman. 6434 NW 5t' Way Fort Lauderdale, FL 33309 RE: 3305 Avenue L Fort Pierce, FL Tax Ill 9 2405-701-0038-000/6 Dear Mr.. Teperman: PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMILE (954) 958-9351 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would like to tbank you in advance and look forward to hearing from you soon. Should you have any questions, please feet free to contact me at (772)462-1571. ce , TRANSMISSION VERIFICATION REPORT DATE,TIME 01/20 11:23 FAX NO./NAME 819549589351 DURATION 00:00:00 PAGE(S) 00 RESULT BUSY MODE STANDARD BUSY: BUSY/NO RESPONSE BOARD OF COUNTY COMMISSIONERS januaq. 28, 2008 Contract C06-07-398 D. H. Griffin Wrecking Co., Inc. Steven Teperman 6434 NW 5" Way Fort Lauderdale, FL 33309 RE: 3305 Avenue L Fort Pierce, FL Tax III # 2405-701-0038-000/6 Dear Mr. Teperman: TIME 01/28/2008 11:23 NAME STLUCI-ECOUNTY FAX 5214 TEL 4625214 SER.# BROL4J157458 PUBLIC WORKS CODE COMPLIANCE DIVISION VIA FASCIMILE (954) 958-9351 The property referenced above has been placed on the condemnation list as the house was destroyed by ,fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on the property as soon as possible. I would like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. TRANSMISSION VERIFICATION REPORT TIME 01/28/2008 11:27 NAME STLUCIECOUNTY FAX 5214 TEL 46252114 SER.It BROL4JI 57458 DATE, TIME 01/28 11:27 FAX N0./NAME 819549589351 DURATION 00:00:00 PAGE(S) 00 RESULT BUSY MODE STANDARD BUSY: BUSY/NO RESPONSE BOARD OF COUNTY COMMISSIONERS January 28, 2008 Contract C06-07-398 1). H. Griffin Wrecking Co., Ine. Steven Teperman 6434 NW 5" Way Fort Lauderdale, FL 33309 RR: 3305 Avenue L Fort Pierce, FL Tax ID 9 2405-701-0038-000/6 Dear Mr. Tepenran: PUDLIC WORKS CODE COMPLIANCE DIVISION VIA. FASCIMILE (954) 958-9351 The property referenced above has been placed on the condemnation list as the house was destroyed by fire. We would greatly appreciate your consideration in inspecting the property and subsequently providing us with a bid for the demolition on. the property as soon as possible. I woul d like to thank you in advance and look forward to hearing from you soon. Should you have any questions, please feel free to contact me at (772)462-1571. nce , Property Appraiser - St.Lucie County, FL Page 1 of 1 Barbara Owens Record: 1 of 1 Property Identification Site Address: 3305 AV L Sec/Town/Range: 05 :35S A0E Map ID: 24/05S Zoning: RS-4 Ownership and Mailing Owner: Barbara Owens Address: 3305 Ave L Fort Pierce FL 34947-2357 PROPERTY RECORD CARD <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print C09" PafcellD: 2405-701-0038.000-6 Account#: 18862 e\?��UCIE q Land Use: SF Res City/Cnty: ST. LUCIE COUNTY Legal Description PLAT 3-SUNLAND GARDENS BLK 39 LOT 4 AND ELY 1/2 OF LOT 5 (0.28 AC) (OR 837-281) Sales Information Assessment TRIM Total Land and Building Date Pnce Code Deed Book/Page 2007 TRIM: 40700 Land Value: 38800 Acres: 0.28 1/15/1993 7000 01 QC 0837 / 0281 Assessed: 40700 Building Value: 1900 12/9/1992 1900 01 CT 0820 / 2968 Ag.Credit 0 Finished Area: 1922 SgFt 2/4/1991 6000 00 W D 0727 / 0306 Exempt: 0 3/1/1983 0 01 CV 0399 / 1192 Taxable: 40700 Proposed Tax: 783.07 BUILDING INFORMATION Exterior Features o View: RoofCover: ExtType: HC- - HC- YearBlt: Grade: C- - C- EIfYrBlt: StoryHght: 0020 - 2 Story No. Units: Interior Features BedRooms: 3 Electric: FullBath: 2 HeatType: 1/2Bath: 1 HeatFuel: %A/C: 100 %Heated: Special Features and Yard Items Type Y/S Qty. Units Qual. Cond. YrBlt. SWAV - RESPOOL AVG Y 1 450 AV AV 1992 PA01 - POOL DK-AVG Y 1 564 AV AV 1992 3CNT - 3CNT S 1 1 AV AV 1992 2CNT - 2CNT S 1 1 AV AV 1992 FEN4 - CHAINLINK 4' Y 1 200 FR FR 1992 SDSF - SITE DEV S-F Y 1 1 AV AV 2001 SA - Asph Shingle RoofStruct: GA - Gable 1992 Frame: 1910 PrimeWall: FS - Frm Stucco 1 SecWall: MX - MAXIMUM PrmintWall: DW - Drywall FHA - FrcdHotAir AvgHUFI: STD ELEC - Electric Prm.Flors: CU - Carpet 100 %Sprinkled: 0 Land Information No. Land Use Type Measure Depth 1 0100-SF Res BI -Front Ft 90 134 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. 41 E it wY � k �{ ¢ $i -VGCS h, SIB F P,��rF t2g1 yhi+ 16d. `Q 117 s iY 0 � 1n .. iS * { 1 a✓y *. a i.c ' ow f ✓ j µ f �� #" b t A F., ry,k yib�� YyK �° Z ♦ 'l ^ Y y . - ..J7s e>i•�l§��jj�f j$ Y � Jj111 I e f 5 ,t a /yy� �, .t Y � .'rg }1 f z• � � is '. 70 Tom r, `,%its Pew y f..ON "-''7 � ti � ! 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B DATE: April 1, 2008 REGULAR[] PUBLIC HEARING [x] CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code - Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas BACKGROUND: FUNDS AVAILABLE: See CA No. 08-0490 PREVIOUS ACTION: Ordinance No. 08-008 was brought before the LPA/PEtZ on November 15, 2007. The first public hearing before the Board of County Commissioners was held on March 4, 2008. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt Ordinance No. 08- 008 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: [ ] APPROVED [ ] DENIED �] OTHER: Approved 5-0 Motion to continue until May 20, Douglp M. Anderson 2008, at 6 p.rn. or soon thereafter County Administrator Review and Approvals [X] County Attorney: v. 06 [ ]Management & Budget: [ ]Purchasing: G. M• f,/� Parks Et Recreation Director [ ]Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 a 6 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-0534 DATE: March 31, 2008 SUBJECT: Ordinance No. 08-008 (Telecommunications Towers) - Continuance of April 1, 2008 Second Public Hearing BACKGROUND: On March 4, 2008, the Board of County Commissioners held the first of two required public hearings on proposed Ordinance No. 08-008 which would amend the County's telecommunications tower regulations as set forth in Section 7.10.23 of the Land Development Code. The second public hearing has been noticed for April 1, 2008. Last week a representative of the South Florida Water Management District contacted County staff regarding the potential impact of the proposed amendments on the District's remote communications facilities. On March 31, 2008, the County was also contacted on behalf of Verizon Wireless to request additional time to review and comment on the proposed ordinance. As there is no statutory deadline for adoption of the proposed amendments, staff is recommending the second public hearing be continued to May 20, 2008 at 6:00 p.m., or as soon thereafter as may be heard, in order to address these issues. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners continue the April 1, 2008 second public hearing on proposed Ordinance No. 08-008 to May 20, 2008 at 6:00 p.m., or as soon thereafter as may be heard. Respectfully submitted, Heather Young Assistant County Attorney HY/ Copies to: County Administrator Growth Management Director INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-0490 DATE: March 25, 2008 SUBJECT: Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code - Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas BACKGROUND: Attached is a copy of draft Ordinance No. 08-008 which, if adopted, would revise guidelines for the siting of wireless telecommunications towers and antennas. This Ordinance was heard by the Planning and Zoning Commission/Local Planning Agency on November 15, 2007. It was the recommendation of the PItZ/LPA that the Board of County Commissioners approve the proposed ordinance with the suggested changes for spelling and punctuation. The first public hearing before the Board of County Commissioners was held on March 4, 2008. At that hearing, the Board directed staff to prepare a memo discussing the main differences between the current Land Development Code and the proposed ordinance (see referenced memo attached). On March 19, 2008, staff met with Mr. Rick Richie who has the only pending cell tower application to discuss his concerns regarding the proposed ordinance (see referenced memo attached). The primary purpose of the Ordinance is to exercise the maximum authority granted to the County to regulate such facilities under federal and state law and to provide that placement of such facilities is compliant with applicable law, compliant with County land development, zoning and building codes and aesthetic objectives. Ordinance No. 08-008 will accomplish the following: A. Encourage the location of towers in non-residential areas; B. Encourage the collection of antennas on new and pre-existing tower sites; C. Establish zoning districts where towers may be permitted; D. Require an engineering report demonstrating the tower meets the requirement of Code; E. Require certain aesthetics and height standards; F. Require removal of abandoned antennas and towers; and G. Provide for penalties. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 08-008 and authorize the Chairman to sign the Ordinance. KMS/cb Attachment H:\AgendaMemo•KMS08.0082ndHearing.wpd Respectfully submitted, ] Y� Katherine Mackenzie -Smith Assistant County Attorney INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-0404 DATE: March 6, 2008 SUBJECT: Ordinance No. 08-008 - Revisions to Section 7.10.23 St. Lucie Land Development Code, Telecommunications Tower Siting 1. Section B. Definitions This section is a completely new section. 2. Section C. General #3 is new, it exempts Broadcast Facilities (defined primarily for the purpose of broadcasting AM, FM or television signals) and Amateur Radio Station Operators from this ordinance. 3. Section D. Applications This is a completely new section, which creates time frames for the County to grant or deny each properly completed application. • 90 days for properly completed application 20 days to notify application is incomplete or it is deemed completed for administrative purposes 20 days to notify an applicant of any deficiencies Failure to grant or deny application for a wireless communication facility, then the application deemed automatically approved. 4. F. Reguirement of Site Plan and Engineering This section has been expanded and the additional requirement for site plan are: a. parcel fully dimensional - including property lines, setbacks, roads, easements, etc. b. outline of all existing buildings C. all existing vegetation, by mass or individually by diameter d. proposed/existing security border e. proposed/existing easements f. all proposed changes to property g. scaled elevation drawing of proposed tower h. equipment brochure I. material lists j. color board k. require visual impact analysis not only at 500 ft., but also now 250 ft. I. Special Fee - County has the right to retain independent technical experts to properly evaluate application - paid for by applicant. 5. Increased the security fund for each tower from $15,000 to $25,000. 6. Increased security fund for each collocation from $1000 to $5000. 7. Collection Incentives by St. Lucie County - this is a new section • St. Lucie County shall complete application processes within 45 days • Only subject to building permit review if meets certain guidelines 8. Inspection report on structural and electric integrity must be provided to County every two years (previously 5 years) with a $200 fee to reimburse County cost of review. 9. Authority to remove tower that does not come into compliance within 30 days. 10. Restricting microwave dish antennas to 6 ft. in diameter if located less than 65 ft. above ground - 8 ft. in diameter, 65 ft. or higher. 11. Limiting to one rooftop tower per lot. 12. Separation requirements for tower was 750 or 100% of tower height whichever is greater; now 7500 or 300% of tower height for habitable residential structures. 13. Vacant residential land was 500 ft. or 100% of tower height, whichever is greater, now 500 or 300%. 14. Tower Heights: a) Single User - 90 ft. b) Two Users - 120 ft. c) Three Users - 150 ft. 15. Restrictions on rooftop equipment building size. KMS/cb Attachment H:\KMS-BCC Memo 08-008.wpd To: Board of County Commissioners From: Robin Meyer, AICP, Assistant Director of Growth Management Katherine Smith, Assistant County Attorney Date: March 25, 2008 Subject: Impact of new Cell Tower Ordinance on Current Applications At the first public hearing for the changes to the Cell Tower Ordinance, Mr. Rick Richie spoke to the Board of County Commissioners regarding his current application for a cell tower, and his concerns that he would have to comply with the new ordinance. He is concerned because he has developed his application on the existing ordinance and stated that if he had to comply with the new proposed regulations it would cost him time and money to modify his application. The Board asked staff to look into Mr. Richie's concerns and report back. Staff reviewed the changes to the existing Cell Tower Ordinance and finds that Mr. Richie's claim is accurate. His current application is for a 195 foot cell tower for which he has completed all of his engineering and design for and his contract with a user is for a tower of that height. The new code has a recommended maximum height of 150 feet, which means Mr. Richie would have to redo his application, engineering and site plan to reflect the different height tower, it would also impact his contract with a user of the tower. Based on the above findings staff would recommend that the ordinance be modified to exempt this one application currently in for permitting from the new regulations, and allow them to develop under the current regulations. BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will consider County Ordinance No. 08- 008, which would amend Section 7.10.23 to re- vise guidelines for the siting of wireless tele- communications towers and antennas A second` public hearing will be held before the St. Lucie County Board of County Commissioners on Tuesday, the 1st day of April, 2008 at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Ave- nue, Fort Pierce, Florida. The first public hear- ing was held on March 4, 2008. Matters affec- ting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written com- ments received in advance of the public hearing will also be heard. Copies ofthe proposed ordinance maybe ob- tained from the County Attorney's Office, St. Lu- cie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be made at the public hearing. If any person decidesto appeal any decision made with respect to any .matter considered at the meetings or hearings of any board, commit tee, commission, agency, council or advisory group; that person will need a record of the pro- ceedings and that, for such purpose, may need to ensure that a verbatim record of the proceed. ings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the pro- ceeding will be granted an opportunity to cross- examine any individual testifying during a hear- ing upon request. If it becomes necessary, a public hearing may be continued from time to. time as may be necessary to a data -certain. Anyone.with a disability requiring accommoda- tion to attend this meeting should contact Beth .Ryder, Community Services Director, at (772) 462-1777, or T.D.D. (772) 462-1428,at least forty- eight (48) hours prior to the meeting. The title of this Ordinance is: ORDINANCE NO. 0M08 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE By AMENDING SECTION 7.10.23, PROVIDING PUR POSE;'PROVIDING DEFINITIONS; PROVIDINC APPLICABILITY; PROVIDING GENERAL RE QUIREMENTS AND MINIMUM STANDARDS PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED USES Oh PRIVATE PROPERTY; PROVIDING SPECIAL EX CEPTION USE; PROVIDING EQUIPMENT STOR AGE; PROVIDING REMOVAL OF ABANDONEI ANTENNAS AND TOWERS; PROVIDING NON CONFORMING USES; PROVIDING PROTECTIOP FOR RESIDENTS; PROVIDING PENALTIES; PRO VIDING FOR SEVERABILITY AND APPLICABILI TY, INCLUSION IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATI AN EFFECTIVE DATE. THIS NOTICE EXECUTED and dated this 14t day of March, 2008. . Submitted b) Daniel S. Mclntyr County Attorne Publish: March14,2008 18064E 0 ORDINANCE NO. 08-008 (formerly Ordinance No. 07-014) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.23, PROVIDING PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING NONCONFORMING USES; PROVIDING PROTECTION FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND APPLICABILITY, INCLUSION IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AN EFFECTIVE DATE. WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly becoming available, requiring land use facilities that impact planning and zoning concerns in St. Lucie County ("County") and throughout the United States; and WHEREAS, Florida law as applicable to the County's authority to regulate the siting of wireless telecommunication facilities has been amended; and WHEREAS, it is the County's intent to establish standards in compliance with applicable federal and state laws; and WHEREAS, the County finds that it is in the public interest to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, and WHEREAS, the County has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications towers and antennas within the County boundaries and is authorized by federal, state and local law to regulate the siting of such telecommunications towers and antennas; and Struelt through portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page i of 42 Underlined portions are added. WHEREAS, it is the intent of the County to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications service providers or providers of functionally equivalent services on a neutral and nondiscriminatory basis; and WHEREAS, the purpose and intent of this Ordinance are to establish appropriate locations in priority order of use, and, further, to develop the requirements and standards to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, with due consideration to the County's comprehensive plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, it is the intent of this Ordinance to encourage collocation between wireless telecommunications service providers and to enhance the ability of the providers to provide such services to the County through an efficient and timely application process pursuant to Fla. Stat, g 365.172 as amended; and WHEREAS, any antennas and related equipment to service the antennas that are being collocated on existing above ground structures are not subject to land development regulation pursuant to Fla. Stat, 5 365.172, provided the height of the existing structure is not increased; and WHEREAS, through these regulated standards, it is the intent of the County to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such a manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by encouraging collocation and shared use of new and pre-existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques; and WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances; Struck gh portions are deleted. 6:\ATTY\0RDNANCE\2008\08-008.wpd Page 2 of 42 Underlined portions are added. 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16,1993 93-03 - February 16,1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07- January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-30 - September 12, 2006 06-40 - August 1, 2006 06-47 - December 5, 2006 07-17 - June 5, 2007 07-32 - November 6, 2007 WHEREAS, on November 15, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on March 4, 2008, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on February 22, 2008; and WHEREAS, on April 1, 2008, this Board held its second public hearing on the proposed ordinance, after publishing notice of such hearing in the Tribune on March 14, 2008; and ugh portions are deleted. G; \ATTY\ORDNANCE\2008\08- 008.wpd Page 3 of 42 Underlined portions are added. WHEREAS, 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 welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of St. Lucie, Florida that: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: ****************** CHAPTER II SECTION 7.10.23 WIRELESS TELECOMMUNICATIONS TOWERS SITING AND ANTENNAS A. PURPOSE: The purpose of this section is to establish regulations and requirements for the siting of wireless telecommunications towers. All new towers or antennas in the County shall be subject to these regulations, except where specifically excluded. The section is intended to accomplish the following: 1. Protect and promote the public health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas and land uses; 3. Encourage and promote the location of towers in nonresidential areas, where the adverse impact on the community is minimal; 4. Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single -use towers; 5. Encourage and promote to users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the 8+raek 4hraagk portions are deleted. 6:\ATMORDNANCE\2008\08-008.wpd Page 4 of 42 Underlined portions are added. telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and 6. Minimize potential damage to property from telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained; and 7. Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process In furtherance of these goals the County will at all times give due consideration to the County's Comprehensive Plan zoning maps, existing land uses and environmentally sensitive areas including_ hurricane preparedness areas in approving sites for the location of towers and antennas. B. DEFINITIONS As used in this Section the following terms will have the meanings set forth below, and will have control over any other definitions contained in the County's Code: 1. "Accessory Use" means a secondary use including a use that is related to, incidental to subordinate to and subservient to the main use of the property on which an antenna and or telecommunications tower is sited. 2. "Alternative Tower Structure" means a design mounting structure that camouflages or conceals the presence of an antenna or telecommunications tower (for example man-made trees clock towers bell steeples, light poles, utility poles and similar alternative designs) An antenna mounted on a utility pole will be subject to all requirements as stated in this Ordinance. 3. "Antenna' means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in telecommunications [personal wireless] services that radiate or capture electromagnetic waves digital signals analog signals radio frequencies wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas and omni-directional antennas such as whips but excluding radar antennas, amateur radio antennas and satellite earth stations. Struck thrangh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 5 of 42 Underlined portions are added. 4. "Applicant" [owner licensed contractor, and/or lessee] means a person or entity in St Lucie County, with property owner authorization with an application before the County for a permit for a wireless service facility. 5. "Backhoul Network" means the lines that connect a providers telecommunications towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network. 6. "Broadcasting Facility" means any telecommunications tower bui It primarily for the purpose of broadcasting AM. FM or television signals. 7. "Building -permit Review" means a review for compliance with building constructions standards adopted by the County under Chapter 553 and Chapter 13 of the County Land Development Code and does not include a review for compliance with land development regulations. 8. "Carrier"means a company licensed by the Federal Communications Commission (FCC) that provides wireless services A tower builder or owner is not a carrier unless licensed to provide personal wireless services. 9. "County" means the County of St Lucie a political subdivision of the State of Florida m its present form or in any later reorganized consolidated or enlarged form. 10. "Collocation" means the situation when a second or subsequent wireless providers use an existing structure to locate a second or subsequent antennas. The term includes the ground,platform or roof installation of equipment enclosures, cabinets, or buildings and cables brackets and other equipment associated with the location and operation of the antenna. 11. "Commercial mobile radio service." means. per Section 704 of the Telecommunications Act of 1996 any of several technologies using radio signals at various frequencies to send and receive voice data and video. According to the FCC, these services are "functionally equivalent services." Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services. 12, "Essential Services" means those services provided by the County and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue. Struck through portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 6 of 42 Underlined portions are added. 13. "Existing Structure" means a structure that exists at the time an application for permission to place antennas on a structure is filed with the County. The term includes any structure that can structurally support the attachment of antennas in compliance with applicable codes. 14. "Extraordinary Conditions" means subsequent to a hurricane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection. 15. "FAA" means the Federal Aviation Administration. 16. "Fair Market Value" means the price at which a willing seller, or telecommunications tower owner, and willing buyer, or service provider seeking to rent space on owners' telecommunications tower, will trade. 17. "FCC" means the Federal Communications Commission. 18, "Guyed Tower" means a telecommunications tower that is supported, in whole or in part by guy wires and ground anchors. 19. "Height" when referring to a telecommunications tower or other related structure means the vertical distance measured from the finished grade of the parcel to the highest point on the telecommunications tower or other related structure including the base pad and any antenna. 20. "Historic Building Resource Structure Site Object. or District" means any building resource structure site object or district that has been officially designated as a historic building historic resource historic structure historic site, historic object, or historic district through a federal state or local designation program. 21. "Land Development Regulations" means any ordinance enacted by the County for the regulation of any aspect of development including zoning, subdivisions, landscaping, tree protection or sins the County's comprehensive plan or any other ordinance concerning any aspect of the development of land The term does not include any building construction standard adopted under and in compliance with Chapter 553. 22. "Microwave Dish Antenna" means a dish -like antenna used to link telecommunications [personal wireless service] sites together by wireless transmission and/or receipt of voice or data. Strnek thrangh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 7 of 42 Underlined portions are added. 23. "Monopole Tower" means a telecommunications tower consisting of as ingle pole or spire self -supported on a permanent foundation constructed without guy wires, ground anchors, or other supports. 24. "Lattice Tower" means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports. 25. "Personal wireless services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services This definition includes analog and digital tal (800 MHz) cellular, broadband PCs (1850-1990 MHz) services and enhanced specialized mobile radio and paging services. 26, "Pre -Existing Towers and Pre -Existing Antennas" means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued and finalized prior to the effective date of this Ordinance, including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired. 27. "Search Area" means the geographic area in which a telecommunications facility must be located in order to provide FCC reguired coverage as certified through an affidavit by a Radio Frequency engineer as to radio frequency waves or other such appropriate technical expert. 28. "State of the Art" means existing technology where the level of facilities, technical performance capacity. equipment components and service are equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service areas in South Florida. 29. "Stealth Facility" means any telecommunications facility which is designed to blend into the surrounding environment Examples of such facilities would include, but not be limited to architecturally screened roof mounted antennas, building -mounted antennas painted to match the existing structure antennas integrated into architectural elements, and telecommunications towers designed to look like light poles.power poles or trees 30. "Telecommunications Facility" means a facility that is used to provide one or more telecommunications services including without limitation, radio transmitting telecommunications towers other supporting structures and associated facilities used to transmit telecommunications signals An open video system is not a telecommunications Straek *hrough portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 8 of 42 Underlined portions are added. facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service. 31, "Telecommunications Services" means the offering of telecommunication (or the transmission between or among points specified by the user of information of the user's choosing without change in the form or content of the information as sent and received), for a fee directs to the public or to such classes of users as to be effectively available directly to the public regardless of the facilities used Personal wireless communication services will not be considered as essential services public utilities or private utilities. 32. "Telecommunications Tower or Tower" means any structure, and support thereto designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving-. personal wireless services, telephone, radio and similar communication purposes including lattice monopole and guyed telecommunications towers The term includes radio and television transmission telecommunications towers, microwave telecommunications towers common -carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others. 33. "Telecommunications Tower Height" means when referring to a communications tower or other structure the distance measured from the finished grade of a parcel to the highest point on the tower or other structure including the base pad and any antenna, but excluding lights and lightening rods. 34. "Whip Antenna" means a cylindrical antenna that transmits signals in 360 degrees. 35. "Wireless Communications Facility" means any equipment or facility used to provide service and may include but is not limited to antennas towers, equipment enclosures, cabling antenna brackets and other such equipment Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. 8-.C. GENERAL: Telecommunications towers may be located as a permitted use in the "AG-5" Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility Zoning Districts subject to the requirements of to Section 7.10.23. Telecommunications towers may be located as a conditional use, subject to the St-uek#i-treagh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 9 of 42 Underlined portions are added. requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning districts. 2. Telecommunications towers may be located as a permitted use on the same property as another use. A different existing use on the same lot or parcel that is proposed to have a telecommunications tower located on it shall not preclude the installation of that telecommunication tower if the other requirements of this section can be met. 3. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only Antennas This Ordinance will not govern any telecommunications tower, or the installation of any antenna that is for the use of a broadcasting facility or is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receiving only antennas. 3-4. Collocation of telecommunications antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunications towers. Accordingly, each application shall include a written report certified by a professional engineer licensed to practice in the state of Florida, stating the following: a. An evaluation within the search area of the feasibility of sharing a tower, analyzing the: 41) availability of towers for collocation; and 2) structural capacity of all available towers; and 3) radio frequency interference; and 4) geographical service area requirements; and 5) mechanical or electrical incompatibility; and 6) inability or ability to locate equipment on the tower; and 7) any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower; and 8) any additional information requested by the County. If the County does not accept the full evaluation as provided as accurate, or if the County disagrees with any part of the evaluation the time in which an application is processed pursuant to the Section will be tolled pending further evaluation, portions are deleted, 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 10 of 42 Underlined portions are added. 4.5. No signals, artificial lights, or illuminations shall be permitted on any tower or antenna unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the views from surrounding properties views. 5-6. Other than warning signs, no signs, including commercial advertising, logos, political signs, flyers, or banners shall be allowed on any part of a telecommunications tower. Any signs placed in violation of this section shall be removed at the expense of the owner. All warning signage shall conform with the requirements of Chapter 9.00.00 of this Code. Notwithstanding those requirements, the following provisions shall apply: a. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. b. The County reserves the right to modify or waive the above requirements to avoid visual clutter and to better apply the goals of this section. C. Warning signs shall include the name of the owner(s) and operators and a twenty-four (24) hour emergency telephone number posted adjacent to the gate. d. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures." HIGH VOLTAGE --DANGER" warninq signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. e. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than forty_(40) feet apart. f The height of the lettering of the warning signs shall be at least twelve (12) inches in height The warning signs shall be installed at least five (5) feet above the finished grade. 1r.7. All buildings and support equipment associated with a telecommunications tower shall comply with the requirements of this section. St,uel( througk portions are deleted. 6:\ATTY\0RDNANCE\2008\08-008. wpd Page 11 of 42 Underlined portions are added. 7-8. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code. 8-9. All telecommunications towers and the accessory building(s) and/or equipment associated with the towers, shall be enclosed by opaque security fencing eight (8) feet in height and shall be equipped with an appropriate anti climbing device, regardless of the zoning district in which the tower is located..-, provided, however, the County may waive such requirements. 9-10. Telecommunications tower setbacks and separations standards, as provided in Sections 7.10.23(K) and 7.10.23(L)(1) of this Code shall be calculated and applied to telecommunications tower facilities located in the County irrespective of municipal and county jurisdictional boundaries. 40:11. Telecommunications towers shall be regulated and permitted pursuant to this Section and shall not be regulated as essential services, public utilities, or private utilities. 14-.12. Owners and/or operators of towers shall certify that all licenses required by law for the construction and/or operation of a wireless communications system in the County have been obtained and shall file a copy of all required licenses within the County. The County shall grant or deny each properly completed application for any other wireless communications facility based on the applicant's compliance with the County's applicable including but not limited to land development regulations, consistent with this subsection and within the normal time frame for a similar type of review but in no case later than ninety (90) business days after the date the application is determined to be properly completed in accordance with this paragraph. An application is deemed submitted or resubmitted on the date the application is received by the County. If the County does not notify the applicant in writing that the application is not completed in compliance with the County's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted the application is deemed for administrative purposes only, to be properly completed and properly submitted However, the determination shall not be deemed as an approval of the application If the application is not completed in compliance with the County's regulations the County shall so notify the applicant in writing and the notification must ugh portions are deleted. 6:\ATTY\0RDNANCE\Z0D8\08-008.wpd Page 12 of 42 Underlined portions are added. indicate with specificity any deficiencies in the required documents or deficiencies in the content of the required documents or deficiencies in the content of the required documents which if cured make the application properly completed Upon resubmission of information to cure the stated deficiencies, the County shall notify the applicant, in writing, within the normal time frame of review, but in no case longer than twenty (20) business days after the additional information is submitted of any remaining deficiencies that must be cured. Deficiencies in document type or content not specified by the County do not make the application incomplete Notwithstanding this subparagraph, if a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies the Count may continue to request the information until such time as the specified deficiency is cured The County may establish reasonable time frames within which the required information to cure the application deficiency is to be provided or the application will be considered withdrawn or closed. If the County fails to grant or deny a properly completed application for a wireless communications facility within the time frames set forth in this Section D. the application shall be deemed automatically approved and the applicant may proceed with placement of such facilities without interference or penalty. The time frames specified in this Section D may be extended only to the extent that the application has not been granted or denied because the County's procedure generally applicable to all other similar types of applications permits, require action by the Board of County Commissioners and such action has not taken place within the time frames specified in this Section 5. Under such circumstances, the County will act to either grant or deny the application at its next regularly scheduled meeting or otherwise the application is deemed to be automatically approved. Applicants regulated by this Ordinance may request a pre application conference with the County. Such request shall be submitted with a non refundable fee of Five Hundred Dollars ($500 00) to reimburse the County for the cost and fees incurred by the conference. GE. BUILDING CODES/SAFETY STANDARDS; The construction, operation and repair of telecommunications facilities are subject to the supervision of the County, and shall be performed in compliance with all laws, ordinances, departmental rules and regulations and practices affecting such system including, but not limited to, zoning codes, building codes, and safety codes, and as provided below. The construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronics Industry Association. All telecommunications towers must meet or exceed Hugh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. pd Page 13 of 42 Underlined portions are added. current standards and regulations of the FAA, the FCC, including radio frequency emission standards and regulations of the state or federal government with the authority to regulate towers prior to issuance of a building permit by the County. If such applicable standards and regulations are changed, then the owners of the telecommunications towers governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the expense of the owner. 2. To ensure the structural integrity of telecommunications towers, the owner shall construct and maintain the telecommunications tower in compliance with County building codes, including, but not limited to the Land Development Code and all applicable codes and standards, including Southern Standard Building Code (5146^^—'TFlorida Building Code, the Electronics Industries Association and the American Society of Civil Engineers (ASCE) and all other applicable codes and standards as amended from time to time. A statement shall be submitted to the County by a professional engineer certifying compliance with this subsection. Where a preexisting structure, including light and power poles, is requested as a camouflage facility by the owner, the facility, and all modifications thereof, shall comply with all Buildinq Code requirements as provided in this section. Following the issuance of a building permit, the owner shall provide the County a professional analysis of a soil sample from the base of the telecommunications tower site to assure integrity of the foundation. 3. Although the County will not require wireless providers to provide evidence of a wireless communications facility's compliance with federal regulations except evidence of compliance with applicable Federal Aviation Administration requirements less than 14 C. F. R. S. 77, as amended, and evidence of proper FCC license or other evidence of FCC authorized spectrum use, the County may request the FCC to provide information as to a wireless provider's compliance with federal regulations, as authorized by federal law. OF. REQUIREMENT OF SITE PLAN AND ENGINEERING REPORT. All applicants for new towers and towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional Struck gh portions are deleted. 6:\ATTYWRONANCE\2008\08-008mpd Page 14 of 42 Underlined portions are added. engineer licensed to practice in the State of Florida. The report shall include: all information required by Section 1102 09 A (1)(2) (3) and (5) of the Land Development Code of St. Lucie County except to the extent such information is determined to be not applicable by the Growth Management Director or his designee In addition the report shall include the ollowin : 1. A site plan of the entire subject property drawn to scale prepared in accordance with the requirements of Section 11.02.00 of this Code.- including, but not limited to: a. Site plan development consistent with Section 11.02.00 I. A tax parcel number, legal description of the parent tract and leased parcel total acres and Section/Township/Range of the subject property, ii. The lease parcel full dimensioned including property lines, setbacks roads on or adjacent to the subject property, easements; iii. Outline of all existing buildings, including a purpose (i.e., residential buildings garages accessory structures etc.) on subject property, iv. All existing vegetation by mass or individually by diameter, measured four feet from the ground of each stand-alone tree on the subject property; V. Proposed/existing security barrier, indicating type and extent as well as point of controlled entry; vi. Proposed/existing access easements utility easements and parking for the telecommunications tower; vii. All proposed changes to the subject property including grading vegetation removal temporarX or permanent roads and driveway storm water management facilities and any other construction or development attendant to the telecommunications tower; Struck tHreagh portions are deleted. 6:\A7MORONANCE\2008\08-008. wpd Page 15 of 42 Underlined portions are added. viii. Scaled elevation drawing of a proposed telecommunications tower including location of all mounts, antennas, equipment buildings, fencing and landscaping; ix. If applicable on -site and adjacent land uses, and Comprehensive Plan classification of the site. Type of tower and specifics of design. a. Equipment brochures for the proposed tower such as manufacturers specifications or trade -journal reprints. These shall be provided for the antennas mounts equipment shelters, cable as well as cable runs. and security barrier, if any; b. Materials of the proposed tower specified by generic type and specif is treatment (i.e.. anodized aluminum stained wood painted fiberglass, etc. These shall be provided for the antennas, mounts, equipment shelters, cable as well as cable runs, and security barrier, if any; c. Colors of the proposed tower represented by a color board showing actual colors proposed Colors shall be provided for the antennas mounts equipment shelters, cable as well as cable runs, and security barrier, if any; d. Dimensions of the tower specified for all three directions: height, width and breadth These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any; and e. A visual impact analysis with a minimum of two (2) photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment shelters cables as well as cable runs, and security barrier, if any for the total height width and breadth as well as at a distance of two hundred fifty (250) feet and five hundred (500) feet from all properties within that range, or at other points agreed upon in a preapplication conference. Strnel4hrengh portions are deleted. 6:NATTY\ORDNANCE\2008\08-008.wpd Page 16 of 42 Underlined portions are added. - ni. 4-3. If applicable. -Aa narrative of why the proposed tower cannot comply with the requirements as stated in this section, if applicable. �-4. Current wind -loading capacity and a projection of wind -loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted or be permitted to be modified so as to exceed its wind -loading capacity. 6-5. A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties. 7-.6. A statement of compliance with Section 7.10.23(6E), all applicable Building Codes associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. Except where provided in Section 7.10.23($C)(3)(a), all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self support/lattice or guyed towers shall be able to accommodate three (3) users. 8-.7. A statement of compliance with Section 7.10.23(C-E)(1), demonstrating that the telecommunications tower including all existing and proposed antennas is in compliance with current radio frequency emission (RFE) standards as established by the FCC. 9-.8. Any additional information reasonably deemed necessary by the County to assess compliance with this Code. 9. Special fee The County shall have the right to retain independent technical consultants and experts that it deems reasonably necessary to properly Struek through portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 17 of 42 Underlined portions are added. evaluate applications for individual towers. The special fee shall be based upon the hour rate of the independent technical consultant or expert the County deems necessary to properly evaluate applications for a tower or towers. The special fee shall be applied to those applications requiring special review or evaluation The special fee shall be paid by the applicant to the County. E G. AESTHETICS. All telecommunications towers and antennas shall meet the following requirements_ 1. At a telecommunications tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish or sub ject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors so as to reduce visual obtrusiveness. Except as noted in paragraph 3 and 4 below, all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code The Environmental Resources Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary n order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viability at the expense of the owner. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound from property used for residences The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound except that if the tower perimeter abuts a public or private street or road right-of-way, the minimum buffer width shall be fifteen (15) feet Existing mature growth not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases such as towers sited on large wooded lots natural growth around the property perimeter may be a sufficient buffer. The iy Beve�pnterr# Environmental Resources Director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00. of this Code. Straek through portions are deleted. 6:\ATTY\ORONANCE\2008\08-008.wpd Page 18 of 42 Underlined portions are added. 3. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 3.4. The Board of County Commissioners may consider total or partial relief from the required perimeter landscaping requirements of Paragraph 2 above, if the proposed Telecommunications Tower meets the all of the following standards and criteria: a.) The Telecommunications Tower is located in an AG-5, AG-2.5, AG-1, IL, IH or U Zoning district. b.) The proposed Telecommunications Tower is located a minimum of 1000 feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, pubic or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. c.) The proposed Telecommunications Tower base must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. d.) It is demonstrated to the satisfaction of the Board of County Commissioners that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Board of County Commissioners may impose reasonable limiting conditions associated with that relief. 4.5. The provisions of this paragraph shall not apply to Telecommunications Towers or Antenna, or Antenna Arrays erected or attached to any existing telecommunications tower or existing building or structure except that any Strnelt through portions are deleted. 6:\ATTY\ORDNANCE\2008\08-OOS.wpd Page 19 of 42 Underlined portions are added. support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 5.6. The County reserves the right to require that any new towers be designed as a camouflage tower. F-.H. SECURITY FUND. Every Telecommunications service provider shall establish a cash security fund, or provide the County with an irrevocable letter of credit in the same amount, to secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section 7.10.23(P Q), in the event the owner fails to comply with the provisions of Section 7.10.23(P C, ). The amount of the cash security fund, letter of credit, or, bond is to be provided as follows: 1. For each commercial telecommunication $15;909 $25,000 tower and the initial set of antenna or antenna array 2. For each co -located telecommunication $5 000 providers antenna or antenna array &J. GENERAL REQUIREMENTS FOR THE LOCATION OF NEW TELECOMMUNICATIONS TOWERS ON COUNTY PROPERTY In addition to the other standards of this section, every new telecommunications tower proposed for location on any property owned, leased, and/or controlled by St. Lucie County shall be subject to the following minimum standards: 1. Lease Required. Any new construction, installation or placement of a telecommunications facility on any property owned, leased, and/or controlled by the County shall require a Lease Agreement executed by the County and the owner of the facility. The County may require, as a condition of entering into a Lease Agreement with a telecommunications services provider, the dedication of space on the facility for public health and safety purposes, as well as property improvements on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. ugh portions are deleted. 6: WTTY\ORDNANCE\2008\08-a08.wpd Page 20 of 42 Underlined portions are added. 2. Inventory of Existing Sites Withim S__.-_h Area: a. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites withim the search are . All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed telecommunications tower. No new telecommunications tower which -is shall be permitted Mthffim eme mule of an existimg tower wHach one hundred (159) feet or unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or state o the art alternative technology that does not require the use of new telecommunications tower or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower structure or state of the art alternative technology is suitable shallY consist of any of the following: I. An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on County owned telecommunications towers or usable antenna support located within a one-half (1/2) mile radiuses of the proposed telecommunications tower site. ii. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed telecommunications tower site. I:iii. No existing tower or structure located within the search area has the capacity to provide reasonable technical service, including but not limited to, applicable FCC coverage requirements. 2-:iv. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. ugh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 21 of 42 Underlined portions are added. 3-v_. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 4-M. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 5-vii. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. 67viii. The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of applicant's FCC license is unsuitable. Costs of state of the art technology that exceed new telecommunications tower or antenna development shall not by itself be presumed to render the technology unsuitable. b. The County may share such information as provided in Sections 7.10.23(6I)(2)(a) with other applicants applying for a permitted use on private property and conditional use under this section or other organizations seeking to locate antennas within the jurisdiction of the County provided, however, that the County is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable. 3. Collocation Incentive - The County shall provide the following incentive to service providers: a. The County shall grant or dew each properly completed application as provided in this Section for the collocation of a wireless communications facility within the County's jurisdiction within the normal time frame for a similar building permit review but in no case later than forty-five (45) business days after the date the application is determined to be properly completed in accordance with the County's application procedures provided the following. 6'- k4-, wgkt portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 22 of 42 Underlined portions are added. b. Collocations on towers including non -conforming towers that meet the requirements in subparagraphs b(I) through b(iii) below, are subject to only buildingpermit review, which may include a review for compliance with this subparagraph such collocations are not subject to any design or placement requirements of the County's land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application provide the ollowin : I. The collocation does not increase the height of the tower to which the antennas are to be attached measured to the highest point of any part of the tower or any existing antenna attached to the tower; and H. The collocation does not increase the ground space area, commonly known as the compound approved in the site plan for equipment enclosures and ancillary facilities; and iii. The collocation consists of antennas a ui ment enclosures and ancillary facilities that are of a design and configuration consistent with all applicable regulations restrictions, or conditions if any applied to the initial antennas placed on the tower and to its accompanying equipment enclosures and ancillary facilities and if applicable applied to the tower supporting the antenna Such regulations may include the design and aesthetic requirements but not procedural requirements other than those authorized by this section of the County's land development regulations in effect at the time the initial antennas placement was approved. c_ Except for a historic buildingstructure site object, or district, or a tower on any property owned leased or otherwise controlled by the County, a collocation on all other existing structures that meet the requirements in subparagraphs C (I) through (iv) below shall be subject to no more than building permit review, and an administrative review for compliance with this subparagraph Such collocations are not subject to Struck through portions are deleted. 6;\ATTY\ORDNANCE\2008\08-008.wpd Page 23 of 42 Underlined portions are added. any portion of the County's land development regulations not addressed herein or to public hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application provided the following: I. The collocation does not increase the height of the existing structure to which the antennas are to be attached, measured to the highest point of any part of the structure or any existing antenna attached to the structure; ii, The collocation does not increase the ground space area, otherwise known as the compound if any, approved in the site plan for equipment enclosures and ancillary facilities; iii. The collocation consists of antenna equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements other than those authorized by this section, of the County's land development regulations in effect at the time of the collocation_ application; and iv. The collocation consists of antenna equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subparagraph (c) and were applied to the initial antenna placed on the structure and its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas. d. Regulations restrictions conditions or permits of the County, acting in its regulatory capacity, that limit the number of collocations or require review processes inconsistent with this subsection, shall not apply to collocations addressed in this paragraph. e. If only a portion of the collocation does not meet the requirements of this subparagraph such as an increase in the height of the proposed Struck through portions are deleted. 6: WTTY\ORDNANCE\2008\08-008.wpd Page 24 of 42 Underlined portions are added. antenna over the existing structure height or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions of the collocation meet the requirements of this subparagraph the portion of the collocation only may be reviewed under the County's regulations applicable to an initial placement of that portion of the facility, includingbut not limited to, its land development regulations and within the review time frame specified in Section D. The rest of the collocation shall be reviewed in accordance with this subparagraph A collocation proposed under this subparagraph that increases the ground space area. otherwise known as the compound, approved in the original site plan for equipment enclosures and ancillary facilities by no more than a cumulative amount of four hundred (400) square feet or fifty percent (50%) of the original compound size, whichever is greater, shall however, require no more than administrative review for compliance with the County's regulations, including but not limited to land development regulations review, and building permit review with no public hearing. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. If a collocation does not meet the requirements of subparagraph 3.0 the County may review the application under the County's regulations, including but not limited to land development regulations applicable to the placement of an initial antennas and its accompanying equipment enclosure and ancillary facilities. If a collocation meets the requirements of subparagraph 3.C, the collocation shall not be considered a modification to an existing structure or an impermissible modification of a nonconforming structure. h. The owner of the existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the existing tower had to comply at the time the tower was permitted, including any aesthetic requirements provided the condition or requirement is not inconsistent with this paragraph. ugh portions are deleted. 6: \ATTY \ORDNANCE \ZOOS \08 - 008. wpd Page 25 of 42 Underlined portions are added. I. An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no more than administrative review and building permit review, and is not snub iect to public hearing review, if the overall height of the tower is not increased and if a replacement the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like -camouflaged tower. The subparagraph shall not preclude a public hearing for any appeal of the decision on the application. -3-4. Incentive to collocate facilities on County property. Pursuant to the intent of this Ordinance, the County shall provide the following incentives to tenants in order to encourage the collocation of telecommunications facilities: a. Tenants seeking to co -locate shall not pay rent to the facility owner in excess of the fair market value for the space, as determined at the time of execution of the lease. b. The County shall receive a percentage of the rental fees and permit fees received by the telecommunications facility operators from each subsequent tenant at a single telecommunications facility located on public property. Fees for placement, installation and use of telecommunications towers and antennas shall be determined by resolution of the Board. 4.5. Inspections, reports, fees, and monitoring. a. Telecommunications tower owners shall submit a report to the Building Official certifying structural and electrical integrity of the telecommunications tower every f two j) years. The report shall be accompanied by a non refundable fee of two hundred dollars ($200 00) to reimburse the County for the cost of review. b. The County may conduct periodic inspections of telecommunications towers and antenna, at the owner's expense, to ensure structural and electrical integrity and compliance with the provision of this Ordinance. The owner of the telecommunications tower may be required by the Struck gh portions are deleted. 6:\AT7Y\0RDNANCE\2008\08-008.wpd Page 26 of 42 Underlined portions are added. County to have more frequent inspections should there be extraordinary conditions or other reason to believe that the structural and electrical integrity of the telecommunications tower is jeopardized. There shall be a maximum of one inspection per year unless extraordinary conditions warrant. If, upon inspection, the County concludes that a telecommunications tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the telecommunications tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such telecommunications towers and antennas into compliance within thirty_(30) days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense. if th owmer fads to brimg such +awer irito complia kee within thirty (30) days-, the owmer sliall remove of the tower at the awmer's expense. C. No lease or sublease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the County for delivery of telecommunications services or any other purpose. d. No lease granted under this section shall convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purpose and term stated in the lease agreement. No lease granted under this section shall be construed as a conveyance of a fee title interest in the property. e. The Board of County Commissioners shall adopt by resolution a standard fee schedule to be used in the calculation of lease rates for the use of County property for establishing a telecommunications tower site. -5-6. Indemnification and insurance requirements Indemnification a. The County shall not enter into any lease agreement or otherwise tower siting by a telecommunications service provider until and unless the St -welt #19rougli portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 27 of 42 Underlined portions are added. County obtains an adequate indemnification from such provider. This indemnification must at least: (1) Release the County from and against any and all liability and responsibility in or arising out of the constructions, operation, or repair of the telecommunications facility. Each telecommunications facility operator must further agree not to sue or seek any money or damages from the County in connection with the above mentioned matter; (2) Indemnify and hold harmless the County, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgments or decrees, sustained by the County or any third party arising out of, or by reason of, or resulting from, or out of each telecommunications facility operator's, or its agent's, employee's, or servant's negligent acts, errors, or omissions; and, (3) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the responsibility of the party to indemnify. Insurance a. The County may not enter into any lease agreement, or otherwise authorize a tower site by any telecommunications service provider until and unless the County obtains assurance that such operator (and those acting on its behalf) have adequate insurance as determined by the County Personnel/Risk Manager. At a minimum, the following insurance requirements shall be satisfied: 1. A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the County Personnel/Risk Manager, nor shall a telecommunications facility operator allow any contractor or i6tr ue}c threugh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 28 of 42 Underlined portions are added. subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved by the County Personnel/Risk Manager. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the County may order such entities to cease operation of the facility until such insurance is obtained and approved. 2. Certificate(s) of such insurance, reflecting evidence of the required insurance shall be filed with the County Personnel/Risk Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereof ter, and as provided below in the event of a lapse in coverage. 3. The certificate(s) of insurance shall contain a provision that coverages afforded under such policies shall not be cancelled until at least thirty (30) days prior written notice has been given to the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. 4. Where applicable, in the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the lease agreement with the County, then in that event the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certif icate of insurance as proof that equal and like coverage remains in effect for the balance of the lease term. b. A telecommunications facility operator and its contractors or subcontracts engaged in work on the operator's behalf, shall maintain minimum insurance, in the amounts determined by the County Personnel/Risk Manager, to cover liability, bodily injury and property damage. The insurance shall cover the following exposures: premises, operations, and certain contracts. Such coverage shall be written on an &truck4hretigh portions are deleted. s \ATrv\OQ0NANCE12008\08-008.wpd Page 29 of 42 Underlined portions are added. occurrence basis and shall also be required under any lease agreement between the County and the telecommunications facility operator. 1+J. TELECOMMUNICATIONS ANTENNAS ON EXISTING STRUCTURES. Any telecommunications antenna which is not attached to a tower shall be approved by the Gommunity Development Growth Management Director as an accessory use to any commercial, industrial, institutional, or multi -family structure of three (3) or more stories provided: 1. The antenna does not extend more than twenty (20) feet above the highest point of the structure; and 2. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and 3. Wall -mounted antennas shall be located as close as possible but no more than four (4) feet from the face of the wall of the building to which it is attached. Wall -mounted antennas shall not exceed f ifty (50) square feet per building face excluding mounting; and 4. To minimize adverse visual impacts, antenna types shall be selected based upon the following priority: (2) camouflage; (2) whip; (3) panel; and, (4) dish. An applicant for the construction of a telecommunications tower shall state in writing why each choice cannot be used for a particular application if that choice is not the top priority, and 5. Roof mounted antennas shall have a vertical clearance to the roof of not less than 10 (ten) feet. I.K. ANTENNAS ON EXISTING TOWERS An antenna which is attached to an existing tower shall be approved provided such collocation is accomplished in a manner consistent with the following; A tower which is modified or constructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Growth Management Director allows reconstruction as a monopole. Straeltthrough portions are deleted. 6:\ATTY\0RDNANCE\2008\0S-006.wpd Page 30 of 42 Underlined portions are added. 2. An existing tower may be modified or rebuilt to a taller height, to accommodate the collocation of an additional antenna(s), only if the modification or reconstruction is in full compliance with the Codes Standard Building Gede. This provision shall include utility and power poles. This additional height shall not require an additional separation as set forth in Section 7.10.23(L). The pre - modification tower height shall be used to calculate such distance separations. 3. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty (50) feet of its existing location, subject to applicable setback and separation requirements. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 7.10.23(1;N) and shall in no way be deemed to cause a violation of Section 7.10.23(6N),. A tower which previously received a conditional use approval may be rebuilt according to the conditions under which the conditional use was approved. 4. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The initial tower shall be removed within thirty (30) days of the final inspection for the new tower. 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five 65) feet and higher above the ground may not exceed eight (88) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets. .T.L. ROOFTOP MOUNTED TELECOMMUNICATIONS TOWERS AND ANTENNAS. All rooftop towers and antennas shall comply with the following requirements: 1. The height of the tower, including support structures, shall not extend more than fifteen (15) feet above the average height of the roof line and 2. Rooftop communication towers shall not adversely affect adjacent properties..-,� and 3. Screening shall be required to minimize the visual impact upon adjacent properties:: and Neagh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008.wpd Page 31 of 42 Underlined portions are added. 4. No more than one (1) rooftop telecommunications tower shall be located on a single lot or a single buildingsite. ite. K:M SETBACKS. The following setback requirements shall apply to all telecommunications towers for which a permit is required: 1. All telecommunications towers shall be setback from all property lines a minimum distance of 20% of the height of the tower, or the minimum setback for the zoning district, or meet the fall radius, whichever is greater. 2. The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements. L-.N. SEPARATION/HEIGHT: 1. The following separation requirements shall apply to all telecommunications towers for which a building permit is required: Via. Separation from off-site/designated areas: �1. Telecommunication Ttower separation shall be measured from the base of the telecommunication tower to the lot line of the off -site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. b-.2. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map The applicant shall also identify the type of construction of the existing telecommunications tower(s) and the owner/operator of the existing telecommunications tower(s), if known: 3. Separation requirements for towers shall comply with the minimum standards established in Table 7-40. Struek tHreagh portions are deleted. 6:\ATTY\ORDNANCE\2008\OB-DOB.wpd Page 32 of 42 Underlined portions are added. Table 7-40 From any habitable residential structure 750 feet or 400300% of (except for accessory security residences in telecommunications tower height, IL, IH and U zoning districts whichever is greater From vacant residentially zoned land From any non -residentially zoned land and accessory security residences in IL, IH and U zoning districts 500 feet or }00300% of telecommunications tower height, whichever is greater 20% of tower height, zoning setback or full radius, whichever is greater Separation measured from base of telecommunications tower to closest building setback line. 4. Separation distances between telecommunications towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base pursuant to a site plan of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. ,c 5. The Board of Adjustment may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separation distance of less than 500 feet or 50% of the height, whicliever as greater. 6. The Board of Adjustment shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that: 47a. A literal interpretation of the provisions of Table 7-40 would render the applicant in violation with FCC coverage requirements. portions are deleted. 6:\ATTY\ORDNANCE\2008\08-OOS.wpd Page 33 of 42 Underlined portions are added. -a.b. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. 3-c. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures; and 4d. The variance requested arises from a condition that is unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the actions of the property owner or applicant. The above standards of review are in addition to those general standards set out in Section 10.01.02 of this Code -a. b. Separation distances between telecommunications towers. e:l. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 7.20.23(6)(2) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. 45:2. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the base of the proposed tower, pursuant to a site plan. e:3. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites within the search area. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed tower. No new tower shall be permitted within one mile of an existing tower unless the applicant demonstrates to the reasonable satisfaction Neagh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 34 of 42 Underlined portions are added. of the County that no existing tower, structure or alternative technology that does not require the use of new towers or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower structure or alternative technology is suitable may consist of any of the following: Via. No existing tower or structure located within the search area has the capacity to provide reasonable technical service, including but not limited to, applicable FCC coverage requirements. fib. Existing towers or structures are not of sufficient height to meet applicable FCC coverage requirements. Vic. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 4.d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennas. § e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 6:f The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. d-4. The Board of Adjustment may approve variances from the separation requirement to habitable residential structures of less than 300 feet, provided that the applicant meets all of the provisions of Section 7.10.23(QN). Struck tkreugk portions are deleted. 6: \ATTY\ORDNANCE\2008\08-008. wpd Page 35 of 42 Underlined portions are added. e-.5. The separation distance of one mile between towers shall not apply to properties that are proposed to be developed as a "telecommunications tower farm", in order to encourage clustering of telecommunications towers on a single property, provided that all other setback and separation standards as specified in this section are met. 6. Telecommunications towers shall not be constructed any heights in excess of those provided below: a. For a single user, up to ninety (90) feet in height; b. For two users, up to one hundred twenty (120) feet in height; c. For three or more users, up to one hundred fifty (150) feet in height; d. For the purpose of determining comdliance with all requirements of this Section, measurement of telecommunications tower height shall include the telecommunications tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than twenty (20) feet over the top of the telecommunications tower structure itself. Telecommunications tower height shall be measured from r9 ade, #,0 BUILDINGS AND EQUIPMENT STORAGE AREAS. It is recognized that each telecommunications tower will have some type of associated electronic support and equipment buildings at or near the tower. Depending on the type of tower being erected, the following general standards shall apply, in addition to the other general provisions of the code. Rooftop mounted towers antennas shall comply with the following requirements; a. square feet im area or Rooftop equi pment/sto rage eetbinets sHall not exceed a total of 3GE-) of the tote' roof area, whichever is less. The equipment building shall not occupy more than five hundred (500) tru ( through portions are deleted. 6: NATMORDNANLE\2008\08-008. wpd Page 36 of 42 Underlined portions are added. square feet of gross roof area. or be more than sixteen (16) feet in height. b. Rooftop equipment/storage cabinets shall be set back a minimum of 15 feet from the edge of the roof or 1/4 of the distance along the perpendicular axis of the roof, whichever is less. C. All rooftop equipment buildings shall be finished, screened or designed so that they blend into the architecture of the building on which they are located. d. Rooftop equipment/storage cabinets shall not exceed a total of 300 square feet in area or 25% of the total roof area, whichever is less. or be more than sixteen (16) feet in height. e. All equipment buildings shall meet all County design standards and comply with the building codes. f No commercial advertising including company name shall be allowed on an antenna, screen or a ui ment building. No signals lights or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code h. The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, and telephone number for safety and security and shall comply with this Code. I. Mobile or stationary equipment not located within the building upon which the antenna is mounted or in an eec uipment building, shall not be stored or parked on the site of a building_ mounted antenna, unless repairs to the antenna are being made. 2. Antennas located on power poles, street lights or other utility poles shall comply with the following requirements. Hugh portions are deleted. 6:\ATTY\ORONANCE12008\08-o08.wpd Page 37 of 42 Underlined portions are added. a. Equipment/storage cabinets located on the ground in a public right of way shall not exceed a total of 25 square feet in area. b. The maximum height of any equipment/storage cabinet located on the ground in a public right of way shall be five (5) feet. 3. Antennas located on towers shall comply with the following requirements: a. Equipment/storage facilities shall not exceed an aggregate total of 1,500 square feet in area per telecommunications tower site. b. Equipment/storage facilities shall comply with the minimum building setback standards of the zoning district in which they are located. This requirement may be modified by the Board of Adjustment to encourage collocation. C. All equipment/storage facilities shall be screened in accordance with the general requirements of Section 7.09.00. 4. Generators may be used only when other power sources are not available, and as an emergency back-up power source. N.P. SUPPLEMENTAL REVIEW INFORMATION FOR TELECOMMUNICATIONS TOWER CONDITIONAL USE APPLICATIONS. In addition to the minimum standards of review set forth in this section, any application for a conditional use permit for the construction of a telecommunications tower shall address the following standards and requirements: 1. Compliance with the procedures and requirements of Section 11.07 00 1:2. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. -23. Height of the proposed tower. 34. Setback and separation distance between the proposed tower and the nearest residential units, residential district boundaries, and platted residentially zoned property, where applicable. Struck through portions are deleted. 6:\ATMORONANCEW008\08-008.wpd Page 38 of 42 Underlined portions are added. 4:5. Typography of the area where the tower is proposed to be located. 6. Type, extent and density of existing native vegetation at the proposed site and the surrounding tree coverage and foliage. 6-.7. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Camouflage tower designs shall be encouraged as meeting this criterion. -7-.8. Proposed ingress and egress. 8-. _9 A non refundable fee of five hundred dollars ($500.00) to reimburse the County for the costs of reviewing the application, in addition to all other applicable fees required by the County, A.Q REMOVAL OF TELECOMMUNICATIONS TOWERS AND ANTENNAS. Any telecommunications tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such telecommunications tower or antenna shall remove the same within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove an abandoned telecommunications tower or antenna within the ninety (90) days shall be grounds for the County to remove the tower or antenna at the expense of the owner. If there are two (2) or more users of a single telecommunications tower, the telecommunications tower shall not be considered abandoned until all users cease using the telecommunications tower for a continuous period of twelve (12) months. P.R. PRE-EXISTING TELECOMMUNICATIONS TOWERS. Any telecommunications tower erected before September 2, 1997 shall be allowed to continue usages which existed on this date. Routine maintenance of the tower and its support facilities is allowed to continue. Any existing tower that does not meet the standards of this section shall not be required to meet these standards unless and until the tower is proposed for replacement. At the time any existing telecommunications tower is proposed to be replaced or substantially improved, then the requirements of this section shall apply. ¢S. INSPECTIONS, REPORTS, FEES, AND MONITORING. k rough portions ore deleted. 6:\ATTY\0R0NANCE\2008\08-008.wpd Page 39 of 42 Underlined portions are added. d71. Telecommunications tower owners shall submit a report to the &ammumity Development Building Official certifying structural and electrical integrity of the tower every five-(5) three 3 years. The report shall be accompanied by a non refundable fee of two hundred dollars ($200.00) to reimburse the County for the cost of review. 1:,-2. The County may conduct periodic inspections of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provision of this Ordinance. The owner of the telecommunications tower maybe required by the County to have more frequent inspections should there be extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized. There shall be a maximum of one inspection per year unless extraordinary conditions warrant. If, upon inspection, the County concludes that a tower fails to comply with streh codes amd standards the Codes and permits and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) sixty 60 days to bring such tower into compliance with such standards. Failure to bring such communications towers into compliance within sixty (60) days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense. if :e owner f etils to brimq sucH tower imte ee npliamee withili thirty (39) detys, the owner shall remove of +He tower at the owner's expe . If the Building Official determines that the tower constitutes an imminent danger to public health and safety, then upon notice being provided to the owner of the tower, the owner shall have ten (10) days to cure the threat. Failure to cure the imminent danger shall constitute grounds for the County to cure at the owner's expense. T. PENALTIES. Any oerson. firm or corporation who knowinolv breaches any provision of this Section shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty (30) days and to complete a cure, to the County's satisfaction, within sixty (60) days, or such longer time as the County may specify, shall result in revocation of any permit or license and the County shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law. Struelk tHreagh portions are deleted. r:\ATTY\ORDNANCE\2008\08-008. wpd Page 40 of 42 Underlined portions are added. U. PENDING APPLICATIONS This Ordinance will not apply to any complete application submitted to the Growth Management Department on or before April 1, 2008, PART B. SEVERABILITY. The various parts, Sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of a subsequent change in applicable law, so the provision which had been held invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding under this Ordinance. PART C. INCLUSION IN THE CODE. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART D. PROVISIONS OF THIS SECTION TO CONTROL. Notwithstanding any contrary provisions of the County's Code of Ordinances, including the County's zoning regulations, the provisions of this new Ordinance shall control. PART E. REPEALER. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Struelt#krengh portions are deleted. 6:\ATTY\ORDNANCE\2008\08-008. wpd Page 41 of 42 Underlined portions are added. PART F. EFFECTIVE DATE. This ordinance shall be effective upon filing with the Department of State. PART G. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. 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 I. ADOPTION After motion and second, the vote on this ordinance 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 ENACTED this day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Struelt #kraugh portions are deleted. 6:\ATTY\0RDNANCE\2008\08-008. wpd Page 42 of 42 Underlined portions are added. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION Agenda Request Board of County Commissioners Growth Management Department Item Number -4g Meeting Date: 04/0112008 Consent Regular [�Q Public Hearing ( ] Leg. [ ] Quasi -JD [ ] �Kese� B� � Gr wth Management Dir c r Request of Port Richey Village Investments, LLC for Phase Two plat approval for the project known as Waterstone — PUD. The project is located on the east side of Emerson Avenue, approximately 1,000 feet north of Indrio Road. Port Richey Village Investments, LLC, has submitted Phase Two plat. The purpose of the Phase Two plat is to allow for forty-four (44) single-family lots. N/A On December 2, 2003, through Resolution No. 03-240, this Board granted Final Planned Unit Development approval for the project known as Waterstone — PUD (FKA Emerson Estates — PUD). On February 7, 2006, through Resolution No. 06-041, this Board granted a 12-month extension of the Final Planned Unit Development Approval for the Waterstone — PUD. On March 1, 2006, this Board granted approval for the Waterstone — Phase One Plat. On November 30, 2007, the first building permit was issued (Permit No. 0709-0070). On March 11, 2008, the Board of County Commissioners pulled the item from the consent agenda. Approve the Phase Two Plat for the subdivision known as Waterstone — PUD and authorize its execution. COMMISSION ACTION: ® APPROVED DENIED ElOTHER Approved 4-1 Coward - NO County Attorney Ctv. Engineer. CO RRENCE: Douglas M. Anderson County Administrator Coordination/ Si atures E.R.D.:_ Cty. Surveyor: Other: � Other: Form No. 07-07 rtAly itx:)n Agenda Request Item Number _P_ Meeting Date: 03/11/2008 Consent [X] Regular [ ] Public Hearing [ ] Leg. [ ] Quasi -JD [ ] To: Board of County Commissioners Present d By Submitted By: Growth Management Department Growth nagement Director SUBJECT: Request of Port Richey Village Investments, LLC for Phase Two plat approval for the project known as Waterstone — PUD. The project is located on the east side of Emerson Avenue, approximately 1,000 feet north of Indrio Road. BACKGROUND: Port Richey Village Investments, LLC, has submitted Phase Two plat. The purpose of the Phase Two plat is to allow for forty-four (44) single-family lots. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On December 2, 2003, through Resolution No. 03-240, this Board granted Final Planned Unit Development approval for the project known as Waterstone — PUD (FKA Emerson Estates — PUD). On February 7, 2006, through Resolution No. 06-041, this Board granted a 12-month extension of the Final Planned Unit Development Approval for the Waterstone — PUD. On March 1, 2006, this Board granted approval for the Waterstone — Phase One Plat. On November 30, 2007, the first building permit was issued (Permit No. 0709-0070). RECOMMENDATION: COMMISSION ACTION: APPROVED DENIED OTHER County Attorney Ctv. Engineer: Form No. 07-07 Coordination/ Signatures E.R.D.: Other: CONCURRENCE: Douglas M. Anderson County Administrator Cty. Surveyor: 11 YA1 Other: Commission Review: 3/11/2008 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP — Growth Management Director Robin Meyer, AICP — Assistant Growth Management Director FROM: Andrew Riddle, AICP — Senior Planner DATE: March 3, 2008 SUBJECT: The request of Port Richey Village Investments, LLC for Phase Two Plat approval for the project known as Waterstone — PUD. On December 2, 2003, through Resolution No. 03-240, this Board granted Final Planned Unit Development approval for the project known as Waterstone — PUD (FKA Emerson Estates — PUD). The property is located on the east side of Emerson Avenue, approximately 1,000 feet north of Indrio Road. On March 1, 2006, this Board granted approval for the Waterstone — Phase One Plat. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes and the applicant has submitted their share of the costs of installing a traffic signal at the intersection of Indrio Road and Emerson Avenue. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the Phase Two Plat for the subdivision to be known as Waterstone — PUD and authorize its execution. Please contact this office if you have any questions on this matter. cc: Jeremy Sadoff Ron Harris, County Surveyor File 461 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 JOANNE HOLMAN, CLERK OF THE CIRCUIT COLT - SAINT LUCIE COUNTY File Number: 2385627 OR BOOK 1944 PAGE 780 Recorded:04/16/04 14:39 RESOLUTION 03-240 FILE No.: RZ43-0121PUD-02-0021MJSP-02-= A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL, 1 DU/AC) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - EMERSON ESTATES) ZONING DISTRCT AND FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE PROJECT TO BE KNOWN AS EMERSON ESTATES - PUD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. CHANGE IN ZONING a change in zoning from the AG-1 (Agriculti Zoning Districts to the PUD (Planned Unit District for certain property in St. Lucie Cour 2. On July 17, 2003, the St. Lucie County P hearing, of which due public notice was 500 feet at least 10 days prior to the h r 1 Du/AC) and IX (Industrial Extra Development— Emerson Estates) zoning lu A ent , presented a petition for 1 D )and ,,presented (Industrial Extraction) jillopm t — Emerson Estates) Zoning :and Zonin ommission held a public d maile o all property owners within commended to this AG-1 (Agricultural, Districts to the PUD (Planned Unit 3. On November 25, 2003, thi"theicuhearing ublic Daring on the petition, after publishing a notice of such hearing and all owners of property within 500 feet of the subject propertyfor the pur ' g the requested change in zoning from AG-1 (Agricultural,1 Du/Ac) d r ction) Zoning Districts to the PUD (Planned Unit Development — ning district, to be located on the property described below, conts hearing on this item until December 2, 2003. 4. On December 2, 2V93, the public comment an estin File No.: RZ-03-012/PUD-02-002/MJSP-02-003 December 2, 2003 the public hearing and accepted additional Resolution 03-240 Page 1 OR BOOK 1944 PAGE 701 1 SITE PLAN 2 3 5. 250 Emerson Avenue. LLC. (Houston Cuozzo Group Inc Agent), is proposing the 4 construction of a 720-unit residential project consisting of 544 Single -Family Lots and 176 5 Multiple -Family Units for property located on the east side of Emerson Avenue, 6 approximately 1,000 feet north of Indrio Road, which project is to be known as Emerson 7 Estates — Planned Unit Development. 8 9 6 The Development Review Committee has reviewed the Final Planned Unit Development 10 site plan for the proposed project and found it to meet minimum technical requirements. 11 12 7. On July 17, 2003, the St. Lucie County Planning and Zoning Commission held a public 13 hearing, of which due public notice was published and mailed to all propertyowners within 14 500 feet at least 10 days prior to the hearing, and recommended to this Board that 15 Preliminary Development Plan approval for the project to be known as Emerson Estates - 16 Planned Unit Development, be approved. 17 18 8. On September 2, 2003, this Board held a public hearing on the petition, after publishing a 19 notice of such hearing and notifying by mail all owners of property within 500 feet of the 20 subject property, and granted Preliminary Development Plan approval for the project to be 21 known as Emerson Estates — Planned Unit Development, to be located on the property 22 described below. 23 24 9. On November 25, 2003, this Board held a public heann n the petition, after publishing a 25 notice of such hearing and notifying by mail all ners property within 500 feet of the 26 subject property for the purpose of considerin t g of Final Development Plan 27 approval for the project to be known as Emerson Estates— Unit Development, to 28 be located on the property described below ontinued th ublic hearing on this item 29 until December 2, 2003. 30 31 10. On December 2, 2003, the Board re d public hearing and accepted additional 32 public comment and testimony. 33 34 11. The proposed project is co en the g ral purpose, goals, objectives, and 35 standards of the St. Lucie ounty La Deve opment Code, the St. Lucie County 36 Comprehensive Plan, and t Code of Or i ances of St. Lucie County. 37 38 12. The proposed projec not an ue adverse effect on adjacent property, the o 39 character of the nei rhood, tra ditions, parking, utility facilities, or other matters 40 affecting the publi ealth, safety and general welfare. 41 42 13. All reasonable ste have been ken to minimize any adverse effect of the proposed 43 project on the imme vici ' rough building design, site design, landscaping, and 44 screening. 45 46 14. The proposed project will be constructed, arranged, and operated so as not to interfere File No.: RZ-03-012/PUD-02.002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 OR BOOK 1944 PAGE 702 with the development and use of neighboring property, in accordance with applicable district regulations. 15. The proposed project will be served by adequate public facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The proposed Change in Zoning District Classification from the AG-1 (Agricultural, 1 Du/Ac) and IX (Industrial Extraction) Zoning Districts to the PUD (Planned Unit development)— Emerson Estates Zoning District for that property depicted on the attached maps as Exhibit "B" and more particularly described as follows: PARCELI: THE NORTH 1/2 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LE55 AND EXCEPT THE SOUTH 50 ACRES THEREOF, AND LESS AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. TOGETHER WITH: PARCEL 2: THE SW 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 80 FEET AND/T1E WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY, TOGETHER WITH: n PARCEL 3: THE SOUTH 50 ACRES OF THE TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE 80 FEET AND THE WEST 95 FEET THEREOF FOR R CONTAINS 10,020,849 SQUARE FEET OR 230.04- TOGETHER WITH: THE N 1/2 OF THE N 1/2 F N 1/2 OF THE SE 1/4 OF THE NW 1/4 AND OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE LUCIE COUNTY, FLORIDA, _ NW 1/4 OF SECTION 14, LESS AND EXCEPT THE EAST `GHT"F WAY. OR SWOF THE NW 1/4 AND THE N 1/2 OF THE OF ENW1/4OFTHESW1/4OFTHENW2/4 (t,45T, SAM LAND LYING AND BEING IN ST. LESS AND EXCEPTING THEREFR THE FOLL G DESCRIBED PROPERTY. THE EAST 1780 FEET OF THAT PORTION OF THE N 1/ F THEN 1/2 HE SW 1/4 OF THE NW 1/4: AND THE N 1/2 OF THE N 1/2 OF THE SE 1/4 OF TH W 1/4: AND 7 S 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 14, WWN 34 SOUTH ANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WEST OF THE F P CE W MANAGEMENT DISTRICT CANAL NUMBER 5, THE SAID EAST 1780 F NG MEASUR THE NORTH AND 50VTH LINES OF THE ABOVE DESCRIBED PARCEL ONTAINS 10.020 ACRES, MORE OR LESS. TOTAL = CONTAINS1240.067 ACRES, AKORE OR LESS. (Location: East side'lol:Fnerssa /(venue, approximately 1,000 feet north of Indrio Road) owned by 250 Emerson Avenue, LLC, (Houston Cuozzo Grout), Inc, Agent), is hereby changed from the AG-1 (Agricultural, 1 Du/Ac) and IX (Industrial Extraction) Zoning File No.: RZ-03-012/PUD-02-002/MJSP-02-D03 December 2, 2003 Resolution 03.240 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 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 OR BOOK 1944 PAGE 783 Districts to the PUD (Planned Unit Development — Emerson Estates) Zoning District. SITE PLAN B. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Emerson Estates - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, Inc., dated November 18, 2003, and date stamped received by the St. Lucie County Community Development Director on November 18, 2003, for the property described below, subject to the following conditions: General Condition: The special conditions of approval found In Resolution 03-090 are hereby repealed and replaced as follows: 1. No two adjoining single-family homes shall have the some front architectural elevation. Building separation and setback standards shall be as set forth on the project site plans. In the multi -family portion of this development, iWing elevations maybe the same provided that the following minimum sid ration standards are met: • Single story to single story: mi 1 0 feet • Single story to multi -story: minimum o e • Multi -story to multi -story. imum of 25 All Building setback standardssX I be as t forth on the project site plans. 2. Prior to recording of any of the I (PUD) project, the deveI into an enforceable ut'' service ensure the provision water and form consistent with t. Lucie � extensions and avice kWsions its this 'nal Planned Unit Development r succ and assigns, shall have entered �Keeme6f with St. Lucie County Utilities to e services. This agreement shall be in a w regulations regarding utility service 3. The irriga n system wit n this project shall be designed to accept reuse water fro a St. Lucie C# my Utilities as the preferred method of irrigation. 4. Prior to Final PI med nft Development approval, the applicant shall provide documentation from FDOT stipulating the ultimate required right-of-way for Emerson Avenue. In addition, the applicant shall modify the final PUD plans to incorporate the required right-of-way and dedicate the required right-of-way File No.: RZ-03-012/PUD-02-002/MJSP-02-003 December 2, 2003 Resolution 03-240 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 OR BOOK 1944 PAGE 7B4 for Emerson Avenue to the County or FDOT in a manner acceptable to the County Attorney. (this condition has been satisfied - FOOT will not be requestingaddit(oral right-vf-way- k2/02✓03) 5. The developer shall provide adequate site lighting at the intersection of the Emerson Estates development project entrance and Emerson Avenue. The lighting shall be installed utilizing acceptable Engineering Safety Standards. Final design for this lighting installation shall be approved by St. Lucie County. 6. Prior to the issuance of any land clearing permits for the Emerson Estates development, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except as aguide for the installation of the fencing materials. All land clearing activities shall be in accordance with the specific conditions/standards outlined in the Land Clearing Permit. 7. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer shall provide r and left turn lanes at the project's entrance on Emerson Avenue. v\\ 8. Prior to the issuance of the 191'' buildi is or the platting of any additional areas beyond Phase I, as shown on the pro je plan referenced in Part A, the developer shall provide a sidewalk, ing a minimum width of eight feet, along the eastern a of E erson Avenue, from the northern project limits to the southern ct li . 9. The secondary (emerges ingress atti r and the primary recreation facility must be con e r to t issuance of the 191" building permit/units or the p ting of any ditional areas beyond Phase I. 10. When it is war ted, required b DOT and/or St. Lucie County, a traffic signal shall be d at tion of Indrio Road and Emerson Avenue. The develo of Emerson Estates shall be responsible for its proportionate share of t cost of the i tallation of the traffic signal, together with the owners or elopers of of properties, based on the proportionate impact of their respect' evelo is on said intersection. In the event there are not available suffici s from other sources to complete the installation of the traffic signal, the developer of Emerson Estates agrees to pay the total cost of such installation, provided that St. Lucie County enters into an enforceable File No.: RZ-03-012/PUD-02-WPJWSP-02-003 December 2, 2003 Resolution 03-240 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OR BOOK 1944 PAGE 765 agreement with the developer so that (a) developer shall be entitled to impact fee credits for the cost of such installation in excess if the proportionate impact of Emerson Estates, or (b) such owners/developers of other properties impacting said intersection are required to reimburse the developer of Emerson Estates for the cost of such installation in excess of the proportionate impact of Emerson Estates, together with interest, as a condition to the approval of the development of such other properties. 11. Prior to the issuance of Final Planned Unit Development approval, the applicant shall submit to the County a final detailed site plan for the multi -family component of the development. (this condition has been satisfied-12102/03) 12. Within, but no later than, 18 months from the date of issuance of the first residential building permit, the developer of Emerson Estates, or its successors and assigns, shall provide, or cause to be provided, the construction, installation and perpetual maintenance of an opaque screen along the project's south property line(s) to provide for the full screening of this project from the adjoining residential uses. Along the boundary ad' I nt to the townhomes, the screen will consist of berm, fence and landscape .The remainder of the screen shall consist of berm and landscaping. C. The property on which this Final Planned Unit Site Plan approval is being granted is described as follows: PARCEL'.: THE NORTH 1/2 OF THE NW 1/ SE N 14, TO W148HIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LES D EXCE THE SOUTH 50 ACRES THEREOF, AND LESS AND EXCEPT THE EAST 80 FEET A WES 5 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. TOGETHER WITH: PARCEL 2: THE SW S OF 5TT06,ETiWrTH; TOWNSNIf��SY50UTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND P80 FECrAND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS O AY. PARCEL 3: THE SOUTH 5d�J�� TOWNSHIP 34 SOUTH GE �g EAST 80 FEET AND T 95 CONTAINS 10,02 , 49 SQUARE FI TOGETHER WITH: tM N 1/2 OF THEN 1/2 OF THE S T NW 1/4 OF SECTION 14, taWNfF IN ST. LUCIE COUNTY, FLORIDA. File No.: RZ-03-012!PUD-02-002#AJSP-02-003 December 2, 2003 OF THE ORTH 1/2 OF THE NW 1/4 OF SECTION 14, r, ST. E COUNTY, FLORIDA. LESS AND EXCEPT THE MgSkEOF FOR ROAD AND. CANAL RIGHTS OF WAY. OR 230.D47 ACRES, MORE OR LESS. E N 1/2 OF THE SW 1/4 OF THE NW 1/4 AND THE N 112 OF '1/4 AND THE 5 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE 34 SOUTH, RANGE 39 EAST: SAID LAND LYING AND BEING Resolution 03-240 Page 6 OR BOOK 1944 PAGE 766 1 LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY. THE EAST 1780 FEET 2 OF THAT PORTION OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE NW 1/4; AND THE N 1/2 3 OF THE N 1/2 OF THE SE 1/4 OF THE NW 1/4; AND THE 51/2 OF THE NW 1/4 OF THE SW 1/4 OF 4 THE NW 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY. 5 FLORIDA, LYING WEST OF THE FORT PIERCE FARMS WATER MANAGEMENT DISTRICT CANAL 6 NUMBER 5, THE SAID EAST 1780 FEET BEING MEASURED ALONG THE NORTH AND SOUTH LINES 7 OF THE ABOVE DESCRIBED PARCEL. CONTAINS 10.020 ACRES, MORE OR LESS. 8 9 TOTAL = CONTAINS 240.067 ACRES, MORE OR LESS. 10 11 (Location: East side of Emerson Avenue, approximately 1,000 feet north of Indrio Road) 12 13 D. This Final Planned Unit Development Site Plan approval shall expire on November 25, 14 2005, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie 15 County Land Development Code or final plat approval is granted in accordance with 16 Section 11.03.00. 17 18 E. The Final Planned Development Site Plan approval granted under this resolution is 19 specifically conditioned to the requirement that the petitioner, 250 Emerson Avenue, LLC, 20 including any successors in interest, shall obtain all necessary development permits and 21 construction authorizations from the appropriate Local, State, and Federal regulatory 22 authorities, including but not limited to; the United States Army Corps of Engineers, the 23 Florida Department of Environmental Protection, the South Florida Water Management 24 District, and the Ft Pierce Farms Water Management strict prior to the issuance of any 25 local building permits or authorizations to comme development activities on the 26 property described in Part C. 27 28 F. A copy of this resolution shall be attached to t sl a wil s described in Part B, 29 which plan shall be placed on file with the St. Lucie Coun mmunity Development 30 Director. 31 32 G. The certificate of capacity, aed a !bit A all be valid for the same period as this 33 order. If this order expiresotherwis nates, the certificate of capacity shall 34 automatically terminate. 35 36 H. A copy of this Order shall bched a sit Ian drawings described in Section B, 37 which plan shall boon file whe St. Luc County Community Development Director. 38 39 I. This Order shall bLdeld;371e Public ecords of St. Lucie County. 40 41 42 After motion and second, resolution was as follows: 43 44 45 Chairman AYE 46 47 Vice -Chairman John D. Bruhn ABSENT 48 File No.: RZ-03.012/PUD-02-002/MJSP•02-003 Resolution 03-240 Page 7 December 2, 2003 OR BOOK 1944 PAGE 787 Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes AYE NAY AYE PASSED AND DULY ADOPTED this 2nd Day of December, 2003. ATTEST: Deputy 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 DJM/ 47 03-240(H) Fife No.: RZ-03-012/PUD-02.002/MJSP-02-003 December2,2003 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ,!tiF Resolution 03-240 Page 8 1 2 3 4 5 6 8 9 10 11 12 13 14 15, 16 17 18 19 OR BOOK 1944 PAGE 788 Exhibit A Certificate of Capacity Re No.: RZ-03-012/PUD-02-0021MJSP-02-003 December 2, 2003 Resolution 03-240 Page 9 OR BOOK 1944 PAGE 789 St Lucie County Certificate of Capacity Date 1/9/2004 Certificate No. 1416 This document certifies that concunrency 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 Final Planned Unit Development Number of units 720 Number of square feet 2. Property legal description & Tax ID no. 1314-231-0001-010/7 E side Emerson Av approx 1,000 ft n of Indrio Emerson Estates - PUD 3. Approval: Building Resolution No. RES-03-240 Letter 12/02/03 4. Subject to the following conditions for concurrency: Executed Utility Service Agreements for water and wastewater f the issuance of building permits or occupational license. Owner's name 250 Emerson Avenue, LLC. Address 5801 North Congress Avenue / Boca Raton FL 33487 \ 6. Certificate Expiration Date 12/ 005 Lucie County Utilities prior to This Certificate of Capacity is tra ferable onl o subsequent owners of the same parcel, and is subject to the ame ms, con ons and expiration date listed herein. The expiration date can b de r the same terms and conditions as the underlying developmen derissued wit this certificate, or for subsequent develo)xnent,order(s) 14 f9r the aMme property, use and size as described herein. Signed :�:) � ' " ' "�32— Date: 4/2/2004 city Development County, Florida Friday, April 02, 2004 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 OR BOOK 1944 PAGE 790 EXHIBIT "B" LOCATION MAPS and SITE PLAN GRAPHICS File No.: RZ-03.012/PUD-02-002/MJSP-02-003 December2,2003 Resolution 03-240 Page 11 O ►_viol _ it 1 f 5 A Petition of 250 Emerson Avenue, LLC (Houston Cuoao Group, Agent) for a Change in Zoning from the AG-1 (Agricultural-1 du/acre) and IX (Industrial, Extraction) Zoning Districts to the PUD (Planned Unit Development -Emerson Estates) Zoning District and for Preliminary Planned Unit Development Site Plan Approval for the Residential Project to be known as Emerson Estates-PUD. -III I -TI I I I r; i i a' L� r � C�) e �g 3 d t r a: V 111 RZ 03-012 & PUD 03-009 This pattern indicates subject parcel Map preparW J" 18. 2M w wNati. �w r � �r n,w�wnw w� Ybwa� ArY,� YY�wI br � � �Ywl O,Y�t i O 00 F-+ 4O 41 A .p n M M a Y G co O .E upld ePS 1DU(Zf/je4Dkv S `s 31 aANolj 14unOO e1On7 4S 1 sajvlsg uovau g 1 o _ IDODIO ROAD i� b ]5a } • i i 2 Del i'tj�• 3. 111111111 VnQ„10 ti'! bb Nb Fb d HIM �jjm-n 11 11HIS 11 `1 EDWIN M. Y, Jr. , CLERK UY THE L;IKUUl'P GUUMT - aftIN1 l+u- - FILE # 2819279 OR BOOK 2515 PAGE 2892, Recorded 03/23/2006 at RESOLUTION NO. 06-041 ME NO.: W-06-001 A RESOLUTION PROVIDING FOR A 12-MONTH EXTENSION OF FINAL PLANNED UNIT DEVELOPMENT APPROVAL OF THE PROJECT KNOWN AS WATERSTONE - PUD F/K/A EMERSON ESTATES - PUO WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On December 2, 2003, this Board, through Resolution W. 03-240, granted Final Planned Unit Development approval for the project known as Emerson Estates - PUD, a proposed 720 unit project consisting of 544 Single -Family lots and 176 Multiple -Family Units on 240 acres of property located on the east side of Emerson Avenue, approximately 1,000 feet north of Indrio Road. 2. The developer of Waterstone - PUD F/K/A Emerson Estates - PUD has requested that the Final Planned Unit Development granted through Resolution No. 03-240, be extended for a period of 12 additional months from its date of scheduled expiration, November 25,2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(Bx2) of the cis County Land Development Code, the Final Planned Unit Development, approved through P. lution No. 03-240 is hereby extended for a period of 12 additional months fr of sc duled expiration, December 2, 2005, with the new expiration date eing Decem 2006, subject to compliance with the following conditions as determined by the Board• 1. The previously approv *vio' work days and hours of Monday through Friday (7:00 a.m. to 5:30 p.m.) and a.m. to 1:00 p.m.) shall be strictly enforced. The developer shall not work aiorjQI holidays. Violation of this condition shall result in a fine of $1,500.00 pe�� 2. Witl developer shall: a. b. doption of this Resolution, the property that were destroyed :e; OR BOOK 2515 PAGE 2893 C. pasture; d. fence. Remove the fence debris from the hurricane from the 5tewart's Backfill the berm to eliminate the gaps between the berm and the 3. Within sixty (60) days from the date of adoption of this Resolution; the developer shall fix the outfall used by the 5tewarts. 4. At the recordation of the plot for Phase II, the developer shall pay a proportionate share as determined by the Board of the cost to improve the intersection of Indrio Road and Emerson Avenue based on a design approved by the County Engineer, B. All terms and conditions of Resolution No. 03-240, shall remain in full force and effect. C. The property on which this Final Planned Unit Development extension is being granted is described as follows: PARCEL 1: THE NORTH } OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 40 ACRES THEREOF, AND LESS AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. TOGETHER WITH: PARCEL 2: THE SW 1/4 OF SECTION 11. TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY, OGETHER WITH: PARCEL 3: THE SOUTH 50 ACRES OF THE NORTH } OF 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCrE COU FLORIDA, LESS AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET EREOF ROAD AND CANAL RIGHTS OF WAY. n CONTAINS 10,020,849 SQUARE FEET OR 230.047 ACRES, MORE OR4ss. v TOGETHER WITH: THE N } OF THE N } OF SW 4 OF THE NW 1/4 AND THE N } OF THE N } OF THE SE 1/4 OF THE 1/4 AN HE S } OF THE NW 1/4 OF THE SW 1/ OF THE NW 1/4 OF SECTION 34 SOUTH, RANGE 99 EAST: SAID LAND LYING AND BEING IN ST. FLORIAA LESS AND EXCEPTING THEREFROM THE FOLLOWING &WR60 PROPERTY, THE EAST 1760 FEET OF THAT PORTION OF THE N } THE SW 1/4 OF THE NW 1/4; AND THE N } OF THEN } E SE THE NW 1/4; AND THE S I OF THE NW 1/4 OF THE SW 114 THE NW 1/ SECTION 14, TOWNSHIP 34 SOUTH, RANGE 99 EAST, ST. L COUNTY, F DA, LYING WEST OF THE FORT PIERCE FARMS WATER MANAGE DISTRICT C L NUMBER 5, THE SAID EAST 1780 FEET BEING MEASURED ALO THE NORTH D SOUTH LINES OF THE ABOVE DESCRIBED PARCEL. CON7s1 5 10. RE OR LESS OR BOOK 2515 CONTAMS 240.067 ACRES, MORE OR LESS. (Location: East side of Emerson Avenue, approximately 1,000 fast north of rndrlo RoaM D. This Final Planned Unit Development Plan extension shall expire on December 2, 2006, unless Final Plat Approval is obtained in accordance with Section 11.03.00 of the St, Lucie County Land Development Code for the site plan or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. E. The Certificate of Capacity granted by the Community Development Director shall remain valid until December 2, 2006. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. 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 Doug Coward NAY Vice -Chairman Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AY Commissioner Frannie Hutchinson A z'N PASSED AND DULY ADOPTED this 7th day ATTEST: Deputy Clerk OF APPROV AS TO I BY: County At)bmay kY_ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT):County Attorney AGENDA REQUEST ITEM NO.� DATE: April 1, 2008 REGULAR [X) PUBLIC HEARING [] CONSENT [} Wz-4 D&4 Dkk�M4:iBi=Y4F Mark Godwin, Criminal Justice Coordinator SUBJECT: Additional funding request for the continued operation of the Juvenile Assessment Center. BACKGROUND: The Juvenile Assessment Center (JAC) is a 24-hour central receiving, booking, assessment and case management for juveniles that have been taken into custody by law enforcement for new law violations, truancy, and running away. The Center allows Law Enforcement Officers to return to assigned duties within approximately 15 minutes after taking juveniles to the center, thereby saving an average of three (3) hours per juvenile case. Once the juvenile arrives at the J.A.C., they have an intensive screening/assessment, are electronically fingerprinted and photographed. The juveniles then receive the best sanction and/ or service recommendation, including but not limited to placement in the detention center if warranted. Also, referrals are made to parents linking them with community resources, provision for medical/mental health and substance abuse screening, interview for risk identification and release to their legal parent/guardian. Due to a budget shortfall resulting from state agency cuts taken by the Department of Juvenile Justice, affecting JAC contracts, Human Services Associates, Inc. (HSA), who operates the JAC, will be unable to sustain operations without immediate additional funding. An amount of $42,000 is needed to ensure continued operations of the program through June 30, 2008. An additional $10,500 is needed for a total of $52,500 through September 30, 2008. Staff was notified of this emergency issue on March 28, 2006. FUNDS AVAILABLE: Funds that were budgeted from a previous vendor would be used to off set the costs of the budget shortfall by the Department of Juvenile Justice. This funding would give the criminal justice community additional time to secure funding for the 08/09 fiscal year. Funds would be transferred from other contractual services account (107-2360-534000-200) to the JAC account (107-6291-549925-6001). PREVIOUS ACTION: The operations of the Juvenile Assessment Center were approved in the 2006/2007 budget with the County providing 1/3 of the costs in the amount of $74,788.00. The Cities of Port St. Lucie and Ft. Pierce also contribute $74,788.00 toward this program. RECOMMENDATION: Staff recommends the approval of the transfer in the amount of $52,500.00 as set out above to keep this worthwhile and cost effective program in operation. Staff also recommends the approval of Budget Amendment 08-019 authorizing the transfer of funds. COMMISSION ACTION: CONCURREN [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 oug as M. Anderson County Administrator Letter to be sent to delegation. Letter to also Coordination/Signatures include an invitation to the Public Safety Meeting. Management & Budget:_X Purchasing: Originating Department: W Other: Finance: Check for Copy only, if applicable x Eff: 5/96 ACCUSING -1 ADMINISTRATION oN FAMILIES March 28. 2008 COUNTY OF ST_ LUCIE Doug Anderson Administrator 2300 Virginia Avenue Ft. Pierce. FL 34982 Dear Mr. Anderson Human Services Associates, Inc. (HSA) urrently serves as the contracted agency with the Department of Juvenile Justice and St. Lucie County to manage he St. Lucie Juvenile Assessment Center (JAC) Due to a budget shortfall resulting from state agency cuts taken b I the Department of Juvenile Justice affecting JAC contracts, HSA will be unable to sustain JAC operations withou immediate additional funding An amount of $42,000 is needed to ensue continued operations of the JAC program through June 30. 2008 An additional 510,500 is needed quarterly b ginning July 1, 2008 to ensure continued operation thereafter, for a total of S52,500 in increased funding for the cur nt county fiscal year. The funding will prevent the JAC from being affected by the current state reduction and HSA ill continue to maintain a fully operational program through September 30. 2008. As you are most likely aware, the JAC fu ds are also being considered for elimination by the legislature for the 2008- 09 budget year. We are making every e, ort to prevent this from occurring and appreciate the assistance received from so many community members. If you should require any further inform2 representative. Lori Britt Tomlin at (863) Smprely, 1Frank Francisco President Cc: Mark Godwin as you consider this request, please feel free to contact our local agency -2000 TO: FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Attorney -Criminal Justice PREPARED DATE: 3/3112008 AGENDA DATE: ACCOUNT NUMBER 107-6291-549925-6001 REASON FOR BUDGET AMENDME Juvenile Assessment Center THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 4/112008 ACCOUNT NAME AMOUNT Misc Costs -Juvenile Asessment Center $52,500 ctual Services needed for the continued operation of the E: n/a n/a n/a Y 08-019