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Home My WebLink AboutAgenda Packet 07-01-2008 July 1, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBUC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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. ,,\ L 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 for 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 as 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 leastforty-eight (48) hours prior to the meeting. July 1, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us ~ Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Charles Grande Chris Craft District No.1 District No.3 District No.2 District No.4 District No.5 --" "< ~-, ~.. -~ ~ ., I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 17, 2008 meeting. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for July 1, 2008 V. GENERAL PUBUC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38 and 39 B. COUNTY ATTORNEY 1. "After the Fact" Revocable License Agreement - 930 Jackson Way - Mr. & Mrs. Grigsby _ Consider staff recommendation to approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. & Mrs. Grigsby to record the document in the Public Records of St. Lucie County, Florida. 2. Platt's Creek Stormwater Improvement Project - Utility Easement - Florida Power & Light Company - Consider staff recommendation to approve the revised Florida Power & Light Company Utility Easement, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Easement in the Public Records of St. Lucie County, Florida. 3. Revocable License Agreement - 1031 South Indian River Drive - Mr. & Mrs. Edward Koch _ Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Koch to record the document in the Public Records of St. Lucie County, Florida. 4. Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY2008/09 from the Florida Department of Law Enforcement - Consider staff recommendation to authorize the Chairman to sign the Certificate of Participation for the Florida Department of Law Enforcement Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.5.L.P.D., and S.L.C.S.O.). 5. St. Lucie County Health Department - Termination of Lease with Kenneth Jackson and Approval of Sublease Agreement with the AIDS Research and Treatment Center of the Treasure Coast, Inc. - Consider staff recommendation to authorize the termination of the lease agreement with Kenneth Jackson, approve the proposed sublease agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc., and authorize the Chairman to sign the sublease agreement. C. PURCHASING 1. Award of Invitation to Bid (ITB) #08-032; Runway 9L-27R and parallel taxiway system, Phase 2, to the lowest responsive, responsible bidder, Dickerson Florida, Inc., for the amount of $3,689,879.78 - Consider staff recommendation to approve award of Invitation to Bid (ITB) #08- 032; Runway 9L27R and parallel taxiway system, Phase 2, to the lowest responsive, responsible bidder, Dickerson Florida, Inc., for the amount of $3,689,879.78 and authorize the Chairman to sign the contract as prepared by the County Attorney. 2. Board approval to award Invitation to Bid (ITB) #08-040, purchase of a portable stage to the lowest responsive bidder, LR2, LLC, for the purchase price of $29,824.00 - Consider staff recommendation to approve to award Invitation to Bid #08-040, purchase of a portable stage to the lowest responsive, responsible bidder, LR2, LLC, for the purchase price of $29,824.00. 3. Board approval to advertise a Request for Proposals (RFP) for a firm to design, build, own and operate a landfill leachate treatment system - Consider staff recommendation to approve to advertise a Request for Proposals for a firm to design, build, own and operate a landfill leachate treatment system. 4. Board approval to sell through either an auction or the Request for proposals (RFP) process thirteen (13) parcels (totaling 7.03 acres located on U.S.1 and Ridgehaven Road south of 25th street) owned by the St. Lucie County International Airport - Consider staff recommendation to approve to sell through either an auction or the Request for Proposals (RFP) process thirteen (13) parcels (totaling 7.03 acres located on U.S.1 and Ridgehaven Road south of 25th street) owned by the St. Lucie County International Airport, and authorize the Chairman to sign the contract (if the auction process is approved) as prepared by the County Attorney. 5. Staff recommends Board approve to reject all responses and re-advertise the following Request for Qualifications (RFQ's): 1. 07-113; Utility Engineering Services 2. 07-117; Kings Highway & Angle Road Intersection Improvements 3. 07-048; St. Lucie County Neighborhood Charrette, Development Review and Management Planning Services, (Charrette element only) D. AIRPORT 1. Approval of Amended Equipment Request EQ08-219 for the purchase of the JEI DVR-2FT Digital Voice Recording System to replace JEI 804C Analog Recording system used to record pilot radio transmissions to monitor compliance with the Voluntary Noise Abatement Procedures at the St. Lucie County International Airport - Consider staff recommendation to approve Amended Equipment Request EQ08-219 for the purchase of the JEI DVR-2FT Digital Voice Recording System in the amount of $4,738 to replace the existing JEI 804C Analog Recording System which supports the St. Lucie County International Airport Voluntary Noise Abatement Procedures, and authorize Chair or designee to execute same. 2. Request approval of Budget Resolution 08-210 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424452-1-94-01 on the amount of $3,948 for the FDOT share with a matching local share of $3,948 for a total project cost of $119,136 (including Federal Aviation Administration funding) for the installation of perimeter fencing at the St. Lucie County International Airport. E. ECONOMIC DEVELOPMENT Request BOCC approval to accept the 3rd Quarter Economic Development Council's report on the accomplishments in April, May and June as fulfilling the requirements of the contract - Consider staff recommendation to approve this 3rd quarter interim report by the EDC and the continued pursuit of economic growth in the County. F. PUBUC WORKS 1. Approval by Board of County Commissioners for Work Authorization No. 17 with Taylor Engineering, Inc. in the amount of $706,312.91 for the Port of Fort Pierce Entrance Road (North 2nd Street) - Consider staff recommendation to approve Work Authorization No. 17 with Taylor Engineering, Inc. in the amount of $706,312.91 for Engineering services related to North 2nd Street Improvements, and authorize the Chairman to sign. 2. Engineering Division - SR 615 S. 25th Roadway Widening (Midway Road - Edwards Road) - Construction Engineering and Inspection Services - Consider staff recommendation to approve the Third Amendment to Work Authorization No. 1 (C03-05-645) which amends Kimley-Horn and Associates' contract to reflect the $200,000 increase and also extends the contract through December 31, 2008 for the S. 25th Street Roadway Widening project (Midway Road Edwards Road). 3. Engineering Division - SR 615 S. 25th Roadway Widening (Midway Road- Edwards Road) - Change Order No. 11 - Consider staff recommendation to approve Change Order No. 11 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road- Edwards Road) in the amount of $51,446.74 for modifications to project quantities and authorize the Chairman to sign. 4. Road and Bridge Division - Approval of the joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to enhance the operation of the County's computerized Traffic Signal System and the adoption of Resolution #08-211 authorizing the Chair to sign the JPA - Consider staff recommendation to adopt Resolution #08-211 authorizing the Chair to sign the Joint Participation Agreement with FDOT approving of their funding for increased resources to enhance the operation of the County's computerized Traffic Signal Systems. G. SHERIFF'S OFFICE 1. Request to Apply for COPS 2008 Child Sexual Predator Program (CSPP) - Consider staff recommendation to approve the St. Lucie County Sheriff's Office submission of a COPS 2008 Child Sexual Predator Program (CSPP) grant application. 2. Budget Amendment in the amount of $316,571.00 - Consider staff recommendation to approve the Sheriff's request for budget amendment to increase the budget $316,571.00 for the purchase of replacement vehicles. H. ADMINISTRATION 1. Planning & Zoning Commission Appointment - Consider staff recommendation to ratify Commissioner Smith's appointment of Mr. Bryan Beaty to the Planning & Zoning Commission. 2. Art In Public Places - Commissioner Coward would like to appoint Mr. Nelson Merchan-cely to the Art in Public Places Committee - Consider staff recommendation to approve Commissioner Coward's appointment of Mr. Nelson Merchan-cely to the Art in Public Places Committee. I. CENTRAL SERVICES 1. Schenkel Shultz Architecture-Fourth Amendment to March 14, 2006 Agreement (#C06-03-213). Provide additional architectural services for the Havert L. Fenn Center - Consider staff recommendation to approve a Fourth Amendment to the March 14, 2006 Agreement (#C06-03- 213) with Schenkel Shultz Architecture, to increase the contract sum by $14,050; the new contract sum will be $680,922 and increase the contract time an additional two hundred and fourteen (214) days; date of substantial completion will be October 14, 2008. This request is for additional architectural services associated with relocation of the water main stub-out for the Havert L. Fenn Center project. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. 2. Change Order No. 1 to #C08-03-084, DPC General Contractors, Inc. - Project: Asbestos abatement of the Old Clerk of Court Building Remodel - Consider staff recommendation to approve Change Order No.1 to #C08-03-084, DPC General Contractors, to increase the contract sum by $17,300; the new contract sum will be $40,800, and increase contract time eighty-two (82) days; changing the date of substantial completion to July 31, 2008. This change order is for the Asbestos abatement of the Old Clerk of Court Building Remodel. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. J. COURT ADMINISTRATION Establishment of a Trial Court Law Clerk position effective July 1, 2008 - Consider staff recommendation to establish the one (1) full-time Trial Court Law Clerk position from Court Innovations funding. K. COMMUNITY SERVICES 1. Approval of Amendment #7 in the amount of $105,072 to the Medicaid Non-Emergency Program Agreement - Consider staff recommendation to approve and authorize the Chair to sign Amendment #7 for the Medicaid Non-Emergency Transportation Program Agreement. 2. Authorize a grant application to the Florida Department of Transportation Discretionary Grant Program for design and partial construction of the Intermodal Transfer Facility for phase III - Consider staff recommendation to authorize the submittal of the Florida Department of Transportation Discretionary Grant for funding for phase III to cover the design and phased construction of an intermodal transfer facility, located at Avenue D and North 8th Street. 3. Authorize staff to submit a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding in the amount of $211,987.54, which will be utilized to expand the existing park and ride lot facility, located at Port St. Lucie Boulevard and Bayshore Boulevard - Consider staff recommendation to authorize the submittal of the Port St. Lucie Boulevard and Bayshore Boulevard Park and Ride Lot expansion, to the Florida Department of Transportation Discretionary Grant Program, for funding in the amount of $211,987.54. 4. Authorize staff to submit a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding in the amount of $200,000.00, which will be utilized for planning, design, and engineering for the Phase I - Selvitz Road Surface Parking and Maintenance Facility, located on Selvitz Road north of Midway Road, Fort Pierce, Florida 34981 _ Consider staff recommendation to authorize the submittal of Phase I - Selvitz Road Surface Parking and Maintenance Facility, located on Selvitz Road, north of Midway Road, to the Florida Department of Transportation Discretionary Grant Program, for funding in the amount of $200,000.00. 5. Request for a work authorization with Edlund, Dritenbas, Binkley Architects and Associates, P.A. (EDB) through continuing contract No. C05-05-248, to provide professional architectural transfer station on Avenue D and 8th Street at a cost of $322,330.00 - Consider staff recommendation to approve a work authorization to contract No. COS-05-248, EDB Architects, P.A. to provide professional architectural services at a cost of #322,330.00, for deSigning, permitting, and 100% drawings of the intermodal transfer station on Avenue D and 8th Street, and authorize the Chair to sign all documents. 6. PULLED PRIOR TO MEETING: Approval of a contract for demo/rebuild between E.O. Koch Construction and the Hamelin family. This project is funded by Community Development Block Grant (CDBG) funding - Consider staff recommendation to approve to assign to E.O. Koch Construction a contract in the amount of $85,375.00 to demo/rebuild the Hamelin family home. END OF CONSENT AGENDA VII. PUBUC HEARINGS f'.4'ó.~ AU-.øfl_ C,'-/'" ~(/pb"((V" . . /' ¡..) ,'f'O ~ fflJ;~ A. GROWTH MANAGEMENT Ordinance No. 08-014 of the St. Lucie County Board of County Commissioners adopting the Public School Facility Element as part of the St. Lucie County Comprehensive Plan to provide for public school concurrency and planning; providing for filing with the Florida Department of State; providing for the transmission of the Public School Facility Element to the Florida Department of Community Affairs pursuant to Section 163.3177, Florida Statutes; providing for conflict; providing for severability; providing an effective date; and providing for adoption - Consider staff recommendation to approve the transmittal of Ordinance No. 08-014 to the Department of Community Affairs. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Amended and Restated Interlocal Agreement for Public School Facility Planning - Consider staff recommendation to approve the Amended and Restated Interlocal Agreement for Public School Facility Planning and authorize the Chairman to sign the Agreement. IX. HUMAN RESOURCES Request for Board approval of Phase I, Department Consolidation/Reorganization Plan and staff reduction _ Consider staff recommendation to approve Phase I, Department Consolidation/Reorganization Plan and staff reduction. In addition staff recommends $500,000 be set aside to be used towards future staffing needs as well as $340,000 for the unemployment compensation fund as described in attached memo and attachment. ANNOUNCEMENTS 1. County offices will be closed on Friday, July 4, 2008 to observe Independence Day. 2. The Board of County Commissioners Budget Workshops will begin Monday, July 7, 2008 and run through Thursday, July 10, 2008. 3. The Board of County Commissioners will adopt the proposed budget millage during the Regular Meeting on Tuesday, July 15, 2008 at 6:00 p.m. in the County Commission Chambers. 4. The Ribbon Cutting for the Lawnwood Skateboard Park will be on Thursday, July 17, 2008 at 10:00 a.m. 5. The Lawnwood Skate Park Grand Opening Celebration is scheduled for Saturday, July 19, 2008 from noon to dusk, featuring live music, skateboarding demos, giveaways and more. · 6. The July 22nd Regular Board of County Commissioners Meeting and the July 22nd Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 7. The Board of County Commissioners will hold a Workshop on Thursday, July 31, 2008 at 3:00 p.m. in the County Commission Chambers to discuss an Employee Health Clinic. 8. The August 26th Regular Board of County Commissioners Meeting and the August 26th Informal Meeting have been canceled. 9. County offices will be closed on Monday, September 1, 2008 to observe Labor Day. 10. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4, 2008 at 6:00 p.m. 11. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. 12. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 23, 2008 at 1:30 p.m. in Conference Room #3. 13. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 28, 2008 at 1:30 p.m. in Conference Room #3. 14. The November 4th Regular Board of County Commissioners Meeting has been canceled due to the General Election. 15. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day. 16. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 18,2008 at 9:00 a.m. in the County Commission Chamber. 17. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 25, 2008 at 1:30 p.m. in Conference Room #3. 18. County offices will be closed on Thursday, November 27, 2008 and Friday, November 28, 2008 to observe Thanksgiving. 19. The December 23rd Regular Board of County Commissioners Meeting has been canceled. 20. County offices will be closed on Thursday, December 25, 2008 and Friday, December 26, 2008 to observe Christmas. 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. Date: June 17,2008 BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Convened: 6:00 p.m. Adjourned: 9:15 p.m. Commissioners Present: Joe Smith, Chairman; Doug Coward, Chris Craft, Charles Grande, Paula Lewis Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 10, 2008 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes from the meeting held June 10,2008; and upon roll call motion carried unanimously IV. PROCLAMA TIONS/PRESENT A TIONS Resolution No. 08-200 - Proclaiming June 27, 2008, as "HIV Testing Day" in St. Lucie County, Florida It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08-200 as drafted; and upon roll call motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Terry Cooper, area resident, addressed the Board and advised them he was not attempting to change the zoning of the property he formally owned. He was attempting to inform the public of how the county system worked. He stated he had agreed to a compromise for a 30 foot landscape which never happened. He believed the rules imposed at the time of the hearing were never followed. Mr. John Arena, area resident addressed various TV commercials. Ms. Sandy Nickerson, owner of property ordered to be demolished by the Board on June 20, 2008, addressed the Board and requested she be given more time to fix the structure. She is in the process of scheduling mediation with the insurance company and has hired contractors to fix the structure. The Asst. County Administrator advised the Board she had received an update from the county's building official and the property had been boarded and secured. She also stated they could not move forward with the demolition on the 20th due to the fact they were waiting for the asbestos report. It was moved by Com. Craft, seconded by Com. Grande to direct staff to re-agenda this item for the July 1,2008 meeting, and; upon roll call, motion carried unanimously. Ms. Lisa Bell and Ms. T.A. Weiner addressed the Board regarding "Santa Lucia Day" in St. Lucie County, Florida. Ms. Weiner thanked the Board for their support of the mini grant funded by license plates for the arts and also for their support in the Cultural Affairs of the County. Mr. Jack Connelly Tuscan Street, Ft. Pierce, addressed the Board and thanked them for their support of the Cultural Affairs program in St. Lucie County and asked the public to advise the Board of their support to continue this program. 1 Ms. Jacqueline Burke, area resident, addressed the Board regarding the importance of the mini grant and the impact it has on the various cultural programs in the county. Ms. Arlene Goodman, area resident, addressed the Board regarding an item on the consent agenda requesting permission for an RFP for a Tennis Pro. She asked ifthis person was to be paid with taxpayers dollars and stated since the county was eliminating various programs and positions, this may be a position the Board should consider eliminating. The County Administrator advised Ms. Goodman the Tennis Pro would be a fee based paid position; however he would research to see if any taxpayer's dollars were utilized. He stated if it was going to cost any taxpayer money, they would take a very hard look at it. Com. Grande stated as part of cost cutting there would no longer be such a position salaried with benefits. What they are looking for is someone who would be willing to give the lessons as needed and their compensation would come from the fees charged for lessons. Chairman Smith stated in the back up material for this item it stated the tennis professional would be compensated through the revenues produced by his services, while St. Lucie County would receive a percentage of gross revenues from Pro Shop sales, court rentals, lessons and other programs. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande to approve the Consent Agenda with the addition of item L and the correction of the warrant list number, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved warrant list No. 37 B. COUNTY ATTORNEY Chiller Plant - Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority- The Board approved staffrecommendation to approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority for the Chiller Plant, and authorized the Chairman to sign the agreement. c. PARKS REFFERENDUM Approval of FDOT Local Agency Program (LAP) Agreement for Emerson Avenue Sidewalk along Lakewood Park Regional Park and Budget Resolution No. 08-202 - The Board approved staff recommendation to approve the attached Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for up to $192,200 for construction of a sidewalk along Emerson Avenue at Lakewood Park Regional Park and authorized the Chairman to sign. The Board also approved staff recommendation that the Board of County Commissioners approve Budget Resolution No. 08-202. D. ECONOMIC DEVELOPMENT Approval to issue a Letter of Intent between St. Lucie County and Lighthouse Industries covering a JGIG and an Ad Valorem Tax Abatement - The Board approved staff recommendation to approve the Letter of intent and approval to draft the agreement for the JGIG. The board also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. E. PURCHASING 1. Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County - The Board approved staff recommendation to approve to advertise a Request for Proposal to hire a tennis professional to manage a tennis program for St. Lucie County. 2 06/13/08 FZABWARR FUND 001 001164 001167 001180 001183 001184 001193 001194 001195 001404 001419 001420 001424 001428 001429 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107204 107205 121 130 140 140001 140133 140335 140353 150 160 183 183001 183004 184211 184213 185009 189201 216 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 07-JUN-2008 TO 13-JUN-2008 FUND SUMMARY TITLE Genera.l Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section' 112/MPO/FHWA/Planning 2007 CDBG 07 FDCA SLC Buildings Wind Retrofit pr U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC TDC Planning Grant 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related TechnOlogy FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Blakely Subdivision Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Taylor Creek New Spoil Site Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FDEP South SLC Beach Restorätion FDEP S SLC Dune Restoration FHFA $HIP 2od7/200~. FHFC Hurricane Housing Recovery PIa County Capital I&S EXPENSES 392,716.55 15,651.85 109.20 5,360.70 2,879.18 34.96 3,617.00 5,361.71 4,383.80 12,000.00 466,474.85 385.14 2,891.95 4,606.17 73.00 5,055.86 73.97 82,976.33 13,521.89 13,073.12 888.00 54,173.10 5,019.43 3,012.15 64,104.79 84.91 22,674.97 23,980.23 14,194.57 405.14 667.47 94.26 161.12 29,213.05 6,345.25 2 0 0 .' 5 9 10.56 1,450.00 740.16 13,752.47 4,223.61 440.00 477.34 23,434.05 7,954.74 163.37 13,152.30 1,202.00 PAGE 1 PAYROLL 665,180.82 0.00 1,431.20 266.24 6,925.88 0.00 0.00 0.00 1,326.24 0.00 0.00 0.00 2,462.78 0.00 327.84 45,743.59 966.88 45,285.12 32,907.52 18,838.94 0.00 97,284.92 6,256.46 0.00 165,363.15 1,113.60 1,113.60 0.00 8,640.80 1,507.10 2,076.00 0.00 2,176.18 15,454.67 0.00 0.00 0.00 0.00 1,523.20 4,518.11 1,340.13 0.00 5,996.24 0.00 0.00 2,231.20 4,476.48 0.00 06/13/08 FZABWAB.R FUND 316 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 07-JUN-2008 TO 13-JUN-2008 FUND SUMMARY TITLE EXPENSES County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund 67,458.27 224,799.66 14,897.55 559.16 42.56 22,486.43 2,294.43 109.51 3,989.24 5,890.19 2 9 4, 315 . 82 180.17 30,840.83 82.50 1,443.35 294,907.08 GRAND TOTAL: 2,287,763.61 PAGE 2 PAYROLL 0.00 70,465.15 24,322.36 1,806.60 581.00 19,842.87 9,930.75 1,486.96 844.11 38,033.12 3,889.66 2,410.40 1,591.26 0.00 0.00 0.00 1,317,939.13 2. Board approval ofthe assignment of contracts C06-1O-672 and C07 -12- 707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. - The Board approved staff recommendation to approve the assignment of contract C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorized the Chairman to sign the assignments as prepared by the County Attorney's office. 3. Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. - the Board approved staff recommendation to approve the fourth amendment to contract C05-08- 485 with Genset Services, Inc. and authorized the Chairman to sign the amendment as prepared by the County Attorney's office. F. SHERIFF'S OFFICE Permission to apply for the 2008 Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance - The Board approved staff recommendation to authorize the submission of the 2008 JAG application in the amount of$35,034. G. ADMINISTRATION Budget Amendment #08-026, requesting the Board to approve the transfer of $1 0,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services Account (001-1325-531000-100) to finish paying invoices until the end ofFY 07/08 - The Board approved staff recommendation to approve Budget Amendment #08-026 and requested that the Board approve transferring $10,000 from Contingency *001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325-531000-100) to finish paying invoices until the end ofFY 07/08. H. COMMUNTY SERVICES 1. Adopt Resolution No. 08-198 approving the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department - The Board approved staff recommendation to approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. 2. Approve and authorize the Chair to sign Resolution No. 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 8th Street Park &Ride- The Board approved staff recommendation to approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement. 3. Approve and authorize the Chair to sign First Amendments to Sub Grant Agreement #1 and #2 to contract #C04-12-566 with the Council on Aging of St. Lucie, Inc., - The Board approved staff recommendation to approve the First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14,2005 Sub Grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St. Lucie County Contract #C04-12-566). I. CENTRAL SERVICES 1. Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building remodeling project - The Board approved Change Order No. 26 to #C05-12-636, David Brooks Enterprises. Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty-one (31) days for Phase I Old Clerk of Court Building remodeling project, changing the date of substantial completion to December 14,2008. The Board approved further recommendation authorizing the Chair to sign the Change Order as prepared by the County Attorney. 2. Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. - Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension - The Board approved staff recommendation to approve Change Order No. 27 to #C05-12-636, David Brooks Enterprises. 3 Change Order No. 27 will: 1) Incorporate the Sally Port Extension, at a cost of $71,515, into the scope of work for #C05-12-636. The $71,515 will be funded from the sale of the Sheriff's Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days for Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. The Board approved the authorization for the Chair to sign the Change Order as prepared by the County Attorney. J. PARKS AND RECREATION Approval of small mobile stage for the Havert 1. Fenn Center, approval of Equipment Request No. 08-325 - The Board approved staff recommendation to approve equipment Request No. 08- 325 for the purchase of a mobile stage for the Havert 1. Fenn Center in the amount of $2,595. K. TRANSPORTATION PLANNING ORGANIZATION Request permission to purchase a laptop computer (EQ 08-323) for recording ofTPO board and committee meetings and to stay in compliance with TP A by-laws and Florida Statutes - the Board approved staff recommendation to approve the purchase of a laptop computer, approve EQ-08-323 and Budget amendment BA-027. 1. AIRPORT Acceptance of Grant offer- The Board approved accepting the Grant Offer from the FAA Project Number 3-12-0023-029-2008 in the amount of$5,258,780 for 95% of the cost for Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects at the St. Lucie County International Airport; and approved Budget Resolution No. 08-208 and authorized the Chairman or designee to execute same. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code - Revise Guidelines for the Sitting of Wireless Telecommunications Towers and Antennas- The Assistant County Attorney addressed changes made to the Ordinance. She advised the Board she had received input from the South Florida Water Management District and the contractors. Page 34 section 6 regarding the height, adding to the beginning of the sentence now to read, "Unless otherwise granted a variance, telecommunication towers shall be constructed in heights as provided below"; on page 35 section 6-C change the paragraph to read: "For three or more users, towers in excess of 150 feet but not taller than 250 feet provided such towers are constructed as monopoles as defined herein". Ms. Ilea Feld, Telecommunications Specialist, Leibowitz & Associates addressed the Board and advised them of the statute regarding limiting government's involvement in placement of towers. She recommended this ordinance which complies with the statute and set's forth standards to help protect health and safety and aesthetics of the community. She believes the requirements in this ordinance comply with the statute. Com. Craft stated his opposition to the State mandating local governments how they must operate not taking into consideration local government's responsibility to the local residents and the community. 4 It was moved by Com. Grande, seconded by Com. Coward to approve Ordinance No. 08-008 Amending Section 7.10.23 of the Land Development Code and Revise the Guidelines for Siting of Wireless Telecommunications Towers and Antennas; and upon roll call, the vote was as follows: Nay: Craft; Aye's: Lewis, Coward, Grande, Smith, motion carried by a vote of 4 to 1. B. GROWTH MANAGEMENT Petition of New Horizons of the Treasury Coast for a Major Adjustment to an Approved Conditional Use Permit to: · Expand Mental Health Facilities (medical and other health services) and Social Services in the I (Institutional) Zoning District; · Allow for the proposed children's residential care program call "Children's Crisis Facility"; and · Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUMJ120081380. Mr. Dennis Murphy, Culpepper and Terpening, addressed the Board and stated he concurred with staff's recommendations. Mr. and Mrs. Gary Cooper, addressed the Board with their concerns with the safety of their family members. They advised the Board of numerous occasions when patients from the facility were found on their property, knocking on their door at 5 a.m., helicopters flying around looking for those who jump the fence etc. Com. Grande commented on the fact a wall may need to be placed between the facility and the residents and he believes this would be required and would be looking at during the site plan review process. Staff stated they were not ready to address site plan issues today, however, she concurred with the fact a barrier would be required. Com. Lewis stated she would like the applicant, resident and staff to discuss and decide what type of barrier can be placed. Com. Coward expressed his concern with coming back and the applicant stating they meet the minimum code and for this reason he believes it should be added to the conditional use today. Com. Craft stated they may be premature in adopting the conditional use today and should consider both at the same time when the site plan approval is before the Board. Mr. Dennis Murphy stated there were timing issues with the funding. He stated they intend to be good neighbors and comply with what is requested. If they were to combine the two he would like a date certain. He believes they can proceed forward tonight with the condition placed. Com. Craft stated he felt they should continue this public hearing and ask staff to attempt to get this application processed as soon as possible so that they do not lose any funding possibilities. Mr. Murphy stated the site plan does not require a public hearing, however the conditional use did. Com. Coward stated both approvals are needed and believed they should be heard concurrently, the conditional use and the site plan. Mr. Murphy stated if they could get a time certain review this would not slow them down. Com. Grande stated he would like to see a condition added as part of the conditional use approval whenever that is heard. He is concerned someone may come back and state they have met the requirement of the code. He believes adding this condition at this stage would be appropriate. Staff stated they could add this as a condition of approval tonight and would also place it on the major site plan itself. Code requires it would be at least 8 feet in height. Com. Grande commented on the term a landscape buffer and asked if it included the 8ft wall. Staff stated it could include a masonry wall. 5 Mr. Murphy requested the term "wall" be used being able to use other simple material rather than masonry. They would like that flexibility. Com. Grande stated he did not have a problem since the neighbors would have to agree to the wall and he would not approve anything that the neighbors did not agree to. Com. Lewis stated she was reluctant to just put in this condition not knowing what they will get and would prefer a date certain. Mr. Romano, applicant addressed the Board and stated he had not heard any of these problems occurring, not to say it did not happen, however it did not work it's way up to him. He would like to have the time to meet and work with the neighbors on this project. He expressed his concerns with the situation and stated they wished to be good neighbors. It was moved by Com. Coward, seconded by Com. Craft to continue this item on August 5, 2008 at 6:00 p.m. or as soon thereafter as it may be heard to hear the conditional use and major site plan concurrently, and; upon roll call, motion carried unanimously. GROWTH MANAGEMENT Petition of Grande Beach North Hutchinson Island, LLC, for Final Planned Mixed use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379) Staff advised the Board they would like to add an additional condition # 14 to read: Prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Paragraph D, the property owner, Grande Beach North Hutchinson Island, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District. Com. Coward alluded to an e-mail he received from a Mr. Medina regarding a letter from the South Florida Water Management District concerning permitting. The Planning Manager advised the Board she believed the issue was concerning the legal aspect of the canal east behind the project and this is why they added the additional condition which would stop them from moving forward without the required permits in place. Com. Coward stated there seems to be legitimate concerns expressed by the South Florida Water Management District and alluded to the letters dated April 17, 2008 and March 20,2008 from the South Florida Water Management District to Mr. Stefan Matthis, Culpepper and Terpening. Mr. Stephen Matthis addressed the letter and the concerns. He stated they do not have a problem with the conditions and they were told permitting would not be a problem by the South Florida Water Management District and fully anticipate addressing all the issues in the permit. Mr. Lee Dobbins, Attorney for the applicant was present to answer any questions the Board may have. Mr. Michael Houston, Houston Cuozzo Group, addressed the Board regarding the landscape design and the buffer for the project. Mr. Bill Medina, 3423 South Lakeview Circle/Sands Community resident, addressed the Board and referenced the issue as far back as 2005 and the piece ofland they had requested permission from the county to use and lease. He stated he had brought this issue to the Board several times and the County Administrator had taken the step to have a private opinion from the outside to review the issue. He stated the only way to resolve this issue was for it to be taken before the courts. The issue is who does the land belong to? Mr. Medina stated the South Florida Water Management District stated they would like to see an easement granted to the developer for ownership before they would issue the permit for the outfall. 6 Mr. Medina stated there were boat slips utilized as well as rented out. He utilizes the canal and there would not be anything to stop jet skiers from using the waterway and ruining the area and this is his concern. The Chairman stated he did not recall it being brought up as the last issue at prior meetings held on the item. Ms. Linda Samples, 222 Marina Drive resident, addressed the Board and stated there are many requests in the letter that have not been answered and alluded to number 7 in the letter dated April17, 2008 that reads: 7. As previously requested, please provide a copy of the FDaT permit for the proposed improvements within State Road AlA. As indicated on the FDaT Pre-application letter provided, the letter is not a permit or approval from the FDaT. Please be advised if the ERP application is ready to be issued and the applicant has not obtained an approval from FDaT the permit will be conditioned to restrict construction within FDaT right of way until an PDaT permit or approval is provided to the South Florida Water Management District. Ms. Samples stated there are too many questions unanswered for them to receive the permits. Ms. Samples stated if all the permits have not been secured, she does not believe the site plan can be approved on the contention that they will receive the permits and then the approval. Ms. Miller area resident, addressed the Board in favor of the project. She recommended the docks be demolished to eliminate the issue. Mr. Lowe area resident, addressed the Board in favor of the developer. He stated the developer has worked with the area residents and the county on the project. Mr. Glen Boundy, Secretary North Beach Association addressed the Board in favor of the project. Mr. Terry Major, Major Construction Macedo Blvd., Port St. Lucie, addressed the Board in favor of the project. Ms. Nancy Spaulding, Marina Drive resident, addressed the Board in favor of the project. (Unintelligible name) the gentleman, 213 Marina Drive addressed the Board and stated he was opposed to the project in the past. He had wanted to verify that building number 4 was to be 2 stories high on the southern end. The Planning Manager verified the height of the building. The gentleman then stated this was the reason why he was in support of the project today. Ms. Kathy Brandon, Riverwalk resident, addressed the Board in favor of the project. Mr. Nick Piccarraro, Riverwalk resident, addressed the Board in favor of the project. Mr. Bill Medina, addressed the Board and stated Ms. Miller may have a valid point in her recommending they demolish the docks and hoped the items listed in the letter would be handled. Mr. Lee Dobbins, Attorney for applicant, addressed the dock issue and stated the DEP issued the dock permit in 2006. Com. Grande questioned why there have not been answers to the questions listed in the letter. Mr. Dobbins stated the engineers were waiting for the Board's response. Com. Coward stated in reading the letters it was not the easement issue that causes him concern but the issues in the document. He believes the South Florida Water Management District is saying this is an incomplete application and they cannot complete their review and need additional information. Mr. Matthis addressed Com. Coward questions and stated they accepted the application but have questions and then issue a draft of their concerns. They were waiting to submit until they received approval from the Board as to what is being presented. They are addressing the issues and were waiting the acceptance ofthe site plan. Com. Coward stated he does not have anything in writing and would like a letter from the District saying the water quality issue has been resolved. 7 Com. Grande stated he believed no one was against this project, the only questions was is this design the best they can do? He would like to see the SFWMD saying to the county this level is acceptable and they understand the county has the right to have it transversed to the location that you are projecting which is the canal which doesn't seem to have been made clear to them yet. Com. Lewis stated she felt the Board was not qualified to address these issues and this is why they go to South Florida Water Management District and she questioned what would happen if they did not agree with the design. She is inclined to move forward and let South Florida do their job and if revisions come back they could deal with them at that time. Com. Craft stated he agreed with many of the comments made. He believes they are talking about changing the process that they have been following for sometime. He too is comfortable in moving forward. Com. Grande stated as long as he has sat on the Board he does not believe they have approved such issues with such a level of comments. He believes their position should be that they would not approve a site plan until the South Florida Water Management District states that the quality and quantity of outflow in the property into the most diverse estuary in the nation is acceptable to them. He believes they should get their decisions and answers and have them come back to us. Com. Lewis stated she is comfortable in moving forward and believes SFWMD will take the same degree of care and detailed analysis. Com. Coward stated in his ten years on the Board it was not typical to have projects come forward with outstanding letters from permitting agencies identifying problems with water quality particularly to such an important resource. Mr. Dobbins asked the Board to look at their date of the letter sand stated they have been continually working on these issues. Com. Coward stated he would like to have something in writing from the District stating there are no outstanding issues. Mr. Houston stated this has not been part of the operating procedures, the same issues and same questions came up however the Board did not have the memo. QUASI rumcIAL Com. Lewis, Craft, Grande, Smith acknowledged contact and correspondence as well as e-mails from Mr. Medina. Com. Smith stated he believed the agencies have made decisions that have never risen to the level of information as this one has and the county has NOT had a say on them whatsoever. He will make decisions on the information provided by staff of St. Lucie County. The Board has received comments from staff where it has been stated they would make sure all permits have been received, everything is contingent on permits being received and all dots and 1's have been crossed. Com.Coward commented on the Land Development Code pertaining to stormwater. He believes they are supposed to take these comments and do their best to improve the pipeline. Com. Smith stated he was not comfortable how this came about tonight. Com. Craft stated as an item comes before the Board the recommendation is signed off by each department. All pertaining departments have signed off on this recommendation made by staff. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation with the added condition as provided by staff, and; upon roll call, the vote was as follows: Nay's: Grande, Coward, Aye's: Craft, Lewis, Smith; motion carried by a vote of3 to 2. END OF PUBLIC HEARINGS REGULAR AGENDA 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ()'b- - I ~ Job-I f.JQ=- . l ~ ...- , MARTIN/ST. LUCIE SERVICE CENTER Willoughby Crossroads, 780 SE Indian Street, Stuart, FL 34997 , (772) 223-2600 . FL W ATS 1-800-250-4100 . Suncom 269-2600 . Fax (772) 223-2608 . www.sfwmd:gov/mslj Application No. 071127-16 Environmental Resource Regulation April 17, 2008 Stefan Matthes, P.E. Culpepper & Terpening 2980 South 25th Street Fort Pierce, FL 34981 Subject: Grande Beach, St.l.ucie County¡S 25/T34S/R40E Dear Mr. Matthes: Staff has completed a review of the above referenced application for Grande Beach. Pursuant to Rule 40E-40, Florida Administrative Code (FAC), the District is requesting the following information needed to complete the application. 1. Staffs review of the existing site conditions appears to indicate that the existing shopping center discharges stormwaterto an on site ditch with no off site connection. Staff was unable to locate the "existing RCP Culvert" connection to the canal. Please contact Glen Gareau, P.E. to schedule a site visit to verify the existence and location of the "existing RCP Culvert" the project is proposing to connect to and use as its outfall. 2. The project boundary survey does not indicate the applicant owns the parcel at the end of the canal that the "existing" RCP culvert traverses to reach the canal. Please provide a recorded easement from the land owner for the "existing" outfall culvert. 3. The site plan indicates a walk way is proposed to connect to the existing off site dock and (4) four wet slips at the end of the canal. Who owns these docks and wet slips? Please indicate what activities the applicant intends relative to the proposed connection to the docks and provide a recordable easement or authorization from the dock owner. 4. The use of key ditches from inlet points to outlets within the dry detention ponds as indicated on the plans may short circuit the water quality function of the dry detention ponds. Please revise the design and provide a physical connection or demonstrate the on site soils will recover the system by percolation. Staff recommends under drains be used as an alternative to key ditches to assist the system with recovery during the wet season. 5. As previously indicated, it appears that the proximity of the out fall control structure to an inlet culvert from SD-8 may cause short circuiting of the water quality treatment process. Please revise the design such that the inflows to the last detention pond are as far from PI;-.., .._. .~... '_.-".Jj ,7J:,¡'f' . -~_,9 .. . APR 1820GB D/STIUCT H£I\IJQUARTŒS: 3301 Gun Gub Road, 1'.0. Box 246RO, We,! Palm Beach, FL 33416-4680 . (561) 686-RROIJ . Fe. WAT51-S00-432-2040 Stefan lVIannes, P.E. Application 071127-16, Grande Beach April 17, 2008 Page 2 the outfall as practical to prevent short circuiting of the water quality treatment function of the surface water management system. 6. Since the proposed dry detention pond has a bottom elevation of 3.0 NGVO, it appears as though the control structure may require a stabilized sump in order for storm water to enter the structure at elevation 2.0 NGVO. Please revise the control structure detail to provide a stabilized sump or other method. 7. As previously requested, please provide a copy of the FOOT permit for the proposed improvements within State Road A 1 A. As indicated on the FOOT Pre-application letter provided, the letter is not a permit or approval from FOOT. Please be advised if the ERP application is ready to be issued and the applicant has not obtained an approval from FOOT the permit will be conditioned to restrict construction within FOOT right way until an FOOT permit or approval is provided to the SFWMO. 8. Staff was unable to locate sheet 4A (Off Site Road Improvements) in the submittal. As previously requested, the turn lane section implies a swale is located between the edge of pavement and the side walk. However, no grading information is provided for the proposed swale and there does not appear to be any culverts proposed under the main entrance or the north access drive. Where will runoff from'A1A along the project frontage be directed? Please revise the' grading plan to provide additional existing and proposed grading of the off site improvements. . 9. The response indicates that 0.62 acres of AlA improvements were incorporated into the design for treatment and attenuation. The water quality calculation indicates a 10 acre basin and the ICPR model indicates a 9.4 acre basin. Please revise the plans and analysis to provide treatment and attenuation for all proposed improvements and off site contributing areas. Please revise the calculations and ICPR model for consistency. 10. As previously requested, please revise the grading plans to include the FEMA flood elevation. 11. As previously requested, please revise the plans to provide sufficient topographic information to demonstrate how runoff from the design storm event is collected and contained in the surface water management system consistent with the proposed post development basin boundary and peak stage of the design storm. The analysis implies the property line is the basin boundary and the response indicates off site areas were included, However, several areas along the property line do not include proposed grading and existing grades are below the peak stage indicated to be 6.2 ft.· NGVO. Please provide representative cross-sections and/or grading along the proposed basin boundary. If a berm is proposed for containment of the design storm, please indicate the location and elevation of the berm on the plan sheet. If a containment berm or swales are used as part of the surface water management system they should be located on common property controlled by the operating entity or in an easement dedicated to the operating entity for Stefan IVlamles, P.E. Application 071127-16, Grande Beach April 17, 2008 Page 3 perpetual operation and maintenance. Please revise the plans and supporting analysis as necessary. 12. The ICPR model includes a cross section called "V-notch". Please provide a node reach schematic and describe how this cross-section was used in the model. 13. The plans indicate the proposed bleeder was revised from a minimum 3 inch circular orifice to a 3 inch by 3 inch rectangular orifice. Please provide the analysis indicating the bleeder was sized to convey no more than Y2 inch over the basin in 24 hours. 14.As previously indicated, the submitted information indicates that a dewatering application will be filed with the District under separate cover. According to the District's database, the District has not yet received a dewatering application. Please coordinate with the District's Water Use Division (800-547-2694) regarding submittal of the application. These applications will be processed conclirrently and final agency action recommended when both applications are complete. Please provide the water use application number in response to this comment. 15.lf the applicant intends to use the existing docks, please revise the site plans to include the existing dock structures and square footage. Pleas revise the POA documents to indicate the maximum: number of slips, boat length, and draft of vessels. 16.lf the applicant intends to do any work near the existing mangrove shore line including construction or replacement of an outfall culvert, the plans should be revised to include detailed construction notes, turbidity barriers, and sufficient construction detail to ensure the existing mangroves will not be impacted. If the outfall pipe does not exist, staff recommends installing the outfall pipe underneath the existing dock entryway to avoid impacts to mangroves. 17. The existing commercial center appears to have several monitoring wells that may have been associated with monitoring ground water or soil contamination. Please indicate the purpose of these monitoring wells and the status of use relative to any existing or historical contamination in the area. In accordance with 40E-1.603(1)(c), FAC, if the information is not received within 30 days of this date, to render the application complete, the application may be processed for denial if not withdrawn by the applicant. Please attach a copv of the enclosed "Transmittal Form for Requested Additional Information" to each of the required FOUR copies of the requested information. The response to this request for additional information can now be submitted online at http://mV.sfwmd.qov/ePermittinq. Alternatively, providing a disk with your written response containing the documents and plans in electronic format (preferably .pdf) will expedite administrative processing and internet posting of the application, and save paper. Stefan lVIantles, P. E. Application 071127-16, Grande Beach April 17, 2008 Page 4 Should you have any questions, please call Glen Gareau, P.E. of the Surface Water Management Division at (772) 223-2600, extension 361 B or Shawn McCarthy of the Natural Resource Management Division at extension 3625. A~ Hugo . Carter, P.E. Engineer Supervisor Okeechobee-Martin-S1. Lucie Regulatory Division South Florida Water Management District HAC/gg/sm cc: Applicant S1. Lucie County Community Development Director S1. Lucie County Engineer St. Lucie County Environmental Resource Manager Georgi Celusnek, P.E., FDOT District 4 Drainage Engineer Bob Emery, adjacent land owner Permit information and additional resources for permit applications can be found on line at mv. sfwmd. qov/permittinq. SOUTH FLORIDA WATER MANAGEMENT DISTRICT MARTIN/ST. LUCIE SERVICE CENTER Willoughby Crossroads, 780 SE Indian Street, Stuart, FL 34997 (772) 223-2600 . FL W ATS 1-800-250-4100 . Suncom 269-2600 . Fax (772) 223-2608 . www.sfwmd.gov/msl/ Application No. 071127-16 Environmental Resource Regulation March 20, 2008 Stefan Matthes, P.E Culpepper & Terpening 2980 South 2Slh Street Fort Pierce, FL 34981 Subject: Grande Beach, S1. LucieCountyj S 251T34S/R40E Dear Mr. Matthes: Staff has completed a review of the information submitted on February 21,2008 for the above referenced application. Pursuant to Rule 40E-40, Florida Administrative Code (FAC), the District is requesting the following information needed to complete the application. 1. Staff's review of the existing site conditions app~ars to indicate the existing shopping center discharges storm water to an on site ditch with no off site connection. Staff was unable to locate the "existing RCP Culvert" connection to the canal. Please contact Glen Gareau, P.E. to schedule a site visit to verify the existence and location of the "existing RCP Culvert" the project is proposing to connect to and use as its outfall. 2. The project boundary survey does not indicate the applicant owns the parcel at the end of the canal that the "existing" RCP culvert traverses to reach the canal. Please provide a recorded easement from the land owner for the "existing" outfall culvert. If there is no easement, please provide documentation that the applicant has the right to connect to the canal. 3. The site plan indicates a walk way is proposed to connect to the existing off site dock and (4) four wet slips at the end of the canal. Who owns these docks and wet slips? Please indicate what activities the applicant intends relative to the proposed connection to the docks and provide a recordable easement or authorization from the dock owner. 4. The revised predevelopment analysis appears to indicate the site is able to discharge approximately 9 cfs. However given the site geometry and adjacent development staff does not believe that the pre-development analysis is representative of the site conditions. Furthermore, the proposed discharge rate is not consistent with other projects in the area. Please reevaluate the pre-development analysis and contact District staff to discuss the appropriate discharge rate for this project. D1STRlCT HEADQUARTERS: 3301 Gun Club Road. P.O. Box 24680, West Palm Beach, FL 33416-4680 . (561) 686-8800 . FL WATS 1-800-432-2045 I· Stdan IVIè1LirJeS, P.E. Application 071127-16, Grande Beach March 20,2008 Page 2 5. As previously indicated, the District's Basis of Review, Section 7.3 requires that dry-, detention areas have a mechanism for returning the water level to the control elevation within 12 days. Please revise the design and provide a physical connection or demonstrate that the on site soils will recover the system by percolation. 6. The response indicates a concrete invert is proposed in the narrow section of the last dry detention pond to accommodate maintenance. This approach may still result in flooding during storm events due to erosion, and/or debris becoming trapped in this narrow section. As previously requested, please consider revising the design to reduce this possibility. 7. As previously indicated, staff does not believe using the mean high water elevation (0.68 NGVD) of the Indian River is an appropriate approach to establishing the average wet season water table on this property. The geotechnical engineer has predicated the wet season water table will be at 2.0 NGVD. Furthermore, other projects in the area adjacent to the Indian River lagoon have control elevations of 1.5 NGVD to 2.5 NGVD. Please revise the proposed control elevation consistent with the information provided or provide ådditional information in support of the proposed elevation. '8. The' proposed· design is a series of intercohnecieddry 'detention ponds with bottom · elevations of. 2.5 NGVD. Please describe how the, project will be physically able to diSCharge and recover to the pròposed control elevation of 0.68 NGVD as indicated in the ¡CPR model. 9. The ICPR model includes a cross section called "V-notch". Please provide a node reach schematic and describe how this cross-section was used in the model. The culvert entrance and exit loss coefficients used in the lCPR model drop structure input appear to use the weir and orifice discharge coefficients. Please review a pipe hydraulics reference or the ICPR help menu for appropriate pipe entrance and exit loss coefficients. Please revise the analysis as necessary. _ 10. The plans indicate a detail for the project control structure is on sheet 7b. However, the submittal did not include a sheet 7b and staff could not find the control structure detail on the detail sheets 7.0 or 7A. As previously requested, please provide a construction detail for the proposed control structure. 11. The project details include a retaining wall. Please indicate where the retaining wall is proposed on the plan sheet. 12. The detail for the ponds on sheet 4 is labeled "Retention Area". The plans and analysis indicate the project is proposing dry detention. Please revise the plans and analysis for consistency. .~ StGfan lVIannes, P.E. Application 071127-16, Grande Beach March 20, 2008 Page 3 13~ Please demonstrate that the proposed turn lane and improvement within State Road A 1 A will receive water quality treatment and attenuation. Please provide a copy of the FDOT permit for the proposed improvements within State Road A 1 A. 14.lt appears that the proximity of the out fall control structure to an inlet culvert from SD-8 may cause short circuiting of the water quality treatment process. Please revise the design such that the inflows to the last detention pond are as far from the outfall as practical to prevent short Circuiting of the water quality treatment function of the surface water management system. 15. The proposed site grading ?nd fini§hed floor elevations aRRear to be lower than E)_tate Road A 1 A. The turn lane section implies a swale is located between the edge of pavement and the side walk. However, no grading information is provided for the proposed swale and there does not appear to be any culverts proposed under the main entrance or the north access drive. Where will runoff from A 1 A along the project frontage be directed? Furthermore it appears as though a portion of A 1 A will sheet flow into on site inlets at the project entrance. Will runoff from A 1 A be able to stage up and sheet flow onto the site in other locations? If so, please revise the analysis to reflect the off site flows. Please revise the grading plan to provide additional existing and proposed grading of the off site improvements. 16. Please revise the grading plans to include the FEMA flood plain line and its elevation. 17.lt appears as though the stage/area data in the ICPR model has been revised from the previously provided stage/storage/area calculations. A revised stage/storage/area calculation was not provided with the recent submittal. Please revise the plans and the stage/storage/area calculations to include sufficient site grading information to allow staff to verify the stage/storage/area assumptions used in the ICPR model. 18.As previously requested, please revise the plans to provide sufficient topographic information to demonstrate how runoff from the design storm event is collected and contained in the surface water management system consistent with the proposed post development basin boundary and peak stage of the design storm. The analysis indicates the property line is the basin boundary. However, several areas along the property line do not include proposed grading and existing grades are below the peak stage indicated to be 5.8 NGVD. Please provide representative cross-sections and/or grading along the proposed basin boundary. If a berm is proposed for containment of the design storm, please indicate the location and elevation of the berm on the plan sheet. If a containment berm or swales are used as part of the surface water management system they should be located on common property controlled by the operating entity or in an easement dedicated to the operating entity for perpetual operation and maintenance. Please revise the plans and supporting analysis as necessary. ~ SWfan IVlé:Utnes, P.E. Application 071127-16, Grande Beach ~arch 20, 2008 Page 4 ." 19.Please revise the plans to include grate and invert elevations for all proposed yard drains and inlets. 20.As previously indicated, the submitted information indicates that a dewatering application will be filed with the District under separate cover. According to the District's database, the District has not yet received a dewatering application. Please coordinate with the District's Water Use Division (800-547-2694) regarding submittal of the application. Staff will process these applications concurrently and recommend final agency action when both applications are complete. Please provide the water use application number in response to this comment. 21.lf the applicant intends to use the existing docks, please revise the site plans to include the existing dock structures and square footage. Please revise the POA documents to indicate the maximum number of slips and limits on the draft and length of vessels that may use it. 22. If the applicant intends to do any work near the existing mangrove shore line including construction or replacement of an outfall culvert, the plans should be revised to include detailed construction notes, in water turbidity barriers. and sufficient construction detail to provide reasonable assurances that the existing mangroves will not be impacted. 23. The existing commercial center appears to have several monitoring wells that may have been associated with monitoring ground water or soil contamination. Please indicate the purpose of these monitoring wells and the status of use relative to any existing or historical contamination in the area. In accordance with 40E-1.603(1 )(c), FAC, if the information is not received within 30 days of this date, to render the application complete, the application may be processed for denial if not withdrawn by the applicant. Please attach a cop V of the enclosed "Transmittal Form for Requested Additional Information" to each of the required FOUR copies of the requested information. The response to this request for additional information can now be submitted online at http://mV.sfwmd.Qov/ePermittinq. Alternatively, providing a disk with your written response containing the documents and plans in electronic format (preferably .pdf) will expedite administrative processing and internet posting of the application, and save paper. · Stefan IVIC:HLlles, P.E. Application 071127-16, Grande Beach March 20, 2008 Page 5 Should you have any questions, please call Glen Gareau, P.E. of the Surface Water Management Division at (772) 223-2600, extension 3618 or Shawn McCarthy, Natural Resource Management reviewer, at extension 3625. Sincerely, Hugo A. Carter, P.E. Engineer Supérvisor-------- Okeechobee-Martin-St. Lucie Regulatory Division South Florida Water Management District HAC/gg cc: Applicant St Lucie County Community Development Director St. Lucie County Engineer St Lucie County Environmental Resource Manager Georgi Celusnek, P.E., FOOT District 4 Drainage Engineer Bob Emery, adjacent land owner Permit information and additional resources for permit applications can be found on line at mV.sfwmd.qov/permittinq. VIII COUNTY ATTORNEY Resolution No. 08-206 - Authorizing Refunding of the County's Improvement Revenue Note, Series 2003 and Improvement Revenue Note, Series 2004B - The Board approved staff recommendation to adopt Resolution No. 08-206 and authorized the Chairman to sign the Resolution. It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 08-206; and upon roll call motion carried unanimously. IX. COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 - The Board approved staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and directed the County Attorney to notify the Department of Revenue of the redetermination by July 1,2008. It was moved by Com. Grande, seconded by Com. Coward, to approve the annual redetermination set out in the attached memorandum and directed the County Attorney to notify the Department of Revenue of the redetermination by July 1,2008; and upon roll can motion carried unanimously. The Chairman requested an update from the Clerk of Courts pertaining to the remaining SBA funds. The County Administrator advised the Board he had a scheduled meeting with the Clerk of the Court for this Friday and he would advise him of their request. Com. Coward requested ratification of his appointee to the Arts in Public Places Committee, Mr. Nelson Merchance1y, It was moved by Com. Coward, seconded by Com. Grande, to ratify the appointment of Mr. Nelson Merchancely to the Arts in Public Places Committee, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at Chairman Clerk of the Circuit Court 9 06/27/08 FZABWARR FUND 001 001180 001183 001194 001195 001414 001424 001428 101 101001 101002 101003 101004 101006 102 102001 103 105 107 107001 107002 107006 107154 107204 107205 111 112 113 114 115 116 117 118 119 120 121 122 123 126 127 128 129 130 130200 136 138 139 140 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 21-JUN-2008 TO 27-JUN-2008 FUND SUMMARY TITLE General Fund US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/Planning 2007 U.S. Dept of Housing & Community Community Services Block Grant Fixed Route Grant FY 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi 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 F&F Fund-Court Related Technology USDOJ Edward Byrne Memorial Justice FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev 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 Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FDOT-Service Development Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund EXPENSES 1,196,785.08 1,111.10 625.54 1,293.64 109.26 4,538.40 1,267.78 891.22 3,576.00 972.98 32,054.13 23,028.35 14,264.46 332,129.71 19,745.82 77,997.22 7,741.11 389.75 409,388.05 86.89 86.89 4,540.09 15,080.69 405.15 188.70 99.48 21.57 10.19 18.36 20.17 23.81 8.19 32.68 36.34 10.20 6.61 41.64 13 .18 8.17 44.80 33.95 15,520.31 98,351.57 51,350.54 58.23 13.81 31.44 6,187.53 PAGE 1 PAYROLL 892,307.13 266.21 8,357.08 0.00 1,473.17 0.00 912.80 0.00 45,599.75 897.26 44,506.04 110,612.33 19,136.92 0.00 97,021.64 20,764.67 0.00 0.00 151,969.32 1,113.60 1,113.60 8,640.80 0.00 1,507.10 2,076.00 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 2,176.18 0.00 0.00 0.00 0.00 14,820.90 06/27/08 FZABWARR FUND 140334 140339 140347 140351 140352 140353 150 160 183 183001 183004 185006 185007 185009 189201 242 282 310002 316 316001 317 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 21-JUN-2008 TO 27-JUN-2008 FUND SUMMARY TITLE Const. Apron & Environmental Mitiga Drainage Improvements #407701 Rehab Runway 9/27 Install Access Control System Upgrade the Electrical Vault Taylor Creek New Spoil Site Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa Port I&S Fund Environmental Land I&S Fund Impact Fees-Parks County Capital 5th Cent Fuel-Capital County Capital-St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 18,662.08 134.13 822.85 1,689.29 2,030.98 2,250.00 115.00 9,616.26 3,859.07 616.82 494.81 128.79- 30.12- 322.76 5,811.01 963.12 5,147.10 56,169.00 77,564.01 27,338.40 68,025.00 194,930.38 13,762.53 14,659.95 40.44 28,277.19 25,626.03 112.85 65.89 5,383.27 699,289.67 43,177.68 36.82 181.20 2,524.02 367,438.50 3,997,219.98 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 1,523.20 3,678.32 1,340.13 0.00 5,996.24 2,166.40 0.00 4,397.60 4,516.80 0.00 0.00 0.00 0.00 0.00 0.00 67,255.10 22,762.30 1,905.03 550.78 20,126.54 10,899.29 1,528.20 885.69 70,632.86 3,889.66 2,410.40 0.00 0.00 0.00 0.00 1,651,737.04 06/20/08 , FZÂBWARR FUND 001 001167 001180 001183 001195 001404 001412 001419 001424 001428 001429 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107005 107006 107204 109 113 114 116 117 119 123 127 128 129 130 136 138 140 140001 140133 140334 140335 140337 140339 140350 ST. LUCIE COUNTY - BOARD WARRANT LIST #38~ 14-JUN-2008 TO 20-JUN-2008 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/Planning 2007 Community Services Block Grant 05 CDBG Sup Disaster Recovery CTD Medicaid Non-Emrg Grant FY 07 FDCA-Construct County EOC Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Legal Aid F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sun land Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Construct Runway 9L/27R Const. Apron & Environmental Mitiga Parallel Runway Design-9L/27R Install Perimeter Fencing #412400 Drainage Improvements #407701 Install Security Fencing EXPENSES 747,060.64 130.70 2.38 3,467.70 1,971.86 191,262.99 52,537.00 22,555.84 1,866.76 4,533.40 3,602.83 32,995.22 19,470.00 63,685.65 45,286.75 27,177.19 106,911.53 74,079.94 175,290.31 1,036.05 233,587.98 1,679.80 10,766.21 7,009.79 8,378.15 10,497.25 2,152.69 35.00 239.27 521.68 583.44 145.25 907.46 369.38 378.92 507.60 14,304.61 1,673.44 1,493.46 261. 06 17,541.82 457.88 316,489.45 4,044.99 15,876.48 463.50 1,000.00 805.24 PAGE 1 PAYROLL 47,081.28 0.00 0.00 170.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,525.26 0.00 0.00 0.00 0.00 51,134.38 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 06/20/08 " FZIIDWARR FUND 140351 150 160 170 183 183001 183004 183006 185009 189201 216 310002 316 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #38- 14-JUN-2008 TO 20-JUN-2008 FUND SUMMARY TITLE Install Access Control System Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital I&S Impact Fees-Parks County 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 Impact Fees Fund Law Library Agency Fund Bank Fund GRAND TOTAL: EXPENSES 8,731.63 885.99 7,604.96 7,109.88 7,169.69 493.95 3,490.91 17,584.90 1,872.88 5,340.74 96.45 143,757.90 13,417.00 139,220.58 28,314.16 1,554.78 526.78 40,012.35 45,074.06 1,199.97 386,840.94 38,402.08 10,828.25 893.81 8,602.18 205,562.44 17,658.98 66.74 62,953.59 3,432,365.11 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,217.82 0.00 0.00 0.00 0.00 0.00 0.00 106,128.84 -"1/ ~" AGENDA REOUEST ITEM NO. 6Bl DATE: July 1,2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: "After the Fact" Revocable License Agreement 930 Jackson Way Mr. & Mrs, Grigsby BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. & Mrs. Grigsby to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [xl County Attomey:~ [xl Originating Dept:1i".f- [xl Public works:-r¥' [l Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 1, 2008 SUBJECT: "After the Fact" Revocable License Agreement 930 Jackson Way Mr. & Mrs. Floyd Grigsby BACKGROUND: Mr. & Mrs. Grigsby are requesting an "After the Fact" Revocable License Agreement for a two- foot high retaining wall along the West side of their property, which has been in placed for approximately fifteen years and is in need of repair. Mr. & Mrs. Grigsby purchased the house in 1997 and would like to replace the wall before it collapses into their neighbor's yard. The retaining wall waS placed within the County's ten-foot Drainage Easement. The Drainage Easement lies five- feet on each side of the property line. Staff is willing to permit Mr. & Mrs. Grigsby to encroach in the same location to rebuild the existing retaining wall. Staff has included language within paragraph six that states the County shall not ask for any modifications for ten years from the date of the Agreement. After ten years, the County will have the right at the discretion of the County Engineer or Road and Bridge Manager to reevaluate the Agreement with or without cause and determine what action needs to be taken, if any. RECOMMENDATION: Staff recommends that the Board approve the· After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. & Mrs. Grigsby to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, /1 {¿~~ K.L_~t- (ljoAnn Riley lj Property Acquisition Manager November 6, 2007 C"'... 11,"';_ f",.....,......h, CI,.......;......I...." vL. LU.......":; VUUIILY r·IUI lua Property Acquisition Division 230" \/ir-,.,il"'\ia 7\",,1"'\' 'e v VII~1I11 ~YC;IIU Ft. Pierce, FL 34982-5652 Re: Revocable License Agreement To ,,\,h-m i+ t'T"Ir"IY "'--""e'~· VVIIV It. 1110 '"'VII"" Ill. I a~ h~'ehy 'eques··lng a R~"~cahl~ I ;ce~se Ag'~~m~~t fo' .he ~ur~o~~ ~f. I III I C:I JJ I l çvu !.JIO" L..I I I I Cell ç I I 1I1 tJ tJ õ;>t:; VI rebuilding a two-foot high retaining wall on the north side of my property. The existing VY'811 is approximately 15 years old and is in desperate need of repair/replacement. It is not only unsightly, but is close to collapse into my '"'e;~hh~,'s yar'"' I I I~I nJut u. My proposed new wall will be in the same location as the old one and ,<viii encroach into a Drainage Easement approximately 4.5 - 5 feet. This amount of encroachment is necessary because the water line goes directly north from the meter, which places it within inches of the old retaining wall. Thank you for your consideration, fhº- ~~ Floyd Grigsby 930 Jackson Way Ft. Pierce, Florida 34949 772.595.5257 .çlo""'jr-;a,...h."~""'''t'T''I,..._r<''' ................. ll\... t "UvlU.l\....V"I.....CI~L.IIC;L Coastal Coves Unit One, Lot 1 ../ ~,1 ,. \. J l' ~ 71 , ---- ----- ----.... ~ - - - ..---- - " .... ~ ~ -- ð ~ ~ - ~y "II .. :. ..~ /lH)',~ ~ -..1-- __ - ~ __.. gO {Iil& I ~~ ~---- ...-- --. .. ,/IJt:1' 41! -------- - --------- 28 . - 29 -----------. -- . .. ~ - .. -~ --- ~ ~A >' - -- - - - - ... ~ . " 0 8~ ~ õ .'" c " W'-;: z~ 0" , \ ~-;¡ ::II. ° dO> ~~ ~~ l~ .....!! ~3 (11", ~õ 8~ -'~ «:~ f-" (110 <:.= O.g uo. . Z~ 0- V;o 5- õ;::::: .. ID u z:::> 00 aUl~ ~ 1õ 5~d (11 .- ~ :=8 ...J glD <_õ ~~ä: I- ...J <.5 9 ----z~ <~ 8 t~ OU .=8. 'in>' ro~ >'1 ~õ ....1 <1>..... .......s:: cO> ~ii: Ïl'¡"'-!5 ~~~ ~ð8 V>~ 9 ...J .00.00.00 N v . c Õ. . o . o o ~ '" = 5 õ '" 'Q r;; ! i 15._ ~ Æ~ i ~ ~ ~ g~ "0 "g ~ £ o~ § "8 .~ i ;ga; II) .... Zõ 5 .. g "Õ Z~ ~:~ g. ~ ......... 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Q:<" '" w z «: '" :::> '" ~ >- ..CD 0'" 1-" ¡;: 0" w· ¡:¡:«: F=~ 0:::0 W-' U"- <Ø-. ..J~~'\ ;......g~ ..... z:2 0" 1:" ~ t- o .. ",t- o -" 00 OJ ~ b g.- '- ~ "' .. I .::::. ~ " r--r-..'õ 00 CD ~ " r.i ~~.-i 0 i! OJ . z 0 .. 0 ~~ ~ j : . ~ 0 ~ .. '" 0 " '" ~ § ~ ~ o - 1; CD 0 .s . < ~ è 'to 0 ~ ~ ~ ~ " .. .... ",0 .!:::; œ ...... c.. c; ~ <>."'....:s: +-~"E~"1E Q) ~P"J~s + "501"""; c: o'J!! ,·ö g' aJ ~~:g c: ">...! - ~ CI' ..3.u c.:: (I) ~-,~..,] O· ~ ~~!~ :;¡ 0.6 ~ ~ C wD..N6t :¡ vi J::: CD ~ ~ ~ ~ õ' " Ija:: Z lJ.. I-~ :rill 0 ¡:; z" ~ ~"'õ'ê~';:1íQ.¡>: ~; tt: ww~....J1ip:,~ <w .........~ ~:i~< Jw'z'c..lI'l r Q,.6:Q:,","::¿~2æ"""~ ¡g §~~~I","§~I"~~ L.... ~d::!3:u~~;t~~C~ . H . . . II II . II ~L..J1Il 9-&'r;l,..X li~¡j~~ ~i ~~ UJV> -'~ ~ ~ Z Uo. Š ~ o16ð 5 5 5 8~ z~ ~ ~ ; n:8?;(~~Ø~~ w 0 ~a:~zco"" ~ ~g~:z=~~s~æ~ ~~æoc~~,!.Q~~~~ 25ð~ðõl-a~-<z-,~ k.Og;Lo.~Ciit~::£:::Z~ II ~ II I II n I Il.ZO ~Ou.J UU IIh'IIB Oæðg:~gj~~@ ..z i ff E Z : ~ f.w>. ¡" i5 0 ¡;¡3: -< ~ c: '" ~I 0 :;: UI -.::t. '" 0 i5 0 ß-:l o ~ z òl ~ "" n "')¡. w ~õf' ~~ ~~!¥~ ~ - 1l-- ~./I 3~8'9 ~ "/ ~~.g ~ ~ : ~ § i~]t a:£:: .~o ,- 0 "'- , ~ ~ 0 ~::i t1~2 :5~1Il ~ _.2~ _ CI't:l" z:5 0:"2 0>. C::l ~ ~.~~ ~ ~.~] ~ ~ ~g w ~ >,b u _ E ~ This instrument prepared by: Janet L1Causi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State ofFlorida, ("County") and FLOYD and SUSAt"f GRIGSBY, whose address is 930 Jackson Way, Fort Pierce, Fl 34949 (the "Owner"). WHEREAS, the Owner owns the property described as follows: 930 Jackson Way Coastal Cove - Unit One, Lot 1 Parcel I.D.1423-802-0004-000/2 \VHEREAS, the Owner has requested an "After the Fact" Revocable License Agreement for a two- foot high retaining wall on the west side of their property along the County owned drainage easement in Coastal Cove. The drainage easement lies Sft on each side of the property line. WHEREAS, the County is willing to permit the Owner to encroach 4.5 feet or in the same location of the existing wall, in the County's drainage easement, for the purpose of rebuilding the existing retaining wall, subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. NOW, THEREFORE, 111 consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner an "After the Fact" Revocable License Agreement, for the two-foot high retaining wall, to repair/replace the retaining wall that is collapsing. The replacement wall shall be designed by a registered engineer due to the old design failing. This "After the Fact" Revocable License shall extend only to the referenced two-foot high retaining wall on the west side of the property and shall not extend to the construction and/or installation of any additional structures or utilities. The new retaining wall shall encroach into the drainage easement only 4.5feet as shown on Exhibit "A" 2. The sole purpose of this "After the Fact" Revocable License Agreement IS to grant the Owner permission to repair/replace and maintain the collapsing retaining wall in the County's drainage easement. 3. Pursuant to the terms and conditions contained in this "After the Fact" Revocable License Agreement. the County authorizes the Owner to repmr/replace the two- foot l11gh retammg wall, that has been designed by a registered engineer, which is encroachmg4.5feet in the County's 10ft drainage easement. 4. The Owner shall insta]] the retaining wall in accordance with Standard Specifications for P.ublic Works Construction in St. Lucie County, Florida and Health Department Standards. The retaining wa]] shall not interfere with County use of the drainage easement and any damage to the County drainage easement shall be repaired by Owner. 5. This "After the Fact" Revocable License Agreement shall be binding on future successors and assignees of the O'WTIer, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) ofthis Agreement. 6. The County sha]] not ask for any modification to the easement for ten (10) years from the date of this Revocable License Agreement. After the ten (10) years, the County wi]] have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to reevaluate this Agreement with or without cause and at that time determine what action needs to be taken to the retaining wall, if any. If any action has been determined, it will be at the Owner's sole expense upon ninety (90) days 'WTitten notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perfon'll certain alterations to the retaining wan or the location of the retaining wan, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the retaining wall, the expiration of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact"Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the retaining wall and repair of the drainage easement, if necessary. 8. The term of this "After the Fact" Revocable LIcense Agreement sllall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate or make alterations to the referenced retaining wall, after the ten (10) years .at no cost to the County, if necessary, for the maintenance or improvements 'of the drainage easement by the COLmty or Utilities Department. 10. The two-foot high retaining wall shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. II. TIle Owner agrees to allow County employees access to the location of the retaining wall for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner Floyd and Susan Grigsby 930 Jackson Way Fort Pierce, FL 34949 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this"After the Fact" Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invltees, orresulting in inJul)' to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this "After the Fact" Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this "After the Fact" Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first \vritten. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COCNTY ATTORNEY ~ITNESS: g. 1 _ , ."-' CL~.. \". C Ct.z..t..Q...L. Fike1s L í) .,' . ~"'ig)~ ~es~ f'" .--J. .' .. l-U: -if I; t"",- _~. WitrK\~ d {rf7/ltdG! ~f-- STATE OF FLORIDA COUNTY OF S1. LUCIE The foregoing instrument was acknowledged before me th\s If .;.-í~ day of by FLOYD A GRIGSBY and SUSAN E. GRIGSBY who produced r ,-"""."t .......J. and who did take an oath. &1\1','", J:. Ci"-""'- ~ '~'. .¡'\.,.),J~ 2008, (typè of identIfication) WITNESS my hand and official seal, this II ~i_ day of A ' ¡-If'··A ,2008. My commission expires: O:])~V "", JoAnn Marie Riley :- c; Commiasion ... 00374301 ~ Expires December 4, 2008 ~OF _TnlyFoln·'-......1Ilo _1011 Irj --7" \iI' .... 1/ Ii ._ ..-~.......' ..............-\:,.....,.-.4... 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'\ ¡ ":S ¡ 1 ¡ ¡ ~ I :1 \- I ~ I 5 ~ .. ~~. f . ¡ ~¡ . . f ~ ~ , , ¡ I p . , I I ~_L - \-> ~ '-lJ ~ \..1 ~~ -- ¡-Ç 'ì ~ . . .l. _ -ftJ~ =~.~~ .:¿I :ì I ~l "..1 ~ì -,- ~ ~~ ! ~q : .:j¡ .J.' , \-' ¢i ~ ; ~ :.> \~io; ! ~j , ,~ , * i , . , '6.:i K 1 I ._... . l' ;""'" . !i ....... ... ~ i ,. i --" '0.- r ~ ~ ~.¡ ¡ I I 4i I Ji-þZ --l.. 0 I ¡, C:j d : J -.....:.. " ~ 1\- :[ i; ~!~ tAr ~)I I~ I~\ I '. j , I ¡ , I ì i 1 I I I I I I .~ . i i I I í 1" I 1 ! I , I ; Í i \$; ...., i - i ¡ i , "J I . t: \ -- ~ \ ¡ ..., I· I - 1'- <- ~ -,' I ;QO ¡ J ~ )l ~ I ! '--L< I I I I I I I I --~ I ¡ I ~ .. \ ~"'~ '....;:¡ Á-~ () 9, ; - ;_ ~ I I v~ -, - - '/1 ,v r- ~ ..-- \!S ;., Q J ~ ~ ~ .... ..& /" . . \ ~ t 'ì.o "'--'~'-"-~'--- -. " ."- i!l Z X M ~ « ~ "T L.. Cl1 w CJ; w ~ ~ ~ 111 "- ill . ~~ [' ü ~ 'T - '- W N Z W ~ [J " .J - Û1 l' :J "T > U1 rr1 :;:1 - Ü 01 .L ¡":...J Dr (J . U1 u.. J! ..J 0' .J « w ' ~I w [J w =@) ¡ 0: U « ll' ¡ ~ I!: 0 :¿ .,! ; :J ~, f- ! t ï: \ t.l .J W II .J w r- ~I .J ..J r- - :J w lD lIJ « . ~ r- .J l!: OJ D- « lIJ 0 OJ U [L OJ ~ (t, z , m 111 < ro I 0\ w t.l ~ z I::: w D N ! ,. I'- - I'- [L ~ 7' wl -Ì '; ¡l\ I ' \¡ "" AGENDA REOUEST ITEM NO. 6B2 DATE: July I, 2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney loAnn Riley Property Acquisition Manager SUBJECT: Platt's Creek Stormwater Improvement Project Utility Easement Florida Power & Light Company BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/ A PREVIOUS ACTION: June 28,2005 - Board of County Commissioners approved the Florida Power & Light Company Easement on Sunrise Boulevard for the Platt's Creek Storm water Improvement Project. RECOMMENDATION: Staff recommends that the Board approve the revised Florida Power & Light Company Utility Easement, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~APPROVED [ ] OTHER Approved 5-0 [ ] DENIED Dou as . Anderson· County Administrator <Â_ .../ r;¡ Ixl County Attomcy:_______ [x] Originating Dept:__!-'-~~_ Ixl Public WorkS:~~ II Park & Rec.:_________ I I Road and Bridge: . C") Ixl Engineering:!.£_{~-,,-<::?-'.:::::__ 1"7, - ,/-I PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DA TE: July 1, 2008 SUBJECT: Platt's Creek Stormwater Improvement Project Utility Easement Florida Power & Light Company BACKGROUND: On June 28, 2005, the Board of County Commissioners approved a Utility Easement in favor of Florida Power & Light Company, for the installation of underground electric lines and transformer on the Platt's Creek Stormwater Improvement Project. Recently Florida Power & Light Company worked in the Easement area and notified staff the area needed to be adjusted and have requested a revised Utility Easement. The attached Easement will replace the Easement approved by the Board on June 28, 2005. RECOMMENDATION: Staff recommends that the Board approve the revised Florida Power & Light Company Utility Easement, authorize the Chairman to sign the Utility Easement and direct staff to record the Utility Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, ~ r/~'C~~U~ ~bAnn Riley Property Acquisition Manager . BELLAVÉ.- . .. >< "$'.. .\ +--\.. <6 --< -HA.ZELWOODDR. I I 'oS' ~: -~. ~~...,. ~. ~.. '<¡; o Work Request No. 2700694 Sec.33, Twp 35 S, Rge 40 E Parcel 1.0.2433-131-0002- 000-3 (Maintained by County Aporaiser) Form 3ì22 (Stocked) Rev. ì/94 EASEMENT This Instrument Prepared By Name: Co. Name: Address: Armliaht Marian Florida Power & Liaht Comoanv 1050 S. E Brandon Cir Port SI Lucie. Florida. 34952 pg jof 1. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is rlereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric ut:lity facilities (including wires, poles, guys. cables, conduits and I "pp"rte"anl """"manl) 10 be I"talled hom lime 10 time; wllh Ihe elghl 10 I reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 1Q feet In width described as follows: Re'e"edlwC¡"u,tCuurt Florida Power and Light Utility Easement, see Exhibit A. This easement replaces the one recorded in OR Book 2292, Pg. 792 Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and condUit within the easement and to operate the same for communications purposes; the right of Ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or âangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_, Signed, sealed and delivered in the presence of: (l..'orporates name) (Witness' ;;Ignature) By: (I-'resldent s signature) Print Name: Print Name: (Witness) Print Address: (Witness ;;Ignature) Attest (;;ecretary S signature) Print Name: (Witness) Print Name: Print Address: (Corporate Seal) STATE OF AND COUNTY OF ~ day of , 20_, by respectively the President and Secretary of corporation, on behalf of said corporation, who are personally known to me or have produced identification, and who did (did not) take an oath. . The foregoing instrument was acknowledged before me this , and ,a as (Type of Identification) My Commission Expires: Notary Public, Signature Print Name -= <- -=: '--..-.. -, -;0 h, ~ ~. ~ Ýl ~ s::: ~ ~ lì'í ~ /' ~ ~ ,,' ~ > r/UJf- Lt:- <:C OJ <t ,-,L W '=:1 --.J : I- I..J W l,t': ,~'" In ,-: )- T I- ¡(,W - Ct :,-. 0:: <l o z¡:::: () L ¡=: LLI ~ If) l1:::::r- ::)~ =. 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N COL() ~ '; .~ f- f- «er::: I >--Z.....J °WÜf-W<: 0:::s:.....J.....J2~ gOOf-t/iw LLCLZ::J«O « W z OOSS ¡arJasel JOIOO d~ 'l21Q 'lI\Id S l W l 8002/6/S '1Il\lS3-ld=l-lS '5MPïIl\lS3-ld=l-ls\~aaJo S1l8Idp¡;-80\SpaloJd 80\:S AGENDA REQUEST ITEM NO. C2G DATE: June 28, 2005 REGULAR [ ] "}' r '. " _ ,',~. ~:"'~'~<' ~ - I _~ .......!...-.._ _ _ ~ PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Platfs Creek Stormwater Improvement Project Florida Power & Light Company Easement BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 10, 1999 - Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Becker Holding Corporation in the amount of $1,070,000.00. July 15, 2003 - Received Board of County Commission authorization to accept North St, Lucie River Water Control District Canal No. 13. RECOMMENDA nON: Staff recommends that the Board approve the Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County. Florida. ¡)f APPROVED [ ] OTHER: [ ) DENIED COMMISSION ACTION: Approved 5-0 [XX] County A,.torney: 54 Revi~w and Approvals ) En\lironmentaJ Re.sources: J County Engineer: [XX) Originating DepT.: r'V\~ ] Rood & Bridge: lOMB: Finonœ (Cneck for Copy only, if applicable) Eff. 5/96 G:\ACQ\ WP\YVONNi:\ENVLANDS\SUNRISEM \FPL UTility Easement Agenda Requcst.wpd EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2660084 OR BOOK 2292 PAGE 792, Recorded 07/06/2005 at 07:59 AM Work Order No. 1048060 EASEMENT This Instrument Prepared By Name: Rob Morris Co. Name: FPL Co. Address: 3301 Oranae Ave Ft Pierce FI 34947 l'9_of_. Sec.33 , Twp 35 S. Rge If<¡ E Parccll.D,_ (MaIntained by County Appraiser) Form 37Z2-A (Stocked) Rev 7/94 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of wmch is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as weIl as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: o o o o o o o o o o o c û o û o o o o o o . BR........,rorCiI'CUiI~ WXDDooorr.~lIUI nllllll()J[IDJ Together with the right to permit any other person, finn or corporntion to attach wires to any facilities hereW1der . cable and conduit within the easement and to operate the same for communications pmposes; the right of ingress and e~ t. d premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within . . ment area; to trim and cut and keep trimmed ~d cut. all dead, weak, lean!-ng .or dangerous trees or.l~ outs~de .of the .. t area ~\ticb might mterfere WIth or fall Up~lß the hnes or systems of co~uwcations ~r power !JanSIIDsslon or distnbuu ..'Ju~the.r ~~:.t.o the ~;::. =:rt~d =~~~oa~ ~íJ~~;ãj~~~~:~=;~~ the . \:~'~J::~~;~over, :,:"".,.: ::':"''-'- ..._..........._00 " :f,;!!l:~, . th f ' " '/,.' 4L' -' ...icfr In e presence ° : db .... ·1 .~; '~1''''';\2'~ :£1..,<- .'.'jt.~~ ··.·(1# /-.:;. . Wi1n<ss' Si~~)f :~~~~ "';1;iæ!;;~~ . ..... " Print Name .:foA",,.¡ 1-; ley ~~ .1' C~~9~1 ;¡;t¡''k ,ì (Witness' Signature) Print Name [); f'kYr {s+, :';'6 e.. (Witness) . ('. ~a"j Nowy Public, SigJl&lUre U,~ \ ð Print Name b;(\ /A fre¡, +r',¿g.e.. APP AI TO fORI AID STATEOF FloC'"; (let me this ~ day of My Commission Expires: DlNA PRESTRIDGE MY COMMISSION' DD 205963 EXPIRES: Ap!1128. 2007 _TIwNaloJyPuiloU_ -..,.. OR BOOK 2292 PAGE 793 POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION 33 S 89'37'56" E 2652.97' FOUND PK NAIL AND DISC NORTH LINE OF SECTION 33 ------ ~ig b~ f"~ õ- II> FOUND NAIL MARKING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33 13-0. J'~ :s-;- 'e-Vl ~ 'O~ ¡:;I. "', IS! .9". Q_ ~ 0Go: ~/. 'It. ~~" ¿ 11'- (' '<'J,.. ~~~ ~~ <;) J' R = 559.10' L = 219.21' A=2T27'S" POINT OF ú 571'10' 42"W 24.00' 571·10'42"W 10.00' TH IS IS NOT A SURVEY "'ël ~'ll smt'II AND LEGAL DESCRIPTlON o~ . 0 OF EASEMINT FOR F.P.!.. AT "Ol 8 PLlTl'S CRm ...~ ~ STOID( 'JAm PARCEL BOARD OF. COUNTY COMMISIDONERS SAINT LUCIE COUNTY, FLORIDA PUBIJC yom DEPT., ENGlNURING DMSION, SURVEY SECTION BaOO VllQum. .lft., rollT PIDCI. I'LOIIIIl.l MeIlZ TIUD'IIOJQ: . e 2 - 1? 0 ? .,,- C:\DrawingsISurvey\0521.dwg, 512012005 8:45:41 AM, SLCPWD-Engr.-Div.· D.S.A, "" w 0 -.t tl:: vi II') I'l t- 1 " 100' REVISIONS OR BOOK 2292 PAGE 794 DESCRIPTION: UTILITY EASEMENT AN EASEMENT FOR UTILITY PURPOSE OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 33, T-35-5, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND PK NAIL AND DISC MARKING THE NORTHWEST CORNER OF SAID SECTION 33 THENCE S 89° 37' 56" E ALONG THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 2652.97' FEET TO A FOUND NAIL MARKING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33; THENCE SOlo 20' 40" W ALONG THE EAST LINE OF SAID NORTHWEST l/q A DISTANCE OF 1431.36' FEET; THENCE S 89° 26' 42" E A DISTANCE OF 520.73' FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SUNRISE BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE (3) CALLS; . 1. THENCE S qO· 17' 03" E A DISTANCE OF 941.16' FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 559.10' FEET; 2. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22° 27' 53" A DISTANCE OF 219.21' FEET TO THE POINT OF TANGENCY; 3. THENCE S 17· 48' 18" E A DISTANCE OF 153.74' FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 17 ° q 8' 18" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 156.61' FEET; THENCE S 71° 10' 42" W DEPARTING SAID RIGHT OF WAY LINE A DISTANCE OF 10.00' FEET; THENCE N 17° 49' 18" W AND PARALLEL TO THE WESTERLY RIGHT OF WAY LINE OF SUNRISE BOULEVARD A DISTANCE OF 142.00' FEET; THENCE S 71° 10' 42" W A DISTANCE OF 24.00' FEET; THENCE N 31° 54' 54" WA DISTANCE OF 15.00' FEET; THENCE N 71° 10' 42" E A DISTANCE OF 37.65' FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SUNRISE BOULEVARD AND THE POINT OF BEGINNING. BEARING BASE: THE NORTH LUCIE COUNTY, FLORIDA IS RELATIVE THERETO. 1943.2 SQUARE FEET MORE OR LES LINE OF THE NORTHWEST 1/4 OF SEC \ON 33, T-35-S, R-40-E, TAKEN TO BEAR S 89° 37' 56' E AN ~'{>.LL OTHER BEARINGS ARE ST. SAID EASEMENT CONTAINING SURVEYOR NOTES: 1. THIS IS NOT A SURVEY. W 2. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTIO 3. INFORMATION IS BASED ON THE BOUNPARY SU OF P TTS INC. JOB NO. 99-024, DATED NOVEMBER 18, 9 . 4. PROPOSED UTILITY LINE LOCATION IS BASED ON T WI F27R34, DATED JULY 14, 2004. 5. TRANSFORMER PAD LOCATION HAS BEEN HAZEN AND SAWYER, PROJECT NO. q02 CERTIFICATE: I hereby certify that t' dated this ¿Q day of, CREEK PROPERTY PREPARED BY LBFH, PREPARED BY FPL, DRAWING NO. P STATION SITE PLAN PREPARED BY , 2004. egal description represented hereon, true and correct to the best of my ~cal Standards set forth by the ~orida 6, Flor~da Admin~strative Code, pursuant ."^ .~Il" ~ ,,-, 'R~ PROFESSIONAL SURVEYOR AND RONALD H. HARRIS STATE OF FLORIDA NO. q198 ,'; MAPPER , <¿i:~~~j.é:' 4 ;::<:_~" . /r:,;~ ....;~"'"'. If;",.,·· "j' ,,¡.' . .>1;"" '" , ":_ ...........' . ',,' ~~ .þ"'~ ~ ....It': .,,' "t,. . .. .,~_<. .' ~'--l""'"l"~ ". '":'(.>1-'" ~~ _ ," ...'~ ,<,,:'''",'J,'. ,?¡:, ·,otf." '-. . ",,~~).¡o\.j:. ,. ~ '&f' ":>").;,, mTCB AND LlGAL DESCRIPTION OF EASDIINT FOR F.P.L. I.T PUTTS CREU STOIUI UTIR PABCBL BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY FLORIDA . PUBIJC YORKS DEPT., INGlÑiÉRÎNG DIVISION. SURVEY SECTION ADO VDlllDIU Aft" 101IT PlDCK. n.o_ uvea TIlLKPBOKI . e I - 1 7 0 7 ...,.- C:\DrawingslSurveyI0521.dwg, 5/20120055:46:16 AM, SLCPWD·Engr.·Div.· D.5A AGENDA REOUEST ITEM NO. 6B3 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement 1031 South Indian River Drive Mr. & Mrs. Edward Koch BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Koch to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 ~ [x] County Attorney: ~ Review and Approvals [x] Road and Bridge\3..\;::1. [x] Engineering: ø.//~_- /-!./~ [x] Public Works:~, [ ] Purchasing: . [x] Originating Dept: 1M/- PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 1, 2008 SUBJECT: Revocable License Agreement 1031 South Indian River Drive Mr. & Mrs. Koch BACKGROUND: Mr. & Mrs. Koch own property on the East and the West side of Indian River Drive. They wish to install utilities to East side of their property by boring under Indian River Drive and installing a 4-inch conduit 36 inches deep. The Revocable License Agreement states that if there is any damage to the right-of-way because of the boring, the property owner will be responsible for the repair. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Koch to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, jr~" ~ \~oAnn Riley Property Acquisition Manager i I I I ." \ ',; 1 DELAWARE-AVE, . ... .... c- \ " ,_.1 .-\ ; .\ --. \ " \ EASTER AV'E ... ... . .. ',I - --~-'\ ..,,\ ,¡-~ '- 't \ ~,-. .-.:,._,.'..., "1... l> \ C). .,."1." I is\ ...?) .. \ ~' 1. \ ':~ ~-, ,~~~~~ . C) 'I ?)\ ·'··',1 ;\ \\' \ , \1 \:::'- '\ .'-"';"--\ ", 1 ......\",} n_,. \ '.\ 'N- I ~..~~'-'..~.~~~\\ \\, ~\ :,,,1,,,,: .. i ! ,ëïTRUS~AvE .. I·· , _~-'C, DELAWARE-AVE·· .......--....--,.. , --'-'~-- ,-- ... ... >- . -.oIl: ~--~ := :I: ... 1.:)--.- % Ul :;:J' Ul... HAMPTON PL.'· . ~-, ,"Ii; :r:: 'I- 'Ill 'It/) !~_lj=~r 'I .:I:-'T--' IL-'CU .oIl: '. W ~"-'-'1lI .1-'.-':- . Ul· ... -. -.:1:' 1-' ··~u 'VI , FLORIDA'AvE !' ..··-i ] ; i GEÖRGIÄAVË' I,'·J~-j '11·r" I I'~:" C:::-l¡ r"-H' ',I <. f'O' L:.. f"·' ! ~~"<ßÌ~~ i- n" '/ /~8 ~ .- - I,.JI ;7Q - ~'I IT· ~ - J I' {<t TTTTl ,I .. . ". ~. ~ '.. / ~_LJ,_L_"L_, . I..j ~ -' ~~ ~INEWOODDR:..:_:_,~:.:~:,:.:.:.:.: r------ "_ ¡e.;, " , .;):' :/ >. í .,. -.. ',," '" "-:' ..' , ~' , , "IH-------l-- ,', //>/;,:...,~,\>'" "---~----'!\ - ..... -~, 'i'_ J . >,/ ".".».rf . ',/.;., ,. I ~, _, f, -':!tI ,. '" ..;v . '.......-.-....- ...n_.: !' . ~: ,.' .'>0.'. /'.'~ . T~,"" j /~"'£~ /~ .., <.. ~~, , .. ~ . -,' .,', '«".v ')0 "'.<'" >~...,.. 0= , "'. ''I'~''~'"'' / "~......J '__L. .~ ,1-,/,.· ',,;, ,;'."J< _0" . I ··Ul1 /,/~" 'I' :'~r\>s~~. ' 1...,- II - '/,/'/>'," " l~· ,I !.,~ ( '--...,/ r' -j :> '''---L ! "Jf·" j :I: -LJ --'. :·:·?H,IO,.A~E",:::é:==:;-':l-'---;"; i,,::~,:; :=}'¡ '. .~. ',L'I' i ! J : ¡ :.. 'I· ~., ¡ , ,:--' n___._j _'. ., ',----~-- lei), '\I.,jll- :j - 1--i [- : :.. 'i.¡~=I·.II'-i, ~ i i- if··; QU~NCIY.\A~E/I:T:]'J'-""':':" .....'. I II I.... j . ., rn--';--J------ ¡--. I~~"~:~R'.__ Ir,,:::=\ ····....1 ' ITl·:r._--,..... L_ JdiE,¡ I 1 I I í li¡¡;ì: IU:!! -! I "'j ! , .~r- 1'-4 ··'1 -, Þ 'n :q¡,. , 'Tot; .. ..! !. ._~..." 71--',- / '~~ ". I ....., \',a_.'i.....J.......L.....l..".] ,! " SOUTHERN.AVE '¡',: 4-. l.,±. I -rJ -t~-f"': I . ' ~--J ; Tjl.l'- -, . "I I.-r ... ··1,1 I;T'~='=I~ __1;ENNESSE.EA"ïF>----- ,~ '___,__,___ . ·I;~J'~;T==~ 'I ! , 1 -id ,""; !a: 1-"1 '<t , '-j~;:, 1...1'.. o -u ,-",- -~-~._-,_.._-; ······l ;.,"----; \ ,.-.----l, , \ This instrument prepared by: Janet LiCausi under the direction of Daniel S. Mcintyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2008, by and between ST. LUCIE COUNTY, a political subdivision ofthe State of Florida, (the "County") and EDWARD L. KOCH and GAYLE ANNE KOCH, husband & wife whose address is 1031 South Indian River Drive, Fort Pierce, FL 34982 ("Owner"). WHEREAS, the Owner owns the property described as follows: LOCATION: 1031 SOUTH INDIAN RIVER DRIVE TAX LD. 2415-502-0006-000/3 WHEREAS, the Owner desires to install a 4 inch PVC conduit for water service to dock and sprinkler water under South Indian River Drive at a depth of at least 36 inches, which will encroach the entire width of South Indian River Drive right-of-way. WHEREAS, the County is willing to permit the Owner to use South Indian River Drive right-of-way to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of providing water (within a 4 inch PVC conduit pipe) to his dock and to use for sprinkler water lying on the East side of South Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit "A". The drilling must be performed by a licensed driller. The utility crossing will encroach the entire width of South Indian River Drive right-of-way. This license shall extend only to the above-referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose ofthis License Agreement is to allow the Owner a means of providing water between his property on the Wcst side of South Indian River Drive and the dock on the East side of South Indian River Drive. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to keep and maintain the 4inch PVC conduit pipe, which will contain water service under South Indian River Drive, to adequately provide utility service between his property on the West and East side of South Indian River Drive. Any washouts or damage on the sides of the road caused by this installation will be the responsibility of the applicant to repair. 4. . The Owner is required to have a licensed driller install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This License Agreement shall be binding on future successors and assignees ofthe Owner provided that Owner gIVes adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal ofthe encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the utility service, (4 inch conduit pipe) to the dock lying on the East side of South Indian River Drive, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging ofthe abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. O\vner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of South Indian River Drive by the County. 10. The utility service, 4 inch PVC conduit pipe containing water to the dock and sprinkler water lying on the East slde of South Indian River Drive, shall be constructed in accordance wlth all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the 'Mitten approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in 'Miting and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: Edward and Gayle Koch 1031 S. Indian River Drive Fort Pierce, FL 34950 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnifY and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, orresulting in injury to persons or property, or loss oflife or property of any kind ornature whatsoever, sustained during Owner's u~e of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of S1. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COmrry BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \V1TNESS: """"'\" \ y! ~{¡LL\ EDW ARDL KOCH Bt~b J1~-L~ W~tness ~ 1- a I ¡'C¡~l ~ fjj~~~ Witness Û {þ--k ~ " 1 ess .-::' ,(I ~-,.< // I I ,. ''''/1\ '" /' ~,' --. ,1' )~ 1/'::..; (úâ\ '---'-~ ." \, t --.. GA YLE)A. KOCH . -" STATE OF FLORIDA COUNTY OF ST. LUCIE , The foregoing instrument was acknowledged before me this ¿J, q day of Hay. ED\/YARD L. KOCH and GAYLE A KOCH. who produced F/^íícia ])rllkr~ identification) and who did take an oath. L "c..el1:i<~5 ,2007, by (type of WITNESS my hand and official seal, this Notary Public Stamp COURTNEY R. KINZER Notary Public, State of Florida My Comm. Expires April 1 ,2012 No. DD757481 '1- m . ~<{ w .. C{)~ ~EJ ~§ ~d . 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Co]~ ·1' 1; Æ ..'. ...... , ).\..} ~', ) ::l-::o . ~ i~ J ~ 'J'i ~ ~ , c ~ ..".,' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 [Xl County Attorney:'\\:¡¡ fr' 0 í 11 [ ] Road Ei Bridge.: [ ]Finance:(check for copy only, if applicable} ITEM NO. 6B4 DATE: July 1, 2008 REGULAR [ 1 PUBLIC HEARING [] CONSENT [xl PRESENTED BY: Mark Godwin Criminal Justice Coordinator Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY2008/09 from the Florida Department of Law Enforcement. Please see attached Memorandum CA No. 08-0989. N/A In FY06/07 the award was in the amount of $110,156.00 with no matching funds. Staff recommends the Board authorize the Chairman to sign the Certificate of Participation for the Florida Department of Law Enforcement Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.P.D., and S.L.C.S.O.). Review and Approvals [x ]Management Ei BUdget:~ vY1~ ~ [ } Parks Ei Recreation Director as . Anderson nty Administrator [ ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 " INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A.NO.: 08-0989 DATE: July 1, 2008 SUBJECT: 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) AAAAAA******************~~~AAAA****************************************** BACKGROUND: The Florida Department of Law Enforcement anticipates an award form the U.S. Department of Justice for Federal Fiscal Year 2008 in the amount of $65,075.00. These funds have been used in the past year by the Fort Pierce Police Department, the Port St. Lucie Police Department and the St. Lucie County Sheriff's Office. Regrettably, the funding from last year to this year has been dramatically reduced from $110,156.00 to $65,075.00. The programs that the Byrne Grant supported included a Crime Analyst for tracking Sexual Offenders, Pharmaceutical Diversion Program, and a Gang Abatement Program. There is no match required. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency. Respectfully submitted, \JVL(lJQw Mark J. Godwin Criminal Justice Coordinator .. FCLE Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee. Florida 32302-1489 (850) 617 -1250 www.fdle.state.fLus Charlie Crist, Governor Bill McCollum, Attorney General Aiex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture Gerald M. Bailey Commissioner JUN 1 6 2008 ~tl·, mOvV\L..& ~" Ü01..tR), A -Pð-Y\-U (y\ é- June 12, 2008 The Honorable Joseph E. Smith Chairman, St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Federal Fiscal Year (FFY) 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide Dear Chairman Smith: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for FFY 2008 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. FDLE has set aside $65,075 funds for use by all units of government within St. Lucie County. The enclosed Program Announcement provides an overview of these funds and can be used by local units of government to support a broad range of activities to prèvent and control crime and to improve the criminal justice system. Since Congress did not appropriate the same level of funding as in previous years, this amount may represent a significant decrease in funding. As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. Service . Integrity . Respect . Quality ~ The Honorable Joseph E. Smith June 12,2008 Page Two In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's on-line grant management system. Please complete the enclosed Certificate of Participation and return it within 30 days from the date of this correspondence to: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator We look forward to working with you. If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617-1250. Sincerely, (l Þll.u.l ~. ~ èfáytõ-ri H. Wilder Administrator CHW/JP/th Enclosures cc: Mayors in St. Lucie County Law Enforcement Agencies in St. Lucie County Project Directors in St. Lucie County ... CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts _ Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: E-mail address: Agency: Address: Telephone: Date: County: Sincerely, Chair, Board of County Commissioners ... PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program The State of Florida, Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice for $3,912,204 in Justice Assistance Grant (JAG) funds. This announcement is to notify eligible applicants of program requirements. Eliqible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general- purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Proç¡ram Strateç¡v and Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: 1) Law enforcement programs 2) Prosecution and court programs 3) Prevention and education programs 4) Corrections and community corrections programs 5) Drug treatment programs 6) Planning, evaluation, and technology improvement programs 7) Crime Victim and Witness Programs Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Proç¡ram Development Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Chapter 11 D-9.005, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to coordinate requests for all local governments within the county The Chairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's Page 1 -¡ willingness to serve as the coordinating unit of government for at least 51 percent of the units of government which also represents at least 51 percent of the population located in said county. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. . Match Requirements There is no match requirement under the guidelines of the JAG program. Application Requirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on-line using FDLE's grant management system. In addition to the on- line submission, applicants must print out the completed application and submit two (2) hard copies (both with original signatures) no later than 5:00 P.M.. Friday. July 25. 2008. A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the following: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county. Questions regarding this Program Announcement should be directed to. Clayton H. Wilder, Florida Department of Law Enforcement, at (850) 617-1250. Page 2 ,.-,/ AGENDA REQUEST ITEM NO. 6.B.5 i Date: July 1, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County Health Department - Termination of Lease with Kenneth Jackson and Approval of Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. BACKGROUND: See c.A. No. 08-1005 FUNDS AVAIL 001-6210-581020-600 RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the termination of the lease agreement with Kenneth Jackson, approve the proposed sublease agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc., and authorize the Chairman to sign the sublease agreement. [>; APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Dou s . Anderson County Administrator County Attorney: 'k'j ··t.·, C) :TV" Originating Dept.: /' Mgt. & Budget: Purchasing: Other: Other: Finance (Check for Copy only, if applicable): ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-1005 DATE: June 25, 2008 SUBJECT: St. Lucie County Health Department - Termination of Lease with Kenneth Jackson and Approval of Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. BACKGROUND: The County currently leases office space from Kenneth Jackson at 2405 Okeechobee Road for the Health Department's HIV Primary Care Clinic. The location was chosen by the Health Department due to the adjacent offices of The AIDS Research and Treatment Center of the Treasure Coast, Inc. which provides related treatment to Clinic patients. The Health Department has determined the convenience of having the adjacent offices has made it easier for patients to follow their prescribed treatments. The Center is in the process of relocating to 706 N. 7th Street and is willing to sublease space in their new offices for the Clinic. Attached to this memorandum is a copy of a proposed sublease agreement between the County and the Center for the Clinic's office space. The initial lease term will be three years and may be extended upon mutual agreement of the parties. The total monthly rental rate, including common area maintenance charges, will be one thousand one hundred forty-eight and 81/1 00 dollars ($1,148.18) plus utilities. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners authorize the termination of the lease agreement with Kenneth Jackson, approve the proposed sublease agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc., and authorize the Chairman to sign the sublease agreement. Respectfully submitted, ').\~=---,)o Heather Young Assistant County Attorney Attachment HYI Copies to: County Administrator Central Services Director Finance Director Management and Budget Director Deputy Clerk SUB-LEASE AGREEMENT THIS IS A SUB-LEASE AGREEMENT, by and between The AIDS Research and Treatment Center of the Treasure Coast, Inc., hereinafter referred to as "Sub-lessor," and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Sub-lessee." In cortsideration of the mutual promises and covenants contained in this Sub-lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Sub-lessor and Sub-lessee as follows: SECTION ONE PREMISES Sub-lessor hereby Sub-leases to Sub-lessee, and Sub-lessee hereby Sub-leases from Sub- lessor, for the purpose of conducting herein described lawful business and for no other purpose, those certain Premises and appurtenances located at 706 N. ih Street. Fort Pierce. Florida. As used herein, the term "Premises" refers to the interior of 706 N. th Street, Fort Pierce, Florida, comprising approximately 1,675 square feet of a building located at 706 N. th Street, Fort Pierce, Florida, as indicated in the drawing attached hereto as Exhibit "A." SECTION TWO TERM The term of this Sub-lease shall begin on , 2008, (hereinafter referred to as the "commencement date"), and shall terminate three (3) years from that date. Delivery of the possession of the premises to Sub-lessee shall be made on the date of this Sub-lease. The Sub-lessee may extend the term of this Sub-lease, provided Sub-lessee is not, and has not been, in default of any of the terms and conditions of this Sub-lease, and further provided Sub-lessee shall send notice of its intent to exercise this option a minimum of one hundred eighty (180) days 1 prior to the end of the initial Sub-lease term, via certified mail, return receipt requested. Either party shall have the right to terminate this Sub-lease without cause upon ninety (90) days prior written notice to the other party. This Sub-lease is subject to the availability of funds and may be cancelled under such circumstances upon thirty (30) days prior written notice to the Sub-lessor without penalty. SECTION THREE RENT A. Monthly Rent. Sub-lessee shall pay as total rent for the Sub-leased premises during the initial three (3) year term of the Sub-lease the total amount of Fortv-One Thousand Three Hundred Fifty-Seven Dollars and 25/100 ($41.357.25) to the Sub-lessor without deduction or offset and itemized as follows: Base Monthly Rent: 1,675 Square feet x $7.25 per square feet x 3 years = $36,431.25 Common Area Maintenance Charge: $136.00 per month x 36 months = $ 4896.00 Total Rent for initial 3 year term = $41,357.25 Monthly Rent shall be made at such place or places as may be designated from time to time by Sub-lessor payable in thirty-six (36) monthly installments of One Thousand One Hundred Forty- Eight Dollars and 81/100 ($ 1J48.81) per installment. The monthly rental payments shall be due on the 20th day of the following month for the previous monthly rental payment. Sub-lessee is exempt from the payment of all sales, use and like taxes. If the Sub-lease Term commences on a date other than the first day of a month, Sub- lessee is obligated to pay its first monthly rental payment on a pro-rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Sub-lease's commencement. 2 B. Security Deposit. Sub-lessee shall not be obligated to pay to Sub-lessor any amount which would constitute a Security Deposit for the Rental premises described herein. C. First Month's Rent. Sub-lessee shall not be obligated to pay to Sub-lessor any amount which would constitute First Month's Rent for the Rental premises described herein. D. Last Month's Rent. Sub-lessee shall not be obligated to pay to Sub-lessor any amount which would constitute a last month's rent payment for the Rental premises described herein. SECTION FOUR WARRANTIES OF TITLE AND QUIET POSSESSION Sub-lessee acknowledges that is has made, or had an opportunity to make, a thorough and complete inspection of the Sub-leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Sub-lessee fully accepts the Sub-leased premises in its present state of condition. Sub-lessor warrants that Sub-lessor has full authority to enter into this Sub-lease and that Sub-lessee shall have quiet and peaceable possession of the Premises during the term hereof. This Sub-lease is subject to: (1) All applicable zoning and occupational ordinances, regulations, licenses and permits. (2) All easements, restrictions, reservations, covenants and limitations of record. SECTION FIVE SUB-LESSEE'S USE AND OPERATION STANDARDS Sub-lessee agrees to use the Premises solely for the normal business conducted by the St. Lucie County Health Department. Under no circumstances shall the Sub-lessee engage in the sale or promotion of alcohol, illegal drugs or pornographic materials. Sub-lessee agrees to 3 conduct its business on the Premises pursuant to the following standards: (1 ) To operate its business pursuant to the highest reasonable standards of its business category. (2) Not to commit waste on the Premises and to keep the Premises in a safe, neat, clean and orderly condition. (3) Not to use the Premises or permit the sanle to be used in any manner: A. in violation of law; B. that would constitute a nuisance; C. for lodging purposes; D. that may injure the reputation of Sub-lessor's office complex; E. that would annoy, inconvenience or damage the patrons or Sub-lessees of the office complex; F. that would constitute an extra-hazardous use or violate any insurance policy of Sub-lessor or Sub-lessee. Sub-lessee shall not use, or permit the Premises, or any part thereof, to be used, for any purpose or purposes other than the purpose or purposes for which the Premises are hereby Sub- leased; and no use shall be made or permitted to be made of the Premises, or acts done, which will cause a cancellation of any insurance policy covering the building located on the Premises, or any part there of, nor shall Sub-lessee sell, or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the insurance policies. Sub-lessee shall, at its sole cost, comply with all requirements, pertaining to the Premises, of any insurance organization or company, necessary for the maintenance of insurance, as herein provided, covering any building and appurtenance at any time located on the Premises. SECTION SIX ABANDONMENT OF PREMISES Sub-lessee shall not vacate or abandon the Premises at any time during the term hereof; if Sub-lessee shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, 4 or otherwise, any personal property belonging to Sub-lessee and left on the Premises shall be deemed to be abandoned, at the option of the Sub-lessor, except such property as may be encumbered to Sub-lessor. Any such abandonment shall constitute a breach of this Sub-lease entitling Sub-lessor to all remedies hereunder. By signing this Sub-lease, Sub-lessee agrees that, upon surrender or abandonment, as defined by Florida Statutes, Sub-lessor shall not be liable or responsible for storage or disposition of Sub-lessee's personal property. SECTION SEVEN SUB-LESSOR'S RIGHT OF ENTRY Sub-lessee shall permit Sub-lessor and the agent and employees of Sub-lessor to enter into and upon the Premises all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this Sub-lease, without any rebate of rent and without any liability to Sub-lessee for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Sub-lessor shall use its best efforts to not disturb the rights or business operations of Sub-lessee or of any Sub-lessees or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within ninety (90) days prior to the expiration of this Sub-lease, Sub-lessor shall have the absolute right to enter the premises for the purpose of placing and maintaining "To Let" or "To Sub-lease" signs on the front window of the Premises and exhibiting the Premises to prospective Sub-lessees at reasonable hours and upon reasonable notice to Sub-lessee. SECTION EIGHT DEFAULT 5 A. Default in Rent. Sub-lessee agrees promptly to perform, comply with and abide with this Sub-lease, and agrees that time of payment and of performance are of the very nature and essence of it. It is agreed that it shall not be necessary for Sub-lessor to demand the rent or any other payment or payments of money required to be made under the terms of this Sub-lease, but Sub-lessee shall pay each installment of rent and other payments as the same shall become due to Sub-lessor, or to any bank, trust company, real estate company, or other place in St. Lucie County, Florida, as may be designated from time to time in writing by Sub-lessor. If any sums of money required to be paid by Sub-lessee to Sub-lessor shall remain unpaid for a period often (l0) days after its due date and after ten (l0) days written notice from Sub-lessor stating that such ten (l0) day grace period has expired, then Sub-lessor shall have the following options and privileges: 1. Sub-lessor may, after notice, terminate the Sub-lease, and may declare the remaining monthly rental payments in accordance with the initial term of this sub-lease as presently due and payable. In addition to the option granted above, Sub-lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. B. Default in Other Provisions. If either party shall default in the performance of any other term of this Sub-lease (except the payment of rent), then the other party shall send to the party in default a written notice of default, specifying the nature of the default, and the party in default shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Sub-lease shall continue as before. If the party in default shall fail to cure and 6 remedy such default within the applicable time, the other party shall have the right to declare, by written notice to the party in default, that the Sub-lease is in default, and to use all remedies available to it. If written notice of the default shall have been given, and if the party in default, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, the other party shall not have the right to declare that Sub-lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of the other party to declare the Sub-lease term ended and enforce all of its rights and remedies under this Sub-lease for any other default not so cured. SECTION NINE SUBLETTING AND ASSIGNING Sub-lessee shall not sublet, assign, or transfer this Sub-lease, or any interest herein, without the prior written consent of Sub-lessor, which consent may not be unreasonably withheld, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. Any such assignment shall be void, and shall constitute and be, at the option of Sub- lessor, a Sub-lessee default entitling Sub-lessor to terminate this Sub-lease. Neither this Sub- lease nor the Sub-leasehold estate of Sub-lessee nor any interest of Sub-lessee hereunder in the Premises or any building or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted involuntary assignment, transfer, or sale shall be void and of no effect and shall, at the option of Sub-lessor, terminate this Sub-lease. SECTION TEN 7 PROHIBITION ON RECORDING THIS SUB-LEASE This Sub-lease shall not be recorded in the public records of St. Lucie County, Florida, or any other jurisdiction. SECTION ELEVEN NOTICES All notices required by law and by this Sub-lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Sub-lessor: AIDS Research and Treatment Center of the Treasure Coast. Inc. 706 N. 7th Street . Fort Pierce, FL 34950 ATTN: Gerald Pierone, M.D., Executive Director Sub-lessee: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: S1. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other addressees) as Sub-lessor or Sub-lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. SECTION TWELVE SUB-LESSEE'S WORK AND FIXTURES All Sub-lessee's work (including alterations and other improvements) undertaken on the Premises by Sub-lessee shall consist of new material installed in a workmanlike manner and in compliance ~ith all applicable laws and regulations and shall be performed only by contractors or subcontractors who are properly licensed and who have complied with the Sub-lessee's insurance standards specified in Section 18. In the alternative, the work may be performed by 8 the Sub-lessee's Central Services Department. Said work shall be at Sub-lessee's sole risk and expense and Sub-lessee shall promptly pay all laborers, contractors and materialmen performing such work and furnishing material therefore for Sub-lessee. Sub-lessee has no right to authorize any work that could result in a lien against the Premises, and shall, at Sub-lessor's request, execute appropriate notice(s) to be recorded that put the public on notice of such fact. If any lien be filed by virtue of Sub-lessee's work, Sub-lessee shall cause the same to be discharged of record by payment, bond, order of court, or otherwise as required by law within ten (10) days after Notice by Sub-lessor. Sub-lessor may, at Sub-lessor's option, cause such discharge and Sub-lessee shall reimburse Sub-lessor all its costs and expenses expended thereof upon billing of same. All such work including, without limitation, floor covering, lighting, ventilating, heating and air conditioning equipment, and all wall and window coverings shall, upon termination of this Sub-lease, attach to the freehold and become and remain Sub-lessor's property. Sub-lessee agrees not to undertake any alteration without Sub-lessor's prior consent, which may be reasonably withheld, and/or conditioned on Sub-lessee procuring at Sub-lessee's sole cost, a Performance Bond or other appropriate security. SECTION THIRTEEN REPAIR AND DESTRUCTION OF IMPROVEMENTS A. Maintenance of Improvements. Sub-lessee shall, throughout the term of this Sub- lease, at its own cost, and without any expense to Sub-lessor, keep and maintain the inside of the Premises. Sub-lessee shall keep the fixtures in the improvements or inside the Premises in good order and repair and at its sole expense, and shall make all required routine repairs and/or all replacements to any and all plumbing fixtures. Sub-lessor shall be responsible for the air conditioning equipment and exterior of the Premises including but not limited to any necessary 9 repairs to the roof and parking lot, provided Sub-lessee shall be obligated to properly maintain, and not abuse and/or neglect, the heating and air conditioning equipment (including maintaining a filter of satisfactory quality on the heating and air conditioning equipment). Sub-lessee shall also comply with all federal, state, county, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the Premises, the improvements thereon or any activity or condition on or in such Premises. B. Damage and Destruction of Premises. All injury or damage to the Premises caused by the Sub-lessee or its agents, employees or invitees, shall be repaired by Sub-lessee at Sub- lessee's sole expense. All injury or damage to the Premises caused by Sub-lessor, or his agents or employees, shall be the responsibility of Sub-lessor and shall be repaired with due diligence and as soon as practicable, at Sub-lessor's sole expense. All injury or damage to the Premises or common areas or to persons in the common areas not caused by the negligence of Sub-lessee or its agents, employees or invitees shall not be the responsibility of Sub-lessee provided, however, any repairs will be the responsibility of Sub-lessor. In the event the Premises should be destroyed or damaged by tire, windstorm or other casualty to the extent the Premises are rendered wholly untenable so that the Sub-lessee is unable to conduct normal daily business operations on the Premises, either party may cancel this Sub-lease by giving written notice to the other party. If neither party shall exercise the foregoing right of cancellation within sixty (60) days after the date of such destruction or damage, Sub-lessor shall cause the Premises to be repaired and placed in good condition at Sub-lessor's expense as soon as practical thereafter. In the event of cancellation, Sub-lessee shall be liable for rents only until the date of such fire, windstorm or other casualty. In the event of partial destruction, the rent shall be proportionately 10 abated in accordance with the extent to which Sub-lessee shall be deprived of use and occupancy. c. Exterminating. Sub-lessee shall be responsible for keeping the interior clean and free of all rodents. Sub-lessee shall be responsible for the cost of exterminating any rodents in the Premises. SECTION FOURTEEN UTILITIES Sub-lessee shall promptly pay for all shared utilities such as water, garbage collection, sewer, electricity service and any other public utilities shared jointly with the Sub-lessor The Sub-lessee's cost for these services shall be 34% of the total monthly charges to the Sub-lessor for these services, which shall constitute the sub-lessee's percentage of square footage allocation of the whole premise as outlined within this sub-lease agreement. The sub-lessor shall Invoice the sub-lessee each month for such utility costs and attach to each invoice the bill for each shared utility service being charged and the total allocation representing the sub-lessee's square footage allocation of 34%. Said Invoice shall be submitted to the sub-lessee separately from the Monthly rental and CAM invoice. SECTION FIFTEEN INDEPENDENT CONTRACTOR STATUS The Sub-lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Sub-lessor shall in no way be responsible for such acts or omissions. SECTION SIXTEEN ATTORNEYS' FEES 11 If any action at law or in equity shall be brought to recover any rent under this Sub-lease, or for or on account of any breach of, or to enforce or interpret any of its covenants, terms, or conditions of this Sub-lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. SECTION SEVENTEEN COMPLIANCE WITH ENVIRONMENTAL REGULATIONS Sub-lessee shall comply with all environmental laws relating to the premises; including but not limited to, Sub-lease, transportation, handling, disposal and other activities related to any hazardous or toxic materials, wastes, substances, or related materials as defined under any environmental laws (herein called "hazardous materials"). As used in this Sub-lease, the term "hazardous materials" means any hazardous or toxic substances, medical waste, materials or wastes, including, but not limited to solid, semi-solid, liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant or animal health or well-being and those substances, materials and wastes listed in the United States Department of Transportation Table (49 CFR 972.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto or such substances, materials and wastes which are or become regulated under any applicable local, state or federal law including, without limitation, any material, waste or substance which is (i)petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as "hazardous substance': pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 V.S.C. Section 1321) or listed pursuantto Section 307 of the Clean Water Act (33 Ù.S.C. Section 1317), (v) defined as a "hazardous waste" pursuant to Section 1004 of the 12 Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or (vi) defined as a "hazardous substance" pursuant to Section 10J of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.c. Section 9601. Sub-lessee shall promptly notify Sub-lessor of any discharge or of a hazardous material, and shall promptly communicate efIorts to contain the discharge and/or re-Sub-Iease, and properly dispose of any contaminated soil and otherwise cure all damage caused by said discharge or re-Sub-lease. Sub-lessee shall obtain any and all required environmental permits and/or license necessary for the following activities and/or conditions on the Premises. : A. The installation, removal, maintenance, operation, transportation, handling, disposal, and other activities related to hazardous materials, and/or the presence, disposal, re-Sub-Iease or threatened re-Sub-Iease of any hazardous materials by reason of Sub-lessee's activities on the Premises, including, without limitation, all activities related to hazardous materials (collectively the "Activities and Conditions"). This provision shall survive the termination of this Sub-lease for any reason. SECTION EIGHTEEN INSURANCE Sub-lessee warrants and represents that it is self insured against liability for personal injury, wrongful death, and other related torts, and is self insured against casualty losses to improvements. Such liability insurance coverage shall be in amounts not less than one hundred thousand and 00/1 00 dollars ($100,000.00) per person and two hundred thousand and 00/1 00 dollars ($200,000.00) per incident or occurrence for personal injury, death, and property damage 13 on the Premises. Upon request, Sub-lessee shall submit written evidence of such self-insurance prior to the effective date of this Sub-lease and shall submit annually thereafter, written evidence of maintaining such insurance to Sub-lessor. Sub-lessor shall keep the Premises insured with a policy of fire and extended coverage including vandalism and malicious mischief, for its full insurable value. Sub-lessor shall pay all premiums necessary for this insurance as due. Sub-lessor shall not carry insurance on furniture, fixtures and equipment belonging to Sub-lessee or the Health Department. SECTION NINETEEN CONDEMNATION If any part of the Premises shall be taken or condemned for a public or quasi-public use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemner, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Sub-lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Sub-lease, Sub-lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemner. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the Premises vests in the condemner. If a part or all of the Premises be so taken or condemned, Sub-lessee shall be entitled to that portion of any award for Sub-lessee's loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value of its Sub-leasehold interest in the land so taken. In the event of such taking, Sub-lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and 14 any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Sub-lessee, as aforesaid, shall be and become the property and belong to Sub-lessor. SECTION TWENTY SURRENDER OF SUB-LEASE The voluntary or other surrender of this Sub-lease by Sub-lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Sub-lessor, terminate all or any existing Sub-leases or sub tenancies, or may, at the option of Sub-lessor, operate as an assignment to it of any or all such Sub-leases or sub tenancies. SECTION TWENTY -ONE WAIVER The waiver by Sub-lessor of, or the failure of Sub-lessor to take action with respect to any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent hereunder by Sub- lessor shall not be deemed to be a waiver of any preceding breach by Sub-lessee of any term, covenant, or condition of this Sub-lease, other than the failure of Sub-lessee to pay the particular rent so accepted, regardless of Sub-lessor's knowledge of such preceding breach at the time of acceptance of such rent. SECTION TWENTY-TWO EFFECT OF SUB-LESSEE'S HOLDING OVER Any holding over after the expiration of the term of this Sub-lease, with consent of Sub- lessor, shall be construed to be a tenancy from month to month, at the same monthly rental as 15 required to be paid by Sub-lessee for the period immediately prior to the expiration of the term hereof: and shall otherwise be on the terms and conditions herein specified, so far as applicable. SECTION TWENTY-THREE PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. SECTION TWENTY-FOUR SUBORDINATION OF SUB-LEASE This Sub-lease and all rights of Sub-lessee hereunder are and shall be subject and subordinate to the lien of any mortgage which may now or hereafter affect the Prel1Ùses, and to all renewals, advancements, modifications, amendments, consolidations, replacements and extensions thereof. This subordination shall be self-operative and no further instrument shall be required. Sub-lessee shall, nevertheless, execute and deliver, from time to time, such instruments and certificates affirming and confirming such subordination as Sub-lessor may reasonably request. SECTION TWENTY-FIVE TIME OF THE ESSENCE Time is of the essence of this Sub-lease, and of each and every covenant, term, condition, and provision hereof. SECTION TWENTY -SIX CAPTIONS The captions appearing under the section number designations of this Sub-lease are for 16 convenience only and are not a part of this Sub-lease and do not in any way limit or amplify the terms and provisions of this Sub-lease. SECTION TWENTY-SEVEN BROKERAGE Each party warrants that there was no broker instrumental in consummating this Sub- lease agreement and that no conversations or prior negotiations were had with any broker or real estate agent concerning the purchase or sale of the subject property. SECTION TWENTY -EIGHT BINDING EFFECT Subject to any provisions hereof, this Sub-lease shall bind the parties, their personal representatives, successors and assigns. This Sub-lease shall be governed by the laws of the State of Florida and interpreted and/or enforced by the appropriate state court of the State of Florida in St. Lucie County, Florida. SECTION TWENTY-NINE SUB-LESSOR'S REPRESENTATIVES AND WARRANTIES Neither Sub-lessor nor any of its agents or representatives has made any representations or warranties to the Sub-lessee concerning the suitability or fitness of the Premises for any purpose. Sub-lessee has had sufficient time to perform, or have performed, all inspections, tests, and other due diligence to ascertain the fitness and suitability of the Premises for Sub-lessee's purposes, and is accepting the Premises in their current "as is, where is" condition. SECTION THIRTY WAIVER OF TRIAL BY JURY Sub-lessor and Sub-lessee hereby knowingly, voluntarily, intentionally, and irrevocably waive the right either of them may have to a trial by jury in respect to any litigation, whether in 17 contract or tort, at law or in equity, based hereon, or arising out of, under or in connection with this Sub-lease and any other document or instrument contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. This provision is a material inducement for Sub-lessor entering into this Sub-lease. Further, Sub-lessee hereby certifies that no representative or agent of Sub-lessor, nor the Sub-lessor's counsel, has represented, expressly or otherwise, that Sub-lessor would not, in the event of such litigation; seek to enforce this waiver of right to jury trial provision. No representative or agent of the Sub-lessor, nor Sub-lessor's counsel has the authority to waive, condition, or modify this provision. SECTION THIRTY-ONE VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for S1. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. SECTION THIRTY-TWO QUIET ENJOYMENT Sub-lessor covenants, warrants and agrees that Sub-lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the Sub-lease term without interference, hindrance or molestation. Wherever this Sub-lease requires Sub-lessor's consent or approval such consent or approval will not be unreasonably withheld. SECTION THIRTY-THREE DATE OF THIS AGREEMENT Any reference in this Sub-lease to the words "date ofthis agreement" or "date of this Sub- 18 lease" shall be deemed to be the date this Sub-lease is executed by the party last executing same. SECTION THIRTY-FOUR ENTIRE AGREEMENT This Sub-lease constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Sub-lease may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Sub-lease shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Sub-lease and this Sub-lease, shall be interpreted in favor of this Sub-lease. All interpretations shall be governed by the laws of the State of Florida. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for S1. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. SECTION THIRTY -FIVE VEHICLE PARKING The sub-lessee will be designated (4) four employee parking spaces situated at the East Parking lot of the building premises located on N. 6th Street, Fort Pierce, Florida, where the main entrance to the sub-lessee's designated rental portion of space identified within this sub-lease 19 will be located. Additional "Street" parking is also available on the West side of N. ih Street, Fort Pierce, Florida. IN WITNESS WHEREOF, Sub-lessor has executed this Sub-lease Agreement on this day of , 2008. WITNESSES BY: Gerald Pierone, M.D. STATE OF FLORIDA COUNTY OF ) ) BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of ,2008. Notary Public State of Florida My Commission Expires: (Notary Seal) 20 Personally Known _ Produced Identification Type of Identification Produced: IN WITNESS WHEREOF, Sub-lessee has executed this Sub-lease Agreement on this ~ day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) ) 55 COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared Joseph E. Smith, chairman of the S1. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of ,2008. Notary Public State of Florida 21 My Commission Expires: Personally Known _ Produced Identification Type of Identification Produced: STATE OF FLORIDA DEPARTMENT OF HEALTH By: Name: Title: Date: g: lattylagreern n tIS u b-I ease I.h ealth.. dept. 08. wpd 22 (Notary Seal) - ,\'\ ^ 1::: 'llY\ I r,l r f"'f" MAIN OFFICE ALLENFALK,ATTORNEY 507 N DIXIE HIGHWAY LAKE WORTH. FLORIDA 33460 TEL 5614939200 FA-X: 5614939922 Ref: 706 North 7lh Street, Fort Pierce, Florida 34952 Lease To Whom It May Concern: 1111 Delaware Ave Fort Pierce, Florida 34950 May 6, 2008 Pursuant to lease agreement entered into between Allen Falk and AIDS Research and Treatment Center of the Treasure Coast Ine the tenant is hereby permitted to sublease to the health department. 8;.o.".ly, b Allen FaU¿ Attorney AF/pn / \ . 4 ~ 'J <:" .); '" J:: '\~ a -t- ..... ~ v -~ -t , 'i; ;iÞ -+ ,--~" ~ ~ - ~ --·i ___~.o '--c--T --~'---'--r----' , ; , , , --, ~-O-:!,,·,"Jr r I J L_< , t ' ,_.j\- c. _._-L~ .:! ",' J. fo ·..l L__ " I . f" (-j -r I~'··· -;f·t~ ,. - ,'-'.' L ..; r ~J l~ i Ð I ~ i 'ii' () I '13.'.' ~ 1."- u~···· ~ -----1 r'--"--- I J . L! I -- II, ¡~ ' _.v~ t::-~ i 1 ..J. I .:;! leg ..1.:.... I\"'~'j i [tZ G'x V\; b; ð-. g q~""--.."",,-,,,,~ ït;/ .1.) -¡t·t." ../- . C V' I ~ r-\/-..z~z)- r!" r 1', r o {'''r' 'f-'I<-l(>(.ì!" \r ~~~ ( ,:;tA /\ .~ \ t:. \6 I t.V" f;;;v ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney : kit> C.A. NO: 08-1052 DATE: July 1,2008 SUBJECT: St. Lucie County Health Department HIV Primary Care Clinic - Supplemental Information Attached please find supplemental information regarding Consent Agenda No. 6.B.5 for the July I, 2008 meeting. The St. Lucie County Health Department submitted this information today as additional support for its request to terminate the lease with Kenneth Jackson and approve the proposed Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. for the HIV Primary Care Clinic. Attachment HY/ Copies to: County Administrator Central Services Director Finance Director Management and Budget Director Deputy Clerk ;; St. Lucie County Health Department Proposal for Relocation of Office Operations Project Title: FY 200812009 Ryan White Part C Early Intervention Services Grantee Name: St. Lucie County Health Department Address: 5150 NW Milner Drive, Port St. Lucie, Florida 34983 Contact: Robert A. Jewett, Authorized Representative Contact Phone Numbers: Voice: 772-462-3850, Fax: 772-462-5641 E-mail Address:rober(jewett@doh.state.fl.us Summary of Request: The St. Lucie County Health Department respectfully requests approval from the St. Lucie County Board of County Commissioners of the proposed sub-lease agreement placed on the agenda for the meeting of July 1, 2008. Concurrently, the Health Department seeks approval from the Board to provide notice to terminate the current lease agreement with Jackson Properties, Inc. which calls for a 180 day notice to be issued to Kenneth Jackson, owner of the property now rented by the county and located at 2405 Okeechobee Rd., Fort Pierce Florida Through a discretionary grant from the U.S. Health Resources Service Administration (HRSA) the St. Lucie County Health Department has provided Early Intervention and Primary Medical Care services to Persons Living with HIV/AIDS in St. Lucie County since 2003. During the initial planning stages of the program, the St. Lucie County Health Department established a sub- contractual Relationship with the AIDS Research and Treatment Center of the Treasure Coast, Inc., to provide the primary Medical Care piece of this program entitled "Research and Treatment Alliance". This partnership model provides HIV Counseling and Testing Services, Primary Medical Care, Treatment Adherence Counseling, Health Education/Risk Reduction Services, Clinical Laboratory Services, Nutritional Counseling Services as well as integrated and coordinated case management services for all clients enrolled in our program. Since inception, the project has strived for a "one-stop-shop" philosophy whereby, clients enrolled into thc program could have all of these essential needs addressed without the need for them to return another day or travel to other locations for thesc essential services thereby upgrading the adherence levels to medical treatment and care for each client and ultimately prolonging lives. To that end, the St. Lucie County Health Department and the AIDS Research and Treatment Center of the Treasure Coast, Inc. situated their office locations for project services next to each other with the Health Department renting the location at 2405 Okeechobee Rd., Fort Pierce Florida, and the AIDS Research and Treatment Center of the Treasure Coast, Inc. renting 2407 Okeechobee Rd., Fort Pierce Florida, both owned by Ken Jackson of Jackson Properties. At its current location, the health department provides clinical Laboratory services, Nutritional Counseling, Mental Health Counseling, Substance Abuse Counseling and Adherence Case Management while the AIDS Research and Treatment Center of the Treasure Coast, Inc., provides for Patient Medical Care. Despite our efforts to maintain the "one-stop-shop" philosophy, Oral Health Services for patients have historically been referred out to the St. Lucie County Health due to lack of space at our current location at Okeechobee Road. This combined with the increase in client enrollment since the program began has placed a strain on program operations. In Early June of2008 the AIDS Research and Treatment Center ofthe Treasure Coast, Inc., in order to increase its space needs, offer expanded services and be closer in distance 1 ~ St. Lucie County Health Department to the clients it serves, relocated to a more modern and larger office building located at 706 N. ih Street, Fort Pierce Florida. To maintain the "one-stop-shop" philosophy of this project, it is necessary for the St. Lucie County Health Department to relocate and expand its current services as wel1, by sub-leasing 1675 Square foot of space within the same building as the AIDS Research and Treatment Center ofthe Treasure Coast, Inc. at 706 N. 7th Street, Fort pierce, Florida. With this new location the Health Department will increase its square footage by 926 Square feet, allowing us to expand and modernize our laboratory services, expand our client reception area, house a program coordinator on-site to oversee program operations, and provide Oral Health Services directly on-site to ful1y adhere to our one-stop-shopping philosophy plan. The AIDS Research and Treatment Center of the Treasure Coast, Inc. has already relocated to this new íàcility. In order to insure the continuation of the high quality of care that our program provides, it is essential that relocation of our office and program operations relocate as soon as possible. Currently, our target date is planned for the 3rd week in August, 2008, as necessary building renovations need to be completed including the transferring of communication centers and equipment. We are therefore respectful1y requesting that the St. Lucie County Board of County Commissioners approve the sub-lease for the premises located 706 N. ih Street, Fort Pierce Florida, and concurrently approve the notice to terminate our current lease for the premises located at 2405 Okeechobee Road, Fort Pierce Florida as of Today, July 1,2008. 2 - ~ ~ REVISED ITEM NO. C1 DATE: 07/01/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Award of Invitation to Bid (ITB) #08-032; Runway 9L-27R and parallel taxiway system, Phase 2, to the lowest responsive, responsible bidder, Dickerson Florida, Inc., for the amount of $3,689,879.78. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: See attached memorandum. PREVIOUS ACTION: Board approval to advertise, 3/11/08, agenda item C9-Ä. RECOMMENDATION: Staff recommends the Board approve the award of Invitation to Bid (ITB) #08-032; Runway 9L-27R and parallel taxiway system, Phase 2, to the lowest responsive, responsible bidder, Dickerson Florida, Inc., for the amount of $3,689,879.78, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (~ ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) {J. ,/Y .-' r~ Airport (XF>'d: coordination/Sicnature~ Mgmt & Budget (X) ~ Purchasing (X) p~ Other Finance (J for copy only if applicable) _ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director /iL DATE: June 5, 2008 RE: Award of Invitation to Bid (ITB) #08-032; Runway 9L-27R and parallel taxiway system, Phase 2, to the lowest responsive, responsible bidder, Dickerson Florida, Inc., for the amount of $3,689,879.78. BackQround: The Construction of Runway 9L-27R and the Parallel Taxiway System has been divided into two phases. Phase I, (Bid Package #1: Earthwork) is currently under construction and involves clearing and mass grading of the site and installation of the storm water drainage system. The anticipated completion date is November, 2008. Phase II of construction (Bid Package #2: Earthwork, Paving, Lighting, and Marking) involves construction of an access road to the new runway and taxiway system; installation of base course and asphalt pavement for the runway and taxiway system; associated pavement markings; airfield lighting and signage; and installation of security fencing. This ITB was issued March 30, 2008, and the bids were opened May 16, 2008. Six hundred seventy-three (673) companies were notified, thirty-three (33) sets of bid documents were issued, and eight (8) bids were received. (See attached bid tabulation). Florida Department of Transportation (FOOT) funding will total 2.5% of the project cost. FAA funding shall comprise 95% of the project total. The Board approved the FAA grant offer for $5,200,000 on June 17, 2008. 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C2 DATE: 07/01/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasinq Director SUBJECT: Board approval to award Invitation to Bid (ITB) # 08-040, purchase of a portable stage to the lowest responsive, responsible bidder, LR2, LLC, for the purchase price of $29,824.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001-7510-564000-700; Special Needs Equipment. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #08-040, purchase of a portable stage to the lowest responsive, responsible bidder, LR2, LLC, for the purchase price of $29,824.00. COMMISSION ACTION: ('X) ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) LCh: jl}- Parks & (X) Recreation CoordinationlSiqnatures All! J1 Mgmt & Budget (X)~~ M~ Purchasing (X) ~ Other Finance (J for copy only if applicable) ,",1ll.j"1r~,¡¡¡f~'iI?'~1~¡1~"" íj)¡~~¡j_~1~Âi~ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Direct0sß~" DATE: June 6,2008 RE: Board approval to award Invitation to Bid (lTB) # 08-040, purchase of a portable stage to the lowest responsive, responsible bidder, LR2, LLC, for the purchase price of $29,824.00. BackQround: This portable stage is being purchased for use at the new Havert L. Fenn Center. The ITB was issued April 20, 2008, and opened May 21,2008. Ninety four (94) firms were notified, ten (10) bid packages were issued, and one (1) response was received. (See bid tabulation, one (1) page, and price proposal attachment supplied by the vendor, five (5) pages). Recommendation: Staff recommends Board approval to award Invitation to Bid #08-040, purchase of a portable stage to the lowest responsive, responsible bidder. LR2, LLC, for the purchase price of $29,824.00. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR ~ Bid #08-040 - PURCHASE OF ONE PORTABLE STAGE FOR SNS TABULATION SHEET OPENED: MAY 21,2008 AT 2:00 P.M. ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. ONE (1) submittal was received: I FAX: 407-i~0445 Item Description Unit Price 1. 4' x 8' Section (per specifications) $ 688.00 2. 16" legs, per set: (per specifications) $ 75.60 3. 24" legs, per set: (per specifications) $ 90.00 4. 32" legs, per set (per specifications) $ 106.00 5. Ganging devices (if priced separately): $ N/C $ 558.00 6. ADA Ramp, per section (per specifications): (8' PER OF RAMP)(40"W) $402.00 RAMP ENTRY (1) 7. 8' $92.00 Guardrail/Handrails with chair stop: (per spec's): 4' $ 47.00 8. Storage carts for stage pieces, legs and handrails, per $ 348.00 cart: (LEGS & DECK ONLY) (ADD FRIGHT & TAXES) Delivery Time (In calendar days from receipt of order) 45 - 60 COMPLETE FACTORY INFORMATION SHEETS (SPECIFICATION, BROCHURES, ETC.) ATTACHED? YES Number of companies notified*: 94 Number of bid documents distributed*:..........1Q Number of bids received: 1 *per demandstar.com BOARD OF COUNTY COMMISSIONERS PARKS AND RECREATION Debra Brisson, Director MEMORANDUM DATE: June 3, 2008 TO: Neil Appel, Purchasing Director g)/ FROM: Debra Brisson, Parks and Recreation Director RE: RFP No. 08-040/Purchase of Portable Stage By this memorandum, the Parks and Recreation Department is accepting the proposal for purchase of a portable stage from LR2, LLC. All items meet the specifications ofthe proposal and after discussing quantities with the company; the final product is within the budgeted funds. (See attached). Funds for this purchase are currently in 001-7510-564000-700 (Special Needs, Equipment). In a separate action we will be transferring this to the Special Needs Machinery and Equipment account and requesting an Equipment Request number so that the stage will be classified as capital equipment. Attached is the quote for the various pieces proposed. Please process the Board approval of the RFP. If you need any additional information, please give me a call. A-tlárJ /J1 öti( I JOSEPH E. S~1ITH, District No.1. DOUG COWARD. District No.2. PAULA A. LEWIS. District No.3. CHARLES GRANDE, Oistric! No.4. CHRIS CRAFT, Distl'Ìct No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 - Phone (772) 462-1450 - TOO (772) 462-1428 FAX (772) 462-1648 - email: douga@co.st-Iucie.fl.us website: www.co.sI-lucie.fl.us [(13113/2008) Patti.Raffensber~er :LR2, southern al.um., st lucie county .Fi!1¡:¡Lx.ls Page 1 LR2,lIc 909 WATERSIDE LANE SUITE#105 CELEBRATION, FL 34747 P: 407·952-0445 F: 407·566·BI23 PROPOSAL NAME !:ðmg.~EgN§!lE:flgE:!L....... §!,.L,l,l~IE.C::º!1.f\I!X.._......._ DATE .9L.§{º"f?._~__.~ ~"._._·.^,~_~.W.'N."."~,..,m.~"_^W'_·."-""·.·^,-'_·'m"'.,_.......,_._.,.._.,,, ~·""~w,,·,"w~,_^ CITY STATEFL ZIP PHONE Z2?:'.'1:.2.?:J.??f?_.__......._......................~._~.._. ~...._....._ FAX FOB g~L!)[!,=}~EL:!...... ... C"ITV DESC~F'"I10N UNIT PRICE TOTAL ~ANUFACTURER: SOUTHERN ALUMINUM ßTAGE DIMENSION: 24' x 40' 30 MODEL #S4896· 6 - ALUMINUM STAGE DECK $ 688.00 $ 20.640.00 NON-SKID SURFACE 30 MODEL #SQINSERT24·6, 6 LEGS @ 24"H $ 90.00 $ 2.700.00 30- Y10DEL #SQINSERT32-6. 6 LEGS@32"H $ 1 06.00 $ 3,1 SO.OO 20 Y10DEL #SCS-4S. 4S" CHAIR STOP, MATIE BU'\CK $ 47.00 $ 940.00 Y100EL #SCARKIT - CONVERSION KIT . $ 348.00 3 $ 1.044.00 :;ONVERTS ONE DECK INTO FLAT LOADING CART I 0 DECK CAPACITY NCLUDES CASTERS AND BINDING STRAPS ¡t\PPROVED BY: DATE: PLEASE SIGN AND FAX TO US. A.DD TAXES IF APPLICABLE .. 28 504.00 FREIGHT ~ 1 320.00 I Lee-'R.~ I $ 29.824.00 LR2,LLC THANK YOU. .L BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #08-040 - PURCHASE OF ONE PORTABLE STAGE FOR SNS TABULATION SHEET OPENED: MAY 21,2008 AT 2:00 P.M. ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. ONE (1) submittal was received: I LR2 FAX: 407-952-0445 Item Description Unit Price 1. 4' x 8' Section (per specifications) $ 6BB.00 2. 16" legs, per set: (per specifications) $ 75.60 3. 24" legs, per set: (per specifications) $ 90.00 4. 32" legs, per set (per specifications) $ 106.00 5. Ganging devices (if priced separately): $ N/C $ 55B.00 6. ADA Ramp, per section (per specifications): (B' PER OF RAMP)(40"W) $402.00 RAMP ENTRY (Ü 7. B' $92.00 Guardrail/Handrails with chair stop: (per spec's): 4' $ 47.00 8. Storage carts for stage pieces. legs and handrails, per $ 34B.00 cart: (LEGS & DECK ONLY) (ADD FRIGHT & TAXES) Delivery Time (In calendar days from receipt of order) 45 - 60 COMPLETE FACTORY INFORMATION SHEETS (SPECIFICATION, BROCHURES, ETC.) ATTACHED? YES Number of companies notified*: 94 Number of bid documents distributed*"---.1Q Number of bids received: 1 *per demandstar.com ? C72:_ ( c;-( r r-J /_\ L LI<¿. ----- ---.---.-.......--- ÐØD FORM All bids must be submitted in a sealed envelope addressed to the st. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number. date and time of bid opening. BID t~Oß·040 PURCHASE Of A PORTABLE STAGE I, Lt.L K;~s:cvv,¿,-- REPRESENTING Ll?,,;2 I /Ie .___ Company and/or Corporation, agree to furnish the product(s) required in the specifications for the unit prices of: Make Proposed: ,5:, t't II) (fy.., 4- /c..;~ry J '~"l V' .'~;¡:.'1 Bid !tçLplece of equipment: 2. 16" legs, pel' $01: (par specifications) _ . "[l 1(\(' $ __f.::[~_:'__==__________ $ _'1!i"-~~____________ 1. 4' x 0' Section (per specifications) 3. 24" legs, per 50t (par specifications) $_~I.ç~:':~~___________ 4. 32" legs, per &sf (per specifications) $J_º~:..:~~___________ 5. Ganging dèvlces (if priced separately): $--~¡~----___:-_____ ,IL/i:J¿'~ ,-."",,1' '-""1<'~1 é 6. ADA RllImp, per soctlon (per specifications): $J;;?.Lt:ê:..:~__iJi.~~~Ç;~¿".·.\ ,.) (/10 '~V ) 1. Guardrali/H¡¡¡ndralls WI~h chair stop: (per spec's): $_~iI',-~_~~j}_'~~_t-_~t/-It+"7 "::::: 3. Storage carts '¿,:stage pieces, logs and handrails, "p':r c,ar,t¡ /"". ..) $_Z:?::11:.'-~::.__Jl£!'l~A f-">€(, J::- (" .. .. . . ~q . A-Pt~ r'2-·E:i"l~tr :(> -·;'i\..I(e.s.,) Delivery Time (In calendar days from receipt of order) _::l5_::-_&_º__ COMPLETE FACTORY INfORMATION SHEETS (specifications, brochures, etc.) ATTACHED? 6) No Bid Obligation It is understood that this Bidder is bound by the bidding docum ants and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for. accept or reject any Bid No. 08-040 Purchase PortablE! Stage 14 'i bid in whole or in part with or without cause, and accept the bid which best serves the County. L If) ,1 NAME OF BIDDER: -~oL I l_LC , ADDRESS: ()Oe¡ h{1!.cr-5"C/t !-LII){!, jf / eC;; /. l- ._''2/ 1.-J_Lj /1- c'l3¿E&IY/I7c.;--J-l' /¿ .), t 7 PH 0 N E: _flit? - CJ~) ,;1 - 0 1../ L/.S-' SIGNED BY: /~4·./fDì7TY) -:) TITLE: !-eE_šì>;/G__Jr FAx:~1£'7 - 5t:,¿· 1<'/,;)3 '¿£c-: ;2; 1;-::6-/1-74-- ,DATE: _5'/::/!'f5 Bid No. 08-040 Purohaso Porhtbfe Stage 15 s- ""'" ITEM NO. C3 DATE: 07/01/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Board approval to advertise a Request for Proposals (RFP) for a firm to design, build, own and operate a landfill leachate treatment system. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to advertise a Request for Proposals for a firm to design, build, own and operate a landfill leachate treatment system. COMMISSION ACTION: (~ ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X)~, t^ I)",¡r /:2) Solid Waste (X) c¿.../ Coordination/Sianatures Mgmt & Budget () Purchasing (X~ Other Finance (J for copy only ¡fapplicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, CP.M., Purchasing Directô¿:Jqp DATE: June 12, 2008 RE: Board approval to advertise a Request for Proposals (RFP) for a firm to design, build, own and operate a landfill leachate treatment system. Backaround: The St. Lucie County Baling and Recycling Facility generates approximately 30,000 gallons of leachate per day. This leachate is pumped by a force main sewer line to the Fort Pierce Utilities Authority (FPUA). The leachate is mixed with the nearly four million gallons of waste water FPUA receives daily. It is treated to the Florida Department of Environmental Protection specifications and it is injected down a deep well for disposal. Recently rules have become more stringent on waste water treatment plant operators that accept waste water from industrial generators. These changes have caused the Baling Facility leachate to be out of compliance with the new guidelines. We have attempted many techniques to bring the out of specification constituents into permit ranges but have been unsuccessful. We are currently under a consent order with FPUA to implement a plan which will bring our leachate into compliance with all permit conditions. This consent order also contains a time-line in which this will be accomplished. The consent order requires that a pretreatment system be installed to achieve this requirement. Recommendation: Staff recommends Board approval to advertise a Request for Proposals for a firm to design, build, own and operate a landfill leachate treatrnent system. ,.... ~ . . .... . '.. ,,' - ,p> ITEM NO. C4 DATE: 07/01/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasinq Director SUBJECT: Board approval to sell through either an auction or the Request for Proposals (RFP) process thirteen (13) parcels (totaling 7.03 acres located on U.S. 1 and Ridgehaven Road south of 25th street) owned by the St. Lucie County International Airport. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to sell through either an auction or the Request for Proposals (RFP) process thirteen (13) parcels (totaling 7.03 acres located on U.S. 1 and Ridgehaven Road south of 25th street) owned by the St. Lucie County International Airport, and authorization for the Chairman to sign the contract (if the auction process is approved) as prepared by the County Attorney. COMMISSION ACTION: (X)" ( ) APPROVED OTHER () DENIED Approved 5-0 ~s,}-County Attorney (X) Me Airport (X)~ Coo rdination/Sia natures Mgmt & Budget () Purchasing (X)~. Other Finance (J for copy only if applicable) ~- "~-"'~-"""''''II'':'-'''''~j¡;¡¡¡' ""'"""1:""""1'11III""". N.~ ~" . ,": .:';'." _","" ,.,. ,,,,,,-,{1_{¡ .-^~'" '~.e.' ,-'. ,-,....., "'. , ,- 'I"',," ~. ; . . .~.., .'..' "lIir!ilq .' '1,\ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director }J<J/ June 11, 2008 DATE: RE: Board approval to sell through an either an auction or the Request for Proposals (RFP) process thirteen (13) parcels (totaling 7,03 acres located on U,S, 1 and Ridgehaven Road south of 25th street) owned by the Sf, Lucie County International Airport, Backç¡round: These properties were initially purchased as noise mitigation with both Federal Aviation Administration and Florida Department of Transportation grants, On February 12, 2008, the Board gave direction to airport staff to sell these properties to raise the funds needed to acquire the 29 acre property south of the new runway. At that time an appraisal of the properties was ordered. (See attachment #1, Deighan Consultants appraisal summary, attachment #2, Fuller-Armfield-Wagner appraisal summary, and attachment #3, site map.). Recommendation: Staff recommends Board approval to sell through either an auction or the Request for Proposals (RFP~ process thirteen (13) parcels (totaling 7.03 acres located on U.S. 1 and Ridgehaven Road south of 25t street) owned by the Sf, Lucie County International Airport. and authorization for the Chairman to sign the contract (if the auction process is approved) as prepared by the County Attorney. DEIGHAN CONSULTANTS PHONE: (772) 221-3650 506 Colorado Avenue Stuart, FL 34994 deighan@bellsouth.net FAX: (772) 221-3649 LETTER OF TRANSMITTAL May 12,2008 Ms. Joann Riley, Property Acquisition Manager S1. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Summary Appraisal Report 13 County-Owned Parcels Fort Pierce, Florida 34946 Our File #DKD-2008-014 Dear Ms. Riley: As requested, to provide an opinion of the market value of the above-cited subject properties, we have inspected the properties, their economic environment and surrounding neighborhood, researched and inspected sales and offers of similar properties, and studied all other pertinent factors. The purpose of this assignment has been to develop an opinion of the value of the subject properties, as of April 30, 2008. The function of this report, or its intended use, is for your use in internal decision making. The opinions and conclusions have been developed solely with consideration, therefore, for that function and do not address requirements for any other use or by any other party. Please refer to the assumptions and limiting conditions in this regard. This is a summary appraisal report in accordance with all the exercises, procedures, and analyses necessary therefore and stipulated by USPAP Std. 1. The report is intended to conform to the appropriate and pertinent rules and regulations for appraisal as promulgated by USP AP, the Appraisal Institute, the State of Florida, and the Appraisal Foundation and associated Standards Board. A summary report is provided, intended to comply with the USPAP guidelines therefore -- Std. 2-2[b] - wherein the data and analyses inherent to the appraisal are summarized with no excessive or extraneous discussions. Based on all pertinent information, the investigation, and analyses, we have concluded the following market value .of the fee simple estate for the subject properties, "as is", as of April 30, 2008: i I Euclid Street Parcel 12 US 1 Parcels $230,000 $600,000 Attachment #1 n ~ i U . .. , ,... Ms. Joann Riley· ....... May 12,2008 . [I l ~ ~ . . . . The prècedingståtèllientof value is predicate upon any and all assumptions and limiting condiíibnsc()Ìlt¡¡ined within this appraisal repoli. q U ':. "" .'-. . "','.. . . In regard tocoinpHâneewiththe Competency Provision of the USPAP, we have been appraising these types of properties in this area for more than twenty-five years. Enclosed is. an appraiSl!.1 report, which describes the property appraised, and shows the valuation procedures used in arriving at the preceding value conclusions. We appreciate the opportunity to have been of service to you. If you have any questions, please call. Very truly yours, ¡Ux~¡£~'¡¿ Robert Kunkle S1. Reg. Trainee REA, RI995 I tð~ I( -O~.¥., Daniel K. Deighan, MAl State-Cert.Gen.Appr. #244 rkJdkd Enclosure 2 Attachment #1 ., . Ii J: FULLER-ARMFIELD-WAGNER Appraisal & Researchø Kne. Daniel D. Fuller, MAl, BRA 120 North Second Slreet Phone (772) 468-0787 St. Cert. Gen REA RZ567 Fort Pierce, FL 34950 1.fJOO-273-73M email: FAW_app@bellsouth.net Fax (772) 468-1103 ~ I I,'·,. It . If·.· il rJ ~, r r , I' I, i I I May 15, 2008 Ms. JoAnn Riley, Property Manager St. Lucie County Board of County Commissioners 2300 Virginia Ave. Fort Pierce FL 34982 RE; Two vacant tracts of land, (Parcel A) located on the southwest corner N. U.S. 1 and N. 25th St. and (Parcel B) the SW corner of N. U.S. 1 and Euclid St., St. Lucie County, Florida. Dear Ms. Riley: As requested, I have inspected the referenced properties, and I have made an analysis of the market influences affecting the subject properties. This is for the purpose of providing my opinion of the market value of the fee simple interest in the properties, "as is", as of April 3D, 2008 the date of my formal inspection. Plus, in the case of the tract located on the SW corner of N. U.S. 1 and N. 25th Street, in the body of the report a allocation of the value is reported between a functional corner site and the secondary exposure portion of the site. The appraisal meets the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP), presented in a Summary report format. The appraisal and report are SUbject to the Ordinary Limiting Conditions, Extraordinary Assumptions (please see Extraordinary Assumption #1 concerning the size of Parcel "A"), and Certification included within this report. Based upon my analysis presented in this report, it is my opinion, the Market Value of the Fee Simple Interest in the subject tracts of land, "as is", as of April 30, 2008, is: Parcel "A" (5.39± acre site) ~ $1,000,000 $230,000 Parcels "8" (1,17± acre site) ~ I believe my appraisal and this report of my appraisal is complete, but if questions exist pleas ontact me at your convenience. .., 1 ce e I DDF/asf f:commfile 18815 Attachment #2 , . . e Attachment #3 ~ AGENDA REQUEST ITEM NO. C5 DATE: 07/01/08 REGULAR ( ) PUBLIC HEARING ( CONSENT ( X .~.,"_w=ç.",'P. ..,} . . i;¡ ., ...... "d<~""¡:¡,¡;!8,ç:ß'~:n' v , '. 'j,";. . _ ""'~'" ;~~;'¡J,;;S¡'- TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Board approval to reject all responses and re-advertise the following Request for Qualifications (RFQ's): 1. 07-113; Utility Engineering Services 2. 07-117; Kings Highway & Angle Road Intersection Improvements 3. 07-048; St. Lucie County Neighborhood Charrette, Development Review And Management Planning Services, (Charrette element only) BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 07-113; 458-3510-531000-300 South Hutchinson Island R+R 451-3510-531000-300 South Hutchinson Island 471-3600-531000-300 North County 471-3601-531000-300 North County HEW 471-3602-531000-300 North County North Hutchinson Island Utility 471-3603-531000-300 North County Airport 07-117; 4116-101006-563005-4174 Kings Highway Widening 4116-101006-563005-4176 Kings Highway & Angle Road Study 07 -048; 102-1510-534000-100 Other Contractual services 105-1510-531000-100 Professional Services PREVIOUS ACTION: 07-113, 07-117; Permission to advertise 2/13/07, agenda item C-5A. 07 -048; See attached memorandum. RECOMMENDATION: Staff recommends Board approval to reject all responses and re-advertise the following Request for Qualifications (RFQ's): 1. 07-113; Utility Engineering Services 2. 07-117; Kings Highway & Angle Road Intersection Improvements 3. 07-048; St. Lucie County Neighborhood Charrette, Development Review And Management Planning Services, (Charrette element only) (~ ( ) APPROVED () DENIED OTHER Approved 5-0 COMMISSION ACTION: Dou as . Anderson County Administrator Public Works (X) ')!j t {)5'1'1 ~1~' ( Coord ination/SiQ natu res Mgmt & Budget (X) M1'.f Pì'\\tp Purchasing (X)'))/V Utilities (X) rf6ìJ' Finance (J for copy only if applicable) County Attorney (X) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners -'~ FROM: Neil Appel, C.P.M., Purchasing Director ,)/1 DATE: June 13.2008 RE: Board approval to reject all responses and re-advertise the following Request for Qualifications (RFQ's): 1. 07-113; Utility Engineering Services 2. 07-117; Kings Highway & Angle Road Intersection Improvements 3. 07-048; S1. Lucie County Neighborhood Charrette, Development Review And Management Planning Services, (Charrette element only) Back!:lround: Request for Qualifications ("RFQ") # 07-113, Utility Engineering Services was issued October 3,2007, and closed November 2, 2007. RFQ #07-117, Kings Highway & Angle Road Intersection Improvements was issued October 14, 2007, and closed December 19, 2007. RFQ #07-048, S1. Lucie County Neighborhood Charrette, Development Review, and Management Planning Services was issued April 13, 2007, and closed May 11,2007. Due to the changing needs of S1. Lucie County, staff finds it necessary to cancel and re-bid RFQ # 07-113, and RFQ #07-117. Board approval to advertise RFQ 07-048 was given March 20, 2007. Separate awards were approved for RFQ 07-048, Adjunct Management Services element on November 27, 2008, and the General Planning Services element on August 28, 2007. Staff is now seeking Board approval to cancel and re-bid the remaining element, Neighborhood Charrette Services. All prior proposers will be notified by letter regarding the cancellation of the RFQ's and the intent to re- issue. Recommendation: Staff recommends Board approval to reject all responses and re-advertise the following Request for Qualifications (RFQ's): 1. 07-113; Utility Engineering Services 2. 07-117; Kings Highway & Angle Road Intersection Improvements 3. 07-048; S1. Lucie County Neighborhood Charrette, Development Review And Management Planning Services, (Charrette element only) "'-I ITEM NO. D-1 DATE: July 1, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Diana Lewis. Director SUBJECT: Approval of Amended Equipment Request EQ08-219 for the purchase of the JEI DVR- 2FT Digital Voice Recording System to replace JEI 804C Analog Recording system used to record pilot radio transmissions to monitor compliance with the Voluntary Noise Abatement Procedures at the St. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: 140-4210-564000-400 Machinery and Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Amended Equipment Request EQ08- 219 for the purchase of the JEI DVR-2FT Digital Voice Recording System in the amount of $4,738 to replace the existing JEI 804C Analog Recording System which supports the St. Lucie County International Airport Voluntary Noise Abatement Procedures, and authorize Chair or designee to execute same. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Approved 5-0 fdr# County Attorney ( )~ Mgt. & Budget ( ) Originating Dept. (iY Other ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable) _ ~ \ \ BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director ~ \. ,... MEMORANDUM To: From: Board of County Commissioners Diana Lewis, Airport Dire~~ June 9, 2008 ~ Date: Re: Approval of Amended Equipment Request EQ08-219 for the purchase of the JEI DVR-2FT Digital Voice Recording System to replace JEI 804C Analog Recording system used to record pilot radio transmissions to monitor compliance with the Voluntary Noise Abatement Procedures at the St. Lucie County International Airport. The Airport Voluntary Noise Abatement Procedures are designed to mitigate noise impacts on the surrounding communities. Pilot radio transmissions are recorded from 9 p.m. to 8 a.m., Monday thru Friday, until 9:00 a.m. on Saturdays, and all day on Sundays and Holidays. These recordings are reviewed and documented by the Airport Noise Officer, and those who are not in compliance are contacted to request future compliance. Periodically, the Airport's existing recording equipment loses data and replacement of the equipment was budgeted in the current year's budget. Under the Fiscal Year (FY) 2008 Budget approved by the Board, the Airport was authorized to purchase an Exacom EARS Recorder (EQ08-219) in the amount of $2,900. However, it was discovered that this system had a recording time of only five hours, which did not meet the 24 hour recording requirement needed to adequately capture the radio transmissions. A review of available systems within a similar price range was conducted and it was determined that the JEI DVR-2FT Digital Voice Recording System would accomplish the required tasks, although at a price of $4,738. This price includes a JEI credit for trading in the existing JEI 804C Analog Recorder. Money is available in the current equipment account to cover the cost of the proposed recorder. Previously a savings of $12,821 was achieved on the purchase of the John Deere 6615 4WD Cab Tractor that was also budgeted in the FY 2008 equipment account. In March 2008, the Board approved utilizing $1,605 of this savings for the replacement of an expired 125 Ib wheeled fire extinguisher, leaving the equipment account with a balance of $11,216. Given this remaining balance, there are sufficient funds to cover the $1,838 needed in addition to the $2,900 budgeted for the new recorder, for a total cost of $4,738. Staff recommends the Board approve the Amended Equipment Request EQ08-219 for the purchase of the JEI DVR-2FT Digital Voice Recording System in the amount of $4,738 to replace the existing JEI 804C Analog Recording System which supports the St. Lucie County International Airport Voluntary Noise Abatement Procedures. I~~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 AMENDED DEPARTMENT: AIRPORT RECOMMENDED: X YES NO REVISED JUSTIFICATION: The Airport has voluntary noise abatement procedures designed to reduce noise impacts to the surrounding communities. Pilot radio transmissions are recorded from 9 p.m. to 8 a.m., Monday thru Saturday, and all day on Sundays and Holidays. These recordings are reviewed and documented by the Airport Noise Officer. and those who are not in compliance are contacted to request future compliance. In 2007, it was determined that the Airport's existing recording equipment was becoming unreliable, which resulted in periodic loss of data. Under the Fiscal Year (FY) 2008 Budget approved by the Board, the Airport was authorized to purchase an Exacom EARS Recorder in the amount of $2,900. However it was discovered that this system had an available recording time of only five hours, which did not meet the 24 hour recording requirement needed to capture the radio transmissions. A review of available systems was conducted and it was determined that the JEI DVR-2FT Digital Voice Recording System would accomplish the required tasks. JEI would also provide a credit for trading in the existing JEI 804C Analog Recorder EQUIPMENT REQ#: EQ08-219 AMENDED ACCOUNT#: 140-4210-564000-400 ..~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport ITEM NO. 0-2 DATE: July 1, 2008 REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: Diana Lewis. Director SUBJECT: Request approval of Budget Resolution 08-210 for the Florida Department of Transportation (FOOT) Joint Participation Agreement (JPA) #424452-1-94-01 in the amount of $3,948 for the FOOT share with a matching local share of $3,948 for a total project cost of $119,136 (including Federal Aviation Administration funding) for the installation of perimeter fencing at the St. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: Fund to be determined with the Budget Resolution. PREVIOUS ACTION: The Board accepted the. FOOT JPA and approved Resolùtion 08-100 in May 2008. RECOMMENDATION: Staff recommends approval of Budget Resolution 08-210 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424452-1-94-01 in the amount of $3,948 for the FOOT share with a local match of $3,948 for a total project cost of $119,136 (including Federal Aviation Administration funding) for the installation of perimeter fencing at the St. Lucie County International Airport, and authorize Chair or designee to execute same. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Approved 5-0 ~sl--county Attorney ( ) ~ Originating Dept. (iJ( ~ Finance: (check for copy, only if applicable)_ Purchasing ( ) Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director r MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Dir~ Date: June 18, 2008 Re: Request approval of Budget Resolution 08-210 for the Florida Department of Transportation (FOOT) Joint Participation Agreement (JPA) #424452-1-94-01 in the amount of $3,948 for the FOOT share with a local match of $3,948 for a total project cost of $119,136 (including Federal Aviation Administration funds) for the installation of perimeter fencing at the St. Lucie County International Airport. This Budget Resolution supports a Federal Aviation Administration (FAA) entitlement grant for perimeter fencing, which will enable the Airport to continue the installation of "fencing, gates and culverts supporting perimeter security for Airport property. The FAA grant offer for the fencing was accepted by the Board on June 17,2008. FOOT has already issued a matching grant that was approved by the Board in May 2008 through Resolution 08-100. The grant amount was for $3,948 with a local share of $3,948 in anticipation that the FAA grant would be $150,000. However, the FAA funded only 75% of the typical $150,000 entitlement grant this year, in the amount of $111,240. The total with FAA, FOOT and local shares equals a project cost of $119,136. The Board approved this project as part of the Airport's FY 2008 Capital Budget and the project fund will be determined with the Budget Resolution. Staff recommends approval of Budget Resolution 08-210 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424452-1-94-01 in the amount of $3,948 for the FOOT share with a local match of $3,948 for a total project cost of $119,136 (including FAA funding) for the installation of perimeter fencing at the St. Lucie County International Airport. RESOLUTION NO. 08-210 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $3,948, as funding for the installation of Security Fencing at the S1. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 1st day of July, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 140355-4220-334411-48005 FOOT-Transportation $3,948 APPROPRIATIONS 140355-4220-563000-48005 Infrastructure $3,948 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 1st DAY OF JULY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .. Agenda Request Item Number Date: E 07/01/2008 REVISED Consent Regular Public Presentation Leg. [ [Xl [ ] [ ] Quasi-JD [ j Pres~ted By A~ jj~ Economl Development Manager Request SOCC approval to accept the 3rd Quarter Economic Development Council's report on the accomplishments in April, May and June as fulfilling the requirements of the contract. To: Submitted By: Board of County Commissioners Economic Development SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION COMMISSION ACTION: æ APPROVED o OTHER In December 2006, the County entered into a partnership contract with the Economic Development Council of St Lucie County (EDC) to facilitate economic development in the County from October 1 , 2006 to September 30. 2008 The EDC was to receive a quarterly fee of $25,000 for providing this service after completion of an interim report detaiiing the quarterly activities to achieve the goals and objectives as outlined in the contract. The interim report is attached for the period April. May and June which shows that the goals and objectives as outlined in the contract are being met. The acceptance of the interim report will prompt the quarterly payment to the EDC and the funds are available in account 666-1515-582000-100. The first two quarterly interim reports were approved for the 2007-2008 year. Staff recommends the approval of this 3rd quarter interim report by the EDC and the continued pursuit of economic growth in the County. L-J DENIED Approved 5-0 - County Attorney '~i"n~ Originating Dept.: Finance Coordination! Signatures J Mgt. & Budget: ~ Other: Purchasing: Other: (insert me ref) " COMMISSION REVIEW: 7/01/2008 ~ COUNTY '-.j FL ·0 'RI ,0 ,A ~ ---- .~ Economic Development MEMORANDUM TO: Douglas M. Anderson, County Administrator FROM Larry Daum, Economic Development Manager htfJ DATE: June 24, 2008 SUBJECT Request BOCC approval to accept the 3rd Quarter Economic Development Council's report on the accomplishments in April, May and June as fulfilling the requirements of the contract. This requests BOCC approval to accept the 3rd Quarter Economic Development Council's report on the accomplishments in April, May and June as fulfilling the requirements of the contract In December 2006, the County entered into a partnership contract 'With the EDC to facilitate economic development in the County from October 1,2006 to September 30, 2008, The EDC was to receive a quarterly fee of $25,000 for providing this service after completion of an interim report detailing the quarterly activities to achieve the goals and objectives as outlined in the contract. The interim report is attached for the period April, May and June which shows that the goals and objectives as outlined in the contract are being met. Staff recommends the approval of this 3rd Quarter Interim Report by the EDC and the continued pursuit of economic growth in the County. EDC Activities Report April - June 2008 RECRUITMENT During the FY 2007-2008 third quarter, EDC was involved in the active recruiting of the following entities that have relocated within the county: · Aquaculture -15 jobs · Call center- 225 jobs · Juice manufacturing -15-20 jobs · Jet rehabilitation - 30 jobs · Fixed based operator - 62 jobs · Food processor - less than 10 jobs Other projects we worked during the quarter included: · Two world-class research institutes · Alternative energy plant (biomass) prospect interested in TCERDA · Medical device manufacturing firm · Medical manufacturing company · Alternative energy firm (algae) · Large foreign manufacturing firm · Chemical manufacturing firm referred by EFI · Car safety equipment manufacturing firm · Call center referred by EFI As part of the recruitment process, Larry Pelton viSited two out-of-state research institutions. The EDC also hosted visits from 2 life science/research institutions, an alternative energy prospect, a medical manufacturer, an alternative energy firm (algae) and an aerial imaging prospect. BUSINESS RETENTION AND EXPANSION BRE visits: Met with individual businesses to determine issues impacting local competitiveness as part of St. Lucie County's Business Retention & Expansion (BRE) Program. Completed two BRE visits resulting in the capturing and reporting of 231employees currently working in SLC to the Agency for Workforce Innovation; as well as partnering with Workforce Development Board for training needs and Florida Manufacturing Extension Partnership for pOSSible LEAN processes. Building relationships with county and cities' staff who can help businesses, including meetings with Planning & Zoning Department heads at SLC, PSL & FP to learn their processes and challenges commonly met. Met with two entrepreneurs businesses interested in SLC, came to us through website. Provided demographics, housing, transportation, labor market information to businesses in response to inquiries. Member relations: Responded to all inquiries for membership providing information and follow-up and met witn 32 member companies. C:\DOCUME-l IADMINI'l \LOCALS'·l\T emp\XPgrpwise\EDC Activirtes Report 3qrtr 07-08.dDC During the second quarter ten new companies invested in the EDC Developed EDC brochure for member recruiting, which can be used by members for referrals. Coordinated first quarterly real estate committee meeting to better understand real estate market in SLC, land/building inventory, update industrial parks list, and reviewed the Real Estate listings page on EDC website. Partnered with IRe's Corporate and Community Training Institute to coordinate EDC member workshops; ten Lunch & Learns workshops are scheduled in SLC for 2008. Five member relations visits / meetings. " COMMUNICATION EDC staff routinely meets with the mayors, council members and administrative staff of both cities, and commissioners and staff at the County to make sure lines of communication are open and that the EDC is a constant resource for both cities and the County. We are also in close and constant communication with the St. Lucie County School Board. As part of our effort to bring an alternative energy cluster to the county, we hosted an alternative energy roundtable with Indian River College. We and county staff met with the OTTED Director and Agriculture Commissioner in Tallahassee, and in coordination with the Florida Research Coast's Economic Development Council, hosted the OTTED Director for several meetings with the public in our county. We also met with Marlowe & CD. to follow up on the request for an alternative energy center funding through the US government. To communicate and bring together various sectors of the business community, we hosted a national speaker on life sciences, Juan Enriquez, for several meetings with the business communities from Indian River, St Lucie, Martin and Okeechobee counties. Another major effort has been the coordination of activities with the TCERDA board, meeting with the county commissiDners and providing assistance to the TCERDA Human Resources Committee. C\DOCU!v1C-l \ADMI~I'-l \LO~ALS-l\Temp\XPgrowlse\EDC Activities Report 3qrtr 07·08.doc ,... I AGENDA REOUEST ITEM NO. F-l COUNTY'. FLORIDA DATE: July 1,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS ADMINISTRATION PRESENTED BY: SUBJECT: Approval by Board of County Commissioners for Work Authorization No. 17 with Taylor Engineering, Inc. in the amount of $706,312.91 for the Port of Fort Pierce Entrance Road (North 2nd Street). BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: Funds and County match will be made available in Port Capital Improvements Budgets, Account No. 140328- 4315-563000-465016. PREVIOUS ACTION: 9/9/97 - BOCC approval of JPA with FOOT for funding of PO&E Study (Res. # 97-06). 10/6/97- JPA executed by FOOT for $1.2 million. 9/8/98 - BOCC approval of Scope of Services with LBFH to peñorm the PO&E Study. 6/8/99 - BOCC approval of extension of JPA (Res. # 99-126). 4/11/200 -Approval of WA #15 with LBFH for Flyover Feasibility Study in the amount of $103,515.00. 5/10//2001 - JPA extended until 6/30/2004. 6/07/2001 - Feasibility Study completed and accepted by FOOT. 4/30/2004 - JPA extended until 12/31/2005. 5/4/2004 - Approval of WA #2 with Taylor Engineering for survey of North 2nd Street in the amount of $90,256.00. 11/01/2005 - JPA extended until 12/31/2007. 3/14/2006 - Approval of WA #4 with Taylor Engineering for design of North 2nd Street in the amount of $185,536.00. 9/19/2006 - Approval of WA #6 with Taylor Engineering in the amount of $45,500.00 for a total contract amount of $231 ,036.00. RECOMMENDATION: Public Works staff recommends Board approval of Work Authorization No. 17 with Taylor Engineering, Inc. in the amount of $706,312.91 for Engineering services related to North 2nd Street Improvements, and authorization for the Chairman to sign. COMMISSION ACTION: [~APPROVED [] DENlED [ ] OTHER: Approved 5-0 URRENCE: ~ PUBLIC WORKS DEPARTMENT ADMINISTRATION CÒUNTY" FLORIDA MEMORANDUM TO: Board of County Commissioners Don West, Public Works Director~' ~ . July 1, 2008 FROM: DATE: RE: Work Authorization No. 17 with Taylor Engineering for Port of Fort Pierce 2nd street BACKGROUND: In December of 2001, the County began the process of developing a new Master Plan for the Port of Fort Pierce. The Master Plan was formulated through a series of public meetings and public hearings. The completed Master Plan is a policy document that contains goals and objectives for the development of the Port property that also contemplates development of the majority of the remaining vacant property into "mega- yachf" usage. In April of 2002, the County advertised an RFP for development of the eighty-seven (87) acres of vacant land that currently exists at the Port. Several proposals were submitted by Development Groups. All of the developers agreed that the f1yover entrance design would not be compatible with mega-yacht development and recommended that improvements of 2nd Street as the primary Port Entrance would be more compatible with mega-yacht usage and development. As a result of this desired change in Port land usage, the County has initiated plans to improve North 2nd Street as the primary access to the Port. In May of 2004, the County contracted with Taylor Engineering to perform a detailed topographic, utility, and right-of-way survey for the existing North 2nd Street. The surveys were completed in December 2004. In March of 2006, the County contracted with Taylor Engineering to perform conceptual design plans for the 2nd Street Improvement Project. Altemative designs were prepared and evaluated to select a recommended roadway cross section and right-of-way width. Alternative designs were discussed with the City of Fort Pierce to coordinate selection of a preferred alternative. In December of 2007, the County held a public meeting with the Port Landowners to present the conceptual design plans for comment. Many of the Port Landowners expressed concerns with the functionality of the conceptual design. A second meeting with the Port Landowners was held in March of 2008 to solicit detailed information about Port operations. The Landowners requested major amendments to the design plans for the purpose of accommodating Port operational functions. Public Works Staff is recommending that we prepare a revised conceptual design that will accommodate the needs of the Port Landowners and the City of Fort Pierce. The attached Work Authorization No. 17 for Taylor Engineering will be funded with existing FSTED grants and previously budgeted County matching funds. This work authorization will initiate a new conceptual design, permitting, and final design for the improvements to Port of Fort Pierce Entrance Road. The County anticipates that it will take approximately twelve (12) months to complete the new conceptual design for the improvements to North 2nd Street. RECOMMENDATION: Public Works staff recommends Board approval of Work Authorization No. 17 with Taylor Engineering, Inc. in the amount of $706,312.91 for Engineering services related to North 2nd Street Improvements, and authorization for the Chairman to sign. CÒUNTY '. FLORIDA WORK AUTHORIZATION NO. 17 CONTRACT C04-11-622 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as ofthe day of 2008, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the ·County" and TAYLOR ENGINEERING, INC., hereinafter referred to as the ·Consultant". WIT N E SSE T H: WHEREAS, on November 23, 2004, the County entered into a Consulting Agreement (Contract No. C04-11-622) hereinafter referred to as ·Contract" with the Consultant to provide coastal engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Port of Fort Pierr:e Roadway Improvement Project - P2007-042 Permitting Final DetJign - Phase I (North ~ Street,) (hereinafter referred to as ''the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C04-11-622). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services Page 1 of 3 attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total amount of seven hundred six thousand three hundred twelve and 91/100 ($706,312.91), as further detailed in Exhibit "S". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work as further described in Exhibit "C". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization upon the terms and conditions stated above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Page 30f3 Attachment "A" Port of Fort Pierce Roadway Improvement Project P200? -042 Permitting and Final Design - PHASE 1 (North 2nd Street) Page I of 8 - April 25, 2008 PROJECT DESCRIPTION AND SCOPE- PHASE 1 Taylor Engineering will preliminary design and prepare preliminary permit application documents for the Port of Fort Pierce Roadway Improvement Project. The project objective is to streamline vehicular and pedestrian access to one of Florida's deepwater ports. These roadway improvements will provide the Port of Fort Pierce functional traffic flow, an important component of the St. Lucie County's Port of Fort Pierce Master Plan. Implementing these improvements will require, among other actions, extensive road reconstruction and roadway extensions The Port of Fort Pierce Roadway Improvement Project boundaries are as follows: to the north, South Florida Water Management District Canal C-25; to the south, Seaway Drive/Avenue F; to the west, Federal Highway US-l/State Highway A-I-A; to the east, the Intracoastal WateIWay. Attachment A shows a location map with labels indicating the proposed roads targeted for reconstruction per the original Taylor Engineering Design. Drawing A shows the existing dimensions of these roads, their corresponding proposed dimensions, and the proposed roadway extensions dimensions. In March of 2006, Taylor Engineering and St. Lucie met with the City of Ft. Pierce to discuss this project. Drawing B details the remarks and comments made during that meeting, and the modification to the original conceptual design, we will call this design the City ofFt. Pierce Conceptual Design. Taylor Engineering's Design Team includes Dunkelberger Engineering & Testing, Inc. providing geotechnical engineering, environmental, and geohydrologic services; Progressive Design and Engineering, Inc. providing traffic engineering services; Morgan & Eklund, Inc. providing land surveying services; Lucido & Associates, Inc. providing landscape, irrigation, and lighting streetscape design services. Taylor Engineering will lead the design team, and we propose a phase approach to project engineering. Phase I (current project phase) will include the following tasks: Agency Coordination, Surveying & Mapping; Utility Coordination; Traffic Engineering Services; Geotechnical Engineering Services; Right-of-Way Acquisition Support Services; Strategic Planning for Stormwater Management System Design; Strategic Plan for Stormwater Permitting; Landscape, Irrigation & Lighting Streetscape Design; and Public & Task Meetings. Phase 2 (future project phase) will include final Stormwater Management System Design; Roadway Master Plan Design; Roadway Design Permitting, and Opinion of Probable Cost; Construction Documents. A brief description of the Tasks included in Phase I follows. Agency Coordination - Final design and permitting of the Port of Fort Pierce Roadway Improvement Project will require coordination with St. Lucie County (SLC), City of Fort Pierce (CFP), U.S. Army Corps of Engineers (USACE), Florida East Coast Railroad Company (FECRC), Florida Department of Transportation (FDOT), and the South Florida Water Management District (SFWMD). We will attempt to schedule at least one visit or Telephone conference per agency to discuss the existing site conditions and develop the final design and permitting plans. See Taskl below for more details. Surveying & Mapping - This project requires land surveying and mapping to locate additional topographic features, geotechnical boring locations, existing utilities, vegetation, and Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE 1 (North 2nd Street) Page 2 of 8 - April 25, 2008 property boundary/right-of-way determination to support the design plan preparation, permitting, and the SLC right-of-way acquisition efforts. See Task 2 below for more details, Drawing C - Survey Limits. Utility Coordination - The Port of Fort Pierce roadway improvement area, through its many years of service, now features a great deal of underground and above ground utilities. These existing utilities may conflict with the proposed roadway improvement utilities. Many of the existing utilities points of service to private and public clients will require adjusting or relocating to meet the new roadway improvement layout and right-of-way widening. Taylor Engineering will consult with the Fort Pierce Utilities Authority (FPUA), Bell South (BS) and the local cable television (CATV) provider regarding existing service utility facilities location and their projected utility expansion. We will work in conjunction with these utility companies to mitigate any proposed utility crossing conflict within this project's anticipated limits of construction. See Task 3 below for more details. Traffic Engineering Services - The Port of Fort Pierce requires a safe and efficient traffic flow to support its development. Taylor Engineering services will include the performance and evaluation of a traffic study for the Port of Fort Pierce roadway improvement system. The traffic study will evaluate the historic and present traffic volume conditions at this site. The traffic volume data analyzed will support a growth rate projection from which to calculate future traffic volumes. These calculated future traffic volumes, in turn, will help define the roadway system's operational strategy to improve the capacity, safety, and operational characteristics at intersections and roadways encompassed by this project. We will evaluate and create proposed pedestrian and vehicular traffic operation plans to replace or modify the existing span wire signals with mast arm signals as applicable. See Task 4 below for more details. Geotechnical Engineering Services - Based on guidelines from Chapter 9 of the FDOT's Soils and Foundation Handbook (2004), Taylor Engineering will prepare a Roadway Soil Survey Report. This report will address plastic or unsuitable soils if present, projected water table levels, design/construction options to deal with potential plastic soils and perched water (e.g., medians), and draft cross-sectional profiles of the subsurface conditions based on AASHTO soil classifications. It will indicate subsurface conditions for the mast arms proposed at four selected intersections and the location of any known contaminated subsoil that may fall within the project's limit of construction. See Task 5 below for more details. Right-of-Way Acquisition Support Services - The Port of Fort Pierce Roadway Improvement proposes to extend or modify some of the existing right-of-ways within the limits of construction. Taylor Engineering will support SLC efforts to implement the above referenced right-of-way modification or extension. Taylor Engineering will coordinate with the Land Surveyor, CFP, and SLC to identify the final location of the proposed right-of-way alignment for the project. See Task 6 below for more details. Strategic Planning for Stormwater Management System Design - The newest Port of Fort Pierce Roadway Improvement Project's Conceptual layout will require a new and improved surface water management system design. This new surface water management system design Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE 1 (North 2nd Street) Page 3 of 8 - April 25, 2008 will take into account existing surface water management conditions and incorporate some of those features into the new and improved design. It will meet the current needs and design criteria applicable at the Port of Fort Pierce roadway improvement area. Taylor Engineering will consult with the SFWMD, SLC, USACE, FDOT, and the CFP to establish the proper design criteria and permitting requirements. See Task 7 below for more details. Landscape, Irrigation, & Lighting Streetscape Design - Taylor Engineering will prepare a set of landscape, irrigation, and lighting streetscape plan. This plan will meet the CFP Land Development Code minimum requirements. See Task 8 below for more details. Public & Task Meetings - Taylor Engineering will attend public and task meetings to review the overall project scope, review project roles, and responsibilities among project team members. See Task 9 below for more details. Landowner's Conceptual Plan - Taylor Engineering will prepare a conceptual plan that modifies the presently developed project conceptual plan. This plan will be developed independently from the existing conceptual plan as a tool to develop consensus between the Landowners, the City of F1. Pierce, and S1. Lucie County officials. See Task 10 below for more details. . Completing the Port of Fort Pierce Roadway Improvement Project design may require additional services not included on this scope of work. SCOPE OF SERVICES -DESIGN SERVICES TASK 1 - Agency Coordination The Taylor Engineering project team will: 1.1 Consult with SLC to obtain the latest planning, land development, and roadway design standards and permitting requirements applicable to the project. 1.2 Consult with the CFP to obtain the latest planning, land development, and roadway design standards and permitting requirements applicable to the project. 1.3 Coordinate with FECRC regarding the latest design standards and permitting requirements for the existing spur tracks crossings. 1.4 Consult with the FDOT regarding the latest design and permitting requirements applicable to the project. 1.5 Consult with the SFWMD to determine the agency's latest design standards and permitting requirements for the proposed roadway improvements. 1.6 Consult with the USACE to determine their latest design standards and permitting requirements for the proposed roadway improvements. 1.7 Perform one site visit per each consultation with the above agencies to observe existing site conditions. Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE 1 (North 2nd Street) Page 4 of 8 - April 25, 2008 1.8 Provide a set of preliminary engineering plans that reflect the latest design and permitting requirements for the proposed roadway improvements. We will be revising the conceptual design to reflect design and permitting requirements. This preliminary design will still not be final construction documents, the final construction design will be complete in the Phase 2 of the project. TASK 2 - Surveying & Mapping The Taylor Engineering project team will: 2. 1 Collect additional topographic survey data along North 2nd Street, North Indian River Drive, Fishermans Wharf, Avenue M, Port Avenue, and Port Avenue's proposed roadway extension connection to Avenue "0." In addition, obtain topographic survey data at any roadway intersection of the above referenced roads with Federal Highway US-1/State Highway A-I-A, Seaway Drive/Avenue F, and State Road 605. 2. 2 Locate geotechnical boring locations. 2. 3 Locate additional utility lines on the areas outlined in item 2.1. 2. 4 Survey the right-of-way location for areas outlined in item 2.1. 2.5 Map US-1 right-of-way, Seaway Drive/Avenue F and State Road 605. 2. 6 Develop right-of-way parcel maps for locations identified in 2.1 to aid SLC with their right-of-way acquisition efforts. Please see attached Morgan and Eklund's detailed Surveying and Mapping Scope of work proposal. TASK 3 - Utility Coordination The Taylor Engineering project team will: 3. 1 Consult with the FPUA regarding existing water, wastewater, electric, and natural gas utilities, and request utility locations within the anticipated limits of construction. 3.2 Consult with BS and the CATV provider regarding existing service facilities and request utility locations within the anticipated limits of construction. 3.3 Based on information provided by the utility companies, ascertain potential conflict with the proposed roadway construction. Also, discuss relocation or proposed utility crossing requirements with the applicable utility companies. 3.4 Based on consultation with utility companies, obtain anticipated future expansion plans. 3.5 Coordinate with the utility companies and land surveying company to ensure mapping of all known utilities. 3. 6 Provide a set of preliminary engineering plans that include the latest surveyed utility locations and the best alternative option to mitigate any utility crossing conflicts with the proposed utilities. TASK 4 - Traffic Engineering Services Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE I (North 2nd Street) Page 5 of 8 - April 25, 2008 The Taylor Engineering project team will: 4. 1 Conduct traffic study to include traffic volume; present, historic, and projected traffic volume counts; and data analysis to develop a growth rate for calculation of future volumes. 4. 2 Assess arterial roads during peak periods to identify any geometric, traffic, or traffic control conditions that may aid in traffic operational strategies to improve safety. 4. 3 Analyze arterial road capacity and operational factors to calculate level-of-service, percent saturation, and other measures of effectiveness for AM and PM peak hours. Adjust data to reflect peak season volumes. 4.4 Based on standard FDOT computer crash printouts or hard copy crash reports, deteITlline safety issues via crash history at area intersections and arterial roads for the latest three years. Plot collision diagrams to identify safety problem locations. 4. 5 Analyze proposed improvements and operational strategies to improve the capacity, safety, or operational characteristics at intersections. 4.6 Prepare and submit a draft report subsequent to completion of tasks 4.1, 4.2, 4.3, 4.4, and 4.5. 4. 7 Based on proposed improvements at four designated intersections, prepare a set of signalization plans to install, replace, or modify the existing span wire signals with mast arm signals. 4. 8 Follow FDOT and SLC guidelines to design the pole and signal head system. Please see attached Progressive Design & Engineering, lnc's detailed scope of work proposal. TASK 5 - Geotechnical Engineering Services The Taylor Engineering project team will: 5. I Review USGS and SCS maps for indications of potential problematic soil conditions (i.e., muck) along the proposed alignment. 5. 2 Using Standard Penetration Test (SPT) borings, explore the shallow subsurface conditions along the roadway alignment. 5.3 Measure groundwater levels in each borehole. Use piezometers to establish the stabilized water table level to identify the range of groundwater fluctuations. 5. 4 Obtain samples for corrosion series testing and limerock bearing ratio (LBR) testing. 5.5 Obtain asphalt core samples to assess existing pavement quality. 5.6 Explore the subsurface conditions at the potential pond sites with four, 20-foot deep SPT borings. Grout seal pond SPT borings when task is complete. 5. 7 Conduct two field permeability tests per SFWMD usual open-hole and constant head test methods to assess the hydraulic conductivity of subsoils within the proposed pond areas 5.8 Install two temporary piezometers in potential pond sites. Obtain one groundwater reading per week for three weeks. 5. 9 Explore shallow subsurface conditions for the mast arms proposed at four selected intersections with four SPT borings drilled to a depth of 35 feet. Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE I (North 2nd Street) Page 6 of 8 - April 25, 2008 5. 10 Laboratory examination (classification) of material samples and physical property tests of same to establish plasticity, gradation, organic content, moisture content, LBR, and corrosivity. 5. 11 Perform pollutant source identification services. 5. 12 Evaluate soil and groundwater quality. 5. 13 Evaluate contaminant plume migration. 5. 14 Create a report that presents the laboratory analytical results, remediation recommendations, and potential contaminant migration for tasks 5.11, 5.12 and 5.13. Please see attached Dunkelberger Engineering and Testing, Inc's Environmental and Geo~ydrologic Services Proposal & Roadway Soil Survey Proposal detailed scope of work. These proposals clearly state the scope of work performed under this contract. Please note the Environmental and Geohydrologic services are limited to the identification of pollutant sources within a half-mile radius of the project area as required by the SFWMD, evaluation of soil and groundwater quality proximate to selected pollutant sources and evaluating the potential movement of contaminant plumes as a result of dewatering. It does not encompass groundwater modeling, groundwater monitoring during construction dewatering or dewatering effluent sampling and analysis. TASK 6 - Right-of-Way Acquisition Support Services The Taylor Engineering project team will: 6.1 Coordinate with the land surveyor, CFP, and SLC to identifY the final location of the proposed right-of-way boundaries. 6.2 Provide the SLC with a list of property owners from whom it needs to acquire property in order to extend or modifY the Port of Fort Pierce Roadway Improvement Project's right- of-way areas. 6.3 Attend one meeting with SLC staff to review the proposed final right-of-way alignments for the project. TASK 7 - Strategic Plan for Stormwater Management System Design The Taylor Engineering project team will: 7.1 Review existing data and topographic survey to establish the overall drainage basin boundaries and physical design parameters. 7.2 Review communications with SFWMD, SLC, CFP, and USACE to identifY any design criteria conflicts among the reviewing agencies. Attempt to mitigate any observed agency design criteria conflicts observed through coordination with the involved permitting agencies. 7.3 Meet with the SFWMD and the FDEP to determine extents of Permitting criteria negotiate potential permitting requirements and potential criteria for the project, as well as review the potential economic impacts to the project. Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE 1 (North 2nd Street) Page 7 of 8 - April 25, 2008 7.4 Prepare final surface water management design calculations to serve the proposed roadway improvements. 7.5 Attend one meeting with SLC staff to review the proposed final surface water management system for the project. Agency meetings will occur in the local-regional offices of these permitting agencies. Travel costs for additional meetings with State agencies, in Tallahassee, have not been included. TASK 8 -Landscape, Irrigation, & Lighting Streetscape Design The Taylor Engineering project team will: 8.1 Consult with the CFP to establish appropriate design criteria for the proposed improvements. 8.2 Design and specify entry features. 8.3 Design and specify pedestrian way-finding signage. 8.4 Design an irrigation plan for landscape areas to include construction details and specifications indicating the location of all irrigation heads, valves, mainline pipe, and zone lines. 8.5 Prepare electrical system plan and specifications for well and pump stations and coordinate service points for irrigation pumps. Prepare service point detail to indicate required conduits, conductors, meters, and equipment. 8.6 Coordinate with CFP, conduct field review before design process, and certify final design. 8.7 Submit landscape maintenance plan outlining future horticultural requirements of planted materials. 8.8 Coordinate with CFP to establish design criteria for electrical lighting layout and photometries. 8.9 Prepare electrical lighting and photometric plans and specifications. Please see attached Progressive Design & Engineering, Inc's detailed scope of work proposal. TASK 9 - Public & Task Meetings The scope of work includes an initial kickoff meeting and regular design coordination meetings. An initial kickoff meeting will provide the opportunity to review the overall project scope, review project roles, and responsibilities, and to begin the process of effective communication between the project team members. Regular design coordination meetings will allow for ongoing communication and resolution of key design issues. We have included 3 Community meetings. We have included 9 Task coordination meetings to coordinate our design efforts with those of the other members of the design team. We have assumed the meetings will take place either in Fort Pierce or near the project site. Attachment "A" Port of Fort Pierce Roadway Improvement Project P2007 -042 Permitting and Final Design - PHASE 1 (North 2nd Street) Page 8 of 8 - April 25, 2008 Task 10 -Landowner's Conceptual Plan Taylor Engineering will attend community meeting in Task 9 and develop a "Landowner's" conceptual plan that modifies the present conceptual plan to develop public support for the project. . The Landowner's conceptual plan is an ongoing process during the design. We will attend the 3 community meetings to present the updates to the conceptual plan, See Task 9. These meeting will allow the preliminary design be updated as the Tasks 1 through 8 provide additional information. This forum provides the landowners to continue to comment, allowing greater shareholder access to the project, and may increase the projects support within the community. End of Scope Additional Services Completing this project may require additional services not included in this scope. These additional services may include: A. Environmental impact or hazardous waste studies B. Aerial survey and mapping C. Subsurface utility explorations D. Utility relocation design/plans E. FDOT PD & E Study F. NDEPS plan construction monitoring G. Construction observations H. Construction administration I. Water and sewer utilities extension 1. Geotechnical and Traffic engineering services for the installation of additional signalization improvements at intersections. K. Relocation and design of existing lift station. L. Pollutant source contaminant remediation services. M. Ground water modeling services N. Final ROW Acquisition Information O. Final Stormwater Design P. Final Roadway Design Q. Construction documents R. Final Opinion of Cost for Project. Co .... c Q) E L:- U co t:: « .... >- <lJ .... Q) c .... ;:¡ ..... ü: 0 VI u -c Q)' c Q) N u 'u .... ;:¡ L:- ,~ -' .... c.. .... .... 0 .... VI Z u... lfl Iii o u :!: LU !:: ~ lfl c( I- 0 ,.... ,.... Cl'l 0 0 0 8 .... 00 .... 0 I!! U) ~ U'! U'! U'! U) O'! Cl'l 0 lI'l 0 0 Cl'l 00 U) ..:f LI'Ï .... N N N U) 0 Cl'l 0 .... .... <:t N .... .!!! Cl'l U) ,.... ~ U) ,.... <:t N Cl'l U), .." co ,....' U)' r:t:J' ....' <:t' ....' 0' ,....' <:t' N U)' ..... lI'l ~ <:t lI'l N .... <:t r:t:J N .... 0 0 I- <f. .... <f. .... .... <Il- <Il- <f. <f. <Il- ,.... <Il- <f. <f. <Il- 0 0 0 Cl'l 0 0 0 0 .... 00 00 0 0 0 ~ 0 0 0 0 I!! O'! q 0 0 0 lI'l cO 0 0 0 Cl'l N U) III 0 0 0 00 0 0 0 0 N ,.... 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Q) co 0 Co C u ;:¡ ;:¡ c Q) :!: I- :¡:; 0 tlll '~ Vl ''¡:¡ u co c VI co :!: :¡:; .... L:- C -"" C co .¡: <lJ C 0 tlll 0 III 'ti c Q) V') 0 - :.:J U co -c ~ Q) ñi :¡:; c I- .... c c '¡;; co cð III -c 0 co "tiiJ u õ: -.... 0 tlll 0 ï:: ':; <lJ Q) C U 0 c Co c co C L:- CT u >- ':;" u UJ u u ·tiiJ co ~ ,;¿ u >- u <lJ c( <lJ u 0 Q) Vl :c c ~ ~ ¡¡:: .... ~ .... -c -c <lJ 0 co c c ;:¡ ''¡:¡ co <lJ .... tlll ;:¡ .... ..... .... co co c.. « Vl => I- (!) ~ Vl -' -' ,:.; ~ ..ö öö Ò'Ì Ö N .." LI'l ,.... .... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ VI Vl V') V') VI V') V') Vl Vl V') « c( « « « ;:: ;:: ;:: « ;:: l- I- l- I- l- I- .... - o .... <lJ bO '" c.. ~ ...I ~ <lJ .E u C1I ...I ...I < Page 1 TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2007-042: FT. PIERCE 2ND STREET-FINAL DESIGN & PERMIT PLANS Task Totals 57,720.00 200.00 57,920.00 Task Totals 47.225.67 99,400.00 146.625.67 Attachment C Page 1 of 4 Page 2 P2007-042: FT. PIERCE 2ND STREET·FINAL DESIGN & PERMIT PLANS Page 3 P2007-D42: FT. PIERCE 2ND STREET·FINAL DESIGN & PERMIT PLANS TASK 6: RIW Acquisition Support Services Labor Hours Cost Vice President 1.5 256.50 Director 8.0 1,104.00 Project Professional 72.0 7,128.00 Senior Technician 4.0 348.00 Staff Technician 40.0 2,480.00 Administrative Support 4.0 192.00 Totai Man-Hours 129.5 Labor Cost Non-Labor Units Cost Miscellaneous Office Costs 1.0 200.00 Total Non-Labor Cost Total Task 6 $ TASK 7: Strategic Plan for Surface Water Management System Design Labor Hours Cost JI-Ang Song, P.E. 2.5 557.50 Vice President 5.0 855.00 Director 30.0 4.140.00 Project Professional 232.0 22.968.00 Senior Technician 16.0 1,392.00 Staff Technician 160.0 9.920.00 Administrative Support 8.0 384.00 Total Man-Hours 453.5 Labor Cost Non-Labor Units Cost Miscellaneous Office Costs 1.0 200.00 Total Non-Labor Cost Total Task 7 $ TASK 8: Landscape & Lighting Streetscape Design Labor Hours Cost JI-Ang Song, P.E. 4.0 892.00 Pirector 20.0 2,760.00 Project Professional 240.0 23.760.00 Senior Technician 10.0 870.00 Staff Technician 112.0 6.944.00 Administrative Support 6.0 288.00 Total Man-Hours 392.0 Labor Cost Non-Labo, Units Cost Landscape Architectural services & Lighting 1.0 51.500.00 Miscellaneous Office Costs 1.0 200.00 Total Non-Labor Cost Total Task 8 $ Task Totals 11.508.50 200.00 11,708.50 Task Totals 40,216.50 200.00 40,416.50 Task Totals 35,514.00 51,700.00 87,214.00 Attachment C Page 3 of 4 Page 4 P2007-o42: FT. PIERCE 2NP STREET·FINAL DESIGN & PERMIT PLANS TASK 9: landowner's Conceptual Plan Labor Hours Cost Task Totals JI-Ang Song. P.E. 4.0 892.00 Vice President 2.0 342.00 Director 3.0 414.00 Senior Professional 88.0 9,856.00 Project Professional 72.0 7,128.00 Staff Technician 92.0 5,704.00 Administrative Support 10.0 480.00 Total Man-Hours 271.0 labor Cosl 24.816.00 Non-Labo, Units Cost Trip Public Meeting (WPB to SI. Aug) 1.0 29.61 Miscellaneous Office Costs 1.0 100.00 Total Non-labor Cost 129.61 Total Task 9 $ 24.945.61 TASK 10: Public and Task Meetings Labor Hours Cost Task Totals JI-Ang Song. P.E. 6.0 1.338.00 Vice President 9.0 1.539.00 Senior Professional 36.0 4,032.00 Project Professional 36.0 3,564.00 Administrative Support 12.0 576.00 Total Man-Hours 99.0 labor Cost 11,049.00 Non-Labo, Units Cost Miscellaneous Office Costs 1.0 50.00 Trip Public Meeting (WPB to FI. Pierce) 9.0 266.49 Trip Public Meeting (Jax to FI. Pierce) 9.0 585.00 Food Public Meeting 18.0 270.00 Trip Task Meeting (WPB to FI. Pierce) 9.0 266.49 Food Task Meeting 9.0 135.00 Total Non-Labor Cost 1.572.98 Tota/15.4 $ 12,621.98 Project Total $ 706,312.91 Attachment C Page 4 or " ~ml"1I11111 I- ~ ~I Iti " I Q a lIta!lilli s~li~1 1::I)o~ol: R811' !I!;Qi ~31 I !~IIl:l it'" t:= ~I l- I .'. ~..' "':~'. " _,,'.' ·,Im.' " ... :,'.~ .:':' ~ g -- ~51 c ¡¡; ![ ó ~-~ . ¡¡¡ ; ~ i ¡ g $I li :E i i ;!l " i ~ Ii. ! 1 f i f ¡ i i i! îi l! Š ~ ~ Iio i I ~ f I ë i i ~ " z. J i 1 ;; .:; ! l I ] t t .: i ~ j i i i ¡ ; ! I I i ~ ~ B U ~ ~ ~ . ;5. i" 5J ~ n !l I Ii il~ illi:! * t ~t! >02 ~ i i ui ! ':' 11 11 i i :1 ~1 " B ~ i é f i ¡ Ii ~ t f ~ t .' [ .. 1 o ;1' 5! ~ i! .... ~ ~ . ~ . " .... .. i " i i " " f r J ¡ ,Ii ¡ - i t ~ l I B m j t if ~ ¡ ~ ~ "l! & ! e I i i i ~ , i ~ ~ f f .. " l " ~ i 1 ;; . 0 l; " Il ~ . . " " ; ; i i ~ Si .j ..,.:. ...:ji ~ ~ i i f i f . " .l! ~ ~ .l! f f " Ii I Ii .. j ¡ i ¡¡ .. " . J o ~ '" => z J Ii I ~J ~ l!! 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I 8. i ~ i ~ i ~ I ! i : . i . 1; ,. ;; i ô Ii ~ ~ ¡¡ i i ~ ! II t ., Ii I a. t E 0 iil~; e . a ~ i! i i . ~ ¡ Ii e E Ii I ! l! "U oll ~ I j ~ ! ""': c.¡ " ""'= iI ..... ..... ..... .... ~ c Q ~ ~ ffl 2 ~ ~ g ~I I .~ I I ~ ~ ~ ~ ~ ~ ~ ~ I i ~ ~ ! i ~ ~ ; ~ ~ · i i E i i - i - - i :I :I :I :I ,. :I I ,. : I 1I i ¡ ! ¡ ! i ¡ i i ¡ ¡ · ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ · - - - - - - - - - - - ~ .. . e ¡ I i ~ 'II ¡¡ 1; ~ ,¡¡ r ~ ~ ~ ~ I I . i 4 i i ~I !¡ I· fi iltlli -lr.t ~~"1;u i Ii Ii ~ JO i 8. }. i j f J I ló " ~ il a ¡i it¡!t. ¡ S i ! i ~ ~ ,¡¡ "j i ! Ii Ii. ¡¡ .i t 'Ii .¡ ; 1 ~ : 1! II òll¡i.~u _i ... I' J: .. I! . a :; "I oil fi, s Is: ... .. .: II fa ! i i! i i f ~ f . 1 . t ! ~ ~ ~ t l ii" jli:lâ!I I ~ ~ ~ I ~ ! I IIi I II ~ i t Ii . g . . a ~ ~ c . a ~ ~ ~ 1 ~ i . 1; « if! - t . t ~ I : I ! ! f i , ! , ! ·-¡§I=li~¡j¡! ~ ~ · j ft' t t t · t ~ I & & I ß ~ ß I of " . ""': ~ ~ ""'= ~ ~ ~ ~ ~ ~ ~ ~ ~ . Q mom _ 0 œ ! m " 1; " t I I ~ B . S S i :I 1I 1I 1I . . ~ !:: ; ill! : R ~ R j::lC""¡ 4-1.... ¡:: 0 Q SC""¡ ,l:: () Q <1l 0() 4-1 tll 4-IP-. ~ l l l I I I i i i .. .. .. ~ u u fi Ii ¡ ~ ~ ~ I J I J I J . . . i i ¡ 2 ¡ 2 i .:- N .". IE . . ,. 'I .. 0 CIII ! J J I I ~ ~ .e ~ j j j I ! ! ! , , ; d : .: .... ..... ..... . j! t I ~ e ¡¡: ~ ~ Attachment !I Ell DUNKELBERGER engineering & testing, inc. Taylor Engineering, Inc. 1665 Palm Beach Lakes Blvd, Suite 803 .West Palm Beach, Florida 33401 February 4, 2008 Project No. 07-11-3505 Attention: Mr. Deris H. Bardales, P.E.... via email Subject: Proposed Work Scope-revised North 2nd Street Improvements Fort Pierce, Florida Dear Mr. Bardales: INTRODUCTION Dunkelberger Engineering & Testing, Inc. (DE&T) is pleased to submit our anticipated work scope for the above referenced project. Our proposed scope of work is based on our recent telephone conversations and correspondence with you. Generally, our work scope is to complete a roadway soil survey generally following the guidelines outlined in the FDOT Soils and Foundation Handbook (2004). PROJECT CONSIDERATIONS The project will involve final design of the proposed improvements to North 2nd Street between Seaway Drive and Avenue 0 in Fort Pierce, Florida. The improvements will entail widenin~ approximately one (1) mile of North 2nd Street to a four lane roadway. Presently, North 2n Street is a 2-lane, urban section. In addition, several side roads, namely North Indian River Drive, Avenue H/Fisherman's Whalf, Port Avenue and Avenue 0 will be part of the improvements. The following items will be incorporated into the design of the roadway widening: · New signalization will be added at the intersection of North 2nd Street and Avenue l-IlFisherman's Wharf, as well as three (3) additional intersections. · Up to two new ponds will be required for stormwater management. · Catch basins approximately 300 feet apart will be stationed along North 2nd Street. SCOPE OF STUDY DE&T's geotec.lmical study wìll be conducted to characterize the subsoil and groundwater conditions along the roadway alignment. Our geotechnical work for this project will consist of the following components: 607 NW Commodity Cove, Port St. Lucie, Florida 34986 . Phone (772) 343-9787 . Fax (772) 343-9404 Attachment E Page 1 of 5 Taylor Engineering, Inc. North 2nd Street Improvements Page 2 Document Review 1. Review of D.S.G.S. and S.C.S. maps for indications of potential problematic soil conditions (i.e. muck) along the proposed alignment. Field Exploration Roadway Soil Survey 1. Exploration of the shallow subsurface conditions along the roadway alignment using borings advanced by A TV or truck-mounted drilling rigs or hand-turned augering equipment. We plan to perform auger borings at about 100-foot centers along the roadway. The borings will be positioned at staggered (alternating on each side) locations along the roadway. The borings will be drilled to a depth of 10 feet. A 10- foot Standard Penetration Test (SPT) boring will be performed every 300 feet for proposed catch basin construction. 2. Growldwater levels will be measured in each of the boreholes upon its completion. Additionally, we plan to install shallow, temporary piezometers at approximately ] ,ODD-foot centers to measure the stabilized water table level over a period of time, which helps establish the range of groundwater fluctuations. 3. Samples for corrosion series testing and Limerock Bearing Ratio (LBR) testing will be obtained. 4. Asphalt pavement core samples will be taken f\'Om random sections of the existing pavement(s) to assess pavement qúality. Pond Areas 1. Explore the subsurface conditions at the potentia] pond sites with four (4), 20-foot deep SPT borings. The pond SPT borings which are not utilized for piezometer constlUction will be grout sealed after their completion. 2. Conduct two (2) field permeability tests to assess the hydraulic conductivity of the subsoils within proposed pond areas. The tests will be conducted in 20-foot deep boreholes utilizing the SFWMD usual open hole, constant head test method. 3. Install two (2), 20-foot deep temporary piezometers in potential pond sites. Obtain groundwater readings once per week for 3 weeks. Attachment E Page 2 of 5 . ....a.t..a, Taylor Engineering, Inc. North 2"d Street Improvemeuts Page 3 Mast Arms at Avenue l-IlFisherman's Wharf 1. Exploration of the shallow subsurface conditions for the proposed mast arms to be located at foUl' (4) intersections with four (4) SPT borings drilled to a depth of 35 feet at each intersection. Laboratory Testinl! I. Laboratory examination (classification) of the material samples and physical property tests of same to establish their plasticity, gradation, orgmúc content, Limel'Ock Bearing Ratio (LBR) and corrosivity. RCDortinl! 1. Preparation and submittal of a Roadway Soil Survey Report as generally detailed in Chapter 9 of FDOT's Soils and Foundation Handbook (2004). The report will address plastic or unsuitable soils (limits and volume), if present, projected water table levels, and design/constl1lction options to deal with potential plastic soils and perched water (e.g., medians). The repOlt will include drafted cross-sectional profiles of the subsurface conditions with AASHTO soil classifications. Execution of the field drilling activities will require Maintenance of Traffic (MOT) for right-of- way work and possibly lane closures. We have assumed that the majority of the borings needed for the new alignment will be readily accessible for a conventional truck-mounted drilling rig. We strollgly recommeml tltat tlte project surveyor slIrrey tlte IlOrizontal and vertical positions of tlte borings and piezometers. rllis data (elevations) is key to establishing Cllt depths for unsuitable soils (11If1 the seasollfllltiglt groundwater levels (elevations). COST Our work will be performed on a ID1il rate basis in accordmlce with the fees shown on Attachment A of this proposal. Based 011 our understanding of the project and OUI' scope of work as described herein, we have developed a not-to-exceed cost of $53,558 for performance of the outlined services. We understand that our work will be executed under a subcontract agreement prepared by Taylor Engineering, Inc. 000 Attachment E Page 3 of 5 IlIke"llIer Taylor Engineering, Inc. North 2nd Street Improvements Page 4 We trust that this information is clear and understandable. Please feel free to call if you need any clarification regarding this matter, or ¡fyou need any additional infol111ntion. Sincerely, D&;~EERING & TESTING,INC. Chris L. Mings, P.E. Senior Geotechnical Engineer Attachment E Page 4 of 5 1.lkøllllfllf u .. -6 UI j! t: o a. 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'" o o g '" .. 888888888888 ggggoggggg~Ñ ""''''N:!l''''''~'''ll101~ ¡;¡f:~ut~~~r¿~ ~~ '" ... 88888888 ~~cici¡¡¡gg;t m~ä¡~::!lll~ UÞ ~*... £l " .. E ~{llu", e·" mo c. ,Q .~'~ E~" . - ~ u)... tg~~ 000.......0 "15~Ql ~u.Su. ~ o Z - c ::> o ~ " t~ Eo.. " o v_ "i, => 8 ~ II> g8S8SSggSg8 c:i Ô ci ci ci .-' .0. 0 ci g' u; oOO........~"'~N .... "'''''''NMII> "'''' '" ElJutCIJUJ4ß .." 8888888 l;Ìó~~ggg ",:ß."')"'M~ "'II) 00000. 00000 oò"':o!)j,: ~:!::wü) "''''''' ocococococ ~~;r;r~ u)~~CQta -1 ~ .- '" ì!: ãl a¡ iii u .¡: .c " I s o ~ J!I ~ '" I.! -c <;,g' Ill,!: oñ~ i a;~.~ Ò;Ul2?.l§~ a :ii~j~ ~ g>::i:a15tsco.. w ",.~." .~o-g cj &&&:<33: d .. Z$ Ii liie 00.. ~ ~ ~ ¡,; E .. z Õ ., .õ' a: Attachment E Page 5 of 5 ê·,··--- ff~~!S ;::;; 'j i~. (.X?) ",,';(~:.,;::;';;~:_:' "'.";-....;'," " F ,-;:;~' ,. , MOR(~AN & EKLUNI), INC. PUOPESSIŒ,'AL SUlìVEY CONSUL lA,t'·rrS Apríl 25, 2008 'faylor Engineering, Inc. Attn: Mr. Dcris Bardalcs, ]>.E, 224 Datura Street, Suite 91 5 West Palm I3cach. Florida 33401 RE; Additional Sun'cy Sen'Îccs ror North Second Street, Avelllle II, Port Avt'nue. N-S COnncd(lr Road, A\'cnuc M, \JlcstConnector Road álld Overall Site Drainagt' .Plan, Fort Pierce, FL. De¡~r Oeris: Morg.an & l:::ldulld. Ilw. Îs pleased 10 provide you \Nilh the lbllowing proposal to Furnish protessîorml survey and Itlflpping services lhr the HIJtlve rcfeænced project. I understand the scope of work to include: I. ESI,tblish Additional Horizontal/Vertical Control 2_ LocatÍon Survey Locate propcl1y corners. p£lvcmcnl. buildings, fences, etc. 3. Establish C~cntel'line of I~ight of \\.lay 4. Stllke R/\lIl Centerline and I no' Stations 5. Roadway Cro:,;s-seetiom; 6. Cross-sections Intersecting Roads 7. Drivc.vay Profiles 8. Utility Locatiotl Survey 9. Roadway Plan and Profile 10. Additional Right of Way Parcel Skctchc~ Out cosls to pcrRmn the additional survey services arc as fbllows: Avenue H. '".... h.. .... ....""............... ,.........,.,................ ..$26,535.00 Port Ave. & N-S Connector Road. .. .... ..... ....................... . . ..$19.015.00 Avenue M...............................,... ............................... .$] 6,705.00 West COIl1lC:Ctor Road... .... __......................................... ...$21 ,975.00 Overall Site Drawing Tope)... .... ....... ....... . . ...... ...... . . ... ..... ..$14.970.00 Totlll.... ....., ................. n............ ............................... .$99.200.00 ~'l'-l:; :) -~_ IH0'...1I 1\\-,'\1' ~. ;·.u. BOX TOì 42C), W..\ll,'\~;:::;(). FI. J:N/I)· 1+20 . PHDNE: Ç7'l'1;- J88~):J,b4 . 1,'1\'>; ltlí!l :~&"t :n~¡~î .1111ll1't~all!·{í,lllljJJ~anchL'-llld.<XJ:~: I;;DO ::1.E. 3m. ('JjU~T" SL!TI~¡ I O. )1~:I':I.;)I·lf:·L() IJFACli, ["'L 3:J.'~"ll . PHONKI:~l.~)·\:! 'I:>.i f,~8f!? .. ''',fI,X, IlJ!:I"¡" 421w{J~S 1 ... P""()ll!r.(i}!llIUTt'...aneklllmICln¡~ Attachment F Page 1 of 2 I'aylol' Engineering, Inc. April 25. 2008 Page (2) AlIached please rind the cost bl'eakdown fbr each t:lsk. , .As alwavs, rv10t"garl & Eklund, Inc. appmcíates thìs opportunity to work with Taylor Engin~~ering, J.uc. <lI1d Sf. I.ucie County on this project. Sincel'dy, ~ ~, I~ '~' --~. "~" \) .------ -"--" . .t" ( A;r...... Jo R.I\' ;~gan.lI, ]\.0 Pres!c cnt ~ J R I'll; d]])í Attachment F Page 2 of 2 J: '" w " u m < t5 ~! 'H ~ ~, ~ 11111I11111 ! I rn ~ i ~ ad' ~ o ^ . ~ § ~ - f'! z w ....:> :§~ -O ..0: w" u:> z- 0>- u~ o ð 0: &NO!S9Im1nS'S~ISIll3'" ¡If Ii ~ \ r2 ~~~ , li~ ~~~ ¡ J;;n~~ g o I..· I :! ¡Ii . "s~ e uJ ~ ! h >- ß~ ~~~ ~~~ ~ CI.. 0 Ë 0: c a 0 ~ .~n~<, dsnd N I () ~ œ~ ~ ~~ ~ " "~ ~~ .. ~~ ...: bO ç: 'M ~ µ A J: :r " w " u ~ '" u '" ÇNOISSIl'!Øf1Ç¡S'lOIS~ 3NCZ ON Z~ I- , z ~! ". w ", è~ ;t~ ~!! ~ 1I1111111U ,,> .'c 1-0 ~~~I ..... ..0: '" wo. I; >~i , !î ü" Ü , ffim ¡¡>- I Ii· . " ~ " 0:' Ü~ r¡~ 0 O~ " ~I '" .. 0 ~i e- O< ¡>::l co t:: .,.; ~ .¡ A u z. -, Ci ~ t: z ..: ä: ~ :;' 11I111111 ill æ t~~ 9 ~ ~ >-, <t' 0- " ~ i ~~ ~ ~ ir~ ~ f ~~ ~ ~ ~~ ~ ~ 5~ ~ ~ t;, s ~~ ipS\' R,¡: ~ ~·~~~t '... ~ ._~. ~. '~~!¡<~ ~ ~. . "? ~~ . t ¡. \ .... "'~!:' ~ I s: ti~ :: ~~ ~ Ü' ~: I o ., ;.¡ -U1~ t\i,;!; e ~ ,. " ~<" Cl;~ :: "l u 00 r:: .,.; ~ 1-1 o x AGENDA REQUEST ITEM NO. F2 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS Michael Powley, County Enginee SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) - Construction Engineering and Inspection Services BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds are available in 101006-4116-563012-4108 Transportation TrusVlmpact Fees-Inspection. PREVIOUS ACTION: 6/28/05 - Board approved Work Authorization NO.1 with Kimley-Horn and Associates, Inc., in the amount of $1,635,290, to provide construction engineering and inspection for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road). 5/22/07 - Board approved the First Amendment to Work Authorization No. 1 with Kimley-Horn and Associates, Inc., in the amount of $450,290, to provide additional construction engineering and inspection for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road), and contract extension through September 30, 2007. 11/6/07 - Board approved the Second Amendment to Work Authorization NO.1 with Kimley-Horn and Associates, Inc., in the amount not to exceed $490,240, for the rendering of services to provide additional construction engineering and inspection for the S. 25th Street Roadway Widening Project (Midway Road- Edwards Road), contract extension through June 30, 2008. 4/22/08 - Board approved the redistribution of project funding for SR 615/S. 25th Roadway Widening (Midway Road-Edwards Road) and Midway Road Widening (S. 25th St.-Turnpike bridge). RECOMMENDATION: Staff recommends Board approve the Third Amendment to Work Authorization No. 1 (C03-05-645) which amends Kimley-Horn and Associates' contract to reflect the $200,000 increase and also extends the contract through December 31,2008 for the S. 25th Street Roadway Widening Project (Midway Road- Edwards Road). 1 of 3 ~ COMMISSION ACTION: [)( APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [xJCounty Attorney .~ fnp:fln ¡x]Originating Depl. Public Works~' S. 25th Widening eEl K-H WA1 Afnd3.t9.dOC 2 of 3 glas M. Anderson nty Administrator [JOther [. :purchasing -.J , f ~ DIVISION OF ENGINEERING MEMORANDUM TO: FROM: Board of County Commissioners Mike Powley, County Engineer MVp ~~' July 1,2008 SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) DATE: SUBJECT: BACKGROUND On April 22, 2008, the Board approved additional project funding in the amount of $200,000 for construction engineering and inspection services for SR 615 S. 25th Roadway Widening Project. The attached Third Amendment to Work Authorization No. 1 (C03-05-645) adjusts Kimley-Horn and Associates' written contract to reflect this additional $200,000. This amendment also extends the contract through December 31,2008. 3 of 3 \ "',,:.... THIRD AMENDMENT TO WORK AUTHORIZATION NO.1 Engineering Services Related to Construction Management C03-05-645 S. 25th Street Widening (Midway Road to Edwards Road) Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated May 20, 2003, (the "Agreement") is hereby amended to provide construction engineering and inspection services in the amount not to exceed $2,775,820, an increase of $200,000. The Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All work shall be completed on or before December 31, 2008 according to the Schedule described in Exhibit "C". All other terms and conditions of Work Authorization 1 (C03-05-645) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Third Amendment to Work Authorization No.1 (C03-05-645) to be executed and delivered on the dates below: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Date: 1 of 4 " E:lbibit A SCOPE OF SERVICES The scope of this wOJk is to continue the ongoing cOh81ruction phase services as outlined in the initial 2Slb Street CEI Scope and Fee proposal dated April 19, 2005. The estimate of manpower needed to carty out the scope of work is modified within this proposal to carry the programmed services through the completion of the construction project llIld minor close out task thereafter. 2of4 2. ~~ ., Exhibit B COMPENSATION We will provide the services described in Exhibit A for a cost plus amoœt of $200,000 inclusive of expenses for CEl services. 30f4 ? ..l '"I ,l .". Exhibit C SCHEDULE Construction engineering and inspection services for 25th Street to be completed on or before December 31, 2008. 4of4 if AGENDA REQUEST ITEM NO. F3 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) - Change Order No. 11 BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds will be made available in 101006-4116-563000-4108 Transportation Trust Impact. PREVIOUS ACTION: September 12, 2000 - Board approved the Joint Participation Agreement with FDOT to reimburse, design and construct the S. 25th Street Widening. June 28, 2005 - Board approved award of SR 615 S. 25th 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. 25th 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 (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. 25th 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. 25th 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. Page 1 of 3 March 27, 2007 - Board approved Change Order NO.6 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th . 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. 25th Roadway Widening (Midway Road-Edwards Road), to reduce the contract amount by $717,084.95. April 1 , 2008 - Board approved Change Order No.9 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th 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). March 25, 2008 - Board approved Resolution No. 08-112 and First Amendment to the Joint Participation Agreement with FOOT. April 22, 2008 - Board approved the redistribution of project funding for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) and Midway Road Widening (S. 25th St.-Turnpike bridge). May 6, 2008 - Board approved Change Order NO.1 0 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) in the amount of $191,460.24 and Budget Resolution No. 08-165. RECOMMENDATION: Staff recommends approval of Change Order No. 11 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), in the amount of $51,446.74, for modifications to project quantities and authorization for the Chairman to sign. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ou a . Anderson County Administrator [x]County Attorney '~ ~ \}.:ro"' [x]Originating Dept. Public Works [ ]Finance S. 25" Widening Dickerson C011.ag.do ~. [x]Mgt. & Budget [x]Co. Eng. Mvp ll-- . [ ]Purchasing_ [JOther Page 2 of 3 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVP rhf~ . DATE: July 1,2008 SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) Change Order No. 11 BACKGROUND The widening of S. 25th Street is nearing completion. The current completion date of August 31 is not likely to be extended unless the fabrication of the signal mast arms for Bell Avenue and the new high school are delayed. Change Order No. 11 (attachment "An) tothe contract with Dickerson Florida, Inc., in the amount of $51 ,446.74, is for modifications to project quantities. Modifications have been made to the new Ft. Pierce Central High School signalization in order to come into compliance with the Americans with Disability Act relative to sidewalks, crosswalks and striping at the new Ft. Pierce Central High School. The school board is responsible for all costs related to this work. Modifications are also necessary in order to enclose our irrigation pumps, modify our drainage system to accommodate off-site flows, as well as repair an erosion area, and adjust the irrigation and paving materials quantities. Page 3 of 3 Attachment "A" Project: South 25th St. Widening (Edwards Road-Midway Road) CHANGE ORDER # 11 Contractor Dickerson Florida, Inc. Notice to Proceed Date: 8/812005 Additional Time: 00 Da s 110-4 25-1 Mod-1 3G-171-115 3G-repair 52G-1-10 522-1 81-4 590-70 Enclosure 590-70- Drip 59G-70-Rezone 700-25-241 700-40-1 I-B Repair Signal at Ft. Pierce Central High School Removal of Existing Concrete Asphelt ype B Stabilization (12") Optional Base (Base Group 9) Superpave Asphaltic Concrete (Ine Bit) (1 112) phaltic Concrete Friction Course (Inc BiI) FC 12.5 (FC-6) (1 1/2) Concrete Curb & Gutter (Type F) Concrete Sidewalk (4") Remove Pavers Reinstall Pavers Conduil Underground (F&I) Conduil Under pavement (F&I) Conduil Under pavement (F&I) (Pirectional Bore) Pull & Junction Boxes (F&I) ast Ann No Luminaire (F&I) (B3-02) Mast Ann No Luminaire (F&I) (B3-02) Mast Ann No Luminaire (F&I) (84-84-03) Mast Ann No Luminalre (F&I) (84-84-03) Signal Treffic (F&I) (3 Sect 1 Way) (SpeciaQ 'gnal Trellic (Relocate) (5 Sect 1 Wey) (Special) ignal Padastrian (F&I) (LEO) (1-Way) Signal Pedestrian (F&I) (LEP) (2-Way) ignal Pøclestrian (F&I) (LEO) (2-Way) Ignal Head Auxiliaries (F&I) (Tunnel VISor) Signal Head Auxiliaries (F&I) (Steel Pedastal) ehiela Patactor Assembly (F&I) Optical Type Detector Pad (F&I) )(Det Sta Pole or Cabinet Mtd) Removal of Existing Concrete Asphalt ModiIicelion to Prainaga Structures (2) Pipe Culvert Optional Material (SS) (15") Repair Leak in Existing Pipe Concrete Curb & Gutter (Type F) Concrete Sidewalk (4") Pavers Pump Slab & Fence Enclosure (Pumps "A" & "8") Dripper Line Rezone Irrigation System ( 2 Location) Solid Traffic Stripes (Whitel Black) (24") Sign (Single Post) (Less than 12 SF) rodecl Area Repair @ Isloa Balla Entrance 1 of 2 SY SY SY TN TN LF SY SF SF LF LF LF EA EA EA EA EA AS AS AS AS AS EA EA EA EA $14.00 $3.75 $10.14 $55.38 $78.90 $12.91 $39.22 $3.14 $3.18 $4.26 $8.09 $15.00 $267.31 $28.162.94 $27,165.30 $41.958.00 $42,728.09 $692.00 $1,011.00 $681.00 $681.00 $1,425.32 $8.52 $870.00 $10.200.00 $87.33 SUB·TOTAL $14.00 $4,563.35 $38.44 $3,335.00 $12.91 $39.22 $4.98 $7,105.85 $0.59 $1,000.00 $1.44 $229.00 $7,983.73 SUB·TOTAL SY LS LF LS LF SY SF LS LF LS LF AS LS TOTAL $1,050.00 $375.00 $953.30 $553.80 $789.00 $1,151.90 $1,372.70 $1,835.90 $451.10 ($102.24) ($2,831.50) $5,250.00 ($267.31 $28,152.94 ($27,155.30 ($41,958.00 $42,728.09 ($692.00) $1,011.00 $1,352.00 ($681.00 $1,425.32 $17.04 $870.00 ($10,200.00 ($87.33 $5,405.41 $700.00 $4,563.35 $1.922.00 $3.335.00 $',019.89 $1,372.70 $10,109.40 $7,105.85 $5,371.41 $1,000.00 $100.00 $458.00 $7,983.73 $48,041.33 $51,446.74 HANGE ORDER r. LUCIE COUNTY ROJECT: S. 25th St. Widening (Edwards Rd. - Midway Rd.) lame, address) CHANGE ORDER NUMBER: 11 J (Contractor): INITIATION DATE: 6/4/08 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C05-06-326 CONTRACT DATE: 6/28/05 ickerson Florida, Inc. o Box 910 lrt Pierce, FL 34954-0910 lU are directed to make the following changes in this Contract: ~dditional sheet attached as Exhibit A - Yes) SEE ATTACHED Ie original (Contract Sum) was.............. ................................................................... ............................ ...... ...... $18,457,555.00 ~t change by previous authorized Change orders................................................................................................. $779,621.92 Ie (Contract Sum) prior to this Change Order was ........................................................................................... $19,237,176.92 Ie (Contract Sum) will be increased , this Change Order ...... .............. ........ ........ .......... ....... ............ .... .............................. .......... ..... ............ .......... ......... $51,446.74 Ie new (Contract Sum) including this Change Order will be............................................................................ $19.288,623.66 Ie Contract Time will be unchanged by ......................................................................................................................( 0) Days Ie Date of Substantial Completion as of the date of this Change Order therefore is: 8/31/08 mds Available: Account Number 101006-4116-563000-4108 Ie 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 e Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that e stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays isociated with the interruption of schedules, extended overheads. delay, and cumulative impacts or ripple effect on all other non-affected work Ider this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a suit of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor at the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change 'der after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: 5t. Lucie Countv. Enaineerina Division ArchitectlEngineer 2300 Vir~~~ FL 34982 Adtm· QJl By: Chester Belcher, Project. Mgr. 6/4/08 Date Agreed To: Dickerson Florida, Inc. Contractor Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date ~ O~34954-091O t~" /p jet/oS . , By: Date Approved as to Form and Correctness County Altomey 2 of 2 AGENDA REQUEST ITEM NO. FH- DATE: July 1, 2008 __~ì} REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~-' Donald paUley~ Fa4\- Road & Bridge Manager SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION SUBJECT: Approval of the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FOOT) to enhance the operation of the County's computerized Traffic Signal System and the adoption of Resolution #08-211 authorizing the Chair to sign the JPA. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: No match. 100% funding by FOOT. PREVIOUS ACTION: N/A RECOMMENDATION: Staff Recommends the Board adopt Resolution # 08-211 authorizing the Chair to sign the Joint Participation Agreement with FOOT approving of their funding for increased resources to enhance the operation of the County's computerized Traffic Signal Systems. COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [ x ] Finance (Check for cop only, f applicable) Coordination/Sill~ I^ ,A Á [X]M9t.&BUdget~ [ ] County Engineer [ l Purchasing: [ X ] County Attorney ~. [X l Originating Dept. Pubiic Works [ lOther: Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. .------ - DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners VIA: Road & Bridge Manager ~~ FROM: Traffic Operations Supervisor ~ DATE: July 1, 2008 SUBJECT: Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) BACKGROUND The FDOT will provide $ 350,000.00 over the next ·four years for increased resources to enhance the operation of the County's computerized Traffic Signal System. The first year is in the amount of $200,000.00 to develop a Signal Enhancement Master Plan. The following three years are in the amount of $50,000.00 per year. This funding will allow the County to add technical staff, system operation and maintenance and various system improvements, including signal timing software and signal system hardware to enhance the operation of the S1. Lucie County Computerized Traffic Signal System. These enhancements will specifically improve the areas of system timing plan development, implementation, and system communications network operations and maintenance. The funding shall provide for additional training for the S1. Lucie County Traffic Division Staff. Upon completion of their installation the funding for the system operation and maintenance shall be used for central computers, communications interconnect, and illuminated street name signs. Contract No.: FM Nos.: 409730-2-58-01 FEID No.: VF-591-474-012 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS Joint Participation Agreement (hereinafter referred to as "AGREEMENT"), entered into this day of ,200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and ST. LUCIE COUNTY, at 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA, 34982-5652, hereinafter referred to as the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain enhancements in connection with Financial Management (FM) Number 409730-2-58-01 (Funded in Fiscal Year 2008 - 2012) for the Enhancement and Operations of the Computerized Traffic Control Signal System that monitors and control traffic signals at intersections on the State Highway Roadway System within the limits of St. Lucie County, Florida; Refer to Exhibit "A" and Exhibit "B", Scope of Services and Project Cost and Cash Flow Projection, respectively, attached hereto and made of part hereof; and, WHEREAS, the DEPARTMENT is prepared to contribute funds toward implementing these enhancements consisting of the provision of capabilities for the following: I. Signal system timing plan development and implementation 2. Signal system communications network operations and maintenance 3. Signal system software maintenance WHEREAS, for purposes of this Agreement, enhancements to be made as stated above are hereinafter referred to as the PROJECT; and, WHEREAS, said Project is on the State Highway System, is not revenue producing and is contained in the DEPARTMENT'S Adopted Work Program; and, WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by Resolution No. adopted on , 200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: I. The recitals set forth above are true and correct and are deemed incorporated herein. A Page I 2. The COUNTY shall commence and complete the Project as described in Exhibit "A" with all practical dispatch in a sound, economical, and efficient manner and in accordance with the provisions herein. The COUNTY shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The DEPARTMENT shall make available to the COUNTY upon request any design plans, standards, or specifications relevant to the COUNTY enhancement activities. The COUNTY shall be responsible for verifying the accuracy of design plans as supplied by the Department and shall revise them as necessary to reflect current conditions. 4. The COUNTY shall have the sole responsibility for resolving claims and requests for additional work for the Project. The COUNTY will make best efforts to obtain the DEPARTMENT input in its decisions. 5. The DEPARTMENT agrees to pay the COUNTY for services described in Exhibit "A" of this Agreement. The total DEPARTMENT share towards this PROJECT is an estimated amount not to exceed THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00), for actual costs incurred. This amount is based upon the estimate set forth in Exhibit "B". In the event the actual cost of the PROJECT exceeds the DEPARTMENT'S share of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00), the overruns in the cost shall be the sole responsibility of the COUNTY. The Project cost shall be allocated and expended in accordance with the Project Cost and Cash Flow Projection as outlined in the attached Exhibit "B". Any remaining funding not expended after the DEPARTMENT has reimbursed the COUNTY for actual cost and expenditures on the project, during the DEPARTMENT'S fiscal year, will be unencumbered and removed from the contract 120 days after the end of DEPARTMENT'S fiscal year. 6. In order for the COUNTY to obtain payment for services under this Agreement, the COUNTY shall submit the following: a) Quarterly progress report(s) reflecting the invoice period. b) Quarterly Invoice in Department Approved Format c) Documentation supporting the invoice amount. Supporting documentation shall include copies of employee timesheets and payroll information, invoices for purchases, training, etc. The first invoice submitted should be for compensation for the completion of the Signal System Enhancement Master Plan 7. The COUNTY will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit "C" and Exhibit "D", respectively which are attached hereto and made part of this Agreement. 8. The COUNTY must submit the final invoice to the DEPARTMENT within 120 days after the final acceptance of the Project. Invoices submitted after the 120 days time period will not be paid. A Page 2 9. The COUNTY acknowledges and agrees that the DEPARTMENT'S obligation to pay the sum set forth herein is contingent upon an annual appropriation by the Florida Legislature. 10. In the event the Project costs or Project modifications increase or exceed the amount authorized in paragraph 5, the DEPARTMENT and the COUNTY shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to complete the Project. Any funding increase or modifications to the Project shall be added by means of an Amendment to the Agreement to be signed by both parties before work is undertaken. However, in the event the COUNTY and the DEPARTMENT fail to negotiate an Amendment for any reason whatsoever, then the increase in the Project costs will be the sole responsibility of the COUNTY. 11. Project costs eligible for DEPARTMENT participation will be allowed only from the date of this Agreement. It is understood that DEPARTMENT participation in eligible Project costs is subject to: a) Legislative approval of the DEPARTMENT'S appropriation request in the Work Program year that the Project is scheduled to be committed. b) The understanding that disbursement of funds will be made in accordance with the cash forecast described in Exhibit B. c) Availability of funds. d) Approval of all plans, specifications, contracts, and all other terms of this Agreement. 12. The COUNTY shall provide the DEPARTMENT with a time-phased schedule of the DEPARTMENT funds to be expended on the Project. This schedule shall show estimated disbursements for the entire term of the Project by quarter of each fiscal year. The schedule may be divided by Project phase where such division is determined to be appropriate by the DEPARTMENT. 13. The COUNTY shall establish for the Project, in conformity with uniform requirements that may be established by the DEPARTMENT, program guidelines, or procedures to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the 'Project Account'. The Project Account information shall be made available upon request by the DEPARTMENT at any time during the period of this Agreement and for a period of five years after the final payment is made. 14. All costs charged to the Project, including any approved services contributed by the COUNTY or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail acceptable to the DEPARTMENT the nature and propriety of the Project charges. 15. The COUNTY shall provide to the DEPARTMENT for each of its fiscal years for which the Project account remains open, an audit report prepared either by its official auditor or audit agency or an independent Certified Public Accountant, reflecting the use of the fund of the DEPARTMENT, the COUNTY, and those from any other source with respect to the A Page 3 22. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangement between the parties. 23. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 24. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2012, whichever occurs first. 25. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statues. 26. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the DEPARTMENT'S Project Manager prior to payments. The DEPARTMENT will render a decision on the acceptability of services within 10 working days of receipt of a Progress Report. The DEPARTMENT reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the DEPARTMENT. Any payment withheld will be released and paid to the COUNTY promptly when work is subsequently performed. 27. Bills for fees or other compensation for services for expenses shall be submitted in detail sufficient for proper preaudit and postaudit thereof 28. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice from the COUNTY, the DEPARTMENT has (10) ten working days to inspect and approve the goods and services where working day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. The DEPARTMENT has 20 calendar days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 calendar days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 29. If payment is not available within 40 calendar days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties ofless than one (1) dollar will not be enforced, unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Page 5 30. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline at 1-800-848-3792. 31. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY'S general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 32. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.l35(6)(a), Florida Statutes, are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 33. The COUNTY will comply with all Federal, State, and Local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under the Agreement. 34. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 35. With respect to any of the COUNTY'S agents, consultants, sub consultants, contractors, and/or sub-contractors, such party in any contract for this Project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, sub consultants, contractors and/or subcontractors. The COUNTY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically A Page 6 understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 36. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 37. This document incorporates and includes all prior negottattons, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the tenus and conditions contained herein shall be effective unless contained in a written document executed with the same fonuality and of equal dignity herewith. 38. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Marilda Hoover A second copy to: District General Counsel If to the COUNTY: 8t. Lucie County 2300 Virginia Avenue, Fort Pierce, Florida, 34982-5652 Attn: Ann Amandro With A Copy to: City Attorney A Page 7 EXHIBIT' A' SCOPE OF SERVICES PROJECT DESCRIPTION: Initially this Project will fund an upgrade to the existing computerized traffic signal closed loop system in order to enhance system operations and maintenance. Thereafter, the Project will fund phased deployment of the upgrades. The upgrade proposal shall be detailed in a document called the Signal System Enhancement Master Plan and shall be developed by St. Lucie County Traffic signal specialists using the services of a certified Professional Engineer Consultant to be hired by the COUNTY in accordance with this Agreement. This Mater Plan shall include: · Inventory of system control equipment and verification of operational effectiveness. This includes all system components such as cabinet assemblies, zone masters, modems, and detection devices. · Evaluate the existing software that controls system operations and its efficiency, and produce an evaluation of options of upgrades to this software in order to provide the best control and signal system operation and efficiency for the system expansion. · Catalog and evaluate system malfunctions to determine cause and establish proposals for enhancements to the system and the best forms of system reports and malfunction alarms. · Empirical testing and monitoring of new system communications, software and devices of new proposed system. The County shall first obtain approval from the Department of the Master Plan document as described above, and subsequent approval for the deployment of the upgrades to the proposed signal system. After the completion and approval of the Master Plan, funding shall be used to obtain new signal system component installations and communications hardware needed to optimize the operational efficiency of the upgraded closed loop signal system. Before purchase by the County, the Department shall review and approve all proposed software, hardware and communication media to be purchased through this Project. Upon completion of installation of upgraded signal system, funding shall be obtained to maintain the system and communications hardware needed to optimize the operational efficiency of the new closed loop signal system. Reimbursable items include the payment of related telephone company service charges, locate services, and system component (modem, cable, etc.) upgrades. This Agreement also provides funding for other traffic signal system improvements, which includes, signal timing software that will enable the staff to develop signal timing plans. Priority will be given to the development and implementation of system timing plans for intersections on the State Highway System. Every month the County shall submit a listing to the Department of corridors with no less than 60 percent of total signals retimed under work associated with this contract. It Page 9 Additional activities that are eligible for participation under this Agreement include: Training for the Saint Lucie County Traffic Division Staff is also eligible for participation under this Agreement. The additional training will improve the ability of staff to develop signal timing plans and maintain signal system operation. The Department shall approve in advance any staff training. SPECIAL CONSIDERATIONS BY COUNTY: Audits: See Exhibit 'c' Technical Work: The County shall obtain prior written approval of any signal system field, communication or central site hardware/software enhancement or modification from the Department. The County shall provide a detailed description of each enhancement and any associated licensing agreement. PrOl!:ress Report: The County shall prepare progress reports for submission to the Department along with its request for payment. These reports shall be presented in a format which is acceptable to the Department and shall identify the progress of technical work which shall include the road segments on which signal coordination and retiming was performed including the total number of signals retimed, percent of signal retimed on the State Highway System, percent of signals retimed on the non-state signals and the percent of expected delay reduction. A Page 10 Exhibit 'Ð' Project Cost and Cash Flow Project ESTIMATED PROJECT COST AND CASH FLOWS: The following cash flow projection is expected for the Project ($ x 1000) and contingent upon legislative budget approval each Fiscal Year. Fiscal Year 101 Qtr. 2nd Qtr. 3rd Qtr. 41h Qtr. FY Total FY 08/09 50 50 50 50 200 FY 09/10 12.5 12.5 12.5 12.5 50 FY 10/11 12.5 12.5 12.5 12.5 50 FY 11/12 12.5 12.5 12.5 12.5 50 TOTAL $350,000.00 A pA6é II EXHIBIT "C" FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to ST. LUCIE COUNTY may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to ST. LUCIE COUNTY regarding such audit. ST. LUCIE COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the follOWing criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. This agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or A. I'IArJ:" /7 10.650' (nonprofit and for-profit organizations), Rules of the Auditor General. This agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. A pAGE /2; 2. In the' event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directlv to each of the following: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. A f~1e /'1 PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. A pajf: 15 EXHIBIT "D" SINGLE AUDIT COMPLIANCE REQUIREMENTS FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount DOT 55.023 State Highway Project Reimbursement (Department of Transportation) Activities Allowed: Allowable Costs: Cash Management: Eligibility: Equipment / Real Property Management: Matching: Period of Availability: Reporting: Sub recipient Monitoring: $350,000.00 Project costs must be incurred subsequent to agreement execution (contract provision). Project scope of services identifies the types of work that are eligible for reimbursement (contract provision). Identified in the contract document up to a lump sum or maximum limiting amount. Not applicable. Project must be on the State Highway System. Not applicable. Not applicable. State Fiscal Year: July I to June 30. The contract must be executed during the fiscal year for which state funds are programmed. Once committed, the funds certify forward across fiscal years for the life of the contract. Project costs are reviewed and approved upon receipt of an invoice from the county of municipality. The county or municipality is responsible for monitoring to work of subrecipients. Sub recipient invoices are reviewed, verified and paid by the county of municipality. County or municipality invoices are then reviewed and approved for payment by FDOT. Subrecipients do not invoice FDOT directly. A pay-e ) (p RESOLUTION NO, 08-211 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENT TO PROVIDE FUNDING FOR INCREASED RESOURCES TO ENHANCE THE OPERATION OF THE COUNTY'S COMPUTERIZED TRAFFIC SIGNAL SYSTEM BY THE ST, LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations, 1. The Department and the County are desirous of having the County make certain improvements with the Department providing the funding for increased resources to enhance the operation of the County's computerized Traffic Signal System. 2. This Board should authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation to provide funding for increased Resources to enhance the operation of the County's computerized Traffic Signal System. NOW, THEREFORE, BE IT RESOLVED by the Board of County of St. Lucie County Commissioners of St. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation to provide funding for increased resources to enhance the operation of the County's computerized Traffic Signal System. IS P//6£ t 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Joint Participation Agreement approved by this resolution; and further, the County Attorney hereby authorized to execute the agreement by approving it as to legal form and correctness. After a motion and second the vote on this resolution was as follows: Chair Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft PASSED AND DULY ADOPTED this1 st day of July, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Res08-211 JPA Grant FOOT.doc ,8 pa.ße 2 ..~ '" .,. AGENDA REOUEST ITEM NO. G I DATE: July 1, 2008 REGULAR [ PUBLIC HEARING [ CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sherilrs Office PRESENTED BY: Sheriff's Office SUBJECT: Request to Apply for COPS 2008 Child Sexual Predator Program (CSPP) BACKGROUND: S1. Lucie County Sheriff's Office has been invited to apply for a COPS 2008 Child Sexual Predator Program (CSPP) grant. The CSPP program provides funding directly to law enforcement agencies to reduce child endangerment. This grant will give our agency the opportunity to enhance our strategies to locate, arrest, and prosecute child sexual predators and exploiters as well as enforce state sex offender registration laws. This is a two year program and funding is capped at $500,000.00. There is no cash or in-kind match requirements for this grant program. The St. Lucie County Sheriff's Office plans to use part of this funding to hire two new entry level sworn deputies and submit a grant budget that will cover 100% of the salary and benefits for the two year period. Unlike other COPS grants, this grant does not have any retention requirements once grant funding is exhausted. In addition, if funded, our agency will redeploy two "well seasoned" deputies to implement and manage the program. Additional grant funding will be used for program related over-time cost, equipment, travel, and supplies. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the S1. Lucie County Sheriff's Office submission of a COPS 2008 Child Sexual Predator Program (CSPP) grant application. COMMISSION ACTION: [~ APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 County Attorney: 'ìœ,.-þ"' n·n'\ Coordination/Signatures Management & Budget: l<{# ~~rchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) "" ,. '..( Office of the Sheriff Memo To: St. Lucie County Board of County Commissioners ~o From: Sheriff Ken J. Mascar:70/ Date: June 17, 2008 He: Permission to apply for the COPS 2008 Clúld Sexual Predator Program (CSPP) grant St. Lucie County Sheriffs Office has been invited to apply for a COPS 2008 Child Sexual Predator Program (CSPP) grant. The CSPP program provides funding directly to law enforcement agencies to reduce child endangerment. Tills grant will give our agency the opportunity to enhance our strategies to locate, arrest, and prosecute child sexual predators and exploiters as well as enforce state sex offender registration laws. Tills is a two year program and funding is capped at $500,000.00. There is no cash or in-kind match requirements for tills grant program. The St. Lucie County Sheriffs Office plans to use part of this funding to hire two new entry level sworn deputies and submit a grant budget that will cover 100% ofthe salary and benefits for the two year period. Unlike other COPS grants, tills grant does not have any retention requirements once grant funding is exhausted. In addition, if funded, our agency will redeploy two "well seasoned" deputies to implement and manage the program. Additional grant funding will be used for program related over-time cost, equipment, travel, and supplies. On July 1,2008, we will be asking the B.O.C.C. to approve the St. Lucie County Sheriffs Office submission of a 2008 COPS Child Sexual Predator grant application. ds C. Chief Garry Wilson Major Michael Monahan Toby Long, Director of Finance Captain Mark Schimpf -----Original Message----- From: Cops_Info [mailto:Cops_Info@usdoj.gov] Sent: Tuesday, June 03, 2008 5:36 PM To: Neil Spector Subject: COPS 2008 Child Sexual Predator Program (CSPP) United States Department of Justice office of Community Oriented Policing Services Office afthe Director 1100 VennontAvenue, NW Washington, DC 20530 June 3, 2008 Dear Colleague: Weare pleased to inform you that your jurisdiction has been selected by the Office of Community Oriented Policing Services (COPS) to apply for grant funding under the COPS 2008 Child Sexual Predator Program (CSPP). CSPP provides funding directly to law enforcement agencies to reduce child endangerment. These grants will allow recipients the opportunity to establish and/or enhance strategies to locate, arrest, and prosecute child sexual predators and exploiters as well as enforce state sex offender registration laws. Approximately $10 million in funding is available under this targeted and competitive, peer- reviewed grant program. Awards will be capped at $500,000 per jurisdiction, and agencies are required to partner and coordinate with their district U.S. Attorney's Office (USAO). Agencies may request funding to pay for sworn/civilian personnel, equipment and technology, and training costs associated with the program. There will also be both mandatory and optional direct technical assistance opportunities to provide 2008 Child Sexual Predator Program grantees with the tools and training necessary to ensure successful project implementation. This includes mandatory attendance at a technical assistance conference "kick-off' event and additional on-site assistance and support that will be offered by a training provider to be designated by the COPS Office. At minimum, successful applicants must partner with their district USAOs, and priority consideration will be given to those applicants that also demonstrate a partnership with their United States Marshal. Furthermore, preference will be given to those proposals that demonstrate a multi-jurisdictional and/or multi-disciplinary approach to locating, arresting, and prosecuting child sexual predators. The COPS Office also encourages the development of (or support of existing) task forces focused exclusively on such efforts. Applications will be peer reviewed and funding awarded based on the scope of the existing problem, the need for additional resources in this area, the quality and likelihood of success of the proposed strategies (including the value of the proposed partnerships), and plans for sustaining these strategies after the end of the grant period. There are two \vays to apply for the CSPP grant program: 1) You may obtain a copy of the application materials by calling the COPS Response Center at 1.800.421.6770. or 2) you may print the application materials from a \\Titeable PDF file that is available for download from W\\".coPs.usdoi.gov/htmVgud funding/csp.htm. [If you elect to use this format. please understand that you may not submit your application via e-mail. It must be mailed and postmarked as instructed below and must contain original signatures.] In addition. it is anticipated that you may also be able to apply on-line at \\ì\w.!!rants.ŒOV starting in late June 2008. To check on the availability of the application and apply on-line. go to https://applvgrants!!ov/fonns apps idx.html. The opportunity code for this program is COPS- CSPP-2008-1. To be considered for funding, completed applications must be submitted on-line or postmarked no later than July 3, 2008. If you choose to request and complete a paper copy of the application, please provide one original and two copies. The completed application can be mailed to: Office of Community Oriented Policing Services (COPS) Attention: CSPP, 8th Hoor 11 00 Vermont Avenue, NW Washington, D.C. 20530 (If sending via an express delivery service, please use 20005 as the zip code.) We thank you in advance for your support of the 2008 Child Sexual Predator Program. If you have any questions or would like to request a paper version of the application kit, please feel free to contact the COPS Response Center at 800.421.6770. Sincerely, Qj\(~ Carl R. Peed Director Standard Application Forms FL0560000 SECTION 14: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS Certification of Review of 28 C. F. R. Parl 231Criminaf Intelligence Systems You must answer this question regardless of the type of COPS grant for which you are applying. Please review the COPS Application Guide: Legal Requirements Section for additional information. Please check one of the following, as applicable to your agency's intended use of this grant: III No, my agency wiil not use these COPS grant funds (if awarded) to operate an interjurisdictional criminal intelligence system. Id Yes, my agency will use these COPS grant funds (if awarded) to operate an inte~urisdictional criminal intelligence system. By signing below, we assure that our agency will comply with the requirements of 28 C.F.R. Part 23. The signatures of the Law Enforcement ExecutivelProgram Official and Government Executive/Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements: 1) Assures the COPS Office that the applicant wiil comply with all legal, administrative, and programmatic requirements that govern the applicant for acceptance and use of federal funds as outiined in the applicable COPS Application Guide; AND 2) Attests to the accuracy of the information submitted with this application (induding the Budget Detail Worksheets). The signatures on the reverse side of this page must be made by the actual executives named on this application unless there Is an officially documented authorization for a delegated signature. If your jurisdiction has such an official document. it must be attached to this application. Applications with missing, incomplete, or inaccurate signatures or responses may not be considered for funding. Stamped or electronic signatures (unless applying online via Grants.gov) also will not be accepted. Original signatures are required. Faxed copies will not be accepted. Applications postmarked alter the final application deadline date may not be considered for funding Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Deparlment of Justice determines to award the covered grant Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws. and/or is not cooperating with an ongoing federal civil rights investigation, andlor is not cooperating with a COPS Office compliance investigation concerning a current grant award. By signing on the reverse side of this page, I certify that I have read, understand, and agree, if awarded. to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, andlor any other remedy available by law to the federal government 26 Standard Application Forms Law Enforcement Executive/Prograntßfficial's Signature: /' £-7' .. . y f/,·/ /'7?' / k/~/ / /:;4 /J // ,c· /,." .J.!-'j;:/ ,/;:./ ,,~ (SignáÍure of personnam-ed in Section 2 of this form) Date: k/h/:f'~ .' / Govern,!!~ Executive/Financial Official's Signature: .,.;/ Date: (Signature of person named in Section 2 of this form) Official Partner(s) Signature: Date: (Signature of person(s) named in Section 12 of this form, if applicable) Date: (Signature of person(s) named in Section 12 of this form, if applicable) Date: (Signature of person(s) named in Section 12 of this form, if applicable) Date: (Signature of person(s) named in Section 12 of this form, if applicable) 27 Standard Application Forms FL0560000 SECTION 15: ASSURANCES Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply w~h these provisions. If you would like further information about any of these assurances. please contact your state's COPS Grant Program Specialist at (800) 421-6770. By the applicanfs authorized representative's signature. the applicant assures that ~ will comply w~h all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular. the applicant assures us that 1. It has been legally and officially authorized by the appropriate governing body (for example. mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf w~h respect to any issues that may arise during processing of this application. 2. It will C0rT1>1y w~h the provisions of federal law, which lim~ certain political activities of grantee employees whose principal employment is in connection w~h an activity financed in whole or in part w~h this grant These restrictions are set forth in 5 U.S.C. § 1501, etseq. 3. It will comply w~h the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. 4. It will establish safeguards. if it has nol done so already. to prohibit employees from using their positions for a purpose thai is. or gives the appearance of being. motivated by a desire for private gain for themselves or others. particulll'ly those with whom they have family. business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant 6. It will comply w~h all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant. including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements): 2 CFR Part 225 (OMB Circular A-87). 2 CFR 220 (OMB Circular A-21), 2 CFR Part 230 (OMB Circular A-122) and 48 CFR Part 31.000. et seq. (FAR 31.2) (governing cost priniciples): OMB Circular A-133 (governing audits) and other applicable OMB circulars: the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968. as amended: 28 CFR Part 38.1: the current edition of the COPS Grant Monitoring Standards and Guidelines: the applicable COPS Grant Owners Manuals: and with aU other applicable program requirements. laws. orders. regulations. or circulars. 7. If applicable. ~ will. to the extent practicable and consistent with applicable law. seek. recru~ and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks w~hin the sworn positions in the agency. 8. It will not. on the ground of race. color. religion. national origin. gender. disability or age. unlawfUlly exclude any person from 28 participation in. deny the benef~s of or employment to any person. or subject any person to discrimination in connection w~h any programs or activities funded in whole or in part w~h federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)): Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d): the Indian Civil Rights Act (25 U.S.C. §§ 1301-13031: Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794): Title II. Subtille A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101. et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101. et seq.); and Department of Justice Non- Discrimination Regulations contained in Tille 28. Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion. national origin, gender. disability or age against the applicant after a due process hearing, rt agrees to forward a copy of the finding to the Office of Civil Rights. Office of Justice Programs, 810 7th Street. NW, Washington, D.C. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1.000.000 in grants over an eighteen-month period), must submit an acceptable Equal Employment Opportunity Plan ("EEOP'l or EEOP short form (if grantee is requi'ed to submit an EEOP under 28 CFR 42.302). that is approved by the Office of Justice Programs. Office for Civil Rights within 60 days of the award start date. For grants under $500,000. but over $25.000. or for grantees with fewer than 50 employees. the grantee must submit an EEOP Certification. (Grantees of less than $25.000 are not subject to the EEOP requirement. ) 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117. pages 41455-41472)). under Tille VI of the Civi Rights Act of 1964. it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilrties under its ownership. lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. Standard Application Forms 11. If the applicanfs state has established a review and comment procedure under Executive Order 12372 and has selected this program for review. it has made this application available for review by the state Single Point of Contact 12. tt will submit all surveys. interview protocols. and other information collections to the COPS Office for submission to the Ollice of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants_ 14. Pursuant to Executive Order 13043. it will enforce on-the-job seat bell policies and programs for employees when operating agency-owned. rented or personally-owned vehicles. 15. It will not use COPS funds to supplant (replace) state. local. or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant. as applicable. 16. If the awarded grant contains a retention requirement. IT will retain the increased officer staffing level and/or the increased officer redeployment level. as applicable. with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress. a jurisdiction. or an official of any government. to favor. adopt. or oppose. by vote or otherwise, any legislation, law ratification. policy or appropriation whether before or after the introduction of any bill. measure, or resolution proposing such legislation. law, ratification. policy or appropriation as set forth in the Anti-Lobby Act, 18 U.SC 1913. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment. disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. elieve the grantee entity of its obligations under this grant Signat of Law Enforç.etnent Executive (or Official with Programmatic Authqmy, as applicable) / Signature of Government Executive (or Official with Financial Authority, as applicable) ~~~ Date/ Date 29 Standard Application Forms FLD56DDDD SECTION 16: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies. A~hough the Department of Justice has made ever¡ effort to silr4llify the application process. other provisions of federal law require us to seek your agency's certification regarding certain matters_ Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant Signing this form complies with certification requirements under 28 CFR Part 69. "New Restrictions on Lobbying," 28 CFR Part 67. "Government-Wide Debarment and Suspension {Nonprocurement)." 28 CFR Part 83 Government-Wide Requirements for Drug-Free Workplace (Grants)." and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to awërd the covered grant 1. Lobbying As required by Section 1352. nle 31 of the U.S Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Përt 69. the applicant certifies that A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attelr4lting to influence an officer or employee of any agency. a member of Congress. an officer or employee of Congress. or an employee of a member of Congress in connection with the making of any federal grant the entering into of any cooperative agreement: and the extension, continuation. renewal. amendment or modification of any federal grant or cooperative agreement B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency. a member of Congress. an offICer or employee of Congress. or an employee of a member of Congress in connection with this federal grant or cooperative agreement the undersigned shall complete and submit Standard Form - LLL "Disclosure of Lobbying Activities." in accordance with its instructions: C. The undersigned shall require that the language of this certification be included in the award documents for all subawërds at all tiers (including subgrants, contracts under grants and cooperative agreements. and subcontracts) and that all sub-recipients shall certify and disclose accordingly_ 2. Debarment Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549. Debarment and Suspension. and implemented at 2 CFR Part 2867. for prospective participants in primary covered transactions_ as defined at 2 CFR Part 2867. Section 2867.437 - A. The applicant certifies that it and its principals: (i) Are not presently debarred. suspended. proposed for debarment. declared ineligible, sentenced to a denial of federal benefits by a state or federal court. or voluntarily excluded from covered transactions by any federal department or agency: 30 (ii) Have not within a three-year period preceding this application been convicted of or had a civü judgment rendered against them for commission of fraud or a C1iminal offense in connection with obtaining. attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction: violation of federal or state antitrust statutes or commission of embezzlement, theft. forgery. bribery, falsification or destruction of records. making false statements. tax evasion or receiving stolen property. making false claims, or obstruction of justice, or commission of any ollense indicating a lack of business integrity or business honesty that serious~ and directly affects your present responsibility. (Iii) Are not presentiy indicted for or otherwise criminally or civil~ charged by a governmental entity (federal state or local) with commission of any of the offenses enumerated in paragraph (A~ii) of this certification: and (iv) Have not within a three-year period preceding this ~plication had one or more public transactions (federal. slate or local) terminated for cause or default: and B. Where the applicant is unable 10 certify to any of the statements in this certification. he or she shall attach an explanation to this ~plication. 3. Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and il11llemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510- A. The applicant certifies that it will. or will continue to. provide a drug- free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture. distribution, dispensing. possession or use of a controlled substance is prohib~ed in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (ii) Establishing an on-going drug-free awareness program to inform employees about- Standard Application Forms (a) Tha dangers of drug abusa in the workplace: (b) The grantee's policy of maintaining a drug-free workplace; (c) Any aveilable drug counseling. rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug- abuse violations occurring in the workplace: (Hi) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i): (iv) Notifying the employee in the statement required by paragraph (i) that as a condition of employment under the grant the employee will- (a) Abide by the terms of the statement, and {b} Notify the employer in writing of his or her conviction for a violation of a crininal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph Ov){b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to; COPS Office, 1100 VerrnontAve., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted- (a) Taking appropriate personnel action against such an employee, up to and including termination. consistent with the requirements of the Rehabilitation Act of 1973. as amended; or (b) Requirîl1g such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health. law enforcement or other appropriate agency: (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii), (in), (iv), (v) and (vi). B. The grantee may insert in the space provided below the sita(s) for the performance of work done in connection with the specific grant Place of performance (slreet address, city. county. state, zip code) 4700 W. Midwav Road, Port Saint Lucie, FL 349 Check (] if there are workplaces on file that are not identified here. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certfy that there has been appropriate coordination with all agencies that may be atfected by the applicant's grant proposal if approved. Affected agencies may include, among others. the OffICe of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: S1. Lucie County Sheriff's Office Grantee IRSI Vendor Number: 596000838 False statements or claims made in connection with COPS grants {induding cooperative agreements} may result in fines, il11lrisonment disbarment from participating in federal grants or contracts. and/or any other remedy availæle by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant Typed Name and TIUe of Law Enforcement Executive (or OffICial with Programmatic Authority, as applicable): ::~~Ä DO.. ~pp Typed Name and T;¡tJe'(;¡ Government Executive (or Official with Financial Authority, as applicable): Douglas M. Anderson / Signature: Date: 31 Required Application Documents and Sections for CSPP Applications Listed below is a charl that shows the required documentation that must be completed and submitted for your application to be considered complete. Failure to submit all required documentation at the time of application may delay processing and/or result in the denial of your application. Unless otherwise noted, each section listed must be completed in its entirety. You can use this charl as an application checklist to ensure you have met all of the necessary requirements. Required? Application Documents & Sections Yes, No or Possible Completed? (dependent upon agency) 1. Standard Form 424 Yes 0 2. COPS Application Attachment to SF-424 Yes 0 Section 1: COPS Program Request Yes 0 Section 2: Executive Information Yes 0 Section 3: General Agency Information Yes 0 Section 4: Law Enforcement & Community Yes 0 Policing Strategy Section 5: Continuation of Project After No 0 Federal Funding Ends Section 6: Need for Federal Assistance Yes 0 Section 7: Waivers of the Local Match No 0 Section 8: Executive Summary Yes 0 Section 9: Project Description (Narrative) Yes 0 Section 10: Budget Narrative Yes 0 Section 11: Memorandum of Understanding Possible 0 Section 12: Official Partner(s) Contact . Yes (list USAO and any other 0 Information relevant partners) Section 13: Incident Data No 0 Section 14: Certification of Review and Representation of Compliance with Yes 0 Requirements Section 15: Standard Assurances Yes 0 Section 16: Standard Certifications Yes 0 3. Standard Form LLL: Disclosure of Lobbying Activities Possible 0 4. Budget Detail Worksheets (Sections A, S, C, D, E, F, G, and Budget Summary) Yes 0 24 AGENDA REOUEST ITEM NO. ~ DATE: <£\~ I, doo~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] ~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: St. Lucie County Sheriff's Office Toby Long Director of Finance SUBJECT: Budget Amendment in the amount of $316,571.00 BACKGROUND: During the budget workshop for the 2007-2008 Budget, the Board agreed to return to the Sheriff all interest earned on investments of the Sheriff's Office for the purpose of purchasing replacement vehicles. I am requesting use of interest collected during the 2006/2007 Budget Year. FUNDS WILL BE MADE AVAILABLE IN: Funds will be made available during fund balance forward adjustments. Account Number: 107-8191-599042-800 (Law Enforcement) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's request for bUdget amendment to increase the budget $316,571.00 for the purchase of replacement vehicles. [x] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 uglas Anderson County Administrator COMMISSION ACTION: County ALLorney: Review and APprovalS~ Management & Budget '\f\\ Other: Purchasing: Originõlling Dept. Other: Fillance: (Check for Copy only, if applicable) Eft. 5/96 .. AGENDA REQUEST ITEM NO. l:U DATE: July 1, 2008 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] SUBJECT: Planning & Zoning Commission TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration BACKGROUND: Commissioner Smith has requested that Mr. Bryan Beaty serve as his appointee on the Planning & Zoning Commission. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Mr. Bryan Beaty to the Planning & Zoning Commission. COMMISSION ACTION: ~APPROVED 0 DENIED o OTHER: Approved 5-0 Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 Page 1 of 1 Missy Stiadle - P&Z Appointment From: To: Date: Subject: cc: Carin Smith Givens, Deanna; Stiadle, Missy 6/12/200810:17 AM P&z Appointment bbeaty@ircc.edu; Meyer, Robin; Satterlee, Mark Commissioner Smith is appointing Bryan Beaty to the Planning and Zoning Commission. Missy - can you please do an addition and place this on the 6/17 agenda so that Mr. Beaty may attend the next Planning and Zoning meeting on 6/197 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\Administrator\Local Settings\Temp\XPgrpwise\4850F7 A... 6/12/2008 AGENDA REOUEST .TEM NO. H2 DATE. July 1, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO. Board of County Commissioners PRESENTED BV. SUBMITTED BV (DEPT). Administration ~: ~ ---=> --f \ Doug Anderson, County Administrator SUBJECT. Art In Public Places - Commissioner Coward would Ii\:?e to appoint Mr. Nelson Merchan- cely to the Art In Public Places Committee. BACKGROUND. N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve Commissioner Coward's appointment of Mr. Nelson Merchan-cely to the Art In Public Places Committee. COMMISSION ACTION: ?f APPROVED [] OTHER: [] DENIED Approved 5-0 Revie.. and A.....ov... County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: (Chec\:? for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 r-.. I··,' I. .",'-) mì :,1] i!j J LJI i_j (~'L; i' . \ ,"¡ 00;~ "'<" \,.i ~.uJO 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:¡ I ¡ I N (1 y../¡ \ ('1I1PJlk'O h --cO.V 1. Please indicate the committee(s} you are i~tèr~steä In. See tile list below. 2. Name: ~:;)07f Jj'.e.fŒY;jnLe~P'Phone: ¥r~ -33-9-6739' 3. Home address:~__ ~ "'!:?â 6</f>õI0:ë .::§t~:¥:'ðti//;?E- f?t/¿>, f&"~i .// -Iv¢l,f;rL ~95~ 4. Which commission district do you live in? 1'& 'i?'F.:q- .L ¿Ie ¿ 5. Business/Occupation -7;eÞi!E. -¿.7IH af: tc.ß?i~e 6. Business address: ,/. ðr?'Y-z. 1Z::> ..fl3e9",£ 7. 8. Do you currently serve on a county committee(s)? If so, please list: 9. Why do you think you are gualified to serve on the committee7~dicated? 177 ðt:;eK...<:;"77à'7.¿)~;'"J'L::rr "¡¡aÞ ?'X )E/1Q:£ . , 10. Would you consider servin~ on another board other than the one(s) stated above? (Please specify)' -. 11. Comments: ....r .,. :£r é 81. Lucie Count Adviso Boards and Committee Citizen A ents Available Please check t"~ollJ!Tlittees you are interested in: n \ ~ Ii F-- ("~ ;.... 'f v"'- \.\ ~ '-' r- I t~l:Y S D Attainable/AffordablelWorkforce Housing Task Force a Beach Preservation Task Force t1 Bicycle/Pedestrian Advisory Committee a Board of Adjustment t1 Central Florida Foreign-Trade Zone, Inc. a Children's Services Council a Citizen's Budget Development Committee tI Code Enforcement Board a Community Development Block Grant Citizen's Advisory Task Force (CDBG) tI Comprehensive Economic Development Strategy (CEDS) a Contractors Certification Board tI Cultural Affairs Council tI Emergency Medical Services Advisory Council D Environmental Advisory Committee a Environmental Hearing Board tI Fort Pierce Harbor Advisory Committee tI Historic Preservation Committee t1 Historical Commission a Housing Finance Authority t1 Investment Committee tI Library Advisory Board t1 Planning & Zoning Commission/Local Planning Agency tI Recreation Advisory Board tI Restudy Coordination Committee tI Smart Growth Advisory Ad Hoc Committee tI Sustainability Ad Hoc Committee tI Tourist Development Council tI Transfer of Development Rights (TOR) Advisory Ad Hoc Committee tI Treasure Coast Education & Research Development Authority tI Treasure Coast Health Council, Inc. APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 , AGENDA REQUEST ITEM NO. 1-1 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: Schenkel Shultz Architecture-Fourth Amendment to March 14,2006 Agreement (#C06- 03-213). Provide additional architectural services for the Havert L. Fenn Center. BACKGROUND: See Attached Memorandum FUNDS AVAIL: 316-1930-562004-2614 (Building-Architectural Service) PREVIOUS ACTION: On January 8,2008, agenda item c-13B, the Board of County Commissioners approved a Third Amendment to the March 14,2006 Agreement (#C06-03-213) with Schenkel Shultz Architecture. This amendment increased the contract sum by $9,000 to provide additional architectural services for the Havert L. Fenn Center project. RECOMMENDATION: Staff recommends the Board of County Commissioners approve a Fourth Amendment to the March 14,2006 Agreement (#C06..Q3-213) with Schenkel Shultz Architecture, to increase the contract sum by $14,050; the new contract sum will be $680,922 and increase the contract time an additional two hundred and fourteen (214) days; date of substantial completion will be October 14,2008. This request is for additional architectural services associated with relocation of the water main stub-out for the Havert L. Fenn Center project. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. MISSION ACTION: DCJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attomey: Mgt. & Budget: I---{O ~,\i\ Purchasing Mgr.: Originating Dep . Other: Other: Finance: (Check for Copy only, if Applicable) Eff.1/97 H'\AGENDA\AGENDA-287 SCHENKEL SHULTZ AMEND. NO. 4.DOC .' MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: July 1, 2008 SUBJECT: Schenkel Shultz Architecture-Fourth Amendment to March 14, 2006 Agreement (#C06-03-213). Provide additional architectural services for the Havert L. Fenn Center. BACKGROUND: On March 14,2006, the Board approved #C06-03-213 between Schenkel Shultz Architecture and St. Lucie County for the design of the Havert L. Fenn Center project. It has been discovered that the water main stub-out to connect to the main water supply is in a different location than indicated on the initial record drawings provided by FPUA. Additional services for record drawings, permitting and contractor coordination associated with relocation of the water main stub-out will be needed. Through a Fourth Amendment to #C06-03-213 Schenkel Shultz Architecture will provide these additional services at a cost of $14,050. (Please See Attachment) Staff recommends the Board of County Commissioners approve a Fourth Amendment to the March 14, 2006 Agreement (#C06-03-213) with Schenkel Shultz Architecture, to increase the contract sum by $14,050; the new contract sum will be $680,922 and increase the contract time an additional two hundred and fourteen (214) days; date of substantial completion will be October 14, 2008. SCHENKELSHULTZ D 0 0 ARC H t TEe T U RED 0 0 ATTACHMENT p~e ¡ O'f'~ DATE: June 5, 2008 additional services TO: Mr. Jerry Parenteau, Project Manager St. Lucie County Government Centra! Services Department 2300 Virginia A venue Fort Pierce, FL 34982 FROM: Johnnie Lohrum SCHENKELSHUL TZ _J'IJQJECT: Gym and Special Needs Shelter Additional Services for Water Main Permitting COMMISSION NO: 0620801 The following services have been requested and will be additional services at the following rate. Scope of Work Description: Additional Services for record drawings, permitting and contractor coordination associated with relocation of the water main stub-out from the existing travel lane to an onsite location. The initial record drawings for State Road 70 were provided by FPUA and indicated that the sub-out was in a different location. Compensation for Services: Lump Sum: Fourteen Thousand Fifty Dollars and No/IOO ($ 14,050.00) Architect (SchenkeIShultz) Civil Engineer (Culpepper) $ 0.00 $ 14,050.00 Reimbursable expenses shall be as stated in the Prime Agreement between the Owner and Architect. Accepted by Architect: Accepted by Owner: SCHENKELSHUL TZ, Inc. r! ct! Johnnie Lohrum, Jr. Project Manager St. Lucie County Government ~- r ----" ~ Signature JL/cfm cc: Carol MennonalSCHENKELSHUL TZ 0620801lcontract file Name ànd Title (printed) W "- t>-€..- lJ;} 1..0015 Date SCHENKELSHULTZ - We" Palm Beaeh . 1300 North Congress Avenue' We" Palm Beach. Florida 33409 Phone 561-697-3451 . Fax:561-697~.s210 . wy,.'vu:chenkclshultz.com . Architectural License .AA.-C000937 \\Ss-wpbeach\wpb-projects\0620000\0620S01 St. Lucie COllnty Gym &: Special Needs Clmter\DP\AdditionaJ Services\AS Owner 060508 Wld:er Main Pennitjl 0620&Ol.doc Pagel of] SCHENKELSHULTZ 000 ARCHITECTURE 000 June 24, 2008 Mr. Jerry Parenteau, Project Manager St. Lucie County Central Services Department 3071 Oleander Ave. Ft Pierce, FL 34982 RE: St. Lucie County Special Needs Shelterl Auditorium Dear Mr. Parenteau, SCHENKELSHULTZ has reviewed the original contract, form B 151, dated March 14"', 2006. According to section 11.5, Additional Provisions, we are requesting that Ollr contract be extended an additional 214 days to the date of October 14'\ 2008. Thank you for considering this request lfyou have any questions. please do not hesitate to call. Sincerely, 062080 1 IOwner Out BOO ~üt1b Cotlgre:"l' Avenue, \Vc~t I)a.lm Jk~~.ch. flfJr¡da JJ~09 G:\0620000IOlOO80lS.&6!lluèI6lCOUIlo/ G)'if11&\'Sp:ëéltlJ NeedS'1i'en\e¡l@mllllllcrs\062081111@onlrad llxlenSíon1é1t6fl~:Jll)8.doc AGENDA REQUEST - ITEM NO. 1-2 DATE: July 1, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Change Order No.1 to #C08-03-084, DPC General Contractors, Inc. Project: Asbestos abatement of the Old Clerk of Court Building Remodel. BACKGROUND: See Attached Memorandum FUNDS AVAIL: 001-1930-546200-FEOO~C (Maintenance Improvements Projects) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.1 to #C08-03-084, DPC General Contractors, to increase the contract sum by $17,300; the new contract sum will be $40,800, and increase contract time eighty·two (82) days; changing the date of substantial completion to July 31, 2008. This change order is for the Asbestos abatement of the Old Clerk of Court Building Remodel. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: [}(J APPROVED [] DENIED [ ] OTHER: Approved 5-0 Mgt. & Budget: ~M~ Do la . Anderson County Administrator coordination/S~tures County Attorney: r ' Originating O;Þt: '('~ Finance: (Check for Copy only. if Applicable) Purchasing Mgr.: Other: Other: Eff. 1/97 H,\AGENDA\AGENDA-288 DPC CO-l.DOC p. .. MEMORANDUM DEPARTMENT OF CENTRAL SERVICES FROM: BOARD OF COUNTY COMMISSIONERS Don McLam, Assistant Direct6:1v TO: DATE: July 1, 2008 SUBJECT: Change Order NO.1 to #C08-03-084, DPC General Contractors, Inc. Project: Asbestos abatement of the Old Clerk of Court Building Remodel. BACKGROUND: On March 14th, 2008, St. Lucie County entered into contract #C08-03- 084 with OPC General Contractors for asbestos abatement of the Old Clerk of Court Building. Additional asbestos containing material has been discovered during the renovation process and will require removal and proper disposal. DPC General Contractors has submitted a proposal to accomplish this task at a cost of $17,300. This will include asbestos removal, disposal, and air monitoring. (Please See Attachment) Staff is seeking approval of Change Order No. 1 to #C08-03-084, OPC General Contractors, to increase the contract sum by $17,300; the new contract sum will be $40,800, and increase contract time eighty-two (82) days; changing the date of substantial completion to July 31,2008. Funding is available through anticipated insurance proceeds for the Old Clerk of Court Remodeling project. . CHANGE ORDER ST. LUCIE COUNTY . PROJECT: (name, address) Asbestos abatement removal and disposal located at the Old St. Lucie County Courthouse. ATTACHMENT CHANGE ORDER NUMBER: 1 INITIATION DATE: 16-Jun-08 CONSULTANT'S PROJECT NO.: TO (Contractor): DPC General Contractors, Inc. 1860 NW 21 st. Terrace Miami, FL 33142 ST. LUCIE COUNTY CONTRACT NO: C08-03-084 CONTRACT DATE 4-Mar-08 You are directed to make the followin~s in this contract: (Additional sheet attached as Exhibit ~ No) The original (Contract Sum) (G.uar;:¡nh'p'M Maximl:lFR ~t) was Net change by previous authorized Change orders The (Contract Sum) (Guaça¡:¡wcEWAaximuFR Cost) prior to this nge order The (Contract Sum) (GLJé"ð.~tg'id M.ximblr:T-l Cost) will be Increased (dticri>a$'id or Ufl6h3ngog.¿ by this Change Order The new (Contract Sum) (6uorilfl~xirmll:¡:¡ Cost) including this Change order will be The Contract Time will b("{íncrease~(deGr-e(]Ðeel) (undI8fl!jcEl) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 23,500.00 $ $ 23,500.00 $ 17,300.00 $ 40,800.00 ( 82 ) Days 31-Jul-08 Funds Available: Account Number 001-1930-546200-FE031 C The adjustment in Contract Price andlor 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: DPC General Contractors, Inc. Contractor: 1860 NW 21st. Terrace, Miami, FL 33142 Address: APPROVED: By: Date: Central Services st. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 ~Jjss By: NJI) 7C (1J ~ /ZÒ!Ù'ð Date: ATTEST: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK By: CHAIRMAN Date: Approved as to Form and Correctness: County Attorney vUII. II. LVVU IL.'t'tIITI UI~ UL~Lft"L ~U~lft"~IUft~ Il U. I 'tV U I. L ENVIRONMENTAL CONTlUCrlNG ASBESTOS' LEAD . HAZARDOUS MATERIALS' UST . SOIL REMEDIATION EXHIBIT" A" GENERAL CONTRACTORS, INC. 1860 NW 21 Terrace, Miami, Florida 33142 (305) 325-0447 Fax (305) 325-8016 (800) 488-0447 June 17, 2008 Mr. Greg White Project Manager St. lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Asbestos Abatement Cleric of Court Remodel 221 South Indian River Drive Ft. Pierce, FL Dear Mr. White, Please accept the following as our proposal for the above referenced project, SCOPE OF WORK 1. Remove and dispose of the following asbestos containing materials including demolition to access asbestos containing materials. a. Ceiling plaster (fire proofing) at law Library entrance. b. Ceifing plaster (fire proofing) at 3 stair well landings in north stairwell. c, Beam wrap (fire proofing) at lit floor south stairwell. d. Ceiling plaster (fireproofing) at toplanding in north stairwell. 2. Air monitoring by an independent testing laboratory included. 3. Schedule: 4 calendar days. 4. All work to be done In accordance with all applicable local, state, and federal regulations Including but not limited to OSHA, EPA, DOT, and DEP. PROPOSAL PRICI! Asbestos Removal and Disposal Air Monitoring $15,500.00 $ I.BOO.OO $17,300.00 Please contact me if you have any questions, or need any additional information, Cordially, OPC GENERAL CONTRACTORS, INC. OhlÞ- 0.0. Sever President ODS/wm Branch Office 2066 Weems Road, Tucker, Georgia 30084 I (404) 373-0561 Fax (404) 373-7720 (800) 676-0561 - AGENDA REQUEST ITEM NO. :! DATE: July 1, 2008 REGULAR PUBLIC HEARING CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: THOMAS A. GENUNG SUBJECT: Establishment of a Trial Court Law Clerk position effective July 1, 2008. BACKGROUND: Due to mandated budget cuts by the Legislature, the 19th Judicial Circuit is losing one full-time State funded Trial Court Law Clerk position. This position is necessary to provide legal support to enable the Judges of the 19th Judicial Circuit to timely and efficiently administer justice to all pending cases, especially those impacting our county jail populations. Actual cost for the Trial Court Law Clerk position for the remainder of FY 07/08 will be 1/4 of the annual cost, or $18,938.50. A complete job description is attached. FUNDS AVAILABLE: Court Innovations fund (6291-107-348921-6000). The available funds from 25% of $65 assessment of additional court costs and surcharges per F. S. 939.185 (see attached) can only be used for Court Innovations by Court Administration. The funds will then be transferred from our Court Innovations fund to our Court Administration fund (183-601-512000-6000). Indian River, Martin, and Okeechobee Counties have already approved their portion for funding the position. The Court Innovations funds provided by the other counties for the remainder of FY 07/08 are as follows: Indian River ($4,545.24), Martin ($4,734.63), and Okeechobee ($1,136.31). Budget for this position will be set up on Resolution for fund balance forward update. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission establish the one (1) full-time Trial Court Law Clerk position from Court Innovations funding. [ ] OTHER Approved 5-0 Doug Anderson County Administrator COMMISSION ACTION: [~APPROVED [] DENIED Coordination/Sianatu res County Attorney: ()t> r ('>cr ,.... Management & Budget: 1Lfq~ MI ~ A, Other: /£ ~ Finance: (Check for Copy only, if applicable) j . ~ ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator MEMORANDUM FROM: Board of County Commissioners ~ Thomas A. Genung, Court Administrator .. TO: SUBJECT: Establishment of a Trial Court Law Clerk Position effective July 1, 2008 DATE: July 1, 2008 Due to mandated budget cuts by the Legislature, the 19th Judicial Circuit is losing one full-time State funded Trial Court Law Clerk position. This position is necessary to provide legal support to enable the Judges of the 19th Judicial Circuit to timely and efficiently administer justice to all pending cases, especially those impacting our county jail populations. This position will be funded solely from our Court·lnnovations fund, and not from any general revenue funds. The establishment of this position effective July 1, 2008 has been approved by the Indian River, Martin, and Okeechobee Boards of County Commissioners. Copies of those approvals are attached. Actual cost for the Trial Court Law Clerk position for the remainder of FY 07/08 will be 114 of the annual cost, or $18,938.50. The Court Innovations funds approved to be provided by the other counties for the remainder of FY 07/08 are as follows: Indian River $4,545.24, Martin $4,734.63, and Okeechobee $1,136.31. S1. Lucie County's proportional portion for the remainder of FY 07/08 would be $8,522.32. Court Administration requests S1. Lucie Board of County Commissioners approve the establishment of one (1) full-time Trial Court Law Clerk position effective July 1, 2008. 250 N.W. Country Club Drive, Suite 217 · Port Saint Lucie. FL 34986. (772) 807-4370 . FAX (772) 807-4377 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2007-2008 Trial Court Law Clerks RECOMMENDED: APPROVED X YES YES NO NO REVISED DEPARTMENT: Court Administration DIVISION: REVISED POSITION TITLE Trial Court Law Clerk FTE: 1.00 BENEFITS: $43,403 $32.351 $75.754 JOB CODE: PAY GRADE: PAY SCALE: SALARY: TOTAL BUDGET: . JUSTIFICATION: Due to mandated budget cuts by the Legislature. the] 9th Judicial Circuit is losing one full-time State funded Trial Court Law Clerk position. The Circuit would like to establish a Trial Court Law Clerk position with our Court Innovations fund (6291-107-348921-6000), for which St. Lucie County is the fiscal agent. The funds will then be transferred from our Court ]nnovations fund to our Court Administration fund (183-60] -512000-6000). This position is necessary to provide legal support to enable the Judges of the 19th Judicial Circuit to timely and efficiently administer justice to all pending cases, especially those impacting our county jail populations. A complete job description is attached. Actual cost for position for FY 07/08 will be 1/4 of the annual cost, or $18,938.5. The Court Innovations funds approved to be provided by the other counties for the remainder ofFY 07/08 are as follows: Indian River $4,545.24. Martin $4,734.63, and Okeechobee $ I,] 36.3 I. St. Lucie County's proportional portion for the rcmainder ofFY 07/08 would be $8,522.32. POSITION REQ#: IACCOUNT#: Statutes & Consthution : View Statutes: Online Sunshine Page 1 0£2 Select Year: 2007 I Go I The 2007 Florida Statutes Title XL VII CRIMINAL PROCEDURE AND CORRECTIONS Chapter 939 COSTS View EntireCha.Ql~ 939.185 Assessment of additional court costs and surcharges.-- (1 )(a) The board of county commissioners may adopt by ordinance an additional court cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Such additional assessment shall be accounted for separately by the county in which the offense occurred and be used only in the county imposing this cost, to be allocated as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in s.~'L004 and county funding for local requirements under s. 29.008(2)(a)2. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under s. 29.008(3)(a). 3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the board of county commissioners to support teen court programs, except as provided in s. 938.19(7), juvenile assessment centers, and other juvenile alternative programs. Each county receiving funds under this section shall report the amount of funds collected pursuant to this section and an itemized list of expenditures for all authorized programs and activities. The report shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1. (b) In addition to the court costs imposed under paragraph (a) and any other cost, fine, or penalty imposed by law, any unit of local government which is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and which is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, which is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge in the amount of $85 to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or htto:/ /www.leg.state.tl.us/Statutes/index.cfìn ?mode=View%20Statutes&SubMenu= 1 &Aoo mode=Displa... 6/23/2008 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of2 adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Revenue from the surcharge shall be transfelTed to such unit of local government for the purpose of replacing fine revenue deposited into the clerk's fine and forfeiture fund under s. J42.01. Proceeds from the imposition of the surcharge authorized in this paragraph shall not be used for the purpose of securing payment of the principal and interest on bonds. (c) The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs authorized in this chapter, restitution or other compensation to victims, and child support payments. (2) The court shall order a person to pay the additional court cost. If the person is determined to be indigent, the clerk shall defer payment of this cost. History.--s. 88, ch. 2004-265; ss. 63, 72, ch. 2005-236; s. 3, ch. 2007-71. Copyright © 1995-2008 The Florida Legislature . PJìva.9'.51ªt~ment . çQfltact Lis bttn:/ /www.leg.state.fl.us/Statutes/index .cfm ?mode= V iew%20Statutes&S ubMenu= 1 &ADD mode= DisD la... 6/23/2008 '\, . 05/12/2008 13:08 5517705331 FINANCE DEPARTMENT PAGE 01 INDIAN RIVER COUNTY, FLORIDA OFFlCE OF MANAGEMENT AND BUDGET County Administration Building 1801 27th Street Vero Beach, FL 32960 (772) 567-8000, Extension 1214 (772) 770-5331 - FAX DATE: June 12, 2008 ATIENTION: Erick Mershon coMPANY: FAX NUMBER: 772-807 -4377 Pages Including Cover: 5 FROM: AM Demko, Budget Office " 06/12/2008 13:08 5617705331 FINANCE DEPARTMENT PAGE 02 _.,__,.,.,_..,.~_.,....._,_._~. ,.____..__._.'._._..__. _._____._..,..-....-..- .'..._,.,_ ""M~"~_'" ,. ,.- Indian Ri'/er County Interoffice Memorandum Office of Management & Budget s;" Consent Auenda To: Members of the Board of Cou From: Jason E. Brown Director. Office of Managemen & B Date: June 3. 2008 Miscellaneous Budget Amendment 013 Trial Court Administration Subject; APPROVED BY Bee JUNE 10, 2008 Description and Conditio", The Budget Office has received a request from the Trial Court Administrator to fund a Trial Court Law Clerk position that was cut from the state budget. The total cost of the position is $75,754, which the four counties (St. Lucie, Martin, Okeechobee, Indian River) of the 19th Judicial Circuit would share. The proportional share for IndIan River County would be $18,180.96. The fundIng for this positIon would be provided from the Court Innovations Fund. These dollars come from filing fees and do not impact the County General Fund. Current reserves in this fund are sufficient to fund this request for the near future; however, anticipated revenues for this year do not provide for adequate funding on an ongoing basls. Cou.rt Administration is aware of this situation and will explore other funding sources if needed in the future. Staff Recommendation Staff recommends that the Board of COmmissioners approve the attached budget resolutIon amending the fiscal year 2007/08 budget, in the amount of $18,181. Attachmen~ Letter dated May 27,2008 from Thomas A. Genung. 'j 1 ndlan River Coun Administrator Legal Budgel De;>artmeot FOR: June 10, 2008 Risk Management F:\BudgetlJB1lon\budge¢ amrod1D<mt~ Z0070g\013 mise ba.doc 21 . . 1)5/12/:21)08 13: 08 5517705331 FINANCE DEPARTMENT PAGE 03 "." .._,... __ ,._.. ._N. ... __.._.,_..~_" _.." . ___ _....,,_._.__ ....-.. ... ".",.. n. ...... ..... ... RESOLUTION NO. 2008- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA. AMENDING THE FISCAL YEAR 2007·2008 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2007-2008 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2007-2008 budget, as more specifically set forth in Exhibit "An attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2007-2008 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. Q'Bryan Commissioner Gary C. Wheeler The Chairman thereupon declared this Resolution duly passed and adopted this day of 2008. Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By By Sandra L. Bowden, Chairman Deputy Clerk F:\Bu<l2~IlflOIi\bud.eet unondmOlltl Z00708\budget IUtle{ldmcnl "",,olutioo.doc APPROVED AS TO FORM pAND LEGðL SUFFICIENCY BY lf~ cou ATTORNEY 2j 05/12/2008 13:08 55177B5331 FINANCE DEPARTMENT PAGE B4 Resolution No. 2008- Budget Office Approval: Jason Budget Amendment: 013 1".0' Entry FundI Departmentl . Account Number Increase Decrease Number Account Name . 1. Revenues Additional Court Costs Fund I Cash 141039-389040 $18,181 $0 Forward Expenses Additional Court Costs Fund I Court 14190101-088400 $18.181 $0 Administrator . F:\B\ldget\lason\budget amendments 200708\013 mise bll,doc 24 0b/12/2008 13:08 5bl7705331 FINANCE DEPARTMENT C'OLJRT ADMli'llSTRATlCH PAGE 05 PAGE ð3/11l3 _~ ___ H_'___ -- - ØG/ß2/2808 ß9:lG 772-eB7-4377 ADMINISTRATIVE OPFICE OF THE COURTS ";'.! ~ .. :~;. , . J~i~~~i¡t;{~;~, . I''':'' ~.~ -., .... NINETEENTH JUDICIAL CIRCUIT . .. . .'. ~ '.' Thqmas A. GeIlUII, Trial Court A.dmini$trat~r May 21, 2008 Jøson Brown, Budget DireclXlr Indian River Coumy ¡gOl 2tt' St., 2ÞO Floor Vero Beach. FL 32960 . Re: Budg~ Amendment to fund a. Trial Court Law Clerk position from Court Inno"\l'atÌons funå Dear Mr. Brown: Please consider this the 191ft Judicial Circuit's formal request for a budget unenchnent to allow for the proportional fundmg of a Trial. Court Law Clerk. The total cO$! of the position and benefits would be $75,754.00, and the ¡noportionallilwe for IndiiIU RiVl:f County would be $18.180.96. The pt'sjtion would be fun~ ~ntirely from the Court Innovations funds collected purSùQrtt to seetion 9';9. 185( l)(a)1., Florida Statutes, and not. county ¡¡cneral TOVenue donl\l'~. The reason for the reqUl!lst i5 because the Trial Court Law Clerk poSition had to be cut from. our state: budget as II, result of' state ~et GUts for FY 08/09. As you know, !.eCtion 939.18S(lXa)1. states: ''twentypfive percent of the amount eollected shall be an~d 10 fund innovations to supplement st8.te fund in¡ for the elemçnts of the state courts symm identifim in $. ~ Ilt'ld eounty funding for loq1 requirements und" s. 29.008(2)(8.)2," Law cleru ere specifically enumerated as en element of the s~te courts system under section 29,004(1). The position is necessary to pl'Ov1de legal research 2nd writing support to our judges to facilitate the timely and efficir;nt adminîstration Qfjustlce which Impacts local Jall populations, the business comm\U'lÌty, county residents and our ability to maintain a. civil society. We would greatly appreciate this item making the JUl'le 3, 2008 BOCC Meeting, Kinå.ly contact me wl.th MY qu.eStions or eoncems. Sincerely, 4", .' .,.:._,,J~.='" _ ~:.~_...".., ;:.Y. . -.. " --··~····7 I"{. ,... '.". Thomas A. Genung cc: William L. Roby, Chief Judge :I3() NW Cnuntry Club Drlve. Suite 217. Po~ St. L1I~I.. F'L 34986. (7?2) 1()'1-4376 . (112) S07·4377 22 JUNE 10, 2008 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS ACTION SUMMARY 9:00 AM - MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Doug Smith, Chair Susan L. Valliere, Vice Chair Lee Weberman Sarah Heard Michael DiTerlizzi Duncan Ballantyne, County Administrator Stephen Fry, County Attorney Marsha Ewing, Clerk to the Board Approved: 6/11/08 DB 1. CALL TO ORDER INVOCATION - Moment of Silence PLEDGE OF ALLEGIANCE PRESETS BEl Public 10 Public 19:00 AM 5:05 PM 2. A. ADDITIONAL ITEMS - The Board added to the agenda Additional Items 401, 60, 7A, 7B, 8B2, 8C1, and 801. B. APPROVAL OF AGENDA - The Board approved the agenda adding Additional Items 401, 60, 7A, 7B, 8B2, 8C1, and 8D1. C. APPROVAL OF CONSENT AGENDA - The Board approved the Consent Agenda minus item 4B4. NOTE: Consent Agenda items are considered routine and are enacted by one motion and will have no action noted, but the "Recommendation" as it appears on the Board item is the approved action. D. PUBLIC - TO BE HEARD AT 9:00 AM. PLEASE LIMIT COMMENTS TO THREE MINUTES. E. COMMISSIONER COMMENTS - The Board directed Staff to bring back options and what other jurisdictions are doing to revise the Noise Ordinance. F. COUNTY ADMINISTRATOR COMMENTS - nla 3. PROCLAMATIONS, OFFICIAL ACTS, AND SPECIAL PRESENTATIONS A. ACKNOWLEDGE RECEIPT OF THE HAMPTON DUNN AWARD FROM THE FLORIDA HISTORICAL SOCIETY The video "Book to the Future" was produced to celebrate the sdh Anniversary and capture the history of the Martin County Library System. In conferring the award, the Florida Historical Society cited the production values of the video as remarkable. The award comes with a $200 stipend. AGENDA ITEM: 803cb44b ACTION TAKEN: The Board acknowledged the award. 4. CONSENT A. Clerk of the Circuit Court, Marsha Ewing - None at this time. B. Administration, Duncan Ballantyne, County Administrator 1. ITEMS RELATED TO CONSTRUCTION AND CONSULTANT COMPETITIVE NEGOTIATION ACT (CCNA) ITEMS WHICH MEET THE THRESHOLD FOR BOARD APPROVAL This item is a placeholder on all Board meeting agendas in an effort to streamline the process for items that meet the Board approval threshold. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. AGENDA ITEM 803bb31a I SUPPLEMENTAL MEMO 2. ADOPT A PROCLAMATION DECLARING MYASTHENIA GRAVIS MONTH IN MARTIN COUNTY, FLORIDA The Greater Florida Chapter of the Myasthenia Foundation of America requests this proclamation from the Board. AGENDA ITEM: 803c83e3 4. CONSENT B. Administration, Duncan Ballantyne, County Administrator 3. TOURIST DEVELOPMENT COUNCIL APPOINTMENT The Board is asked to appoint Joseph Pilla to the Tourist Development Council to fill the vacant "hotelier" position. AGENDA ITEM: 803c2e7b RESOLUTION NO. 08-6.12 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JUNE 10, 2008 4. ACCEPT NORTHERN EVERGLADES AND ESTUARIES PROTECTION PROGRAM GRANTS FOR MANATEE CREEK AND OLD PALM CITY WATER QUALITY PROJECTS, MANATEE POCKET ENHANCEMENT PROJECT, AND NORTH RIVER SHORES-SEPTIC TO REGIONAL SEWER CONVERSION, AMEND THE FY08 CAPITAL IMPROVEMENT PLAN (CIP) AND A PPROVE A BUDGET AMENDMENT FOR OLD PALM CITY PHASE III Accept the Northern Everglades and Estuaries Protection Program (5-5-5) grant awards from the States FY08 budget. The four projects receiving funding are the Manatee Creek Retrofit for $1,800,000, Old Palm City Phase III for $1,200,000, Manatee Pocket Enhancement Project for $4,000,000 and Septic to Regional Sewer Conversion for North River Shores in the amount of $3,000,000. Approval of a budget amendment and amendment to the FY08 Capital Improvement Plan (CIP) for the Old Palm City Phase III project is also needed. AGENDA ITEM 803c79bf RESOLUTION NO. 08-6.13 ACTION TAKEN: The Board approved the staff recommendation to accept the grants minus the Manatee Pocket project. The Board then in a separate vote approved to accept the grants on the Manatee Pocket project. The Board also approved the budget resolution and amended the FY08 CIP sheet for Old Palm City Phase III. 5. BUDGET REQUEST TO FUND A TRIAL COURT LAW CLERK POSITION FROM THE COURT INNOVATIONS FUND This is a request to approve proportional funding of a Trial Courl Law Clerk funded entirely from the Court Innovations funds collected pursuant to section 939.185(1) (a) 1, Florida Statutes and not county general fund revenue dollars. The amount requested is $18,938.50 (the total cost for the position is $75,754 to be proportioned among St Lucie, Indian River, Okeechobee, and Martin Counties.) AGENDA ITEM 803dOa87 I SUPPLEMENTAL MEMO C. Administrative Services, Taryn Kryzda, Assistant County Administrator 1. ACCEPTANCE OF DRAINAGE EASEMENT FOR SURFACE AND SUBSURFACE STORM DRAINAGE FROM ALAN B. AND HELEN R. MORRIS This is a request for the adoption of a resolution accepting a perpetual non-exclusive Drainage Easement across a portion of private property owned by Alan B. and Helen R. Morris for the installation, operation and maintenance of drainage facilities over a portion of the Morris' residential properly, generally located easterly of the F. E. C Railroad in the Rio area of Martin County. The improvements constructed within the easement area will tie an existing pond on the Morris property into a water treatment marsh system to be constructed on adjacent land owned by Martin County. AGENDA ITEM 803c38e7 RESOLUTION NO. 08-6.16 2. REQUEST TO APPROVE FOUR PURCHASE AND SALE AGREEMENTS FOR PROPERTY ALONG BASELINE AVENUE FOR GREEN RIVER PARKWAY SOUTH PROJECT By Board direction, Property Management Staff have made offers to property owners along Baseline Avenue in the Norlhwood Subdivision. These offers were strictly voluntary to assist any of the Baseline Avenue property owners the opportunity to sell their property before the road was built. Out of the fourteen property owners, four have accepted the County's conditional offer to sell their properly at appraised value. Staff is requesting that the Board approve the four Purchase and Sale Agreements (Agreements). AGENDA ITEM: 803caceO RESOLUTION NO. 08-6.17 - Swartz RESOLUTION NO. 08-6.18 - Kolodziejczak RESOLUTION NO. 08-6.19 - Kartner RESOLUTION NO. 08-6.20 - Brown Page 2 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JUNE 10. 2008 4. CONSENT I ADDITIONAL ITEM D. Community Services, Cheryl Bass, Director 1. MARTIN COUNTY'S FINANCIAL PARTICIPATION IN FLORIDA HEALTHY KIDS PROGRAM The Florida Healthy Kids Corporation (FHKC) is requesting our County's financial participation in the Healthy Kids program. Specifically, FHKC is asking for a letter of commitment to provide a local match estimated at $8,567 for the period of July 2008 through June 2009. These dollars would be combined with family contributions of $20 per month per child to purchase health insurance for six Martin County youth currently enrolled in the program. AGENDA ITEM: 803d34c9 5. BOARD AND COMMITTEE APPOINTMENTS - None at this lime. 6. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REPEALING ORDINANCE NUMBER 736, WHICH ADOPTED COMPREHENSIVE PLAN AMENDMENT 06-24, EX PRESSWAY ORIENTED RESEARCH AND BIOTECH CENTERS Ordinance Number 736 was adopted by the Board on December 19, 2006 to adopt Comprehensive Plan Amendment 06-24, Expressway Oriented Research and Biotech Centers (EORB). The original applicant for Amendment 06-24, EORB has since submitted a letter withdrawing the request for approval of the amendment. In light of this, it no longer appears to be in the best interest of the County to continue to engage in an adversarial proceeding over the issue. AGENDA ITEM: 803c4d99 ORDINANCE NO. 797 ACTION TAKEN: The Board adopted the ordinance repealing Ordinance No. 736, thereby reversing Comprehensive Plan Amendment 06-24, EORB. I TO BE SUBMITTED ITEM -- RECEIVED I B. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO ARTICLE 10 FOR PROJECTS IN THE PIPELINE This is an Ordinance to amend Article 10, Section 10.2. AGENDA ITEM 803c6e63 ORDINANCE NO. 798 ACTION TAKEN: The Board adopted the ordinance amending Section 10.2 of Article 10 with the date of July 2, 2008 to remain. The Board reconsidered this item and added to the above approval that the ordinance takes effect with the filing of the Secretary of State. . C. QUASI JUDICIAL: OSCEOLA PINES (OSCEOLA PINES, LLC) - REQUEST FOR A ZONING CHANGE TO THE PUD DISTRICT AND REQUEST FOR PUD MASTER SITE PLAN APPROVAL This is a combined application submitted by Osceola Pines, LLC for a zoning change from the current R- 2A, Two-Family Residential District to the PUD, Planned Unit Development District and for Master Site Plan approval for a 157-lot single family subdivision on a 61.03-acre parcel located north of 15dh Street in Indiantown. Included with the application is a request for a Deferral of a Certificate of Public Facilities Reservation AGENDA ITEM 803c7755 RESOLUTION NO. 08-6.14 I SUPPLEMENTAL MEMO ACTION TAKEN: The Board approved the zoning change and request for PUD Master Site plan with the following additional conditions: (1) Add language, placement in PUD to be decided by the legal department, that states neighborhood common areas, parks and preserve areas will be maintained by the developer. (2) On the final site plan between lots 17 and 19 show a future roadway connection. (3) Add language that states signage is to be installed where roadway connections are built and that the roadway connections are built by the developer. (4) PUD agreement to reflect that the parks are to be open to the public. (5) Street lights and stop signs to be noted on the final site plan. (6) Specific language in sales contracts disclosing adjacency to Indiantown DRI as well as specific roadway connections. (7) On page 118 of the agenda item, 22. Transportation Concurrency Condition "D", language to be changed to state that Osceola Pines PUD will be required to pay no less than $2,500 per residential unit. Page 3 of 6 6. PUBLIC HEARINGS I ADDITIONAL ITEM D. CAULKINS CITRUS COMPANY L TO - REQUEST MAJOR DEVELOPMENT MASTER PLAN APPROVAL FOR CAULKINS GROVE SUBDIVISION OF 156 MINIMU M 20 ACRE LOTS IN THE AGRICULTURAL LAND USE DESIGNATION ON 3,275 ACRES WITH AFFIDAVIT DEFERRING PUBLIC FACILITIES RESERVATION The original proposal by this name was to mine fill from the existing agricultural drainage ditches. The current proposal is to develop 156 Agricultural homestead lots. Each lot shown on the Master Plan, revised 04-17-08, meets the minimum lot size of 20 acres. The 25 General Notes provided on the proposed Caulkins Grove Master Plan are directed to assure provisions of the Martin County Land Development Regulations for Agricultural Subdivisions are met with the future final site plans and plats for the 4 phases, totaling 156 lots. The existing ditches are to be used solely for stormwater quantIty and quality management of the private roads and lot area impervious surfaces proposed for the subdivision. AGENDA ITEM: 803d364ea CONTINUED FROM JUNE 3, 2008 ACTION TAKEN: The Board approved the staff recommendation to approve the Caulkins Grove Subdivision Master plan by resolution. The Board authorized the Chair to sign the resolution. The Board also approved modification as proposed for the 8-foot wide Bridal Path in the 60-foot wide private access easement. RESOLUTION NO. 08-6.15 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JUNE 10. 2008 7. REQUESTS AND PRESENTATIONS I ADDITIONAL ITEM A. PUBLIC WORKSHOP ON A DRAFT MEMORANDUM OF AGREEMENT (MOA) BETWEEN MARTIN COUNTY AND FLORIDA OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT (OTTED) PROVIDING FOR AN EXPEDITED PERMIT REVIEW PROCESS FOR TARGETED BUSINESS PROJECTS The Board of County Commissioners (Board) has requested that Staff prepare various economic stimulus programs for their review and approval. Staff has identified a mechanism to provide expedited review for targeted businesses for state and regional agency's permitting processes. The expedited review process is managed by the Office of Tourism, Trade, and Economic Development (0 TTED) , within the Executive Office of the Governor, and requires the Board to adopt a Memorandum of Agreement (MOA) with OTTED. AGENDA ITEM 803d3660 CONTINUED FROM JUNE 3, 2008 ACTION TAKEN: The Board approved to continue this item to the July 1, 2008 BCC meeting. [ ADDITIONAL ITEM I B. REVISIONS TO ARTICLE TEN OF THE DEVELOPMENT REVIEW PROCEDURES AND LAND DEVELOPMENT REGULATIONS IN MARTIN COUNTY TO PROVIDE FOR EXPEDITED PROCESSING FOR TARGETED BUSINESSES AND REVISIONS TO PROCEDURES TO EXPEDITE DEVELOPMENT ORDERS FOR SMALL SCALE INDUSTRIAL AND AFFORDABLE HOUSING Staff has prepared a draft ordinance to amend Article Ten, Development Review Procedures and Land Development Regulations, to allow for the expedited processing of applications for targeted businesses. This draft ordinance once approved by the Board will be submitted to the Local Planning Agency (LPA) for a public hearing before returning to the Board for final adoption. The expedited process is one mechanism that the Board can provide as part of their Economic Stimulus Program to enhance economic development. Staff has prepared the draft ordinance with the assistance of the Business Development Board (BDB) and Economic Council. AGENDA ITEM: 803d361c CONTINUED FROM JUNE 3, 2008 ACTION TAKEN: The Board approved to continue this item to the LPA and then return to the BCC. Page 4 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY. FLORIDA ACTION SUMMARY JUNE 10. 2008 8. DEPARTMENTAL A. Engineering, Don G. Donaldson, P.E., Director 1. REQUEST TO TRANSMIT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION A PETITION FOR A VARIANCE TO THE ADOPTED LEVEL OF SERVICE STANDARD ON SR-710 (SW WARFIELD BOULEVARD) FOR THE QUILLEN DEVELOPMENT OF REGIONAL IMPACT'S PROPOSED ECONOMIC DEVELOPMENT OPPORTUNITY OVERLAY On April 8, 2008, the Board of County Commissioners agreed to transmit an amendment to the Comprehensive Growth Management Plan to establish an Economic Development Opportunity Overlay on property within the proposed Development of Regional Impact (DRI) known as Quillen. At the applicant's request, the Board agreed to transmit a letter to the Florida Department of Transportation seeking a variance to this site specific project. Staff has since been advised that the applicant is expecting Martin County to be a co-petitioner in the variance request, which needs Board approval. AGENDA ITEM: 803c93df ACTION TAKEN: The Board authorized the Chair to sign a letter as drafted by staff to the FOOT requesting that a permanent reduction of the Level of Service standard on SR-710 from C to 0 so that all developments in Indiantown can be treated consistently. B. Growth Management, Nicki van Vonno, Director 1. EAR MONTHLY STATUS REPORT This is the monthly status report on the Evaluation and Appraisal Report (EAR). AGENDA ITEM: 803cac3e ACTION TAKEN: The Board approved to accept the report. I ADDITIONAL ITEM 2. DEVELOPMENT REVIEW FEES REPORT On April 8. 2008 the Board of County Commissioners requested a report on the fee schedule in effect for the review of Development Applications. Today's item provides such a report AGENDA ITEM 803b66ff ACTION TAKEN: The Board approved the staff recommendation to allow projects submitted prior to October 1, 2007 to pay the old fees, including the Engineering Fees based on the Estimate of Construction cost. Any applicants that have paid new fees will receive a credit when all remaining fees, including engineering fees, are paid during the post approval process. The Board directed staff to correct the minor glitches identified by staff and to add fees for those items not currently covered by the fee schedule. The Board also directed staff to return to the Board with a corrected fee resolution for adoption. I ADDITIONAL ITEM C. Administration, Duncan Ballantyne, County Administrator 1. DISCUSSION ON ALLOCATION OF COMMISSION DISTRICT MUNICIPAL SERVICE TAXING UNITS (MSTUs) IN THE FY09 BUDGET Staff would like to discuss the ad valorem allocations for the Municipal Service Taxing Unit (MSTU) for each Commission district. The MSTU funding levels vary as well as the millage rates. Reductions in the MSTU ad valorem assessments can be used to offset other countywide ad valorem programs that may have to be reduced due to tax reform and a reduced tax base. As staff prepared the FY09 budget, the ad valorem funding in the MSTUs is one ofthe factors to be considered. AGENDA ITEM: 803d3b35 CONTINUED FROM JUNE 3, 2008 ACTION TAKEN: The Board approved to define the amount for the MSTUs that will be set at $125,000. Page 5 of 6 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY JUNE 10, 2008 8. DEPARTMENTAL ¡ ADDITIONAL ITEM D. Administrative Services, Taryn Kryzda, Assistant County Administrator 1. CONSIDER AGREEMENT FOR PURCHASE AND SALE OF THE UTILITY EASEMENT FOR SEIDEL TROPICAL, LLC The Utilities and Solid Waste Department has identified a need for a 16,161 square feet easement for major utility pipelines. The easement goes across Seiden Tropical's property and they require payment for the easement. Staff recommends that the Board approve the purchase of the easement. AGENDA ITEM: 803d3d61 RESOLUTION NO. 08-6.21 ACTION TAKEN: The Board approved the staff recommendation for Agreement for Purchase and Sale of Utility Easement with Seiden Tropical, LLC in the amount of $150,890 subject to the receipt of the Beneficial Interest Affidavit and adopted a resolution accepting at the time of closing. The Board authorized the Chair to execute any documents necessary to close this transaction. By approving the staff recommendation the Board also directed staff to demand payment from the County's contractor for the rent value of $7,187 which will be put back in to the Enterprise fund when received. 9. COMMISSIONERS - None at this time. 10. PUBLIC - TO BE HEARD AT 5:05 PM. PLEASE LIMIT COMMENTS TO THREE MINUTES. 11. ADJOURN -7:25 PM Page 6 of 6 , ACTION NOTES BOARD OF COUNTY COMMISSIONERS June 12, 2008 BUSINESS: 1. Consent Agenda: a. Approved the minutes of the May 22, 2008 Regular Session b. Authorized the Chairman to execute the South Florida Water Management District (SFWMD) Joint Application for Environmental Resource Permit (SFMWD Form 0971) for the Runway 5-23, Runway Safety Area Improvements Phase II c. Authorized the Chairman to execute the Contract Award with A VCON, Inc. to provide Professional Engineering Services to perform the Construction Phase Services for Phase II of the Runway 5-23 Runway Safety Area Improvements Project at a cost of $79,823.80 d. Found Surety Bonds of County Officers sufficient for purposes ofs.137.05, F.S. e. Adopted Resolution 2008-17 amending the 2007/2008 Fiscal Year Budget to appropriate unanticipated Federal Equitable Sharing Funds providing an effective date f. Approved the Budget Transfer BT08-100 in the amount of $196,756 from Solid Waste Reserves for Contingencies to Building Construction Expenses g. Approved the proportional funding for a Trial Court Law Clerk Position and approved the transfer of funds from Reserves in the Court Innovations Fund to operating expenses line item in the amount of$1,137.00 h. A warded contract to Roumelis Planning and Development Services as the consultant to administer Disaster CDBG - Wilma Supplemental in the amount of $7,304.56 and $5,000.00 project delivery fee per house completed 1. Approved and authorized the Chairman to execute the Florida Department of Environmental Protection Consolidated Small County Solid Waste Management Grant Application FY 2008-2009 J. Authorized the Chair to execute the Service Provider Application (SPA), Community Care for the Elderly (CCE) Contract, Home Care for the Elderly (HCE) Contract and Alzheimer's Disease Initiative (ADI) Contract with the Area Agency on Aging (AAA) for the contract year July 1,2008 through June 30, 2009, upon their completion k. Reviewed and approved the proposed stipulation for County vs. Cypress Hut, Inc., Et aI, as presented 1. Approved the Warrants: # 114398-114737 in the amount of $3,115,766.40; #3387-3393 in the amount of $10,267.18; #2243-2254 in the amount of $1,199.55; #285 in the amount of $9,959.08; and #341-342 in the amount of $367.50; for a total of $3,137,559.71 m. Approval the Minutes of the May 19,2008 Land Use Build-Out Workshop n. Authorized payments for Tax Deed Surplus as presented o. Approved the use of 2987 NW 10th Terrace Practice Area for the Treasure Coast Pop Warner Football Conference Jamboree from August 22-24 (moved to General Business Item 31.) p. Approved the Job Description for Addressing Technician in the Planning and Zoning Board of County Commissioners 1 Regular Session Junel2, 2008 Department q. Approved the Hospitality Ordinance 2008-04 up to $250.00 per incident and will advertise a public hearing (moved to General Business Item 3k.) 2. Public Hearings: a. Conducted a public hearing and granted the request regarding the change in zoning, requested by the applicants, Elpidia and Pablo Romero, changing the zoning from Residential Mixed (RM) to Residential General (RG) of the property located at 415 NW 36th Street b. Received an update from Ms. Cheryl Sharp on how the County's financial support has promoted distinction for the County through Florida's Heartland Rural Economic Development Initiative (FHREDI) and will request continued financial support ($10,000 for FHREDI and $10,000 for Florida's Freshwater Frontier) c. Issued a Proclamation designating June 22-28, 2008 as "Amateur Radio Week" in Okeechobee County 3. General Business: a. Denied without prejudice the Request for Preliminary Plat Approval and Approval of Portions of a Preliminary Development Order - Northshore Village - Petition P-2007- 0015 and further directed staff and the developer to come up with alternate forms of mitigation of the transportation impacts attributable to the Northshore Village project or alternate forms of funding for construction of the new connector street b. Declared Playland Park (Lot 14) as surplus property that is for sale and granted the option to purchase Lot 14, Playland Park to Habitat for Humanity for the assessed value plus any and all closing costs associated with such purchase with the following contingencies: . A building permit must be obtained within six (6) months from closing date . Construction of a single family residence must be completed within twelve (12) months from the closing date If these contingencies are not met, then the property shall revert back to the County. c. Agreed to the request to extend traffic jurisdiction over the roads within Indian Hammock, subject to the Traffic Jurisdiction Agreement being modified and reviewed by the County Attorney and the Board d. Scheduled a Budget Overview Workshop for Monday, June 23, 2008 following the Regular Session. e. Discussed the Usage Policies and Procedures for C. Scott Driver Park & Okee- Tantie Campground & Marina Event/Tournaments and will review in depth and address at a future meeting. f. Appointed Don Patel as a regular member and Council Members, Lydia Jean Williams and Lowry Markham, as municipal appointees to the Tourist Development Council; terms to expire July 1,2012. g. Will allow the Department of Children and Family to complete the current lease which expires June 2009 with an option of an early out, if needed, with a six (6) month notice h. Reviewed the proposed Ordinance 2008-05 as presented and will schedule a Public Hearing in the near future Buard of County Commissioners 2 Regular Session June 12, 2008 1. Rejected the lowest bid submitted by Topline Construction Services, Incorporated for the amount of $149,821.00 and approved the second lowest bid submitted for the amount of $181,710.00 and authorized the Chair to execute a contract with Close Construction, Inc. for the construction of the Alderman Building Exterior Upgrades Project Number 2007- 22. J. Eliminated the position of Deputy Emergency Management Director and approved the appointment of Mr. Mike Faulkner to Emergency Management Director 4. Staff Reports: County Administrator Bonner gave updates on the following topics: · Purchase of the Hewlett Packard Laptops with air cards and power supplies for all Commissioners as presented. After discussion, the Board approved the purchase of the Hewlett Packard Laptops · Two (2) vacant job openings. The positions to be filled are for the Building Official and the Road and Bridge Director · Budget Overview - Currently short on Budget and will be working on this in depth · Update on NW 7th Court - spoke with all property owners involved and they have shown some level of interest of sharing the cost of road construction · Had a very productive meeting with Florida Department of Transportation regarding the 710 connector road · Reminded Commissioners to contact Constitutional Officers regarding the Budget · Relocation of Board of County Commissioners Meetings during rehabilitation of the Old Courthouse is still being researched. There is a conflict with using City Hall · Traveling Friday, June 13, 2008 with the Clerk Robertson to meet with Judge Roby on the status of the relocation of the Judicial Assistants · Working on Waste Management and Host Agreement and will have the agreement ready for the Board's review after they return from their meeting in late June · No smoking in the ball parks - Ms. Deanna Kielbasa, teacher of the gifted students, from Yearling Middle School and Osceola Middle School is working on this issue with Parks and Recreation Director Darrell Enfinger · Website update - presentation on the Land Use Build-Out from Kimley-Horne is now on the website. Website is currently being updated and if you have any suggestions please share with IT. 5. Commissioner Reports: Commissioner Wherrell shared the following information: · July 2, 2008 Treasure Coast Council Local Government Meeting and BBQ at the Methodist Church and he will deliver invitations · He would like the Board to review the Ordinance on Roadside Vegetable Stands Board of County Commissioners 3 Regular Session Junel2, 2008 AGENDA REQUEST ITEM NO: K1 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services ( PRESENTED BY: Corine C. Williamsl.vJ Transit Manager ! Approval of Amendment # 7 in the amount of $1 05,072 to the Medicaid Non- Emergency Program Agreement. SUBJECT: BACKGROUND: See attached Memo 08-181. FUNDS AVAILABLE: Account 0014124910-334491-400 CTD Medicaid Non- Emergency Trips. BOCC approved the contract with the Commission for the Transportation Disadvantaged in November 2004, Amendment #1 to the contract in November 2005, Amendment #2 on June 27, 2006, Amendment #3 on July 7, 2007, Amendment #4 on August 28, 2007, Amendment #5 on December 11, 2007 and Amendment # 6 on March 11,2008. PREVIOUS ACTION: RECOMMENDATION: Approve and authorize the Chair to sign Amendment #7 for the Medicaid Non-Emergency Transportation Program Agreement. ug as M. Anderson County Administrator COMMISSION ACTION: ['Y1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: x ;)~t>- Wsw' /? ./7 Originating Department c;~t.:::C.- COO","'""".""", I!.Æ Management & Budget x ~q.~. _ ~ Other Purchasing: Other: Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #08-181 TO: FROM: Board of County Commissioners I) Corine C. Williams, Transit Manager \., SUBJECT: Approval of the Medicaid Non-Emergency Program Amendment #7 DATE: July 1 2008 The Agency for Health Care Administration (AHCA) has a master contract with the Commission for the Transportation Disadvantaged (CTD). The CTD contracts with counties throughout the state to provide non- emergency Medicaid transportation. Through the County's Master Contract with Council on Aging, the transportation services are provided to eligible clients. Council on Aging has contracts with American Medical, Yellow Cab, All County and LSQ/VVe Care to transport individuals eligible for the program. The funding is identified for "non-emergency transportation" which provides transportation for Medicaid clients to dialysis, and medical treatments within and out of County. Eligible beneficiaries include: low income families, children, institutional care program residents and others identified in Florida Statutes, Chapter 427, Rule 41-2, FAC. Since 2004, there has been six (6) amendments to this agreement and attached is Amendment #7, which increases the project amount by an additional $105,072 which will cover an additional two months of the contract. This has increased the total project cost to $2,321,754 and takes effect July 1, 2008. These funds will restore the monthly allocation to FY 06/07. Staff Recommendation To approve and authorize the Chair to sign the Medicaid Non-Emergency Program Amendment #7. G:IMEMOSIMemos 2008108-116- MedicaidNET - Amendment #7.doc STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEDICAID NON-EMERGENCY TRANSPORTATION (NET) PROGRAM SUBCONTRACTED TRANSPORTATION PROVIDER AGREEMENT AMENDMENT NO 7 AGREEMENT #: FINANCIAL PROJECT ID#: F.E.I.D. # BDA83 41604318201 596-000-835-071 This agreement, entered into on June 30, 2008 by and between the State of Florida, Commission for the Transportation Disadvantaged, hereinafter called "Commission" and St Lucie County Board of County Commissioners, 437 North 7th Street, Ft Pierce, FL 34950, hereinafter called "Subcontracted Transportation Provider" for St Lucie County(ies). WITNESSETH: WHEREAS, the Commission and the Subcontracted Transportation Provider heretofore on 11/1/2004 entered into an Agreement, hereinafter called the Original Agreement; WHEREAS, the Commission desires to participate in all eligible items of development for this project as outlined in the attached amended Exhibit B. WHEREAS, this amendment is necessitated by the amendment of the contract between the Commission, and the Agency for Health Care Administration for Medicaid Non-Emergency Transportation (NET) services. NOW THEREFORE, THIS INDENTURE WITNESSETH; that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Agreement is to be amended as follows: 1. Purpose of Agreement: The purpose of the agreement is not changed. 2. Accomplishment of the Agreement: The accomplishment of the agreement is not changed. 3. Expiration of Agreement: Paragraph 2, TERM of said agreement is amended to be August 31,2008. 4. Amendment Amount: The agreement is increased by $105,072.00. 5. Total Project Cost: The revised Total Project Cost is $2,321 ,754.00. 6. Exhibit B of said Agreement is replaced by Amended Exhibit B and is attached hereto and made a part hereof. EXCEPT as hereby modified, amended, or changed, all other terms of the Agreement dated 11/1/2004 and Amendments 1 through 6 shall remain in full force and effect This amendment cannot be executed unless all previous amendments to this Agreement have been fully executed. AGREEMENT #: BDA83 AGREEMENT AMENDMENT DATE: June 30,2008 EXHIBIT B AMENDMENT # 7 METHOD OF COMPENSATION For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Subcontracted Transportation Provider payments shall be $52,536.00 monthly with a final payment of $52,536.00. The Subcontracted Transportation Provider shall be paid up to a maximum amount of $2,321,754.00. The Subcontracted Transportation Provider shall submit invoices in a format acceptable to the Commission. The Subcontracted Transportation Provider will be paid after the Commission has received payment from the Agency for Health Care Administration. 1 . Proiect Cost: The STP shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee. Once the Commission has signed the invoice for approval, the Commission shall submit the approved invoice to the DOT Disbursement Operations Office for payment to the STP. County: SI. Lucie $2.216,682.00 $105,072.00 $2,321,754.00 Total Proiect Cost To Date: Amendment Amount: Total Proiect Cost Revised: 2. Disbursement Schedule of Funds FY 07/08 July 2008 August $52,536.00 $52,536.00 In witness whereof, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SI. Lucie Co Board of Co Comm SIGNATURE SIGNATURE Executive Director TITLE Lisa M Bacot PRINTED NAME TITLE PRINTED NAME .. AGENDA REQUEST ITEM NO:K2 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. Williams 4/ Transit Manager /" Authorize a grant application to the Florida Department of Transportation Discretionary Grant Program for design and partial construction of the Intermodal Transfer Facility for phase III. SUBJECT: BACKGROUND: See Attached Memo 08-184. FUNDS AVAILABLE: The grant request is $250,000.00, and requires a 50% match. The Fort Pierce Community Development Agency (FPCRA) will provide the local match in the amount of $250,000.00, towards completion of the project. Funding Account #130204-4910-549971-400. See Attached Memo 08-184. PREVIOUS ACTION: RECOMMENDATION: Authorize the submittal of the Florida Department of Transportation Discretionary Grant for funding for phase III to cover the design and phased construction of an intermodal transfer facility, located at Avenue D and North 8th Street. COMMISSION ACTION: [)I. APPROVED [] DENIED [ ] OTHER: Approved 5-0 o I M. Anderson County Administrator County Attorney:x '1-'1;) 1'"'.0'8= Originating Department:& . Coord inatio n/S 10 natures Management & Budgetx N R ~ Other Purchasing: Other: Finance: x Check for copy only, if applicable "'f COMMUNITY SERVICES MEMORANDUM #08-184 FROM: Board of County Commissioners Corine C. Williams, Transit Manag~.Ai.J Florida Department of Transportation Discretionary Grant Program -Intermodal Transfer Facility TO: SUBJECT: DATE: July 1, 2008 The Florida Department of Transportation is authorized by Florida Statute to provide discretionary funds for projects that encourage public transportation and multi-modal development. The purpose of The Intermodal Development Program is to provide assistance for major capital investments, including the construction of intermodal or multimodal terminals, and other transportation terminals. It is intended to facilitate the intermodal or multi modal movement of people and goods. The proposed project will be utilized to complete Phase III - design and construction of the Intermodal Transfer Facility, located at Avenue 0 and 8th Street, Fort Pierce, Florida 34950 (Please see attachment #4). In addition, the project will im~rove pedestrian and bicycle access along Moore's Creek between North 7th Street and 9 h Street. These funds will allow the County, in partnership with the Fort Pierce Community Redevelopment Agency (FPCRA) to begin the design concept and to proceed with the construction of the transfer facility in phases. The FPCRA is in support of this effort and has offered to match Florida Department of Transportation funds (Please see attachment #3). On December 19, 2006, the SOCC approved staff to apply for a FOOT Discretionary Grant, not to exceed $1,000,000.00, in which $275,000.00 was awarded from FOOT. FPCRA contributed $250,000.00 and St. Lucie County provided $25,000.00 from the Public Transit MSTU, as local match. Funds are to be used to complete Phase II (Design, Permitting, and 100% Drawings). On March 22, 2005, the SOCC authorized the submittal of a request for funding assistance from the FPCRA. Funding of $225,000.00 was received. Funding received from both, the June 8, 2004 FOOT grant submittal and March 22, 2005 FPCRA, were combined and used to acquire the property. On June 8, 2004, the SOCC authorized submittal of a grant application to the FOOT Intermodal Grant Program for funding to assist with the acquisition of the land, located at the intersection of Avenue 0 and North 8th Street, Fort Pierce, Florida 34950, in which $225,000.00 was awarded. Staff Recommendation: Authorize the submittal of a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding for phase III of the design and construction of the intermodal transfer facility, located at North 8th Street and Avenue D. Fort Pierce. Florida 34950. Attachment 1 of 4 FORT PIERCE REDEVELOP!vlE\JT A(ìE~CY CIt'. "f h'n PH·'U· ll\.' \: l,nh l'.-;. I po. R"x 146,' Fort Pierce. Fluncl;i )49)4.148C Tell!7!) 460<:2(\.' !-ax (772) 461·2li'i4 ward!u CI[\.t'ilrtriercc.cuIl1 June 10, 2008 Mr Jeff Weidner Florida Department of Transportation Office of Modal Development District 4 Office 3400 West Commercial Boulevard Fort Lauderdale. FL 33309 Re: Intermodal Development Program-Certification of Local Funding Match Dear Mr. Weidner At the December 20,2006 meeting of the Fort Pierce Redevelopment Agency, the Board affirmed its support for St. Lucie County's application for the lntennodal Development program grant. The FPRA continues to support the development of an intermodal transit station and confirms that a cash match of$250,000 for this grant will be available from the Agency's coming 2009 fiscal budget, should the County be successful in its application We urge the Department to approve the County's application and anticipate the positive benefit to the community that this intennodal facility will bring ve any questions or comments regarding this issue, please contact this office Jon Director cc. Dennis W. Beach, City Manager FPRA Board Douglas M Anderson. County Administrator Attachment 2 of 4 '<t ....... o C'? - c: Q) E .c. t) ro ~ >- --. 5 ~~~ t: ~ ll!ll ~ ~ ~~~~~ 1.1. ""~." C "--c< < ~§~::; ;. ~~~~¿ ¿; , ¡: / ~ ~ .~ :::';;:::;: 8?:3, ~::/ r ~~~ ~~§2 aH ....:~;:<.... f;~§ t~~~ ~ ¿ ~ U ~ ~ ~ ~ g o ~ 7, §~ ~,~ ~~~ :5 "" ':::.:=.:;;;; 1i~ =~~ =3/. .::;::: r' -. ~ I: ~ é 7.- ;~ ¡]H ~. ~ w __ ~ ž 0 ~.' ~_j ~ ~'::: ;; ~~3 §~~~ ~_._:~"S_..' ' '- . E ª ~ ~ ::;::;;;:::: ="/:=:;:: Transit Transfer Facility at Avenue D & 8th St. Legend c:::::J Subject parcels (601-0080- -OOO.''l) (601-00B1- 000/1; ,00 I :6~·_o :I~: :' 086- O/€; , 00 o (5Ul-0026- "' 000./51 ,,(601-0027 000/51 __ (601-00?8- 00012) {€01-0029- 000/91 (60-1·0030 "I ~~~~---J (601-0031- 000/6) (6[11-003; noon, ,~~~ ~~i (601-003:) ClOOIO) fo- (fJ I (601-0034- b; .¡ o~~:)~ I (601-003S- ~ I :' 00014) : '00 '"0 '! ;;11 J" :¡ I: :! " 10 ' " I I'" (SOl-0106-o00!3) , 0 : (601-010t-00018) (501 ':'089- ~oori' 16Gl O~~;~,- . ,- I ~, (601-0037-000l8) j I ' \ ~ 0(6010039-00012) ,0 (6~1-0040-000121 , " I"' (601-0Q41-000¡9) 1: J: /i 0"'-;- : I: ~ 1--------- \~" I:S01-0Q44-000m;, I: I (601-0047-000/1) , " 0(601-0048-000/8" ; , : - ! 0, I 1 :1 o 30 60 90 120 oj ! o! < OJ (501-0095-000./2) o : 1601"0096-0(019) :1 f----~~~ o o! "' (601-Q097-000IG¡ .., -- '" (601-0098-000:3) '" (601-0099-00010) {601-0100-000i1; " " ;, (6Gl "" OOOI~ ,601 aO!)1 GOO,.\) {601-0092 -000/1:1 I ,:;;;:¡ ., : (601-00'9-0oo!') : I (601-0051-00D!2) _0 " n", -".- (601-0055-00010) (601-0059-000./8) (601-0050-000f8 :¡ :,r--.. :1 !~ I I J _\ N A Feet 9c;:_~~ Ots ___--.':--,,-- /601-0142- 000/7) 1601 01~' 000'01 c ~ 'i '" 1 :,~~:. ~61~1-_ " '" _WI! 010(3) '" _ 15. ~ : : 1 , ,601 014.l-- 000' :¡ (601-0163 c 000/0) "I" (6(,' ! /601 o 01 : 0162 0: 00013) -10-::;, , 50 I sr 15(11- c0165 -I ;~:- " }~', I ¡eo 0 :Ioo::;'~ : ¡GOl (J1G6 OOO¡.\) ~OO¡11 I ' 1'52:·1 :(801.;.ol~J4:l00m .1.'.5':1..-.'1 , ¡ __;," .J ·0 , ,.;., -.' : ~(60h0199'[)OO!1) . ~ 2~ : . .-.:, .., . ." .v,. . . " ., . - ".. '0' : : ------ , , ----~, ¡. "'~~ '~ - (601-C-2C3-000/3) ·1 c(601-0205-000f7} (60 -0206-QOOI4) " (601-0207-00011) fo- "., 0 c "'I CI) .. N'" .~ , 0 c:: '. rn µ~ I 0 J 0' -/60'" - 0140· ~, (601..0148- 000/9) I I: - ~. ~ ....~. ~ 1- : ~ :: " <r."':Y. >- 0 :> 1601 G12!)- üGflIO (601-0125- ~ 000/2:, (601- 0127-00Q/6) ;, ' :VENUE E (00' r,<1~ 000/31 " 1 H :1 ~I ~~~ ~ "'" C1~ 00016' --;--;- ~ ,~, '" Ql5Q-", OCOiG', CEDAR ST '" 1&01- 0100 =.. . . . _ 015~ ~ OOOI\JI 1601 01(;9- '601_ 0170 OC'012 OOO.'¿j AVENUE D (601-0176 000/4) , : DOC!6) , ^ '" (6el-0124- '" 00015; Attachment 4 of 4 -::, '" " '" ¡601 "'0126 ono,g (601·0-;34·00018) I (601-0157- 000/5) <> (601-0155- OOOil) , J I (6;::1 0171- " (601-0172-000.'6) (601-0175- 00017) 2..0 ." _ ,. ,., '''' \~ ,,-¡- ! " 0 r' c.o I 'I H 0\\\\ : '" ' (712-0007-000,15) ~ (712-0008- 000/5) (705-0158- 000/9) " " (705'0159 " 000/6) 3'~_ :1 i " ¡ ';:~!: ~i:; I ~ ~ ~ 0001;:', ~J .', (70~-0140-000iO. +~o :'['~ (705-0143· oeor¡ [, ", I ó œO:J II .000Z' '](]O'5¡ 'q' ! ~(l<U3·{)(Jj· (}O()'~i ..I t;) I . fo- .... U:: ,~ " ~ v (603'0030:-000/3) _'" '. 7 ~ ~. (603-0:J35-0001O) 9 t· (603-0038 -(J'JU " ¡'é ::(603-0039- 000/8' ~ (503-0042- 000/21 "'" L-.._ ~ é '" {60J-.002B-ooom; (603-]!J43-000I9l I' (705-0 : -000/ .! ;;:,' ,!: "! :r 'OOJ/2, 1_ ! I, ~; I ?Y.t-Ol~S ~ 000'0:' . ,,01" co J (603-0025- 000/41 (60H103 000/51 ,0 (60~"OO]2 OOJl'J' i 1603-003 000,4) '1.1 T,(60;-~0 I ~ 0001" ! ' I ~ 5 1 ! , I I: :1 I' I ,;)c ~ ....--....__1------- . / E.C /----- ~E.\'I\l þ: / ,// ---------~ r/ 1 AGENDA REQUEST ITEM NO: K3 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT ~] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Carine C. Williams t~ Transit Manager ' Authorize staff to submit a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding in the amount of $211,987.54, which will be utilized to expand the existing park and ride lot facility, located at Port St. Lucie Boulevard and Bayshore Boulevard. SUBJECT: BACKGROUND: See Attached Memo 08-187. FUNDS AVAILABLE: The project total is $211,987.54, and there is no required match for this project. PREVIOUS ACTION: N/A RECOMMENDATION: Authorize the submittal of the Port St. Lucie Boulevard and Bayshore Boulevard Park and Ride Lot expansion, to the Florida Department of Transportation Discretionary Grant Program, for funding in the amount of $211,987.54. COMMISSION ACTION: [}\ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou s . Anderson County Administrator County Attorney: x ;)~ j~ Oó""" /1 Originating Department~ ~ - Coordination/Sionatu res Management & BUdgetj\qr.~ Other ~ Purchasing: Other: Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #08-187 TO: Board of County Commissioners FROM: ( Corine C. Williams, Transit Manager A~ SUBJECT: Florida Department of Transportation Discretionary Grant Program -Port St. Lucie Boulevard and Bayshore Boulevard Park and Ride Lot Expansion DATE: July 1, 2008 The Florida Department of Transportation is authorized by the Florida Statute to provide discretionary funds for projects that encourage public transportation and multi-modal development. The purpose of the Park and Ride Lot Program is to provide for the purchase and/or leasing of private land for the construction of park and ride lots or the promotion of these lots. This program is an integral part of the commuter assistance program efforts to encourage the use of transit, carpools, vanpools and other high occupancy modes. The proposed project will be located at the intersection of Port St. Lucie Boulevard and Bayshore Boulevard, less than .5 miles from Florida's Turnpike, and will expand the existing park and ride lot. The project entails constructing 50 additional parking spaces, for a total of 80 parking spaces, to meet the growing park and ride lot needs. The expansion of the lot facility will also include signage at three designated locations, that include Port St. Lucie Boulevard, Bayshore Drive, and at the facility entrance. There exists a great demand for parking spaces by carpoolers/vanpoolers who commute to the South Florida region, specifically the Veteran's Hospital in West Palm Beach. The lack of available spaces has created a significant parking demand in the community, which has resulted in commuters parking at local business sites, or rejecting the overall formation of vanpools for this reason. Some local business community members are very unreceptive to the utilization of their property for this purpose due to liability issues. Staff Recommendation: Authorize the submittal of a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding in the amount of $211,987.54, for design and construction of the park and ride lot expansion, located at Port St. Lucie Boulevard and Bayshore Boulevard, Port St. Lucie, Florida 34984. Attachment 1 of 3 't-' Page 1 of 1 Corine Williams - Park and Ride Lot at Turnpike and Bayshore From: To: Date: Subject: "Rice Kent" , "williamsc@stlucieco.gov" 5/2/2008 11 :34 AM Park and Ride Lot at Turnpike and Bayshore To confirm our telephone conversation of this morning, the Turnpike Enterprise owns the property where the above mentioned Park and Ride lot is constructed. The lot was constructed by the City of Port St. Lucie utilizing a grant from FDOT District 4. Should you wish to add additional parking at this site, I don't foresee any problem as far as the Turnpike is concerned as long as any required permits are obtained. In addition, I imagine we would also want to review any plans for the expansion as we did review and approve the original plans for the lot. Should you have further questions please contact me. Kent Rice Government Affairs Officer Florida's Turnpike P. O. Box 9828 Fort Lauderdale, Florida 33310 Tel. 954-934-1104 Fax. 954-934-1383 Attachment 2 of 3 file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPGrp Wisc\48IAFC4 7SLCMAI... 5/2/2008 Attachment 3 of 3 ~ .'" 5è/._~~,_ GIS .'.",,_~~ June 2008 PARK & RIDE LOT EXPANSION C OO".1!1l 01-, D05 C [l7~ 01 "'''.' ... . ,." AGENDA REQUEST ITEM NO: K4 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. Williams ~ Transit Manager .' Authorize staff to submit a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding in the amount of $200,000.00, which will be utilized for planning, design, and engineering for the Phase I - Selvitz Road Surface Parking and Maintenance Facility, located on Selvitz Road north of Midway Road, Fort Pierce, Florida 34981. SUBJECT: BACKGROUND: See Attached Memo 08-188. FUNDS AVAILABLE: A 50:50 match is required. The property on Selvitz Road which is owned by St. Lucie County will be used as match for the project. Funds requested will be in the amount of $200,000.00. N/A PREVIOUS ACTION: RECOMMENDATION: Authorize the submittal of Phase I - Selvitz Road Surface Parking and Maintenance Facility, located on Selvitz Road, north of Midway Road, to the Florida Department of Transportation Discretionary Grant Program, for funding in the amount of $200,000.00. COMMISSION ACTION: ",J Pi APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dougl s . Anderson County Administrator County Attorney: x 'llf¡t<' OJ'\'') Originating Department' 0(1;- Coord inatio n/S iq natures Management & Budget ;if\if ~\ Other.j Purchasing: Other: Finance: x Check for copy only, if applicable ~ \. , COMMUNITY SERVICES MEMORANDUM #08-188 TO: Board of County Commissioners Corine C. Williams, Transit Manager /vl FROM: DATE: Florida Department of Transportation Discretionary Grant Program - Phase I - Selvitz Road Surface Parking and Maintenance Facility July 1, 2008 SUBJECT: The Florida Department of Transportation is authorized by Florida Statute to provide discretionary funds for projects that encourage pUblic transportation and multi-modal development. The Public Transit Service Development Program provides funding to local transit agencies to provide new or innovative projects that improvel expand public transit services to its constituency. Public Transit Service Development projects specifically include projects involving the utilization of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services; and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups. The St. Lucie Transportation Planning Organization approved their 5-year Transit Development Plan that recommended the creation of a multimodal transportation facility at a site where buses can be parked and maintained, and at a location which can be easily assessible by Greyhound Bus Line. This will also provide office space for the County's transit daily operations and potentially the site may house the future regional transportation authority. There are also plans for this site to become a Commercial Drivers License (CDL) training facility. This will assist the County in meeting a critical training need as identified by the Treasure Coast Workforce Board. A 50:50 match is required for the program. The requested funding amount is $200,000.00, and Selvitz Road which is owned by St. Lucie County and will be used as local match for the project. Staff Recommendation: Authorize the submittal of a grant application to the Florida Department of Transportation Discretionary Grant Program to apply for funding in the amount of $200,000.00, for planning, design, and engineering for Phase I - Selvitz Road Surface Parking and Maintenance Facility, located on Selvitz Road, north of Midway Road, Fort Pierce, Florida 34981. Attachment 1 of 3 , -- '"P.iID&iJ~'::;:> COUNTY .¿ LORI D A"""'" ~;' St. Lucie County Buses & Multimodal Facility Corine C. Williams - Transit Manager Beth Ryder- Director Community Services 437 N . 7th Street, Fort Pierce, FL 34953 Phone: 772-462-1777 In July 2005, the 81. Lucie Metropolitan Planning Organization approved a major update to its Five Year Transit Development Plan. The Plan identified the need for the replacement of fifty fixed and demand response buses as well as additional buses to expand fixed route service. The Plan also recommended the "creation of multimodal transportation hubs in central Ft. Pierce and Port 81. Lucie serving fixed routes, Greyhound bus service, potential Amtrak service and other transportation modes." 81. Lucie County currently has a bus fleet of 42 buses that are parked at two government office facilities in downtown Fort Pierce and Port 81. Lucie. The two facilities are too small for the current fleet and offer no room for transit expansion or fleet maintenance. Maintenance is currently contracted to a private service which requires additional time and manpower to deliver the buses to the maintenance service facility. 81. Lucie County would like to develop a multimodal facility at a site where the buses can be parked and maintained, that will be easily accessible to Greyhound services, and that will also will provide office space for the County's transit operations. There are also plans for the site to become a Commercial Drivers License (CDL) training facility. This will meet a critical training need as identified by the Treasure Coast Workforce Board. 81. Lucie County will be providing land for the site. The total estimated cost to purchase new buses and develop and build an multimodal facility is $12,738,711. REQUEST: 81. Lucie County requests $6,000,000 from the Formula and Bus Grants Account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to purchase seven new buses as well as help construct a multi modal facility. Attachment 2 of 3 Selvitz Road Donation Sè .Luc-W a,~~:'þ (iru-wt"/Z: Management Ð9'0rt71lent o 250 500 750 1,000 Feet , N A Attachment 3 of 3 1Y.' , AGENDA REQUEST ITEM NO: K5 DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT ~] TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: --- PRESENTED BY: Corine C. Williams f>~ Transit Manager ~ Request for a work authorization with Edlund, Dritenbas, Binkley Architects and Associates, P.A. (EDB) through continuing contract No. C05-05-248, to provide professional architectural services forthe design, permitting, and 100% drawings of the intermodal transfer station on Avenue D and 8th Street at a cost of $322,330.00. SUBMITTED BY DEPT: Community Services BACKGROUND: See Attached Memo 08-189. FUNDS AVAILABLE: PREVIOUS ACTION: Funding Account #130204-4910-549971-400, See Attached Memo 08-189. RECOMMENDA TION: Approve a work authorization to contract No. C05-05-248, EDB Architects, P.A. to provide professional architectural services at a cost of $322,330.00, for designing, permitting, and 100% drawings of the intermodal transfer station on Avenue D and 8th Street, and authorize the Chair to sign all documents. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou as . Anderson County Administrator County Attorney: x .)(~ ~ <) j ...-. Originating Department: ,/'3q Management & Budgetx ~ Purchasing: Other Other: Finance: x Check for copy only, if applicable ."r COMMUNITY SERVICES MEMORANDUM #08-189 TO: Board of County Commissioners Corine C. Williams, Transit Manager ¡p FROM: SUBJECT: Request for a work authorization with Edlund, Dritenbas, Binkley Architects and Associates, P.A. (EDB) through a continuing contract No. C05-05-248, for designing, permitting, and 100% drawings of the intermodal transfer station on Avenue 0 and 8th Street. DATE: July 1, 2008 On June 8, 2004, the Board of County Commissioners authorized submittal of a grant application to the Florida Department of Transportation Discretionary Grant. On March 22, 2005, the BOCC accepted the Joint Participation Agreement from the Florida Department of Transportation in the amount of $225,000.00 for the Avenue 0 & 8th Street Intermodal Transfer Station, with local match from St. Lucie County Public Transit Municipal Service Taxing Unit (MSTU) and the Fort Pierce Community Redevelopment Agency. On December 19, 2006, the BOCC approved staff to apply for FOOT Discretionary Grant not to exceed $1,000,000.000. On February 27 2007, the Board of County Commissioners approved the Florida Department of Transportation Joint Participation Agreement Supplement Number One in the amount of $275,000.00. The Fort Pierce Community Redevelopment Agency has provided a local match of 250,000.00, and S1. Lucie County contributed $25,000 from Public Transit Municipal Service Taxing Unit (MSTU). On May 10, 2005, the Board approved Contract No. C05-05-248 between St. Lucie County and Edlund, Dritenbas, Binkley Architects for continuing professional architectural services. This phase of the project will consist of EDB Architects and Associates providing professional architectural services which consist of designing, permitting, and 100% drawings of the intermodal transfer station on Avenue 0 and 8th Street, Edlund, Dritenbas, Binkley Architects will provide these services through No. C05-05-248 at a cost of $322,330.00. (Please see attached Scope of Work) Staff Recommendation: Approve a work authorization to continuing contract No. C05-05-248, EDB Architects, P.A. to provide professional architectural services at a cost of $322,330.00, for designing, permitting, and 100% drawings of the intermodal transfer station on Avenue 0 and 8th Street, and authorize the Chair to sign all documents. Attachment 1 of 3 - . Transit Transfer Facility at Avenue 0 & 8th St. Legend (Ei[)1-0D80- -000/4 /601-0051 000/11 D8&- 0,6 ------:J ¡ : (6Gl0,~~:, c I I O~ I r, (601-002"7"· "'I I" 000;5 ~I , (SOl-Den I 000:;::· T (6(lÎ-O~2~ I 00019 !601-0030 000/9 i (601-003, ¡ 00016 =¡ þO'-':'G::~ ,I , OOOi:~ : I ! r.'.____~ J/:::==c:-! ,//' ,f,O o 30 60 90 120 Subject parcels 0' Ie I", /601-0106-00013) "'1<- ~! "'(601-0095-00012) f--- i mOl-009l>-OOCV9 ( ( 1 I" /60,-0'01-00018. I: :1 160,-0097-000/6' 1;'0 01 (&l1-QOSS-DOOJ3) 01 I ----i =¡ 1 I:' (601.(J099-000t[}, (501-0100-00011) 1 f-;-c, . I Ice I", ",,," I O~g- 000'"' 000- I' 1 ~'- OC91 jO(o.'4, I 1:/601.00" I I 1 -oeOil! (601-0049-.-00015, ,,¡ i :1 ~." I ~J601-0039-00012 f'Ò040":OO~ Ie (601-00-41-000/9 I.· 1601-0051-000:'2 :.1 "( ------------..------ r- f/;: 11801-0044-000,10 I I· f- (j) I f- "" i I :1 [601·0055"000'0 I I ~ (ë01-0047:0~OI1\ tG01·00S9-000!8, I ~::' ~ I I I ----.J (601-0060-000/8' "i .-j 1 :¡ "~-j I "I 1 c-i 1 ------1 I ) :1 "I 1 - 1 Attachment 2 of 3 N A 150' 01;>? OOJIO I" (601-0124- Ie- 000/5 ""I :I--~ I,;,:" l I ^,:;~." 'I I , , 16C1-012r,· 000/2 í12-0007-000/8, I;' {712-000,0. j I , I ~ /601. 0127-00016) 000/5 Fee~ ~-'7a~~>_ VENUE E 01 ~1~- ~ I (105:;;~~ ~~'..c_~_~ I :j Q, ~, ="' -,50' 01d(l. 000:3 1 I x I j" ii05-0158· 000/9' I :~ 1&." 0'4-' ~, r;",') {501- I"" ow· 00':' 010i3J ."0, : /601-0148 000/9; 11705-0159 000/5 I ,", :i:~: l I ! ó " I CEDAR ST 016, 000'3' (601·0163- OOOtO '00' :1 ,.¡ " --- AVENUE D ~ i , (601-0176 000i4 1 I f5J3-0G28-000,'e 160-' ,I ,I 1 1603-0030 -(60'-0203·0001)' ,r501-020s-000n; _I 'i -(5D3-003B (){)ors !,601-0206-000!4 f601·020i-OOOJ1 J ,I I 1 'i t; (j) ." Z s --10 \gj :1 4 - Attachment 3 of 3 8AIÄ Document 814fM -1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as ofille Lday of June in the year 2008. (In words. indicate day, month and year) The first day of June in the year two thousand eight. BETWEEN the Architect's client identified as the Owner: (Name, address and other information) St. Lucie County, Florida 2300 Virginia A yenue Fort Pierce, Florida 34982-5652 and the Architect: (Name, address and other information) Edlund, Dritenbas. Binklev Architects and Associates. P,A. 65 Royal Palm Pointe. Suite-D Vero Beach, Florida 32960 For the following Project: #01 0408VB,SLC Ft. Pierce Multi-Modal Transit Facility (Include detailed description of Project) This project will consist of a multi-modal transit facility on five (5) lots on the corner of N. 8th Street and A yenue D in the City of Fort Pierce. The scope will include two masonry buildings (] ) for tickets and drivers lounge approximate] y 542 Sq. f t. and (1) for public restrooms, janitorial and vending approximately 671 Sq. ft. and an open colonnade with tower approximately 3,564 Sq. ft. Transfer parking for (4) hu~es and (]) trolley, 152' Lf. of parallel drop off at street. (4) employee parking, (l) handicapped, and (5) park and ride space~. Shaded user areas. A stair and ramp to Moore's Creek. The new areas will be ADA and FAC compliant for accessibilitv. The project will be multi-phased pending funding sources for the construction portion of the work. The Owner and Architect agree as follows: Init. AlA Document 8141'" - 1997 ParI 1. Copyright © 1917. 1926, 1948. 1951. 1953, 1958. 1961. 1963. 1966. 1967, 1970. 1974. 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Oocumenlls protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(¡(¡ Document, or any porlion of it! may result in severe civil and criminal penalties, and will be prosecuted '0 the maximum extent possible under the law. This document was produced by AlA software at 13:00:39 on 05/30/2008 under Order NO.1 000346941_1 which expires on 3/10/2009, and is not for resale. User Notes: (1923794021) 1 : St. Lucie County - Ft. Pierce Multi-Modal Transit Facility Opinion of Probable Construction Cost #1 1 June 2008 I. Site Work Development a. Selective on-site clearing and tree relocation b. Fill Dirt, Pad Prep and Compaction Testing c. Grading and Drainage Improvements (underground structures) d. Landscape (trees, shrubs and sod) e. Irrigation (pump station, 4" well, piping) f. Site Furniture (benches, bike racks, trash bins, signage) g. Contingency @ 10% $10,000.00 $7,000.00 $60,000.00 $150.000.00 $80,000.00 $40.000.00 $34.700.00 Subtotal I $381,700.00 II. Site Design a. Sidewalk Pavers @ 6,330 sq. ft. x $7.50 sq. ft. = $47,475.00 And Pavers @ Colonnade 3,240 sq. ft. x $7.50 sq. ft. = $24,300.00 b. Ramp @ 440 sq. ft. and Stair @ 300 sq. ft. c. Bus Drive & Bus Parking @ 7,877 sq. ft. x $29.50 sq. ft. d. Street Drop Off Lane @ 1,824 sq. ft. and Employee Parking Isle @ 2,112 sq. ft. x $27.50 sq. ft. e. Parking Spaces @ 10 x $5,500.00 f. Low Wall @ Drop Off Lane @ 180 If. And Raised Tree Beds @ 280 If. g. Contingency @ 10% $71,775.00 $20,000.00 $232,372.00 $63,096.00 $55,000.00 $9.200.00 $45.144.00 Subtotal II $496,587.00 III. Building Costs a. Ticket Booth, Lounge and Restroom @ $250.00 sq. ft. x 542 sq. ft. b.. Public Restroom. Janitor Closet @ $400.00 sq. ft. x 5,685 sq. ft. c c. Vending @ $250.00 sq. ft. x 1.035 sq. ft. . d. Colonnade @ $300.00 sq. ft. x 3,240 sq. ft. e. Tower @ $400 sq. ft. x $324 sq. ft. f. Security and Video Surveillance g. Contingency @ 5% $135,000.00 $227.200.00 $27,750.00 $972.000.00' $129,000.00 $15,000.00 $75,353.00 Subtotal III $1,582,403.00 IV. Contractor's P&O on I, II, III Above a. At 12% of Site and Building Costs $295,283.00 Subtotal I, II, III, IV $2,755,973.00 Note: Items II, 1II, and IV ($2,374,273) are the values used for DMS Fee Scale. C:\Doeuments and Settings\Mary\My Documents\OI0408VB\Opinion o[Cost #I.doc V. a. b. c. d. e. f. g. h. J. k. 1. m. n. p. Other Costs Site Plan Application Fee Water, Sewer, and Electric Impact Fees City Building Department Plan Review & Permitting Fire Marshall Review Fees Soil Borings & Report Surveying Services Civil Engineering Fees for Storm water, Drainage and Utility Designs Architectural, Structural, Plumbing, Electrical & HV AC Engineering Fees per DMS Scale for Average Complexity Projects A&E Reimbursable Expenses: Data Collection, Plots, Pints, Mailings, Specs, Mileage, Phones, Fed Ex, Landscape & Irrigation Design Interior Design Design Team Meetings and Correspondence with SLC & Ft. Pierce Redevelopment Agency to Coordinate Linear Park along Moore's Creek w/Transit Facility Design Consultant for Surveillance, Access Control, Communications and Security 1.10 Multiplier on Subcontractors Not Normal to Architectural Services Subtotal III Grand Total to Act as "Project Budget" ¡ "- $1,200.00 $5,4 1 0.00 $18,224.00 $5,697.00 $3,000.00 $6,900.00 $52,700.00 $17] ,227.00 $7,612.00 $28,000.00 $4,000.00 $6,000.00 $3,000.00 $9.360.00 $322,330.00 $3,078,303.00 NOTE: Opinions expressed in this report represent the professional opinion ofthefìrm of Edlund, Dritenbas, Binkley Architects and Associates, P.A. (EDB) who have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. EDB Architects, P.A. does not warrant that this opinion of probable construction cost will not varyfrom actual costs incurred by the client. This building or site is not programmed to be LEED Certified or Green by any standard. If this program is to include either of these requirements then additional services andfees will be required from all team members. C:\Documents and Settings\Mary\My Documents\O 1 0408VB\Opinion of Cost # l.doc < , PROJECT TIMELlNE SLC Ft. Pierce Multi-modal Transit Facility 1 June 2008 Pro Dosed Start Date Architect Agreement 1 Jun 2008 Programming Phase 24Jul2008 Schematic Design Phase 6 Aug 2008 Design Development Phase 28 Aug 2008 Working Drawings Phase 30 Sept 2008 Permits for Phase I Construction 17 Dec 2008 Bidding & Negotiations Phase I 6 Jan 2009 Contract with Contractor Phase I 5 Feb 2009 Construction Phase I 2 Mar 2009 ComDletion Date 24Jul2008 5 Aug 2008 27 Aug 2008 29 Sep 2008 16 Dec 2008 21 Jan 2009 4 Feb 2009 25 Feb 2009 5 Aug 2009 Note: These are suggested phases and are subject to change by the Owner. Consecutive phases are contingent upon funding sources: Phase I consists of site infrastructure and the bus drive loop, landscaping, benches, vending area, restrooms, site lighting and limited parking. Phase II consists of the main concourse building. Phase III consists of the ticket booth, drivers lounge, staff restroom and main landmark tower. Phase IV consists of site hardscapes, walks, additional parking, stair, ramp, and walkway at Moore's Creek and overhead trellis along the 8th Street R.O.W. 1-15 C\Documents and Settings\Mary\My Documentsl01 0408VB\PROJECT TIMELlNE.doc ¡ - , ARTICLE 1.6.0 OTHER CONDITIONS OF THE AGREEMENT (SLC Ft. Pierce Multi-Modal Transit Facility) 1.3.2.1 Drawings, specifications and other documents, including those in electronic form. prepared by the Architect and the Architect's consultants are for use solely with respect to this Project Any other use shall be at the Owner's sole risk and without liability to the Architect or the Archit-;ct's consultants. Unless Owner fails hereunder to pay Architect therefor, Owner shall be deemed the owner of such drawings, specifications and other documents and shall have and retain all rights therein. In the event Owner is adjudged to have failed hereunder to pay Architect for such drawings, specifications or other documents, ownership thereof, and all rights therein, shall revert to the Architect. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them through Party to Party negotiations prior to mediation. Unless the parties mutually agree otherwise, mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a civil action but, in such event, mediation shall proceed in advance of legal or equitable proceedings, which may be stayed pending mediation for a longer period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.4.2.1 Costs for all building permit application fees, impact fees, connection fees, and plan review fees are not included in the Architect's fee. These fees shall be paid by the General Contractor or the Owner under a separate agreement. 1.4.2.2 The Owner will pay for any new or unforeseen impact fees, or agency fees which are not stipulated as inclusive in the Architect's stipulated fee and as listed in Article 1.5.5. 1.4.2.3 In the event either party, Owner or Architect, makes a claim against the other at law or otherwise, for any alleged error, omission, or other act arising out ofthe perfonllance of professional services, and fails to prove such claim, the losing party shall pay all reasonable attorney's fees. Venue shall lie in St. Lucie County, Florida. 1.5.2.1 For project procurement utilizing design/bidlbuild, and the Owner/Contractor Agreement is in effect based on the original contract documents prepared by the Architect, the Architect shall be compensated 7.21 % of Additive Change Orders for items not due to errors and omissions of the Architect or his consultants. There shall be no deduction of the Architect's fee on Deductive Change Orders if the item(s) were originally designed into the project, approved by the Owner, and contracted for construction by the General Contractor. For changes in the scope of work, and where the construction budget is increased, the Owner and Architect will re-negotiate additional compensation using the attached Department of Management Services chart, or by applying the following hourly rate scale: Paul Dritenbas, John Binkley, Greg Edlund, Principal Architects Design Architects Intern Arch itects Technical Level One - Senior CADD Manager Technical Level Two - CADD Designer Technical Level Three - CADD Technician Clerical and Accounting $125.00 per hour $ 95.00 per hour $ 85.00 per hour $ 70.00 per hour $ 65.00 per hour $ 55.00 per hour $ 45.00 per hour Page 1-13 1.5.2.2 For project procurement utilizing Construction Management at Risk, and the Owner/Contractor Agreement is in effect based on the original contract documents prepared by the Architect, the Architect's fee remains unchanged for extra costs incurred on the Project. All additional costs incurred by the Construction Manager at Risk will come out of the established contingency fund as part of his Guaranteed Maximum Price. For changes in the scope of work, and where the construction budget is increased, the Owner and Architect will re-negotiate an additional lump sum compensation, or by applying the following hourly rate scale: Paul Dritenbas, John Binkley, Greg Edlund, Principal Architects Registered Project Architects Intern Architects Technical Level One - Senior CADD Manager Technical Level Two - CADD Designer Technical Level Three - CADD Technician Clerical and Accounting $125.00 per hour $ 95.00 per hour $ 85.00 per hour $ 70.00 per hour $ 65.00 per hour $ 55.00 per hour $ 45.00 per hour END Page 1-13A Article 1.5.5 REIMBURSABLE EXPENSES SUMMARY FOR LUMP SUM SUBMITTAL (St. Lucie County Ft. Pierce Multi-Modal Transit Facility, I June 2008) 1. Programming Phase for data collection and project coordination 2. Geotechnical Soils Investigations, Testing & Reports 3. Landscaping and Irrigation Design, including reimbursables 4. Interior Design Fees; finish selections and Color Board 5. Surveying Services 6. Civil Engineering Design & Permitting 7. Design Consultant for Surveillance, Access Control, Communications and Security Systems 8. Transportation: 32 miles x 40 trips x $.40 per mile 9. Long Distance Calls: PhonelFax 10. AlE Reproductions: Computer Plots, Plan Printing, Specifications, Memos, RFI's, Digital Photo Processing 11. Design learn meetings and correspondence with SLC, Ft. Pierce Redevelopment Agency Community Transit and U.S.F. 12. Mailing Expenses: FedEx, USPS $1,500.00 $3,000.00 $28.000.00 $4,000.00 $6,900.00 $52,700.00 $3,000.00 $512.00 $100.00 $4,000.00 $6,000.00 $1.500.00 Subtotal $111,212.00 Consultants Multiplier per Article 1.5.4 @ 1.10 (Items #2, 3, 5, 6, 7) $9,360.00 Total $120,572.00 C:\Documents and Settings\Mary\My Documents\O I 0408VB\1.5.5.doc 1-14 "0L r ¡... ££C " ~ ;:; ci: = ~~~ B~ ~ ,~~ ""-...;;;. H~~ ~ ~lim ; ¡!Ill :2 ,.:. ~ tì ~ ~ ~ ~ H ~ g o ~ ..-¿ ~~ ~~~ ,""/',-,' 6 g 3 L, ~H~ ~~;~ ~;::;:2 =::J<¡ ~H~ ¡:::::¡;;=;; <~ ;-; ~ ~~ =~ ª¿ ~ :'{, >;; g§ :-sž šg ~~ ~ '/; :; >- ø E--< ...... ...... z ~ CI5 ::J < E--< u Z 0 0 U ...... <1 's <i;¡ ,'-'1 -+..:; <L 1.; ~ ,~ ~""" .i!:.r- q.¡~ ~~ ~,r-.:.. ~ ¡' ~ ~ i ¡;¡. i .J ¡:: I!J '" Q. .~ ~ !š ;.¡ "" ~ ~ !J ! C..) ~ .. .!Ii ~ Oi ill.. ~ OJ .i j c c ]t:! ~ i~~ Q<;J.!ð " " " . .. " ~ tV ~ ~ ~ ~ ,¡ ~ tV''¡: FE s:: Q~ .! ~ ~~ ~ s C; C, <:l c; ':l.... ~ I't; ll\¡~ ~~ Jl,.~ .Q ~ ",'" '" '" e ~ .I:l't:J ~ ~ -<5 !?; ~ § ~ r.¡¡ Q ~ ~ 15 '" '- ~;;;~Ei .. ::;; ^ '...tt.......¡1tl rf '€i ~ .~ ''ò''z ,0.. ~'8° ~ õ_o.:~ '" 1i3 Ii') '- ?1 'CJ 15 .ill 0 F E ffi ë5 " '10 '" .,' E: E '.þ 0 õ ~ '" 0 0 ~--.., <;;: ,C (j) c m " ¡:: Q ro E iD 0 '.J :;:¡ ¡:: (j) !C E ¡:: ;= ", e '" ,1) .Q '- (j) t:D Ë 1il ~ n 0 å Ë 'E 'Q1ì ~; ûJ ro ¡:: ì; :::;¡ 0 '" 0- 1tl ¡:: Q' 1<' @ 13 :::'1 ill () n J!5 E "" 2S ü iß .~ '" ...J Ç!) ffi £; '" . U) ú) {g (3 '" tl1 Ò E tV 15 ;= ~ CO :J -5 ûÌ) ë5 BÇ u 0 m E E QJ >- c, .. .. E * ~ "1 ¡siG ~~ ~¿ .ilI ¡:;?¡ €iN ~¿ ~~ § '''¡ '" ':l ..:'!i 0.. y' AGENDA REQUEST ITEM NO: 'K" DATE: July 1, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESENTED BY: John Franklin Housing Manager SUBJECT: Approval of a contract for demo/rebuild between E.O. Koch Construction and the Hamelin family. This project is funded by Community Development Block Grant (CDBG) funding. BACKGROUND: Attached is Memorandum No. 08-182. FUNDS AVAIL: Account #001404-6420- 549610-600 (CDBG Disaster Recovery- Contractual Subsidy) PREVIOUS ACTION: N/A RECOMMENDA TION: Approval to assign to E.O. Koch Construction a contract in the amount of $85,375.00 to demo/rebuild the Hamelin family home. County Attorney: x ~1(r &>6.-- Purchasing: x ~ COMMISSION ACTION: [ ] APPRO}(;D [ ] DENIED [)(j OTHER HtlleJ prior kJ rYle.e.hnfl Management & Budget x Originating Department: x Other· Other: Finance: x Check for copy only. if applicable 'i COMMUNITY SERVICES DEPARTMENT MEMORANDUM #08·182 TO: Board of County Commissioners DATE: July 1, 2008 FROM: John Franklin, Housing Manager SUBJECT: Approval of the contract between E.O. och Construction and the Hamelin family in the amount of $85,375.00 using Community Development Block Grant (CDBG) 2004 funds. On April 3, 2008, bids were opened for the CDBG Housing Replacement Bid #22 for a four bedroom home (Wimes family). Twenty-one (21) companies attended the mandatory walk thru meeting and fourteen (14) bids were received. On April 8, 2008, the Board of County Commissioners approved awarding to the low bidder, E.O. Koch Construction for $85,375.00, and contracts were signed between the homeowner and contractor. The 2004 CDBG Disaster Recovery Grant expires on August 1, 2008, and there are funds remaining to fund one more project, the Hamelin replacement project. One of the families that was approved for a demo/rebuild of their two bedroom home (Chavis) decided not to enter into the contract for this program. Staff has received permission from the funding source (the Department of Community Affairs [DCA)), the Assistant County Attorney, and the Purchasing Director to request approval to assign the bid for a similar home to Roland and Madonna Hamelin, using the same contractor, four bedroom house plan, and bid price. The Hamelin family, which includes four children, is currently living in a church, because their home is uninhabitable. The assignment would allow housing to meet the grant deadline and quickly assist this family. Attached are the following supporting documents: Attachment 1: Bid Tabulation Attachment 2: A letter from E.O. Koch Construction agreeing to the contract assignment. Attachment 3: An e-mail from the DCA approving the contract assignment. Attachment 4: E-mails from the Heather Lueke, Assistant County Attorney, approving the assignment. Attachment 5: A letter to DCA requesting approval of project. Attachment 6: A letter from DCA approving request. 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U <L> ¡: C ::: <1> : .::: 0 oeno 0=0 o ~o o en 0\ ~~a.r) 0\' == i ::: t--CfA fA;z ~ 'õ. 0:1 U Ü E ... :<i U .J:: U o ::<:: o u.i ..c: o o ::<:: ,....; '-' u.i o c: o o tr, ..0 0- fA = - ..... IU en 2: ~ Vi Õ = :r:. .8 '-< o o o o 7 ..0 o - fA - - ..... <1> en 2: IU if) 15 §:r: =: "'l: ..... (1) <fl 2: (1) Vi § ~:r: B '-< - - - ... OJ u: I 2: u ~";:: E VJ 0 =:r: o .... ~ = .S Õ :: .þ en "" Õ U N o if) -0 = (1)-0 ¡::: ..... ;: l."C Õ ~ u~ <1> ¡:.:: Attachment 1 , E.O. I(OCH (CONSTRUCTIO"N CO.) P. 0 Box 1965 - Sebring, FL 33l!71-l %5 Phone: (~63) 385-8649 - Fax (863) 385-93% License Number: CGe 1515331< C:.'~V"" ..- June 18, 2008 St. Lucie County - Board of County Commissioners 2300 Virginia Ave Fort Pierce, FL 34982 RE Roland and Madonna Hamelin 2870 Dame Road Fort Pierce, 3498] Parcel ID # 2419-431-0012-000-3 E. 0 Koch Construction agrees to honor it's bid price of$85375.00 for the four bedroom bid tor CDBG Invitation for Bid #22 (St. Lucie County Contract C08-04-200), and the company agrees to the assignment of contract. Thank you, E. 0 KOCH CONSTRUCTION. CO ~~/v- Clarence E. Polst Vice President and General Manager Attachment 2 JeIrirmer Lruz - E.U KOCh quotes I the "amenD 1<amlly From: To: Date: Subject: CC: <Jennifer .Marshall@dca.state.fl.us> <franklij@stlucieco.gov> 6/18/20089:29 AM E.O Koch quotes / The Hamelin Family "Jennifer Cruz" <CruzJ@stlucieco.gov>, "Jennifer Hance" <HanceJ@stlucieco.gov>, "Jessica Parrish" <ParrisW@stlucieco.gov>, "Dina Prestridge" <PrestriD@stlucieco.gov> John -- Per our conversation yesterday, please let this e-mail serve as written confirmation that I believe that it is okay to proceed using the bids from E.O. Koch to provide services to the Hamelin family. My letter approving that project is currently being routed internally to be sent to you. Keep in mind that this provisional approval is pending contractor clearance, and is subject to the terms of our contract and any program/state/federal statues, regulations and rules. If you have any questions, please feel free to contact me at your convenience. Thanks, Jenny Jennifer A. Marshall, Community Assistance Consultant Department of Community Affairs Florida Small Cities and Disaster Recovery CDBG Programs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Phone (850) 922-1791 Fax (850) 413-9358 The Department of Community Affairs is committed to maintaining the highest levels of service and values your feedback. Please take a few moments to complete our Customer Service Survey by visiting http://www.dca.state.f1.us/CustomerServiceSurvey/. Thank you in advance for letting us know what you think. The Florida Discount Drug Card is designed to lower the cost of prescriptions for certain Florida residents. To learn more, visit http://www.FloridaDiscountDrugCard.com or call toll-free 1-866-341-8894 or TTY 1-866-763-9630. Florida has a broad public records law and all correspondence. including email addresses, may be subject to disclosure. Attachment 3 Jennifer Cruz - Re: Piggyback Request ( From: To: Date: Subject: CC: Heather Lueke Jennifer Cruz 6/17/20082:20 PM Re: Piggyback Request Appel, Neil; Beth Ryder; John Franklin Neil and I were just talking about my last email and we both agree that it's more accurate to call this an assignment than a piggyback. So if you could use that word in the agenda item instead. We're really just transferring the same contract from one homeowner to another, so I think assignment is the best word. Sorry to make this more complicated. Jennifer Cruz - Re: Piggyback Request ~M'1~I_'j;\~~~~* From: To: Date: Subject: CC: =llt'!m'\iW~ = lOt - &M: Heather Lueke Jennifer Cruz 6/17/20082:10 PM Re: Piggyback Request Appel, Neil; Beth Ryder; John Franklin Hi Jenny, I'm good with this. I'm not sure about using the word "piggyback," but I can't think of anything better (besides calling it an emergency? or an assignment from one homeowner to the other?), so it'll do. Let me know if you need anything. -Heather »> Jennifer Cruz 6/17/20082:03 PM »> Hi Heather, As you discussed earlier today with John Franklin, attached are the contract C08-04-200 (EO Koch Const) and bid tabulation related to our request to piggyback. We are proposing to fund the build of the exact same home using grant funds that must be expended by August 1, 2008 or be returned. The family, including four children, has been living in a church for 3 months, because the home is inhabitable. We received 14 competitive bids. The piggyback option would allow us to meet the grant time line and assist this family quicker. Neil asked that we get your okay. We thank you for your support. With your approval, we hope to take the piggyback request before the BOCC on 6/24/08. Have a good day! jeVl-Vl-l:j Cruz Housing Program Specialist St. Lucie County SOCC Housing Division 772-462-2856 Phone 772-462-2855 Fax htto:/ /www.stlucieco.qov/communitv/housinqdepartment.htm Attachment 4 .. BOARD OF COUNTY COMMISSIONERS COMMUNITY SERVICES DIVISION ßETH [WDEI'. Dlr\ECTO~ June 12, 2008 Ms. Jennifer Marshall Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Ms. Marshall: Saint Lucie County is requesting permission from DCA to provide housing assistance to a family whose home was severely damaged in the 2004 hurricancs. The family purchased the home in 2006 not knowing that damage was concealed with cosmetic repairs, They have five children, four of which they unexpectedly received pemlanent custody. of after they purchased the home, The house is a 2-bed room, 1 bath home. The family has moved out of the home due to the health hazards such as poor air quality and is currently living in their church. Saint Lucie County proposes to assist this family using 2004 DR[ funds. Assisting this family wmlid not violate our CDBG Housing Assistance Plan or any local rules or reguhltions. Saint Lucie County is requesting approval to provide this family with a safe and decent home using 2004 funds. Thank you for your matter. c: CDBG Project Files JOSEPH E 5h\I'I-L Di~rrtctN(¡. 1 ~ DOUG COWAi\D, ')i:miCi NO.2" PN.JU\ þ,. LEWIS, Di51fC Nc.:) 'll" CHt,P,LE5 GRANDE, Distr:n Nc. d '" CHRIS CHAFí, [)isrrict Nü..) Coumy "'\Òn'lniSfl'crO" ~ DQV9Jos N\. Þ.nOerS'.Jfl 437 Norrh 7'" Srreer m Fon' PierCE' FL ·34950 . Phone (772) 462-1777 . FAX (772) 462··170J · 5uncolTl 259-1777 web sire: www.co.sr·lucie.fLus Attachment 5 .. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor JUN 1 8 Z008 THtiC'f~~ED BY JUN 2 0 Z008 Mr. John Franklin St. Lucie County 437 North 7th Street Fort Pierce, Florida 34950 ·s. . CoInmunlty.5ervKâ Re: Disaster Recovery CDBG Contract #06DB-3C-IO-66-01-W32/St. Lucie County Approval of Pending Housing Project Dear Mr. Franklin: 1 have reviewed your letter dated June 12, 2008 in which your office has requested permission to provide housing assistance to a family living in a house damaged during the 2004 storms. As long as St. Lucie County has not denied benefits to applicants who were not occupying their homes at the time of the storms and if the County feels confident that the activities can be completed by the grant's deadline, your request is approved. However, if previous applicants have been denied on the above premise, it is a requirement of this federal program that all applicants be treated the same and that the same criteria are used to determine eligibility. Therefore, if the County wants to determine that an applicant is eligible for the CDBG disaster assistance, it must also go back and re-evaluate the previous applications which were rejected on the same basis. Once the previously rejected applications have been addressed, the County could apply the same criteria to the applicant(s) in question for determining eligibility for benefits. Sincerely yours, .: [ J c/IJ/J CuJJ2f£[) o//nv¡\. ,r L . Qnnifer A. Marshall Community Assistance Consultant (J'Y cc: Jessica Parrish, St.Lucie County Nancy Phillips, Nancy Phillips and Associates 25 5 5 SHUMARD 0 A KB 0 U LEV A R D TALLAHASSEE, F L 32399 - 2 1 00 850-488-8466 (p) 850-921-0781 (f) Website: www.dca.'i.l,,_tg.~U .:Jc' COMMUNITY PLANNING 850·488-2356 (Pi 6S0-4ßB-3309 (f) HOUSING AND COMMUNITY DEVElOPMENT 850·488·7956 W Attachment 6 · ilr Agenda Request Item Number Meeting Date: 7A July 1, 2008 ~.~~ Consent Regular Public Hearing Leg. [ ] [ I [ I [ XI Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Department f1!o{r:l- Marty Sanders, School DIstrict. Exec. ~wIh Management 'MarkSat~ Director BACKGROUND: Ordinance No. 08-014 of the St. Lucie County Board of County Commissioners adopting the Public School Facility Element as part of the St. Lucie County Comprehensive Plan to provide for pUblic school concurrency and planning; providing for filing with the Florida Department of State; providing for the transmission of the Public School Facility Element to the Florida Department of Community Affairs pursuant to Section 163.3177, Florida Statutes; providing for conflict; providing for severability; providing an effective date; and providing for adoption. State law requires that local govemments adopt a Public School Facility Element as a part of their comprehensive plans to establish a framework for the planning of public schools (Section 163.3177, Florida Statutes). As directed by the legislation, the Florida Department of Community Affairs established a phased schedule for adoption of the Element with each local govemment. Sl. Lucie County's scheduled adoption date was set for May 1, 2008. SUBJECT: FUNDS AVAILABLE: PREVIOUS ACTION: N/A '-" At their meeting of May 20, 2008, after a lengthy discussion, the Board of County Commissioners continued the public hearing for the Public School Facilities Element to July 1, 2008 at 6:00 p.m. or as soon thereafter as it may be heard. The vote to continue was unanimous. The continuation was to allow the opportunity for scheduling a joint meeting with the BOGC and the School Board to discuss issues such as the potential placement of schools outside the Urban Service Area. The BOCe and School Board did hold a joint meeting June 9, 2008 to discuss the Element and Interlocal Agreement with the summary of the discussion being reflected in the final draft of the Element. At the March 20, 2008 Planning & Zoning Commission meeting the Commission voted to recommend that the Board of County Commissioners approve Ordinance No. 08-014 with the provisions that Growth Management meet with the School Board, annually, to review and assess their concurrency data and analysis, establish criteria for school site selection when outside the Urban Service Area and site selection criteria as it may relate to County historical policies. The motion carried unanimously (6-0). RECOMMENDATION: Staff recommends the Board approve the transmittal of Ordinance No. 08-014 to the Department of Community Affairs. rXl COMMISSION ACTION: L-J APPROVED D DENIED D Approved 5-0 Motion OTHER to approve as amended Douglas M. Anderson County Administrator County Attomey Cty. Engineer: Coordinationl Signatures E.R.D.: Other: Cty. Surveyor: Other: "'" , r ~ GROWTH MANAGEMENT DEPARTMENT \J PLANNING MEMORANDUM FROM: Peter W. J Planning Manager TO: THROUGH: ector of Growth Management DATE: June 24, 2008 SUBJECT: Statutorily Mandated Comprehensive Plan Updates Public School Facility Element State law requires that local governments adopt a Public School Facility Element as a part of their comprehensive plans to establish a framework for the planning of public schools (Section 163.3177, Florida Statutes). As directed by the legislation, the Florida Department of Community Affairs established a phased schedule for adoption of the Element with each local government. St. Lucie County's scheduled adoption date was set for May 1, 2008. At their meeting of May 20, 2008 the Board of County Commissioners continued the public...",¡Ì hearing for the Public School Facilities Element to July 1, 2008. The continuation was to allow the opportunity for scheduling a joint meeting with the BOCC and the School Board to discuss issues such as the potential placement of schools outside the Urban Service Area. The BOCC and School Board did hold a joint meeting June 9, 2008 to discuss the Element and Interlocal Agreement with the summary of the discussion being reflected in the final draft of the Element. The 'final draft' provides for the following: o Stronger language and siting criteria, with respect to the location of school facilities outside the County Urban Service Area, without compromising the State mandated requirements of the School Board. As a matter of policy recommends that the BOCC and School Board work together to explore methodologies to determine the long term costs of County services associated with public school facilities outside the Urban Services Area. Strengthens language regarding land use planning collaboration between the County and School Board. Eliminates redundant language regarding the 'nuts and bolts' review process, thus reducing the bulk of the Element, covered in the Interlocal Agreement. o o o Staff recommends the Board approve the transmittal of Ordinance No. 08-014 to the Department of Community Affairs. ....; '-' 1 2 3 4 5 6 7 B 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 \.,.. ORDINANCE NO. 08-014 FILE NO. PA-120081393 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ADOPTING THE PUBLIC SCHOOL FACILITY ELEMENT AS PART OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN TO PROVIDE FCR PUBLIC SCHOOL / CONCURRENCY AND PLANNING; PROylDlNG FOR FILING WITH THE FLORIDA DEPARTMENT OF STAtE; PROVIDING FOR THE TRASMITTAL OF THE PUBLIC SCHO FACILITY ELEMENT TO THE FLORIDA DEPARTMENT OF CO AFFAIRS PURSUANT TO SECTION 163.3177, FLORID ES; PROVIDING FOR CONFLICT; PROVIDING FO BILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDI DOPTION. WHEREAS, in 1990 the Board of County Commissl rs of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan; a rida Statutes, reqúires that each local government Use Plan in compliance with the Local Government Development Act, as amended from time to time; / WHEREAS, §163.3184(15}, Flon adopted by the governing body 0 atutes, requires that the Comprehensive Plan be e local government by Ordinance; and WHEREAS, §163.3177, Florida Statutes, and the applicable provisions of Chapter 9J-5, Florida Administrative ÓOde, requires that the Local Government Comprehensive Plan shall consist of goals, objectives and policies, procedures for monitoring and evaluation of the local plan, requirements for capital improvements, implementation and required maps; and WHEREAS, in 2005, the Florida Legislature enacted Chapter 2005-290, Laws of Florida, which provided for public school concurrency to ensure that public schools are available at the adopted level of service and concurrent with the construction of residential File No.: PA-120081393 July 1, 2008 Ordinance No. 08-014 Page 1 1 development; and 2 3 4 WHEREAS, pursuant to the recently-enacted legislation, the County desires to enhance 5 the coordination and integration of planning for school capacity with the comprehensive 6 planning processes; and 7 8 9 WHEREAS, County Staff recommends the approvaH)f the proposed amendments; and 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 ..J WHEREAS, the Local Planning Agency, a the proposed amendments to the Coun the amended Plan to the Board of Community Affairs ("DCA") with a favorab WHEREAS, the Board of Coúnty Commissioners, "ts meeting on May 20, 2008, Last printed 6/25/2008 11 :37 AM considered the propos dments to the County's Comprehensive Plan and voted to transmit the amen Ian to the Department of Community Affairs ("DCA") with a favoraQJé.récommen Ion; and C C / ...J WHEREAS, the County has received an Objeçtions, Recommendations and Comments ("ORC") the DC"Á; and responded to objections raised therein; and . c County/Commissioners deems that the adoption of the hensiVe Plan are in the best interests of the citizens and NOW, THEREFORE, IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA THAT: Section 1. The foregoing "Whereas· clauses are hereby ratified as true and correct and incorporated herein by this reference. Section 2. In order to comply with the provisions of Chapter 163, Florida Statutes, the Board of County Commissioners of St. Lucie County, Florida hereby adopts the File No.: PA-120081393 July 1, 2008 Ordinance No. 08-014 Page 2 ...., \.... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 \..,..- 2 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '-" County's Public School Facility Element attached hereto as Exhibit 1 amending the Comprehensive Plan by Ordinance No. 08-014. Section 3. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County solutions, or parts thereof, in conflict with this Ordinance are hereby superse his Ordinance to the extent of such conflict. Section 4. SEVERABILITY If any portion of this Ordinanc~/is for any reason Ii unconstitutional, inoperative or void, such holding shall no ect he remaining portions of this Ordinance. Ifthis Ordinance or any provision ttì shall be held to be inapplicable to any person, property,.~r circumstances ch holding shall not affect its applicabili any other person, property or circumstance. Section 5. The Clerk is hereby directed fo w the Bure~.u'· of Laws, Departme 32304. a certified copy of this Ordinance to Capitol, Tallahassee, Florida, OF COMMUNITY AFFAIRS Section 7. This Ordinance I take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), or Section 125.66(4)(a), Florida Statutes, or upon the Administration Commission issuing a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. File No.: PA-120081393 July 1, 2008 Ordinance No. 08-014 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ADOPTION '-" After motion and second, the vote on this Ordinance was as follows: Chairman Joseph E. Smith xxx Vice-Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft PASSED AND DULY ADOPTED This XX Day otXXXXx, 2008. ATTE Chairman ....J OARD OF COUtjTY COMMISSIONERS CIE COUNTY, FLORIDA / APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney ar File No.: PA-120081393 July 1, 2008 Ordinance No. 08-014 Page 4 ....J '-' '-" '-' Exhibit 1 Public School Facility Element 1 2 File No.: PA-120081393 July 1, 2008 Ordinance No. 08-014 Page 5 \..,.. ST LUCIE COUNTY PUBLIC SCHOOL FACILITIES ELEMENT GOALS OBJECTIVES & POLICIES Explanation. The following draft of the Goals, Objectives and Policies for the Public School Facilities Element has been developed as a template for St Lucie County local governments. The template uses St Lucie County as the baseline. It will be necessary that each local government review the language for consistency with format and terminology used by the local comprehensive plan and land development regulations. It will also be necessary that current goals, objectives and polices in your comprehensive plan be incorporated into the draft. As we have noted in our meetings, much of the language should be the same for all Public School Facilities Elements (PSFE) while other language is optional and/or can be modified by each local government. The draft is organized and color-coded to facilitate the local drafting process, Please note the following: '-' New Lanauaae Common indicates lanquaqe that should be identical for all local PSFEs. This lanquaqe addresses the basic uniformity of school concurrency and/or represents lanquaqe currentlv contained in the Interlocal Aqreement for Public School Facilities Planninq (adopted in Sept 2006). You are welcome to suqqest chanqes to this lanquaqe but everyone will need to be in aqreement on such chanqes (exceptions of course include terminoloqy chanqes for consistency with your comp plan and codes). Existina Lanauaae Local Option indicates language currently contained within your comprehensive plan. The language shown in the draft is from the County Comprehensive Plan. The municipality language will obviously be different. New Language Reauired Topic - LanauaQe is Local Option indicates topics that are required to be addressed but can be addressed differently by each local government. Consequently, you may apply the language offered or modify as you see fit. New Lanauaae Option indicates language that is at your option and discretion. We are available to assist you to develop your local version. Please call if you have questions. \..., New Lanauaae Common Page 1 of 41 Existing Language Local Option New LanQuaQe Reauired Topic - LanguaQe is Local Option New LanQuaae Local Option ST LUCIE COUNTY PUBLIC SCHOOL FACILITIES ELEMENT GOALS OBJECTIVES & POLICIES GOAL 1: THE COUNTY SHALL COLLABORATE WITH THE 5T LUCIE COUNTY SCHOOL BOARD TO PLAN FOR PUBLIC SCHOOL CAP ACITY TO ACCOMMODATE PROJECTED ENROLLMENT DEMAND WITHIN THE FIVE YEAR. TEN YEAR AND TWENTY YEAR PLANNING PERIODS OBJECTIVE PSFE 1.1: LAND USE AND SCHOOL CAPACITY COORDINATION r9J·5.025(3)(b)(4)(5). and (6) F.A.C.l It is the obiective of St Lucie Countv to coordinate land use decisions rsee definitionl with school capacitv plannina. This objective will be accomplished recoanizina the ST LUCIE COUNTY SCHOOL BOARD's statutory and constitutional responsibility to provide a uniform svstem of free and adeauate public schools. and the County's authority for land use. includina the authority to approve or deny petitions for future land use. rezonina. and subdivision and site plans for residential development that aenerate students and impact the St Lucie County school system. POLICY PSFE 1.1.1 Coordinated Map Series r9J·5.025(3)(c)(6). (4)(a) and (4)(b) F.A.C.l The County. in conlunction with the ST LUCIE COUNTY SCHOOL BOARD and the Municipalities. shall toaether. develop and annually update and maintain a public school facilities map series as supportina data and analysis. This map series includina the planned aeneral location of schools and ancillarv facilities for the five- year plannina period and the lona-ranae plannina period. will be coordinated with the County's Future Land Use Map or Map Series.. The Map Series . to be developed. shall include at a minimum: (a) A map or maps which identify existina location of public school facilities by type and existina location of ancillarv plants (b) A future conditions map or map series which depicts the planned aeneral location of public school facilities and ancillarv plants and renovated facilities by year for the five year plannina period. and for the end of the lona ranae plannina period of the county. New Lanauaae Common Page 2 of 41 Existing Language Local Option New Lanauaae Reauired TOllic - Lanauaae is Local Oøtion New Lanauage Local Ootion J ...J oJ ~ \w. \..... (c) A map or map series which depicts School Capacity Plannina Areas (SCPAs) for hiah schools. middle schools and elementarv schools (d) A map or map series which depicts School Concurrency Service Areas (SCSAs) for hiah schools. middle schools and elementarv schools. POLICY PSFE 1,1.2: Coordinatina School Capacity with Growth The County shall coordinate land use decisions with the ST LUCIE COUNTY SCHOOL BOARD's LonQ RanQe Facilities Plans over the 5-vear. 10-vear and 20-vear periods. POLICY PSFE 1.1.3: Geoaraphic Basis for School Capacity Plannina. For purposes of coordinatina land use decisions with school capacity plannina. the School Capacity Plannina Areas (SCPAs) that are established for hiQh. middle and elementarv schools as part of the Interlocal Aareement for Public School Facility Plannina shall be used for school capacity plannina. The relationship of hiah. middle and elementarv capacity and students anticipated to be aenerated as a result of land use decisions shall be assessed in terms of its impact (1) on the school system as a whole and (2) on the applicable SCPA(s) For purposes of this planninQ assessment. existina or planned capacity in adiacent SCPA(s) shall not be considered. POLICY PSFE 1.1.4: Local Government Notice of Development Proposals nLA Section 9.31 The County aarees to aive the School Board notification of land use applications and development proposals pendina before them that may affect student enrollment. enrollment proiections. or school facilities. Notice to the School Board will include copies of the meetina aaenda and all County staff comments and other attachments related to any pendina application or development proposal potentiallv affectina student enrollment. enrollment proiections. or school facilities. Notice to the School Board will be provided simultaneouslv with provision of such materials to the LPA. DRC. or Board of County Commissioners. This notice reauirement applies to any amendment to the comprehensive plan future land use map. rezonina. development of reaional impact. or maior residential or mixed-use develooment oroiect that oroooses (1) to increase the densitv of land bv New Lanquaae Common Page 3 of 41 Existing Language Local Option New Language Reauired Topic - Language is Local Option New Lanauaae Local Option more than 50 non-aae-restricted residential dwellina units. or (2) to construct or develoD more than 50 non-aae- restricted dwellina units or lots. POLICY PSFE 1.1.5: ST LUCIE COUNTY SCHOOL BOARD ReDort to County nLA Section 9.41 Within 30 days after notification by the County. the School Board will advise the local aovernment of the school enrollment imDacts anticiDated to result from the proDosed land use aDDlication or develoDment DroDosal. and whether sufficient school caDacitv exists or is planned to accommodate the imDacts. POLICY PSFE 1.1.6 School CaDacity Shortfalls nLA Section 9.51 If sufficient school caDacity is not available or planned to serve the develoDment at the time of imDact. the School Board will SDecifv how it DrODoses to meet the anticiDated student enrollment demand; alternatively. the School Board. the County. and the develoDer will collaborate to find means to ensure sufficient capacity will exist to accommodate the deyelopment. such as. deyeloDer contributions. proiect phasina. or deyeloDer provided facilitv improvements. POLICY PSFE 1.1.7: Criteria for Evaluatina Land Use and DeveloDment Applications [ILA Section 9.61 rSec 163.3177(6)(a) F.S.1 In reviewina and aDDrovina comDrehensive Dlan amendments. developments of realonal impact. rezoninas. and develoDment DroDosals. the County will consider the followina factors consistent with County codes and ordinances: a. School Board comments: b. Available school capacity or planned improyements to accommodate the enrollment resultina from the land use decision; c. The provision of school sites and facilities within Dlanned neiahborhoods; d. Compatibility of land uses adjacent to existina schools and reserved school sites: e. The co-location of parks. recreation and neiahborhood facilities with school sites: f. The linkaae of schools. Darks. libraries and other Dublic facilities with bikeways. trails and sidewalks for safe access: New Lanauaae Common Page 4 of 41 Existing Language Local Option New LanQuaae ReQuired Topic - Lanauaae is Local Option New Lanauaae Local ODtion J .J .J \... '-" '-' g. Traffic circulation plans which serve schools and the surroundina neiahborhood: h. The provision of off-site sianalization, slanaae. access improvements. and sidewalks to serve schools: and i. The inclusion of school bus stops and turnarounds. POLICY PSFE 1.1.8: Capacity Enhancement Aareements Where feasible and aareeable to the County. ST LUCIE COUNTY SCHOOL BOARD. affected jurisdictions and the applicant. Capacity Enhancement Aareements shall be used to ensure adeauate capacity is available at the time the school impact is created. The ST LUCIE COUNTY SCHOOL BOARD's Lona Ranae Facilities Plans over the 5-year. 10-year and 20-year periods shall be amended to incorporate capacity modification commitments established by Capacity Enhancement Aareements. OBJECTIVE PSFE 1,2: COMMUNITY DEVELOPMENT PLANS nLA Section 9.71 The County shall consider school capacity in the formulation of Community Development Plans POLICY PSFE 1.2,1: Factors Considered in Formulatina Community Development Plans In formulatina community development plans and proarams. the County will consider the followina factors: a. Schedulina capital improvements that are coordinated with and meet the capital needs identified In the School Board educational facilities plan: b, Providina Incentives to the private sector to identify and implement creative solutions to developina adeauate school facilities in residential developments: c. Taraetina community development improvements in older and distressed neiahborhoods near schools: and d. Worklna to address and resolve multliurisdictional Dublic school issues. OBJECTIVE PSFE 1.3: Evaluation and A raisal of Com New Lanauaae Common Page 5 of 41 Ex~tingLanguageLocalOption New Language ReQuired Toøic - Language is Local Oøtion New Lanauaae Local Option Section 9.81 The County shall consider school needs and school capacity in the Evaluation and Appraisal of Comprehensive Plans. POLICY PSFE 1.3.1: Evaluation and Appraisal of Comprehensive Plans nLA Section 9.81 a. In accordance with Section 163.3191. Florida Statutes. the LPA for each Local Government must prepare an EAR on the Comprehensive Plan for its area of iurisdiction at least once every 7 Years. or as otherwise scheduled bv the Florida Department of Community Affairs. b. Whenever a meetina of or hearinc before the LPA includes consideration of an EAR. the County shall provide to the School Board. prior to the meetinc or hearina. copies of (1) the meetinc or hearina aaenda. (2) any draft of the EAR under consideration. and (3) any staff analvsis. report. or recommendation prepared with respect to the EAR under consideration. c. The Countv shall provide the School Board a COpy of each EAR prepared bv the LPA prior to or concurrent with the submission to the Board of County Commissioners. d. Whenever a meetina of or hearina before the Board of County Commissioners includes consideration of an EAR or proposed amendments to the Comprehensive Plan to implement an EAR. the County shall provide to the School Board prior to the meetina or hearina. copies of (1) the meetina or hearina acenda. (2) any draft of the EAR or proposed Comprehensive Plan amendments under consideration. and (3) any staff analvsis. report. or recommendation prepared with respect to the EAR or proposed Comprehensive Plan amendments under consideration, e. The School Board may submit written comments to the County about the possible affect upon the School Board of any EAR or proposed amendments to the Comprehensive Plan that are necessary to implement an EAR. and the County shall aive due and appropriate consideration to such comments. f. The County mav reauest that the School Board provide technical assistance with respect to any EAR or proposed amendments to the Comprehensive Plan to implement an EAR and the possible affect upon the School Board. and the School Board shall endeavor to provide such assistance as time and resources permit. New Lanauage Common Page 6 of 41 Ex~üngLanguageLocalOpüon New Lanauaae ReQuired TODic - Lanauaae is Local ODtion New Language Local Option ...J ..J .~ '-' \w. \..- GOAL 2: PROVIDE ADEQUATE PUBLIC SCHOOL CAPACITY TO ACCOMMODATE ENROLLMENT DEMAND WITHIN A FINANCIALL Y FEASIBLE FIVE-YEAR DISTRICT FACILITIES WORK PROGRAM [9J-.025(3)(b)(1)F.A.C.] OBJECTIVE PSFE 2.1: IMPLEMENTATION OF SCHOOL CONCURRENCY The County shall coordinate with the ST LUCIE COUNTY SCHOOL BOARD to assure the future ayailability of adeauate public school facility capacity throuah its authority to implement school concurrency. POLICY PSFE 2.1.1: Amendment of Interlocal Aareement Bv Jul'; 1. 2008 September 1. 2008. the Countv shall amend the Interlocal Aareement for Public School Facilitv Plannina to implement school concurrencv in concert with the ST LUCIE COUNTY SCHOOL BOARD and the municipalities. The Interlocal Aareement shall be consistent with the aoals. objectives and policies of the Element. POLICY PSFE 2.1.2: Ordinance Implementina School Concurrencv [9J-5.025(3)(c)(4) F.A.C.l No later than Ostober 1. 2008 December 31. 2008. the Countv shall amend its land development reaulations to include provisions for public school concurrencv manaaement which shall become effective upon the effective date of this Element. OBJECTIVE PSFE 2.2: LEVEL OF SERVICE STANDARDS The Countv shall ensure that the capacity of public schools is sufficient to support new residential subdivisions. plats and/or site plans at the adopted level of service LOS standards within the period covered bv the five-vear schedule of capital improvements and the Ion a ranae plannina period. After the first 5-vear schedule of capital improvements. capacity shall be maintained within each year of subseQuent 5-vear schedules of capital improvements. New Lanauage Common Page 7 of 41 Existing Language Local Option New Lanauaae Reauired Topic - Lanauaae is Local Option New Lanauaae Local Option POLICY PSFE 2.2,1: Uniform Application of LOSS The LOS standards established herein shall be applied consistentlv bv all the local aovernments within St Lucie County and bv the ST LUCIE COUNTY SCHOOL BOARD district-wide to all schools of the same type. POLICY PSFE 2.2.2: LOS Standards for Hiah. Middle and Elementarv Schools r9J- 5.025(3Hc)(7)F.A.C.l The uniform. district-wide LOS standards shall be 100% of permanent proaram capacity for elementarv. middle. and hiah schools. The Florida Inventorv of School Houses (FISH) capacity shall be adiusted bv the ST LUCIE COUNTY SCHOOL BOARD annuallv to account for measurable proarammatic chanaes to create the permanent proaram capacity. rdefinltionl POLICY PSFE 2.2.3: LOS Standards for Title 1 Schools r9J-5.025(3HcH7lF.A.C.l The uniform. district-wide LOS standards shall be 90% of permanent FISH capacity for Title 1 Schools. POLICY PSFE 2.2.4: Temporarv LOSS Standard to Justify Expenditure r9J- 5.025(3HcH7lF .A.C.l To ensure that the addition of school capacitv is financiallv justified. a temporary LOSS mav be applied within a SCSA as follows: Hiah Schools -1.000 student stations above the LOSS established bv Policv 2.2.2 Middle Schools - 700 student stations above the LOSS established bv Policv 2.2.2 Elementarv Schools - 500 student stations above the LOSS established bv Policv 2.2.2 POLICY PSFE 2.2.5: Amendment of LOS Standard If there is aareement to amend the LOS standards it shall be accomolished bv the New Lanauaae Common Page 8 of 41 Existing Language Local Option New Lanauaae ReQuired Toøic - Lanauaae is Local Oøtion New Lanauaae Local Option .J ~ ..J \...- ~ \...- execution of an amendment to the Interlocal Aareement bv all parties and the adoption of amendments to the local aovernment comprehensive plans. The amended LOS standard shall not be effective until all plan amendments are effective and the amendment to the Interlocal Aareement for Public School Facilitv Plannina is fullv executed. Chanaes to LOS standards shall be supported bv adeauate data and analvsis showina that the amended LOS standard is financiallv feasible and can be achieved and maintained within the period covered by the first five years of the ST LUCIE COUNTY SCHOOL BOARD Five·Year Work Proaram. After the first five- year schedule of capital improvements. the capacity shall be maintained within each subseauent five-year schedules of capital improvements. OBJECTIVE PSFE 2.3: SCHOOL CONCURRENCY SERVICE AREAS r9J- 5.025(3){c){1) F.A,C.l The County shall, in coordination with the ST LUCIE COUNTY SCHOOL BOARD and municipalities. establish School Concurrency Service Areas lSCSA's). as the areas within which an evaluation is made of whether adeauate school capacity is available based on the adopted LOS standards. POLICY PSFE 2.3.1: School Concurrency Service Area Maps SCSAs for hiah. middle and elementarv schools shall be as adopted in the Interlocal Aareement . SCSA boundaries shall be included as a part of the Data and Analvsis supportina this Element and included in the PSFE Map Series as part of that supportina data POLICY PSFE 2.3.2: Criteria for School Concurrency Service Areas SCSAs shall be established to maximize available school capacity and make efficient use of new and existina public schools in accordance with the LOS standards. taklna into account minimization of transportation costs. limitations on maximum student travel times. the effect of court approved desegregation plans. and recognition of the capacity commitments resulting from the local governments within St Lucie County's development approvals within the SCSA and contiauous SCSAs. POLICY PSFE 2.3.3 Modi in School Concurrenc New LanQuage Common Page 9 of 41 Existing Language Local Option New Lanauaae ReQuired TO/Jic - LanQuaae is Local OfJtion New Language Local Option F.A.C.l ...J The Countv. in coordination with the ST LUCIE COUNTY SCHOOL BOARD and the MuniciDalities. shall reauire that Drior to adoDtina a modification to SCSAs. the followina standards will be met: a. Potential modifications to the SCSAs mav be considered annuallv. SUDDortina data & analvsis for modified SCSA's shall be included in the annual uDdate to the ST LUCIE COUNTY SCHOOL BOARD's 5 -Year Work Proaram b, Modifications to SCSA boundaries shall be based uDon the criteria as Drovided in Policv PSFE 2.3.2. c. SCSA boundaries shall be modified based on SUDDortina data and analvsis showina that the amended SCSA's are financiallv feasible within the five vear Deriod described bv the five year schedule of caDital imDrovements. d. Any Darty to the adoDted Interlocal Aareement may DrODose a modification to the SCSA boundary maDS. e. At such time as the ST LUCIE COUNTY SCHOOL BOARD determines that a SCSA boundary chanae is aDDroDriate considerina the above criteria. the ST LUCIE COUNTY SCHOOL BOARD shall transmit the DroDosed SCSA boundary modification with data and analysis to SUDDort the chanaes to the . J Elected Officials Grouo. ..."" f. The Elected Officials GrouD shall review the orooosed SCSA boundary modifications and send Its comments to the ST LUCIE COUNTY SCHOOL BOARD. g. Modifications to a SCSA shall become effective UDon final aODroval bv the ST LUCIE COUNTY SCHOOL BOARD and amendment of the Interlocal Aoreement for Public School Facilitv Plannino. OBJECTIVE PSFE 2.4: SCHOOL CONCURRENCY REVIEW PROCESS In coordination with the ST LUCIE COUNTY SCHOOL BOARD. the County will establish a ioint orocess for imolementation of school concurrency which includes aoolicability. caoacltv determination. availabilitv standards. and school caoacitv methodoloay. POLICY PSFE 2.4.1 Develooment Review New Lanauaae Common Page 10 of41J Existing Language Local Option ...." New Lanr:¡uar:¡e Required Tooic - Lanr:¡uar:¡e is Local Ootion New Lanauaae Local Option \....- \.. '-' The issuance of final subdivisions or plats and site plan approvals for residential development shall be subiect to the availabilitv of adeQuate school capacity based on the Level of Service (LOS) standards adopted in this Element. POLICY PSFE 2.4.2: Exemptions The followina residential developments are exempt from the school concurrency reQuirements: 1. SinQle familv lots of record that received final subdivision or plat approval prior to the effective date of the PSFE. or sinale familv subdivisions or plats activelv beina reviewed at the time of adoption of the PSFE that have received preliminarv subdivision approvals and there is no lapse in the development approval status. 2. Multi-familv residential development that received final site plan approval prior to the effective date of the PSFE. or multi-familv site plans activelv beinQ reviewed at the time of adoption of the PSFE that have received preliminarv site plan approvals and there is no lapse In the development approval status. 3. Amendments to subdivisions or plat and site plan for residential development that were approved prior to the effective date of the PSFE. and which do not increase the number of students Qenerated bv the development. 4. BindinQ aQe restricted developments that prohibit permanent occupancy bv persons of school aae. Such restrictions must be recorded and reQuire that the School Board consent to any chanaes to the aQe restrictions. The applicant must demonstrate that these conditions are satisfied 5. Group Quarters that do not Qenerate students that will be housed in public school facilities. includinQ residential facilities such as local jails. prisons. hospitals. bed and breakfast. motels and hotels. temporary emeraencv shelters for the homeless. adult halfwav houses. firehouse dorms. colleQe dorms exclusive of married student housina. and reliaious non-youth facilities. POLICY PSFE: 2.4.3: Student Generation Rates and Costs per Student Station Student aeneration rates used to determine the impact of a particular development application on public schools. and the costs per student station shall be determined in accordance with professionallv accepted methodoloaies and adopted annuallv bv the ST LUCIE COUNTY SCHOOL BOARD in the 5-Year Work Proaram. ThrouQh the Future land Use Amendment process the County and the ST LUCIE COUNTY SCHOOL BOARD shall work toaether in eXDlorina methodoloaies to New Lanauaae Common Page 11 of 41 Existing Language Local Option New Lanauaae Reauired Topic - Lanauaae is Local Option New LanQuaae Local Option determine the 10nQ term costs of County services associated with public school facilities that they may also be reflected in the 5-Year Work proaram, POLICY PSFE 2,4.4: School Capacity and Enrollment The uniform methodoloay for determinlnQ if a particular school is meetina adopted LOS standards. shall be determined by the ST LUCIE COUNTY SCHOOL BOARD. The ST LUCIE COUNTY SCHOOL BOARD shall use permanent program capacity as the methodoloQY to determine the capacity of elementarv. middle. and hiah school facilities. School enrollment shall be based on the enrollment of each individual school based on counts reported by the ST LUCIE COUNTY SCHOOL BOARD to the Department of Education. POLICY PSFE 2.4.5: Determination of Adeauate Capacltv r9J-5.025(3)(c}(8) F.A.C.l The ST LUCIE COUNTY SCHOOL BOARD rstaffl shall conduct a concurrency review for all development plan approval subiect to school concurrency. This review shall Include findinas and recommendations to the County whether there is adeauate school capacity to accommodate the proposed development. 1. Adeauate school capacity means there is sufficient school capacity at the adopted LOS standards to accommodate the demand created by a proposed development for each type of school within the affected CSA, 2. The ST LUCIE COUNTY SCHOOL BOARD's findinas and recommendations shall address whether adeauate capacity exists for each type of school. based on the level of service standards. If adeauate capacity does not exist. the ST LUCIE COUNTY SCHOOL BOARD shall identify possible mitiaation options that may be considered consistent with the policies set forth within Obiective 2.5. The County will issue a concurrency determination based on the ST LUCIE COUNTY SCHOOL BOARD written findinQs and recommendations. POLICY PSFE 2.4.6: Concurrency Availabilitv Standard School concurrency applies only to residential development or a phase of residential development reauirina a subdivision or plat approval. site plan. or its functional eauivalent. proposed or established after the effective date of the Public School Facilities Element (PSFE). The County shall amend the concurrency manaaement systems in its land development reaulations to reauire that all new residential development be reviewed for school concurrencv no later than the time of final subdivision final Dlat or final New Lanauaae Common Page 12 of 41 Ex~üngLanguageLocalDpüon New Lanauaae Reauired Tooic - Lanauaae is Local Dotion New Lanauaae Local Option J .J '-tÌ ~ ~ \..,., site plan. The County shall not deny a final subdivision. final plat or final site plan for residential development due to a failure to achieve and maintain the adopted LOS standards for public school capacity where: 1. Adeauate school facilities will be in place or under construction within three years after the issuance of the final subdivision. final plat or final site plan for residential development: or. 2. Adeauate school facilities are available In an adiacent SCSA. and when adeauate capacity at adopted LOS Standards will be in place or under construction in the adiacent SCSA within three years after the issuance of the final subdivision. final plat or final site plan approval: or. 3. The developer executes a lea ally blndina commitment to provide mitiaation proportionate to the demand for public school facilities to be created bv development of the property subiect to the final subdivision. plat or site plan (or functional eauivalent) as provided in this element. POLICY PSFE 2.4.7: Reservation of Capacity r9J-5.025(3)(c)(1)1 The County shall not issue a Certificate of Capacity for any non-exempt residential development application until the School District has issued a School Capacity Availabilitv Determination Letter verifvina capacity is available to serve the development. The School Capacity Determination Letter shall indicate a temporary commitment of capacltv of necessary school facilities for a period not to exceed six (6) months or until a Final Development Order is issued. whichever occurs first. (a) Once the Countv Issues a Certificate of Capacity as a part of the Final Development Order. the school capacity necessary to serve the development shall be considered reserved for the life of the Development Order (b) The County shall notify the ST LUCIE COUNTY SCHOOL BOARD within fifteen (15) days of the approval or expiration of a Concurrency Reservation for a residential development. No further determination of school capacity availabilitv shall be reaulred for the residential development before the expiration of the Certificate of Capacity. except that any chanae reauires review. POLICY PSFE 2.4.8: Subdivision and Site Plan Standards In the event that the ST LUCiE COUNTY SCHOOL BOARD determines that there is not sufficient capacity in the affected concurrency service area or an adiacent concurrenc service area to address the 1m acts of a ro osed develo ment the New Lanauaae Common Page 13 of 41 EXŒting Language Local Option New Lanauaae Reauired Topic - Lanauaae is Local Option New Lanauaae Local Option fOllowina standards shall applv. Either (i) the site plan or final subdivision must provide capacity enhancement sufficient to meet its impacts throuah proportionate share mitiaation under Obiective PSFE 2.5: or eii) the final site plan or final subdivision must be delaved to a date when capacity enhancement and level of service can be assured: or Wi) a condition of approval of the site plan or final subdivision shall be that the proiect's development plan and/or buildina permits shall be delaved to a date when capacity enhancement and level of service can be assured. POLICY PSFE 2.4.9: Capacity Availabilitv In evaluatina a subdivision plat or site plan for concurrency. any relevant proarammed improvements in years 2 or 3 of the 5·vear schedule of improvements shall be considered available capacity for the proiect and factored into the level of service analvsis. Anv relevant proarammed improvements in years 4 or 5 of the 5- year schedule of improvements shall not be considered available capacity for the proiect unless fundina for the improvement is assured throuah ST LUCIE COUNTY SCHOOL BOARD fundina to accelerate the proiect. into years 2 or 3 throuah proportionate share mltiaation. or some other means of assurina adeauate capacity will be available within 3 years. The ST LUCIE COUNTY SCHOOL BOARD may use relocatable classrooms to provide temporarv capacity while funded schools or school expansions are beina constructed or to accommodate shifts or fluctuations in enrollment. OBJECTIVE PSFE 2.5: PROPORTIONATE SHARE MITIGATION St Lucie County. in coordination with the ST LUCIE COUNTY SCHOOL BOARD. shall provide for mitiaation alternatives that are determined bv the ST LUCIE COUNTY SCHOOL BOARD to be financiallv feasible and will achieve and maintain the adopted LOS standard consistent with the adopted ST LUCIE COUNTY SCHOOL BOARD's financiallv feasible 5-Year Work Proaram. POLICY PSFE 2.5.1: Mitigation Options Mitiaation may be allowed for those developments that cannot meet the adopted LOS Standards. Mitiaation options shall include options listed below for which the ST LUCIE COUNTY SCHOOL BOARD assumes responsibilitv throuah incorporation in the adopted ST LUCIE COUNTY SCHOOL BOARD's financiallv feasible Five-Year Work Proaram and which will maintain adopted LOS standards. 1. The donation. construction. or fundina of school facilities or sites sufficient to offset the demand for public school facilities created bv the proposed development: New Lanauaae Common Page 14 of 41 Existing Language Local Option New Language Required Topic - Language is Local Option New Lanquaae Local ODtion ...J .J ~ '-' \w \. 2. The creation of mitiaation bankina within desianated areas based on the construction of a DubUc school facility in exchanae for the riaht to sell caDacity credits. 3. The establishment of a charter school with facilities constructed in accordance with the State Reauirements for Educational Facilities (SREF) and Drovides that the caDacity must revert to the School Board in the case of closure. and 4. The establishment of an Educational Benefit District and corresDondina school facilities to offset the demand for Dublic school facilities created by the DroDosed develoDment. rSections 1013.355-357 F.S.l POLICY PSFE 2.5.2: Mitigation Must Enhance Permanent CaDacity Mitigation must be directed toward a Dermanent caDacitv imDrovement identified in the ST LUCIE COUNTY SCHOOL BOARD's financiallY feasible 5-Year Work Proaram. which satisfies the demands created by the DroDosed develoDment consistent with the adoDted LOS standards. Relocatable classrooms will not be acceDted as mitiaation. POLICY PSFE 2.5.3: MitiQation to Meet Financial Feasibilitv MitiQation shall be directed to Droiects on the ST LUCIE COUNTY SCHOOL BOARD's financially feasible 5-Year Work Plan that the ST LUCIE COUNTY SCHOOL BOARD agrees will satisfy the demand created by that develoDment aDDroval. and shall be assured bY a leaallY bindina develoDment agreement between the ST LUCIE COUNTY SCHOOL BOARD. the County. and the aDDlicant which shall be executed Drior to the County's issuance of the final subdivision Dlat or the final site Dlan aDDroval. If the ST LUCIE COUNTY SCHOOL BOARD aarees to the mitiaation. the ST LUCIE COUNTY SCHOOL BOARD must commit in the aQreement to DlacinQ the imDrovement reauired for mitiaation on its 5-Year Work Program. New Languaae Common Page 15 of 41 Existing Language Local Option New LanQuaqe Required Topic - Lanquaqe is Local Option New Language Local Option POLICY PSFE 2.5.4: Calculatina Proportionate Share The applicant's total proportionate share obliaation to resolve a capacity deficiency shall be based on the followina: NUMBER OF STUDENT STATIONS (BY SCHOOL TYPE) = NUMBER OF DWELLING UNITS BY HOUSING TYPE X STUDENT GENERATION MULTIPLIER (BY HOUSING TYPE AND SCHOOL TYPE) PROPORTIONATE SHARE AMOUNT = NUMBER OF STUDENT STATIONS (BY SCHOOL TYPE) X COST PER STUDENT STATION FOR SCHOOL TYPE. The above formula shall be calculated for each housina type within the proposed development and for each school tvpe (elementarv. middle or high) for which a capacity deficiencv has been identified. The sum of these calculations shall be the proportionate share amount for the development under review. The ST LUCIE COUNTY SCHOOL BOARD averaae cost per student station shall include school facility construction land costs. and costs to build schools to emeraency shelter standards when applicable to the anticipated mitiaation proiect. The applicant's proportionate-share mitiaation obliaation shall be credited toward any other impact or exaction fee related to the student station cost imposed bv local ordinance for the same need. on a dollar-for-dollar basis. at fair market value. OBJECTIVE 2.6 ADOPTION OF ST LUCIE COUNTY SCHOOL BOARD FIVE-YEAR WORK PROGRAM r9J-5.025(3HbH1) and (3)F.A.C.l Effective July 1. 2008 and no later than December 1 st of each year thereafter. the County shall adopt by reference in its Capital Improvements Element. the ST LUCIE COUNTY SCHOOL BOARD's annually updated 5-Year Work Proaram. Policy PSFE 2.6.1: Development. Adoption and Amendment of the ST LUCIE COUNTY SCHOOL BOARD 5-Year Work Proaram The ST LUCIE COUNTY SCHOOL BOARD shall annuallv update and amend the Five- Year Work Proaram to reflect the (LOS) standards for schools to add a new fifth year. which continues to achieve and maintain the adopted LOS for schools. The Five-Year Work Proaram ensures the level of service standards for public schools are achieved and maintained within the Deriod covered bv the 5-vear schedule. After New LanguaQe Common Page 16 of 41 Existing Language Local Option New Lanauaae Reauired Topic - Lanauaae is Local Option New Language Local Option ~ ...J .J '-' \..,.. '-' the first 5-year schedule of caDital imDrovements. annual uDdates to the schedule shall ensure levels of service standards are achieved and maintained within the subseauent 5-year schedule of caDital imDrovements. The County shall have neither obliaation nor resDonsibilitv for fundina the Five-Year Work Proaram by adoDtina the ST LUCIE COUNTY SCHOOL BOARD's Five-Year Work Proaram into the CaDital ImDrovements Element. New Language Common Page 17 of 41 Existing Language Local Option New Lanauaae Reauired Tooic - Lanauaae is Local Ootion New LanguaQe Local Option GOAL 3: PROVIDE SAFE AND SECURE SCHOOLS SITED WITHIN WELL DESIGNED COMMUNITIES. OBJECTIVE PSFE 3.1: SCHOOL LOCA TION {FLUE Obiective 1.1.171 The County shall establish standards and criteria to auide the location of future schools within the Urban Service Area or within comprehensive community based land plannina projects such as the TVC. POLICY PSFE 3.1.1: Future Land Use Map to Designate Land Use Classifications Where Schools Are Permitted Future schools shall be allowable uses in all Future Land Use categories within the Urban Service Area except; industrial (I NO), Conservation - Public (Cpub), Residential/Conservation (RlC), Historic (H) and any Special District (SD) which is defined to exclude educational facilities. [FLUE Policy 1.1.17.1] POLICY PSFE 3.1.2: Future Land Use Designation for Public Schools [FLUE Policy 1.1.17.2] The Future Land Use designation for land on which a school is constructed or planned to be constructed shaff be changed by the County to Public Facilities (P/F) Land use at the earliest opportunity. POLICY PSFE 3.1.3: Schools LÐ6ated and Development Shall Be DiscouraQed Outside the Urban Service Area [FLUE Policy 1.1.17.3] Schools shall not be located outside the Urban Service Area described in Policy 1.1.5.1 unless: (a) the school is to be located on property owned by the School Board on or before January 1, 2001, or (b) it is demonstrated that the projected enrollment is primarily students which five outside of the Urban Service Area and are best served by a school also located outside of the Urban Service Area...Q! (c) a school in a planned development where such location has been vetted throuah a comprehensive. community based land plannina process (such as the TVC). or 1Ql.the schoof's curriculum focuses on agricultural uses consistent with those found in St Lucie County. New Lanauaae Common Page 18 of 41 EXŒüngLanguageLocalOpüon New Language ReQuired Topic - Language is Local Option New Lanauaae Local Option '¥Ì ~ ...J \..,.. \.." '--' OBJECTIVE PSFE 3.2 ENCOURAGE COMMUNITY PLANNING AND DESIGN. OF POLICY PSFE 3.2.1: ENHANCE COMMUNITY/NEIGHBORHOOD DESIGN The County. in coniunction with the ST LUCIE COUNTY SCHOOL BOARD. shall promote the neiahborhood concept in new developments or redevelopment bv encouraaina the use of existina schools as neiahborhood centers or focal points. POLICY PSFE 3.3.2: Compatibility of Adiacent Uses The County shall review development proposals for compatibility of uses adiacent to existinQ schools and known future school sites. POLICY PSFE 3.3.3: School Accessibility Bicycle and pedestrian facilities should be established around schools, especially areas near schools that are not served by the school bus system. [Transportation Policy 2.3.3.1] POLICY PSFE 3.3.4: Bus Stops The County shall, in cooperation with the ST LUCIE COUNTY SCHOOL BOARD, develop and adopt desiQn standards for school bus stops and turnarounds in new developments and re-development projects. POLICY PSFE 3.3.5: Safe Ways to School To reduce hazardous walkinQ conditions consistent with Florida's safe ways to school prOQram. St Lucie County. in coordination with the ST LUCIE COUNTY SCHOOL BOARD. shall implement the followinQ strateaies: a. New developments adjacent to school properties shall be reQuired to provide a riaht-of-wav and a direct safe access path for pedestrian travel to existinQ and planned school sites, and shall connect to the neiQhborhood's existinQ pedestrian network; b. For new development and redevelopment within 2 miles of an existinQ or planned school. the Countv . with input from the ST LUCIE COUNTY SCHOOL BOARD. shall determine alternative travel corridors for safe passaQe of students and shall reauire sidewalks alona the orooertv for the corridor that New LanQuaae Common Page 19 of 41 Existing Language Local Option New LanQuaQe Reauired Topic - LanQuaae is Local Option New LanQuaQe Local Option directly serves the school. or Qualifiesy as aR acceDtable desi(lnated walk or bicycle routes to the school: .J £.: To ensure continuous Dedestrian access to Dublic schools. Driority will be (liven to cases of hazardous walkinQ conditions Dursuant to Section 1006.23. Florida Statutes. and sDecific Drovisions for constructina such facilities will be included in the schedule of caDital imDrovements adoDted each fiscal year; d. Evaluate school zones to consider safe crossina of children alonQ maior roadways. includina Dossible sDeed limit reductions in school zones: and Drioritize areas for sidewalk imDrovements includina: schools with a hiah number of Dedestrian and bicycle iniuries or fatalities. schools reauirinQ courtesy busina for hazardous walkina conditions. schools with sianificant walkina DODulations. but Door Dedestrian and bicycle access, and schools needina safety imDrovements: OBJECTIVE PSFE 3.4: SCHOOL SITING STANDARDS The County will establish sitina standards for schools. POLICY PSFE 3.4.1: Evaluation of Potential School Sites filA Section 6.31 Potential school sites shall be consistent with the followinQ school sitina standards. to the extent practicable: ....J The location of schools Droximate to urban residential develoDment and contiauous to existina school sites. and which Drovide Dotential focal Doints for community activities. includina oDDortunities for shared use and co-location with other community facilities. !:. New school sites servina students outside the Urban Service Area shall not be considered unless it is shown that the Drojected enrollment in the 5-year work Dlan will aenerate at least 75% of the caDacity of the school from students outside the USA. The School Board may enter into an oDtion contract oJWao-eeRtr.act pursuant to the provisions of Section 1013.14. Florida Statutes for the Durchase of a site rior to ublic communit lannin. The School Board will hold a pub ' hearinQ to discuss the community plannina issues prior to exercisina the option for purchase. While the cost of a proposed school site is always an important consideration. The school board should review the Ion term ac uisition construction New lanauaae Common Page 20 of 41 Existing Language Local Option New Language ReCluired Topic - Lanauaae is Local Option New lanauaae local Option ....,J '-' and operational cost and select the site with the least expensive total proiect cost. \... b. The location of elementary schools proximate to and. within walkina distance of the residential neiahborhoods served: £:. Elementary schools should be located on local or collector streets when possible: Middle and high schools should be located near collector or arterial streets: d. .!!.:. Compatibilitv of the school site with present and future land uses of adiacent property considering the safety of students or the effective provision of education: t Whether existing schools can be expanded or renovated to support community redevelopment and revitalization. efficient use of existina infrastructure. and the discouraaement of urban sprawl: 9.:. Site acauisltion and development costs: h. Safe access to and from the school site bv pedestrians. bicvclists and motor vehicles: b Existing or planned availabilitv of adeauate public facilities and services to suoport the School: 1 Environmental constraints that would either preclude or render infeasible the development or sianificant expansion of a public school on the site: k. Adverse impacts on archaeoloaical or historic sites listed in the National Reaister of Historic Places or designated bv the affected local aovernment as a locallv sianificant historic or archaeoloaical resource or listed on the Florida Master Site File or archaeoloaical sites located within an archaeoloaical desianated zone: New Lanauaae Common Page 21 of 41 Ex~UngLanguageLocalOpUon New Lanauaae Required Toøic - LanQuaae is Local Oøtion New Lanauaae Local Option '- 1:. The proposed location is consistent with the local aovernment comprehensive plan. storm water manaaement plans. or watershed manaaement plans: !!!:. The proposed location is not within a velocity flood zone or floodway. as delineated on pertinent maps identified or referenced in the applicable comprehensive plan or land development reaulations: !b The proposed site can accommodate the reauired parkina. circulation and gueuing of vehicles: and ~ The proposed location lies outside the area reaulated bv Section 333.03. F,S.. regarding the construction of public educational facilities in the vicinity of an airport. OBJECTIVE PSFE 3.5: SCHOOL DEVELOPMENT STANDARDS Coordinate with the St Lucie County School Board and other educational institutions to locate future educational facilities in a manner which provides for their needs without undue negative impact on the proposed school, surrounding land uses, or public facilities.[FLUE Objective 1.1.17] POLICY PSFE 3.5.1: School Development Standards As provided in Chapter 1013, Florida Statutes, the Land Development Code may include reasonable development standards and conditions for school site plans in accordance with Chapter 1013 Florida Statues, so long as those standards and conditions are not in conflict with Chapter 1013, Florida Statutes or the State Building Code. [FLUE Policy 1.1.17.5] a. The location. arranaement. and Iiahtina of play fields and playarounds shall be located and buffered as may be necessary to minimize impacts to adjacent residential property. b. Maximum heiaht of the school structure shall adhere to the heiaht reauirements established for the zonina district for the school site zonina district. c. Buildina setbacks from property lines for all schools shall adhere to the minimum buildina setback reauirements established for the zonina district for the school site zonina district. New Lanauaae Common Page 22 of 41 Existing Language Local Option New Lanøuaae Reauired Topic - Lanøuaøe is Local Option New Lanauaae Local Option ~ ,..J ~ \..- \.... \...... d. All parkina areas on school sites shall adhere to the minimum setback reauirements established for the zoninCl district. e. Access to school sites shall be aoverned by the County's access manaaement reaulations. includina installation by the ST LUCIE COUNTY SCHOOL BOARD. or other party as determined by St Lucie County. of all access-related improvement reauired by such reClulations. All school sites shall be connected to the existina network by existina paved roads. f. The site shall be reauired to provide bicycle/pedestrian connections to sidewalks. trails. and bikeways internal or adiacent to residential neiQhborhoods. includinQ the provision of safe roadway crossinas. OBJECTIVE PSFE 3.7: COORD/NA TION OF SUPPORTING INFRASTRUCTURE (9J- .025(3)(c)(5J1 The Countv shall coordinate with the ST LUCIE COUNTY SCHOOL BOARD plans for supportina infrastructure. POLICY PSFE 3.7.1: Coordination of Planned Improvements The Countv shall annuallv update and amend the Capital Improvements Element to include the ST LUCIE COUNTY SCHOOL BOARD's 5- Year Work ProQram to reflect the infrastructure reauired to support new school facilities. New Lanauaae Common Page 23 of 41 Existing Language Local Option New Lanauaae ReQuired Topic - Lanauaae is Local Oøtion New Lanauaae Local Option GOAL 4: PROMOTE AND OPTIMIZE INTERGOVERNMENTAL COOPERATION FOR EFFECTIVE FUTURE PLANNING OF PUBLIC SCHOOL SYSTEM FACILITIES. OBJECTIVE PSFE 4.1: SCHOOL BOARD REPRESENTATION POLICY PSFE 4.1.1: School Board Representation on LPAs rSection 163.3174(1\ F.S.1 nLA Section 9.11 The County will include a nonvotina representative appointed bv the School Board on the LPA to attend those meetinas at which the aaencies consider Comprehensive Plan amendments and rezoninas that would. if approved. increase residential density on the property that is the subiect of the application. The appointment of a nonvotina representative for the School Board shall not affect the auorum or votina reauirements of the LPA. nor entitle such representative to compensation or expense reimbursement otherwise applicable to the votina members ofthe LPA. POLICY PSFE 4.1.2: Development Review Representative nLA Section 9.21 The School Board will appoint a representative to serve on the staff Development Review Committee (DRC) of the County. The School Board representative will be provided aaendas for review and invited to participate in each meetina of the DRC when development and redevelopment proposals are proposed which could have a sianificant impact on student enrollment or school facilities. OBJECTIVE PSFE 4.2: JOINT MEETINGS The County shall participate in meetinas and other actions established to promote coordination and the sharina of data and information, POLICY PSFE 4.2.1: StaffWorkina Group nLA Section 2.11 A staff workina aroup of the Local Governments and School Board will meet on a semiannual basis to discuss issues and formulate recommendations reaardina coordination of land use and school facilities Dlannina. includinn such issues as ....J c..J New Lanauage Common Page 24 of 41 ..J Existing Language Local Option . New Lanauaae Reauired Toøic - Lanauaae is Local Oøtion New Language Local Option ~ population and student proiections. smart growth development trends. school needs. co-location and joint use opportunities. and ancillarv infrastructure improvements needed to support the school and ensure safe student access. Representatives from the ReQional PlanninQ Council will also be invited to attend. The Superintendent shall be responsible for makina meetina arranQements and rovidin notification of meetin s. ILA Section 2.2 POLICY PSFE 4.2.2: Joint Workshop Sessions rJLA Section 2.21 One or more of the elected representatives of the County. each City. and the School Board will meet at least annually in joint workshop sessions. A representative of the Reaional Plannina Council will also be invited to attend. The ¡oint workshop sessions will be opportunities for the Local Governments and the School Board to hear reports. discuss policy. set direction. and reach understandinQs concernina issues of mutual concern reaardina coordination of land use and school facilities plannina. includina population and student arowth. development trends. school needs. off-site improvements. and loint use opportunities. The Superintendent of Schools. or desianee. shall be responsible for makina meetina arrangements and providinQ notification to the aeneral public of the annual meetina. rJLA Section 1.21 '-' OBJECTIVE PSFE 4.3: STUDENT ENROLLMENT & POPULATION PROJECTIONS [ILA Sectjon 31 The ST LUCIE COUNTY SCHOOL BOARD will coordinate with the County and the Local Governments to maintain and update student enrollment and population projections. POLICY PSFE 4.3.1: Review of Projections ULA Section 3.11. In fulfillment of their respective plannina duties. the St Lucie Countv School Board. the County and the local aovernments aaree to coordinate and base their plans upon consistent projections of the amount. type. and distribution population growth and student enrollment. Countywide five-year population projections developed by the County and five-year student enrollment projections developed by the School Board shall be revised annually and provided at the first staff workinQ aroup meetina described in Policy PSFE 4.2.1. '-' New Lanauaae Common Page 25 of 41 Existing Language Local Option New LanQuaQe Required Toøic - LanQuaQe is Local Oøtion New Lanauaae Local Option POLICY 4.3.2: Basis of Projections. r1LA Section 3.21 The School Board shall utilize student population projections based on information produced by the demoaraphlc. revenue. and education estimatina conferences pursuant to Section 216.136. Florida Statutes. where available. as modified by the School Board based on development data and aareement with the local aovernments and the Office of Educational Facilities and SMART Schools Clearinahouse. The School Board may make adjustments to the estimatina conferences' projections to reflect actual enrollment and development trends. In formulatina such adjustments the School Board will coordinate with the Local Governments reaardina development trends and future population projections. POLICY PSFE 4.3.3: Allocation of Enrollment r1LA Section 3.31. The School Board. workina with the Local Governments. will use the information described in Section 4.3 to allocate projected student enrollment into SPCAs so that the District-wide projections are not exceeded. The SCPAs will be established by mutual consent of the School Board and Local Government staff. The allocation of projected student enrollment will be determined at the first joint staff workina aroup meetina described in Policy PSFE 4.2.1. Policy PSFE 4.3.4: Provision of Reports r1LA Section 3.41 The Local Governments shall provide the School Board a COpy of each population report. count. or proiection; residential buildina permit report. count. or proiection; and demoaraphic study or analysis prepared or received by any of them within thirty (30) days of preparation or receipt. The School Board shall provide the Local Governments a COpy of each student enrollment report. count. or proiection and demoaraphic study or analysis prepared or received by the School Board within thirty (30) days of preparation or receipt. Alternatively, the parties may comply with the reauirements of this subsection by makina each such report available at the next semiannual staff workina aroup meetina that follows preparation or receipt of the report. POLICY PSFE 4.3.5: The School District's Five-Year Facilities Work Proaram. r1LA Section 4.11 On Auaust 1st of each year. the School Board shall submit to the Local Governrnents the tentative District educational facilities plan prior to adoption by the Board. The plan will be consistent with the reauirements of Section 1013.35. Florida Statutes. and include projected student populations apportioned aeoaraphically. an inventory of existina school facilities. projections of facility space needs. information on relocatables. aeneral locations of new schools for the 5-. 10-. and 20-Year time periods and ootions to reduce the need for additional permanent student stations. New Lanauage Common Page 26 of 41 Existing Language Local Option New Lanauaae Required Topic - LanauaQe is Local O"tion New Language Local Option .~ .J ~ \..-. \.., '- The plan will also include a financially feasible District facilities work proaram for a 5·year period. The Local Governrnents shall review the plan and comment to the School Board within 30 days on the consistency of the plan with the local Comprehensive Plan. whether a Comprehensive Plan amendment will be necessary for any proposed educational facility. and whether the Local Governrnent supports a necessary Comprehensive Plan amendment. If the Local Governrnent does not support a Comprehensive Plan amendment. the matter shall be resolved pursuant to procedures established in the Interlocal Aareement for Public School Facility Planning POLICY PSFE 4,3.6: Educational Plant Survey. fiLA Section 4.21 Annually and prior to preparation of the Educational Plant Survey update. the staff workina aroup established in Policy PSFE 4.2.1 will assist the School Board in an advisory capacity in the preparation of the update. The Educational Plant Survey shall be consistent with the reauirements of Section 1013.31. Florida Statutes. and include at least an inventory of existina educational facilities. recommendations for new and existina facilities. and the general location of each in coordination with the land use plan. The staff workina aroup will evaluate and make recommendations reaardina the location and need for new. or sianificant renovation and expansion of existina educational facilities with the Comprehensive Plan. and relevant issues established in this Element. POLICY PSFE 4.3.7: Growth and Development Trends. r1LA Section 4.31 By October 15th of each year. the Local Governments will provide the School Board with a report on arowth and development trends within their respective jurisdictions. This report will be in tabular. araphic. and textual formats (in electronic form using the respective Local Government's aeoaraphic information system data base) and will include the followina: a. The type. number. and location of residential units which have received zonina or site plan approval: b. Information regarding comprehensive land use amendments which have an impact on school facilities: c. Residential buildina permits and I or certificates of occupancy issued for the precedina year and their location: d. Information reaardina the conversion or redevelopment of housina or other structures into residential units which are likely to aenerate new students: and e. The identification of any development orders issued which contain a reauirement for the provision of a school site as a condition of development New Language Common Page 27 of 41 Existing Language Local Option New Language Required Topic - Language is Local Option New Language Local Option ..J OBJECTIVE PSFE 4.4: SCHOOL SITE SELECTION. EXPANSIONS AND CLOSURES r1LA Section 61 The County. in coniunction with the ST LUCIE COUNTY SCHOOL BOARD. shall implement an effective process for identification and selection of school sites and for the review of sianificant expansions and closures POLICY 4.4.1: Public Schools Advisorv Committee. nLA Section 6.11 The School Board will establish a Public Schools Advisorv Committee for the purpose of reviewina potential sites for new schools and proposals for sianificant renovation and potential closure of existina schools. The School Board and each Local Government shall appoint a citizen member to serve on the Committee. Based on information aathered durina the review. the Committee will submit recommendations to the Superintendent. The Public Schools Advisorv Committee will be a standina committee and will meet on an as needed basis. In addition to citizen members. the Committee will include appropriate members of School Board staff and at least one staff member from each of the Local Governments. POLICY 4.4.2: Committee Review of Proposed Sites. Renovations. and Closures. nLA Section 6.21 .J When the need for a new school is identified in the District educational facilities plan. the Public Schools Advisorv Committee will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District educational facilities plan for sianificant renovation and potential closure will be submitted to the County for an informal assessment reaardina consistency with the Comprehensive Plan. includina. as applicable: environmental suitability. transportation and pedestrian access. availability of infrastructure and services. safety concerns. land use compatibility. consistency with community vision. and other relevant issues. In addition. the issues identified in Policy PSFE 4.4.3 of this Aareement will be considered by both the County and Public Schools Advisorv Committee as each site or school is evaluated. Based on the information aathered durina this review. for new schools the Committee will make a recommendation to the Superintendent of one or more sites in order of preference. For sianificant renovations and potential closures. the Committee will make appropriate recommendations. New LanQuaae Common Page 28 of 41 Existing Language Local Option New LanQuaQe Reauired TO/Jic - LanQuaQe is Local O/Jtion New LanQuaae Local Option J ~ ~ \..... POLICY 4.4.3: Factors Considered. fiLA Section 6.31 The Public Schools Advisorv committee. the School Board. and the County will consider the factors established in Polley PSFE 3.4.1 when evaluating new school sites and sianificant renovations and potential closure of existina schools. OBJECTIVE PSFE 4.5: CAPIT AL FUNDING MANAGEMENT The County will support ST LUCIE COUNTY SCHOOL BOARD of efforts to effectively and efficiently manaae capital funds and resources. POLICY PSFE 4.5.1: Alternative Fundina Strategies The County shall support the ST LUCIE COUNTY SCHOOL BOARD in its efforts to research and support alternative fundina for school capital needs. including. but not limited to, educational benefit units. and Community Development Districts. The County will also support the ST LUCIE COUNTY SCHOOL BOARD in the effort to identify and auantify long term operational costs of services provided by the County in the support and maintenance of public school facilities. POLICY PSFE 4.5.2: Private Partnerina The County shall coordinate with the ST LUCIE COUNTY SCHOOL BOARD to encourage the private sector to identify and implement creative solutions. such as joint use facilities and alternative desian. as well as reaulring land dedication and reauiring adeauate school facilities in residential developments. POLICY PSFE 4.5.3: Support for Creative Partnerships The County shall support the ST LUCIE COUNTY SCHOOL BOARD by aivina priority consideration for development approvals when propertv owners provide"donation of site(s), reservation or sale of school sites at pre-development prices. construction of new facilities or renovations to existina facilities. and provide transportation alternatives. New Language Common Page 29 of 41 Existing Language Local Option New LanQuaQe Required Topic - LanQuaQe is Local Option New Language Local Option OBJECTIVE PSFE 4.6: MAXIMIZE CO-LOCATION AND SHARED USE OPPORTUNITIES ....,) The County shall maximize co-location and shared use opportunities between the County. the ST LUCIE COUNTY SCHOOL BOARD. and the local Qovernments. POLICY PSFE 4.6.1: Co-location and Shared Use of Facilities fiLA Section 10.11 Collocation and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparinQ the District Educational Facilities Plan. Likewise. collocation and shared use opportunities will be considered by the County when preparinQ the annual update to the Comprehensive Plan's schedule of capital improvements and when planninQ and desh::minQ new. or renovatlnQ existlnQ. community facilities. For example. opportunities for collocation and shared use with public schools will be considered for libraries. parks. recreation facilities. community centers. auditoriums. learnlnQ centers. museums. performinQ arts centers. and stadiums. In addition. collocation and shared use of school and Qovernmental facilities for health care and social services will be considered. POLICY PSFE 4.6.2: Separate AQreement fiLA Section 10.21 A separate aQreement will be developed for each instance of collocation and shared use which addresses leQal liability. operatinQ and maintenance costs. schedulinQ of use. and facilitv supervision or any other issues that may arise from collocation and shared use. .J POLICY PSFE 4.6.3: Emeraencv Preparedness New school facilities. and rehabilitation of existina facilities and expansions. mav be desianed to serve as and provide emeraencv shelters as reauired bv Section 1013.372. Florida Statutes. St. Lucie Countv will coordinate with the ST LUCIE COUNTY SCHOOL BOARD on reauirements for such efforts. OBJECTIVE 4.7: SCHOOL SITE IDENTIFICATION The County. in coniunction with the ST LUCIE COUNTY SCHOOL BOARD, shall implement an effective process for identification of school sites. New Language Common Page 30 of 41 Existing Language Local Option New Lanauaae Reauired Tooic - Lanauaae is Local Ootion New Language Local Ootion ....J \. \... \.r POLICY PSFE 4.7.1: School Site Identification The County shall coordinate with the ST LUCIE COUNTY SCHOOL BOARD to identify and acauire future school sites prior to or concurrent with chanaes in urban service lines, land use, zonina or approval of projects aeneratina new students. POLICY PSFE 4.7.2: Use of Dedicated Property Require within any developer aareement. zonina condition. or development order condition that any property reauired to be conveyed for public services to the County may be transferred to the ST LUCIE COUNTY SCHOOL BOARD. with or without consideration except that, as applicable. to develop educational facilities, and converselv. if the ST LUCIE COUNTY SCHOOL BOARD deems any donated property throuah a developer aQreement. zoninQ condition or development order condition unsuitable for a school site. then it may transfer or lease said property to the County for any public use with or without consideration. as applicable. Said aQreements and conditions may provide that any such properties may be transferred directlv to the ST LUCIE COUNTY SCHOOL BOARD. POLICY PSFE 4.7.3: Use of Surplus Property Before disposina of surplus property. the County shall notify the ST LUCIE COUNTY SCHOOL BOARD and converselv. the ST LUCIE COUNTY SCHOOL BOARD shall notify the County. POLICY PSFE 4.7.4: Conveyance of School Sites The County shall facilitate the conveyance of land. as required bv the ST LUCIE COUNTY SCHOOL BOARD and consistent with this Element. to address the impact of new residential development on the school system. POLICY PSFE 4.7.5: Densitv Transfer The County shall. consistent with this Comprehensive Plan. allow for the transfer of the entitled density of a school site, onto existina developable areas of the parent site proposed for residential development or redevelopment. New LanQuaae Common Page 31 of 41 Existing Language Local Option New Lanquaqe Required Topic - Lanquaae is Local Option New Lanauaae Local Option GOAL PSFE 5: MONITORING AND EV AlUA TION OF PUBLIC SCHOOL FACiliTIES ELEMENT OBJECTIVE PSFE 5.1: Coordinate the Comprehensive Plan With School Facilities Plans On an onaoinQ basis. St Lucie County shall evaluate the comprehensive plan with the school facilities plans of the ST LUCIE COUNTY SCHOOL BOARD to ensure consistencv with the comprehensive plan. POLICY PSFE 5.1.1: Coordination of Plan Amendments St Lucie County and the ST LUCIE COUNTY SCHOOL BOARD will coordinate durina updates or amendments to the County's Comprehensive Plan and updates or amendments for 10nQ-ranQe plans for School Board facilities. Amendments to the Public School Facilities Element will be initiated fOllowina the procedures of the Interlocal Aareement and amendments to the Capital Improvements Element to incorporate the School Board's adopted Work Proaram shall occur prior to December 1::1 of each vear POLICY PSFE 5.1.2: Annual MeetinQ of the School WorkinQ Group Consistent with the Interlocal Aareeme nt. the School Workina Group will meet at least once per vear to discuss issues related to the effectiveness of implementina the Public School Facilities Element and Interlocal Aareement and discuss recommendations for chanQe. POLICY PSFE 5.1.3: ST LUCIE COUNTY SCHOOL BOARD to Report to the Elected Officials Group The ST LUCIE COUNTY SCHOOL BOARD will annuallv provide a cumulative report of land use decisions. based upon the data provided bv the County and local aovernments. and the effect of these decisions on public school capacity. Definitions. The terms used in this element shall be defined as follows:nLA Section 11 1. Adeauate school capacitv - the circumstance where there is sufficient school ..J ....J New LanQuaQe Common Page 32 of 41 ...J Ex~üngLanguageLocalOpüon New LanQuaae Reauired TODic - Lanauaae ;s Local ODt;on New Lanauaae Local Option ~ ~ ~ capacity by school type. based on adopted Level of Service (LOS) standards. to accommodate the demand created by a proposed residential development. 2. Affected Jurisdictions - Local aovernments that are parties to the Interlocal Aareement for Public School Facilities Plannina and are physically located within the same SCSA(s) as the area affected by a land use decision that may increase public school enrollment. 3. Ancillarv facilities I plant . the buildinas. sites. and site improvements necessary to provide such facilities as vehicle maintenance. warehouses. maintenance. or administrative buildinas necessary to provide support services to an educational proaram ofthe School Board. nLA Section 1.11 4. Applicable LDRs - the LDRs adopted bY the Local Government with iurisdiction to the extent that (a) the reaulations are not in conflict with or the subiect reaulated is not specificallY addressed bY Chapter 1013. Florida Statutes. or the State Uniform Buildina Code for Public Educational Facilities Construction adopted as provided in Section 1013.37. Florida Statutes. includina the State Reauirements for Educational Facilities. and (b) such reaulations are specified in this Aareement as applicable to ancillarv or educational facilities of the School Board. r1LA Section 1.21 5. Auxiliarv facilities" . the spaces located at educational plants of the School Board that are not desianed for student occupant stations. r1LA Section 1.31 6. Capacity· "capacity" as defined in the FISH Manual. 7. Capacity Enhancement Aareement - An aareement between the S1 LUCIE COUNTY SCHOOL BOARD. affected iurisdictions and a private entity (land owner. deyeloper. applicant. etc) for the mitiaation of school capacity deficiencies that are anticipated to result from a land use decision. B. Concurrency Manaaement SYStem . the reauirements relatina to the availability of public facilities and services to serve new development adopted bY a Local Government in the manner provided in Section 163.3180, Florida Statutes. r1LA Section 1.61 9. Development reaulatorv action· action bY the County upon any proposal. application. or reauest to enact, adopt. approve. amend. or rescind a comprehensive plan. land use classification. zonina ordinance. zonina classification. land development rule or reaulation. conditional use. special exception, site plan. minina permit. condemnation. or other development order, permit. or approyal. but not includina action upon an application for a buildina permit. r1LA Section 1.71 10. DRC - the staff development review committee. site plan technical review committee, or eauivalent body. for the County. r1LA Section 1.81 11. Educational facilities - shall mean the buildinas and eauipment. structures and special educational use areas that are built. installed, or established to serve primarily the educational purposes and secondarily the social and park and recreational purposes of the community and that may lawfully be used as authorized by the Florida K-20 Education Code IChaoters 1000-1013 Florida Statutes) and aooroved bv the School New Lanauaae Common Page 33 of 41 Existing Language Local Option New LanQuaQe Required Toøic . LanQuaQe is Local Oøtion New Language Local Option Board. r1LA Section 1.101 12. Educational Dlant - the educational facilities, site, and site imDrovements necessary to accommodate students. facultv. administrators. staff. and the activities of the educational Droaram of each educational Dlant of the School Board. r1LA Section 1.111 13. Existina school facilities· school facilities constructed and operational at the time a completed application for residential development is submitted to the County and Cities. 14. Final Subdivision or Plat I Final Site Plan - The staae in residential development where permits or development orders are approved authorizina actual construction of infrastructure. the recordina of a final plat or the issuance of buildina permits. 15. FISH Manual - the document entitled "Florida Inventorv of School Houses (FISH), " 2006 edition. and that is published by the Florida Department of Education. Office of Educational Facilities (hereinafter the "FISH Manual"). r http://www.fldoe.ora/edfacil/1 16. Land Use Decisions - future land use amendments, developments of reaional impact. rezoninas and other residential development approvals under the Land Development Code that precede the application of school concurrency and do not reauire a Certificate of School Concurrency. 17. LDRs - the land develoDment reaulations adoDted bv the Local Government with its iurisdiction. includina but not limited to (a) for the County. the St. Lucie County Land DeveloDment Code. (b) for Fort Pierce. the Zonina Ordinance of the City of Fort Pierce, and (c) for Port St. Lucie. the Port St. Lucie Zonina Code. r1LA Section 1.121 18. Lona-ranae Dlannina" shall mean devisina a systematic method based on educational information and needs, carefullv analvzed, to Drovide the facilities to meet the aoals and obiectives of the School Board. r1LA Section 1.131 19. LPA - the local Dlannina aaencv. Dlannina and zonina commission. zonina board, or eauivalent bod v, desianated (a) to Dreoare the ComDrehensive Plan for a Local Government in accordance with the Florida Local Government ComDrehensive Plannina and Land DeveloDment Reaulation Act. Part II of ChaDter 163. Florida Statutes. and/or (b) to review and recommend aDDroval or disaDDroval of aDDlications to rezone DroDertv within the iurisdiction of. or to amend the LDRs of. a Local Government. r1LA Section 1.141 20. New construction" shall mean any construction of a buildina or unit of a buildina in which the entire work is new or an entirelv new addition connected to an existina buildina. r1LA Section 1.151 21. Permanent FISH Capacity - capacity that is provided by "permanent buildinas," as defined in the FISH Manual. New Lanauaae Common Page 34 of 41 Existing Language Local Option New Lanauaae Reauired Tooic - Lanauaae is Local Ootion New Lanauaae Local Option ~ .J .J \. \.." \.,., 22. Permanent Proaram Capacity - capacity that is provided by "permanent buildinas" as defined in the FISH Manual and modified by the ST LUCIE COUNTY SCHOOL BOARD to reflect measurable proarammatic chanaes 23. Planned school facilities - school facility capacity that will be in place or under actual construction within three (3) years after the issuance of final subdivision or site plan approval. pursuant to the School Board's adopted Five Year Facilities Work Proaram. 24. Preliminary Subdivision or Plat / Preliminary Site Plan - Any conceptual approval in residential that precedes the review of detailed enaineerina plans and/or the commencement of actual construction of infrastructure. 25. Reaional Plannina Council - the Treasure Coast Reaional Plannina Council. a regional plannina council created as provided in Section 186.504. Florida Statutes. £ILA Section 1.161 26. State Reauirements for Educational Facilities - Standards established by the State of Florida for the desian and construction of public educational facilities. rhttp://www.fldoe.ora/edfacil/sref.aspl 27. School facilities - anv or all ancillarv. auxiliarv. and educational facilities of the School Board. £ILA Section 1.1 n 28. Site - a space of around occupied or to be occupied by an ancillarv or educational facilitv or program. r1LA Section 1.181 29. Site development - work that must be performed on an unimproved site in order to make it usable for the desired purpose: or. work incidental to new construction or to make an addition usable. r1LA Section 1.191 30. Site improvement . work that must be performed on an existing_site to improve its utilization, correct health and safety deficiencies, meet special.program needs, or provide additional service areas. [ILA Section 1.20] 31. Superintendent - the Superintendent of Schools for St. Lucie County. Florida. r1LA Section 1.211 32. Utilization of capacity - current enrollment at the time of a completed application for residential development. 33. Work Proaram - the financially feasible School District's Five Year Facilities Work Proaram adopted pursuant to section 1013.35. F.S. 34. Measurable proarammatic chanae - means a chanae to the operation of a school or the use of the school facility that has consistently and measurably modifies the capacity such as the use of classrooms for snecial education or other special New Language Common Page 35 of 41 Existing Language Local Option New Lanauaae Required Topic - Lanauaae is Local Option New Language Local ODtion purposes. 35. School Tvpe - Elementary Schools are grades Pre Kindergarten Exceptional Student Education (PK- ESE) throuah 5: Middle Schools are arades 6 throuah 8: and High School are grades 9 throuah 12. AMENDMENTS TO FUTURE LAND USE ELEMENT Objective 1.1.12 Pursuant to Chapter 5.00.00 of the Land Development Code, all development orders and permits for future development and redevelopment activities shall be issued only if public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this plan) are available concurrent with the impacts of the development. Policy 1.1.12.2 Time the development of residential, commercial, and industrial land concurrently with provision of supporting community facilities, such as streets, utilities, police and fire protection service, emergency medical service, and public schools. Policy 1.1.12.3 Permit only those proposed locations of public facilities which: a. maximize the efficiency of services provided; b. minimize their cost; and c. minimize their impacts on the natural environment. Policy 1.1.12.5 Prior to the issuance of any final development order within the Urban Service Area, the County shall consider the proximity of the proposed development activity to the availability of urban and community services and facilities. Development which requires extending any of these services over or through significant distances of undeveloped land or land not already subject to the issuance of a final development order shall be discouraged until other lands that are more proximate to the existing services have been developed. Objective 1.1.17 New LanQuaQe Common Page 36 of 41 Existing Language Local Option New Lanauaae ReQuired Topic - Lanauaae is Local Option New LanQuaQe Local Option .J ..J ..J \. \w. ~ Coordinate with the St Lucie County School Board and other educational institutions to locate future educational facilities in a manner which provides for their needs without undue negative impact on the proposed school, surrounding land uses, or public facilities. Policy 1.1.17.1 Future schools shall be allowable uses in all Future Land Use categories within the Urban Service Area except; industrial (lND), Conservation - Public (Cpub), ResidentiallConservation (RlC), Historic (H) and any Special District (SO) which is defined to exclude educational facilities. Policy 1.1.17.2 The Future Land Use designation for land on which a school is constructed or planned to be constructed shall be changed to Public Facilities (P/F) Land use at the earliest opportunity. Policy 1.1.17.3 Schools shall not be located outside the Urban Service Area described in Policy 1.1.5.1 unless~ (a) the school is to be located on property owned by the School Board on or before January 1, 2001, or (b) it is demonstrated that the projected enrollment is primarily students which live outside of the Urban Service Area and are best served by a school also located outside of the Urban Service Area, lc) a school in a planned development where such location has been identified through a comprehensive and community-based planning effort, through a meaningful public participation process (such as the TVC). @ or the school's curriculum focuses on agricultural uses consistent with those found in St Lucie County. Policy 1.1.17.4 Proposed school sites shall meet the following general criteria:[ILA Section 4.4] a. Aøequ:ite pustis fasilities and sei'Wse6¡ iAs.lwdiAg r-earJ6¡ seAual water sel1AIse, seRtral seVier ser-/jse, and ether uti#ties shall Be availaBle 69ASUr't'8Rt VI.lt#! the speAing 9f t#!e SSh99/; B. There are n9 sigAifjsSRt eRwr.oRmeRtal s9RstraiAts that W9uld pres!uEIe devel9pment 9f a SSh991 9n t#!e site; s. There are A9 adverse impa&ts 9R arGhaeaIÐgi6s1 9r histaris sites 9r strustures listed aA t#!e State af Florida HisæFÍs Master File; d. Sails are suitable ar adaptable for the prspased use; D. . J -'.' ~_... _'.. .r.... .&.L· ..- _... :.... . ~_ , New Lanauaae Common Page 37 of 41 Existing Language Local Option New Lanauaae Reauired Topic - Lanauaae is Local 01Jtion New Lanquaae Local Option f. Where feasible, GO IOGatioR ....<itf.¡ publiG f3s!!it.'es SUGf.¡ as aGtive parks, fjèFa~jes, 3Rd GOIRIRunity GenteFS is GORsjdered a. The location of schools proximate to urban residential development and contiauous to existina school sites. and which provide potential focal points for community activities. includina opportunities for shared use and co- location with other community facilities b. The location of elementarv schools proximate to and. within walkina distance of the residential neiahborhoods served: c. Elementarv schools should be located on local or collector streets: d. Middle and hlah schools should be located near arterial streets: e. Compatibilitv of the school site with present and future land uses of adiacent property considerina the safety of students or the effective provision of education: f. Whether existina schools can be expanded or renovated to support community redevelopment and revitalization. efficient use of existina infrastructure. and the discouraaement of urban sprawl: g. Site acauisition and development costs includinQ the 10nQ term costs associated with the provision of School District and Countv services: h. Safe access to and from the school site bv pedestrians. bicvclists and motor vehicles: i. Existina or planned availabilitv of adeauate public facilities and services to support the School: j. Environmental constraints that would either preclude or render infeasible the development or sianificant expansion of a public school on the site: k. Adverse impacts on archaeoloaical or historic sites listed in the National Reaister of Historic Places or desianated bv the County as a locallv sianificant historic or archaeoloaical resource or listed on the Florida Master Site File or archaeoloaical sites located within an archaeoloaical desianated zone: I. The proposed location is consistent with the comprehensive plan. storm water manaaement plans. or watershed manaaement plans: m. The proposed location is not within a velocitv flood zone or floodwav. as delineated on pertinent maps identified or referenced in the comprehensive plan or land development reaulations: New Language Common Page 38 of 41 Existing Language Local Option New Lanauaae Reauired TODic - Lanauaae is Local ODtion New Languaae Local Option ..J ~ ..J \.. '-" '- n. The proposed site can accommodate the reauired parkina. circulation and aueuina of vehicles: and o. The proposed location lies outside the area reaulated bv Section 333.03. F.S.. reaardina the construction of public educational facilities in the vicinity of an airport. Policy 1.1.17.5 As provided in Chapter 1013, Florida Statutes, the Land Development Code may include reasonable development standards and conditions for school site plans in accordance with Chapter 1013 Florida Statues, so long as those standards and conditions are not in conflict with Chapter 1013, Florida Statutes or the State Building Code. Policy 1.1.17.6 When considering the acquisition and establishment of public facilities such as active parks, libraries, and community centers, the county shall, to the greatest extent possible, select a location which allows for the current or future co-location with a public school. Policy 1.1.17.7 When selecting land for preservation, or passive parks and uses, the county shall consider the possibility of co-location with a school. AMENDMENTS TO TRANSPORTATION ELEMENT Objective 2.3.2 The transportation system shall accommodate bicycle and pedestrian roadway design and facility requirements. Policy 2.3.2.2 The bicycle and pedestrian plan should provide access to public and private facilities, including schools. Objective 2.3.3 A bicycle transportation system shall be developed into a network connecting all major travel destinations to population concentrations. New Lanauaae Common Page 39 of 41 Existing Language Local Option New Lanauaae Reauired Tooic - Lanauaae is Local Ootion New Lanauaae Local Option Policy 2.3.3.1 .....J Bicycle and pedestrian facilities should be established around schools, especially areas near schools that are not served by the school bus system. AMENDMENTS TO HOUSING ELEMENT Objective 5.2.4 Establish a Housing Task Force with representatives from public and private sectors to identify housing needs of the county and existing and anticipated populations of the county. Policy 5.2.4.1 The Housing Task Force shall include a member of the St Lucie County School Board. AMENDMENTS TO RECREATION AND OPEN SPACE ELEMENT Objective 9.1.2 The County will coordinate public and private resources to meet the recreation and open space needs of its residents and visitors. Policy 9.1.2.3 The County shall continue to work with other units of local government to provide for the reciprocal use of recreation and schools. Policy 9.1.2.4 The County shall allow, when possible, other governmental agencies, such as the School Board, to use the St Lucie County Sports Complex. '-iÌ AMENDMENTS TO INTERGOVERNMENTAL COORDINATION ELEMENT Objective 10.1.3 The Director of Community Development shall be responsible for coordinating county activities with the comprehensive plans of adjacent municipalities and other units of local government, including the School Board. New Lanauaae Common Page 40 of 41 Existing Language Local Option New Lanauaae Reauired Tooic - Lanauaae is Local Ootion New LanauaQe Local Option ..J ~ Policy 10.1.3.2 Continue to request liaisons regarding proposed plan or rezoning amendments with the School Board and other units of government. Policy 10.3.4 Continue to coordinate closely with the School Board on the location of future schools in relation to the projected population and land use. Policy 10.1.3.5 Continue to support joint use agreements between the County and the School District. AMENDMENTS TO CAPITAL IMPROVEMENTS ELEMENT Objective 11 .1 .4 Coordinate land use decisions and fiscal resources with a schedule of capital improvements that maintains adopted level of service standards and meets facility needs. \... Policy 11.1.4.7 ~ The plan shall be updated annually with BEBR population estimates and an analysis of any pending public education impacts on infrastructure. New Lanauaae Common Page 41 of 41 Existing Language Local Option New Lanøuaøe Required Topic - Lanøuaøe is Local Option New Lam:¡uaae Local Option ....... BOARD OF COUNTY CO:MMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 20, 2008 Convened: 6:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: A. Lewis, Doug Coward Joseph Smith, Chairman, Chris Craft, Charles Grande, Paula Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Neil Appel, Purchasing Director, Beth Ryder, Community Services Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Carl Holeva, Human Resources Director, Robin Myer, Asst. Growth Management Director, Peter Jones, Planning Manager, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 13, 2008, and; upon roll call, motion carried unanimously. '-' 4. PROCLAMATIONS/PRESENT ATIONS The County Administrator presented the Governmental Funds information presented to the Citizens Budget Committee on May 16, 2008. 5. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the following issues: I. Drugs on our streets 2. The red containers being stacked up along the Port 3. Atomic Energy Plants Fire Chief Parrish thanked the Board for the proclamation presented last week 6. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda, with items B-1 and H-3 being pulled and the addition ofCA-I, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List No. 33. B. COUNTY ATTORNEY ......... 1. Merigold Investments, Inc., Road Impact Fee Agreement- This item was pulled prior to the meeting. 2. Ft Pierce Lodge No. 246/8 Loyal Order of Moose, Inc. Parcel J.D. No. 1312- 702-0003-000-7- Resolution No. 08-176 Perpetual Utility Easements- The Board approved accepting the Perpetual Utility Easements, authorized the Chairman to sign Resolution No. 08-175 and directed staff to record the documents in the Public Records of St Lucie County, Florida. "J C HUMAN RESOURCES Staff Reduction in Code Compliance- The Board approved the reduction of six positions in the Code Compliance Division. D. PURCHASING First Amendment to Contract C07-08-413- with Satellite Tracking of People, LLC for GPS tracking of designated criminal offenders- The Board approved the first amendment to contract C07-08-413 with Satellite Tracking of People, LLC and authorized the Chairman to sign the amendment as prepared by the County Attorney. E. PUBLIC WORKS Request of Board of County Commissioner approval ofW A# 8 for professional services for the Ridgehaven 20 acre site boundary survey and legal description with Dredging and Marine Consultants LLC for Taylor Creek Restoration Dredging Project Phase 2 Spoil Site selection - The Board approved and authorized to sign the W A# 8 in the amount of $8, 500.00 for professional services for the Ridgehaven 20 Acre Site boundary survey and legal description with Dredging and Marine Consultants, LLC for Taylor Creek Restoration Dredging Project, Phase 2 Spoil site selection. Com. Coward requested it be clarified that local contractors will be utilized for the basic survey work. The County Administrator advised the Board staff will be coming back with a new policy for the Board's consideration on this issue. ....,J F. ADMINISTRATION- MEDIA Strategic Planning 2008- IQM2 Media Traq - The Board approved the contract with IMQ2 for the implementation of Minute Traq in the amount of $1 0, 000 and authorized the Chairman to sign. G. CENTRAL SERVICES The Board approved the following and authorized the Chairman to sign the Amendments as prepared by the County Attorney. Edlund Dritenbas Binkley Architects and Associates- Clerk of Court Renovation Sixth Amendment to December 16, 2003 Agreement (C03-12-762) @ $16.459.00 Seventh Amendment to December 16,2003 Agreement (C03-12-762) @ $13,966.00 2. Dooleymack Constructors of South Fl. LLC/# C07-04-195 Haver! L. Fenn Center- Special Needs Shelter/ Change Order No 6- The Board approved Change Order No. 6to # C07-04-195 to reduce the contract sum by $6,832.18; the new contract sum will be $13,344,79932 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. H. AIRPORT ....J 2 '-" 1. Request to approve Budget Resolution No. 08-173 for the FOOT Supplemental Joint Participation Agreement in the amended amount of $40,594 for the upgrade to the Electrical Vault at the S1. Lucie County International Airport. The Board approved Budget Resolution No. 08-173 and authorized the Chairman or designee to execute same. 2. Request to approve Budget Resolution No. 08-174 for the FDOT Supplemental Joint Participation Agreement in the amended amount of $671,000 to complete the design and installation of the Security Access Control System at the S1. Lucie County International Airport- The Board approved Budget Resolution No. 08-174 and authorized the Chairman or designee to execute the same. 3. Request for approval of First Amendment to the PBS&J Work Authorization No. I for Consultant Services to prepare a final subdivision plan for the Airport West Commerce Park at the St. Lucie County International Airport extending the time for completion to September 12, 2008 at no change in cost. This item was pulled prior to the meeting. CA-1. COMMUNITY SERVICES Request for permission to amend Change Order No.2 to Contract C07-11-604- The Board approved amending Change Order No.2 to Contract C07-11-604 with SDZ Construction, LLC which was adopted May 13, 2008 to increase the amount by $10,962 for septic system repairs related to a Community Development Block Grant Disaster Recovery Initiative rehabilitation project END OF CONSENT AGENDA \...... 7. PUBLIC HEARINGS A COUNTY ATTORNEY Petition for Abandonment- Ocean Drive Owners LLC - One 40 ft. pedestrian ingress and egress easement and two ~ 70 foot pedestrian ingress and egress easements - Ft. Pierce Shores- Consider staff recommendation to accept the Petitioner' s request to withdraw the Petition for Abandonment The petitioner has stated they intend to re-submit at a later date. It was moved by Com. Lewis, seconded by Com. Craft, to accept the petitioner's withdraw on the petition for abandonment, and; upon roll call, motion carried unanimously. Mr. Charles O'Donnell, Ft. Pierce resident, addressed the Board and requested clarification as to whether it was necessary for the county to approve or disapprove these types of abandonments. The County Attorney addressed Mr. O'Donnell's question and advised him of staff's position on abandonments. The Chairman requested those present who wish to be notified should this item come back before the Board, leave their name and address so they may be notified. B. COUNTY ATTORNEY '-" 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 continue this public hearing to June 17, 2008 3 It was moved by Com. Coward, seconded by Com. Craft, to continue this item on June 17, 2008 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. ~ C. GROWTH MANAGEMENT Ordinance No. 08-014 of the Board of County Commissioners of St Lucie County, Florida adopting the Public School Facility Element as part of the St Lucie County Comprehensive Plan to provide for public school concurrency and planning; providing for tiling with the Florida Department of State; providing for the transmission of the Public School Facility element to the Florida Department of Community Affairs pursuant to Section 163.3177 Florida Statutes; providing for conflict; providing for severability; providing an effective date; and providing for adoption- Consider staff recommendation to approve the adoption of Ordinance No. 08-014 for transmittal to the Department of Community Affairs. Mr. Marty Sanders, Executive Director Growth Management for St Lucie County School District addressed the Board on this item. Com. Grande addressed Objective 3.3.5 page 21 of 53, item b where it states, "the County shall require sidewalks along the property for the corridor that directly selVes the school, or qualifies as an acceptable designated walk or bicycle route to the school." He believes the term "corridor" should be plural he believes any road that leads to a school should have sidewalks. Mr. Sanders stated he concurred with the requested change and would change the word to "corridors". Com. Coward stated he felt the document does a fairly good job on the currency aspect, however, he felt the planning relationship between the school and the developer's language is not strong enough He believes the geographical component should be stronger and requested the language stated its intent is to build schools within and inside the urban service boundary. .J Mr. Sanders stated he believes 1.17.4 illustrates this idea and believes the document is concise in stating they can build schools only within the urban service area. Com. Coward disagreed and alluded to policy 1.1.17.3 page 47 of 53. He believes it says school shall not be located outside the urban service boundary "except" and this is his concern. He believes (b) which reads, "The location of elementary schools proximate to and, within walking distance of the residential neighborhood served" leaves it wide open. He believes this language should be strengthened as to what was stated earlier. The existing language is too broad and believes the school board should set a policy stating they would not build schools outside the urban service boundary He believes the Board needs to have a broader discussion with the School Board regarding this type of a policy and how to strengthen the land use planning aspect as well as the school location. Mr. Sanders stated it is an issue, how do you minimize the cost to the taxpayer and the public through the development process. However. there is a provision in the statute where it states the Superintendent does have the authority to designate areas that are not financially feasible to provide transportation. Com. Coward stated he was looking for a compromise at this point and add language; however, if it was up to him he would not approve this today. Mr. Sanders recommended language be added to Goal # I under Collaborating School Board on capacity planning: stating the following, "The County and the School Board agree to work together and develop additional policies to promote growth inside the Urban Service Area and minimize school transportation cost in construction outside the Urban Service Area." ....J 4 ....... Com. Coward stated he believes it was more than just transportation costs. They need to explore ways to recoup monies from the developments for the impact. Com. Smith stated he would like to notify the school board members they would like to discuss this issue further. Com. Craft stated they have time since they have already missed the deadline. He recommended scheduling a workshop and getting it right the tirst time. The Assistant County Administrator advised the Board of the process. The County Attorney advised the Board of their options. I. if they wish not to transmit, they can continue this item to a date certain recommending July I~, and have a workshop with the School Board in the meantime 2. If they decide to transmit, they can incorporate the language Mr. Sanders recommended and add something to the affect of"The County and School Board shall cooperate to development a funding mechanism that insures to the greatest extent possible that development will pay the full amount of capital and operations of school costs". After continued discussion, it was moved by Com. Craft, seconded by Com. Coward, to continue this item on July I" at 6:00 p.m. or as soon thereafter as it may be heard, and directed staff to schedule a workshop with the School Board if possible, and; upon roll call, motion carried unanimously. \..r END OF PUBLIC HEARINGS REGULAR AGENDA 8. GROWTH MANAGEMENT Petition for a Major Adjustment to SP Recycling Corp., Site Plan approval for the project known as "South Florida Recycle Communication Tower" for a 195 foot high communication tower with maximum of six wireless carrier antennas arrays and such other antenna tenants as are within the safe design loads, co-located thereon at 990 I Range Line Road, approximately 0.7 mile south of Glades Cut -off Road, St Lucie County, Florida- Consider staff recommendation to approve the request through the adoption of Draft Resolution No. 08-147 which would grant approval ofa Major Adjustment to an approved "SP Recycling Corp." Site Plan for the project to be known as "South Florida Recycle Communication Tower" with 9 limiting conditions. It was moved by Com. Grande, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court '-' 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 47 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex March 20, 2008 Regular Meeting 6:00 P.M. ...J A compaet disc recording of this meeting, in its entirety, has been placed in the tile along with these minutes as part of the record. In the event of a contlict between tbe written minutes and tbe compact disc, the compact dise shall controL I. CALL TO ORDER Chairman Caron called the meeting to order at 6:03 p.m. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Susan Caron ...........................Chairman Vice Chairman Mundt............Board Member Brad Culverhouse...................Board Member Edward Lounds ......................Board Member Stephanie Morgan ..................Board Member Barry Schrader .......................Board Member Consuela Smith ......................Board Member Kathryn Hensley ....................Ex-Officio ..J MEMBERS ABSENT Pamela Hammer.....................Board Member Britt Reynolds ........................Board Member Ms. Caron noted, for the record, that she would like Mr. Reynolds' absence be excused as he requested at the February 21, 2008 meeting and that Ms. Hammer's absence be excused as she requested in writing on March 20, 2008 due to an illness. Mr. Lounds and Ms. Smith advised that they will not be able to attend the April meeting. OTHERS PRESENT Robin Meyer ..........................Assistant Growth Management Dept. Director Heather young.......................Assistant County Attorney Laurie Case ............................Utility Department Director Peter Jones .............................P1anning Manager Kara Wood ............................Planning Manager ..J 1 '-" '-" '- '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 II. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C. ANNOUNCEMENTS Ms. Caron advised that she received a request from staff that item 3.C on tonight's agenda, lndrio Groves, LLC, be continued. Staff confirmed that the item will not be readvertised and that it should be continued to the April 17, 2008 meeting. Chairman Caron opened the public hearing; no one from the public spoke and the public hearing was closed. Mr. Culverhouse motioned to continue Indrio Groves, LLC: TVC 06- 019 to the April 17, 2008 meeting ofthe Planning and Zoning Commission at 6pm or as soon thereafter as the matter can be heard. Mr. Schrader seconded and the motion carried unanimously. D. DISCLOSURES Mr. Mundt advised that he received a phone call from a resident expressing their concern with the volume of materials being considered with reference to the Comprehensive Plan. MINUTES Review the minutes from the February 21, 2008 regular meeting, for approval. Ms. Young advised board members of minor corrections Ms. Hammer would like made to the minutes; as well as adding comments she made with regards to the election of Vice Chairman and that she would like her motion with regards to the CARP application be verbatim. Staff advised that the secretary will go back and make those corrections. Ms. Smith expressed her displeasure that many of the comments she made were not included in the minutes. Ms. Smith requested that comments she made during the CARP proceedings be included with reference to the number of such facilities in Ft. Pierce; as well as the question, and staffs answer, Mr. Culverhouse raised with reference to the statute addressing removal of a volunteer board member pertaining to the Election of Vice Chairman. Ms. Culverhouse agreed and feels the minutes do not accurately reflect the proceedings. Ms. Morgan suggested that since these minutes are in draft form, minor corrections with regards to spelling and grammar should be made to staff behind the scenes instead of wasting meeting time going through the draft line by line. Ms. Morgan, agreed, however, that if the changes and/or corrections are of substance (i.e., a motion, etc) they should be discussed at the meeting. 2 1 2 3 4 5 6 III. 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 Mr. Lounds motioned to approve the minutes with the corrections discussed tonight. ....J Mr. Culverhouse seconded and the motion carried unanimously. PUBLIC HEARINGS A. St. Lucie County Utilities Deuartment: Ordinance No. 08-031 Petition of St. Lucie County Utilities Department for Ordinance No. 08- 031 to adopt the 10- Year WaÍ!'r Supply Facilities Work Plan which includes revision/updates of the County's Comprehensive Plan Sub- Elements; Potable Water & Sanitary Sewer plus some sections of the Conservation, Capital Improvements, and Future Land Use Elements. Peter Jones addressed the Board and explained that the following two agenda items (Utilities Department and Public Schools Facility) has come about due to legislative action taken last year to Chapter 163 and Chapter 273 of the Florida Statutes with regards to comprehensive planning to help S1. Lucie County further meet concurrency issues and manage growth. Laurie Case, Director of St. Lucie County Utilities, addressed the Board saying that this 10- Year Water Supply Facilities Work Plan and Comprehensive Plan Update has been a cooperative effort between the Utilities Department, the Growth Management Department and the consultant. Ms. Case then introduced the consultant. ....J Jill Grimaldi, with CDM, displayed a Power Point Presentation and explained that St. Lucie County is required to coordinate preparation of a work plan with the South Florida Water Management District especially to meet demand projections. Ms. Grimaldi went on to explain that contained in the Water Supply Facilities Plan are St. Lucie County Utilities, Spanish Lakes, Harbour Ridge and Panther Woods. The plan does not include any public and/or privately-owned facilities under the City of Pt. 8t. Lucie, 8t Lucie West and Ft. Pierce Utility Authority. Ms. Grimaldi went on to explain the assessment of the facilities contained in the Plan, including The Holiday Pines Water Treatment Plant, F1. Pierce Utilities Authority Bulk User Agreement and the H.E.W. Water Treatment Plant. A regional water and wastewater treatment plant is cun-ently proposed for construction in approximately 2010 in the north county region. It will be located northwest of the airport along Taylor Dairy Road. This facility ..J 3 '- 1 will provide for the demand at the current H.E. W. water treatment plant 2 which will be decommissioned once this proposed facility is opened. 3 4 In addition, a northwest water treatment plant may be required at the 5 proposed Cloud Grove development, as well as those serviced under the 6 Bulk User Agreement with Ft. Pierce Utilities Authority, which is 7 scheduled to freeze in 2010. 8 9 Provisions have been made for a water treatment plant to service the 10 central and south service areas; however, no date has been identified with 11 regards to the need for these facilities. It will be driven by development in 12 order to address demands from new developments in those areas. 13 14 Ms. Grimaldi went on to explain that water conservation measures used by 15 St. Lucie County are included in the Plan. 16 17 Population projections are received from the Bureau of Economic and 18 Business Research from the University of Florida and are used to project 19 future demand. 20 21 There were questions and discussions among Board members, Ms. 22 Grimaldi and Ms. Case. 23 '-" 24 The question of funding was brought up by Mr. Culverhouse with Ms. 25 Case explaining that funding would be provided through the Utilities' 26 Department enterprise fund with developers paying their fair share. South 27 Florida Water Management District has ear-marked $IM in grant funds 28 for the construction of the north county water plant. 29 30 Ms. Morgan excused herself at approximately 7:30 p.m. and left the 31 meeting. 32 33 Ms. Smith questioned residents how fire protection is provided to those 34 residents who are on well and septic tanks. Ms. Case and Ms. Grimaldi 35 explained that fire protection would be provided as required if a resident is 36 within the Urban Services Boundary. 37 38 Questions and answers continued. 39 40 Ms. Smith suggested that the Utilities Department reach out to the 41 residents and teach ways to care for their septic tank, ways to conserve 42 water, etc. 43 44 Ms. Caron opened the public hearing. 45 46 The following members of the public spoke: '-" 4 1 2 Jonathon Ferguson, Esq., with Ruden McClosky, spoke briefly and stated ..J 3 he disagrees with the population numbers contained in the report. He feels 4 they are "suspect" and the only way the numbers can be true would take 5 moving the urban services boundary line. 6 7 Dennis Murphy, with Culpepper & Terpening, spoke briefly and stated his 8 concern is that the 10-Year Water Supply Plan; aside from identifying if 9 you can draw enough water to accommodate your community, is if and 10 how it can be paid for. The issue of how the County will pay for it and 11 what the costs would be seem to be missing in the report. 12 13 No one else spoke from the public spoke and the public hearing was 14 closed. 15 16 Mr. Lounds motioned that the Planning and Zoning Commission 17 recommend that the Board of County Commissioner approve 18 Ordinance No. 08-013 because it is better to be planned for the future 19 and to be in compliance with the DCA 20 21 Mr. Culverhouse seconded. 22 23 Mr. Lounels went on to add that he feels staff should be ready, when 24 this item goes before the Board of County Commissioners, to address 25 the issues brought up by Mr. Ferguson and Mr. Murphy. ....J 26 27 Mr. Culverhouse was in agreement. 28 29 Roll Call 30 Ms. Smith - yes 31 Mr. Schrader - no 32 Vice Chairman Mundt - yes 33 Mr. Culverhouse - yes 34 Mr. Lounds - yes 35 Chairman Caron - yes 36 37 The motion carried 5 -1 with Mr. Schrader dissenting. 38 39 The Board took a break at 8: 12 p.m. and reconvened at 8:24 p.m. 40 41 B. St. Lude County Public School Facilitv: P A - 120081393 42 Petition of St. Lucie County to adopt the Public School Facility Element 43 as part of the St. Lucie County Comprehensive Plan to provide for public 44 school concurrency and planning. 45 ......J 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 Marty Sanders, Executive Directors of Growth Management, Land Acquisition and Intergovernmental Relations with the St. Lucie County School District, introduced the item and spoke briefly. Mr. Sanders introduced Gene Boles with the University of Florida, consultant working with the School District on the Public School Facility Element. Mr. Boles displayed a Power Point Presentation and explained that staff is requesting that this Board forward a recommendation to the Board of County Commissioners that they approve transmitting this item to DCA. Mr. Lounds questioned whether the funds discussed on Table 17 (at page 47) are Board of County Commissioner funds or School District funds. Mr. Boles confirmed that they are School District funds and not Board of County Commissioner funds. Responsibility for funding will not be moving to the local government. Mr. Boles went on to add that that language is provided in the Public School Facility Element. Mr. Culverhouse questioned if the School District can meet the projected level of service, Mr. Boles confirmed that yes the School District can meet the projected level of service. The first five years are committed projections. Mr. Culverhouse questioned whether or not the School District is having trouble finding school site locations within the Urban Service Boundary. Mr. Sanders responded that historically they have had trouble finding school sites; however, this element will require developers to work with the School District with regards to proposed school sites. Ms. Smith expressed her displeasure that there does not seem to be any schools planned for the north County area. Ms. Smith went on to explain that she feels that can have a negative effect to a community/area. She feels it will be seen as an "unstable community" that won't attract families. Ms. Hensley, Mr. Sanders and Ms. Caron explained that the School District "does not drive development." The School District plans and "reacts to development." There are Developments of Regional Impact already approved in the south County area. There are currently no approved projects in the north County area. Since this element is reviewed each year, that can change. But the School District needs to plan for the information they know now. Discussions and questions continued among Board members, Mr. Sanders and Mr. Boles. 6 1 "'" 2 Chairman Caron opened the public hearing. 3 4 The following members of the public spoke: 5 6 Jonathon Ferguson, Esq., with Ruden McClosky, spoke and suggested that 7 the concurrency portion within this Element be "carved out" and be 8 evaluated and adopted and then the County can discuss and evaluate the 9 other issues (school siting, etc.) at a later date. 10 11 Dennis Murphy, with Culpepper and Terpening, spoke stating that he feels 12 Comprehensive Plan Amendments are meant to be flexible and that the 13 educational element should be the most flexible. It should be clearly 14 stated within the document that the document will be reviewed annually 15 and the information contained therein may change annually. 16 17 No one else from the public spoke and the public hearing was closed. 18 19 Mr. Culverhouse advised that he drafted a proposed amendment 20 comparing policy 1.1.17.3 with PSFE 3.4.1 and also 1.1.17.4 and 21 requested that staff review in order to determine if it would be appropriate 22 to be included in order to "harmonize" the conflicts with the TVC 23 Ordinance. Mr. Culverhouse also requested that staff consider amending 24 Section 3.4.1(k) of the Goals, Objectives and Policies as follows: 25 "Adverse impacts on archaeological or historic sites or structures listed on "J 26 the National Register of Historic Places or designated by the affected local 27 government as a locally significant historic or archaeological resource or 28 listed on the Florida Master Site File or archaeological sites located within 29 an archaeological designated zone." 30 31 Discussions among Board members, Mr. Boles, Mr. Sanders and staff 32 continued. 33 34 Mr. Lounds suggested that the Board only deal with the concurrency 35 portion and bring back the remainder at a later date. 36 37 Ms. Hensley responded by saying that since this document is reviewed by 38 many eyes and done so annually; they are confident it should be passed in 39 its entirety. 40 41 Staff agreed that they are confident they can "make it work" and are ready 42 for this Board to recommend approval of this document especially since it 43 is reviewed annually, 44 45 Mr. Culverhouse handed to the Chair his proposed amendment in order 46 that it becomes part of the record. .....J 7 '-" \..- "'" 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 Mr. Lounds motioned that the Planning and Zoning Commission forward a recommendation that the Board of County Commissioners approve Ordinance 08-014 providing for Public School Concurrency and Planning with the recommended provision that Growth Management meet with the School Board on their annual review, that any inconsistencies within the charts be resolved, Mr. Culverhouse's proposed changes meant to rectity the inconsistencies of the policy be rectified prior to going before the Board of County Commissioners and also Mr. Culverhouse's suggested change with regards to historic sites be evaluated by staff. Mr. Culverhouse seconded. Roll Can Ms. Smith - yes Mr. Schrader - yes Vice Chairman Mundt - yes Mr. Culverhouse - yes Mr. Lounds - yes Chairman Caron - yes The motion carried unanimously IV. OTHER BUSINESS Ms. Young read into the record, Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, which was completed by Ms. Caron with regards to the Comprehensive Alcoholism Rehabilitation Program, Inc. rezoning application and Comprehensive Alcoholism Rehabilitation Program, Inc. conditional use permit application which appeared on the February 21,2008 agenda of the Planning and Zoning Commission. The form was completed and signed by Ms. Caron on February 26, 2008. Copies were distributed to the Growth Management Department, Planning & Zoning Commission Board members and has been made part of the record. There being no further business, the meeting was adjourned at 11 :20 p.m. 8 ....-.. -. ¡ ST. LUCIE COUNTY BOARD OF .' .' COUNTY COMMISSIONERS PUBLIC HEARING AGENDA May 6, 2008 ....,¡ NOTICE OF PROPOSED COMPREHENSIVE PLAN TEXT Ç,HANGE Th. II. Lualt Countr B_ Of CounlV CDMmIt.laner. lIJ'1lNMØ 10 IlIopt III. folklWlJII tor OtlIlnenClI ORDINANCe NO. 010014 AN OIID1NANCI! 01' TIll! BOARD 01' COUNTY COMMI8eIONlIII 01' 8T. LUCII COUNTY, I'UlIIIDA ADO""NG THI "UILIC ICHOOL I'ACILITY ILIMINT AI '''In' CW TNI *'- wCn! COUNTY COM"IIIKINlI¥I! "LAN· TO I'IICMDI! l'OR PUIIUC 10110O\; COKOUMINCY AND "LANNlNII; MOVlDlNG 1'0" c. . PlLIN. WITH . TIll !'LOIlIDA D....IITMINT Of .-rA1'l!¡ "IICMliINlII'OR THI TMNIMlTTAL Of' THI· "UBLlG ICNOOL I'AOILITY ILlMINT TO TNI fLOIlIDA DllPAflTMaNT Of COMMUNITY AfllWlII "UIl8UANT TO IIC'110N 11U'1", I'LOIIRIA ."MII; ·IIROYlØINCI 1'011 CONI'LICll "IlOYIDlN. 1'01I IIYIRAIILlTY; I'ftOVlII/NQ AN I"'ICTIYI DATI; AND "ROVIDlN8 1'011 ADOI"IION. A""UCAN1': IT. LUClII! COUNTY PILI NUM_1I1 Mo'HlIÎ1. LOCIØION 01' AirI'1IcreD 1'IIO"11I'lY: UNINCOIlPORATIDBTo LUClI! COUNTY ' Thl PUBUC HEARING on IIQ 11Im wilt illI held In 1htI cómrnllfon ChIrIlWI, Raatt POIlrII Annu, 3td Flaor, St. Lucie County AcIInInIIhllon BUilding. lIIOO VfIlfIII. AvenUI, Fort PI.,.,., FlorIda an ftI_-. _.. .... illIGIMlng II lrOO P.M. or.. lIllD/IlII81HflIr II lGIIllbIe. MUon - ... 1I111n II 1111. mHllll8, or thl .... ..n bl _lid to . future dlle 'nd 11m.. A1llnlel'llllld pnlInI wIll illI al",n .n 0lp0fIunlll/ tel illI hl.d. WrIlIen _lnII I'IClIIliId In advm:e 01 Ih. publt. 1Iea\'ln will aIIo b' CGnIIdII'lld. INIillIn ClOmllllllll1lo!lllllOlrd 01 County CornInlnlon,re IIløuld ... _Ived by !III GI'owIh Mlnlgement Dlparlmlnt· PilInnlng lllvIIlcln '1...113 daya prlor to !llllIh.duItd hurl",. TIle pI\tIIon ftll II aveIIIbll !of l'IVfew at lhe Growth "'.n........ .,.,.,."..". oIIlcn kIaalld at 1300 YlrgllQ _nlll, I!IlII Floor, Fort Pl8roe, 1'lOrIda, dv~"lI regur" llu,ln_ hGu... P..... ClIIJ 77114eNell ar TOO 7711 48lI14lll W 1'01I høe IIIV quHllOrll or I'llqUIII adllli0n8lln1ormallan. The 8L Lucie Counly Board of CoÍInty Comml..l__ .... the power 10 review and grent eny IIlIlaalIon. wilhln ".rr.., of MlllHlllblll\y. '!he plllOlllØlnp 01 !III Bani 01 Counly ComrnI.......1'I .... ~IGaIIy NClOIdM. 'UMIlAN1'TO _ _..._ IIItIIIII. " . PIl'- dIcrIdIa.lO ,plI'lI any dnfalon meda b\llhl IIaIlll aI County Camm".1OIlItI wIlh IWIIC1Il1 any rnaIltr ClOIIIId-.cl at ,mllllna or Illarlna. he or Ill. will nlld . rIconI 01 1111 øro-dlngi. FlI'..aIl purpoø, he or .he may nød 10 an,ul'Ilhal . 'IIrbdn reccNå 01 the ~. I. mad.. Whlah N100ld Inllllld.. III IIll1mony and IYldIno. UIOn whIah III appaalla 10 ... IlIItd. Upon the I8CUIIl or any IlI1ly 10 !III,IIVCtI'dlng, IndMdualllNllt¡lng du~ng . hilling will... lwom In. Any IlI1lY to \he lftIIl....in win illI al'lll'l1lld an ClllOI1unl1y 10 CIOH1lCIIIIIM any IndMdual letIIfyIng during . hHIIng IIlDn N1qlllll. W II becomn _lIlY, a puÞllc ....11ng m.y ... contInulll frClfl'ltma III ftme .. may... n_ry to, data-certaln. An¡ron. w"" a dIIallJlI1y IWqll1rlna ._m_lIon to .!Iend lhII milling lItould _ the II. LUClI Co.nIy Comrnunl\y Servlclo DlI'lCllor 1l1n111oJ1yo1lht IUJ IlDUre PTIor tel the m"""a at 772/4fll!. lmorT.D.D.772I4..'.... ...J lOAftD 0' COUMnCOMM....ONIIlB IT.l.UCI. COUNTY, I'LOIIIDA ,. ~OII1'H .. -m CHAIRMAN 'UILl," IMT1!r Aprtl aJ, 2lIØI ..J . '-' ~T.·LUCIE.··COUNTY PLANNIN_·.ANf)~O_GÇØMMI&~IONl LClCAL,P~~/~ØI!NCY eUBL.rc"EA.~ltleNDA . <March 202008·· < < ., '-" NOTICE OF PROPOSED COMPREHENSNE PLAN TEXT CHANGE . The $t..l,.ucle CountY Plan~lng end Zoning COmmlUlonILoeel Planning Agency II acheduledto revl- .and IIIIIU .-cpm~!lI.~lng the following Item for adoption by 1M Boerd Of COunty eommtialcinere Of St. Lucie COunty, Florida. ORDiNANCE NO. 08-014 AN ORDlNANCEOF'THEBOARD OFCOI,!ì«Y CC)IIMISSIONEFlS OFST; LUCIE COUNTY.FL,Ol'lIDA ADQPTlNG THE~8UC .SCHOOLFACILlT'Y .ELEMEI\IT AS PART OF THEST;. LUCIEèOUNTY CO"PREHEt48IVEPLANTQ PRC)VIDE FOR PUBUCSCHOot.çoNCUFll'lENCY~D"LANNlNG;"'OVlDlNG FDA flUNG WITH THIIlFLC)A~o\.DE¡:i~ENTOF..STATE;·PfIOVlDINC¡FOR THE TRANSMISSION OF'l'HIæ'OIß.lCSC"OOI.iFÅCILtrY~.ENT TO THE FLORIDA· DEPARTMENT OF . . COM¥UN"" ,'4FFAJAlil <PURSUANT. TQ:8ECTION 183.;n 77. FLORIDA STAT!.JJ&StPRO\i'1þl~1"OR .CONFUCT; . PfJOViDING FORSEVERABILITV; PROVlDlNG~NEFFecnVE DAtE;.AND PROVIDING FOR < ADOPTION. ' APPLICAPn': Jt.I..UCIE COUNTY PRo.¡ECT Fi!-E:PA-120Ø81393 .LOCATION OF AFFECTED PROPERTY: UNINCORPORAT~DST. LUCIE. COUNTY. The·Planning and Zoning CommissionlLocal PlaIlning Agency PUBLIC HEARING on this item .will be held in the Commission Chambers; 'Aoger Poitras Annex, 3rd Floor, .St . Lucie County Administration· Building, ~ Virginia Avenue,· Fort Pierce, Florida on Thursday, March 20, 2Oèi8, beginning at 8:00 P.M. or as soon thereafter. as possible< All Inter~èd persons, will be given an, opportunity to be heard. Written c;omments receiVEldin advance ol.tl1l1. PU\lic heartng Will also be considered. Written comments to the P1innlngind ~rilngÇomml88ionlLocaj Planning Agency shouldt)e reœiVlld by the Growth Management DlIparIfIlent -Pfanning Dlvtllcin at least 3 days prior to the !lchedulØdhearlnlr· The. petltlon file is available for review at the Growth Management Department offices located at ¡¡!300 Virginia Avenue, 2nd Flpor, Fort Pierce, Florida, Please call 77?1462-2822 if YO\l have any question!l or require addllio.tlal infonnalion. The St. Lucie County 'Planning 'and Zoning CommlaslonILocaI. Planning Agency has the power to review and recommend 10 the St. Lucie County Board 01 County Commissioners, lor approval or disapproval, any appIicatlol'lS within their erea of r~spolÌslbll1ty. TheProceedlngsClI the Planning arid Zoning Comrnissionll.oCal PlaIlnlng Agency .are elecll'onicallYrêCQt'ded. .. P!,IFISUANT' TQ -Ipn.. ",.01i1S.Ftp~StatutM. il a person decJdes 10 appIJ8.1 anydllêjslôJl maife by thItP!.nnlng. I/lq~ningCommissjon/ Local PlanntngAgenCY\Yllhl'8ipè(lltoanvm.r wnsideredat. a ¡nlll!jng or.hearlng, he or she will "lied arecai'd of theproëlledlngs. For SUCh purpose, he or she maynáed to ensure that a verballm record of the proceedings is made, which record includes the testimony and evidence upon whlchlhe appeal is 10 be based. Upon the request 01 any party tó the pro<:ee<ling, individuals testifying dUring a hearing will be sworn ·In< Any party· to thllprocaedlng wtll be granted an. opportunity 10 èross-lliCamineany indiviqual testifying during a heartng upon request. If it becomes nece88àry, a public hearing may be coÌ1tlnued to a date-certàin. ' ~ Anyone with a disability requiring accommodation to attend this meeting should .contact the .S; Lucie County Community Services Director a1least forty-llight (48) hours prior 10 the meeting at 7721<162-1 777 or T<D<D. n2l462~1428. PLANNING AND tONING COMMISSIONI LOCAL PLANNING AGENCY ST, LUCIE COUNTY, FLOAIDA ISISUSANCAAON, CHAIRMAN PUBUSH DATE: Marc.h 3, 2008 \ ~ AGENDA REQUEST ITEM NO. a DATE July 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: Amended and Restated Interlocal Agreement for Public School Facility Planning BACKGROUND: See attached memorandum CA No. 08-0741 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement for Public School Facility Planning and authorize the Chairman to sign the Agreement. [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Motion to approve as amended COMMISSION ACTION: [Xl County Attorney: [ ] Road Et Bridge.: Jr Review and Approvals [ )Management Et Budget: [ ]Purchasing: [ ) Parks Et Recreation Director [ ) Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 .J INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: . Daniel S. Mcintyre, County Attorney C.A. NO: 08-0741 DATE: May 2,2008 SUBJECT: Amended and Restated Interlocal Agreement for Public School Facility Planning BACKGROUND: In 2003, the School Board, St. Lucie County, the City of Fort Pierce, and the City of Port St. Lucie entered into an Interlocal Agreement for Public School Facility Planning ("Prior Planning Agreement"). The Prior Planning Agreement provided for notification and involvement by local governments in school siting decisions, coordination and sharing of planning decisions. Subsequent revisions to the Local Government Comprehensive Planning and Local Development Regulation Act, Section 163.3164, Fla. Stat., et seq., and in particular provisions subjecting public schools to concurrency requirements, necessitates amendment and restatement of the Prior Planning Agreement to implement school concurrency. Attached is the draft of an Amended and Restated Interlocal Agreement for Public School Facility Planning prepared by School Board staff. The primary changes to the Prior Planning Agreement are as follows: . The local governments and the School Board agree to cooperate in developing a common public school facilities element ("PSFE"), consistent with the Board's District facilities work program for a five-year period, for inclusion within the comprehensive plan of each local government (see new subsection 4.4, page 7). . The local governments and the School Board agree to a process for implementing public school concurrency in St. Lucie County (see new Section 11, pages' 19-29), including provisions that: . Establish as the uniform, District wide level of service ("LOS") standard for public schools, for all grade level groups and for Title I schools, 100 percent of permanent program capacity (see subsection 11.3, pages' 19- 20) . Establish initial boundaries for and maps depicting concurrency service areas ("CSAs") (see subsection 11.4, page 20) · Prescribe exemptions from school concurrency requirements (see subsection 11.5, pages' 20-21) · Detail the process for determining school facilities concurrency (see subsections 11.6 and 11.7, pages' 21-25) · Provide school concurrency mitigation alternatives that the School Board has determined will be financially feasible and will achieve the adopted LOS standard (see subsection 11.8, pages' 25-28) · Establish a procedure for amending key components of public school concurrency (see subsection 11.9, pages' 28-29) · A new Section 1.29 has been added to provide a definition of "SPCAs" (school capacity planning areas) (page 4). · A new subsection 11.4(d) has been added as a brief reference to and description of the SPCAs (page 20). · Subsection 11.6(a) has been revised to clarify that local governments are not precluded from undertaking concurrent (as opposed to consecutive) review of school concurrency, along with other aspects of a development proposal (page 21 ). . Subsection 11.6(1) has been revised to clarify that in the event of a challenge to the denial of a school concurrency application, the School Board will defend its own reports and determinations (page 23). . A new subsection 11.6(j) has been added to recognize that the School Board may adopt application and review fees to defray the costs of reviewing school concurrency applications and related filings (page 23). The School Board approved the Amended Agreement on May 13, 2008. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement for Public School Facility Planning and authorize the Chairman to sign the Agreement. Respectfully submitted, DSM/ cb H:\AgendaMemoDSM.wµd This instrument prepared by (Wld return to); Daniel B. Harrell Gonano & Harrell 1600 S. Federal Highway, Suite 200 Fort Pierce, FL 34950-5 I 94 (772) 464-1032 Ext. 1010 (Voice) (772) 464-0282 (Facsimile) AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACll..ITY PLANNING-ST. LUCIE COUNTY THIS AMENDED AND REST A TED AGREEMENT ("Agreement") is entered into this _ day of ,2008, with respect to that certain Interlocal Agreement For Public School Fa- cility Planning-St. Lucie County, effective December 1,2003, as recorded in Official Records Book 1853, Page 561, of the Public Records ofSt. Lucie County, Florida ("Prior Planning Agree- ment"), by and between St. Lucie County, a political subdivision of the State of Florida ("County"), the City of Fort Pierce, a municipal corporation of the State of Florida ("Fort Pierce"), and the City of Port S1. Lucie, a municipal corporation of the State of Florida ("Port S1. Lucie" and, collectively with the County and Fort Pierce, the "Local Governments"), and the School Board o[St. Lucie County, governing body of the School District of St. Lucie County ("School Board"). WHEREAS, the Local Govenunents, together with the Town ofSt. Lucie Village, a munici- pal corporation of the State of Florida ("Village"), comprise the local general purpose governments that have jurisdiction, collectively, for land use and growth management decisions over the entirety of the lands in S1. Lucie County, including authority to approve or deny comprehensive plan amend- ments, rezonings, or other development orders that generate students and impact the school system, within their respective boundaries; WHEREAS, as provided in Sections 163.3177(12)(b), 163.31777(6), and 1013.33(7), Florida Statutes, the Village remains exempt from the requirement to enter an interlocal agreement with the School Board because: (1) the Village has issued development orders for fewer than fifty (50) resi- dential dwellíng units during the preceding five (5) years, or the Village has generated fewer than twenty-five (25) additional public school students during the preceding five (5) years, (2) the Village has not annexed new land during the preceding five (5) years in land use categories that permit resi- dential uses that will affect school attendance rates, and (3) the Village has no public schools located within its boundaries; and WHEREAS, the School Board has the statutory and constitutional responsibility to provide a uniform system of free public schools on a countywide basis; WHEREAS, the Prior Planning Agreement establishedjointly the specific ways in which the plans and processes of the School Board and the Local Governments are to be coordinated; WHEREAS, subsequent to the parties entering the Prior Planning Agreement, the Florida Legislature enacted revisions to the Local Government Comprehensive Planning and Land Devel- opment Regulation Act, Section 163.3164, Florida Statutes, et seq., and in particular enacted provi- SCH 0500177 Am'd & Rcst'd Inlrlel Pub Sch Fue Pig AGT (V I 0) Page I of3 7 sions subjecting public schools to concurrency requirements, which enactments in turn have required the parties to amend and restate the Prior Planning Agreement to implement schoo] concurrency; and WHEREAS, the Prior Planning Agreement should be amended and restated to implement school concurrency requirements for public schools in St. Lucie County. NOW THEREFORE, in consideration of the mutual advantages accruing to the parties, the School Board and the Local Governments agree to amend and restate the Prior Planning Agreement as follows (with new text shown in underline. and deleted text shown as struck tMOl..¡gh): Section 1. Definitions For purposes of this Agreement, the following tenns shall have the indicated meanings: 1.1 "A11Cillary facilities" and "ancillary plant" shall mean the buildings, sites, and site im- provements necessary to provide such facilities as velúcle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program of the School Board. 1.2 "Applicable LDRs" shall mean the LDRs adopted by the Local Government with jurisdiction to the extent that (a) the regulations are not in conflict with or the subject regulated is not specifically addressed by Chapter 1013, Florida Statutes, or the State Unifonn Building Code for Public Educational Facilities Construction adopted as provided in Section 1013.37, Florida Statutes, including the State Requirements for Educational Facilities, and (b) such regulations are specified in this Agreement as applicable to ancillary or educational facilities of the School Board. 1.3 "Auxiliary facilities" shall mean the spaces located at educational plants of the Schoo] Board that are not designed for student occupant stations. 1.4 "Chief Executives" shall mean the County Administrator of the County, the City Manager of Fort Pierce, and the City Manager of Port St. Lucie. 1.5 "Comprehensive Plan" shall mean the comprehensive land use plan adopted by a Lo- cal Government in accordance with the Florida Local Government Comprehensive Planning and Land Use Development Regulation Act, Part II of Chapter 163, Florida Statutes. 1.6 "Concurrency" shall mean. as provided in Florida Administrative Code Rule 9]-5.003. that the necessary public facilities and services to maintain the adopted LOS standards are availab]e when the impacts of development occur. -hé1. 7 "Concurrency Management System" shall mean the requirements relating to the avail- ability of public facilities and services to serve new development adopted by a Local Government in the manner provided in Section 163.3180, F]orida Statutes. 1.8 "CSAs" shall mean the school concurrencv service areas within which an evaluation is made of whether adequate school capacÍtv is available based on the adopted LOS standards. SCH 0500177 Am'd & Resl'd Inlrlcl Pub 5ch Fae Pig AOT (VIO) Page 2 of37 h71.9 "Development regulatory action" shall mean action by a Local Government upon any proposal, application, or request to enact, adopt, approve, amend, or rescind a comprehensive plan, land use classification, zoning ordinance, zoning classification, land development rule or regulation, conditional use, special exception, site plan, mining pennit, condemnation, or other development or- der, pennit, or approval, but not including action upon an application for a building penni1. H!:.!!! "DRC" shall mean the staff development review corrunittee, site plan teclmic- al review committee, or equivalent body, for a Local Government. +.91.11 "EAR" shall mean the evaluation and appraisal report on a Comprehensive Plan prepared by the LP A for a Local Government in accordance with Section 163.3191, Florida Sta- tutes. -h-l-91.12 "Educational facilities" shall mean the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educa- tional purposes and secondarily the social and park and recreational purposes of the community and that may lawfully be used as authorized by the Florida K-20 Education Code (Chapters 1000-1013, Florida Statutes) and approved by the School Board. hH-1.13 "Educational plant" shall mean the educational facilities, site, and site im- provements necessary to accommodate students, faculty, administrators, staff, and the activities of the educational program of each educational plant of the School Board. 1.14 "FISH Manual" shall mean the document entitled "Florida Inventory of School Hous- es," current edition. that is published by the Florida Department of Education, Office of Education Facilities. 1.15 "FISH Capacity" shall mean "capacity" as defined in the FISH Manual. 1.16 "Grade level group" shall mean. for elementary schools. grades K-5: for middle schools. grades 6-8: and for high schools. grades 9-12. ~1.17 "LDRs" shall mean the land development regulations adopted by the Local Government with jurisdiction, including but not limited to (a) for the County, the 81. Lucie County Land Development Code, (b) for Fort Pierce, the Zoning Ordinance of the City of Fort Pierce, and (c) for Port 81. Lucie, the Port S1. Lucie Zoning Code. ~1.18 "Long-range planning" shall mean devising a systematic method based on educational information and needs, carefully analyzed, to provide the facilities to meet the goals and objectives of the School Board. 1.19 "LOS" shall mean level of selVice, which. as provided in Florida Administrative Code Rule 9J-5.003, is an indicator of the extent or degree of service provided by. Of proposed to be PfO- vided by. a facility based on and related to the ollerational characteristics of the facility. SCH 0500177 Am'd & Rest'd Intrlcl Pub Seh File Pig AGT (V 10) Page 3 of37 -hM1.20 "LPA" shall mean the local planning agency, planning and zoning commis- sion, zoning board, or equivalent body, designated (a) to prepare the Comprehensive Plan for a Local Government in accordance with the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Part II of Chapter 163, Florida Statutes, and/or (b) to review and rec- ommend approval or disapproval of applications to rezone property within the jurisdiction of, or to amend the LDRs of, a Local Government. 1.21 "Measurable Prorµ-ammatic Change" shall mean a change to the operation ora school that has consistent and measurable capacity impacts. including but not limited to the use of class- rooms for special education or other special OllrDoses. hHl.22 "New construction" shall mean any construction of a building or unit of a building in which the entire work is new or an entirely new addition connected to an existing build- ing. 1.23 "Permanent Program Capacity" shall mean the maximum number of students that may be housed in structures that are pennanent to the campus. using FISH Capacity that is adiusted by the School Board annually to account for measurable programmatic changes in order to create permanent program capacity. as set forth in the District facilities work program for a 5-vear period. 1.24 "PSFE" shall mean a public schools facilities element of a Comprehensive Plan, adopted to implement a school concurrency program in accordance with Sections 163.3177(12) and 163.3180. Florida Statutes. Florida Administrative Code Rule 9J-5.025. and other applicable law. 1.25 "Proportionate Share Mitigation" shall mean a mechanism by which a developer may choose to supplY school capacity in the event that adeCluate school capacity is not available at th~ time orsite plan subdivision orolatting. +:+61.26 "Regional Planning Council" shall mean tlle Treasure Coast Regional Plan- ning Council, a regional planning council created as provided in Section 186.504, Florida Statutes. 1.27 "School Concurrency Ordinance" shall mean and refer to each of the ordinances adopted by the Local Governments immediatelv following amendment of the Comprehensive Plans in order to implement school concurrency consistent with state law and the terms ofthis Agreement. +.+71.28 "School facilities" shall mean and include any or all ancillary, alLxiliary, and educational facilities afthe School Board. 1.29 "SCP As" shall mean the school capacity planning areas established by the L{)Oal Gov- ernments as components of the PSFE for use in coordinating land use decisions with school capacity planning. +-+81.30 . "Site" shall mean a space of ground occupied or to be occupied by an ancillary or educational facility or program. SCH 0500177 Am'd & Resl'd Inlrlcl Pub Sch Fac Pig AGT (VIOl Page 4 of37 -H-91.31 "Site development" shall mean work that must be perfonned on an unim- proved site in order to make it usable for the desired purpose; or, work incidental to new construction or to make an addition usable. +';wl.32 "Site improvement" shall mean work that must be perfonned on an existing site to improve its utilization, correct health and safety deficiencies, meet special program needs, or provide additional service areas. 1.33 "SREF" shall mean the State Reauirements for Educational Facilities as adopted by the Florida State Board of Education in accordance with Florida Administrative Code Rule 6A- 2.0010. -hUI.34 County, Florida. "Superintendent" shall mean the Superintendent of Schools for St. Lucie Section 2. Joint Meetine:s 2.1 Staff Worm!! Group: A staff working group of the Local Governments and School Board will meet on a semiannual basis to discuss issues and fonnulate recommendations re- garding coordination ofIand use and school facilities plarming, including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the Regional Planning Council will also be invited to attend. The Su- perintendent shall be responsible for making meeting arrangements and providing notification of meetings. 2.2 Joint Workshop Sessions: One or more representatives of the Local Governments and the School Board will meet annually in joint workshop sessions. A representative of the Re- gional Planning Council will also be invited to attend. The joint workshop sessions will be opportun- ities for the Local Governments and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. The Superintendent shall be responsible for making meeting arrangements and providing notification of meetings. Section 3. Student Enrollment and Population Proiections 3.1 Review of Proiections: In fulfillment oftheir respective planning duties, the Local Governments and School Board agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution population grovrth and of student enrollment. CountywideíWe- ye£lf populatiea 3fojeetions developed by the County and five-year student emollment projections developed by the School Board shall be revised annually and provided at the first staff working group meeting described at subsection 2.1 of this Agreement. 3.2 Basis of Projections: The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences SCH 0500177 Am'd & Resl'd Inlrlc] Pub Sch Fac Pig AGT (Via) Page 5 of37 pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local governments and the Office of Educational Facilities W'ld SM/.RT 8eAools Clearinghouse. The School Board may request adjustmentto the es- timating conferences' projections to reflect actual enrollment and development trends. In fonnulating such a request the School Board will coordinate with the Local Governments regarding development trends and future population projections. 3.3 Allocation ofEnroUmcnt: The School Board, working with the Local Governments, will use the infonnation described in SectioH subsection 4.3 of this Agreement to allocate projected student enrollment into sub-count planning sectors so that the District-wide projections are not ex- ceeded. The planning sectors will be established by mutual consent of the School Board and Local Government staff. The all ocation of proj ected student enrollment will be detennined at the first joint staff working group meeting described in subsection 2.1 of this Agreement. 3.4 Provision of Reports: The Local Governments shall provide the School Board a copy of each population report, count, or projection; residential building pennit report, count, or pro- jection; and demographic study or analysis prepared or received by any of them within thirty (30) days of preparation or receipt. The School Board shall provide the Local Governments a copy of each student enrollment report, count, or projection and demographic study or analysis prepared or received by the School Board within thirty (30) days of preparation or receipt. Alternatively, the par- ties may comply with the requirements of this subsection by making each such report available at the next semiannual staff working group meeting that follows preparation or receipt of the report. Section 4. Coordinatine and Sharinl!: of Information 4.1 Tentative District Educational Facilities Plan: On August I of each year, the School Board shall submit to the Local Governments the tentative District educational facilities plan prior to adoption by the Board. The plan will be consistent with the requirements of Section 1013.35, Flori- da Statutes, and include projected student populations apportioned geographically, an inventory of existing school facilities, projections offaciIity space needs, infonnation on relocatables, general 10- cations of new schools for the 5-, 10-, and 20-year time periods, and options to reduce the need for additional pennanent student stations. The plan will also include a fmancialIy feasible District facili- ties work program for a 5-year period. The Local Governments shall review the plan and comment to the School Board within 30 days on the consistency of the plan with the local Comprehensive Plan, whether a Comprehensive Plan amendment will be necessary for any proposed educational fa- cility, and whether the Local Government supports a necessary Comprehensive Plan amendment. If the Local Government does not support a Comprehensive Plan amendment, the matter shall be re- solved pursuant to Section 11 of this Agreement. 4.2 Educational Plant Survey: At least eRe year priort6 prepæ-ßtioR ofilia Eduøational PI1l:Rt SHf'lOY update, the The staff working group established in subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of the annual update ofthe Educational Plant Survey prepared in coni unction with the District facilities work program for a 5- year period. The Educational Plant Survey shall be consistent with the requirements of Section ] 0 13.31, Florida Statutes, and include at least an inventory of existing educational facilities, recom- mendations for new and existing facilities, and the general location of each in coordination with the SCI- 0500177 Am'd & Rest'd Inlrlcl Pub Sch Fue Pig AGT (V 1 0) Page 6 of3 7 .[ land use plan. The staff working group will evaluate and make recommendations regarding the loca- tion and need for new, or significant renovation and expansion of existing educational facilities with the Local Government Comprehensive Plan. and relevant issues listed at subsections 6.3, 9.6, 9.7, and 10.1 of this Agreement. 4.3 Growth and Development Trends: On NevemeerOctober 15 of each year, theLo- cal Governments will provide the School Board with a report on growth and development trends within their respective jurisdictions. This report will be in tabular, graphic, and textual fonnats (in electronic fonn using the respective Local Government's geographic information system data base) and will include the following: (a) The type; number, and location of residential units which have received zon- ing approval or site plan approval; (b) lnfonnation regarding future land use map amendments which may have an impact on school facilities; (c) Building permits issued for the preceding fiscal year (October 1 through Sep- tember 30) and their location; (d) Information regarding the conversion or redevelopment of housing or other structures into residential units which are likely to generate new students; and ( e) The identification of any development orders issued which contain a require- ment for the provision of a school site as a condition of development approval. 4.4 Public Schools Facilities Element: (a) The Local Goverrunents and the School Board will cooperate to develop a common PSFE that is consistent with the School Board's District facilities work program for a 5-year period. (b) The Local Governments will consider the adoption of the PSFE at the round of Comprehensive Plan amendments immediatelv foIIowing the development of the common PSFE. (c) If one or more of the parties desire to initiate a modification requirin~ an amendment to the PSFE. the party shall follow the ?rocess set forth in subsection 11.9 ofthis Agreement before transmitting the proposed modification to the Department of Community Affairs pursuant to Section 163.3184. FloridaStatutes. Section 5. Consistencv Determinations 5.1 Sites and Facilities Consistent with Comprehensive Plan: Each Local Govern- ment, with notice to and in cooperation with the School Board, shall review and amend as necessary its respective Comprehensive Plan to assure that the following sites and/or facilities are or will be SCH 0500177 Arn'd & Resl'd lntrlcl Pub Sch Fac Pig AGT (V 10) Page 70f37 consistent with the land use categories and policies of the Comprehensive Plan for the Local Gov- ernment with jurisdiction: (a) All ancillary and educational facilities existing or under construction as of the effective date of this Agreement. (b) All educational facilities sites owned by the School Board as of the effective date of this Agreement. (c) All future educational facilities sites designated by the Local Governments as conditions of any future development regulatory action. 5.2 Permitted Future Land Use Classifications for New Sites and Facilities: Each Local Government, with notice to and in cooperation with the School Board, shall review and amend as necessary its respective Comprehensive Plan to specifY the future land use classifications in which School Board facilities shall be permitted, recognizing the following guidelines: (a) Ancillary Facilities: Ancillary facilities generally should be permitted in any future land use classification in which the principal or predominant use of the facility would be permitted. (b) Educational Facilities: (I) Traditional educational facilities serving students in grades K-12, re- gardless of grade level conñguration, generally should be permitted in any institu- tional, residential, or mixed use future land use classification. (2) Academies (educational facilities that house particular academic, al- ternative, research, or vocational programs delivered in a nontraditional setting, in- cluding but not limited to school-in-the-workplace programs) generally should be permitted in any future land use classification in which the principal or predominant use or activity within the academy would be pennitted. 5.3 Cooperation in Subsequent Proceedinl!S: In the event of an adrninistrative,judicial, or other challenge, or the initiation offonnal or infonnal proceedings, with respect to any amend- ment undertaken by a Local Government as provided in subsection 5.1 or 5.2 of this Agreement, the School Board shall assist and cooperate with the Local Goverrunent in defending or otherwise res- ponding to such challenge or proceedings. Section 6. School Facilities Site Selection. Sil!llific8nt Renovations. and Potential School Closures. 6.1 Public Schools Advisorv Committee: The School Board will establish a Public Schools Advisory Committee for the purpose of reviewing potential sites for new schools and pro- posals for significant renovation and potential closure of existing schools. The School Board and each Local Government shall appoint a citizen member to serve on the Committee. Based on infor- SCH 0500177 Am'd & Rcst'd Intrlcl Pub Soh Fac PlgAGT(VIO) Page 8 of37 ·1 \ mati on gathered during the review, the Committee will submit reconunendations to the Superinten- dent. The Public Schools Advisory Committee will be a standing committee and will meet on an as needed basis. In addition to citizen members, the Committee will include appropriate members of School Board staff and at least one staff member from each of the Local Governments. 6.2 Committee Review of Proposed Sites. Renovations. and Closures: When the need for a new school is identified in the District educational facilities plan, the Public Schools Advisory Committee will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District educational facilities plan for significant re- novation and potential closure will be submitted to the Local Government with jurisdiction for an infonnal assessment regarding consistency with the Local Government comprehensive plan, includ- ing, as applicable: environmental suitability, transportation and pedestrian access, availability of in- frastructure and services, safety concems,land use compatibility, consistency with community vi- sion, and other relevant issues. In addition, the issues identified in subsection 6.3 of this Agreement will be considered by both the Loca] Government and Public Schools Advisory Committee as each site or school is evaluated. Based on the infonnation gathered during this review, for new schools the Committee will malœ a recommendation to the Superintendent of one or more sites in order of pre fe- rence. For significant renovations and potential closures, the Committee will make appropriate rec- ommendations. 6.3 Factors Considered: The following factors will be considered by the Public Schools Advisory committee, the Schoo] Board, and the Local Governments when evaluating new school sites and significant renovations and potential closure of existing schools: (a) The location of schools proximate to urban residential deve]opmentand con- tiguous to existing school sites, and which provide logical focal points for community activi- ties and serve as the cornerstone for innovative urban design, including opportunities for shared use and collocation with other community facilities; (b) The location of elementary schools proximate to and within walking distance of the residential neighborhoods served; (c) The location of high schools on the periphery of residential neighborhoods, with access to major roads; (d) Confonnity ofthe schoo] site location with continued implementation of the School Board's student assignn1ent plan and transportation network; (e) property; Compatibility of the schoo] site with present and projected uses of adjacent (f) Whether existing schools can be expanded or renovated to support community redevelopment and revitalization, efficient use of existing infrastmcture, and the discou- ragement of urban sprawl; (g) Site acquisition and development costs; SCH 0500177 Arn'd & Rcst'd ¡ntrlel Pub Sch Fac Pig AGT (V I 0) Page 9 of37 (h) Safe access to and from the school site by pedestrians and vehicles; (i) Existing or planned availability of adequate public facilities and services to support the school; CD Environmental constraints that would either preclude or render cost infeasible the development or significant renovation ofa public school on the site; (k) Adverse impacts on archaeological or historic sites listed in the National Reg- ister of Historic Places or designated by the affected local government as a locally significant historic or archaeological resource; (1) The site is well drained and the soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements; (m) The proposed location is not in conflict with the local government compre- hensive plan, stonnwater management plans, or watershed management plans; (n) The proposed location is not within a velocity flood zone or flood way, as de- lineated in the applicable comprehensive plan; (0) TIle proposed site can accommodate the required parking, circulation and queuing of vehicles; (P) The proposed location lies outside the area regulated by Section 333,03, F.S., regarding the construction of public educational facilities in the vicinity of an airport; (q) Whether a site plan and structural design can be developed consistent with any architectural guidelines overlaying the entire jurisdiction of the applicable Local Gov- ernment, subject to any availab]e variance procedure when appropriate; and (r) Whether the site can be served by adequate public facilities concurrent with the opening and operation of the school. 6.4 Notice ofProllosed Educational Facility Site Acquisition: At least 60 days prior to acquiring or leasÌllg property that may be used for a new public educational facility, the Schoo] Board shall provide written notice to the Local Government with jurisdiction over the use of the land. The Local Government, upon receipt of this notice, shall notifY the School Board within 45 days ifthe proposed new school site is consistent with the land use categories and policies of the Lo- cal Government's comprehensive plan. TIùs preliminary notice does not constitute the Local Gov- ernment's determination of consistency pursuant to Section 10 13.33( 12), Florida Statutes. 6.5 Proposed Ancillary Facility Site Acquisition: When the need for a new ancillary facility is identified in a District facilities work program, the School Board will follow the site selec- tion procedures set forth in Seetians subsections 6.2 and 6.3 of this Agreement. with appropriate ad- SCH 0500177 Am'd & ReSL'd Intrlcl Pub Sch Fac PIg AGT(VIO) Page 10 of37 justment to the factors considered based upon the principal or predominant use proposed for the fa- cility. At least 60 days prior to acquiring or leasing property that may be used for a new ancillary facility, the School Board shall provide written notice to the Local Government with jurisdiction over the use of the land. The Local Government, upon receipt of this notice, shall notify the School Board.within 45 days if the proposed new ancillary facility site is consistent with the land use catego- ries and policies of the Local Government's comprehensive plan. This preliminary notice does not constitute the Local Government's determination of consistency pursuant to Section 1013.33(12), Florida Statutes. 6.6 Conforminl! Future Land Use Cbane:e or Rezonfne:: Upon request of the Local Government with jurisdiction, the School Board shall cooperate in undertaking any Local Govern- ment-requested change to the future land use classification or zoning of property acquired or leased for an ancillary or educational facility if the Local Government determines that such a change is ap- propriate to conform the future land use classification or zoning of the property to its actual or in- tended use by the School Board, provided, however, that no such change shall render the facility in- consistent with the Local Government's Comprehensive Plan, inconsistent with the Applicable LDRs, or otherwise nonconfonning, and provided, further, that no application or review fee shall ap- ply. 6.7 Supportine: Infrastructure Ae:reement: In conjunction with the preliminary consis- tency determination described at subsection 6.4 or 6.5 of this Agreement, the School Board and af- fected Local Governments will jointly detennine the need for and timing of on-site and off-site im- provements necessary to support each new school or ancillary facility or the proposed significant re- novation of an existing school, and will enter into a written agreement as to the timing, future main- tenance, location, and the parly or parties responsible for constructing, operating, and maintaining the required improvements. Section 7. Ancillary FaciJities Site Development 7.1 Ancillary Facilities Deemed Consistent with Applicable LDRs: All ancillary facil- ities existing or under construction as of the effective date of this Agreement are deemed to be con- sistent with the Applicable LDRs. 7.2 Notice of Proposed Facility and Request for Consistency Review: At least 120 days prior to commencing construction of a new ancillary facility proposed for construction, the School Board shall notify and request the Local Government with jurisdiction to review the proposed facility for consistency with the Local Govenunent's Comprehensive Plan and the Applicable LDRs. The notice and request for consistency review shall include a site plan and related submittal mate- rials that comply with those site plan submission requirements of the Local Government with juris- diction that are applicable to the type of ancillary facilities proposed. The site plan and related sub- mittal materials, in turn, shall include, at a minimum, the following: (a) Site boundary; (b) General site development infonnation, to scale and with dimensions, includ- ing building layout, vehicle access and parking facilities, and activity fields; and SCH 0500177 Am'd & Rest'd Inlrlel Pub Sch Fac Pig AGT(VIO) Page 11 of37 (c) Proposed staff population so that traffic impacts may be evaluated. 7.3 Consistency Determination: (a) Scope of Review: The Local Governments acknowledge and recognize the need to conserve public funds, the special nature of ancillary facilities and the fact that such facilities constitute a vital component of the total public infrastructure required to support ex- isting and future development. All new ancillary facilities proposed for construction shall be subject to the site plan submission requirements of the Local Government with jurisdiction that are applicable to the type of ancillary facilities proposed. Any required concurrency re- view of a new ancillary facility proposed for construction, including any appropriate capacity reservation, shall be undertaken as a part of the reviews provided in 8eetieRs subsections 6.2, 6.3(i) and (r), 6.5, 6.7, and 7.3(b) of this Agreement. (b) Procedure for Review: When the School Board proposes the construction of a new ancillary facility, the following consistency detennination and site plan review proce- dure shall apply: (1) Within 45 days of receiving from the School Board all of the site plan submittal materials applicable to the type of ancillary facility proposed, the staffDRC for the Local Govenunent with jurisdiction shall (i) conduct a sufficiency review of the submission and a substantive analysis of the site plan, (ii) schedule a review with and provide comments to School Board staff, and eiii) approve, disapprove, or ap- prove with conditions the site plan for the facility. (2) Any disapproval or approval with conditions shall be set forth in writ- ing specifying the basis for the detennination, including the detennined inconsistency with the Applicable LDRs. (3) In the event the DRC approves the site plan, or approves the site plan with conditions acceptable to the School Board, the action of the DRC shall be final, and the School Board may proceed with development consistent with and in accor- dance with the procedures set forth in the State Uniform Building Code for Public Education Facilities Construction adopted as provided in Section 1013.37, Florida Statutes. (4) In the event the DRC disapproves the site plan, or approves the site plan with conditions unacceptable to the School Board, the School Board may submit an amended site plan for review as provided in this suhseetion paragraph 7.2(b) or may appeal the detennination to the governing body of the Local Govenunent with jurisdiction. (5) Except as provided in this Agreement, no other or additional con- sistency determination or development approval shall be required by, of, or from a SCH 0500177 Am'd & Resl'd Intrlel Pub Seh FllC Plg AGT(V10) Page 12 of37 Local Government with respect to a new ancillary facility proposed for construction within its respective jurisdiction. (6) Following receipt of a consistency detennination and approval of a site plan for a new ancillary facility, and upon request of the School Board, the Local Government with jurisdiction shall confinn to any agency exercising regulatory juris- diction over development of such facility that the School Board has obtained all local government development approvals required by the Local Government. (7) No site plan review fee shall apply but the School Board shall reim- burse the Local Government withjurisdiction for the actual cost of any required pub- lication or other notification expense. Section 8. Educational Facilities Site Development 8.1 Educational Facilities Deemed Consistent with Applicable LDRs: All educational facilities existing or under construction as of the effective date of this Agreement are deemed to be consistent with the Applicable LDRs. 8.2 Notice of Proposed Facility and Request for Consistency Review: At least 120 days prior to commencing construction of a new educational facility proposed for construction, the School Board shall notify and request the Local Government with jurisdiction to review the proposed facility for consistency with the Local Government's Comprehensive Plan and the Applicable LDRs. The notice and request for consistency review shall include a site plan and related submittal mate- rials that comply with those site plan submission requirements ofthe Local Government withjuris- diction that are applicable to the type of educational facilities proposed. The site plan and related submittal materials, in turn, shall include, at a minimum, the following: (a) Site boundary; (b) General site development infonnation, to scale and with dimensions, includ- ing building layout, vehicle access and parking facilities, and activity fields; and (c) Proposed student, faculty, and support staffpopuIations so that traffic impacts may be evaluated. 8.3 Consistency Determination: (a) Scope of Review: The Local Governments acknowledge and recognize the need to conserve public funds, the special nature of educational facilities, the fact that such facilities constitute a vital component of the total public infrastructure required to support ex- isting and future development, and the fact that the School Board's site plans for such facili- ties will undergo scrutiny by several state and regional agencies. The Local Governments therefore agree that their review of each such site plan, and each determination of consistency with the appropriate Local Governments' Comprehensive Plan and the Applicable LDRs, shall focus upon but not be limited to the following: SCH 0500177 Am'd & Rcst'd lnlrlcl Pub Seh Fue Pig AGT (V I 0) Page 13 of37 (I) Whether the ingress and egress to the site, with particular reference to vehicle and pedestrian safety, convenience, traffic flow and control, including traffic flow and control on the surrounding roads, and emergency access, are consistent with the Applicable LDRs; (2) Whether the water and wastewater capacities available to the site OTto be constructed on site are sufficient for the proposed educational facility; (3) Whether the drainage and stonnwater management facilities available to the site or to be constructed on site or in conjunction with development of the site are sufficient for the proposed educational facility; (4) Whether proposed signs and exteri or lighting for the proposed educa- tional facility, with reference to glare and traffic safety, are consistent with the Appli- cable LDRs; (5) Whether the site plan, as proposed or with reasonable conditions, is adequate as it relates to environmental concerns and effects on adjacent property; and (6) If the site is located within a designated historic preservation, redeve- lopment, or other overlay zone, whether the site plan and design of the structure are consistent with the architectural guidelines and other LDRs governing such overlay zone. Any required concurrency review of a new educatiomlI facility proposed for construction, including any appropriate capacity reservation, shall be undertaken as a part of the reviews provided in 8eetions subsections 6.2, 6.3(i) and (r), 6.4, 6.7, and 8.3(b) of this Agreement. (b) Procedure for Review: When the School Board proposes the construction of a new educational facility, the following consistency determination and site plan reviewproce- dure shall apply: (1) Within 45 days of receiving the submittals specified in subsection 8.2 of this Agreement, the staffDRC for the Local Government with jurisdiction shall (i) conduct a sufficiency review ofthe submission and a substantive analysis ofthe site plan, (ii) schedule a review with and provide comments to School Board staff, and (iii) approve, disapprove, or approve with conditions the site plan for the facility. (2) Any DRC disapproval or approval with conditions shall be set forth in writing specifying the basis for the determination, including the determined inconsis- tency with the Applicable LDRs. (3) In the event the DRC approves the site plan, or approves the site plan with conditions acceptable to the School Board, the action of the DRC shall be final, and the School Board may proceed with development consistent with and in accor- SCH 0500177 Am'd &. Rcst'd Intrlcl Pub Sch Fac PIg AGT (V 10) Page 14 of37 dance with the procedures set forth in the State Uniform Building Code for Public Education Facilities Construction adopted as provided in Section 1013.37, Florida Statutes. (4) In the event the DRC disapproves the site plan, or approves the site plan with conditions unacceptable to the School Board, the School Board may submit an amended site plan for review as provided in this sl;\llseetien paragraph 8.3(b), or may appeal the determination to the governing body of the Local Government with jurisdiction. (5) Except as provided in this Agreement, no other or additional consis- tency determination or development approval shall be required by, of, or from a Lo- cal Government with respect to a new educational facility proposed for construction within its respective jurisdiction. (6) Following receipt of a consistency determination and approval of a site plan for a new educational facility, and upon request of the School Board, the Local Government with jurisdiction shall confirm to any agency exercising regulatory jurisdiction over development of such facility that the School Board has obtained all local government development approvals required by the Local Government. (7) No site plan review fee shall apply but the School Board shall reim- burse the Local Government with jurisdiction for the actual cost of any required pub- lication or other notification expense. (c) Exceptions: Notwithstanding any other provision of this Agreement, as pro- vided in Section 1013.33(15), Florida Statutes, no consistency determination or site plan re- view shall be required for: (1) The placement of temporary or portable classroom facilities; or (2) Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes sta- diums, or results in a greater than 5 percent increase in student capacity. Section 9. Local Plannine Al!encv Comprehensive Plan Amendments, Rezoninl!S, and De- velopment Approvals 9.1 School Board Representation on LP As: The Local Governments will include a nonvoting representative appointed by the School Board on the their respective LP As to attend those meetings at which the agencies consider Comprehensive Plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The appointment of a nonvoting representative for the School Board shall not affect the quorum or voting requirements of any LP A, nor entitle such representative to compensation or expense reimbursement otherwise applicable to the voting members of any LP A. SCH 0500J77 Am'd & Rest'd Intrlcl Pub Sch Fac Pig AGT (VJO) Page 15 of37 9.2 School Board ReDresentation on DRCs: The School Board will appoint a repre- sentative to serve on the staff DRC for each of the Local Governments. The School Board repre- sentative will be provided agendas for review lmd invited to participate in each meeting of the DRC when development and redevelopment proposals are proposed which could have a significant impact on student enrollment or school facilities. 9.3 Local Government Notice of Development Proposals: The Local Governments agree to give the School Board notification of land use applications and development proposals pending before them that may affect student enrollment, enrollment projections, or school facilities. (a) Notice to the School Board will include copies of the meeting agenda and all Local Government staff comments and other attachments related to any pending application or development proposal potentially affecting student enrollment, enrollment projections, or school facilities. (b) Notice to the School Board will be provided simultaneously with provision of such materials to the LPA, DRC, or governing body of the Local Government withjurisdic- tion. (c) This notice requirement applies to any amendment to the comprehensive plan future land use map, rezoning, development of regional impact, or major residential or mixed-use development project that proposes (I) to increase the density ofland by more than 50 non-age-restricted residential dwelling units, or (2) to construct or develop more than 50 non-age-restricted dwelling units or lots. 9.4 School Board Comments on Development Proposals: Within 15 days after notifi- cation by the Local Government, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development pro- posal, and whether sufficient school capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities and the current Permanent Pro~ram Capacity of District educational facilities. 9.5 School Capacity Shortfalls: If sufficient school capacity is not available or planned to serve the development at the time of impact, the School Board will specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, the Local Govern- ment withjurisdiction, and the developer will collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions, project phasing, or de- veloper provided facility improvements. 9.6 Factors Considered in Reviewinr: Development Proposals: In reviewing and ap- proving comprehensive plan amendments, rezonings, and development proposals, the Local Gov- ernments will consider the following factors: (a) School Board comments; SCI-I 0500177 Am'd & Rest'd Intrlcl Pub Sch Fac Pig AGT (V J 0) Page 16 of37 (b) ty; (c) (d) sites; (e) sites; Available school capacity or planned improvements to increase school capaci- The provision of schoo] sites and facilities within planned neighborhoods; Compatibility ofland uses adjacent to existing schools and reserved school The collocation of parks, recreation and neighborhood facilities with schoo] Cf) The linkage of schools, parks, libraries and other public facilities with bike- ways, trails, and sidewalks for safe access; (g) Traffic circulation plans which serve schools and the surrounding neighbor- hood; (h) The provision of off-site signalization, signage, access improvements, and si- dewalks to serve schools; and (i) The inclusion of school bus stops and turnarounds. 9.7 Factors Considered in FormuJatine: Communitv Development Plans: In fonnu- lating community development plans and programs, the Local Governments will consider the follow- ing factors: (a) Scheduling capital improvements that are coordinated with and meet the capital needs identified in the School Board District educational facilities plan; (b) Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments; (c) Targeting community development improvements in older and distressed neighborhoods near schools; and (d) Working to address and resolve multijurisdictional public school issues. 9.8 Evaluation and Appraisal of Comprehensive Plans: (a) In accordance with Section 163.3191, Florida Statutes, the LPA for each Lo- cal Government must prepare an EAR on the Comprehensive Plan for its area of jurisdiction at least once every 7 years, or as otherwise scheduled by the Florida Department of Commu- nity Affairs. (b) Whenever a meeting of or hearing before the LP A for a Local Goverrunent in- cludes consideration of an EAR, the Local Government shall provide to the School Board, SCH 0500177 Am'd & Rest'd Intrlcl Pub 8ch Fac Pig AGT (VIOl Page 17 of37 prior to the meeting or hearing, copies of(1) the meeting or hearing agenda, (2) any draft of the EAR under consideration, and (3) any staff analysis, report, or recommendation prepared with respect to the EAR lmder consideration. (c) The Local Government with jurisdiction shall provide the School Board a copy of each EAR prepared by the respective LPA within 30 days of submission to the go- verning body of the Local Government. (d) Whenever a meeting of or hearing before the governing body of the Local Government includes consideration of an EAR or proposed amendments to the Local Gov- ernment's Comprehensive Plan to implement an EAR, the Local Govenunent shàll provide to the School Board prior to the meeting or hearing, copies of (1) the meeting or hearing agenda, (2) any draft of the EAR or proposed Comprehensive Plan amendments under con- sideration, and (3) any staff analysis, report, or recommendation prepared with respect to the EAR or proposed Comprehensive Plan amendments under consideration. (e) The School Board may submit written comments to the Local Government with jurisdiction about the possible affect upon the School Board of any EAR or proposed amendments to the Local Government's Comprehensive Plan that are necessary to imple- ment an EAR, and the Local Government shall give due and appropriate consideration to such comments, (t) The Local Government with jurisdiction may request that the School Board provide teclmical assistance with respect to any EAR or proposed amendments to the Local Government's Comprehensive Plan to implement an EAR and the possible affect upon the School Board, and the School Board shall endeavor to provide such assistance as time and resources pennit. Section 10. Collocation and Shared Use 10.1 Opportunities CODsidered: Collocation and shared use offacilities are important to both the School Board and the Local Governments. The School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Education- al Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the Local Governments when preparing the annual update to the Comprehensive Plan's schedule of capital im- provements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be considered for li- braries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, per- forming arts centers, and stadiums. In addition, collocation and shared use of school and governmen- tal facilities for health care and social services will be considered. 10.2 Separate Al!l"eement: A separate agreement will be developed for each instance of collocation and shared use which addresses legal liability, operating and maintenance costs, schedul- ing of use, and tàcility supervision or any other issues that may arise from collocation and shared use. SCI-I 0500177 Am'd & Rest'd {"trlel Pub Seh rue PIg AGT (V I 0) Page ]8 of37 Section 11. School Concurrenev Imnlementation A public schoo] concurrency system consistent with the reauirements of Sections 163.3177 and 163.3180. F]orida Statutes. shall be established for S1. Lucie County as set forth in this section. 11.1 Comorebensive Plan: No later than October 1. 2008. each of the Loca] Govern- ments will adopt, or commence proceedings for the adoption of. Comprehensive Plan amendments to address school concurrency. Such amendments: (a) Shall be consistent with the amendments adopted by the other Local Govern- ments. as required by Section 163.3180. Florida Statutes. and (b) Shall include (1) a common PSFE developed as provided in subsection 4.4 of this Agreement. and (2) changes to the intergovernmental coordination and capital improve- ments elements as necessary to effectuate the school concurrency methodologies and processes provided in this Agreement. 11.2 Land Develonment Rel!Ulations: Immediately following amendment of its Compre- hensive Plan as provided in subsection 1 1.1 ofthis Agreement. each of the Local Govenunents will commence proceedings for the adoption of a "School Concurrency Ordinance" and such other changes to its LDRs as necessary to implement school concurrency consistent with its resPective Comprehensive Plan. state law (Sections 163.3180 and ] 63.3202. F]orida Statutes). and the terms of this Agreement. 11.3 Level of Service Standard: (a) The unifonn. district-wide LOS standard for public schoo]s in St. Lucie County shall be. for al] grade level grOUpS (e]ementary. middle. and high schools). and for Title 1 schools. 100 percent of Permanent Program Capacity. (b) The Local Governments shall ensure that the capacity of public schools is suf- ficient to support new residential subdivisions. plats. or site plans at the adopted LOS stan- dard for the geographic area of application through the five years covered by the District fa- cilities work prOgram for a 5-year period. and thereafter by adding a new fifth year during the annual update. (c) As provided in 163.3180(13)(b). Florida Statues. the LOS standard set forth in this Agreement shall be applied consistently by the School Board and each of the Local Gov- ernments for purposes of implementing school concurrencv. including determining whether sufficient school capacity exists to accommodate a particular development proposal. and de- termining the financial feasibility of the District facilities work program for a 5-year period. (d) The LOS standard set forth in this Agreement shall be included in the capital improvements element of the Comprehensive Plan of each of the Local Governments. and shall be applied consistently by the School Board and tlle Local Governments district-wide to all schools of the same type. SCH 0500177 Am'd & Rest'd Intrlel Pub Seh Fae Pig AGT (VIO) Page 19 of37 (e) The LOS standard mav be amended only in accordance with the procedure set forth in subsection 11.9 of this Agreement. 11.4 School Concurrency Service Areas: fa) The initial CSA boundaries (the areas \VÎthin which an evaluation is made of whether adequate school capacity is available based on the adopted LOS standard) shall be as set forth in Appendix A to this Agreement. and shall constitute a rule of the School Board adopted in accordance with Section 120.54. Florida Statutes. (b) Future amendments to the CSAs will be accomplished bv the School Board in accordance \VÎth the amendment procedure set forth in subsection I 1.9 of this Agreement and the rulemaking process set forth in Section 120.54, Florida Statutes. Amendments to CSAs shall be established to maximize available school capacity. taking into account minimization of transportation costs. limitations on maximwn student travel times. any court-approved de- segregation plan. diversity policies, and the extent to which development approvals have been issued bv a Local Government based on the availability of school capacity in a CSA contiguous to the CSA in which the development approval was issued. Amendments to the CSAs and attendance zones shall be designed to make efficient use of new and existing pubic school facilities in accordance with the LOS standard set forth in this Agreement. (c) The CSAs shall be described geographicallv in the Comprehensive Plan of each Local Government as required bv Section 163 .3180( 13)( g)5. Florida Statues. Maps of the CSA boundaries will be included as "SUPPOlt documents" as defined in Florida Adminis- trative Code Rule 9J-5.003. (d) Also included in the Comprehensive Plan of each Local Government are the SCPAs (school capacity planning areas) established for use in coordinating land use deci- sions with school capacity planning. Although the SCP As may share certain boundaries \VÎth the CSAs. the areas are not identical. and are maintained for different purposes. The SCP A boundaries do not constitute a rule of the School Board. 11.5 Exemntions from the R.eauirements of School Concurrency: (a) Exceot as provided in paragraph (b) of this subsection 1 1.5. school concurren- cy requirements will applv to residential development or a phase of residential development requiring a subdivision. plat. or site plan aoproval. or its functional equivalent. proposed or established after the effective date of the School Concurrency Ordinance. (b) The following residential uses shall be considered exempt from the reQuire- ments of school concurrency (unless the development aoµroval for such use imposed a condi- tion requiring such use to meet school concurrency requirements): (1) Single-familv lots of record that received final plat approval prior to the effective date of the School Concurrency Ordinance: SCH 0500177 Am'd & Rest'd lntrlel Pub Seh Fae PIg AGT (Vl 0) Page 20 of37 (2) Single-familv subdivisions or plats that (i) were undergoing active re- view on the effective date of the School Concurrency Ordinance. (m had received preliminary subdivision approval prior to such date. and (iii) have had no lapse in the development approval status: (3) Multi·familv residential development that received final site plan ap- proval prior to the effective date of the School ConCUlTenCy Ordinance. and for which there has been no lapse in the development approval status: (4) Multi-family site plans that (j) were undergoing active review on the effective date of the School Concurrency Ordinance. (m had received preliminary site plan approyal llrior to such date. and om have had no lapse in the develooment ap- proval status: (5) An amendment to a residential subdivision plat or site plan that was approved prior to the effective date of the School Concurrencv Ordinance. so long as the amendment does not increase the number of students generated bv the develop- ment. (6) Age restricted developments that prohibit permanent occupancv by persons of school age. where enforceable age restrictions are recorded. irrevocable. and lawful under applicable state and federal housing statutes. (7) Group Quarters in public facilities. including residential facilities. that do not generate students. such as iails. prisons. hospitals. bed and breakfasts. motels. hotels. temporary emergency shelters for the homeless. adult halfway houses. fire- house dorms. college dormitories (exclusive of married student housing). and reli- gious non-youth facilities. (8) Developments of regional impact. as defined in Section 380.06. Flori- da Statutes. 11.6 ProcellS for Determining School Facilities Concurrenev: (a) A Local Government will grant final approval for non-exempt residential sub- divisions. plats. or site plans only after the aOlllicant has complied with the terms of the School Concurrency Ordinance. A Local Government may approve a school concurrencv application earlier in the approval process i[reQuested by the applicant. if the School Board reviews and approves the determination. allocations of capacity. and proportionate share mi- tigation commitments as provided in this Agreement. (b) Upon receiving a complete school concurrency application. the Local Gov- ernment shall transmit the applícation to the School Board for a determination of whether there is adequate school capacity. at each grade level grouP. to accommodate the proposed SCH 0500177 Am'd & Rest'd ¡ntrlel Pub Seh File PIg AGT (Vl0) Page 21 of37 development. based on the LOS standard. CSAs. and other standards set forth in this Agree- ment. ." (c) Within thirty (30) days of receiving a school concurrency application from a Local Government. the School Board will review the apolication and. following the stan- dards and procedure set forth in subsection I 1.7 of this Agreement. transmit to the Local Government a school capacity determination letter reporting: (I) Whether adequate school capacity exists at each grade level group: or (2) If adequate capacity does not exist. whether approoriate school con- currency mitigation can be accepted. and if so. acceptable options for mitigation. consistent with subsection 11.8 of this Agreement. (d) lfthe School Board determines. and the school capacity determination letter reports. that adequate capacity will not be in place or under actual construction within three (3) years after the issuance affinal subdivision. [mal plat. or final site plan approval for non- exempt residential development. and that mitigation is not an acceptable alternative. the La-- cal Government with iurisdiction will not issue a certificate of concurrency determination nor accept nor process a development application. (e) If the School Board determines. and the school capacity determination letter reports. that adequate capacity does not exist but that mitigation is an acceptable alternative. the development application will remain active pending the conclusion of the mitigation ne- gotiation described in subsection 11.8 of this Agreement. (n A Local Government shall not issue a certificate of concurrency determination for any non-exempt residential development application until receipt from the School Board of a school capacity detennination letter reporting that either: (1) Adequate school capacity is currently in place, or will be under actual construction within three (3) years after the issuance of a final subdivision. plat. or site plan approval. for each grade grOUp. without mitigation: or (2) The School Board and applicant have executed a lee:allv binding miti- gation agreement. (g) A school capacity determination letter that reports as provided in either subpa- ragraph (f)(J) or (f)(2) of this subsection 11.6 shall constitute a temporary commitment of school capacity for a period not to exceed six (6) months. or until a final development order is issued. whichever first occurs. Upon a Local Government issuing a certificate of school concurrency reservation as part ofthe final development order. the school capacity necessary to serve the development shall be considered reserved for so long as the development order remains in full force and effect in accordance with the Applicable LDRs. SCH 0500177 Am'd & Rcst'd Intrlcl Pub Sch Fac PIg AGT (VIO) Page 22 of37 (h) The Local Government shall notify the School Board within Meen (15) days of the approval or expiration of a certificate of school concurrency reservation. No further determination of school capacity availability shall be required for the non-exempt residential development before the expiration of the certificate of school concurrencv determination. (i) An applicant for development approval may challenge the denial by a Local Government of a school concurrency application in accordance with the procedure set forth in the LDRs of the Local Government with iurisdiction. In the event of such a challenge. the School Board: (1 ) Shall be an interested party: (2) May upon its own motion. and shall upon request orthe Local Gov- ernment with iurisdiction. intervene in all administrative and iudicial proceedings re- lating to such challenge: and (3) Shall defend its school capacity detenuination letter and any other School Board report. rmding. or determination at issue in such challenge. Issuance of a final development order shall be stayed during the pendency of the challenge. (i) The School Board may adopt and periodically amend a schedule of school concurrencv application and review fees to be charged to the applicant to defray the costs in- curred by the School Board in reviewing applications and related filings as provided in this Agreement. and shall provide such schedule and any amendment to the Local Governments prior to the schedule or amendment becoming etJective. The Local Government with ìuris- diction: (1 ) Shall collect from the applicant all applicable School Board applica- tion and review fees prior to transmitting an application to the School Board for re- view; and (2) Shall remit to the School Board on a monthly basis. by the 15th day of the following month. all application and review fees collected on behalf of the School Board. with the exception o[[our percent (4%) of such funds. which the LDcal Gov- ernment with iurisdiction shall retain as a fee for the administratiye expense of col- lecting and remitting the funds. 11.7 ConculTencv Determination Standards: (a) Definitions: For purposes of this subsection. the following tenus shall have the indicated meanings: (1 ) "Available school capacity" shall mean the circumstance under which there is sufficient school capacity within each grade level group. based on the SCH 0500177 Am'd & Rest'd Intrlcl Pub Sch Fac PlgAGT (VIO) Page 23 of37 adopted LOS standard. to accommodate the demand created by a proposed non- exempt residential development. (2) "Existing: school facilities" shall mean the educational facilities con- structed and operational at the time a school concurrencv application is submitted to any of the Local Governments: (3) "Planned school facilities" shall mean the educational facilities that will be in place or under actual construction within three (3) vears after the issuance of a final subdivision. plat. or site plan approval. in accordance with the currentlv adopted District facilities work program for a 5-year period. (4) "Previouslv approved development" shall mean and include the total of the following residential development existing as of the date of an application for school concurrencv (excluding age restricted developments and grOUp Quarters as de. scribed in subparalp'Bphs I I.5(b)(6) and (7) of this Agreement): (i) All single-familv lots of record (~.. all lots for which a plat has been recorded); and (ii) All multi-familv residential development for which either (A) certificates of occupancy have been issued or Œ) final site plan approval has been received and there has been no lapse in the development approval status. (5) "Reserved school caoacity" shall mean the total of(i) the temporary commitments of school capacity and (ii) the certificates of school concurrency reser- vatiOR both as issued in accordance with paragraph I 1.6(g) of this Agreement. as of the date of an application for school concurrency. (6) "School capacity" shall mean the estimated number of students that can be housed satisfactorily in an educational facility. (7) "Used school capacity" shall mean the existing student enrollment. by grade level grouP. as of the date of an application for school concurrency. (b) School Capacity Calculations: The School Board will detennine whether adequate school capacity exists for a proposed development based on the LOS standard. the CSAs. and the educational facility capacity. as follows: (1) The total school capacity shall be calculated for each CSA by grade level grouP. bv adding (i) the school capacity of all existing school facilities to (m the school capacity of all planned school facilities. (2) The available school capacity shall be calculated for each CSA. bv grade level grouP. by subtracting from the total school capacity. detennined in accor- dance with subparagraph (b)(]) of this subsection. the sum of: SCH 0500177 Am'd & Resl'd IntrlcJ Pub Scll Fac Pig AGT (Y10) Page 24 of3 7 (i) The used school capacity: (m The portion of the total school capacity that is oroiected to be used or consumed within three (3) years as a result of previously approved development: and (iii) The portion of reserved school capacity that is proiected to be used or consumed within three (3) years. (c) Concurrencv Service Areas: In determining whether there is sufficient school capacity to accommodate a proposed non-exempt residential development. the School Board will: (1) Consider whether the CSA in which the proposed development is to be located has available school capacity. calculated as provided in paragraph (b) of this subsection] ] .7. for each grade level group. (2) lithe CSA in which the proposed development is to be located does not have available schoo] capacity for any grade level group. the School Board win determine whether a contiguous CSA has available schoo] capacity for such grade level grOUP bv: (Ï) Identifying the contiguous CSA with the most available school capacity for the particular grade level group and assigning the demand from the proposed development to that CSA: and (iD Restructuring school attendance zones. or other operational components. such that the impacts of the proposed development will not cause the LOS standard in the CSA in which it is to be located to exceed the adopted LOS standard as set forth in this Agreement. (d) Temnorarv Canacity: The School Board may use relocatable classrooms to provide temporary canacity during the construction of funded educational facilities expan- sions. 11.8 School Concurrency Mitillation Alternatives: The Local Governments. in coordi- nation with the School Board. shall provide for school concurrencv mitigation alternatives that the School Board has determined will be financiallv feasible and will achieve the adopted LOS standard. consistent with the current Iv adopted District facilities work program for a 5-year period. As pro- vided in paragraph] 1.6( e) of this Agreement. if the School Board reports that mitigation may be ac- cepted to offset the impacts of a proposed non-exempt residential development. the following proce- dure shall applv: (a) The applicant for development approval shall initiate negotiations with the School Board to establish an acceptable form of mitigation. consistent with Section SCH 0500177 Am'd & Resl'd Intrlcl Pub Sch Fac Pig AGT(V10) Page 25 of37 163.3180(13)( e). Florida Statutes. the School Concurrency Ordinance. and this Agreement. by written notice to the School Board and the Local Government with iurisdiction. (b) Acceptable forms of mitigation may include: (1) The donation. construction. or funding of educational facilities or sites sufficient to offset the demand for public educational facilities to be created bv the proposed development: (2) The creation of a school mitigation bank in accordance with an agreement acceptable to the School Board providing for (í) the construction. in ac- cordance with SREF. of a public educational facility at an acceptable location. (m the conveyance of such facility to the School Board at no cost. om the grant of appropri- ate credits against the educational facilities impact fees that will be due as a result of the proposed development. and (iv) to the extent credits are insufficient to recover the reasonable cost of such faei Iity. reimbursement from future educational facilities im- pact fees received bv tbe School Board from collections within the same CSA or ad- jacent CSAs: (3) Establishment ofa charter school with educational facilities that are both (í) constructed in accordance with SREF and (m subject to enforceable assur- ances that the facility will be conveyed to the School Board at no cost if the charter school ceases operations: (4) Establishment of an educational facilities benefit dislrict. and the cor- responding construction of educational facilities that are sufficient to offset the de- mand for public educational facilities created by the proposed development. in accor- dance with Sections 1013.355 through 1013.357, Florida Statutes and other govern- ing law: and (5) At the sole discretion of the School Board. payment ofa temporary capacity charge to fund temporary educational facilities until such time as there is sufficient impact. need. and demand to iustify or substantiate. in accordance with SREF and other governing requirements, the construction ofa new educational facili- ty that is identified in the District facilities work program for a 5-year period. ( c) The proposed mitigation must be directed toward a permanent educational fa- cility capacity improvement that fi) is identified in the currentlv adopted District facilities work program for a 5-year period.. and (m satisfies the public educational facilities demands created bv the proposed development. consistent with the adopted LOS standard. (d) In accordance with Section 163.3 1 80(13)(e). Florida Statutes. the applicant's total proportionate share mitigation obligation to resolve a capacity deficiency shall be calcu- lated. for each grade level group. by multiplVÍng the number of new student stations required to serve the proposed development by the average cost per student station. The average cost per student station shall only include educational facility construction and land costs. and SCf·1 0500177 Am'd & Rest'd ¡olrlcl Pub Sch Fac PIg AGT (VlO) Page 26 of37 costs to build such facilities to emergency shelter standards. when applicable. and shall be detennined in accordance with professionallY accepted methodologies and adopted annual Iv into the District facilities work program for a 5-vear period. As provided in Section 163.318 D( 13)( e )(2). Florida Statutes. the applicant's proportionate share mitigation obligation will be credited toward any other impact fee or exaction imposed bv local ordinance for the same need. on a dollar-for-dollar basis. at fair market value. An applicant's proportionate share rnitÎlzation obligation shall be detennined as follows: (1 ) For each grade level grouP. detennine the number of students to be generated bv the proposed development by multiplying (i) the nwnber of non-exempt dwelling units (bv housing type) times (m the student generation rate (bv housing type and grade level group). The number of students generated at each grade level grouo will equal the number of student stations needed at each grade level to serve the proposed development. The student generation rate shall be detennined in accor- dance with professionally accepted methodologies and adopted annually into the Dis- trict facilities work program for a 5-vear oeriod. (2) For each grade level grouP. detennine the shortfall oLsumlus in avail- able school capacity in the CSA of the proposed development bv subtracting (I) the number of new student stations needed to accommodate the proposed development (calculated as provided in subparagraph (d)(l) oftrus subsection 11.8) from (m the available school capacity in the CSA (determined as provided in paragraph 11. 7(b) of this Agreement), A negative number will equal a shortfall. and a positive number will equal a sUIJllus. in available school capacity to serve the development. (3) ¡[the calculation undertaken as set forth in subparagraph (d)(2) of this subsection 11.8 results in a school capacity shortfall (negative number) for any grade level group. repeat the calculation to include school capacity from all contiguous CSAs bv subtracting (i) the number of new student stations needed to accommodate the proposed development (calculated as provided in subparagraph (d)(1) o[this sub- section I ] .8) from (m the total of (A) the available school capacity in the CSA ofthe proposed development plus Œ) the available school capacity in all contiguous CSAs (each detennined as provided in paragraph I I. 7 (b) of this Agreement). If this subse- quent calculation likewise results in a negative number. then proportionate share mi- tigation. detennined as provided in subparagraph (d)( 4) of this subsection] 1.8. will be required from the applicant for the proposed development. (4) When required of a proposed development proportionate share miti- gation shall be determined for each grade level group by multiplying (i) the school capacity shortfall (calculated as provided in subparagraphs (d) (3) of this subsection ] 1.8) times (in the avera¡¡:e cost per student station. (e) Subiect to the provisions of paragraph (f) of this subsection 11.8. when an ap- plicant initiates mitigation negotiations. the applicant and the School Board shall have ninety (90) days in which to agree upon an acceptable form ofrnitigation. and to execute an enfor- ceable and binding mitigation agreement setting forth the terms of the mitigation. The miti- SCH 0500177 Am'd & Resl'd lnlrlcl Pub Sch Fac Pig AGT (VIO) Page 27 of37 gation agreement shall address (i) the amount. nature. and timID!! of the donation. construc- tion. or fundin!! to be provided by the applicant. (m the amount and timing of anv impact fee credit or reimbursement that will be provided by the School Board and/or the Local Govern- ment with iurisdiction. and (iin all other matters necessary to effectuate miti¡¡:ation in accor- dance with this Agreement. (f) 111e School Board may extend the mitigation neí!otiation period for up to two (2) additional periods of not more than ninety (90) days each by written notice to the aDPli- cant and the Local Government with iurisdiction. (g) lithe applicant and the School Board execute a mitigation agreement. the School Board shall transmit to the Local Government with iurisdiction. as provided in subpa- ragraph 11.6(f)(2) of this Agreement. a school capacity detennination letter reporting such execution and including a copy of the mitigation agreement. (h) ¡fthe applicant and the School Board are unable to agree to an acceptable [onn of mitigation. the School Board will provide written notice of the impasse to the Local Government with iurisdiction and the applicant. and the Local Goyernment will not issue a certificate of schoo] concurrency detennination for the proposed development. 11.9 Amendments to Kev Concurrency Comnonents: (a) The l'rocedure set forth in paragraph (b) of this subsection 11.9 shall apply to any proposal by, or application to. a Local Government or the School Board to amend any of the following elements: (l) The LOS standard: (2) The boundaries of the CSAs: (3) The procedures for monitoring school demand and capacity as set forth in this Agreement. the School Concurrency Ordinance. or other LDRs: (4) The procedures and methodology for making concurrency determina- tions or development approvals as set forth in this Agreement. the School Concurren- cv Ordinance. or other LDRs: (5) School mitigation options and processes as set forth in this Aí!ree- ment. the School Concurrency Ordinance. or other LDRs: and (6) Those asoects of the PSFE that are common to the Comprehensive Plans of all of the Local Governments. (b) Procedure: SCH 0500177 Am'd & Resl'd ¡ntrlel Pub Seh Fae PIg AGT (V I 0) Page 28 of37 (1) For purposes ofthis subsection 11.9. (i)the party proposing orreceiv- jng: an application to amend one of the elements listed in paragraph (a). whether a Local Government or the School Board. shall be tenned the "Initiating Party." and (Ü) each party reviewing and commenting upon a proposed amendment shall be a "Re- viewing Party." (2) Before formallv considering an amendment to one of the elements listed in paragraph (a) of this subsection 11.9. and prior to submitting such amend- ment or revision to the Florida Department of Community Affairs. if required. the In- itiating Party shall transmit to each of the Reviewing Parties (j) the full text of the proposed amendment. to gether with (in a memorandum outlining and exp1ainin g the proposed amendment. including a narrative describing the pw:pose. a statement re- garding the impact on the Comprehensive Plans and other elements of school concur- rency addressed by this Agreement. and all data and analvsis supporting the proposal. (3) Within sixty (60) davs of receiving from the Initiating party a pro- posed amendment to one of the elements listed in paragraph (a) ofthis subsection 11.9. each Reviewing Party shall provide any written comment or obiection to the In- itiating Party and the other Reviewing Parties. The Reviewing Party shall indicate whether it consents to the proposed amendment or. if it does not. the reasons for withholding consent. Representatives of the parties may meet and confer prior to the Reviewing Party's submission of written comments in order to resolve any obiection to the proposed amendment. Failure ofanv partvto respond within the sixty (60) day period shall constitute consent to the proposed amendment. (4-) If a Reviewing party is unable to consent to a proposed amendment to one ofthe elements listed in paragraph (a) of this subsection 11.9. the matter will be subiect to the dispute resolution procedures described in Section 12 of this Agree- ment. (5) No proposed amendment to one ofthe elements listed in paragraph (a) ofthis subsection 11.9 will be imolemented without the consent of all of the Review- ing Parties or. where the consent of all Reviewing Parties is not obtained. unless such amendment is determined to be appropriate through the dispute resolution procedures described in Section 12 of this Agreement. (6) When a proposed amendment to one ofthe elements listed in para- graoh (a) ofthis subsection] 1.9 has received the consent of each of the Reviewing Parties. or is determined to be appropriate through dispute resolution. all parties will undertake such changes to the District facilities work proltr8IJl for a 5-vear period. the Comprehensive Plans. the School Concurrencv Ordinances. the LDRs. the CSAs. and other goveming provisions as necessary to effectuate the amendment. Section H12. Resolution of Disputes SCI- 0500 I 77 Am'd & Rcsl'd Inlrlcl Pub Sch Fac PIg AGT (V 10) Page 29 of37 If the parties to this Agreement are unable to resolve any issue in which they may be in disa- greement covered in thi s Agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes. Section 1213. Oversil!ht Process The Public School Advisory Committee established as provided in Section 6.1 shall also serve as an oversight committee to monitor implementation of this Agreement and of the school con- currency system. Committee members shall be invited to attend all meetings referenced in Section 2.2 and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee Public School Advisory Committee shall appoint a chairperson, meet at least annually, and report to participating Local Governments, the School Board, and the general public on the ef- fectiveness with which this Agreement is being implemented. Section 1314. Termination This Agreement shall remain in full force and effect so long as required in accordance with Sections 163.31777 and] 013.33, Florida Statutes, or successor provisions. Upon repeal of such re- quirement, this Agreement may be tenninated by any party by giving at least 180 days prior written notice to all other parties. Section 1415. Notices Notices required by or related to this Agreement shall be in writing and hand delivered or sent by registered or certified mail, postage prepaid, return receipt requested, and addressed to: County: County Administrator 81. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce: City Manager City of Fort Pierce P.O. Box 1480 Fort Pierce, Florida 34954-1480 Port St. Lucie: City Manager City of Port S1. Lucie 121 S.W. Port 81. Lucie Blvd. Port S1. Lucie, Florida 34986 School Board: Superintendent of Schools School Board of S1. Lucie County 4204 Okeechobee Road Fort Pierce, Florida 34947 SCB 0500 I 77 Am'd & Rcst'd Inlrlcl Pub Sch Foe Pig AGT (V 1 0) Page 30 of37 Section tS16. Amendment No amendment, modification, or waiver of this Agreement shall be valid or effective unless in writing and signed by all of the parties. Section lfi17. Complete Understandine: This Agreement contains the complete understanding of the parties regarding the subject he- reof, notwithstanding any previous written or oral understanding on such matter. That certain Inter- local Agreement dated March 12, 1991, between the School Board and Port St. Lucie, as amended by that certain Interlocal Agreement dated June 22, 2000, is hereby further amended by deleting the- refrom paragraphs 1 (a), l(b), l(c), 2(a), and 2(b); except as otherwise amended, such Interlocal Agreement shall remain in fuJl force and effect. Upon this (Amended and Restated) Agreement be- coming effective. the Prior Planning Agreement shall be deemed revoked. Section 1418. Effective Date This Agreement shall be effective upon filing a fuJly executed copy with the Clerk of the Cir- cuit Court of 81. Lucie County, Florida. IN WITNESS WHEREOF, the parties hereto have caused the execution of this (Amended and Restated) Agreement by their duly authorized officials on the dates stated below. oJ< ... ... SCH 0500177 Am'd & Resl'd 1 ntrtcl Pub Seh Fac Pig AGT (V I 0) Page 31 of37 Attest: ST. LUCIE COUNTY, FLORIDA, by its Board of County Commissioners By: JOSEPH E. SMITH Chair EDWIN M. FRY, Æ. Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of , 2008, by Joseph E. Smith, as Chair of the Board of County Commissioners for S1. Lucie County, Florida. He 0 is personally known to me, or 0 has produced as identification and 0 did 0 did not take an oath. [Notary Seal] Notary Public-State of Print Name: My commission expires: sel-! 0500177 Am'd & Resl'd Inlrlcl Pub Sch F~c Pig AGT (VI 0) Page 32 of37 Attest: CITY OF FORT PIERCE, FLORIDA, by its City Commission CASSANDRA STEELE City Clerk By: ROBERT J. BENTON, m Mayor STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of . 2008, by Robert J. Benton, III, as Mayor of the City of Fort Pierce, Florida. He 0 is personally known to me, or 0 has produced as identification and 0 did 0 did not take an oath. [Notary Seal] Notary Public-State of Print Name: My commission expires: SCH 0500177 Am'd & Rest'd Intrlcl Pub Sch Fue PIg AGT (V I 0) Page 33 of37 Attest: CITY OF PORT ST. LUCIE, FLORIDA, by its City Council KAREN A. PHILLIPS City Clerk By: PATRICIA CHRISTENSEN Mayor STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of . 2008, by Patricia Cluistensen, as Mayor of the City of Port S1. Lucie, Florida. She 0 is personally known to me, or 0 has produced as identification and 0 did 0 did not take an oath. [Notary Seal] Notary Public-State of Print Name: My commission expires: SCH 0500177 Am'd & Rest'd Intrlcl Pub Sch Fue Pig AGT (Vl0) Page 34 of37 Attest: MICHAEL 1. LANNON, Superintendent and Officio Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA By: CAROL A. HILSON Chair The foregoing instrument was acknowledged before me this _ day of , 2008, by Carol A. Hilson, as Chair of the School Board ofSt. Lucie County, Florida. She 0 is per- sonally known to me, or 0 has produced as identifi- cation and 0 did 0 did not take an oath. [Notary Seal] Notary Public-State of Print Name: My commission expires: SCH 0500177 Am'd & Resl'd Inlrlcl Pub Sch Fnc Pig AGT (V I 0) Page 35 of37 APPENDIX A Initial Concurrency Service Areas SCH 0500177 Am'd & Resl'd Intrlcl Pub Sch Pac Pig AGT (VIO) Page 36 of37 ST LUCIE COUNTY CSAA ----:"\ \ ., .\ .\ I, \ ì "' \ :\ :.\ " .. , CSAF CSAP CSAG I I I I l..~.~,___ CONSOLIDATED CONCURRENCY SERVICE AREAS .....~ -.... r1..... =.""R ..... C-tc:öAD ~~~~.\~; :nlr r5~Q SCH 0500177 Am'd & Resl'd Inlrlcl Pub Seh Fae PIg AGT (VIOl 'I , i _..J Page 37 of37 AGENDA REQUEST ITEM: IX DATE: 07/01/2008 REGULAR [X] PUBLIC HEARING TO BOARD OF COUNTY COMMISSIONERS PRESENTED BY: CONSENT [ ] ~~ carí HOléVa, Director, Human Resources SUBMITTED BY (DEPT): Human Resources SUBJECT: Request for Board approval of Phase 1, Department Consolidation/Reorganization Plan and staff reduction. BACKGROUND: Due to continuing budget constraints resulting in a hiring freeze, early retirement incentives, and a voluntary layoff, it has become necessary to streamline our operations by consolidating the functions of some departments into others, and to either eliminate or reassign the duties and responsibilities of some staff in the affected departments/divisions. GENERAL NOTES: Please see attached memo and attachment. FUNDS AVAIL Funding available through affected department's salary budgets. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval of Phase 1, Department Consolidation/Reorganization Plan and staff reduction. In addition staff recommends $500,000 be set aside to be used towards future staffing needs as well as $340,000 for the unemployment compensation fund as described in attached memo and attachme COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug as MAnderson County Administrator Coullty Attorney Oflglllatlng Dept #,¿ ~ Management & Budget (YJ~ PUlcllasillg Review and Approvals Other Other Finance (Check for Copy only, if appllcableì__ BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CAr.L HOLEV A A(;EI\DA IX TO: BOARD OF COUNTY COMMISSIONERS FRO.\1: Carl Holeva~uman Resources Director DATE: .1 uly I, 200S SUR.JF:CT: Department Consolidation/Reorganization Plan and Staff Reduction, Phase I BACKGROUND: Due to continuing budget constraints resulting in <1 hiring (ì'eeze. early retirement incentives. and a voluntary layoff it has become necessary to streamline our operations by consolidating the functions of some departments into others, and to either eliminate m reassign the duties and responsibilities of some stall in the affected dcpartments/d i visions. RECOMMENDATION; It is recommended that the follovving actions be taken in order to facilitate Phasc 1. The function of the I'mchasing!Materi<11 Center Dcpartmcnt he consolidated intll the operations of the Management & Budget Department. The position of Purchdslng Director be eliminated and the duties & responsibilities be assumed h) the Director of Management & Rudget. The records management function currently perfÖrmed under Purchasi ng he assumed by the Central Services Department. That the Cultural Affairs Department becomes a division orthe Grants/Disaster Reellvery Department anclthe position of Cultural Affairs Director bc downgraded to a manager level. pay grade 23. That the Economic Development functions be assumed hy the beonomic Development Council. The Job Growth Incentive Grant!s) (JGlCìs) will be monitored by the (irants/Disaster Recovery Department. JOSEPH E. SMITH District No.1' DOUG COWARD. DIStrict No 2 . PAULA A. LEWIS. District No.3' CHA~LES G~ANDë. DIStrict No 4 . CHRIS CRAFT. District No.5 County Ad·'Tlinisrroroí - Douglos M. Anderson 2JOO Virginia Avenue · Fort Pierce, FL J4982 . Phone (772) 462-1546 FAX (772) 462-2J61 · TDD (772) 462-1428 · Job Line (772) 462-1967· web site www.co.st-Iucie.fl.us '. Page 2. Department Consolidation/Reorganization Plan and Staff Reduction. Phasl' I The Strategic Planning/Economic Development Department as well as thc vacanl position of Strategic Planning/Economic Development Director be eliminated. The Tourism function report directly to Administration. The MSBl functions to bc rcstructured to include Public Works, and thl~ Property Appraiser. That thc South County Extension office at the Walton Road Anncx be closed. 'fhat the attached list of 12 positions be eliminatcd in accordance with the County's Staff Reduction policy effective 7/4/2008. and as approved by thc Board. Tbc annual cost savings is $708.483.45. I'llat thc following vacant positions in Growth Management be lì-ozen. Customer Services \¡¡anager. $80.102.00 and Hike/Ped Coordinator. $27.441.()() for an annual cost savings of $1 07.'14300. In addition staff rcconlmcnds $500.000 be set asidc to be used towards future statling needs as well as $340.000. for the unemploymcnt compensation fund. Respectfully Submitted, ~~ Carl Holeva Human Resourecs Director Attachment: Reduction in Staff . REDUCTION IN STAFF (LAY-OFF L1STIr-JG) Department I Position I Salary & Benefits Ai rport 1 Office Assistant (1) ~ $36,426.00 Central Services Fleet Supt. (1) $82~01-,-ºº -.-----+ Cultural Affairs Education Coordinator (1) $69,710.00 Environmental Resources Res.. Protection Coord. (1) I $75,269.00 Information Te.chnology Staff Assistant (1) ! $40,488.45 ------- I -----..- Library Assistant Director (1) - ---- $99,196.00 ..n Librarian III-Reference (1) $69,174.00 Librarian II - Adult Svcs. (1) -. $43,567.00 Public Works - Engineering Construction Insp. II (1) $70,362.00 Purchasing Records Mgmt. Specialist (1) - $41,449.00 Veterans Services Veterans Services Officer (1) , $44,461.00 - -,-. --------------- i -------=-'- Office Assi~~antJ'1l__ ....___ $36,180.00 --~.._---_.._---_._. ----_...~. -- -- - ------------------...- ---- -------'- , - ._-~-------~_.._.._----- ----!-----_._._._------~..- ._~------ TOTAL FTEs = 12 . TOTAL I $708,483.45