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HomeMy WebLinkAboutAgenda Packet 02-24-20097NTY O R t D A February 24, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 02/20/09 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND 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. 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 least forty-eight (48) hours prior to the meeting. February 24, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.ora YNWUUtIWUUNUWiUUWNUiNUNUWi1111UW W WIIt1111t11WUUWINUUUWIWWI{WI{INW{WIWUUIWiUUWfiW W{WIUiiW1IUlUNWiUUiIUWll1{Uit1UNIWW� Paula A. Lewis, Chairman District No. 3 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. S IIHHIlHlIfIIIHHUlW11Ni111NNUUNWUliN11{HNUUUWWH1111111WIWfUWU1WNItfWHiIUIIIIWWfWWN11i1H1ilUiHIIWI{IlNifiUUWWtUU1tU1f1iN11fUNIN{UUINItN I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 17, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A� r County Attorney Resolution No. 09-064 — Commending Dr. Edith Widder and Mr. Keith Paglen, from the Ocean Research and Conservation Association (ORCA), for their research and accomplishments in protecting Marine Ecosystems and the species they sustain through the development of innovative technologies and science based conservation action. Consider staff recommendation to adopt Resolution No. 09-064 as drafted. Proposed Marketing & Economic Development Partnership Plan — Grand Bahama Island presentation by Comet Creative, Inc. C. County Administrator to announce the Employee of the Year for 2008. �1u/Cod V. GENERAL PUBLIC COMMENT VI. C NSENT AGENDA' or A. WARRANTS �1` Approve war o. 21. B. COUNTY ATTORNEY Permission to File Suit(s) on Any Unpaid Impact and Utility Fees Consider staff recommendation to grant permission to allow the County Attorney to file suit(s) on any unpaid impact and utility fees. Permission to Advertise — Ordinance No. 09-007 — Chapter 7 Land Development Code — Street Trees Staff requests permission to advertise proposed Ordinance No. 09-007 for public hearings before the Local Planning Agency on March 19, 2009 and the Board of County Commissioners on April 7, 2009 and April 21, 2009 beginning at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY — CONTINUED Resolution No. 09-054 — Celebration Pointe Improvements Consider staff recommendation to approve Resolution No. 09-054. 4. 15 ft. Access and Utility Easement from La Fortuna Gardens, Inc. Taylor Dairy Road Consider staff recommendation to accept the Access and Utility Easement authorize the Chair to sign the Access and Utility Easement and direct staff to record the Access and Utility Easement in the Public Records of St. Lucie County, Florida. County Attorney's Office Reorganization The County Attorney recommends that the Board approve the proposed reorganization as set out in the attached memorandum. 6. Quitclaim Deed — Gordy Road — Resolution No. 09-060 Consider staff recommendation to accept the Quitclaim Deed from the State of Florida, Department of Transportation, Florida Turnpike Enterprise, authorize the Chair to sign Resolution No. 09-060 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 7. North Fork Greenway — Contract for Sale and Purchase — Hickory Branch Properties, Inc. — Parcel I.D. No. 2325-323-0001-000-3 Consider staff recommendation to approve the Contract for Sale and Purchase of the Hickory Branch Properties, Inc. parcel for $260,000.00, authorize the Chair to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida Request to purchase two (2) Motorola Portable Radios (Model II 800 MHZ) along with Computer Aid Interface Software and a two-year service plan Consider staff recommendation to approve two (2) radios along with the supporting software and two year service plus plan for Pretrial Officer communication and safety. Furthermore, this purchase is endorsed and supported by the Sheriff for more effective communication between the Sheriff's Deputies and the Pretrial Staff. Staff also recommends that the Board approve Budget Amendment #BA09-013 and the attached Equipment Request EQ-09-26. C. ENVIRONMENTAL RESOURCES Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 Consider staff recommendation to approve the Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 and authorize the Chair to sign the Agreement. D. GRANTS 1. Approve the Art in Public Places Annual Plan for 2008/09 as recommended by the Art in Public Places Committee. Consider staff recommendation to approve the Art in Public Places Annual Plan for 2008/09. M GRANTS - CONTINUED E. G 2. Approve allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. Consider staff recommendation approve allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. CENTRAL SERVICES First Extension to Contract C06-04-408 with Life Safety Systems, Inc. to provide fire sprinkler system inspection, testing and maintenance for County facilities. Consider staff recommendation to approve the First Extension to Contract #C06-04-108 with Life Safety Systems, Inc., to provide fire sprinkler system inspection, testing and maintenance for County facilities. This First Extension will extend the term of the contract through and including April 10, 2010. Staff further recommends the Board authorize the Chair to sign the First Extension as prepared by the County Attorney. ADMINISTRATION/TOURISM First extension and increase to contract C07-11-670 with Comet Creative, Inc. to provide advertising services for the St. Lucie County Tourism Division. Consider staff recommendation to approve a first amendment to for a one-year renewal option and increase to Contract C07-11-670 with Comet Creative, Inc. to provide advertising services for St. Lucie County Tourism. The first renewal option will extend the term of the contract through November 6, 2010 and will increase the monthly retainer of this contract from $4,167 to $8,250 beginning February 1, 2009. In addition, consider a $50,000 increase of additional monies for expanded duties under the St. Lucie County TDC/Grand Bahama Island Partnership initiative. Staff further recommends the Board authorize the Chair to sign the first amendment as prepared by the County Attorney. PUBLIC SAFETY Request to award Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81. Consider staff recommendation to award Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81 and authorize the Chair to sign. Also, approve Budget Amendment # BA09-012. 2. Request to award Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00. Consider staff recommendation to award Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00 and authorize the Chair to sign. Also, approve Budget Amendment #BA09-011. H. ADMINISTRATION/HUMAN RESOURCES Reclassification of Environmental Resources Director position from pay grade EX-1 to EX-4. Consider staff recommendation to approve the Environmental Resources Director position to be reclassified from EX-1 salary range $54,504.80 - $88,112.41 to EX-4 salary range $70,723.84 - $113,047.80 Reclass Req. # RC09-002 I. COMMUNITY SERVICES 1. FY 2008/2009 Community Services Block Grant (CSBG) Modification of Agreement with Florida Department of Community Affairs and Budget Resolution No. 09-061 to budget the additional funds. Approve the proposed Modification Agreement with the Florida Department of Community Affairs for the FY2008-2009 Community Services Block Grant and Resolution No. 09-061 to budget the funds, and authorize the Chair to sign all necessary documents. 2. Approve Resolution No. 09-045 transferring a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer. Consider staff recommendation to approve Resolution No. 09-045 to transfer a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer, authorize the Chair to sign the deed as prepared by the Property Acquisition Division, and record in the Public Records of St. Lucie, County, Florida. 3. Approval of Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. Consider staff recommendation to approve Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. 4. Approval of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. Consider staff recommendation to approve of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. 5. Approval of Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000. Consider staff recommendation approve Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000 and authorize Chair to sign necessary documents. J. MANAGEMENT AND BUDGET Request to approve Budget Resolution 09-059 to establish the budget for the grant to repair damage caused by Tropical Storm Fay. Consider staff recommendation to approve Budget Resolution 09-059 to establish the 2009 budget for the grant, and to approve using up to $1,161,414 from Emergency Reserves to match 25% of the project. K. PUBLIC WORKS 1. Verada Ditch Emergency Repair Related to Tropical Storm Fay Consider staff recommendation to approve the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Verada Ditch Emergency Repair Project. 2. Taylor Creek (Site 7) Shoreline Emergency Repair from Tropical Storm Fay damages. Consider staff recommendation to approve the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Taylor Creek Site 7 Shoreline Emergency Repair Project. PUBLIC HEARINGS VII. PUBLIC HEARINGS GROWTH MANAGEMENT I llv� Petition of Doctor Kenneth Palestrant, for a 12-month extension of the date of expiration for the Planned Non- Residential Development (PNRD) project known as Midway Road Professional Plaza located on the northeast ,5,4) corner of West Midway Road and Christensen Road, approximately 1/4 mile west of the South 25th Street and West Midway Road intersection (BCC File No. 720081501). Consider staff recommendation to adopt Resolution No. 09-005 granting a 12-month extension to the Final Planned Development Site Plan known as Midway Road Professional Plaza PNRD. END OF PUBLIC HEARINGS REGULAR AGENDA VII�. GROWTH MANAGEMENT j Request by Merigold Investments, Inc. for Road Impact Fee (RIF) Credits, as shown in the attached RIF Agreement 09-001, and Release of a Claim of Lien for PSL Permit 0630876. The total lien on the applicant's property is in the amount of $54,846 of which $47,127.40 is assessed for road impact fees. This lien was recorded based upon a failure of the applicant to pay County impact fees. Consider staff recommendation to approve the RIF Agreement 09-001 with Merigold Investments, Inc. in the amount of $2,923.00 contingent upon proof of the dedication/conveyance of 287 sq. ft. of right-of-way. Staff is only recommending that $2,923.00 of the full lien be granted satisfaction at this time as it pertains to Port St. Lucie (PSL) Permit 0630876. IX. ANNOUNCEMENTS The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on Tuesday, February 24, 2009 at 2:00 p.m. in the County Commissioners Chambers. 2. The New York Mets will kick off their Spring Training Season at Tradition Field in Port St. Lucie on Thursday, February 26, 2009 vs. the Florida Marlins at 1:10 p.m. Home games run through April 2, 2009 with games vs. the Atlanta Braves, Baltimore Orioles, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. 3. The 44th Annual St. Lucie County Fair will take place February 27, 2009 - March 8, 2009 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stiuciecountvfair.com. 4. The Board of County Commissioners will hold the Board's 2009 Strategic Planning Session on Monday, March 23, 2009 from 8:00 a.m. to 5:00 p.m. and on Tuesday, March 24, 2009 from 1:30 p.m. to 5:00 p.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. 5. Zora Fest! will be Friday, Saturday and Sunday, April 3`d, 4th and 5th at Lincoln Park Academy and other venues. Hurston scholars will be on hand to discuss her writings and her life. Niece Lucy Hurston, a professor at Manchester Community College in Connecticut, will be on hand for the festival and a Sunday brunch at the Pelican Yacht Club on April 5, 2009. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at www.stiucieco.org/culturalaffairs/index.htm. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.orcl NiiiNNiiiNiINNNNNiIiNIiNNiiiiNINNNNNN1i11NNNNNINNIIINNNNNNNNI1i111NNNNNNNi1NIN1i1N1fiiNNN1WNNNNNNNiNNINNNNiNfIiNNiNiiiliiiiiNNiiNINfWiii Chris Dzadovsky, Chairman District No. 1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 INNNigiiWii11iN11N1iNNNNNIINNNNNNN1iNNNNNNNNNNNNNNNI{NNN{NtNNNNi{W{ININNNN{NNNiNiNNNII{NNIIiNNNINNNNNNIINNNNi{itiHiININNINiNNINi I. r0�i MINUTES Y,U Approve the minutes from the February 10, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA �j A. WARRANTS I v° 6"0 Approve warrant list No. 20 and 21. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www. co. st- l u c i e. fl . u s www.stiucieco.ora IItl11YtY1111i1WiNWItiINUii11iWN111WgiBl�ilt111 IIiI11�li1tHi1W11WiiWt(ilWlil>pWIW1iWWIN1i11UNBilllllill{(iWUNlii1f1�8iHiiiiiiWiilllANili Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 MUMIilaW HUM NIIWf1WW11W�BilillUufitlrl) {NBiW®ir li gUi1111WNItiYlffl�iY11N11111N1iBUiiltiiiil�iilWG� MINUTES Approve meeting minutes from the February 10, 2009 meeting. II. GENERAL PUBLIC COMMENT IIIyjj CONSENT AGENDA 6 A. WARRANTS Approve warrant list No. 20 and 21. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 17, 2009 Convened: 6:00 p.m. Adjourned: 1:20 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director, Marie Gouin, Management and Budget Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Robin Meyer, Asst. Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 10, 2009 meeting. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the minutes of the meeting held February 10, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-029 — Proclaiming February 21, 2009 through February 28, 2009 as "Future Farmers of America (FFA) Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-029 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution No. 09-029, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 09-053 - Proclaiming February 15, 2009 through February 21, 2009 as "ENGINEER'S WEEK" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-053 as drafted. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09- 053, and; upon roll call, motion carried unanimously. C. AGRICULTURAL EXTENSION St. Lucie County Saves Week in St. Lucie County, Florida — Resolution No. 09-043 Consider staff recommendation to approve Resolution No. 09-043 — A Resolution proclaiming February 22, 2009 through March 1, 2009 as "St. Lucie County Saves Week" in St. Lucie County, Florida. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-043, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Marty Lavin, President of Marine Industries, invited the Board of an event taking place at the Harbor Town. The guest speaker will be the County Public Works Director. Mr. Brock Sharp, 239 Camino Del Rio, Port St. Lucie, Spanish Lakes Riverfront, addressed the Board and stated his objection to a 6 story building proposed adjacent to the development. He believes this storage facility will diminish the value of properties in the area. Ms. Ann Morrison, representing the Homeowners Association Riverfront Spanish Lakes, addressed the Board in opposition to the proposed storage facility and expressed her concern regarding the run off going into the St. Lucie River. They presently have a flooding problem in the area when there are major storms. She also believes the building is too large to be placed on U.S. 1. Com. Dzadovsky requested to make clear these comments were pertaining to item 7-C. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the five mile per hour current and the wooden barges in the harbor and the possible damage they could cause. Mr. Bob Schaffer, Ranger Construction and representing the Associated General Contractors of America, Inc. addressed the Board on the local preference item scheduled on the agenda and presented a letter voicing concerns from the organization. Com. Craft addressed Mr. Schaffer's comments. He stated recently they have tried to change what "local" really is not defining St. Lucie County, but the region he is speaking of. Mr. Schaffer stated the bulk of the contractor's come from 5 counties, Indian River, Okeechobee, Martin, St. Lucie and Palm Beach. Most of the contractor's used are headquartered in Palm Beach. Com. Coward expressed his concerns with the fact that the region being defined includes counties that do not include St. Lucie County on their list, for example West Palm Beach excluded St. Lucie County. He felt each county needed to treat each other equally. He is opened to working with the organization and he believes the regional idea is good but only if it is a fair one. Com. Craft stated he had discussions with the Treasure Coast Council of Local Governments and they discussed having an interlocal with the counties in the area except for West Palm. Mr. Terry Cooper, White City resident, addressed the Board regarding a prior issue he felt had not been resolved for some time. Mr. Al Becher, representative for LOCAL PBA addressed the Board wishing to withdraw the request to comment on the issue of salaries. They do not wish to address any issues since they are in an insolated period due to a present action in progress they will address the Board at a later date when the action is completed. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Dzadovsky to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 20. The Board approved Warrant List No. 20. B. COUNTY ATTORNEY Conservation Easement — Island Dunes Country Club Addition — Resolution No. 09-052 The Board approved accepting the Conservation Easement, authorized the Chair to sign Resolution No. 09-052 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. C. PUBLIC WORKS 1. Angle Road Sidewalk (Orange Avenue to Avenue Q) Project r� 02/,13/09 ,FZABWARR FUND TITLE 001 001180 001184 001188 001193 001194 001404 001436 001505 001506 101 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107205 121 140 140135 140334 140335 160 183 183001 183004 183006 185007 185010 189201 189202 216 262 310807 316 318102 401 418 451 461 471 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 07-FEB-2009 TO 13-FEB-2009 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FDCA SLC Buildings Wind Retrofit pr U.S.-Dept of Housing & Community 05 CDBG Sup Disaster Recovery INTACT Inspired Network to Achieve FDCA Emerg. Mgmt Prep & Assist FY09 Us Dept of Health Earned Income Tax Transportation Trust Fund 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 Juvenile Justice & Delinquency Prev Blakely Subdivision Fund Airport Fund FAA Security Fencing & Runway 9L/27 Const. Apron & Environmental Mitiga Parallel Runway Design-9L/27R Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY06/07 FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla My Safe Florida Home County Capital I&S Tourism Dev 4th Cent I&S Fund MLK/Dreamland Park County Capital FHWA Angle Rd Sidewalk & Signalizat Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin EXPENSES 433,274.75 5,382.00 29, 883. 60 5, 689.25 568.00 5,511.00 85,622.94 924.35 837.64 5,511.05 1, 949.84 10,147.94 9,586.13 11,525.51 7, 050.00 49, 696.41 5,272.55 2, 000.77 34,592.32 774,604.03 18,597.80 26,207.38 1, 817.00 173.57 97.24 10,180.50 95,825.86 14,998.80 5,043.47 2,391.12 1,474.59 120.00 226.12 1, 910.34 55,000.00 1,000.00 91,529.72 7, 693.75 1,202.00 654,775.43 4,464.00 70,861.83 13, 129.00 82,094.31 17,442.84 6, 411.45 26,733.08 2, 892.51 PAGE PAYROLL 3, 433.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/13/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 07-FEB-2009 TO 13-FEB-2009 FUND SUMMARY PAGE FUND TITLE 478 No Cty Util Dist -Renewal & Replace 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 630 Tax Deed Overbid Agency Fund 801 Bank Fund EXPENSES 647.13 2, 821.07 247,614.87 3, 276.44 10, 429.24 267.00 13, 411.39 61,440.46 PAYROLL 0.00 0.00 1, 633.70 0.00 0.00 0.00 0.00 0.00 GRAND TOTAL: 3,033,831.39 5,067.30 The Board approved the Sixth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers, Inc. for additional design efforts in the amount of $2,220.00 and authorized the Chair to sign. 2. Request Board approval of the First Amendment to Contract 07-03-128 (Universal Signs and Accessories) exercising the first two (2) one-year renewal options and extending the term of the contract from March 13, 2009 to March 12, 2010. The Board approved the First Amendment to Contract C07-03-128 (Universal Signs and Accessories) exercising the first two (2) one-year renewal options and extending the term of the contract from March 13, 2009 through to March 12, 2010. 3. Interlocal Agreement with the City of Port St. Lucie The Board approved the Interlocal Agreement with the City of Port St. Lucie related to the Walton Road Improvement Project (US-1 to Village Green Drive) and authorized the Chair to sign. 4. Interlocal Agreement with the City of Port St. Lucie The Hoard approved the Interlocal Agreement with the City of Port St. Lucie related to the Walton Road Widening Project (Village Green Drive to Lennard Road) and authorized the Chair to sign. 5. Walton Road Improvement Project (USI to Village Green Drive) The Board approved the Fourth Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $339,807.17 to provide additional design services for the westward extension of the Walton Road Improvement Project (US1 to Village Green Drive) and authorized the Chair to sign. 6. Walton Road Improvement Project (Village Green Drive to Lennard Road) The Board approved the Fifth Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $63,251.05 to provide additional design services to incorporate xeriscape landscaping and enhanced lighting for the Walton Road Improvement Project (Village Green Drive to Lennard Road) and authorized the Chair to sign. D. LIBRARY Award of Bid No. 09-013 The Board approved awarding Bid No. 09-013 for a Book Leasing Program to the low bidder, Baker & Taylor, Inc., and authorized the Chair to execute the Agreement prepared by the County Attorney. E. AIRPORT Change Order #2 for Dickerson Florida, Inc. for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport. The Board approved Change Order #2 for Dickerson Florida, Inc., for $28,724.00 resulting in a net increase to the original contract amount of $13,794.00 from $3,689,879.78 to $3,703,673.78, with an increase of 30 days to the contract time, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport and authorized the Chair or designee to execute the same. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT 3 Silver Oaks - The second public hearing for the consideration of draft Development Agreement DVA 09-002, between Lennar Homes, LLC and St. Lucie County. Consider staff recommendation to adopt DVA 09-002, approving the development agreement between Lennar Homes LLC and the St. Lucie County Board of County Commissioners. The Growth Management Director addressed the Board and reviews the item. The Senior Planner reviewed the changes to the development agreement as indicated Below: Page 8, Section 51 Certificate of Capacity. Identifies the estimated cost of the West Midway Road improvements between US Highway 1 and South 25"' Street and the terms for the fair share payment. Payment is to be made within 30 days of the commencement of construction to West Midway Road, but no sooner than March 1, 2012. If the payment is not made within the specified timeframes the Site Plan and Certificate of Capacity shall expire, and the agreement shall become null and void. Page 9, Section 5 A.1 MSBUs and Single Family Assessments. This section has been modified to require the developer to pay the total difference between Prima Vista Crossing's $18,000 contribution towards the single family assessment. The amount of the assessment is not included within the agreement because, if Lennard Road moves forward, the project will be re -bid. This change was requested during the first public hearing and the applicant's representative agreed to the change. Page 10, Section 5 A.2 Dedication of Right of Way. Clarifies responsibilities for the construction of a portion of Lennard Road along Silver Oaks Drive. Page 13, Section 8 A Reservation of Dedication of Land for Public Purposes. These changes were requested by the County Attorney to clarify the rights and terms related to the land dedications to St. Lucie County. Exhibit C Phasing Plan. The plan has been modified to be consistent with the phasing provisions of the project site plan. Exhibit G South Florida Water Management District Deed of Conservation Easement This exhibit has been added to identify the general form of conservation easement acceptable to the County. Exhibit H St. Lucie County Deed of Conservation Easement. This exhibit has been added to identify the general form of the proposed conservation easement acceptable to the County. In Exhibit F it includes the incorrect map and she inserted a correct map Staff has reviewed the draft agreement and determined that it provides the required provisions as set forth in Section 11.08.00 of the St. Lucie County Land Development Code to include the change of the map in exhibit F. Com. Grande addressed the fact normal PUD site plans are good for 2 years and they have the right to ask twice for a year extension. This is a request for a five year vesting of a site plan which the county can do so but are not obligated to do. If they move forward, any successor would have to fulfill the agreement. If not, there would need to be a re -submission of an application and staff would then attempt to negotiate similar conditions with the new applicant. If the Board decided not to move forward with this request, the Board would have to re -negotiate the next submission and similar conditions. Ms. Cynthia Angelos, representing the applicant, addressed the Board and stated she wished to clarify the fact that she believes there are residents who believe this is a matter of the extension of Lennard Road. She wished to clarify that it is not and also advised those present they have presented an alternate route rather than Lennard Road. Mr. Bill Holtz, area resident, addressed the Board and stated his objection to the extension. He stated it was his belief that the figures will change in 5 years and the time frame was of concern as well as the property being for sale. He believes 4 there is no intention to build. He also addressed the wetlands and the raising of elevation. He asked how the developer plans to remove the water from the site. He requested the Board deny the extension and give a new developer the opportunity to come before the Board with a new plan. Mr. Sonny Jameson, area resident, addressed the Board and stated his objection to the extension. He stated his concern was the native animals in the area and the destruction of vegetation. He stated there is no guarantee the developer will not bull doze the trees. Mr. Joel Jeffrey, Savanna Club resident addressed the Board and expressed his concern with what would happen to the natural wild life in the area. He stated there was little natural soil left and requested the Board deny this request. Mr. Greg Knott, area resident, addressed the Board regarding the culvert at the end of Tilton Road. He advised the Board the ditch needs to be maintained and asked if the culvert was the county's obligation. Mr. George Stonebreaker, Tilton Road resident, addressed the Board and asked why this request was being considered when Lennar Homes had many empty houses in the county on Glades Cut Off Road. He stated he felt Lennard Road was part of the subject. He questioned if the residents were going to pay for the MSBU, The County Engineer stated the MSBU assessments would be paid by the two developers in the area. Mr. Harvey Newman, Wynne Builders, addressed the Board and stated he had not objection to Lennar Homes building in the area. He advised the Board when Wynne Building Corporation started developing, they did not come before the Board to request any extensions and he believes this may set a precedent. He does have a concern with the drainage but believes it can be worked out. Mr. Wallace Zaeda, area resident, addressed the Board and stated he had concerns with the timing and the development of the road from Tilton Road to Prima Vista and stated they needed to be connected. He stated he would like to see the agreement state that this would be built first before the CO is given. He believes this is a safety issue. The Growth Management Director stated they would need to provide that access. Mr. Darrell Lieberman, Savanna Club resident, addressed the Board regarding maintaining the natural look of the area. He believes keeping the density low will keep the area in a natural state. Mr. Fred Roth, Engineer representing Lennar Homes, addressed the drainage issue for the project. He provided information on the fact that this area was not considered part of the flood plain. He advised the Board and those present of the permits received by the South Florida Water Management District as well as the county. Ms. Susie Caron, Indrio Road resident, addressed the Board regarding what she felt was the error in approving a development adjacent to her property. She addressed "what if's" and expressed concern with vesting titlements for 5 years. She asked the Board to think about unintended consequences and asked the Board to reject the request. Ms. Angelo made closing statements to the Board regarding the MSBU and waiting for it to be created. She provided a brief history cn what had occurred waiting for the MSBU, the permits obtained and why they came forward and requested the 5 year extension. Com. Coward addressed the bull dozing of the area and advised those present that he recalls Savanna Club being totally cleared, left without one tree and he felt bringing up this issue is disingenuous. He believes there are standards in place. The issue is, is this precedent, and is this a positive precedent? Com. Coward asked if there were specific issues related to this vicinity and this site that may warrant some flexibility in applying an extension without setting a precedent. The County Attorney stated there are several practices that may not be precedent setting due to the circumstances. The county was delayed in obtaining the necessary permits and right of way and it was a long process. The developer was not able to proceed because they did not have paved access or water and sewer and this is what the MSBU would provide if it is ever funded. Com. Grande stated the concept of a 5 year extension for a 2 year original approval is unusual and he would not want developers coming in thinking it was an entitlement. He felt if this was a non -controversial, already approved development with a positive impact on the community he would then consider a longer year extension. However, he felt this issue was beyond those items he would consider for such an extension. Com. Dzadovsky stated he concurred with the statement regarding the applicant's property rights, however he believes the precedent has been set prior because all previous approvals had expired. He stated he was not comfortable with a 5 year extension but would consider reducing the length of the extension and was looking at 2 years as a maximum. Com. Coward recommended a compromise by providing the following motion: It was moved by Com. Coward, seconded by Com. Craft to approve a 3 year extension on the developers agreement to include the added language as recommended by the County Attorney in paragraph E section 4 (landscaping) regarding the restoration of the site as well as the cost of required landscaping irrigation and required improvements as shown on the site plan, and; upon roll call, the vote was as follows: Nay: Grande, Aye's: Craft, Dzadovsky, Coward, Lewis, motion carried by a vote of 4 to 1. S. PUBLIC WORKS Sunland Gardens Phase II MSBU Second Public Hearing — Potable Water Improvements — Fort Pierce Utilities Authority. Consider staff recommendation to adopt Resolution No. 09-048 (Attachment 1) to levy a non -ad valorem special assessment on the Sunland Gardens Phase II Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize the staff to proceed with construction of the project. Mr. William Bradley, Sunland Gardens resident, addressed the Board and expressed his concern with the upfront cost of the project required by the end of March. He advised the Board his main concern was being required to sign an annexation agreement and asked the county consider building a plant for those in the unincorporated area. The Board advised Mr. Bradley that due to the fact he was in the Ft. Pierce Utility Service area the county was not permitted to provide the service. They also advised him it was the City of Ft. Pierce's policy anyone being provided this service was required to annex into the City. Mr. Mike Aleoda, Sunland Gardens resident, addressed the Board and stated he had concerns with the SHIP application where he believed he would need to deed the house over to the county. He believes the residents would not be receiving the water at a reasonable rate. Staff addressed Mr. Aleoda's concerns and advised him the cost of $628.00 included interest and was an annual cost applied to the tax roll if he did not wish to pay the amount upfront which would save him money. The SHIP program is attempting to assist the resident with the purchase of this service. Mr. Benjamin Mines Sunland Garden's resident addressed the Board in favor of the project and requested the Board proceed. Ms. Lucille Phillips, Avenue I resident addressed the Board and stated everyone cannot afford the assessment. She would like for it to be an option. Com. Craft stated he was in favor of the project however he would like to schedule a meeting or work session to explain the process to the residents in detail. He believes there is some misunderstanding regarding the assistance that is available and the financing option. Mr. Earl Phillips, area resident, addressed the Board and expressed his concern with the residents who own property that remain undeveloped and their cost for the project. Ms. Michelle Cole, Sunland Gardens resident questioned if the March 31' deadline could be extended. Staff advised the residents and the Board the deadline could be extended however this would also extend the construction timetable. Mr. Robert Wellston, area resident expressed his concern as to how long would they need to wait for the water to be available after payment was made. Staff advised Mr. Wellston of the time table and stated the water would be available within a year or so around the summer of 2010. Ms. Blundell Wilshire, Avenue K resident, addressed the Board in favor of the project and stated she was waiting anxiously for the water to be provided. Com. Dzadovsky addressed the request to extend the deadline of March 31s` and stated he was concerned with the fact the price may increase if it is delayed. He believes there are health concerns to consider. After discussion, it was moved by Com. Craft, seconded by Com. Grande to continue this item on March 3, 2009 at 6:00 p.m. or as soon thereafter as it may be heard giving time for a public meeting to be scheduled with the residents, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non — Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is from Mediterranean Avenue in the PNRD Zoning District. Staff is requesting that this petition be continued to March 3, 2009 at 6:00 p.m. or soon thereafter. It was moved by Com. Craft, seconded by Com. Grande, to continue this item on March 3, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. Petition of Abdul Raoof Shadani for an amendment to the Official Zoning Atlas to change the zoning from the RF (Religious Facility) Zoning District and the RS- 3 (Residential, Single Family — 3 du/ acre) Zoning District to the PNRD (Planned Non -Residential Development) Zoning District and for the Preliminary/Final PNRD Site Plan approval to be known as the 'Fort Pierce Mosque." The 14,412 square feet of building will consist of a sanctuary, social hall, and service area. Consider staff recommendation to adopt Draft Resolution 09-023, formerly known as 08-187, granting approval of an amendment to the Official Zoning Atlas to change the zoning from the RF (Religious Facility) Zoning District and the RS-3 (Residential, Single Family — 3 du/ acre) Zoning District to the PNRD (Planned Non -Residential Development) Zoning District and for the Preliminary/Final PNRD Site Plan approval with eighteen (18) conditions of approval. The Assistant Growth Management Director addressed the Board on this issue and advised the Board of the changes discussed with the applicant. The applicant requested condition number 6 be eliminated regarding the hours of operations. Staff recommends this condition be eliminated. Mr. Johnathan Ferguson, Ruden McCloskey attorney for the applicant, addressed the Board and the suggested changes. He stated this project meets and exceeds the Land Development Codes. They have met and agreed to all the conditions raised and addressed the drainage. The stormwater system as proposed would improve the drainage in the Longwood Estates. The Mosque is willing to try to design a system that would direct excess water from their site and excess water from Sunrise Blvd. and the cemetery to direct it south along Sunrise Blvd. to the County's Platt Creek area. Staff is requesting this be open ended. This is where they differ. The Mosque is willing to agree to the condition for a cost not to exceed $30,000. to direct the water south. The engineers feel this is doable. The Public Works Director addressed the drainage issue at the Estates of Longwood. The county is not maintaining the lake in the neighborhood but is maintaining the streets. 7 The Public Works Director stated there is a concern about permitting and he believes the county can assist with this. His concern is implementing construction of the swale. The county does not construct swales and his concern is how they are going to implement this since they do not have the funds or the staff. He stated his objection to putting a cap on the issue. Com. Craft stated he had an issue with placing the burden on the applicant over and above what they need. The Public Works Director stated they have not seen the drainage plan and they need to review it as a local government. They have submitted it to the district. Mr. Kevin Payne, President Longwood Estates presented his remarks in writing and gave a brief summary of their concerns. They believe the structure is too large for the size of the lot and not conducive to the residential area. They are not in total agreement with the one foot berm and water flow. They object to the 40 foot minarets and felt the project was not consistent with area. Mr. Joseph Patroni, Port St. Lucie resident, addressed the Board and expressed his concern with the size of the facility and he felt the mot important issue was the time of worship. Ms. Karen Pierson, Estates of Longwood resident addressed the Board regarding the prior zoning approval of this project. Her concerns are with the area drainage and sewage and believe the area cannot handle much more. She asked the Board to also consider her property rights. Mr. Ed Fry, 1816 Hazelwood Drive, area property owner directly across from the Mosque, addressed the Board with his concerns with the size of the facility and it being incompatible with the area. He requested the Board consider the potential long term impact would be. He believes this property should have remained residential. Unintelligible name, Jensen Beach resident addressed the Board with regard to the freedom of religion in our country. Mr. Danahower, area resident and former Mayor of the city of Ft. Pierce, addressed the Board in favor of the project. Mr. Argenio, area property owner addressed the Board and stated his opposition to the change in the zoning and requested the Board not approve any requested changes. Com. Dzadovsky advised those present of the alternative this applicant would have. They could build a much larger two story facility and it not come before the Board for approval but would be handled at the staff level and approved by the Director of Growth Management as minor site plan. Dr. Sharif, county resident, addressed the Board in favor of the project and their right to pray and believes they should receive a positive answer to this issue. Ms. Mary (unintelligible last name), area resident, addressed the Board and stated her main concern was the drainage and as long as there is no impact she would not be against the project. Mr. Argenio, area resident, re -addressed the Board regarding his opposition to the change in zoning and stated it his position does not have anything to do with religion. Mr. Petroni, Port St. Lucie resident, re -addressed the subject and achieving justice for Islam. QUASI JUDICIAL The Board members acknowledged speaking with the applicant and property owners. Com. Grande commented on the changes made and motioned to approve the application with the changes as recommended by the staff, seconded by Com. Craft 0 c 0 ca c E E 0 croo U U O En 3� caa ovi 3�00 � O >•�*0 O,y -5 0 0 ._ ._ 'd .c o o • •_ >CD ai _ Q CD _ �tm0M 0 ♦"� '- cii � Q Qi L �o iLa��o.n= Uo3'� mu) 'S 9 tm 0 O m u- t 0 Cr = = C� G� CM 0 .,., L.L .Q _ M L r U O m N O C N w Go O � h � '� N h •� w V cc i •� � i ca o C O L � •N N O cr N O CD ._Eno E L 'm •_ N_ m E E .N M w Q cl, 01 C a O - .c �a•-aww=a O %§ Un, �o`ao�a�oc4zo�a¢aay oo�a,E oyc�'=as0a3c�aoi o C to w 0 C 0\ = c •C er O .0 a4ft r.w +� a0i v V a= 0)z y C •4 Q 0 0 y top 'C O w w p G> a Z 0)C 44 v O o 'C Nw o 3¢ N 0 c 3 CO 0= 'aC- Q C Q 0Ct cts 0= w w •- C O C � 40, 0 •p ,y w 0 y w 191.1 �"' w C '� p 4 O a 4 y v C a C p ,� v d "'C"' C '� O p C O �wui c°�`° y o c.c (a aw o UaW a, 0 t'= 3 a.+ O M � L L Q- cQo �mm Oar > o .O G�W •O 0,0 t w 0 C C 3 0 mo o° M> O v CL p >, tea_= o� > F- J Q 3 m *a C. m t 14 O 0 y = � tQ Z=w w c=sac vvyh,o ea L � CT �o �o �0 N .E �mIIR = 0 = G 0 �', cjw Ow a }+ Co=ca E 0 �� U�moCD 4w E�yN�= N O N p �70°�N� r L w n y � � as t N Jc N F- M %ft t. w ,y M ,C co xi O ,_ a�w= ow 4)tx a wi Oar y.0 w•� O O O�� r w low Q Q mft-y. O O O O= t-a low O= - O - low as = 3 3tx O y .tz Imo C w= °="Qvoic•C�° ��a �Oo = O p 0 v y m v 'M .� �0 � V 4) � d �i�vv�Qc cy,ca� a o o - . Cd O CU 0 o z . w y d •F+ E W .s N t d u) E 0 _ c o o 0 � N�CLm Eo; Mr. Ferguson requested reviewing the conditions as recommended by staff. Com. Grande stated the recommendation by staff was not to approve the cap. Mr. Ferguson requested having the ability to discuss the conditions. Com. Dzadovsky requested the motion maker withdraw his motion so that Mr. Ferguson could discuss the recommendation concerns. At this time the motion maker and the second withdrew their motions. Mr. Ferguson addressed the staff recommended changes: Mr. Ferguson requested condition number 6 be deleted. The Board concurred on the deletion of condition number 6. Mr. Ferguson requested condition number 15 be noted so that the Director of Growth Management be given the discretion to approve the minor adjustments and if a major adjustment it come back to the Board. Mr. Ferguson requested condition 15 be deleted. The Board concurred. Mr. Ferguson alluded to the condition on the drainage and requested the cap be left in. It was moved by Com. Grande to approve the application as submitted with the recommendations made by staff with the modification to delete condition 6 and condition 15, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Local Preference Staff recommends that the Board determine how it wants to proceed. This item was pulled. Com. Coward requested the Board ratify his appointment of Scott Taylor to the Environmental Advisory Committee. It was moved by Com. Craft, seconded by Com. Grande to ratify Com. Coward's appointment, and; upon roll call, motion carried unanimously. IX. ADMINISTRATION Prioritizing the seven federal appropriation requests. 1. $3,000,000 from the FY 2010 Transportation, Housing and Urban Development Appropriations Bill, Economic Development Initiative Account (House) and from the FY 2010 Commerce, Justice, and Science Appropriations Bill, National Institute of Standards and Technology Account (Senate) to assist in the construction of the Treasure Coast Education and Research Park Alternative Energy Center. The facility will anchor the exploration and development of alternative energy using the research efforts of the University of Florida; Indian River State College; Harbor Branch Oceanographic Institute; Smithsonian Oceanographic Institute; Torrey Pines Institute for Molecular Studies; Oregon Health and Science University, Vaccine and Gene Therapy Institute (VGTI Florida); and the USDA in a collaborative partnership. The Center will include space for wet labs; incubator modules for start-up initiatives; meeting and audio- visual presentations including video-conferencing equipment; and offices for administration. The project also will require scientific, computer and audio-visual equipment, and infrastructure improvements including extension of utilities, roads, and fiber optics for internet and video. The total project cost is 9 �Ep 6ENEtP,��c 0 oy s s �f a��'�' ' SKILL AMEINTEGRITY 'P/rsppNS "Building Your Quality of Life" Florida East Coast Chapter The Associated General Contractors of America, Inc. Officers February 13, 2009 Bob Schafer President Ranger Construction Industries, Inc. Board of County Commissioners for St. Lucie County Michael Daniels 2300 Virginia Avenue Sr. Vice President Daniels Brothers, Inc. Fort Pierce, FL 34982 John Morris Vice President Community Asphalt Corp. Re: Local Preference Ordinance Greg Marion Secretary Marian construction, Inc. This letter serves to voice serious concern and opposition by the Florida East Don Sharkey Chapter of the Associated General Contractors of America (AGC) to the adoption Treasurer Current Connections, Inc. of a Local Preference Ordinance. Although we understand the Board's desire to Bill Branning assist the businesses and residents of St. Lucie County during these times of Past President BSA Corporation economic turmoil, the construction industry that provides this County's infrastructure operates regionally, not locally, throughout the Treasure Coast. Board of Directors With few exceptions, the employees that are staffing County construction pro - Dave Aiken jects are also tax -paying residents of St. Lucie County; regardless of where the CEMEX Bruce Alexander company's corporate headquarters are located. Casey Ciklin Lubitz Martens & O'Connell Michael Anderson General Contractors, which build your buildings, roads, bridges and utilities, Anderson - Moore construction Corp. operate regionally by nature due to the competitiveness of the low -bid process. Roger DeCapito Bermuda Landscape & Design, Inc. We employ local residents, utilize local materials, contribute to the local St. Steve Dewhurst Lucie County communities through charitable contributions of personal time and Dewhurst Associates, Inc. C. Ray Dorsey, III financial donations, and operate by the authority of a State issued license. Wells Fargo Insurance Services Although we are free to work without borders in the State of Florida, we can only Southeast, Inc. Craig Elmore be competitive within the region that we primarily work. Hardrives, Inc. Tino Garcia Ferreira Construction Company, Inc. Adopting a Local Preference Ordinance comes with serious consequences that the Dale Hedrick AGC believes outweigh the intended good. Competition will be adversely Hedrick Brothers Construction Co., Inc. George Hogge affected. This ordinance has the potential of limiting the number of bidders on Leighton McGinn Company projects thereby raising the cost to the County, and could force companies out of Jeff Bishop Maschmeyer Concrete Company of FL, business. This would trigger additional layoffs of County residents as an Inc. David Logan unintended consequence of the Ordinance. These companies, although not Murray Logan Construction Co., Inc. headquartered in St. Lucie County, employee County residents and pay County Marty Murphy Jr. taxes. And where does it end? Will the cities of St. Lucie County be drafting The Murphy Construction Company Robert Rawe, H similar Ordinances next? Does each entity have enough work to sustain their AutoBuilders General Contracting own small group of contractors when the adjacent counties and cities adopt simi- Services, Inc. Andrea Serraes lar protectionist Ordinances? Serraes Construction Jon Tori The Weitz Company Michelle Anaya DePotter Executive Director 2617 North Australian Avenue Telephone: (561) 833-3609 West Palm Beach, FL 33407 Fax: (561) 833-6024 www. agcf la. com Board of County Commissioners for St. Lucie County February 13, 2009 Page two AGC requests that the Board take additional time and consider other ideas before adopting either of the two Ordinances being proposed at the February 17 Board Meeting. We propose four ideas for your consideration: #1: Prequalify contractors for specific disciplines of work. Only a prequalified contractor may bid on projects and then do so in a low -bid environment. Other cities and counties have recently taken this approach. #2: Enforce the "5% Rule" as described in the current drafts of the Ordinance but only for projects of an estimated value less than $500,000. #3: Tie the "5% Rule" to a list of Stimulus -related projects only. #4: If the bid amount between the #1 and #2 bidders is greater than $50,000, the "5% Rule" does not apply and the low -bid process prevails. On behalf of AGC, we welcome the opportunity to participate in the open discussion of this critical industry issue. If there is any additional information you need from our members, please feel free to contact us at any time at (561) 833-3609. Robert Schafer Florida East Coast Chapter AGC President Michelle Anaya DePotter Florida East Coast Chapter AGC Executive Director 2617 North Australian Avenue Telephone: (561) 833-3609 West Palm Beach, FL 33407 Fax: (561) 833-6024 www.agcfla.com ESTATES OF LONGWOOD HOMEOWNERS ASSOCIATION 3715 TANAGER PLACE FORT PIERCE, FL 34982 February 17, 2009 St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Fort Pierce Mosque PNRD820071310 Commissioners: For the record, I am the president of The Estates of Longwood Homeowners Association which is a residential community of 50 homes located in the White City area of St. Lucie County. This evening, you have been given the task to make a decision on behalf of the residents of White City as to how a portion of and possibly the entire area will look for the rest of time. Since the fast public hearings on this matter in October 2008, the homeowners within the Estates of Longwood and adjoining areas have voiced our objections and concerns to the construction of a facility that will be much larger than any structure in the immediate surrounding residential area and architecturally is not consistent with any other building for miles around. Over the past five months, our Board of Directors and other residents within the Estates have met as a group to try and understand the needs of the applicant. There are a few residents of St. Lucie County who have hinted that we are being prejudicial in our thoughts and views. Nothing could be further from the truth. The people who have appeared before you, mostly residents of the general area, came to object to the size of the structure, impact on the surrounding residential properties including drainage issues, are people of integrity, -and deserve to be taken at their word. This application should not be rejected based on who makes the application nor should it be approved because the folks who apply are members of a certain group. It should be considered based on the standards of St. Lucie County which clearly includes the consideration of its impact on the existing residents of the area. The objectives of the Estates of Longwood are to preserve the natural look of our community and to preserve the value of our properties. St. Lucie County Board of County Commissioners February 17, 2009 Page Two Early on in this process, we held discussions with each one of you in an attempt to bring to your attention our concerns. We felt optimistic at the conclusion of those meetings because with perhaps one exception did you all voice the same feelings that we did. Unfortunately, during the three weeks following our meetings, the opinions of some of you changed very quickly. At the December 2nd commission meeting, there was not much concern for loss of property value, look of community, or drainage concerns. County staff was very helpful in assisting the applicant to present a wonderful picture to you. Our very capable experts have presented a vastly different presentation of facts to you presenting a totally different image of what affect your approval of this application will have. Sadly, the majority of you gave very little value to our expert's opinions on loss of value or the affect a change in drainage will have on the already existing problem of flooding in the Estates. We could only conclude that you were not open to the facts and opinions our experts put forth because perhaps they created more problems and delays for you and the applicant. In the weeks since that meeting, you could have further made inquiries of our experts subsequent to that meeting as to the relevance of their assertions. Our community requests that you do not overlook the fact that what you have before you includes a rezoning application in addition to the site plan approval. According to the 1988 Planning & Zoning Board minutes which approved sending the rezoning of the larger residential piece of property to the commission for approval, there were some interesting facts noted. First, representatives of the applicant had indicated that they were prepared to begin construction quickly on their facility. It is apparent that a speedy construction of their facility did not happen. Second, the issue of traffic control was raised in those proceedings not only by local residents but also by representatives of the White City Cemetery. Finally, the vote to send the request for rezoning only passed by a 4 to 3 vote. This was certainly not a unanimous agreement by any means. The decision to rezone this property twenty years ago was in error then and still is now. By approving this zoning change now just compounds the error. The proposed structure is not compatible with the neighborhood. As you requested, members of our board of directors and residents have met with representatives of the applicant. Our meeting and discussion was cordial. By the time we met with them, the majority of changes suggested by the County have already been put on the table. There were two primary discussion issues made at our meeting which involved the height of the two towers and the drainage of storm water off of their property. In addition, we brought two additional issues for discussion; the style and composition of the wall surrounding the facility and an offer to purchase the property from the applicant. St. Lucie County Board of County Commissioners February 17, 2009 Page Three An offer was made to purchase the property from the applicant in support of our opinion that the facility is too large for such a small piece of property in an area of primarily residential development. We felt that by offering the applicant fair value plus a reimbursement for a portion of their engineering costs, a new location for their facility could be found which would be consistent with placement of a larger religious facility that provides for a more reasonable setback from adjacent properties. In addition, by purchasing the property, we would preserve the wetlands presently located on the site and also have an opportunity to use a portion of the property to construct a playground for the growing number of young children residing in the Estates. The other offer which we brought to the discussion involved the change in the style and composition of the wall. A large number of the residents whose property is adjacent to the applicant voiced concerns and fears as to how an 8 foot concrete block wall will change the look, use, and atmosphere of their individual homes. We requested that a concrete pillar type fence/wall be used allowing for wrought iron -like extensions between each pillar. Both parties agreed that necessary landscaping would be installed that would provide for privacy and beauty. This concept seemed acceptable to the applicant as it would also be less costly than the construction of a concrete block wall. Not all residents of the Estates of Longwood are in agreement with the wrought iron fence and concrete pillars. Many residents still prefer the solid concrete block wall, primarily to block noise as the parking lot and driveway will be very close to many residents' back yards. If it is possible to do so, a mix of wrought iron fence/concrete block wall is preferred and appears to be acceptable by the applicant. There is only one issue pertaining to the wall that we are in disagreement. If the commission approves the revision to the style of the wall, the applicant is proposing a 1 foot sloping berm. According to our engineer, a 1 foot berm is unacceptable because there will not be sufficient height to store any significant amounts of storm water behind it before it begins to pour over into our community. Our engineer is of the opinion that with a 10 foot setback from the property line, the wall should easily be able to have a 2 foot sloping berm and perhaps a 3 foot berm. We realize that this must pass county code but request that the best interest of our residents be placed first and foremost. As for the other construction issues that are important to us, there does not seem to be agreement on the height of the towers or the drainage of storm water. At our meeting with the applicant, we requested that the towers be eliminated from the site plan or the height of the towers be no more than the highest point of the roof. We were told by the applicant's representatives that eliminating them is not an option. We believe that since these towers are being constructed purely for architectural purposes, there is no functional use for them. I would point out that not every church is constructed with a steeple and not every mosque has towers. St. Lucie County Board of County Commissioners February 17, 2009 Page Four If the commission approves the towers as part of the site plan, we urge you to control the height of them. According to our engineer, if the proposed facility is constructed on the site, the foundation of the structure will stand 6 feet higher than the foundation of any lot in the Estates of Longwood. Mr. Ferguson will advise you that the foundation would stand approximately 4 feet higher than any foundation in the Estates of Longwood. The importance of this issue is that if the height of the towers is approved at 40 feet, they are actually going to stand at either 46 feet or 44 feet above the ground. At our meeting, if elimination of the towers was unacceptable, we then requested that the height be reduced below 40 feet. Their answer was no. The other critical issue for the Estates of Longwood is the drainage of -the property. We have had several email discussions with Mr. Ferguson since our meeting several weeks ago. The drainage of storm water from the applicant's property will impact the Estates of Longwood. We understand that the applicant has had discussions with the County relative to the flowing of storm water along Sunrise Boulevard to the retention area at Platts Creek. I have received correspondence from Mr. Ferguson indicating that the applicant is willing to incur the cost to do so but at a cost not to exceed $30,000. I questioned Mr. Ferguson as to what the applicant will do if the cost to extend is projected to exceed this dollar amount He advised me that the applicant would abandon the extension and allow their storm water to drain down the short distance to the collection area adjacent to the Estates of Longwood. I will remind you that this area drains directly into the lake in the middle of our community. According to our engineer, this will have a severe impact on the drainage and flooding in our community. I can truthfully say to you that this can not happen and our community is prepared to legally keep this from happening. In the twenty plus years since the property was rezoned, the applicant has had many years to develop their property. The look of this area and the number of residents has increased significantly greater than the twenty-five to fifty members who will be served by the mosque. During the individual discussions I and my fellow board members have held during the past five months with our own residents and those in the surrounding area, the same comment is made. We know the applicant are men and women of goodwill and integrity, but have embarked on a project that rezones residentially zoned property to accommodate a very large structure, which inevitably impacts the surrounding residential neighborhood, destroys a wetland, has the potential to flood the abutting areas, and is just plain sited on too small a parcel of land. Why are the interests of the few being weighed heavier than those of the majority who have lived in the area far longer? Very truly yours, ESTATF,S OF LONGWOOD HOMEOWNERS ASSOCIATION Kevin M. $6,000,000. It has been recommended by Marlowe & Company that the County limit its legislative request to $3,000,000. 2. $5,000,000 form the FY 2010 Energy & Water Development Appropriations Bill, Construction General Account (House and Senate) to re -nourish a 1.3-mile section of beach immediately south of the Fort Pierce inlet. 3. $7,500,000 from the FY 2010 Transportation, Housing and Urban Development Appropriations Bill, Formula and Bus Grants Account (House and Senate) to purchase seven new buses and to construct a new intermodal facility where the County's bus fleet can be parked and maintained. 4. $500,000 from the FY 2010 Energy & Water Development Appropriations Bill, General Investigations Account (House and Senate) to continue the beach re - nourishment feasibility study of the southernmost four miles of beach, which abuts Martin County. 5. $11,000,000 from the 6-year Transportation Reauthorization Bill (House and Senate) for the widening of the Kings Highway/Orange Avenue Intersection. 6. $13,000,000 from the 6-year Transportation Reauthorization Bill (House and Senate) for the widening of Midway Road between 25`h street and the Florida Turnpike. 7. $3,800,000 from the FY 2010 Transportation, Housing and Urban Development Appropriations Bill, Grants -In -Aid Account for the rehabilitation of Runway 9/27, St. Lucie County International Airport's primary runway. Consider staff recommendation to prioritize the above seven projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. Com. Grande requested item number 3 be replaced by item 6 and the rest moved up one notch. Com. Grande, seconded by Com. Coward, to approve the above requests as amended, 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 10 River Lagoon. 5. ORCA's Kilroy monitoring system, named after the fictional World War II cartoon character that accompanied Allied forces, is the most comprehensive and affordable aquatic monitoring system that will empower governments and communities to develop and implement more informed conservation programs to address coastal water quality challenges. 6. Kilroy is slightly larger than a football and costs significantly less than other sensors, and nimbly monitors a water body's vital signs - flow, speed, direction, turbidity, temperature, salinity and the prevalence of key microorganisms, including those responsible for red tides associated with paralytic shellfish poisoning. 7. As the nation's first technology -based marine conservation organization, ORCA is dedicated to the protection and restoration of marine ecosystems and the species they sustain through the development of innovative technologies and science - based conservation action. 8. This Board believes that dedication such as that demonstrated by Dr. Edith Widder and Mr. Keith Paglen should be recognized. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby commend Dr. Edith Widder and Mr. Keith Paglen, from the Ocean Research and Conservation Association (ORCA), for their research and accomplishments in protecting Marine Ecosystems and the species they sustain through the development of innovative technologies and science based conservation action. 2. This Board believes that the application of Dr. Widdler's expertise in oceanographic research and technological innovation to reversing the worldwide trend of marine ecosystem degradation, and her dedication and devotion to that end; along with the experience in marketing power, knowledge, devotion and dedication of Mr. Keith Paglen; is sure to bring about enormous breakthroughs for not only the betterment of waterways and citizens of St. Lucie County and Florida, but has the potential to save the waterways of America and the world. PASSED AND DULY ADOPTED this 241h day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 1Ar AGENDA REOUEST ITEM NO. IV -A DATE: February 24, 2009 REGULAR [ X ] PUBLIC HEARING [ CONSENT[ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-064 - Commending Dr. Edith Widder and Mr. Keith Paglen, from the Ocean Research and Conservation Association (ORCA), for their research and accomplishments in protecting Marine Ecosystems and the species they sustain through the development of innovative technologies and science based conservation action. BACKGROUND: Commissioner Chris Dzadovsky has requested that this Board commend Dr. Edith Widder and Mr. Keith Paglen for their research and accomplishments in protecting marine ecosystems and the species they sustain through the development of innovative technologies and science based conservation action. The attached Resolution No. 09- 064 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-064 as drafted. COMMISSION ACTION: [4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: aye W. Outlaw, MPA / County Administrator Review and Approvals County Attorney: i Management & Budget Originating Dept. y Other: Finance: (Check for Copy only, if applicable)_ Purchasing Other: Eff. 5/96 RESOLUTION NO. 09-064 A RESOLUTION COMMENDING DR. EDITH WIDDER AND MR. KEITH PAGLEN, FROM THE OCEAN RESEARCH AND CONSERVATION ASSOCIATION (ORCA), FOR THEIR RESEARCH AND ACCOMPLISHMENTS IN PROTECTING MARINE ECOSYSTEMS AND THE SPECIES THEY SUSTAIN THROUGH THE DEVELOPMENT OF INNOVATIVE TECHNOLOGIES AND SCIENCE BASED CONSERVATION ACTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Dr. Edith "Edie" Widder and Mr. Keith Paglen met in 2003 when they both worked at the Harbor Branch Oceanographic Institution located in Ft. Pierce, Florida. 2. In 2005, internationally recognized deep -sea -explorer Dr. Edith Widder and corporate executive Keith Paglen founded the Ocean Research & Conservation Association (ORCA), a new scientific and conservation not -for -profit organization. 3. "The goal was to create a marine conservation organization with the scientific integrity of a research institute and the marketing power of a conservation organization" said Dr. Widder. "It makes sense that a scientist and a marketer working together could achieve great things on behalf of the ocean." 4. 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L) < z CD L- C) Ct w F- U) C/) Z E Z5 UJ a- -0 I-- -D [L a < < — U) CU m a) 0 UJ -j a_ C6 F- Ito :L' 0 U) wD L) U) UJ Z C: 0 %s? >, -0 (D < < F- w > ui 5 LL 0 F- F+yZ 0 < I u ui z < E 0 2 U- -j 0) 0 a- %2 cn z LL 0 0 LU 0 -0 F-- < a) 0 2 z 0 U) -j U) F- z E U) cn CL 0 z z cn — < CD :3 Z Lu to E c --r- U) Lu -2 0 cn j5 W > 1 5 (D �5 w 0 cl� o = C16 _r_ cu m m a) 0 -�e L.L 2 vi (D CO Z� w ti *-Z C N a) a) C� C L O O L cu rn c O Z cp Oa J W O cn _U a) _I N CO 0 a) C QO N aD m U N Q C O N U cn cn U N cn U N O Jcn � W > N Qs Q C W O 4- A^C` W C (a 0- 0 Q > O -0 U (u O � d C co 'L > O L- ; 0) cu cu C L � N Z v F— .� YO Q U 2-&- F— N Z W c ZO Q � J N E O 'Q a) Y L m 2 O Ri cn 0 N Ci a- .E .5 CU � cu U) C � N O > C: N U C O c Q m (V 02/20/09 FZABWARR FUND TITLE 001 001164 001176 001188 001194 001419 001434 001436 001501 001505 001506 101 101001 101002 101003 101004 101006 102 102001 102808 105 107 107001 107002 107003 107005 107006 107157 107204 107205 107206 130 140 140001 150 160 183 183001 183004 183006 184211 184213 185007 185009 185010 189201 189202 210 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 14-FEB-2009 TO 20-FEB-2009 FUND SUMMARY General Fund USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FDCA-Construct County EOC Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Us Dept of Health Earned Income Tax Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD-Wht City Canal Stormwater Imp 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 USDOJ Edward Byrne Mem Justice 2008 FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration FDEP S SLC Dune Restoration FHFA SHIP FY06/07 FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla My Safe Florida Home Impact Fees I&S EXPENSES 175,437.74 20,344.29 90.12 470.80 10.08 400.50 42.00 633.40 341.15 3,414.41 1,828.00 82,083.83 3,578.10 82,920.91 8,285.41 5, 413.94 6, 951.50 20,201.68 82,452.93 76,842.00 3,028.99 405,394.09 85.63 85.63 6,574.16 8, 627.75 31,828.17 2,521.52 923.24 158.85 6,447.09 161.40 3,883.80 152.62 114.99 1,327.23 6,724.75 300.00 1,123.33 15,193.59 41,452.31 249.14 16,000.00 6,352.88 16,000.00 1,029.42 58,413.99 493.09 PAGE PAYROLL 618,391.31 0.00 1,213.67 6,400.82 133.16 0.00 569.40 2,204.80 853.20 0.00 0.00 41,676.33 1,021.02 45,686.40 30, 754.72 18,839.60 0.00 84,746.97 5,437.16 0.00 0.00 145, S67.11 1, 113.60 1,113.60 0.00 0.00 8, 736.9S 0.00 1,507.10 2,076.00 0.00 2,176.18 14, 841.82 0.00 1,523.20 3,351 .26 3, 009.49 0 .00 5, 996.24 0 .00 0 .00 0.00 0 .00 1,021 .01 0 .00 6, 721 .02 0 .00 0 .00 02/20/09 FZABWARR FUND TITLE 216 250 310001 316 318 396 401 418 451 458 461 471 478 479 491 505 611 616 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 14-FEB-2009 TO 20-FEB-2009 FUND SUMMARY County Capital I&S Capital Projects I&S Impact Fees -Library County Capital County Capital -Transportation Bond Lennard Road 1 - Roadway 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 Tourist Development Trust-Adv Fund SLC-Cultural Affairs Council SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 1,202.00 669, 631.89 100.00 45,935.57 128,183.55 514.54 195,473.73 22,251.86 1,399.92 44.47 62,864.71 3,788.56 1,479.03 5,142.07 2,737.52 762,773.17 13,248.83 800.00 41,000.00 246, 650. 66 3,411,612.53 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 58,240.30 22,097.09 1,816.53 601.55 17,311.03 10,513.54 1, 442.43 934.56 34,767.20 3,889. 66 1, 905.77 0.00 0.00 0.00 1,210,202.80 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-8.1 DATE: February 24, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Permission to File Suit(s) on Any Unpaid Impact and Utility Fees BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends that the Board of County Commissioners and the District grant permission to allow the County Attorney to file suit(s) on any unpaid impact and utility fees. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 i County Attorney: 'L Z Daniel S. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator Review and Approvals Management $ Budget Purchasing: Public Works Dir: County Eng.: Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO.: 09-0130 DATE: February 3, 2009 SUBJECT: Permission to File Suit(s) on Any Unpaid Impact and Utility Fees BACKGROUND: Impact Fees St. Lucie County (the "County") has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the St. Lucie County Board of County Commissioners (the "Board") approved Ordinance No. 05-030 which provided for an alternate method for collection of impact fees for public buildings, roads and parks as a new collection interlocal agreement could not be negotiated with the City of Port St. Lucie. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Feepayer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Feepayer and the Owner. The Notice of Lien advises that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. The County may file a suit to foreclose said lien(s). The lien(s) for delinquent impact fees imposed hereunder remain liens, coequal with the liens of all state, county, district and municipal taxes and superior in dignity to all other liens and claims until paid. Utility Liens Ordinance No. 04-023 created a special water and sewer district known as the "St. Lucie County Water and Sewer District" (the "District"). The purpose of the District is to consolidate certain pre-existing County utility facilities into a single operating entity and to acquire, own, operate, lease and maintain water and sewer systems in the unincorporated area of the County. The District Charter provides that the five members of the District Commission shall be the members of the County Commission. The District has the power to levy fees for the use of the services, facilities and products of the District. The District shall have a lien on all lands and premises served by the District for all unpaid rates, fees and charges until paid, which liens shall be superior to all other liens on such lands and premises except the lien of state, county and municipal taxes and shall be on a parity with such state, county and municipal taxes. Such liens, when delinquent, may be foreclosed by the District in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. The County and the District have unpaid impact fees and utility liens. The County Attorney's office is requesting permission to file suit on any and all unpaid impact fees and utility fees that are currently unpaid or will fail to be paid in the future. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners and the District grant permission to allow the County Attorney's office to file suit(s) on any unpaid impact and utility fees. Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney KMS/caf AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI - 132 DATE: February 24, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 09-007 - Chapter 7 Land Development Code - Street Trees BACKGROUND: See CA No. 09-0142 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 09-007 for public hearings before the Local Planning Agency on March 19, 2009 and the Board of County Commissioners on April 7, 2009 and April 21, 2009 beginning at 6:00 pm or as soon thereafter as may be heard. - COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED ] OTH E R : Approved 5-0 AWaye. Outlaw, PA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: .L�flii�''i ,�rl+� [ ]Road &Bridge.: [ Barks &Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) 0 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-0142 DATE: February 24, 2009 SUBJECT: Permission to Advertise Ordinance No. 09-007 - Chapter 7 Land Development Code - Street Trees BACKGROUND: Section 7.09.00 sets out general landscaping requirements for residential and non-residential developments. This section has been consistently interpreted by Staff to require street trees in single-family subdivisions. Recently, applicants have expressed confusion about the applicability of this section to their projects. Several scrivenor's errors and some confusing language needs to be corrected to clarify the intent of this section with regard to single family subdivisions and street trees. This section also needs to change the requirement from landscaping every 15 parking spaces, to landscaping every 10 spaces, to match the previously -adopted parking ordinance (Ordinance No. 07-015). Additionally, "Public Works Director" needs to be changed to "Environmental Resources Director" to reflect who makes decisions with regard to landscaping. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 09- 007 for public hearings before the Local Planning Agency on March 19, 2009 and the Board of County Commissioners on April 7, 2009 and April 21, 2009 beginning at 6:00 pm or as soon thereafter as may be heard. Res ectfully submitted, e ther Sperrazza L ke Assistant County Att me HSL/ ORDINANCE NO. 09-007 AN ORDINANCE AMENDING CHAPTER 7 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REGULATE STREET TRESS; AMENDING SECTION 7.09.02 "APPLICABILITY" TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE-FAMILY SUBDIVISIONS; AMEDNING SECTION 7.09.03 TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE-FAMILY SUBDIVISIONS; AMENDING SECTION 7.09.04 TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE-FAMILY SUBDIVISIONS; FURTHER AMENDING SECTION 7.09.04 TO CLARIFY POLICY WITH REGARD TO STREET TREES AND LANDSCAPE BARRIERS; FURTHER AMENDING SECTION 7.09.04 TO REQUIRE LANDSCAPING EVERY TEN PARKING SPACES INSTEAD OF EVERY FIFTEEN; CHANGING PUBLIC WORKS DIRECTOR TO ENVIRONMENTAL RESOURCES DIRECTOR THROUGHOUT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16,1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 St. Lucie County Land Development Code Adopted August 1, 1990 7-1 Revised Through 05/15/04 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20,2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-011 February 6, 2007 07-017 June 5, 2007 07-032 November 6, 2007 07-054 December 11, 2007 07-055 November 20, 2007 3. On , the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 5. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 6. This Ordinance is intended to clarify existing regulations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 7.09.00 "LANDSCAPING AND SCREENING" is hereby amended to read as follows: 7.09.00 LANDSCAPING AND SCREENING St. Lucie County Land Development Code Adopted August 1, 1990 7-2 Revised Through 05/15/04 7.09.01 PURPOSE The purpose of this Section is to set forth regulations for the proper installation and maintenance of landscaping and the preservation of native vegetation that will contribute to air purification, regeneration of oxygen, absorption of water, abatement of noise, glare, heat, and control of erosion, as well as enhance the aesthetic character and value of surrounding neighborhoods and thereby promote the general welfare of the community. Such landscaping would also assist in traffic control, both vehicular and pedestrian. The provisions of the Vegetation and Preservation Section of the Land Development Code (Section 6.00.00) shall supersede the provisions of this Section to the extent of conflict. 7.09.02 APPLICABILITY The landscaping requirements of this Section shall apply to all non-residential uses, including all requested changes in use, except for those uses interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required, regardless of site plan status, and to all residential uses, including mobile home parks and subdivisions, single-family subdivisions, recreational vehicle parks, and multiple -family residential uses. Detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences must comply only with Sections 7.09.03 and 7.09.04(I) of this Code. Bona -fide agricultural uses and operations are exempt from the provisions of this Section, except for that portion of the activity involving the retail sale of materials produced on site, and as may otherwise be required by this code. 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING PLAN A landscaping plan shall be required with all building permit applications associated with any new structural construction or addition to any existing structure, except for those structures that are part of a bona -fide agricultural use or operation, except as may otherwise be specifically addressed by this Code, and that as part of that operation do not involve the retail sale of materials produced on site. St. Lucie County Land Development Code Adopted August 1, 1990 7-3 Through 05/15/04 Revised The landscape plans for all residential and non-residential uses, regardless of site plan status; mobile home parks, single-family subdivisions; recreational vehicle parks; and multiple -family residential uses shall be prepared, signed and sealed by a registered Florida Landscape Architect, or as may be permitted under Section 481.329, Florida Statutes. Landscape plans prepared for detached single-family (including individual mobile homes not located in a mobile home park), two-family, three-family residences, and bona -fide agricultural uses and operations, are exempt from the requirement for signed and sealed landscape plan, except for that portion of any bona -fide agricultural use or operation involving the retail sale of materials produced on site, and as may otherwise be required by this Code. In addition to demonstrating compliance with the other provisions of this Code, all landscaping plans must show the location of all existing and proposed utility lines and rights -of -way. The landscape plans shall indicate the relationship of the proposed landscaping to these utility lines and rights -of -way and shall demonstrate compliance with the other provisions of this Code. The landscape plan shall identity the type and quantity of all plant and tree species to be installed consistent with the provisions of this Code. Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the =�}alic T^iQ Environmental Resources Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans. B. - E. NO CHANGES 7.09.04 GENERAL LANDSCAPING REQUIREMENTS The following landscaping requirements shall apply to all non-residential and residential uses includinq but not limited to mobile home parks/subdivisions, single-family subdivisions, recreational vehicle parks, and multi -family residential uses, including all requested changes in use, except for those use interior to a common shopping center or similar multi-user St. Lucie County Land Development Code Adopted August 1, 1990 7-4 Revised Through 05/15/04 building or structure provided that no additional parking is required, regardless of whether a site plan is required or not. All development activity shall comply with the provisions of the Vegetation Protection and Preservation of the Land Development Code (6.00.00), which shall supersede the provisions of this Section to the extent of conflict. Existing vegetation may be used towards landscape requirements, in accordance with the guidelines set up in Section 7.09.03(E)(8), with approval from the -Public WQr-kr�g Environmental Resources Director. For the purposes of native tree protection, dimensional criteria in this section shall be reasonably flexible, with approval from the p }alit T^T�rkr, Environmental Resources Director. A. REQUIRED LANDSCAPING ADJACENT TO PUBLIC OR PRIVATE STREET OR ROAD RIGHTS -OF -WAY The area rer;,00„ any building, off-street- parking area er ether use area abutting a street or road right-of-way, shall be designed and landscaped as follows: 1. A strip of land at least fifteen (15) feet in depth shall be located beat,*een--t�r� abutting street or road right-of-way and any off-street parking area and shall be landscaped to include one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction thereof. In addition, the area between the right-of-way and an off-street parking, vehicular use area and/or building, shall provide a hedge, wall or other durable landscaping barrier to be placed along the interior perimeter of this required landscaped strip. 3. Landscaping shall be designed so that it will not St. Lucie County Land Development Code Adopted August 1, 1990 7-5 Revised Through 05/15/04 interfere with the function of utility easements. 4. Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the principal use, parking or other vehicular use areas. S. Noncontinuous landscaped earthen berms may be used in conjunction with the planting of a continuous hedge provided that the intent of the visual barrier created by the hedge is maintained. Maximum slope ratios for all earthen berms shall be no greater than 3:1. 6. Fences, walls or other similar barriers, whether they are constructed of opaque materials or not, may be located in any required yard, consistent with the provision for Section 8.00.00 of this Code. All required perimeter landscaping shall be located on the outside (street side) of the wall or fence. Any brick, masonry, stockade or similarly constructed wall adjacent to a public or private street right-of-way shall be designed and constructed so that the wall face facing the street or road is articulated in such manner as not to result in a continuous flat wall surface facing the street or road right-of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of-way. Pedestrian and vehicular access through any wall or fence are permitted, however the wall or fence shall be places so that adequate sight distance at any vehicular or pedestrian access is maintained. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any fence or wall consistent with the requirements of this Code. B. NO CHANGES C. PARKING AREA INTERIOR LANDSCAPING 1. Generally Surface parking and other vehicular use areas shall have at least one (1) square foot of interior landscaping for each eighteen (18) square feet or St. Lucie County Land Development Code Adopted August 1, 1990 7-6 Revised Through 05/15/04 I major fraction thereof of off-street parking and vehicular use area. Each separate landscaped area shall contain a minimum of one hundred eighty (180) square feet and shall have a minimum width of at least ten (10) feet and shall include at least one (1) shade tree with the remaining area adequately landscaped with shrubs, ground cover, or other authorized landscaping material not to exceed three (3) feet in height. Properties that are designated Industrial Extraction (IX), and Utilities (U) will be exempt from any parking area interior landscaping requirements and only need to provide interior landscaping for any required parking/access aisle areas. All other vehicular use areas are exempt from the interior landscaping requirements. 2. Vehicle Encroachments into Landscaped Areas The front of a vehicle may not encroach upon any landscaped area. Two (2) feet of the required depth of each parking space abutting on a landscaped area may be planted in extra grass or ground cover provided that a suitable motor vehicle stop is provided. 3. Terminal Landscape Islands Each row of parking stalls shall be required to end in a landscaped island which shall measure no less than ten (10) feet in width, or less than fifteen (15) feet in length. At least one tree shall be provided for each terminal island. 4. Interior Landscape Areas No more than fi�R ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for a single row of parking or four hundred square feet for a double row of parking. The number of continuous parking places and the minimum required distance may be altered to accommodate existing trees. Each interior landscaped area shall have a minimum width of ten (10) feet. One St. Lucie County Land Development Code Adopted August 1, 1990 7-7 Revised Through 05/15/04 (1) shade tree shall be provided for each interior island. 5. Curbing All terminal landscaped islands and interior landscaped areas shall be surrounded with a continuous raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 6. Median Landscaping a. A linear landscape median between two abutting rows of parking may be used to satisfy, in part, the requirements of this Section relative to interior landscaping. Terminal islands are required as described in Section 7.09.04(C)(3). b. A landscaped parking lot median must be a minimum of eight (8) feet in width and provide for the planting of at least one tree for every thirty linear feet of median length or fraction thereof. All parking lot median landscaped areas shall be protected with a continuous, raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 7. Reserved Parking Area Landscape Requirements (7.06.02 (B) (4)) Where, in the determination of the wnr-ks Environmental Resources Director, the required number of parking and loading spaces is excessive for a specific use, the owner or agent may substitute landscaping in lieu of paving provided said areas are reserved for future parking and loading should the County find those are needed, and further provided: a. The owner of the land upon which such parking is being reserved shall enter into a written agreement which shall include a schematic portrayal as to how the required parking and loading areas can be provided with the County, St. Lucie County Land Development Code Adopted August 1, 1990 7-8 Revised Through 05/15/04 to be filed with the Clerk of the Circuit Court, with enforcement running to the County ensuring that the reserved parking and loading area shall never be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are required. b. The owner of the land upon which such reserved parking and loading area is located agrees to bear the expense of recording the agreement which shall bind his heirs, successors, or assigns. C. The written agreement shall be voided by the County if the reserved parking and loading area is converted to usable parking area or if the reserved parking area is no longer required. d. No handicapped parking areas may be included within a reserved parking area. 1D.-0. NO CHANGES PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. St. Lucie County Land Development Code Adopted August 1, 1990 7-9 Revised Through 05/15/04 The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: BY: St. Lucie County Land Development Code Adopted August 1, 1990 7 - 10 Through 05/15/04 Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Revised AGENDA REQUEST CoJ!NT- x -" ITEM NO. VI - 133 DATE: February 24, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution 09-054 - Celebration Pointe Improvements BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION See CA No. 09-0150 CONCLUSION: Staff recommends approval of Resolution 09-054. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER: approved 5-0 e W. Outlaw, M A County Administrator Li i Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ yParks & Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-0150 DATE: February 24, 2009 SUBJECT: Resolution 09-054 - Celebration Pointe Improvements BACKGROUND: LoLand Asset, LLC owns certain property in the County which it planned to develop into the Celebration Pointe Subdivision. Mercedes Homes, Inc. was to be the Developer of this property. Mercedes signed a Subdivision Improvement Agreement to complete certain improvements to Celebration Pointe by June 11, 2009. To date, those improvements have not been completed and Mercedes has informed the County that LoLand will no longer allow them back onto the property to complete the improvements. LoLand signed three Road Improvements Agreements to complete improvements to Jenkins, Swain and Peterson Roads in connection with the Celebration Pointe development. Those improvements were to be completed by May 22, 2008. To date, those improvements have not been completed, as set forth in the December 4, 2007 and November 6, 2007, and January 11, 2008, letters from Craig Hauschild, Assistant County Engineer, and Natasha Taylor Saenz, Civil Engineer, attached. Mercedes provided six bonds as security for its and LoLand's Agreements. The terms of these bonds state that the bonding company must receive "a resolution from the Obligee [St. Lucie County] that the improvements have not been installed or completed" before it will "complete the improvements or pay the Obligee such amount up to the Principal amount of the bond which will allow the Obligee to complete the improvements." Staff therefore recommends that the Board find, based on the attached information from the Engineering Division, that the improvements have not been installed or completed and authorize the County Attorney to file a claim against the bonds. RECOMMENDATION/CONCLUSION: Staff recommends approval of Resolution 09-054. Respectfully submi eather Sperraiz Assistant County A RESOLUTION NO. 09-054 A RESOLUTION FINDING THAT THE REQUIRED IMPROVEMENTS TO CELEBRATION POINTE HAVE NOT BEEN INSTALLED OR COMPLETED AND AUTHORIZING THE COUNTY ATTORNEY TO FILE A CLAIM WITH THE BONDING COMPANY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. LoLand Asset, LLC (LoLand) owns certain property in the County which it planned to develop into the Celebration Pointe Subdivision. Mercedes Homes, Inc. (Mercedes) was to be the Developer of this property. 2. On November 14, 2006, Mercedes signed a Subdivision Improvement Agreement with the County to complete certain required improvements to the Celebration Pointe Subdivision (C06-11-671). The improvements were to be completed by June 11, 2009, 24 months from the date the plat was recorded. 3. Mercedes provided security for this Agreement in the form of three bonds with Bond Safeguard Insurance Company: Bond Number 5024027, in the amount of Four million eight hundred and thirty-seven thousand one hundred and nineteen dollars and six cents ($4,837,119.06) for Utility Construction; Bond Number 5024026, in the amount of Three million three hundred and sixty-six thousand one hundred and eighty-seven dollars and fifty cents ($3,366,187.50) for Street/Underground Construction; and Bond Number 5024028, in the amount of Four million two hundred and fifty-six thousand eight hundred and twenty-nine dollars and fifty cents ($4,256,829.50) for Miscellaneous. 4. To date the required improvements have not been completed, as stated in the email from Craig Hauschild dated February 12, 2009, attached, and the County has been notified by Mercedes that the owner of the property will no longer allow Mercedes access to the property to complete the improvements by June 11, 2009. 5. On May 22, 2007, LoLand, signed a Road Improvement Agreement with the County to complete certain road improvements to Jenkins Road in connection with the Celebration Pointe Subdivision (C07-05-247). The improvements were to be completed by May 22, 2008. 6. Mercedes provided security for this Agreement in the form of Bond Number 5026726 with Bond Safeguard Insurance Company in the amount of seven hundred and thirty five thousand thirty dollars and forty-two cents ($735,030.42). 7. To date, these improvements have not been completed. As set forth in the December 4, 2007, letter from Craig Hauschild, Assistant County Engineer, attached, the pipe that was laid is not true to alignment and shows signs of settlement, the pipe's lengths and elevations deviate from the plans, there is erosion around the headwalls, unimproved driveways, the signs and striping was not installed or was not installed correctly, the rights - of -way were not properly sodded, and the as-builts were not furnished. Additionally, asset forth in the December 16, 2008, email from Craig Hauschild, attached, a crack has formed along the entire vertical face of the wall bisecting the side drain, water is seeping out of a wall crack at the southeast wing of the culvert, erosion is still occuring at the southeast mitered end section and the southwest wing wall, seepage appears to be occurring under a protruding pipe at the southwest wing wall, and the pipe at the northwest wing wall appears to have been damaged during construction/replacement activities. 8. On May 22, 2007, LoLand signed a Road Improvement Agreement with the County to complete certain improvements to Swain Road in connection with the Celebration Pointe Subdivision (C07-05-246). The improvements were to be completed by May 22, 2008. 9. Mercedes provided security for this Agreement in the form of Bond Number 5026728 with Bond Safeguard Insurance Company in the amount of four hundred and sixty- five thousand two hundred and seventy-seven dollars and seventy-one cents ($465,277.71). 10. To date, these improvements have not been completed. As set forth in the November 6, 2007, letter from Craig Hauschild, Assistant County Engineer, attached, there are inconsistencies in the construction that require corrective work to be performed on the Project including cracked sidewalks, rights -of -way that have not been sodded, the improvements to Swain Road are not protected from the surrounding construction, erosion control measures need to be removed and others need to be established, structures are incomplete, pavement striping and signage is not installed and the Project is overgrown with weeds due to a lack of maintenance. 11. On May 22, 2007, LoLand signed a Road Improvement Agreement with the County to complete certain road improvements to Peterson Road in connection with the Celebration Pointe Subdivision (C07-05-248). The improvements were to be completed by May 22, 2008. 12. Mercedes provided security for this Agreement in the form of Bond Number 5026727 with Bond Safeguard Insurance Company in the amount of five hundred and twenty- one thousand three -hundred and seven dollars and eighty-three cents ($521,307.83). 13. To date, these improvements have not been completed, as set forth in the January 11, 2008, letter from Natasha Taylor Saenz, Civil Engineer, attached, there are inconsistencies in the Certification Letter and in the construction similar to that encountered with Jenkins Road and Swain Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby find that the improvements to the Celebration Pointe Subdivision, Jenkins Road, Peterson Road and Swain Road, as required by Subdivision Improvement Agreement C06-11-671 and Road Improvement Agreements C07-05-247, C07-05-248 and C07-05-246, have not been installed or completed. 2. This Board authorizes the County Attorney to file a claim with Bond Safeguard Insurance Company against Bond Numbers 5024027, 5024026, 5024028, 5026726, 5026727, and 5026728. PASSED AND DULY ADOPTED this 24th day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY N-Ir. Steven M. Pawlyk, P.E. November 6, 2007 Bowyer -Singleton & Associates, Inc. 901 Northpoint Parkway, Suite 204 Rest Palm Beach, FL. 32407 Reference: Right -of -Way Permit No. 06-181 Swain Road Roadway Improvements Notice of Incomplete Work Dear T'v1r. Pawlyk: St. Lucie County has completed a review of the Certification Package for the above referenced project. I regret to inform you that we have found inconsistencies in the construction that require corrective actions prior to the recommendation of acceptance. Cracked sidewalk has been encountered. Sidewalk in some areas has not been completed. The right-of-way has not been sodded. The improvements to Swain Road are not protected from the surrounding construction. Some erosion control measures need to be removed while others, protecting the improvements from the adjacent construction, need to be established. Structures 121A, 170A, and 183A are shown incomplete. Structures 159 and 185 need to be completed. Pavement striping and sianage has not been installed. The project is overarovvn with weeds. Please review the work in its entirety. All improvements must be completed in accordance with FDOT and St. Lucie County Standards prior to the submittal of a Certification Package. Attached please find photographs depicting incomplete work as well as unacceptable work. Our findings are not to be considered all-inclusive. You need to make an independent review and advise us as to the corrective actions to be taken. As always, any work performed with the rights -of -way needs to be approved and requires 24-hour notification. If there are any questions, please feel free to contact me at (772) 462-1712. Sincerely, Craig A. Hauschild, P.E. Assistant County Engineer Attachment. t'horugapi-Ls ee: Don West. 1'.E. - Public %% ors Dirc4w., Dcmaid Pauley - Rued & Brdge Manager Michael Po%4ley. P.E. - Counr, Engineer Ann Amandro - Trafttic Operations Super\'uur Ron I larris, PLS - Count% Sun e}'or Gerr} Ro<,.ers - Traffic Operations Technician Natasha Tavlor-Saenz - Civil Engineer Fife �C h :ra,h �:r,.i Ct,vCC4A. C,ri_t • P _LC ai=hA?.ir_ rr«. r=, c » qj A` C�,s�-y A :min . c• LC \', An ..';rn 2.00 Virginio Avenue - Fr Fierce. FL "1-982 P= folic WJ Rs: (772462-14,35 - FAX Q712; u02-23b' of db? ' 7C; F,aX 4 `-2 of ..t Rccd v Right -of -Way Permit No. 06-181 November 6, 2006 Roadway Improvements for Swain Road Celebration Point Subdivision Sidewalk has not been completed. Inlet appears to be settling or incorrectly installed. Filter fabric has not been removed. Sidewalk nonexistent. Weeds covering cracked sidewalk. Inlet still under construction after receipt of Certification Package. Right-of-way has not been sodded. Weeds covering stretches of sidewalk. Additionally, improvements not protected from construction traffic or offsite erosion. Right -of -Way Permit No. 06-181 Roadway Improvements for Swain Road w i t ' r s� :. �1, ,i •ter � x � Signage and pavement markings have not been established. Stop Signs, Speed Limit Signs, Stop Bars, etc. need to be installed. Existing drainage does not appear to be maintained. Header curbs to protect the edges of pavement have not been installed. November 6, 2006 Celebration Point Subdivision I Sidewalk terminates into a drainage ditch without warning. Discharge from Structure 183A not shown on Record Drawings. Improvements need to be protected from construction traffic and the tracking of soil. Construction debris left on -site. Rusty nails Damaged pavement. shown in bottom right on sidewalk. BOARD OF COUNTY COMMISSIONERS December 4. 2-007 iMr. . Steven �M. pav lyk. PI: UowNer-Sin�lctun c .\sat�ciate. [tic. 90 Ncrthpuint Park«ay. Suit: 204 West Palrn Reach. Fl_. O2407 Reference: Right -of -Way Perm ii tip. 06-14 Jenkins Road Road -way lmprovemunis - Cclichr boil _Voint Notice of Rejected Work Dear iw''fr. palvlvk. PUBLIC WORKS D PARIN1r_ Sc, Locic County has compicted a revle4v of the CCrlifAC1110n Package for the "Oerenced proleci 1 regret to inform you that we have found inconsistencies in the construction that require corrective aclit7n� prier to the recommrndalion of acceptance. Pipe laid is not true to alignment and .` or ;hc�t>.s suns Of settlement. Pipi Ieng�ths and elevations deviate from plans. The fact of the headwall contains forei_n material. Frosion around headwalls has been observed. Unimproved Driveways within the limits of construction have not beer, improved. Proper signing and striping has not been installed or has been installed incorrectly. Required striping for crosswalks and islands has not been bistalled_ The Kccp Right signs require object marker sis-ns belov.- them and the Stop signs need to be meet Coutm requirements and be installed correctly. As -built information for the structures and pipes discharging into retention ponds h.as not been provided. AH disturbed areas v,-ithin the need to be studded. Please review the work in its entirety. All improvements must be completed iri accordance with FD O C and St. Lucie County Standards prier to the submittal of a Certification Package.. Attached please find photographs depicting incomplete work- as well as unacceptable work, Our findings are not u} bt considered all-inclusive. You need to make an independent review and advise us as to the corrective aitiotts to he taken. As alp xvs. any work performed with the rights -of -way needs to be approved and rc:qu.ires 24-hournotifcatio«. - If there: arc any gttcstinns. pler;sc tecl tree to contact me at (772) +b21.1 r try. Sincerety, 'rain A. xau child. P.E. stant County F n,inQcr tit wt2`�i :'��ctilc�. 1'.E:. luaniti' E:r__'n��r ar1,11 Saco: Cj% 1 i;n ;fl�cr :.1t 4,atit i'uitiC'\ - t�1.t1i: � br Up;C :4,.1 �. 14;CC Anr;\mar.dr+'+- i:1t'ti; ()r; zticmc5�;r;�i...r l icC:l kQC.eYS f ra.T:.7 Ur.i,r;, l ii an.> I-cei, nic:at: PIZ PAL- . 1'n=!!_`i�=t_ ,1._r;�t•_t _,?- 'l) E.•'1.-I,ti'����� • v ._,_ C''�:: ,.i a.,.. _ (' - 4'��.. FG,. ..Jt �.t•a Right -of -Way Permit No. 06-141 Roadway Improvements for Jenkins Road F December 4, 2007 Celebration Point Subdivision q i 116 XfAll U. Pipe damaged and shows signs of Pipe laid is not true to alignment and / or shows settlement. signs of settlement. Exposed steel / ties observed. 77 Side drains were to extend 12 inches beyond Face of wall contains foreign material. face of wall. Mitered end section almost perpendicular to Erosion around the headwall has been roadway. Structure needed to redirect pipe. observed. Invert set higher than swale bottom. Page 2 of 3 Right -of -Way Permit No. 06-141 Roadway Improvements for Jenkins Road December 4,'1007 Celebration Point Subdivision ' - e F z �..d f. Face of headwall has been damaged. J All exposed edges and corners are to be chamfered 1/4 inches. Gore striping extends into intersection. Unimproved driveways within the limits of Crosswalk and islands have not been striped. construction need to be improved. Remove filter fabric and debris from inlets / Utility poles and lines need to be relocated to structures. Provide as -built information for back of right-of-way. Fire hydrant location structures and pipes. questionable. Provide acceptance SLCFD letter. Page 3 of 3 BOARD OF COUNTY COMMISSIONERS January 11. 200 8 Mr. Steven Pawlyk, P.E. Bowyer -Singleton & Associates, Incorporated 901 North point Parkway, suite 204 West Palm Beach, FL 33407 PUBLIC WORKS DEPARTMENT Reference: Right -of -Way Permit No. 07-027 Road and Drainage Improvement on Peterson Road at Celebration Pointe Notice of Deficiencies Dear Mr. Pawlyk: St. Lucie County has reviewed the Certification Package for the above referenced project. Regrettably, we have . found inconsistencies in the Certification Letter and in the construction similar to those encountered in the Jenkins Road and Swain Road certification packages you submitted. These deficiencies need to be corrected prior to the recommendation of acceptance. All inconsistencies with FDOT and St. Lucie County Standards need to be corrected prior to acceptance of the project by St. Lucie County. Please review the wort: and advise us as to the corrective actions to be taken. As always, any work performed with the rights -of - way needs to be approved and requires 24-hour notification. If there are any questions, please feel free to contact me at (772) 462-2098. Sin ly, 7 tas is Taylor S Givil Enginee cc: Don West, P.E. - Public Works Director Donald l'auley — Road & Bridge Manager Michael Powlev, P.E. - County Engineer Ann Amandro —Traffic Operations Supervisor Ron Harris. PLS — County Surveyor Germ Rogers — Truftic Operations Technician Craig Flauschiid, P.C. — Assistant County Engineer Pile iO5EPH E. SMITH, District No. 1 • DOUG COWARD, Disifla N CPAULAnisAtt LEWI .District MNo. 3 -sC ARLES GRANDE, District No. 4 • CHRIS CRAFT. District No. 5 ounty 2300 Virginia Avenue • Fr. Pierce, FL 34982 Public Works: (772) 462-1485 • FAX (772) 462-2362 FAX 462 2�68 Division of Engineering: (772) 462-1707 FAX 462-2362 • Division of Rood & Badge: (772) 462-2511 www.co.st-lucie.fW5 Heather Lueke From: Craig Hauschild Sent: Thursday, February 12, 2009 1:25 PM To: Heather Lueke Subject: FW: Celebration Pointe - Improvements to Jenkins Road at NSLRWCD Canal 36 Attachments: 2008-12-16 Jenkins Road - Celebration Point - Cracked Wall .... pdf Do you have this information regarding the culvert crossing of Jenkins Road for the Celebration Pointe Subdivision? From: Craig Hauschild Sent: Tuesday, December 16, 2008 10:38 AM To: 'Dan Roberts' Subject: Celebration Pointe - Improvements to Jenkins Road at NSLRWCD Canal 36 Mr. Roberts: The Contractor may have adversely affected the improvements within the Jenkins Road rights -of -way for the Celebration Point development while addressing previously noted deficiencies. The following photographs shown new and ongoing problems with the construction that need to be addressed prior to acceptance. i Photo No. 1 A — Looking at the southeast wing wall. A crack has formed along the entire vertical face of the wall bisecting the side drain. Photo No. 2 — Looking north at the southeast mitered end section, where erosion is still occurring. Photo No. 1B — Looking at the southeast wing wall crack shown here bottom right. Water appears to be seeping out of the crack at this elevation. Photo No. 3 — Looking north at erosion now occurring adjacent to the southwest wing wall. Erosion needs to be corrected and area needs to be graded to drain to the ditch bottom inlet. 1 Photo No. 4 — Looking south at the 24" RCP side drain, which protrudes through the southwest wing wall. Seepage appears to be occurring under the protruding pipe. Photo No. 5 — Looking into the 24" RCP side drain within the northwest wing wall. The pipe appears to have been damaged during construction / replacement activities. �. u1 tea, Heather Lueke From: Craig Hauschild Sent: Thursday, February 12, 2009 2:32 PM To: Heather Lueke Cc: Ron Harris; Michael Powley Subject: RE: Celebration Pointe Heather, No, we have not received any documentation from the Developer and / owner regarding the internal improvements at Celebration Pointe. Craig Ext. 1712 From: Heather Lueke Sent: Thursday, February 12, 2009 1:25 PM To: Craig Hauschild Subject: Celebration Pointe Craig, Have we received anything from the developer and/or owner regarding the internal improvements at Celebration Pointe (those required by the Subdivision Improvement Agreement)? Thanks, Heather o4eathet &pettazzawWe, eq. aqee6tant Ifount,q Oqttozne� 2300 Crttglnla O' Evenue Cft. CFle-tce, d�f 34982 (772) 462-7447 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-4 DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: 15 ft. Access and Utility Easement from La Fortuna Gardens, Inc. Taylor Dairy Road BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION See Attached Memorandum N/A N/A RECOMMENDATION: Staff recommends that the Board accept the Access and Utility Easement, authorize the Chair to sign the Access and Utility Easement and direct staff to record the Access and Utility Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: pc] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: _,a - Daniel McIntyre [x] Originating Dept:ti� JoAnn Riley Review and Approvals [ ] Road and Bridge: [ 1 Engineering: CONCURRENCE: Faye W. Outlaw, M A County Administrator [ ] Public Works: [x] Utilities: ' Laurie Case PRO PERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 24, 2009 SUBJECT: 15 ft. Access and Utility Easement from La Fortuna Gardens, Inc. Taylor Dairy Road BACKGROUND: St. Lucie County Utilities has requested a 15 ft. Access and Utility Easement from La Fortuna Gardens, Inc. to place a force main along their property on Taylor Dairy Road. This Easement will allow a 12-inch force main to be constructed from St. Lucie Boulevard South to Angle Road, within the Fort Pierce Utilities Authority service area. The force main will transport wastewater from the Airport West Commerce Park to the Fort Pierce Utilities Authority system. Upon completion, the force main and the Easement will be turned over to the Fort Pierce Utilities Authority for ownership, operations and maintenance. RECOMMENDATION: Staff recommends that the Board accept the Access and Utility Easement, authorize the Chair to sign the Access and Utility Easement and direct staff to record the Access and Utility Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, JaAnn Riley Property Acquisition Manager o o i 91- wi�, OL f i � 9L9f_I'I}IHfS �'� E jl Y..\. Imo' If ' ('INJ.P'1I E; 17a I,� t MS 12 inch Force Main - Taylor Dairy Rd W* January 2009 15' Utility Easement Airport West z � Y W Z Commerce Z Park g W o a 0 MELISSA LN DEANNA LN AMY LN IMMOKOLEE RD ST LUCIE BLVD 0 w 0 La Fortuna z CENTER RD W Gardens L20 YVONNE DR c.> AVIENDA AVE U W Shelby o JUANITAAVE i�omes W 0 O Y V t% � � Ln z z GRADY DR ANGLE RD Y Uj = LO e-, This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft, Pierce, FL 34982 PROJECT NAME: Taylor Dairy Rd Utility Easement TAX ID No. 1336-130-0000-000/5 & 1336-120-0000-000/4 ACCESS AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, LA FORTUNA GARDENS, INC, a Florida Corporation , "GRANTORS", whose mailing address is 20325 NE 15th Court, Miami, FL 33179, for and in consideration of the sum of One Dollars ($1.00), to them in hand paid the receipt of which is hereby acknowledged, does hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, "GRANTEE", whose mailing address is 2300 Virginia Avenue, Ft. Pierce, FL 34982, for the use and benefit of the general public the privilege and easement for the installation, maintenance, operation, repair, replacement, or renewal of a utility facilities in, under, upon, along, over, and across the following described land in St. Lucie County, Florida, to -wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigned forever. Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. If at a future date GRANTEE determines to give incentives for the use of the property for the access/utility easement GRANTOR and or it's successors and assigns of the property will be included in the incentives. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this day of iC"`'\__,2009. LA FORTUNA GARDENS, INC. a Florida Corpyratior� By: Print Name: tnA,kviy-Cl f�1Gs'ci��l STATE OF c�c COUNTY of I HEREBY CERTIFY, that on this day, before,me, an officer duly authorized to take acknowledgments, personally appeared Lou a-S gof LA FORTUNA GARDENS, INC., a Florida Corporation, on behalf of the corporation, to me known to be the person(s) described in and who executed the foregoing Access and Utility Easement that ' acknowledged before me that ' Iho - executed the some. I relied upon the following . form(s) of identification of the above named person(s) (` i0 C -�") ��? ��7� , an oath (was / was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this day of OM E" 2009. ,o"'y... I%, Brian Hausfeld z' _COMMISSION#DD776734 (SEAL) `..... c IXPIRES:APR.07, 2012 o,, of F• �,, �������� WWW.AARDNNOTARCcom Notary ublic' Printed Name of Notary Pu li My Commission Expires: - I 7/ EXECUTED this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: DEPUTY CLERK COUNTY ATTORNEY Sketch of Legal Description for a 15' Utility Easeinetnt on the Lafortuna Gardens Property along Taylor Dairy .Road St. Lucie County, Florida Sheet I of 3 Not Valid Without All Sheets SURVEYORS NOTES 1) T7-1E BEARING BASIS IS n-IE 114 SE077ON LINE OF SEC77014 36 AS DEPICTED ON THIS SKETCH. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPT70N TO WHICH I T IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESES 01HERWISE NOTED, 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTN BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61617-5, FLORIDA ADMINISTATTVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND RA RIGHT --OF— WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER d DEL TA N NOR TH S SOUTH E EAST W WEST LEGAL DESCRIP77ON A PARCEL OF LAND LYING IN THE NORTHEAST 114 OF SECTION 36, TOWNHSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE EAST 15.00 FEET OF THE WEST 263,00 FEET OF THE NORTHEAST 114 OF SAID SEC77ON 36 LYING NORTH OF THE NORTH RIGHT—OF—WAY LINE OF THE FORT PIERCE FARMS WATER MANAGEMENT DISTRICT CANAL # I AND LYING SOUTH OF THE SOUTH RICYT--OF—WAY LINE OF ST LUCIE BOULEVARD (S-608) CONTAINYNG O. B5 ACRES MORE OR LESS. ;s is NOT a S'oondor !Drawn by: Checked by! File name Date Scale Drawing Name n^ i at ! r^ _ =20V` i 6069EAJ i �JU nHI 1 i 60u9.tAS �IvsiGo � ij' � rE vJu IMsfeller, Jfaler, ,Reed cP Taylor, Inn. _ PROFESSI ,4W SURY,BYORSAIV,D,'WAiFP.LRS / N LOAD SVRPEYEV67ffUS,NESS 4W'W 1655 27th Street, Suite 2 Phone: (772) 564-8050 Vero Beoch, Florido 32960 Fox, (772) 794-0647 NOT VALID MTHOUr WE- 510^NA77JR'E AND I71E ORQNAL R JEED SEAL OF A FLORIOA. rLICESURVEYOR AND. MAPPER. f DAND TAYLOR P.LS. 43 MA TCHL1Nc SEE SHEET 2 � I_w ' 120' 128' IQ�Z 1C) III QJ ���� ! II Ig p > Q �4�1 o I 11 �^� U .r �j oQ) III 4 p Q NE 714 SECTION � O (I I I 11 36-34-39 a m LAFORTUNA GARDENS, LLC N �I III a O J� I Q II it �o � ire �IlI a O N 0..E ca 15 PROPOSED 0 0 77LI TY EASEMENT' 263' 10 0 I oI l NORTH RIGHT OF —WAY LINE I FT. PIERCE FARMS WATER MANAGEMENT DISTRICT CANAL #1 FT. PIERCE FARMS WATER MANAGEMENT IDISTRICT CANAL fi Sketch of Legal Description — �—' jTor a l�5 l�tilcty 9asement on the Lafortuna Gardens Property St Lucie County, Florida Sheer 3 nf3 Naf Valid Rrvhauf.fll Sheefc SKETCH OF LE AL DESCRIPTION Drawn by: Ehecked by File name Oafe Scafe Drawing Name 'This is NOT a Boundory Suave L1u � rcki �i � bVby,LA]L Sili5lUi3 ifaSleller,1Yloler, ,Reed Taylor, Inc. NOTOoRIGIN L1CFt PROFESSIOJY�L SIIRYBPORS,-1N17 JIf1PPER5 / L tVDSVRVEYEVGBUSLYESS#46d4 7655 27th Street, Suite 2 Vero Beach, Rorido 32960 Phone: (772) 564-8050 Fox: (772) 794—D647 ' 7j-!c S16WATURE AND THE D SEAL OF�-A FLORIDA ?V YOR R1JD PAPPFQ.l } I � I -------_ ------_—_--—34-39 25 -CTIO ST LUCIE BLVD. (S SN —_— _W -608) FT7- SOU7}-I RIGHT-OF-WAY LINE 125' Lull I 1 -1, 120' I oIl I U� W � L I I 1 75' PROPOSED s IIc I I I UTILITY N I Ifj I I cn EASEMENT � I W O C} I :Z OJCL I p I I Q I I I I p N NE 114 34E39IJ O 3 ~ I � I � z LAFORTUNA GARDENS, LLC a cS Q m I263' 3 120' Sketch of Legal Description for a 15' Utility Easernent on the La Gardens Property St Lucie County, Florida Sheef1 of L_ 1 Not validWiLhoutAll Sheen: MA TCHLINE SEE SHEET 3 SKETCH OF LEGAL ULSGHIP110 "This ;$ ^:Gr o 3cand ry Serve Drawn by:Checked byl File name ! Date ! Scale Drawing Name CJG a RR: DM? ; 606;.EnSE 5; "Sr03 y' "' ; 69E ASE.0W-5 lYlasteller, Toler, Road& Taylor Ac. PROF,B,S.S70N,,f1 SURYEFORS,4" MPPERS AZ'OD SCRY,E'nyaffC/SnTSS#4d44 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 NOT VAUD W!-TNOUT .71'E. SIGNATURE AND 1HE ORIGINAL P.AISED SEAL OF 'A- FLORIDA LJCENSE6 '4VEYOR ANDAAAPP ✓ � 1J VJD TA YLOR' P.i.S,_ , 43 La Fortuna Gardens, Inc 20325 NE 15 Court Miami FL 33179 December 261h, 2008 Janet LiCausi Property Acquisition Agent 2300 Virginia Ave Fort Pierce FL 34982 Hi Ms. Licausi, Happy Holidays and thanks for your letter dated Dec. 151h 2008. Yes, I did receive the letter from the Growth Management Director stating that the zoning would not be changed from agricultural due to the easement. Thank you so much for that. I just have one more question for you. You mentioned Utilities Department has informed you that no incentives have been offered for these easements. I know that some of the other neighbors are asking about these incentives. We would like to know that in the event the Utilities Department does offer incentives for these easements to our neighbors, they will retroactively offer us the same incentives if we proceed to sign off. We just want to know we will be treated fairly. Is that something you would be able to assist us with? Thanks so much for answering all our questions. Sincerely, Lauris Hua La Fortuna Gardens, Inc AGENDA REQUEST CQVU7N�Y F L D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: County Attorney's Office Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum ITEM NO. VI-B.5 DATE: February 24, 2009 REGULAR[] PUBLIC HEARING [J CONSENT [XX] PRESENTED BY: Daniel 5. McIntyre RECOMMENDATION. The County Attorney recommends that the Board approve the proposed reorganization as set out in the attached memorandum. COMMISSION ACTION: [>c] APPROVED [ J DENIED [ ] OTHER: approved 5-0 County Attorney: r, Daniel S. McIntyre Originating Dept. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget Purchasing: _ Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 COUNTY F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-0126 DATE: February 11, 2009 SUBJECT: County Attorney's Office Reorganization BACKGROUND: After 26 years of service, Legal Assistant III Connie Colella will retire March 31, 2009. In view of the current economic circumstances, the County Attorney proposes to not replace Ms. Colella and to assign Ms. Colella's duties to Legal Assistant II Carol Bishop. In view of Ms. Bishop's increased responsibilities, the County Attorney proposes to promote Ms. Bishop to Legal Assistant III effective April 1, 2009. The appropriate net annual savings resulting from this action is $55,000.00. RECOMMEND ATION/CONCLUSION : The County Attorney recommends that the Board approve the proposed reorganization as set out above. Ily subm Daniel 5. M County Atti DSM/caf AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Quitclaim Deed Gordy Road Resolution No. 09-060 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: See an attached Memorandum N/A N/A ITEM NO. VI-B6 DATE February 24, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board accept the Quitclaim Deed from the State of Florida, Department of Transportation, Florida Turnpike Enterprise, authorize the Chair to sign Resolution No. 09-060 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [gyp OTHER PULLED n i_ [x] County Attorney: L' Dan McIntyre [x] Originating Dept: JoAnn Riley CONCURRENCE: Q ,,a JgnL��46' ) — aye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge: ` [x] Public Works: V` Don Pauley Don W st [x] County Engineer: +{� `� [ J Environmental: Mike Powley 5:\ACQ\WP\Right of Way Donations\Gordy Road\Agendo Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 24, 2009 SUBJECT: Quitclaim Deed Gordy Road Resolution No. 09-060 BACKGROUND: The St. Lucie County Road and Bridge Division has continuously maintained Gordy Road for approximately 20 years, as shown in green and yellow on the attached map. St. Lucie County operates and maintains two Environmental Parks that are located on the East and West side of Gordy Road. The Gordy Road Recreational Area lies South of Ten Mile Creek and East of Gordy Road. Ten Mile Creek Preserve is situated North of Ten Mile Creek and West of Gordy Road. It is the opinion of staff that it would be in the best interest of St. Lucie County to accept the right- of-way conveyance from the State of Florida, Department of Transportation, Florida Turnpike Enterprise. This local road offers direct access to Ten Mile Creek. Ownership would enable the County to issue permits for all construction activities within the road right-of-way and request additional improvements from all developments that would utilize Gordy Road as their primary access. We have attached the Quitclaim Deed executed by the State of Florida, Department of Transportation, Florida Turnpike Enterprise for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Quitclaim Deed from the State of Florida, Department of Transportation, Florida Turnpike Enterprise, authorize the Chair to sign Resolution No. 09-060 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Ann Riley Property Acquisition Manager 5AACQ\WP\1Zi9ht of Way Donations\Gordy Road\Agenda Memompd �;§ ! m ` w � \ � 2 2 � � % «� � s \. § � . �� : � » . _ i.� � .. ■ ��� z � � � -� .�- 4s /. a <>� ,° � \� � � �� » ��� ._� , � 3\� . :� ��� \����/§��� � &/\. ■■� ', �Hoe�\.. - ��. . *` ^ � * KE~ » � # < \ �� /- \:� � �\ > . � » . � § � \ \ »�\ ». »�&�<_... ' `� . ��\ �� /�. 4 * �>> \- �-� �� � , « « . � : �. �\< � � \ �^\�\%�/��t 2 � � �:< ;:� .. .�.w �?% ��° \y��.� � �}���\•�% ,. �,®� . :,. ,\ �\/.\\2 _ � / � � � °� ��� � ©� - \ } \� + . �).. ��t�, .©a? ! �2 ,a3,��`. �� -�v \� �... y�y�/g/\ This instrument prepared under the supervision of: Kathy Lamb -Flynn. Attorney Florida Department of Transportation Florida Turnpike Enterprise Florida's Turnpike. Milepost 263 (Building 5315, Turkey Lake Service Plaza) Post Office Box 613069 Ocoee. FL 34761 GORDY ROAD COUNTY: ST. LUCIE This deed constitutes a conveyance from an executive agency of the State of Florida to an agency or instrumentality of the State of Florida and is not subject to documentary stamp tax. Department of Revenue Rule 1213-4.014 (10), F.A.C. QUITCLAIM DEED THIS QUITCLAIM DEED, is made this,2%Nday of , tt-"� 2008, by the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, whose address is Turnpike Headquarters, Florida's Turnpike, Milepost 263, Building 5315. (P.O. Box 613069). Ocoee, Florida 34761, hereinafter "'Grantor," to ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter "Grantee." (Wherever used herein the terms Grantor and Grantee shall include the successors and assigns of Grantor and Grantee.) WITNESSETH: That the Grantor for and in consideration of the premises and the sum of One Dollar, and other good and valuable consideration, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim all right, title and interest, of the State of Florida, Department of Transportation unto the Grantee to the property described in Exhibit A attached hereto and made a part hereof, subject to the following terms, conditions and restrictions, which shall run with the land: The property shall be used as a public road, and the Grantee accepts all responsibility for the operation and maintenance of the roadway, including all curbs, culverts, and drainage structures within the right-of-way. The term road includes associated sidewalks, bike paths, the roadbed, the right-of-way and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments slopes, retaining walls, bridges and viaducts necessary for the maintenance of travel. 2. All obligations of the Grantor under any maintenance or utility agreements or other such agreements pertaining to the property existing at the time of this conveyance shall become the responsibility of the Grantee. 3. No commercial transmission or receiving devices which carry signals that could cause interference with the operations of the Grantor may be placed or constructed on the property. 4. Pursuant to Section 337.25(4)(h), Florida Statutes, the property will be used by the Grantee for a public purpose, as a public road. TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title and interest of the said Grantor, either in law or equity, to the said Grantee forever. IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed by its duly authorized officer, its Executive Director of the Florida Turnpike Enterprise, and its seal hereunto affixed, attested by its Executive Secretary, on the date first above written. Signed, sealed and delivered in our presence as witnesses: Print or Type Name kl. nature Print or Type Name STATE OF FLORIDA COUNTY OF ORANGE STATE FL RIDA, DEPA,R MEIT OF TRANSPORTATION ve da Turnpike Attest:��� Elizab i Decker, Executive Secretary Florida Turnpike Enterprise Turnpike Legal Review -t The foregoing instrument was acknowledged before me thi@AO—day off"'!-008, by James L. Ely, as Executive Director of the Florida Turnpike Enterprise of the State of Florida Department of Transportation, who is personally known to me, and who did acknowledge before me that he executed the foregoing instrument on behalf of the State of Florida Department of Transportation, for the purposes therein expressed. P •, F117J1BETH M. DECKER MY COMMISSION # DD 796W EXPIRES: June 28, 2012 Bonded Thru Nda7 Pubk UnderwriWts otary Public: Print, mp, or Type Name: My commission expires: 2 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Chairman Deputy Clerk ARRPOVED AS TO FORM AND CORRECTNESS: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2008, by , as , of the St. Lucie County Board of County Commissioners, who is personally known to me, and who did acknowledge before me that he executed the foregoing instrument on behalf of the Board of County Commissioners, for the purposes therein expressed. Z�4 h � 1, f Gordy Road Revised 4-20-07 & Ten Mile Creek Triangle 12-12-08 (Realigned Kings Highway) A parcel of land being a portion of the Northeast Quarter of Section 26, the Southwest Quarter of the Southeast Quarter of Section 23, and the Northwest Quarter of Section 25, Township 35 South, Range 39 East as shown on Florida's Turnpike Right -of -Way map Contract 6.3 sheet 12 of 12 (revised 7/18/05), St Lucie County, Florida, being more particularly described as follows: Begin at the Southeast corner of the Northwest Quarter of the Northeast Quarter of said Section 26; thence South 89°03'20" West along the South line of the Northwest Quarter of the Northeast Quarter of said Section 26 a distance of 64.00 feet; thence North 06°46'05" West a distance of 1,562.14 feet to the South Right -of -Way line of State Road 70 (Okeechobee Road) as shown on FDOT Right -of -Way map Section 94030-(2515)2528; thence North 80°05'44" East along said South Right -of -Way line a distance of 95.04 feet; thence departing said South Right -of -Way line South 06°46'05" East a distance of 1376.50 feet; thence South 48°51'22" East a distance of 148.42 feet; thence North 89°03'20" East a distance of 689.17 feet; thence South 55°08'54" East a distance of 226.81 feet; thence South 19°21'07" East a distance of 1,008.60 feet to the Westerly Right -of -Way line of Kings Highway (Henceforth known as "Point A"); thence South 00°21'30" East along said Westerly Right -of -Way line a distance of 307.26 feet; thence departing said Westerly Right -of -Way line North 19°21'07" West a distance of 1266.84 feet; thence North 55°08'53" West a distance of 162.22 feet; thence South 89°03'20" West a distance of 778.07 feet to the Point of Beginning. Containing 8.355 Acres (more or less) OUD7 Commence at the aforementioned "Point A"; thence South 19°21'07" East a distance of 153.62 feet to a point intersecting the Westerly Limited Access Right -of -Way of Florida's Turnpike and the East Right -of - Way line of Kings Highway as shown on aforesaid Florida's Turnpike Right -of -Way map Contract 6.3, said point being the Point of Beginning; thence along said Westerly Limited Access Right -of -Way the following two courses; South 19°36'21" East a distance of 252.87 feet; thence South 24°06'31" East a distance of 300.00 feet more or less to the Northerly approximate Mean High Water Line of Ten Mile Creek; thence along said Northerly approximate Mean High Water Line of Ten Mile Creek being more or less North 78°22'40" West a distance of 208.73 feet more or less to the aforesaid East Right -of -Way of Kings Highway; thence along said East Right -of -Way of Kings Highway North 00°21'30" West a distance of 470.00 feet more or less to the Point of Beginning. Containing 1.033 Acres (more or less) Reserving unto granter all rights of ingress, egress, light, air and view along the following described line: Commence at the Southeast corner of the Northwest Quarter of the Northeast Quarter of said Section 26; thence North 00°29'37" West along the West line of the Northwest Quarter of the Northeast Quarter of said Section 26 a distance of 654.82 feet; thence South 89°03'20" West a distance of 40.55 feet to the Point of Beginning; thence South 06°46'05" East a distance of 457.66 feet; thence South 48°51'22" East a distance of 148.42 feet; thence North 89°03'20" East a distance of 689.17 feet; thence South 55°08'54" East a Pagel of 2 distance of 226.81 feet; thence South 19°21'07" East a distance of 1,162.22 feet to a point intersecting the Westerly Limited Access Right -of -Way line of Florida's Turnpike and the East Right -of -Way line of Kings Highway as shown on aforesaid Florida's Turnpike Right -of -Way map Contract 6.3; thence South 19036'21" East a distance of 252.87 feet; thence South 24°06'31" East a distance of 300.00 feet more or less to the Northerly approximate Mean High Water Line of Ten Mile Creek and the Point of Termination. Page 2 of 2 Florida, that: RESOLUTION NO. 09-060 A RESOLUTION ACCEPTING A QUITCLAIM DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT .RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing QUITCLAIM DEED is duly accepted on behalf of St. Lucie County this 24T" day of FEBRUARY, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5AACQ\WP\Right of Way Donations\Gordy Road\Resolution No. 09-060.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: North Fork Greenway Contract for Sale and Purchase Hickory Branch Properties, Inc. Parcel I.D. No. 2325-323-0001-000-3 BACKGROUND: Please see attached memorandum ITEM NO. VI-87 DATE: February 24, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: JoAnn Riley Property Acquisition Manager FUNDS AVAILABLE: Funds are available in: 382-3920-561000-1905 Land - Projects to be determined and will be made available in 382-3920-561000-31013 Land - North Fork Greenway PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the Hickory Branch Properties, Inc. parcel for $260,000.00, authorize the Chair to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION. [X] APPROVED[ ] DENIED [ ] OTHER: Approved 5-0 [x] County Attorney: Dan McIntyre [x] Originating Dept: lil`F` JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: [ ] Public Works: Don Pauley Don West (] Engineering: [ ] Environmental:_ Mike Powley Steve Fousek 5:\ACQ\WP\JoAnn\Environmental\Varn (Hickory Branch)\Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 24, 2009 SUBJECT: North Fork Greenway Contract for Sale and Purchase Hickory Branch Properties, Inc. Parcel I.D. No. 2325-323-0001-000-3 BACKGROUND: The Environmental Resources Department requested the acquisition of this 8.57 +/- acre parcel (see attached maps) as an important part of the North Fork Greenway. The parcel will link the Greenways and Trails system along Ten Mile Creek and the North Fork of the St. Lucie River. Acquisition of the parcel will complete a missing link between Gordy Road Recreation Area and George Lestrange Natural Area (2 miles). The Greenways and Trails System will eventually terminate at White City Park, a proposed 6-mile trail. The parcel is in very good ecological condition and consists of good quality scrubby flatwoods and hydric hammocks. On April 24, 2008, the Land Acquisition Selection Committee ranked the parcel as an "A" site and unanimously approved the acquisition of this parcel. Attached you will find a Contract for Sale and Purchase for $260,000.00. This price is based upon a review appraisal performed by Daniel D. Fuller, MAI of Fuller-Armfield-Wagner Appraisal & Research, Inc. RECOMMENDATION. Staff recommends that the Board approve the Contract for Sale and Purchase of the Hickory Branch Properties, Inc. parcel for $260,000.00, authorize the Chair to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Jo}1nn Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Environmental\Varn (Hickory Branch)\Agenda Memo.wpd Hickory Branch Properties, Inc. February 2009 J $EEc"OGEE - M Subject Parcel L—J Parcels owned by SFWMD Parcels owned by SLC I N I �5 i 1 (PG yN Z Z� N 2 \ Z \ Z T v� `o � d G S•�P DISCLAIMER St. Ludo County makes no -anon" rep--mon or y,arenty es - to the content, saQuence, accuracy. bm""'a, or oonplateness of any oftha geodata irdIr,r m provided herein. The readersh.dd not rely on the dabs provded herein for any reason. St Lucie \ Co -by ezp4.t1y tlisdams any representations and w ""'s, ncludi witlroW kmitation, u,a implred —MIS of merdrar2adlQy �\ and fitness br a pe;tiaJar puryose St. Wcie County shall assume no liadlify for: i. My errors. omssgns, orinaccuredes inure inf—pon provided regord— of hpv ceusetl; or 2. Any tledsm mad, or action taken or nW taken by any person in relianm upon any in=on or dale fumshed trereundm. 0 210420 840 1,260 1,680 2,100 2, F t Te n-Mile- Cre k NA Gordy Rd Rec Area t t t t Te n (wile � Creek WPA► t • t t• t ickory 0 County/SF1+ MD Land Proposed Acquisition Existing Trail m T m z x z z m ( r- 7 a { George tra nge I f 140t G � J W Existing access easement ® R ro posed access easement Proposed Trail PARCEL NAME: Hickory Branch Properties, Inc. Parcel I.D. No. 2325-323-0001-000-3 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this day of 2009, between HICKORY BRANCH PROPERTIES INC., a Florida corporation, whose address is 3433 Gordy Road, Fort Pierce, Florida 34945, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Two Hundred Sixty Thousand Dollars, ($260,000.00), determined to be the total of the following: Real Property (Land) Improvements Other than Buildings (described in Exhibit "B", if any) $00 Personal Property (Described in Exhibit "A", if any) Other (describe) M payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Mechanic's No -Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before APRIL 30, 2009 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to deed recording, provided delivery of the deed and payment of the purchase price occur in the some day at the same time. 17. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of 3 any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of any one of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "C" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule, and none will be agreed to prior to closing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchaser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C', alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms of said Agreement of instrument. (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms- 4 length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit T" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto and Seller has received no notice of any such violation. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. 5 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing, Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense. In addition, Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders, decrees, attorney fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 6 IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this day of 2009• Witness c Witness STATE OF FLORIDA COUNTY OF ST. LUCIE HICKORY BRANCH PROPERTIES, INC. By: r - � — Its: J— [ CORPORATE SEAL ] The foregoing instrument was acknowledged me this l day of , 2009, by Sczz ar p a 73 : VO-r� as t- r e S i c�Q—t of HICKORY BRANCH PROPERTIES, INC., who is personally known to me or who has produced a Drivers License issued within the last five years as identification. o\o,�NllflilllgJ//�� BOL NOTARY PUBLIC M�ssiov'• % A61 /� : ����`,oerq,2o O9t SEAL = ; om N': * : Notary Public 2 : #DD 710509 �= 9 •. T 807dedto ' CQ EXECUTED by PURCHASER this day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney EXHIBIT "A" LEGAL DESCRIPTION Begin at the SW corner of Section 25, Township 35 South, Range 39 East, St. Lucie County, Florida, thence run North along the West boundary of said Section to point of intersection with the South 1/4 1/4 Section line, Section 25, Township 35 South, Range 39 East for point of beginning; thence run East 695 feet more or less along said South 1/4 1/4 Section line to intersection with the West right- of-way line of Sunshine State Parkway; thence run Northwesterly along the West right-of-way line of the Sunshine State Parkway 746 feet more or less to intersection of South boundary of lands owned by the Florida State Turnpike Authority; thence run West parallel to the South 1/4 1/4 Section line a distance of 394 feet more or less to point of intersection with the West line of Section 25, aforesaid; thence run South along the West boundary line of Section 25, 685 feet more or less to the point of beginning. LESS AND EXCEPT right-of-way for NSLRWMD Canal No. 96. PARCEL I.D. NO.: 2325-323-0001-000-3 8 EXHIBIT "B" IMPROVEMENTS OTHER THAN BUILDINGS N/A EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES N/A EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS N/A EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS N/A EXHIBIT "F" POLICIES OF INSURANCE N/A S:\ACQ\WP\JoAnn\Environmental\Vern (Hickory Branch)\Contract.wpd 4 Review Reconciliation The appraisers used a definition of market value from different sources, but essentially the definitions are the same. It is noted that FCT guidelines use the definition found in USPAP 2003. In my opinion, baring any significant changes to Mr. Deighan's report based on my review comments, Mr. Deighan's opinion of value is not well supported, and because of the data analyzed, Mr. Deighan's opinion of value of $25,000 per acre for a total value of $215,000 appears to be below an appropriate market level for the subject. However, also based on my review of Mr. Osteen's data and analysis, in my opinion Mr. Osteen's value of $40,000 per acre is above an appropriate value level for the subject. Mr. Osteen placed most weight on sales 1 - 3, and although sale 1 was to St. Lucie County, adjusting Mr. Osteen's sales 1 - 3 at a more significant rate, say in the range of 2% per month from at minimum mid 2007 as abstracted from market data. Research did not locate any recent sales of properties with physical characteristics ideally similar to the subject to extract market condition adjustments, however, research in the broad market found a 29.5 acre residential tract of land located in extreme northeasterly Port St. Lucie selling to a home builder in October 2007 at a price of $65,695 per acre, and reselling in July 2008 at a price of $45,763 per acre, a 30% reduction in price, or an average of -3.4% per month. Additionally, I am aware of a sale of a 10± acre vacant tract of land located in the central "White City" neighborhood closing in June 2008 at a price of $44,317 per acre but with an adjacent very similar 10± acre site selling in July 2005 at a price of $120,481 per acre. These sales indicate an average -1.8% per month condition adjustment between mid 2005 and mid 2008. Finally, another 13+ acre site located in the central "White City" neighborhood which previously sold in March 2006 at a price of $166,442 per acre is currently offered for sale at $50,448 per acre or a 70% discount or an average of -2.3% per month to the date of appraisal. With a -2% per month market condition adjustment applied to Mr. Osteen's sales along with Mr. Osteen's adjustments for physical differences applied as reported, the sales 1, 2 and 3 adjusted sales prices calculate to $33,684, $43,307, and $27,522 per acre, respectively with a mean of $34,838 per acre with the mean of the non -government sales, sales 2 and 3, $35,415 per acre. However, in my opinion sale 3 is the most similar to the subject as it is not influenced by any water body as in the case of all of the other sales analyzed. Therefore, with most weight placed on sale 3, in my opinion the data suggests subject's value is most likely in the range of say, $30,000 per acre. At $30,000 per acre the subject's total value calculates to $257,100, rounded to $260,000. FULLER-ARMFIELD-WAGNER COUNTY F L O R I D A Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Steve Fousek Environmental Resources Department DATE: February 12, 2009 RE: Agenda Item Board approval to purchase Hickory Branch parcel DEPARTMENT COORDINATION The Attorney's Office is assisting the Environmental Resources Department in acquiring the Hickory Branch parcel as part of the North Fork Greenway. ERDINPUT Staff has identified the North Fork Greenway as a priority trail in the Greenways and Trails Master Plan that was approved by the Board. The Land Acquisition and Selection Committee ranked the parcel as an "A" site, and approved the acquisition at their April 24, 2008 meeting. ERD RECOMMENDATION ERD recommends that the Board approve the Contract for Sale and Purchase of the Hickory Branch parcel. Environmental Resources Department C: ERD Director AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. V1.B.8 DATE: February 24, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Mark Godwin SUBJECT: Request to purchase two (2) Motorola Portable Radios (Model II 800 MHZ) along with Computer Aid Interface Software and a two-year service plan. BACKGROUND: Please see attached memorandum and price quotes. FUNDS AVAIL: $5,616.50 from the Pretrial GPS account funds. The funds have been budgeted in the account string: 107-2360-564000-200. PREVIOUS ACTION: In FY08/09 the Board funded pretrial services for technology and GPS services at the same amount for the past two years. RECOMMENDATION: Staff recommends the Board approve two (2) radios along with the supporting software and two year service plus plan for Pretrial Officer communication and safety. Furthermore, this purchase is endorsed and supported by the Sheriff for more effective communication between the Sheriff's Deputies and the Pretrial Staff. Staff also recommends that the Board approve Budget Amendment #BA09-013 and the attached Equipment Request EQ-09-26. COMMISSION ACTION: CONCURRENCE: [�(] APPROVED [ ] DENIED [ ] OTHER: F YE W. OUTLAW Approved 5-0 4duty Administrator Coordination/Signatures County Attorney:_X ManageTen't & Budget_X p Purchasing: r fC ,^ //'�� �"Vf t►Ww-.� i5�o41�i U _ 1�1� I hl Originating Department:` ��` l —other: / Other: Finance: Check for copy only, if applicableX INTER -OFFICE MEMORANDUM ® ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-0185 DATE: February 24, 2009 SUBJECT: Request to purchase two (2) Motorola Radios for the G.P.S./Pretrial Release Program BACKGROUND: The G.P.S./Pretrial Release Program Staff check on the status of criminal defendants and offenders in the community on a 24/7 daily basis. Currently the staff utilize cell phone and laptop computer technology to communicate with each other, and the law enforcement community. Due to an increase in the number of times the program has to make immediate contact with the law enforcement community, it is in the staff's best interest that we utilize radios for this purpose. Furthermore, Ms. Lisa Savage and myself met with Chief Deputy Wilson with the Sheriff's Office, who recommended that we purchase these radios and be given identification numbers through the 911 Emergency Operations Center. The funding for these radios would come from budgeted funds under the Fine and Forfeiture / Criminal Justice/Pretrial Program (107-2360-564000-200). Recommendation / Conclusion: Staff recommends the Board approve two (2) radios for Pretrial Officer communication and safety. Furthermore, this purchase is endorsed and supported by the Sheriff for more effective communication between the Sheriff's Deputies and the Pretrial Staff. Respectfully submitted, Mark Godwin Criminal Justice Coordinator ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 AGENDA DATE: 02/24/09 DEPARTMENT: COUNTY ATTORNEY RECOMMENDED: YES NO REVISED DIVISION: CRIMINAL JUSTICE APPROVED. YES INC) I REVISED EQUIPMENT: (2) Motorola Portable Radio (Model II 800 Mhz) ADDITIONAL COSTS BUDGET AMOUNT: $5,617 X NEW I REPLACEMENT YES NO JUSTIFICATION: The G.P.S./Pretrial Release Program Staff check on the status of criminal defendants and offenders in the community on a 24/7 daily basis. Currently the staff utilize cell phone and laptop computer technology to communicate with each other, and the law enforcement community. Due to an increase in the number of times the program has to make immediate contact with the law enforcement community, it is in the staff's best interest that we utilize radios for this purpose. Staff recommends the Board approve two (2) radios along with the supporting software and two year i service plus plan for Pretrial Officer communication and safety. EQUIPMENT REQ#: EQ09-026 ACCOUNT#: 107-2360-564000-200 4 TO: FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Attorney - Criminal Justice PREPARED DATE: 2/16/2009 AGENDA DATE: 2/24/2009 ACCOUNT NUMBER ACCOUNT NAME AMOUNT 107-2360-564000-200 Machinery & Equipment $5,617 107-2360-534000-200 Other Contractual Services $5,617 1 REASON FOR BUDGET AMENDMENT: To move funds into place to pay for the two (2) Motorola Portable Radios, computer software, and a 2-year service plan for the Pre -Trial Program. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a n/a BA09-013 I III M CD 0 ,u w N II I CD co a A , m m Rz co 0m In m N ,c � O t v �13,� p al i m m nD O 70 m3m =0U DD T X O < x V V y N N r 0) V 0 C A 0 a n �0,0 oo'D> > 9 n 0 a (n a s m fA m w O y D C C ODz_ m n 0 -4 > c) D m P O oo r m � � p M m X m d z c � 0 N N � N N m { jmloo0a,}®(\{(!! !;MOC:08Bƒ\![!A• /($@!//}\ e>�mi�m;!`g £)\\7gƒgae;a/(§ om@:l:,,& )Ecn> > \\;»ffo \k!\!$f zf\>\z0 3%\)() & -�\ )§;( _ )}ƒ\- _/(0 \)\\\(i \ƒ\))k\ \/{}\0 !\(§$k§ 2�(!\! (r)/((( E i o> \ !&¥3 �KmX, -F .Mmm co XFMk �.Ra ;ƒ)$# f!\e({ § G$>m:-- -- mc oS - 2\)2« _ *\[Gf :_ - ;;! - _ } m >mR ) } §!`�: \ ( 00 0 2R;R$ } 2@;/s \ ; C:: - } (k)) 0>m, j$ g o £ > m \ � - ch { { / ( (} 0 � L� } \ k m n w 0 ƒ § § % ) 2 0 9 m 0 II I I I I I I I I I' ', I I II I III III I II L ' SI' A I co: . Cn ICn V m' cD I I I I , i I I I I D! () I I I NDX -<cn1 I I m m�ti D E XOcn N 1 tnl moo O I I I I � XG)v v_ _ m N mD�' mn®I cn D r m w m <oD III _0>ol m O)IN VW V o-4cn ' o cn'o m m v n D O� mom = o 3 Oz z 0 m<x � � y N N r A A C F rn�n.Cf m o �m a �J N N O O 0 0 tD iD COUNTY F L O R 1 D A" ST. LUCIE COUNTY GRANTS/DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Faye W. Outlaw, MPA, County Administrator FROM: Jody Bonet, Cultural Affairs Manager SUBJECT: Art in Public Places Annual Plan for 2008/09 Site Locations DATE: February 24, 2009 The proposed 2008/09 Art in Public Places (AiPP) Annual Plan and the former Annual Plans predominately identified projects that are in Ft. Pierce and the unincorporated St. Lucie County areas for two primary reasons. The first reason is that the County and City of Fort Pierce partner on several projects because both County and the City of Fort Pierce approved an AiPP ordinance in 1999. Although Port St. Lucie recently approved an AiPP ordinance, it does not include a funding mechanism. Section 1-5-2.c of the amended County ordinance no. 2000-30 states that "the first priority for use of funds generated by a capital project shall be that capital project site." Due to this requirement, many of the sculpture sites are located at major capital county projects such as: Walton Road Annex, Fenn Center, Lakewood Park, and the downtown Clerk of Court building. Although the County will be expanding Morningside Library, it will be primarily funded by impact fees which are not allowed to donate into the AiPP Trust Fund. The St. Lucie West Joint Use Library was funded by the college and a State Library Grant which was not required to place funds into the AiPP Trust Fund. However, staff plans to move the temporary piece that is at Fenn Center to the Morningside Library site once the new Fenn Center "Dynamics" sculpture is in place. Currently, the two permanent pieces in Port St. Lucie are located at the Walton Road Annex and Tradition Field. As part of the With Out Walls 2 (WOW 2) project, staff had placed four pieces at the following Port St. Lucie sites: Oxbow, Morningside Library, Port St. Lucie City Hall, and Port St. Lucie Community Center. Staff renewed the lease on one of the WOW 2 pieces for an additional year and moved it to a pad in front of Port St. Lucie City Hall. Port St. Lucie provided the pads and the labor to install the piece at City Hall while the County is covering the cost of the $1,000 lease. The With Out Walls 3 sculpture exhibition will also locate pieces in the Port St. Lucie area. Staff has already spoken with the PSL Community Redevelopment Agency Director to place some of the temporary show at City Center. The location of the "In a Nutshell' piece at Walton Road Annex can be viewed quite well from City Center and provides a nice entrance way piece to the site. The WOW 3 will continue to include the sites in Port St. Lucie that were utilized duping the WOW 2 show. The Port St. Lucie Ravenswood pool mural is identified in the current plan for only $5,000 because that project was mostly funds from impact fees. The proposed 2008/09 plan has projects earmarked for a total of $405,000 but there is $483,277 of funds available in the AiPP Trust Fund. o '. ITEM NO. VI - C DATE: 2/24/09 AGENDA REQUEST REGULAR PUBLIC HEARING ( CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: !.dlm. Amy Mott, Environment Regulations Manager SUBMITTED BY: Environmental Resources Department Environmental Regulations SUBJECT: Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On October 24, 2006 the BOCC adopted Resolution No. 06-316 granting Major Site Plan approval to Treasure Coast Lexus to construct an 87,287 sq. ft. car dealership and service facility to be located at 5121 S. US Highway 1, on 11.57 acres. • On July 24, 2007 the BOCC adopted Resolution No. 07-131 granting a Major Adjustment to a Major Site Plan for Treasure Coast Lexus, approving the addition of a third floor to the parking garage. • On December 16, 2008, the BOCC adopted Resolution No. 08-231 granting a Major Adjustment to add 0.802 acres of land area for additional inventory parking, for a total of 12.37 acres of land, to the Major Site Plan. RECOMMENDATION: Board approval of the Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 and authorization for the Chair to sign the Agreement. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED OTHER Approved 5-0 laal-y"ew. Outlaw, PA County Administrator Coordination/Signatures County Attorney (✓� '/ r _ , Mgmt & Budget () Finance (� Growth Mngt. (v Other ENVIRONMENTAL RESOURCES Environmental Regulations Division MEMORANDUM TO: Board of County Commissioners FROM: Amy Mott, Environmental Regulations Manage, DATE: February 16, 2009 RE: Board approval of Landscaping and Tree Mitigation Improvement Agreement Background: Woods Family Partnership II, developers of Treasure Coast Lexus, is required to install landscaping and tree mitigation as part of the approved site development plans. As a condition of site plan approval, the developer is required to finalize an improvement agreement acceptable to ERD covering the cost of landscaping and tree mitigation, including proposed on -site tree relocation and planting. The required surety in the amount of $16,039.00 has been provided to ERD. Attached are copies of the following documents: Landscaping and Tree Mitigation Improvement Agreement Cost Estimate Letter of Credit No.F853381 in the amount of $16,039.00 The documents have been reviewed and approved by staff. Recommendation: Board approval of the Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 and authorization for the Chair to sign the Agreement. cc: Finance LANDSCAPING/MITIGATION IMPROVEMENT AGREEMENT TREASURE COAST LEXUS THIS II4PROVEMENT AGREEMENT, is entered into this day of , 20_, by and between Treasure Coast Lexus (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County")'. W I T N E$ E T H: WHEREAS, the Developer intends to commence development on a project in St. Lucie County, Florida, to be known as Treasure Coast Lexus (SPMJ-620081487) (the "Project"); and WHEREAS, the St. Lucie County Land Development Code (LDC), Section 11.04.01(13) requires that any site plan shall be subject to the Developer providing assurance that all required improvements shall be satisfactorily constructed according to the approved plan and an Improvement Agreement; and WHEREAS, the LDC requires that the Developer of this Project complete certain landscaping and mitigation improvements; and WHEREAS, the required improvements of the Project are to be' installed after approval of a Notice of Vegetation Removal under the guarantees posted with the County. NOW THEREFORE, in consideration- of the intent and desire of the Developer as set forth herein, the Developer and County agree as follows: 1. COMPLETION OF REQUIRED IMPROVEMENTS. The Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above referenced development within twelve (12) months from approval of a Notice of Vegetation Removal according to the landscape and. mitigation plans approved by the Director of the Environmental Resources Department ("Director"). The Improvements are more particularly set forth on those certain plans drawn by the Developer's landscape architect, Lucido 6 Associates, dated December 17, 2008, or as amended. The Improvements must then remain alive and in healthy condition as determined by -the Director for eighteen months (18) after installation or completion of construction, whichever occurs later. -1- 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County LDC, agrees to provide the County with security in a form acceptable to the County Attorney in the amount of Sixteen thousand and thirty nine dollars ($16,039), representing 100% of the estimated cost of the Improvements as submitted by the Developer's landscape architect and approved by the Director. The term of the security shall be effective for at least nineteen months, but in no case shall the term of the security be any less than the identified period of construction for the proposed development or development phase plus eighteen months.. 3. FAILURE TO COMPLETE Il4pROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the approval of a Notice of Vegetation Removal, or if the Improvements do not remain alive and in healthy condition for the subsequent eighteen (18) months after installation, or upon completion of the construction, the County shall have and is hereby.granted the right to cause the Improvements to be made or reinstalled and to use the security provided herewith for payment of all costs .and expenses incurred in the construction thereof, including -but not limited to, design, materials, installation, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement, the provisions of the LDC or the County approved plan, as may be amended consistent with applicable County Codes. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on, written demand by the County. 4. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's landscape architect shall certify that the improvements have been constructed in -2- accordance with the County -approved plans. When the improvements have been certified by the Developer's landscape architect, the Director or designee shall inspect the improvements. If all Improvements are completed to the satisfaction of the Director or designee, and the Improvements Survive For eighteen (18) months after satisfactory installation, or completion of, construction, the Director shall confirm this in writing to the St. Lucie County Board•of County Commissioners. The Developer's security shall then be released in accordance with Section 11.04.01, LDC. 5. INTERPRETATION; VENUE This Agreement 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 Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: DEPUTY CLERK BOARD OF COUNTY C014MISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN -3- I WITNESSES: APPROVED AS.TO FORM AND CORRECTNESS: COUNTY ATTORNEY TREASURE COAST LEXUS BY: Print Name: Nick A. Bishop Title: Facilities Director Landscaping/Mitigation Cost Estimate for required St. Lucie County improvement agreement TREASURE COAST LEXUS (SPMJ-620081487) description of plant material/irrigation need East Palatka Holly/Ilex attenuata'East Palatka' Little Gem Magnolia/Magnolia grandiflora 'Little Gem' Highrise Live Oak/Quercus vitginiana'Highrise' South Florida Slash Pine/Pinus elliotdi Densa' Florida Royal Palm/Roystonea regia Cabbage Palm/Sabal Palmetto Foxtail Palm/Wodyetia bifurcata Red Tip Cocoplum/Chrysobalanus icaco'Red Tip' Sweet Viburnum�Vibumum odoratissimum Macho Fern/Nephrolepis falcata Macho Fem' Sod - Floratam & Bahia Irrigation estimated total• 100 Avenue A, Suite 2-A Ft Pierce, Florida 34950 tel: 772.467.1301 fax: 772.467.1303 web: www.lucidodesign.com quantity 3 2 7 14 1 14 2 33 80 15 12,000 sf 1 $16,039 v fti i i. V 5 Alm", LETTER OF�CREIIIT NUMBER F853381 JANUARY 16, opy BENEFICIARY: BOARD °OF COUNTY, COMMISSIONERS OF ST_ LUCIE ..COUNTY 2300'VIRGLNIA.P ENUE, ANNEX FT- PIERCE,._.:FL 34982 ? ATTN ,-A,MY MOTT D.A.R SIR OR.MADAM: PLEASE FIND°°PrTTA'C-H_ED TlE ORIGINAL LETTER OF CREDIT. - Aix - PLEASE -DIRECT ALL INQUIRIES TO SUNTRU:ST BANK - ATTN:. STANDBY LETTER_ OF CF.-DIT`�`DEPARTM`ENT 25 °PARR .PLA.CE, F1,6TH; FLOQR, MC 3706 " ATLANTA GEORGIA 3030,3 PHONE: 800 451-7847 OPTION 3.1. - -- SINCERELY, ; SUNTRUST BANK } J _ 7 ... 1. TO: AGENDA REQUEST ITEM NO. VI - D I Board of County Commissioners DATE: February 24, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XI SUBMITTED BY (DEPT): Grants / Disaster RecoveryCA a "V �, Jody n , Cultural Affairs Manager SUBJECT: Approve the Art in Public Places Annual Plan for 2008/09 as recommended by the Art in Public Places committee. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: On February 12, 2009, the Art in Public Places committee approved the proposed Art in Public Places Annual Plan. In 1999, the County and the City of Fort Pierce approved an ordinance to fund an Art in Public Places (AIPP) program. St. Lucie County Ordinance number 2000-30 approved minor amendments to no. 99-07. The ordinance allows for 2% of funds from capital projects with a cap of $100,000 to be utilized for public art in the community. The Art in Public Places Trust fund has a total of $632,814 in the account but a portion of it is already encumbered for the sculptures that will be located at the Fenn Center, Lakewood Park and the Avenue D roundabout. There is $483,277 available in the Trust Fund and this plan identifies projects for $405,000. The Art in Public Places Trust Fund account 665-7310-534000/599300-700 has $483,277 available for the projects identified in this Annual Plan. On November 27, 2007, the BOCC approved the Art in Public Places Annual Plan for 2007/08. Staff recommends that the Board approve the Art in Public Places Annual Plan for 2008/09. COMMISSION ACTION: R-APPROVED [] DENIED [] OTHER: Approved 5-0 Review and Approvals 4- County Attorney: Daniel McIntyre Originating Dept: William Hoeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator Management & Budget: Robert O'Sullivan Marie Gouin ST. LUCIE COUNTY GRANTS/DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Jody Bonet, Cultural Affairs Manager lik- SUBJECT: Art in Public Places Annual Plan for2008/09 DATE: February 24, 2009 The attached Art in Public Places Annual Plan and map summarizes the projects that the County and City of Fort Pierce have accomplished since the beginning of the program. Page two of the AiPP Annual Plan identifies the projects for 2008/09 that are listed below. At the February 12, 2009, Art in Public Places Committee meeting, the Committee approved that the following projects be recommended to the Board of County Commissioners for inclusion in the 2008/09 Annual Art in Public Places Plan: Biennial With Out Walls 3 Sculpture Exhibition and Symposium $70,000 (SLC — new) Gateway Sculpture by 1-95 and Okeechobee Road $150,000 (SLC — new) Martin Luther King Park Project $60,000 SLC/ $60,000 FP (07/08 Plan) Avenue A Mural and other murals $15,000 (SLC — 07/08 Plan) Mural on outside restroom wall of Port St. Lucie Pool $ 5,000 (SLC —new) Solar lighting and concrete pads for current 3 projects $ 30,000 (SLC - 07/08 Plan) (Fenn, Avenue D, and Lakewood Park) Total Capital Projects $330,000 SLC, $60,000 FP Art in Public Places Maintenance and Education Programs The Annual Plan always includes several on -going programs that are also funded through the Art in Public Places Trust Fund. Ordinance No. 2000-30, Section 1-5-2(g) states that, "An amount equal to fifteen percent (15%) of the eligible allocation of the construction project ....may be used for project support and community participation activities. For public -owned property this may include staffing, artist -selection related costs, consultants, design/proposal/ moquette costs, identifying plaques, project documentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program. An amount equal to fifteen percent (15%) of the eligible public art allocation of the construction project for a capital project shall be set aside for curatorial services, insurance coverage, and the preservation and maintenance of the specific project." Thus, the following two areas fulfill the intent of the AiPP ordinance. Maintenance Projects ($25,000 County) 1. Murals throughout the County 2. Existing sculptures with bases and lights 3. Transit Benches Education Component ($50,000 County) Arts View, Web site, Artist Travel for Presentation during openings and symposiums, plaques, sculpture driving brochure/map, etc. Proposed Budget for the 2008/09 Annual Plan Total Capital Projects Maintenance Projects Education Component Grand Total Staff Recommendation: $330,000 SLC, $60,000 FP $ 25,000 SLC $ 50,000 SLC $406,000 SLC, $60,000 FP Currently, there is $483,277 available in the AiPP Trust Fund and the proposed plan identifies $405,000 of projects. Since the Annual Plan is within the available budget, staff recommends that the Board of County Commissioners approve the Annual Art in Public Places Plan for 2008/09. Art in Public Places Committee Annual Plan 2008 / 2009 In 1999, the County and the City of Fort Pierce approved an ordinance to fund an Art in Public Places (AiPP) program. St. Lucie County Ordinance number 2000-30 approved minor amendments to no. 99-07. The County AiPP ordinance places 2% of capital projects that are over $50,000 into the AiPP Trust Fund account and 1% of road projects. The ordinance limits the contribution from a particular capital project to not exceed $100,000. To maximize limited resources, the AiPP subcommittee develops a plan for both the County and the City of Fort Pierce to implement together. Phase I: Completed Projects during November 2003 to 2007 1. The Partnership — Marine Center Location 2. Sailfish — Manatee Center location 3. With Out Walls 1 Sculpture Exhibition 4. Recycling Sculpture — 25th Street Administration complex 5. The Sapling — Heathcote Gardens entrance 6. 9-11 Sculpture —Tradition Field 7. Indian River State College Glass Sculpture 8. Pepper Park Mural Phase Il: AiPP Plan — 2007 to 2008 On November 27, 2007, the Board of County Commissioners approved the Art in Public Places Annual Plan for 2007/2008 as set forth below. The status of the approved projects is documented below: 1. The Clerk of the Courts Building $12,000 (Purchased David Cumbie's Piece that was part of the WOW 2 exhibition) 2. Biennial With Out Walls 2 Sculpture Exhibition and Symposium (Completed) 3. Avenue D Highwaymen Obelisk Project — $90,000 (Contract approved by BOCC includes the $45,000 match from FP) 4. Downtown Ft. Pierce Parking Garage $85,000 (FP — in process) 5. Avenue A Mural and other murals $15,000 (SLC — not complete) 6. Terry Thommes — Purchase sculpture $30,000 (SLC - Complete) 7. Martin Luther King Park Project $60,000 SLC/ $60,000 FP (Committee working on call for artist proposal) 8. Lakewood Park Project $100,000 (Contract approved by BOCC) 9. Havert L. Fenn Center Project $89,000 (Contract approved by BOCC) 10. Concrete Plinths (pads) for Sculptures $20,000 (SLC Complete) 11. Contingency for interior art or other unforeseen issues ($20,000 SLC — not used) Amended Phase II: 2007 to 2008 Purchase WOW 2 Sculptures whose lease expires August 2008 On August 12, 2008, the BOCC approved an amendment to the Annual Art in Public Places Plan. The status of the 07/08 amended plan is listed below identifying the jurisdiction that purchased the sculpture: 12. In the Swim, Jorge Blanco $36,000 (FP — Complete) 13. Prevailing Winds, Pat Cochran $12,000 (FP — Complete) 14. Bird in the Hand, Ginny Piechstreet & Anita Prentice $ 7,500 (FP -Complete) 15. Totem, David Cumbie $12,000 (SLC - Complete) 16. Remnant Series #26, Dennis Kowal $40,000 (SLC - Complete) 17. Speaker, Dennis Howland $ 4,000 (SLC -Complete) 18. Ais Bear Totem for St. Lucie County History Center $10,000 (SLC - Complete) 19. UDT Navy SEAL Memorial $100,000 (SLC AiPP Grant) 20. Extend the lease on four WOW 2 Sculptures until 9/2009 $4,000 (SLC-Complete) Phase III: 2008 — 09 Projects The February 24, 2009 Board of County Commissioners agenda item is for the approval of the following projects. The proposed projects include completing the projects identified in the 2007/08 Annual Art in Public Places Plan, two new projects, and a commitment for a third temporary sculpture exhibition and symposium identified as the With Out Walls 3. Currently, there is $632,814 in the Art in Public Places Trust Fund account with the addition of a pending transfer of $40,013. Of this, $234,550 is currently encumbered for existing projects (Fenn Center, Avenue D, Lakewood Park). In addition, the $45,000 match for the Avenue D Highwaymen Obelisk from the City of fort Pierce will be deposited into the account by March. Thus, $632,814 minus $234,550 already encumbered equals $398,264. By adding the $398,264 with the pending transfer of $40,013 and the deposit of the $45,000 check, the available balance for the 2008/09 Annual plan is $483,277. At the February 12, 2009, Art in Public Places committee meeting, the committee approved that the following projects be recommended to the Board of County Commissioners for inclusion in the 2008/09 Annual Art in Public Places Plan: Biennial With Out Walls 3 Sculpture Exhibition and Symposium $70,000 (SLC — new) Gateway Sculpture by I-95 and Okeechobee Road $150,000 (SLC —new) Martin Luther King Park Project $60,000 SLC/ $60,000 FP (07/08 Plan) Avenue A Mural and other murals $15,000 (SLC — 07/08 Plan) Mural on outside restroom wall of Port St. Lucie Pool $ 5,000 (SLC —new) Solar lighting and concrete pads for current 3 projects $ 30,000 (SLC - 07/08 Plan) (Fenn, Avenue D, and Lakewood Park) Total Capital Projects $330,000 SLC, $60,000 FP 2 Art in Public Places Maintenance and Education Programs The Annual Plan always includes several on -going programs that are also funded through the Art in Public Places Trust Fund. Ordinance No. 2000-30, Section 1-5-2(g) states that, "An amount equal to fifteen percent (15%) of the eligible allocation of the construction project ....may be used for project support and community participation activities. For public -owned property this may include staffing, artist -selection related costs, consultants, design/proposal/ moquette costs, identifying plaques, project documentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program. An amount equal to fifteen percent (15%) of the eligible public art allocation of the construction project for a capital project shall be set aside for curatorial services, insurance coverage, and the preservation and maintenance of the specific project." Thus, the following two areas fulfill the intent of the AiPP ordinance. Maintenance Projects ($25,000 County) 1. Murals throughout the County 2. Existing sculptures with bases and lights 3. Transit Benches Education Component ($50,000 County) Arts View, Web site, Artist Travel for Presentation during openings and symposiums, plaques, sculpture driving brochure/map, etc. AiPP Staff Cultural Affairs Manager (in -kind County) Executive Assistant (in -kind County) Specialist to assist with WOW 3 sculpture exhibition ($20,000 already included in the WOW 3 budget) Proposed Budget for the 2008/09 Annual Plan Total Capital Projects Maintenance Projects Education Component $330,000 SLC, $60,000 FP $ 25,000 SLC $ 50,000 SLC Grand Total $405,000 SLC, $60,000 FP INTRODUCTION TO AiPP PROJECTS FOR 2008/09 Biennial With Out Walls 3 Sculpture Exhibition - $70,000 The third Biennial Outdoor Sculpture Exhibition will present the examples of figurative, functional and contemporary work of artists from the southeastern United States. The pedestals that were installed during WOW 2 will be used again for WOW 3. This third Biennial demonstrates a commitment to Art in Public Places recognized at the national level for St. Lucie County's continued and relevant AiPP program. This exhibit will serve to showcase sculpture publicly and set the stage for St. Lucie County to be a leader in large temporary exhibitions. The proposed budget for the WOW 3 includes: John Hayes, Curatorial Services $20,000 Lease 20 sculptures @ $1,000 apiece $20,000 Transport of Sculptures and new plinths if required $10,000 Promotion, publication, symposium, etc. $20,000 Gateway Sculpture by I-95 and Okeechobee Road - $150,000 Although this project will take some time working through the permit issues with the Florida Department of Transportation, the AiPP committee believes that this project would be a great way to welcome visitors to the region. A subcommittee will be set up to identify other areas of the Country where sculptures have been placed in these key locations. After the initial research is complete, a meeting will be set up with Florida Department of Transportation to discuss the permitting requirements of the project. After the initial approval has been received, a call to artists will be released. Martin Luther King Dreamland Park - $120,000 County / Fort Pierce Martin Luther King — Dreamland Park is an urban setting public park co -managed by St. Lucie County and the City of Fort Pierce and is located on 25"' Street and Citrus Avenue. The park offers sheltered public gathering areas and baseball diamonds. The grassy field facing 25t' Street presents a great location for AiPP sculpture which would be visible from 25t' Street and Citrus Ave. The City and County will equally finance this project. Avenue A Mural Replacement - $15,000 Since the Mural in a Day that is on the south wall along Avenue A in Ft. Pierce requires repainting, it was suggested that a new design should be considered for this location. A mural subcommittee will review the status of all murals and then make recommendation for future guidelines for future ones and renovation techniques for the existing ones. Mural on the outside restroom wall at Port St. Lucie Pool - $5,000 Park and Recreation staff has requested that a mural be painted on the outside wall of the restroom that faces the Port St. Lucie Pool. A call to local artists will be released for this minor Art in Public Places project. 0 Solar Lighting and Concrete Pads for 3 Current Proiects - $30,000 At least three quotes will be requested for the installation of solar lighting and concrete pads for the three sculptures that are currently being developed: "Children of the World" for Lakewood Park, Avenue D Highwaymen Obelisk, "Dynamics" for Fenn Center. Maintenance of Existing Sculptures, Murals and Benches - $25,000 County Funds are set aside to work with local artists to maintain the existing sculptures, murals and benches. Educational and Outreach - $50,000 We recommend that the public outreach and program support component be continued with new issues of Arts View Magazine, a driving brochure/map, public workshops, mailings, improved web site and identifying plaques. Community education programs also will include artist residencies at workshops or school programs. An educational curriculum could be developed as part of the temporary exhibit or as a stand alone curriculum for permanent exhibits. Tours of the sculptures could stimulate discussion and encourage the students (K-12, college, or outside groups) to develop their own art pieces. Z AGENDA REQUEST ITEM NO. VI - D-2 COUNTY F L O R 1 D A' TO: Board of County Commissioners DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Grants / Disaster Recovery Jody f Cultural Affairs Manager C% SUBJECT: Approve allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. BACKGROUND: On March 12, 2004, the County dedicated the Zora Neale Hurston Dust Tracks Heritage Trail. In 2006, the County approved a contract with an engineering firm to design improvements for the most visited site on the trail, the Sarah's Memorial Cemetery. In 2007, the County received an easement from the cemetery's property owners that would allow for a brick paver sidewalk to Zora Neale Hurston's gravesite and other improvements to the site. Phase 1 of the project includes a brick paver sidewalk, four parking spaces and a tour -bus drop off area. A Port St. Lucie Company has provided the lowest quote at $24,245. The goal is to complete Phase 1 of the project by the April Zora Fest to maximize on the press and out of state visitors that should be in St. Lucie County for the premier of the Zora documentary. FUNDS AVAILABLE: The $24,245 project costs are available in the Tourism North County Capital account #362-9910-599300-800. PREVIOUS ACTION: On September 19, 2006, the BOCC authorized Keith and Schnars, PA Engineering Firm to develop plans for the site. On January 22, 2007, the BOCC approved an easement with the cemetery's landowners to allow for the improvements. RECOMMENDATION: Staff recommends that the Board approve allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. COMMISSION ACTION: '.APPROVED [] DENIED [] OTHER: Approved 5-0 Review and Approvals County Attorney: Daniel McIntyre Nest,--J--7 7 Originating Dept: William Hoeffner' CONCURRENCE: Faye W. Outlaw, PA County Administrator Management & Budget: Robert O'Sullivan ' Marie Gouin ?'11a�` l COUNTY F L O R 1 D A MEMORANDUM ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT TO: Board of County Commissioners FROM: Jody Bonet, Cultural Affairs Manager q1- SUBJECT: Funding for Improvements to the Zora Neale Hurston Dust Tracks Heritage Trail DATE: February 24, 2009 The Zora Neale Hurston Dust Tracks Heritage Trail was developed with funds from the Florida Humanities Council, the Friends of the Library, the County and the City of Fort Pierce. It has received state recognition and has received the following two awards: • "Roy Kenzie Award" from the Florida Redevelopment Association in 2004, and • Florida Trust for Historic Preservation, Inc. FLORIDA PRESERVATION AWARD 2005 for the recognition of the significant achievement in the preservation of Florida's rich Heritage. In recognition of outstanding achievement in the field of Preservation Educational Media. Although Eatonville has a similar heritage trail featuring Zora's childhood years, most of their sites are of vacant properties. The trail in Ft. Pierce still has the actual buildings where Zora Neale Hurston had lived, worked at the Chronicle, taught at Lincoln Park Academy, visited Beanie Backus, and her grave site. Zora Neale Hurston had written over 140 short stories, articles, poems, songs and plays. Her books are sold throughout the world and have been translated into languages as different as Swedish, Italian and Korean. At the last four Zora Festivals, three 25-seat buses carried the visitors along the trail. During the last two years, one bus was set up as a shuttle between the festival, her home and the gravesite. The tour guides are required to ask the visitors if they are local or from out of town. It was determined that fifty percent of the people that take the tours are from outside of the Treasure Coast. In addition, many of the festival visitors drive to the grave. Thus, for the last four festivals, it is estimated that 2,500 out of town visitors have visited the grave site and the home. The goal of the Zora Neale Hurston Heritage Trail and our annual Zora Fest was to try to attract some of the visitors that attend the Eatonville Festival in January. The Eatonville Festival is in its twentieth year and has boasted attendance numbers from 25,000 to 100,000 people. On September 19, 2006, the BOCC authorized Keith and Schnars, PA Engineering Firm to develop plans for improvements at the Sarah's Memorial Cemetery. On January 221, 2007, the Board of County Commissioners approved a ten-year easement for the area of the proposed improvements at the Sarah's Air Memorial Cemetery. In addition, the BOCC has approved funds to produce "Zora, the Documentary" that will be shepherded throughout the country by Lucy Anne Hurston while promoting her books. The documentary features the people, the places and events in St. Lucie County which we hope will attract additional cultural heritage visitors to the area. The proposed request to utilize the Tourism North County Capital Funds is to construct Phase 1 by this year's Zora Fest which will be held the first weekend in April. The first phase includes a brick paver sidewalk to the gravesite, four parking spaces and bus drop off area. Three quotes have been received for the project with the lowest quote just under $25,000. The second and third phases are for resurfacing the driveway, adding a pavilion, an educational kiosk and a trail link to the Taylor Creek canal. In addition, removing of Brazilian peppers and the planting of natives would also improve the site. Quotes have not been obtained for Phase 2 and 3. It is hoped that the Tourism capital fund could be used to complete Phase 2 and 3 by the 2010 Zora Fest. During this year's Zora Fest, we will be having a red -carpet premier of "Zora, the Documentary" and will be sending out invitations nationally to many important dignitaries. In addition, Harpers Collins Publisher will assist in the promotion of the events which should also attract many new visitors to St. Lucie County. With the rise in cultural heritage tourism and the following of Zora Neale Hurston, this investment to improve the Dust Tracks Heritage Trail should attract many visitors to St. Lucie County. Staff Recommendation: Staff recommends that the Board of County Commissioners authorize the use of Tourism Capital Funds in the amount of $24,245 to assist with completing the Phase 1 improvements to the Zora Neale Hurston Dust Tracks Heritage Trail at the Sarah's Memorial Cemetery location. lu o n N Of L11" ONO V. 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Qc �o O Q Q_(p (D D3 S� nFrn Q Q �Q Q —O (D �z 0 -V n NN(D U-0 Q �n0 (D c �T c y $icy 3(Q Q s D� �O S. NAG •c n3 0-0 6 Q Q Dn c ^ S��0 O (D m a (Q N A C!]y '� (D Q Q N w 0 N(D 0 Q -^S—. (D C� n [mi c S Q n Q (p c �y c 0 (0 3 N m A �-,mQ-�M30Boac -00 r) cQ03N0S n (D (D q m Q O< s 3 (D Q _ z �1 m (D O A z m T�� Q m e N m °•�� �.c`< Q 3 • c Dm(0 c C -('Sr ° 3' n' Q T.� N 3 N n n O c `G O n m M X s m 0 D - CD 3 Q O 0 n c �(D �• 3 7 N (D (p T` — N m Q 0 Q O s0 Ln �O2 4. a A�dli. f �*'r ,�. � ii4��z � a �'[(fi� •ate t 1� C I AGENDA REQUEST ITEM NO. VI-E TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES DATE: Feb. 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: First Extension to Contract #C06-04-408 with Life Safety Systems, Inc., to provide fire sprinkler system inspection, testing and maintenance for County facilities. BACKGROUND: See attached memorandum FUNDS AVAIL: 107-712-546000-1645 (Equipment Maintenance)107-1940-546000-100 (Equipment Maintenance) 001-1925-546000-100 (Equipment Maintenance) PREVIOUS ACTION: On April 11, 2006, the Board awarded Bid #06-036, fire sprinkler system inspection, testing and maintenance for County facilities to the lowest bidder Life Safety Systems, and entered into Contract #C06-04-408. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the First Extension to Contract #C06-04-108 with Life Safety Systems, Inc., to provide fire sprinkler system inspection, testing and maintenance for County facilities. This First Extension will extend the term of the contract through and including April 10, 2010. Staff further recommends the Board authorize the Chair to sign the First Extension as prepared by the County Attorney. MISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Coordination/Sign414r6/S County Attorney: Dan M Originating Dept: Do Finance: (Check for Copy only, if Applicable) CONCURRENCE: Faye W. Outlaw, IOPA County Administrator Mgt. &Budget: kr assi M0, gr.: TJ�h_Mane Gouin �1( \ kFIX— " k-n Other: Other: Eff. 1 /97 H:\AGENDA\AGENDA-326 LIFE SAFETY -FIRST EXTENSION.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Board of County Commissioner FROM: Don McLam, Assistant Direc DATE: February 24, 2009 SUBJECT: First Extension to Contract #C06-04-408 with Life Safety Systems, Inc., to provide fire sprinkler system inspection, testing and maintenance for County facilities. BACKGROUND: On April 11, 2006, the Board awarded Bid #06-036, fire sprinkler system inspection, testing and maintenance for County facilities to the lowest bidder Life Safety Systems, located in Port St. Lucie, FL, and entered into Contract #C06-04-408. The initial term of the contract ends April 10, 2009, with the option to extend the term of the contract for two (2) additional one-year terms. Staff is seeking approval to exercise the first one-year option and extend the term of the contract through and including April 10, 2010. (Please see the attachment.) W ATTACHMENT �� Je- � b_ �. C06-04-408 FIRST EXTENSION OF CONTRACT BETWEEN ST LUCIE COUNTY AND LIFE SAFETY SYSTEMS, INC. THIS FIRST EXTENSION, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and LIFE SAFETY SYSTEMS, INC., or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, on April 11, 2006, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for fire sprinkler system inspection, testing and maintenance for county facilities for an initial term until April 10, 2009, with the option to extend the term of the Contract for two (2) additional one-year terms thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Contract through and including April 10, 2010. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including April 10, 2010 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK 1 BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY C06-04-408 WITNESSES: LIFE SAFETY SYSTEMS, INC. By: Print Name: AGENDA REQUEST ITEM NO. VI-F DATE: February 24, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): Tourism Charlotte LombardL Tourism Development Manager SUBJECT: First extension and increase to contract C07-11-670 with Comet Creative, Inc. to provide advertising services for the St. Lucie County Tourism Division. BACKGROUND: See attached memorandum FUNDS AVAILABLE: 611-5210-534000-500 (Other Contract Service) PREVIOUS ACTION: The original contract was approved by the BOCC in November 2007. This contract expires November 7, 2009. RECOMMENDATION: Staff recommends the Board of County Commissioners approve a first amendment to for a one-year renewal option and increase to Contract C07-11-670 with Comet Creative, Inc. to provide advertising services for St. Lucie County Tourism. The first renewal option will extend the term of the contract through November 6, 2010 and will increase the monthly retainer of this contract from $4,167 to $8,250 beginning February1, 2009. In addition, consider a $50,000 increase of additional monies for expanded duties under the St. Lucie County TDC/Grand Bahama Island Partnership initiative. Staff further recommends the Board authorize the Chair to sign the first amendment as prepared by the County Attorney. COMMISSION ACTION: APPROVED [] DENIED [] OTHER: Approved 5-0 CONCURRENCE: ye W. Outlaw, MPA County Administrator Review and A Is County Attorney: f r r!^�y �? Management & Budget: j Purchasing: Originating Dept: i, n Other: ra U �k,15+1;1A'6aw-'_f I'V6? Other: Finance: ( hec-k for Copy only, if applicable) Effective: 5/96 TOURISM MEMORANDUM TO: Board of County Commissioners L FROM: Charlotte Lombard, Tourism Development Manager DATE: February 24, 2009 RE: Board approval of first extension and increase to contract C07-11-670 with Comet Creative,lnc. Background: On November 7, 2007 entered into Contract C07-11-670 with Comet Creative, Inc. to provide advertising services for the St. Lucie County Tourism Division. The initial term of the contract ends November 7, 2009 with the option to negotiate an extension for two additional terms of one year each. The Tourist Development Council approved the proposed amendment on February 11, 2007. Staff is seeking Board approval to amend the contract to exercise the first one-year renewal option and increase the monthly retainer amount for the second and third year of the contract term from $4,167 to $8,250 and allow for additional monies for the expanded duties under the St. Lucie County TDC/Grand Bahama Island Partnership initiative in the amount of $50,000. (Please see attachments) The tourism division is funded through St. Lucie County's tourist development tax. Recommendation: Staff further recommends the Board authorize the Chair to sign the first amendment to the November 7, 2007 agreement between St. Lucie County and Comet Creative, Inc. �i kl C07-11-670 FIRST AMENDMENT TO NOVEMBER 7, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY AND COMET CREATIVE, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and COMET CREATIVE, INC. or his, its or their successors, executors, administrators, and assigns (the "Consultant'). WHEREAS, on November 7, 2007, St. Lucie County and Blair Advertising, Inc. entered into a two year contract in which the Consultant agreed to provide advertising services for the St. Lucie County Tourist Division ("SLCTC"); and WHEREAS, on December 9, 2008, the parties executed the assignment of agreement whereby assigning the rights, duties, liabilities, and obligations of the agreement from assignor (Blair Advertising, Inc.) to assignee (Comet Creative, Inc.) WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option and increase the monthly retainer amount for the second and third year of the contract term and allow for additional monies for the expanded duties under the St. Lucie County TDC/Grand Bahama Island Partnership initiative. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: Paragraph 4. TERM shall be amended to read as follows: 4. TERM The term of this Agreement shall be for the period November 7, 2007 through and including November 6, 2010. The parties reserve the option to negotiate an extension of this Agreement for one additional term of one year. In order to exercise this option, the parties must agree to extend the Agreement in writing no later than thirty (30) days prior to the termination date of the then current term. 2. Paragraph 6. COMPENSATION shall be amended to read as follows: 6. COMPENSATION The Consultant shall be compensated for all services rendered during the first year of the current term of this Agreement (November 7, 2007 — January 31, 2009) in an annual amount not to exceed fifty thousand and 0/100 dollars ($50,000.00) which shall include a monthly retainer fee of four thousand one hundred sixty-seven and 00/100 dollars ($4,167.00) dollars per month. The Consultant shall be compensated for all services rendered during the second and third year of the Agreement (February 1, 2009 — November 6, 2010) 1 '41ft r C07-11-670 in an annual amount not to exceed ninety-nine thousand and 0/100 dollars ($99,000.00) which shall include a monthly retainer fee of eight thousand two hundred fifty and 00/100 dollars ($8,250.00) dollars per month. In addition, the Consultant shall be compensated for additional services rendered during the current term of this Agreement, for the St. Lucie County TDC/Grand Bahama Island Partnership, as set forth in the Exhibit "C", in a total amount not to exceed fifty thousand and 0/100 d ollars ($50,000.00) The monthly retainer fee for any subsequent term of the Agreement shall be agreed upon by the parties in writing no later than thirty (30) days prior to the termination date of the then current term. The total annual budget for any subsequent term of the Agreement shall be agreed upon by the parties in writing no later than thirty (30) days prior to the termination date of the then current term. The parties acknowledge and agree that this is the total amount allocated for advertising services and is also intended to cover the design cost of printed materials, research, and advertisement placements, including commissions. The County Project Coordinator will provide direction to the Consultant regarding the allocation of funds for each advertising campaign. The compensation paid to the Consultant for services rendered hereunder, other than those set forth in Exhibit "A", shall be as authorized in individual Work Authorizations approved as provided above and shall be calculated using the rate schedule attached hereto and incorporated herein as Exhibit "B". The Consultant shall submit detailed invoices with supporting backup information, including media affidavits for each television and radio commercial placed and tear sheets for each print advertisement, to the County when requesting payment for a proposal. Such invoices include detail sufficient for pre -audit and post audit review by the County. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 2 WITNESSES. 3 COMET CREATIVE, INC. BY: Print Name: C07-11-670 EXHIBIT "C" Initiate the framework for a St. Lucie County TDC/Grand Bahama Island partnership for the development of mutually beneficial economic and tourism marketing programs, projects and activities Identify stakeholders and other partners to develop opportunities to further enhance the success of the Grand Bahama Island partnership Ensure that progress is maintained towards an agreed partnership with scope and timeline Administer meetings and draft working documents as required Coordinate stakeholders and other partner activities towards mutually beneficial programs Develop programs, draft and execute budget, and media buys for events or promotions as it relates to the St. Lucie County TDC/Grand Bahama Island partnership Act as the operating arm for the St. Lucie County TDC and Grand Bahama Island partnership, as it relates to travel and tourism marketing programs The maximum cost for these additional services shall not exceed a total amount of $50,000.00. AGENDA REQUEST ITEM NO. VI-G1 DATE: Feb. 24, 2009 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to award Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds will be available through the following account: 001-2120-564000-2615 —Central Communications Funds Funding is from a leftover available balance of $512,017.00 from the PC/Servers Replacement Program. PREVIOUS ACTION: On August 19, 2008, the Board approved the permission to advertise the Request for Proposal for a microwave system for the new Emergency Operations Center. RECOMMENDATION: Staff recommends the Board of County Commissioners award Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81 and authorize the Chair to sign. Also, approve Budget Amendment #BA09-012. COMMISSION ACTION: XAPPROVED DENIED OTHER: Approved 5-0 .00tounty Att Anginatint Finance: CONCURRENCE: aye W. Ou w, MPA County Administrator Review and Approvals 60mana emaent Budget: i� /purchasing: %n Q_ �'k'l�tGtd1 Wt�tf�''4Yf �'�1 (Y�i:T►t �DIu�L ��ce eC � c�.:.�- C� Other: icable: Other: Inter -Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T. Southard, Direct SUBJECT: Communications International, Inc. Microwave System DATE: February 24, 2009 *********************************************************************** On August 19, 2008, the Board of County Commissioners approved the permission to advertise the Request for Proposal for a microwave system for the new Emergency Operations Center. The 800 MHz Public Safety radio communications system's prime site must remain at the current location, 101 N Rock Rd. The microwave system will connect the prime site of the 800 MHz Public Safety radio system from its current location to the remote site at the new Emergency Operations Center located at 15305 W. Midway Rd. The microwave system will replace the need for thirteen (13) T-1 lines to transport communications, voice and data, at a cost of $101,000 per year. The cost of the microwave system will pay for itself in twenty-two months and provide the capability for future growth. Request for Proposal (RFP) #08-027 was issued on September 21, 2008 and closed on October 22, 2008. Two hundred and fifty-two companies were notified, twenty-four RFP packages were issued and four responses were received. Of the four responses, Communications International, Inc was the lowest bidder. The ranking is as follows: Ranking Firms Score 1 Communications International Inc 281 2 Western Technical Services 272 3 Motorola 220 4 GE/MDS, LLC 187 Staff recommends the Board of County Commissioners award Request for Proposal (RFP) #08-072, Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. in the amount of $182,725.81 and authorize the Chair to sign. Also, approve Budget Amendment # BA09-012. PURCHASING DIVISION TO: Jack Southard, Public Safety Director FROM: Desiree Cimino, Procurement Coordinator SUBJECT: RFP 08-072 Digital Microwave System for the new EOC DATE: February 9, 2009 The Selection Committee reconvened on February 9, 2009 and ranked the four firms that submitted proposals for RFP #08-072 Digital Microwave System for the New Emergency Operations Center. The Committee ranked the responding firms as follows: Ranking Firms Score 1 Communications International, Inc 281 2 Western Technical Services 272 3 Motorola 220 4 GE/MDS, LLC 187 The selection committee recommends awarding RFP #08-072 Digital Microwave System for the new Emergency Operations Center to Communications International, Inc. of Vero Beach, Florida BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — RFP# 08-072 PURCHASING DEPARTMENT DIGITAL MICROWAVE SYSTEM FOR THE NEW EMERGENCY OPERATIONS CENTER OPENED: OCTOBER 22, 2008 AT 2:00 PM FOUR (4) submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. CII COMMUNICATIONS INTERNATIONAL INC. Contact: Kelly Thomas I Phone: 772-978-4138 Fax: 772-539-2672 Address: 4450 US Highway 1, Vero Beach, FL 32967 GE/ MDS LLC. Contact: Mathew Abraham Phone: 585-241-5529 Fax: 585-242-8349 Address: 175 Science Parkway, Rochester, NY 14620 MOTOROLA Contact: Edward Fuerst Phone: 407-562-4000 Fax: 407-562-4001 Address: 1064 Greenwood Boulevard, Suite 400,Lake Mary, FL 32746 WST WESTERN TECHNICAL SERVICES Contact: Christopher Gibbons I Phone: 714-998-2121 1 Fax: 714-998-7808 Address: 4750 East Adamo Drive, Tampa, FL 33605 NUMBER OF COMPANIES NOTIFIED*: 252 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 24 NUMBER OF BIDS RECEIVED: 4 * - Per demandstar.com JOSEPH E. SMITH, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator — Douglas M. Anderson 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucie.fl.us TO: FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety -Central Communications PREPARED DATE: 2/13/2009 AGENDA DATE: 2/24/2009 1-2120-564000-2615 Machi Pri 182,726 REASON FOR BUDGET AMENDMENT: There is a leftover available balance of $512,017 from the PC / Servers Replacement program. Part of this funding is to pay for the Microwave Transmission equipment that is needed for the new EOC. CONTINGENCY BALAN THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a BA09-012 PC/Servers Replacement: 2008109 2008109 Project Budget: 895,703 Computer Replacement 112,403 Server Replacement, 47,213 Software License Agreement 199,070 Additional Expenses' 25,000 383,686 Available Balance 512,017 `Attomey and Financial Advisor fees Future Payments 2069110 2010111 2011M2 2012/13 2013114 223,311 223,359 110,946 93,683 93,721 93,720 93,721 46,491 244,302 226,789 226,789 227,858 -. 561,296 543,869 431,455 321,579 46,491 IN AGENDA REQUEST ITEM NO. VI-G2 DATE: Feb. 24, 2009 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to award Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds will be available through the following accounts: 001437-2120-564000-200 - $126,211.50 — Grant from the State of Florida 107001-2120-564000-2615 - $57,946.50 — E911 Wireless Funds 107002-2120-564000-2615 - $161,592.00 — E911 Wireline Funds PREVIOUS ACTION: On January 22, 2008, the Board approved submitting the application to the State of Florida E911 Grant Program. On November 25, 2008, the Board approved permission to advertise for the purchase and installation of the dispatch console workstations for the new 911 Center. On December 9, 2008, the Board accepted the grant funding from the Florida E911 State Grant Program in the amount of $126,211.50 to purchase furniture for the new 911 Center. RECOMMENDATION: Staff recommends the Board of County Commissioners award Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00 and authorize the Chair to sign. Also, approve Budget Amendment # BA09-011. COMMISSION ACTION: CONCURRENCE: ]CAPPROVED DENIED OTHER: Approved 5-0 aye W. Outlaw, A County Administrator Review and Approvals ounty Attorney: Xam/purchasing: �k-rku*W&Ak tvoa irt originating De A Other: Other: k T Southard) Finance: Che r copy only, if applicable: Inter -Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commiss' FROM: Jack T. Southard, Direct SUBJECT: Xybix Systems, Inc. 911 Dispatch Console Furniture DATE: February 24, 2009 On January 22, 2008, the Board approved submitting the application to the State of Florida E911 Grant Program. On November 25, 2008, the Board approved permission to advertise for the purchase and installation of the dispatch console workstations for the new 911 Center. On December 9, 2008, the Board accepted the grant funding from the Florida E911 State Grant Program in the amount of $126,211.50 to purchase furniture for the new 911 Center. Request for Proposal (RFP) #09-014 was issued on November 25, 2008 and closed on January 14, 2009. One hundred companies were notified, twenty-six RFP packages were issued and three responses were received. There are no local vendors available who provide this equipment and Xybix operates from Littleton, Colorado. Of the three responses, Xybix Systems, Inc was the lowest bidder. The ranking is as follows: Ranking Firms Score 1 Xybix Systems, Inc 258 2 Watson Furniture Group, Inc 177 3 Evans Consoles 154 Staff recommends the Board of County Commissioners award Request for Proposal (RFP) #09-014, Central Communications Dispatch Consoles for the new 911 Center located at the new Emergency Operations Center to Xybix Systems, Inc. in the amount of $345,740.00 and authorize the Chair to sign. Also approve Budget Amendment #09-011. PURCHASING DIVISION TO: Jack Southard, Public Safety Director FROM: Desiree Cimino, Procurement Coordinator SUBJECT: RFP 09-014 Central Communications Dispatch Consoles DATE: January 20, 2009 The Selection Committee met on January 20, 2009 and ranked the three firms that submitted proposals for RFP #09-014 Central Communications Dispatch Consoles. The Committee ranked the responding firms as follows: Ranking Firms Score 1 Xybix Systems, Inc 258 2 Watson Furniture Group, Inc 177 3 Evans Consoles 154 The selection committee recommends awarding RFP #09-014 Central Communications Dispatch Consoles to Xybix Systems, Inc. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — RFP# 09-014 CENTRAL COMMUNICATIONS DISPATCH CONSOLES OPENED: JANUARY 14, 2008 AT 3:00 PM THREE (3) submittals were received for subject proposal: PURCHASING DEPARTMENT ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. EVANS CONSOLES INC. Contact: Nick Yaskiw Phone: 403-717-3035 Fax: 403-250-6549 Address: 1616-27t Ave, Calgary, Alberta, Canada T2E 8W4 WATSON FURNITURE GROUP INC. Contact: Michael O. Wri h I Phone: Fax: 360-394-1322 Address: 26246 Twelve Trees Lane, NW Poulsbo, WA 98370 XYBIX SYSTEMS INC. Contact: Ken Carson/Barry Carson I Phone: 800-788-2810 Fax: 303-683-5454 Address: 8207 SouthPark Circle, Littleton, CO 80120 NUMBER OF COMPANIES NOTIFIED*: 100 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 26 NUMBER OF BIDS RECEIVED: 3 * - Per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator- Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-lucie.fl.us i 1 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety -Central Communications PREPARED DATE: 2/13/2009 AGENDA DATE: 2/24/2009 = ACCOUNT NUMBER ACCO.UNT#NAM MQ-UNTM TO: 107001-2120-564000-2615 Machinery & Equipment $57,937 107002-2120-564000-2615 Machinery & Equipment $161,592 FROM: 107001-2120-512000-200 Salaries $10,000 107001-2120-513100-200 Salaries -Temporary Employees $5,000 107001-2120-514000-200 Overtime $5,000 107001-2120-540000-200 Travel $5,000 107001-2120-544100-200 Equipment Rental $32,937 107002-2120-512000-200 Salaries $50,000 107002-2120-513100-200 Salaries -Temporary Employees $50,000 107002-2120-514000-200 Overtime $30,000 107002-2120-544100-200 Equipment Rental $31,592 REASON FOR BUDGET AMENDMENT: Move the funds from purchase of E911 Furniture at the new EOC. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA09-011 account lines to cover the N. AGENDA REQUEST FIRM COUNTY F L O R E D A TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY SUBMITTED BY (DEPT): Administration/Human Resources ITEM: VIA DATE: 02/24/2009 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] Carl Holeva, Director, Human Resources SUBJECT: Reclassification of Environmental Resources Director position from pay grade EX-1 to EX-4. BACKGROUND: Please see attached memorandum and attachment. FUNDS AVAIL: 001-3921-512000-300, Salaries Account PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of the Environmental Resources Director position to be reclassified from EX -I salary range $54,504.80 - $88,112.41 to EX-4 salary range $70,723.84 - $113,047.80. Reclass Req 4 RC09-002 COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 aye W. Outlaw, MPA County Administrator Review and Approvals -4 �1 County Attorney: Management & Budget: T. Johnson Purchasing: Originating Dept. Carl Holeva. HR Other: Other: Finance: (Check for Copy only, if applicable)__ BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CARL HOLEVA AGENDA VI- L TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: February 24, 2009 SUBJECT: Request Board approval to Reclassify the Environmental Resources Director position from Pay grade EX-1 to Pay grade EX-4. BACKGROUND: In the past four years, the position of Environmental Resources Department Director has evolved from that of a small division headed by an Environmental Resources Manager to that of an independent department headed by a Director. The Department has the primary function of protecting & enhancing the natural resources of the County through environmental regulations, permitting, land acquisition and management and public education. These duties have a wide ranging impact, from individual homeowners seeking vegetation removal permits to landowners and developers seeking building permits, major and minor site plan approval and review of developments of regional impact. This position not only requires a solid background in environmental sciences, but also strong management skills and experience, particularly in regulatory matters. It has become evident that in order to attract and retain the talent necessary to lead this department into the future it is necessary to reclassify the position from its current pay grade of EX-1 to EX-4 to give the County more latitude in attracting a Director with the necessary experience and skills to lead this very important department within St. Lucie County government. Other Director positions in the County with an EX-4 pay grade include Growth Management, Human Resources, OMB, and Solid Waste. RECOMMENDATION; Staff recommends Board approval to reclassify the position of Environmental Resources Director to pay grade EX-4 from EX- l . Attachment: Position Reclassification for FY2008/2009 Current Job Description, Environmental Resources Director CHRIS DZADOVSKY, Disrricr No. 1 • DOUG COWARD, Disnicr No. 2 • PAULA A. LEWI5. Disrricr No. 3 • CHARLES GRANDE Disrricr No. 4 • CHRIS CRAFT Disrncr Nc. 5 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1546 • TDD (772) 462-1428 FAX (772) 462-2361 • Job Line (772) 462-1967 • email: holevocCsrlucieco.org web sire: www.srlucieco.org ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION RECLASSIFICATION FOR FISCAL YEAR 2008-2009 DEPARTMENT: Environmental Resources RECOMMENDED: X IYES1 INO I ILIEVISED DIVISION: 3920 APPROVED YES NO REVISED CURRENTLY REQUESTED BUDGET IMPACT POSITION TITI Env. Resources Dir. Same JOB CODE: 541 same PAY GRADE: EX-1 EX-4 PAY SCALE: $54.504.80 - $88.112.41 $70.723.84 - $113,047.80 SALARY: $80,000 $91.864 $11,864 BENEFITS: $40.994 $43,796 $2.802 TOTALBUDGfl $120,994 $135,660 $14.666 In order to attract and retain the talent and experience necessary for this critical position within the County, Staff respecfully requests that this position be reclassified from it's orginial EX-1 pay grade to that of EX-4. This will allow the County Administrator the flexibility to make an offer yo to and including the mid -range of EX-4, currently $91.863.74. REI RC09-002 ACCOUNT#: 001-3921-512000-300 JOB CODE: 541 PAY GRADE: EX1 SALARY: NEGOTIABLE ENVIRONMENTAL RESOURCES DIRECTOR MAJOR FUNCTION: Advanced professional and administrative work overseeing a department responsible for environmental development reviews, permits, programs and projects. Work involves providing recommendations to the County Administrator or designee on programs and policies related to environmental regulations and permitting, educational programs, land acquisition and management and other services. Top management position responsible for the oversight of personnel and budgets and planning and implementation of environmental reviews, regulations, land management and educational programs, projects and studies. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Thorough knowledge of state, federal and local environmental and conservation regulations, principles and objectives. Knowledge of applicable state and local land use regulations and planning techniques. Thorough knowledge of Florida ecosystems. Abilities: Ability to manage the planning and operation of a department, to include oversight of budget, staff and policies, procedures and regulations. Ability to establish and maintain effective working relationships with supervisors, County officials, employees, and general public. Ability to exercise sound judgment in decision making. Ability to communicate effectively, both orally and in writing. Knowledge of computer programs utilized in the performance of job related tasks. Ability to take initiative, work independently and advance multiple projects simultaneously. Essential Job Function: Work is performed with considerable independence and initiative underthe direction of the County Administrator or his designee. Work is reviewed through conferences, reports and program achievements. Serves as the County's principle professional for policies and programs involving environmental development reviews, regulations, environmental lands, and education. Ensures staff provide clear and accurate environmental reports, reviews and information to County departments, staff and elected officials, state and county agencies, interest groups, developers and general public. Consults, coordinates and makes presentations at public meetings. Manages and supervises the department in a manner conducive to full performance and high morale. Ensures compliance with grant requirements and state and federal regulations related to environmentally sensitive lands. Prepares and monitors department budget. Performs related work as required. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good vision and hearing with or without correction. Frequent walking, standing. Frequent outdoor programming. Ability to lift 30 lbs. Ability to drive a passenger motor vehicle. Occasional site visits in variety of conditions. ENVIRONMENTAL CONDITION REQUIREMENTS: Indoor and outdoor working conditions. Frequent work inside office in a sedentary posture. Frequent public contact both in and outside of office. WORK HAZARDS: Possible contraction of communicable diseases (cold, flu, etc.) due to heavy public contact. Possible injury due to auto travel. SAFETY EQUIPMENT USED OR NEEDED: Automobile safety belt. EDUCATION: Graduation from an accredited four (4) year college or university with a B.S. degree in Natural Science, Environmental Science, Planning, Biology/Botany, Forestry or closely related field. EXPERIENCE: A minimum of three (3) years upper -level management experience overseeing an environmental department, agency or program which included responsibility for development review, permitting or other regulatory functions. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida driver's license required and a good driving record. Certification as Ecologist, Professional Wetland Specialist or Environmental Professional recommended. Union Non -Union Exempt Non -Exempt Revised 1/2008 AGENDA REQUEST ITEM NO: VI-11 DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Stefanie Myers, Assistant Director SUBJECT: FY 2008/2009 Community Services Block Grant (CSBG) Modification of Agreement with Florida Department of Community Affairs and Budget Resolution 09-061 to budget the additional funds. BACKGROUND: The Florida Department of Community Affairs has allocated additional funds that were unexpended from the FY07/08 allocation to all the Community Action Agencies in the State. The allocation for FY07/08 was $288,424. This year, the Treasure Coast Community Action Agency is receiving a base increase of $14,878 and carryover funds from FY07/08 of $9,363. The total contract increase will be $24,241, for a total of $309,853. These funds will be allocated in the following manner: $15,391 to St. Lucie County, $4,596 to Martin County and $4,254 to Okeechobee County. FUNDS AVAIL: 001501-6420-331691-600 (CSBG Grant) PREVIOUS ACTION: Original contract was accepted on October 28, 2008. RECOMMENDATION: Approve the proposed Modification Agreement with the Florida Department of Community Affairs for the FY2008-2009 Community Services Block Grant and Budget Resolution 09-061 to budget the funds, and authorize the Chair to sign all necessary documents. COMMISSION ACTION: [�q APPROVED [ ] DENIED [ ] OTHER Approved 5-0 County Attorney: x •" Daniel S. McIntyre/Heather Yoyi,Qg� Originating Department: Beth Ryder CONCURRENCE: ye W. Outla , A County Administrator Coordination/Signatures r, Management & Budget 14J (.d w Purchasing: Marie Gouin/ Sophia Holt i Other: Other: COUNTY F L O R I D A COMMUNITY SERVICES MEMORANDUM #09-126 TO: Board of County Commissioners FROM: Stefanie Myers, Assistant Director SUBJECT: FY 2008/2009 Community Services Block Grant (CSBG) Modification of Agreement with Florida Department of Community Affairs. DATE: February 24, 2009 The Florida Department of Community Affairs has allocated additional funds that were unexpended from the FY07/08 allocation to all the Community Action Agencies in the State. The allocation for FY07/08 was $288,424. This year, the Treasure Coast Community Action Agency is receiving a base increase of $14,878 and carryover funds from FY07/08 of $9,363. The total contract increase will be $24,241, for a total of $309,853. These funds will be allocated in the following manner: $15,391 to St. Lucie County, $4,596 to Martin County and $4,254 to Okeechobee County. Funds for St. Lucie County will be used to assist with eligible clients including but not limited to education, nutrition support, disaster relief, transportation and after school programs in support of employment, and asset development. Martin County will utilize their funding to provide rent, mortgage or utilities payment assistance to prevent eviction or termination of utilities, as well as medical care. Okeechobee County will provide homemaking, personal care and respite care services to maintain independent living with senior citizens. Recommendation: Approve the proposed Modification Agreement with the Florida Department of Community Affairs for the FY2008-2009 Community Services Block Grant and Budget Resolution 09-061, and authorize the Chair to sign all necessary documents. C: Faye Outlaw, County Administrator Lee Ann Lowery, Assistant County Administrator Beth Ryder, Director RESOLUTION NO. 09-061 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Community Services Block Grant from the Florida Department of Community Affairs in the amount of $24,241. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of February, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 001501-6420-331691-600 Dept. of Health and Human Services $24,241 APPROPRIATIONS 001501-6420-549605-600 Domestic Subsidy $15,391 001501-6420-581065-600 Martin County $4,596 001501-6420-581075-600 Okeechobee County $4,254 $24,241 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF FEBRUARY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY t ♦.. FLORIDASTATE OF DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Govemor UECMVMoy TO: Community Services Block Grant Recipients FROM: Hilda Frazier, Manager �(� FEB o 5 20M Community Assistance Section .04 DATE: February 2, 2009 COWMMs`+tt'}► SaMCAW SUBJECT: FY 2008-2009 Communitv Services Block Grant Modifications The Department of Community Affairs (DCA) is accepting modifications to your current Community Services Block Grant (CSBG) contract. This modification incorporates carry -forward funds from your FY 2007-2008 CSBG contract and additional CSBG funding. It also increases your agency's authority to incur costs. DCA will release the balance of the funds in July after new State budget authority is received. Last contract year, DCA provided instructions clarifying the definition of administrative expenses and direct client expenses. Some expenses you previously included as administrative expenses may be more properly budgeted as direct client expenses. Agencies that did not make this change in their budget at that time should do so now. See instructions included. Also, take this opportunity to review your current fiscal and program status. Revise your budget and work plan in light of year-to-date fiscal expenditures and program accomplishments. This modification is due to DCA no later than March 30, 2009. However, you should submit the modification to the Department as soon as possible to avoid delays in processing your request for payments. The modification will be effective when both parties have signed it. Mail three modification packages with original signatures to: Ms. Hilda Frazier, Manager Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Electronic copies of the modification forms have been emailed to you. All forms with the exception of Attachment B-1, Budget Summary are in Word for Windows. Attachment B1, Budget Summary is in Excel. In addition to the hard copies of the form you mail to DCA, send the Budget Summary in Excel to me as an attachment to an email at hilda.frarierf&dca.statenus. If you have any questions, please contact your financial specialist at (850) 488-7541 or by fax at (850) 488-2488. HF/sl Enclosures 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (() • Website: www dca state.fl.us • COMMUNITY PLANNING 850.488.2356 (p) 850488-3309 (n • FLORMCOMMUNITI :S TRUST 650.82 -= (p) 850-421-1747 (f ♦ HOUSING AND COMMUNITY DEVELOPMENT 850-4W7956 (p) 850-922-5623 (fl CONTRACT NO: 09SB-6V-12-00-01-027 MODIFICATION NO: 001 MODIFICATION OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and St. Lucie County Board of County Commissioners, the ("Recipient") to modify DCA Contract Number 09SB-6V-12-00-01-027 ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub -grant of $285.612 to the Recipient; and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (17xa) Funding Consideration, is hereby modified to read as follows: (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $309.853, subject to the availability of funds. The Recipient is authorized to incur costs in an amount not to exceed $91.671 until further notification is received by the Department. As funds and budget authority are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person identified in Attachment A, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. This revised contract amount includes: A. $ 285,612 Current CSBG Allocation (FY 2008-2009) B. $ 14,878 Base Increase (FY 2008-2009) C. $ 9,363 Carryover Funds (FY 2007-2008) D. $ 309,853 Total (Amended CSBG Allocation) If applicable, Attachment A, Recipient Information, Attachment B-1, Budget Summary, Attachment B-2, Sub -Recipient Information, Attachment B-3, Budget Detail, Attachment B- 4, Secondary Administration and Attachment C, Scope of Work/Workplan are hereby deleted in their entirety and replaced with Amended Attachment A, Recipient Information, Amended Attachment B-1, Budget Summary, Amended Attachment B-2, Sub -Recipient Information, Amended Attachment B-3, Budget Detail, Amended Attachment B-4, Secondary Administration and Amended Attachment C, Scope of Work/Workplan are attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT (Type Legal Name of Recipient) By: (Type Name and Title Here) Development Date: Federal Identification Number STATE OF FLORIDA DEPARTMENT OF CON WUNITY AFFAIRS By: Janice Browning, Director Division of Housing and Community Date: AGENDA REQUEST ITEM NO: VI-12 DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jessica Parrish, Housing Manage SUBJECT: Approve Resolution No. 09-045 transferring a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer. BACKGROUND: Please see Memorandum No. 09-128. FUNDS AVAIL: 189201-6420-549605-600 (Hurricane Housing Recovery) PREVIOUS ACTION: On October 14, 2008 the Board approved transferring five surplus lots for the construction of affordable housing for first time homebuyers. On August 5, 2008 the Board approved an amendment to the Agreement with Habitat for Humanity to include a New Construction Strategy, revised payment schedule for new construction and allowed the donation of lots. RECOMMENDATION: Approval of Resolution No. 09-045 to transfer a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer, authorize the Chair to sign the deed as prepared by the Property Acquisition Division, and record in the Public Records of St. Lucie, County, Florida. COMMISSION ACTION: k4 APPROVED [ ] DENIED [ )OTHER Approved 5-0 County Attorney: x l- Daniel S. McIntyre/Heather Young Originating Department: x ' Beth Ryder CONCURRENCE: XayeW. Outlaw, A County Administrator Coordination/Signatures Management & Budget x Purchasing: Marie Gouin /Sophia Holt Other: Other: l COMMUNITY SERVICES MEMORANDUM #09-128 TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Approval of Resolution No. 09- transferring a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer. DATE: February 24, 2009 Staff is requesting approval to transfer a surplus lot, 1504 Avenue J, to Habitat for Humanity to construct affordable housing for an approved first time homebuyer. Habitat for Humanity has been unable to use one of the five lots at this time, and in order to meet the deadline for the Hurricane Housing Recovery funds has requested to build on 1504 Avenue J. The lot previously transferred to Habitat for Humanity, 703 Ave. E, will be deeded back to St. Lucie County. St. Lucie County will transfer the surplus lot to Habitat for Humanity by execution of a deed prepared by the Property Acquisition Division and approved by the County Attorney. Habitat for Humanity will hold title during the construction period and will transfer title to the approved eligible applicant once construction is completed. Recommendation: Approval of Resolution No. 09-045 to transfer a surplus lot to Habitat for Humanity to construct affordable housing for an approved first time homebuyer, authorize the Chair to sign the deed as prepared by the Property Acquisition Division, and record in the Public Records of St. Lucie, County, Florida. RESOLUTION NO. 09-045 A RESOLUTION PROVING FOR THE DONATION OF ONE PARCEL TO ST. LUCIE HABITAT FOR HUMANITY, INC., A FLORIDA NON PROFIT CORPORATION, FOR THE CONSTRUCTION OF PERMANENT AFFORDABLE HOUSING PURSUANT TO SECTION 125.379(2), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 125.379(1), Florida Statutes, requires each county to prepare an inventory of all real property within its jurisdiction which is owned by the county in fee simple title and is appropriate for use as affordable housing; and, WHEREAS, Section 125.379(2), Florida Statutes, further provides that a county may donate such property to a non profit housing organization for construction of permanent affordable housing; and, WHEREAS, the inventory of real property appropriate for affordable housing as identified pursuant to Section 125.379(1), Florida Statutes, includes the five parcels set forth in the list attached hereto and incorporated herein as Exhibit "A"; and, WHEREAS, St. Lucie Habitat for Humanity, Inc., a Florida non profit corporation, provide affordable housing opportunities for residents of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby donate all right, title and interest in the parcel listed in Exhibit "A" to St. Lucie Habitat for Humanity for the construction of permanent affordable housing pursuant to Section 125.379(2), Florida Statutes. 2. In the event one of the subject lots is no longer used for affordable housing, title to such lot shall revert to St. Lucie County. 3. This resolution shall take effect upon recording in the public records of St. Lucie County, Florida. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 24th day of February, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 0�i AGENDA REQUEST ITEM NO: VI -13 DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING ( ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jessica Parrish, Housing Manager r. SUBJECT: Approval of Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. BACKGROUND: See attached Memorandum No. 09-132. FUNDS AVAIL: 185010-5420-335510-500 (SHIP FY09) PREVIOUS ACTION: On August 5, 2008, the Board approved Budget Resolution No. 08-252 to budget the funds from the State FY09 SHIP first quarter distribution. RECOMMENDATION: Approval of Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ) OTHER Approved 5-0 County Attorney: x 't Daniel S. McIntyre/Heather Young Originating Department: x Beth Ryder CONCURRENCE: aye W. Outlaw, MPA� County Administrator Coordination/Signaturef. Management & Budget x W v Purchasing: Marie Gouin/ Sophia Holt Other: Other: COMMUNITY SERVICES MEMORANDUM #09-132 TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Approval of Budget Resolution 09-058 State FY09 State Housing Initiative Partnership (SHIP) DATE: February 24, 2009 Staff requests approval of Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) allocation to Housing Assistance — Discretionary and Housing Assistance - Mandatory. The Florida Housing Finance Corporation disperses the funding quarterly; therefore it is necessary to do a Budget Resolution to properly allocate the funds for the second and third quarters. On June 15, 1993, the Board approved Ordinance 93-017 establishing the Chapter 1-10-5, Article IV, State Housing Initiative Partnerships of St. Lucie County (SHIP-SLC). Due to the difference in start dates of the State and County Fiscal Year, funds are budgeted in the current and next County Fiscal Year. Additionally, any funds recaptured through the repayment of mortgage assistance are required to be deposited into the current Fiscal Year account. Recommendation: Approval of Budget Resolution No. 09-058 to budget the funds from the State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. RESOLUTION NO. 09-058 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of the second and third quarter allocations from the Florida Housing Finance Agency SHIP, in the amount of $171,326 and $158,556 respectfully, totaling $329,882. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of February, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 185010-542 0-335510-500 APPROPRIATIONS 185010-5420-549601-500 Florida Housing Finance Agency Housing Assistance -Mandatory After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF FEBRUARY, 2009. $329,882 $329,882 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO: VI -14 DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jessica Parrish, Housing Manager SUBJECT: Approval of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. BACKGROUND: See attached Memorandum No. 09-134. FUNDS AVAIL: 189101-6420-331510-600 (HOME Investment Partnership FFY08) PREVIOUS ACTION: On November 25, 2008, the Board approved the FY 2008 HOME Investment Partnership agreement with the United States Department of Housing and Urban Development in the amount of $644,503. RECOMMENDATION: COMMISSION ACTION: j, APPROVED [ ] DENIED [ ] OTHER Approved 5-0 County Attorney: x Daniel S. McIntyre/Heat er Young Originating Department: x r Beth Ryder Approval of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. CONCURRENCE: - 00 0-14 '117- aye W. Outlaw, MPA County Administrator Coordination/Signature; Management & Budget x�TT Purchasing: Marie Gouin/ Sophia Holt Other: Other: v COMMUNITY SERVICES MEMORANDUM #09-134 TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Approval of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. DATE: February 24, 2009 Staff requests approval of Budget Resolution No. 09-056 to budget funds from the HOME Investment Partnership allocation. This is an annual allocation from the United States Department of Housing and Urban Development. These funds will be spent providing down payment assistance to the residents of the unincorporated areas of Indian River, Martin and St. Lucie Counties. St. Lucie County has been designated as the lead entity by Indian River and Martin Counties. Recommendation: Approval of Budget Resolution No. 09-056 to budget the funds from the FY 2008 HOME Investment Partnership allocation. RESOLUTION NO. 09-056 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of Home Consortium grant funds from the U. S. Dept. of Housing and Urban Development in the amount of $644,503. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of February, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 189101-6420-331510-600 US Department of Housing and Urban Dev. $644,503 APPROPRIATIONS 189101-6420-549600-600 Other Contractual Services $59,493 189101-6420-599330-600 Project Reserves $95,903 189101-6420-549600-600 Housing Discretion (SLC) $239,662 189101-6420-581065-600 Martin County $127,168 189101-6420-581093-600 Indian River $122,277 $644,503 After motion and second the vote on this resolution was as follows Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF FEBRUARY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO: VI -15 DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jessica Parrish, Housing Manager?reducie SUBJECT: Approval of Amendment No. 1 fthe grant allocation for the My Safe Florida Home Program to $750,000. BACKGROUND: See attached Memorandum No. 09-135. FUNDS AVAIL: 189202-6420-334695-600 (My Safe Florida Home) PREVIOUS ACTION: On January 15, 2008, the Board accepted the grant agreement with the Department of Financial Services for the My Safe Florida Home Program in the amount of $1,000,000. RECOMMENDATION: Approval of Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000 and authorize Chair to sign necessary documents. COMMISSION ACTION: NA APPROVED [ ] DENIED L ] OTHER Approved 5-0 County Attorney: x ` Daniel S. McIntyre/Heather Young Originating Department: x Beth Ryder CONCURRENCE: aye W. Outlaw, A r ounty Administrator Coordination/Signature Management & Budget x!" Purchasing: Marie Gouin/ Sophia Holt Other: Other: COUNTY � F L O R 1 D A COMMUNITY SERVICES MEMORANDUM #09-135 TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Approval of Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000. DATE: February 24, 2009 Due to the current economic conditions and the state budget cuts, the Florida Department of Financial Services has been asked to modify current agreements with Local Governments by reducing contract amounts in order to reduce the General Revenue deficit in the State of Florida. The Department of Financial Services has asked St. Lucie County to reduce their current allocation from $1,000,000 to $750,000. The expenditure deadline will remain the same at June 30, 2009. Recommendation: Approval of Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000 and authorize Chair to sign necessary documents. AMENDMENT 1 TO AGREEMENT BETWEEN THE DEPARTMENT OF FINANCIAL SERVICES AND ST. LUCIE COUNTY This Amendment is made and entered into by and between the State of Florida, Department of Financial Services ("the Department"), and St. Lucie County ("Recipient") to modify DFS Contract Number CF045, dated February 17, 2008 ("the Agreement"). WHEREAS, the Department desires to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is amended to decrease the maximum amount payable under the Agreement by Two Hundred Fifty Thousand Dollars ($250,000.00) to a total of Seven Hundred Fifty Thousand ($750,000.00). 2. Recipient will notify the Department when 80% of remaining funds have been expended. Such notification must be in written form. Recipient will certify in such notice that they will not exceed the revised grant amount as stated herein and will not submit a reimbursement request for any amounts in excess of the amount stated in paragraph 1 above. 3. All provisions of the Agreement being modified and any attachments thereto in conflict with this Amendment shall be and are hereby changed to conform with this Amendment, effective as of the date of the last execution of this Amendment by both parties. 4. All provisions not in conflict with this Amendment remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Amendment effective as of the date last signed. St. Lucie County: By: Name and Title: Date: Florida Department of Financial Services: Name and Title: Date: ITEM NO. VI-J AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget DATE: 2/24/09 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED B Marie M. Go n, Director SUBJECT: Request to approve Budget Resolution 09-059 to establish the budget for the grant to repair damage caused by Tropical Storm Fay. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds will be made available in 001507-4115-563000-400 Infrastructure PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 09-059 to establish the 2009 budget for the grant, and to approve using up to $1,161,414 from Emergency Reserves to match 25% of the project. COMMISSION ACTION: APPROVED () DENIED () OTHER Approved 5-0 County Attorney Public Works Don est CONCURRENCE: ?yAe M W. Outlaw, Anty Administrator Coordination/Signatures Mgmt & Budget Purchasing Robert O'Sullivan Other Finance (J for copy only if applicable) C10U-NTY - FL -- 0 R t >D A MANAGEMENT & BUDGET MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director fly4--- DATE: February 24, 2009 RE: Grant to repair damages by Tropical Storm Fay On December 2, 2008, the Board approved accepting a funding award from the United States Department of Agriculture (USDA) Natural Resources Conversation Service (NRCS) Emergency Watershed Protection Program for an amount not to exceed $3,484,246 to pay 75% of the cost of repairing damage caused by Tropical Storm Fay in Taylor Creek across from the C-25 spillway and in several locations around the Verada Ditch. The County's match for the project will be 25% and will be funded from Emergency Reserves in the General Fund. Staff recommends that the Board of County Commissioners approve Budget Resolution 09-059 to establish the 2009 budget for the grant, and to approve using up to $1,161,414 from Emergency Reserves for the 25% match. RESOLUTION NO. 09-059 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from the United States Department of Agriculture (USDA), Natural Resource Conversation Service (NRCS), Emergency Watershed Protection Program in the amount of $3,484,246 for repairing damage caused by Tropical Storm Fay in Taylor Creek and Verada Ditch. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of February, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 001507-4115-331610-400 USDA $3,484,246 APPROPRIATIONS 001507-4115-563000-400 Infrastructure $3,484,246 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF FEBRUARY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA L-"v CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION ITEM NO. VI-K I DATE: February 24, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] P ES NTED BY: Mic el Powley, E. County Engineer SUBJECT: Verada Ditch Emergency Repair Related to Tropical Storm Fay BACKGROUND: See attached memorandum. FUNDS AVAIL. N/A PREVIOUS ACTION: 12/23/08 - County Administrator signed Work Authorization No. 6 in the amount of $24,640.58. 1/13/09 - Board approved Amendment 1 to Work Authorization No. 6 (C07- 07-387) with Miller Legg for the emergency repair of Verada Ditch in the amount of $269,737.03. RECOMMENDATION: Staff is recommending Board approval of the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Verada Ditch Emergency Repair Project. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney it Daniel McIntyre vA0-16� y — > [x]Originating Dept. Public WorksW• Donald West Finance (Check for copy only, if applicable.) Verada Ditch request to waive bid process.ag CONCURRENCE: aye W. Outlaw, MPA County Administrator Coordination/Signatures /,n �J [x]Mgt./Budget & Purchasingakk Ik Marie Gouin �I(Z W 50LUVAP ,t [x]Co. Eng / � � �e 2(F tj .9 •-Z Michael Powley [ ]Road/Bridge_ [ ]Other Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVP DATE: February 24, 2009 SUBJECT: Verada Ditch Emergency Repair Related to Tropical Storm Fay BACKGROUND The Verada Ditch runs a circuitous 3-mile (+/-) path through Port St. Lucie south of Prima Vista Boulevard and west of Airoso Boulevard. Its banks suffered extensive erosion and slope failures during Tropical Storm Fay. The Natural Resource Conservation Service has committed $2 million in reimbursement funds for repair, but all work must be completed by June 18, 2009. The grant will only reimburse consultant fees in the amount of 7.5% of the construction costs. The County will be responsible for the difference. Miller Legg is currently designing the project, including permitting. A formal bidding process cannot be followed and still meet the June 18th construction completion deadline. Pursuant to Section 255.20(1) (c)1, Florida Statutes, these projects constitute an emergency for which formal bidding procedures do not apply. A subsequent Board of County Commissioner action will be required to award the construction contract. Page 2 of 2 COUN TY F L O R I D A TO: SUBMITTED BY (DEUI: SU6.)ECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST Board of County Commissioners Public Works ITEM NO. VI — K2 DATE: February 24, 2009 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [ X ] PRESENTED BY: �A Wald B. West, qublic Works Director Taylor Creek (Site 7) Shoreline Emergency Repair from Tropical Storm Fay damages. See attached memo. N/A PREVIOUS ACTION: January 13, 2009: Board approval of WA number10 with Dredging and Marine Consultants, LLC for Professional Services for the Emergency Shoreline Repair of Taylor Creek (Site 7) in the amount of $185,100. RECOMMENDATION: Public Works Staff is recommending Board approval of the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Taylor Creek Site 7 Shoreline Emergency Repair Project. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED ] OTHER: Approved 5-0 F'It"aye W. O a , MPA County Administrator Reviews and ARRrovall [X] County Attorney[X] Management & Bud et/Purchasin r Daniel McIntyre Marie Gouin A�0-5vLOVAa [X] Originating Dept -Public Works: [X] Copy to Finance Don d B. West Shai Frances Page i of 2 PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director DATE: February 17, 2009 RE: Taylor Creek (Site 7) Shoreline Emergency Repair from Tropical Storm Fay damages BACKGROUND: During Tropical Storm Fay the "Site 7" shoreline along Taylor Creek collapsed due to severe erosion (see attached photos). County Staff was successful in securing an Emergency Watershed Protection Grant in the amount of $3,484,246 from the USDA/NRCS to repair. the damaged shoreline. A bulkhead structure will be required to stabilize the "Site 7" shoreline, due to the excessive water depth at this location (approximately 40' depth). Additionally, a large dry detention pond behind the Publix Supermarket is in danger of collapse if the repairs are not expedited. Permitting may be difficult due to the location of the Project in a saltwater environment, (waters of the State). Both State and Federal Agencies will be involved in permitting of the bulkhead Project. The Project must be constructed and completed by June 18, 2009, to meet the Grant contract schedule. This will require the use of expedited permitting and emergency bidding procedures to meet the deadline. Aformal bidding process would take too long to complete, and would jeopardize possible loss of the Grant Funding. Public Works Staff is recommending an expedited process using solicitation of quotes from Contractors in lieu of formal bidding, due to the emergency nature of the Project and due to the Grant deadline for completion. A subsequent Board of County Commissioner action will be required to award the construction contract. The following is information from the Attorneys office "pursuant to Section 255.20(1)(c )1, Florida Statutes, these projects constitute an emergency for which competitive bidding procedures do not apply." Page 2 of 2 ?aa4 4 ■f � . ..�:�.� Agenda Request To: Board of County Commissioners Submitted By: Growth Management Department Item Number _y I I Meeting Date: 2/24/09 Consent [ ] Regular [ ] Public Hearing [ x ] Leg. [ x ] Quasi -JD [ ] 4arPSat'terlee, n y P Growth Management Director SUBJECT: Petition of Doctor Kenneth Palestrant, for a 12-month extension of the date of expiration for the Planned Non -Residential Development (PNRD) project known as Midway Road Professional Plaza located on the northeast corner of West Midway Road and Christensen Road, approximately 1/4 mile west of the South 25th Street and West Midway Road intersection (BCC File No. 720081501). BACKGROUND: The subject site plan project provides for the development of 12,699 square feet of emergency care and professional office space within two buildings on a 1.83 acre parcel. Prior to the expiration date of the project, the applicant submitted the attached letter requesting the 12-month site plan extension. According to the request, the recent down turn in the economy has changed the anticipated use of the property and the additional time is needed to allow for development to be completed. Staff has verified that the project lands are not in foreclosure, the owner is not in bankruptcy, nor is there any building permit or code enforcement issues related to the applicant or the project lands. An updated traffic report has been submitted and mitigation is proposed to address the project's traffic impacts. Staff has reviewed the request for a site plan extension and determined that, with the recommended conditions, it meets all applicable provisions of Section 11.02.06(B)(3) of the St. Lucie County Land Development Code. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On September 19, 2006, through Resolution No. 06-165, this Board granted Preliminary and Final Planned Non -Residential Development Site Plan Approval and a Change in Zoning to the Midway Road Professional Plaza PNRD. RECOMMENDATION: Adopt Resolution No. 09-005 granting a 12-month extension to the Final Planned Development Site Plan known as Midway Road Professional Plaza PNRD. COMMISSION ACTION: XAPPROVED 7 DENIED Approved 5-0 71 OTHER Motion to continue to 3/10/09 at 9Am or as soon thereafter as possible. County Attorney CONCURRENCE: ye W. Outlaw, MPA 10_cl�c Administrator Coordination/ Signatures /� / E.R.D.: � 1 County Surveyor: /C / ll Daniel S. McIntyre Amy-Me#ltakJ County Engineer: �!E Other: Ile " Michael Powley Other: Ron Harris Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Ictor of Growth Management ris K'n etswo Planning Manag FROM: Diana Waite, Senior Planner DATE: February 13, 2009 SUBJECT: Petition of Doctor Kenneth Palestrant, for a 12-month extension of the date of expiration for the Planned Non -Residential Development known as Midway Road Professional Plaza PNRD located on the north side of West Midway Road, approximately 1/4 mile west of South 25th Street (BCC File No. 720081501). On September 19, 2006, the Board of County Commissioners adopted Resolution No. 06-165 granting Preliminary and Final Planned Non -Residential Development (PNRD) approval for the Midway Road Professional Plaza (Attachment A). The Resolution which provided a two-year period to obtain building permits expired on September 19, 2008. Prior to the expiration of the Resolution, the applicant submitted the required letter requesting that the site plan be granted a 12-month extension (See Attachment B). The approved Midway Road Professional Plaza PNRD consists of 12,699 square feet of medical office space on a 1.83 acre parcel (Attachment C). The applicant's site plan extension request indicates that while preparation for development is proceeding, the recent down turn in the economy has caused the applicant to modify expectations and immediate plans for the project. Staff would note that protracted negotiations with the property owner regarding the required mitigation to be provided by the applicant to bring this approval up to current standards has delayed this item's consideration by the Board. As part of the site plan extension request, the applicant provided an updated traffic study for the project. The traffic analysis identified 13.8 peak hour trips on the deficient segment of West Midway Road, east of South 25th Street. To address this impact upon West Midway Road, staff recommends modification of transportation related conditions of approval in the project's existing resolution. These proposed changes will address the West Midway Road impacts. Prior to the issuance of any building permit for this project, the developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie County for the entire project in the amount of $7,142 per 1000 square foot of medical building and $1,596 per 1000 square feet for office space & financial building space. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should the Board of County Commissioners approve a Road Impact Fee adjustment more than or t February 13, 2009 Subject: Site Plan Extension Page 2 Midway Road Professional Plaza PNRD less than the agreed to payment schedule described above, the above described schedule shall apply. This modifies Condition B. 2. of the Resolution No. 06-165. 2. Within 60 days of the date of this site plan extension approval, the applicant, successor or assigns shall dedicate a 15 foot right-of-way along the site's southern property line for the widening of West Midway Road and 20 feet along it's southern property line for future widening on of Christensen Road. This modifies existing Condition B.4, which requires the dedication of the rights -of -way prior to issuance of a building permit. 3. Prior to the issuance of the first building permit the applicant, successors or assigns shall pay $15,750 to St. Lucie County to be used for future transit facility improvements serving the project area. This payment will be in lieu of installation of a bus shelter required in Condition No. 11 of Resolution No. 06-165. During review of the site plan extension, the County's Environmental Planning Coordinator conducted a site visit to ensure that the prior conditions regarding tree protection and mitigation were still valid. The site visit revealed errors in the prior tree survey, including trees missing and underestimated in size. The Environmental Resources Department requests that previous Condition No. 8 and Condition No. 11 from Resolution 06-165 be deleted and replaced with the following conditions: Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall submit an SLC approved formal site plan adjustment, including the following changes: 1. Revised tree survey and tree mitigation plan, accounting for trees missed and incorrectly measured on the prior survey; 2. Site plan revised to eliminate two parking spaces along the west side of the eastern medical office building to save at least one, and possibly two oak trees, measuring 41 inches and 45 inches in diameter at breast height. Tree protection methods shall be coordinated with and approved by the St. Lucie County Environmental Resources Department. 3. Landscape plans revised to provide an 8-foot high opaque barrier along the rear property line between the residential structure to the north and the proposed commercial development. Landscaping shall be provided on both sides of the wall and along the length of the wall as specified in Chapter 7.09.04(E) of the St. Lucie County Land Development Code. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to SLC, covering the cost of all required landscaping, tree mitigation, irrigation, and related improvements as shown in the Site Plan. The conditions adopted in Resolution No. 06-165, have been incorporated into Resolution No. 09-005, with modifications in strike-thru and underlined type to identify the recommended changes or additions. All conditions from the original resolution, as may be modified herein, will remain in full force and effect, including the condition to pave Christensen Road from West Midway Road to the project's northern property line. Staff has reviewed the subject site plan extension and determined that the request meets the provisions of Section 11.02.06(B)(3) of the St. Lucie County Land Development Code. Staff recommends approval of Resolution No. 09-005 granting the requested 12-month extension to the Planned Non -Residential Development project known as Midway Road Professional Plaza PNRD, with the conditions therein. oc 7DA 6' F L 0 R I L Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: February 10, 2009 RE: Midway Road Professional Plaza PNRD Extension DEPARTMENT COORDINATION ERD worked closely with Growth Management and other members of the Development Review Committee on the initial PNRD approval. Growth Management subsequently requested ERD input on the proposed PNRD extension. ERDINPUT ERD has contributed conditions requiring a Landscaping Improvement Agreement, revised tree survey, and a site plan adjustment. ERD RECOMMENDATION With the inclusion of ERD conditions, ERD has no objection to the PNRD extension. r (4ature co 0 � o N Xqunoo aagogoaa)jo BCC-720081501 A petition of Kenneth Palestrant to request a 12 month extension of the Final Planned Non -Residential Unit Development Site Plan known as Midway Road Professional Plaza 0 Z W W Z w Z 0 LLJ .... • Z. Z • ♦ C) • I • ■ 500 ft. ■ ■ ■ ■ W MIDWAY RD ■ ♦ Q ♦ ♦♦ Z_ C� ♦ • Z '♦�.■ ■■ TOT.. ■•mow DANIELS.ST 3 0 z r 0 w cgti q� ® Subject parcel N ■ ■ 500 ft. notification area �' - Map prepared December 15, 2008 1 II P/F P/F BCC-720081501 Future Land Use Kenneth Palestrant RS ••'- z . w U) Cn cr � U 1 1 ■ 5 10 ft. ■ ■ W MIDWAY`RD T0 F Rom•♦■■■ L RS RU z ■• la� U z w V) Z w 0 0 IRS OMI Will SLC Future Land Use N ® Subject parcel COM - Commercial-� P/F - Public Facilities 500 ft. notification area RS - Residential Suburban (2 du/ac) ������ RU - Residential Urban (5 du/ac) Map prepared December 15, 2008 BCC-720081501 zoning Kenneth Palestrant AR-1 0 Z w AR-1LU AR-1 0 0 Z .•0000 ' W CG U ♦ U♦ I CO. � ■ I ■ 500 ft. ■ ■ co ■ ■ ■ CO ■ ■ ■ W MIDWAY`RD .• Z co • • Of ♦♦♦ ERS-4 %♦ AR-1 3 w CO I AR•1 ' I -4 DANIELS ST 0 TwS0 D RS- 0 w PUD cy "q< RS- AR-1 I R-1 PUD _2 SLC Zoning AR-1 -Agricultural Residential (1 du/ac) N CG - Commercial General ® Subject CO Commercial Office Subt parcel � p I -Institutional ■ ■ ■ ■ PNRD - Planned Non -Residential Development IF,—thara—W—tD Pit» t 500 ft. notification area PUD - Planned Unit Development ■ ■ ■ RS-2 - Residential Single Family (2 du/ ac) Map prepared December 15, 2008 RS-3 - Residential Single Family 3 du/ac)) RS-4 - Residential Single Family 4 du/ac 2 3 4 5 6 r1 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 RESOLUTION NO. 09-005 FILE NO.: BCC 720081501 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF THE FINAL PLANNED DEVELOPMENT SITE PLAN KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA PNRD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On September 19, 2006, through Resolution No. 06-165, the Board granted approval for the Final Planned Development Site Plan known as Midway Road Profession Plaza PNRD. The project consists of a 12,699 square foot medical facility on 1.83 acres located on the north side of West Midway Road, approximately .25 mile west of South 25th Street. 2. The property owner, Doctor Kenneth Palestrant, has requested that the Final Planned Development Site Plan granted through Resolution No. 06-165 be extended for a period of 12 additional months from its date of scheduled expiration, September 19, 2008, with the new date of expiration being September 19, 2009. 3. On February 24, 2009, the St. Lucie County Board of County Commissioners held a public hearing; of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, the Final Planned Development Site Plan, approved through Resolution 06- 165 is hereby granted an extension for a period of 12 additional months from its date of scheduled expiration, September 19, 2008, with the new expiration date being September 19, 2009, with the following conditions: File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1. All previous conditions of approval applicable to the subject property, as contained in Resolution No. 06-165 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Chapter 11 of the LDC and the Board of County Commissioners, unless expressly modified herein. 2. Condition B-1 of Resolution No. 06-165, remains. Egress from this project's Christensen Road driveway shall be prohibited and a "No Exit" sign installed at the project's driveway to prohibit such egress. If the County's Land Development Code is amended to provide a method to seek relief from Section 7.05.05, full accesses to Christensen Road shall be allowed, if said relief is granted. 3. Condition B-2 of Resolution No. 06-165, is hereby amended to read: Prior to the FeGGFd*Rg issuance of any building permits for this project, the developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie County for the entire project in the amount of $ $7,142 per 1000 square foot of medical building and $1,596 per 1000 square feet for office space & financial building space. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should the Board of County Commissioners approve a Road Impact Fee adjustment more than or less than the agreed to payment schedule described above, the above described schedule shall apply. 4. Condition B-3 of Resolution No. 06-165, remains. Prior to the issuance of any permits, a Final Development Order shall be obtained from the Director of Growth Management, or designee. Prior to the issuance of said Development Order, the Director of Growth Management shall determine that all conditions of approval and applicable code requirements are satisfied and shall: a. Obtain comments from the appropriate county staff, legal staff, and other responsible agencies regarding the satisfaction of all applicable code requirements and conditions of approval. b. Confer with the County Engineer, Public Works Department, Environmental Resources Department, and Utilities Department to determine the number of constructible engineering plans that shall be File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 2 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 required to be submitted for review, and the applicant shall, following notification by the Director of Growth Management, submit the required number of plans to the Department of Growth Management for processing, distribution, and final action. c. Require that a complete set sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 5. Condition B-4 of Resolution No. 06-165, is hereby amended to read: Within 60 days of the date of this site plan extension approval PFier te-aRy the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 15 feet of additional right-of-way along the site plan's southern property line for the future widening of West Midway Road and 20 feet along it's western property line for the future widening of Christensen Road. A Florida licensed surveyor shall prepare a sketch and legal descriptions of the right of way donation. Additional requirements associated with the right of way donation shall include proof of ownership. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. Said dedication shall be by general warranty deed, free and clear of all liens and encumbrances. 6. Condition B-5 of Resolution No. 06-165, is hereby amended to read: The applicant, successors, or assigns shall provide certain improvements to roadways, including bike lanes and sidewalks, required to address this projects impacts on the County's roadway network. The following include, but are not limited to the improvements required to be provided: File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 3 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 a. Prior to any construction authorizations, the developer, owner or assigns shall enter into a construction agreement with St. Lucie County for the proposed improvements to West Midway Road. The following documents shall be submitted and approved by the County Engineer (a) Engineers estimate of probable cost, (b) Original Letter of Creditor Surety Bond, (total surety shall be for 115% of the cost of construction), (c) Road Improvement Agreement executed by the developer. Upon conditional acceptance of the constructed improvements the developer shall enter into a Maintenance Agreement for a period of one year and thirty days. Maintenance Bond shall be 15% of the cost of construction. The cost of the right turn lane at the proiect entrance shall be paid by the owner/developer and constructed by St. Lucie County. The developer's engineer shall prepare a cost estimate for the required turn lane improvements and submit to the County Engineer for approval. Payment for the required turn lane shall occur prior to the commencement of construction for that portion of Midway Road beginning at South 25th Street and terminating at the eastern limits of the Turnpike overpass. c. Prior to the issuance of the first Certificate of Occupancy, Christensen Road shall be paved from the project access point to West Midway Road. All construction within the Public Road right-of-way shall be approved by the County Engineer or his designee. 7. Condition B-6 of Resolution No. 06-165, remains. The use of Christensen Road as a construction entrance for the project shall be prohibited. All construction vehicles are to utilize the main entrance point on West Midway Road. 8. Condition B-7 of Resolution No. 06-165, remains. Prior to the issuance of a building permit for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with the Fort Pierce Utility Authority to ensure the provision of water and sewer services. This agreement shall be in a form consistent with the Fort File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Pierce Utility Authority's regulations regarding utility service extensions and service provisions. 9. Condition B-8 of Resolution No. 06-165, is hereby deleted: 10. Condition B-9 of Resolution No. 06-165, remains. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a tree protection plan shall be submitted for review and approval to the St. Lucie County Environmental Resources Department. 11. Condition B-10 of Resolution No. 06-165, remains. Prior to issuance of a St. Lucie County Vegetation Removal Permit, conspicuous, suitable protective barriers (highly visible so that equipment operators can see the limits of permitted construction activity) shall be placed and maintained around the perimeter of the trees to be protected, to form a continuous unbroken boundary, around individual protected trees at a minimum distance of ten (10) feet from the radius of the dripline from all protected trees. Protective barriers shall remain in place until issuance of a certificate of occupancy. In the event that any protective barriers are removed or altered all land clearing and site alteration work will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of these encroachments. The entire vegetation preservation area shall be maintained in its natural state so as not to alter the water and oxygen content of the soil and impair its natural function. No grade changes or excavation of any sort may be made within the barricaded areas. If underground utilities must be routed through a protected root zone area, tunneling under the roots shall be required. Irrigation shall be installed outside of the dripline of all protected trees. No soil shall be removed from within a vegetation preservation area. No fill material, construction material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited or disposed of within a vegetation preservation area. No signs, permits, wires, or other attachments shall be affixed or attached to protected vegetation. No equipment, including File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 5 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 passenger vehicles, shall be driven, parked, or stored or repaired within designated vegetation preservation areas. 12. Condition B-11 of Resolution No. 06-165, is hereby deleted: ■_ dw �- -- -- - - - IF 13. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall submit and pain approval of an application for a site plan adiustment, that addresses the following requirements: a. Revised tree survey and tree mitigation plan, accounting for trees missed and incorrectly measured on the prior survey; b. Site plan revised to eliminate two parking spaces along the west side of the eastern medical office building to save at least one, and possibly two oak trees, measuring 41 inches and 45 inches in diameter at breast height. Tree protection methods shall be coordinated with and approved by the St. Lucie County Environmental Resources Department. c. Site plan revised to provide a covered bus shelter along this proiect's road frontage. The location of the required bus shelter shall be determined in coordination with the St. Lucie County Community Services Department and approved by the County Engineer and Growth Management Director. d. Landscape plans revised to provide an 8-foot high opaque barrier along the rear property line between the residential structure to the north and the proposed commercial development. Landscaping shall be provided on both sides of the wall and along the length of the wall as specified in Chapter 7.09.04(E) of the St. Lucie County Land Development Code. e. The applicant shall execute an improvement agreement, acceptable to SLC, covering the cost of all required landscaping, tree mitigation, irrigation, and related improvements as shown in the Site Plan. 14. In lieu of the construction of a bus shelter, prior to issuance of the first building permit the applicant, successors, or assigns shall pay $15,750 to St. Lucie County to be used for future transit facilities serving the project area. File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 6 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 B. The property on which this Final Planned Development Site Plan extension is being granted is described as follows: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. Location: North side of West Midway Road, approximately 1/4 mile west of the South 25th Street and West Midway Road intersection. C. This Final Planned Development Site Plan extension shall expire on September 19, 2009, unless a building permit is obtained or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The Certificate of Capacity granted by the Growth Management Director shall remain valid for the period of this development order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. E. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. F. The conditions set forth in Part A are an integral non -severable part of the site plan approval as granted by this Resolution. If any condition set forth in this resolution is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 7 1 2 3 4 5 6 r� E1 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 24th Day of February, 2009. ATTEST Deputy Clerk File No.: BCC 720081501 February 24, 2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M. Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 09-005 Page 8 1 2 3 4 5 EXHIBIT A MAPS (To be inserted prior to obtaining signatures) File No.: BCC 720081501 February 24, 2009 Resolution No. 09-005 Page 9 1 rf J RESOLUTION NO. 06-165 2 M File Number: RZ-05-031 and PNRD-05-020 3 4 A RESOLUTION GRANTING PRELIMINARY AND FINAL 5 PLANNED DEVELOPMENT SITE PLAN APPROVAL AND A 6 CHANGE IN ZONING FROM THE ARA (AGRICULTURAL, 7 RESIDENTIAL —1 DU/ACRE) DISTRICT TO THE PNRD 8 (PLANNED NON-RESIDENTTAL DEVELOPMENT — MIDWAY 9 ROAD PROFESSIONAL PLAZA) ZONING DISTRICT 10 11 � 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based 13 on the testimony and evidence, including but not limited to the staff report, has made 14 the following determinations: 15 EDWIN SAINT U. FRYCOUNTY, OUNCLERK OF THE CIRCUIT COURT FILE a 2935W 09/27/2006 at 04:06 PM 16 CHANGE IN ZONING OR BOOK 2666 PAGE 689- 704 Doc Type: RESO RECORDING: $137.50 17 18 1. Kenneth Palestrant, presented a petition for a Change in Zoning from the 19 AR-1 (Agricultural, Residential — 1 du/acre) Zoning District to the PNRD 20 (Planned Non -Residential Development — Midway Road Professional Plaza) 21 Zoning District for the project to be known as Midway Road Professional 22 Plaza PNRD, for property located on the north side of West Midway Road, 23 approximately 1/4 mile west of South 25th Street, for certain property in St. 24 Lucie County, Florida as depicted on the attached maps as Exhibit "A" and 25 described in Part "A" below. 26 27 2. The Development Review Committee has reviewed the site plan for the 28 proposed project and found it to meet minimum technical requirements. 29 30 3. On November 17, 2005, the St. Lucie County Planning and Zoning 31 Commission held a public hearing on the petition of Kenneth Palestrant, for a 32 change in zoning from the AR-1 (Agricultural, Residential — 1 du/acre) Zoning 33 District to the PNRD (Planned Non -Residential Development — Midway Road 34 Professional Plaza) Zoning District, after publishing a notice of such hearing 35 in the Fort Pierce Tribune at least 10 days prior to the hearing and notifying 36 by mail all property owners within 500 feet of the property boundaries, and 37 recommended that the Board of County Commissioners grant approve a 38 Change in Zoning for the project to be known as Midway Road Professional 39 Plaza - PNRD, for the property described in Part "A" below. 40 41 4. On September 19, 2006, this Board held a public hearing on the petition of 42 Kenneth Palestrant, for a change in zoning from the AR-1 (Agricultural, 43 Residential — 1 du/acre) Zoning District to the PNRD (Planned Non- 44 Residential Development — Midway Road Professional Plaza) Zoning District 45 after publishing a public notice of such hearing in the Ft. Pierce Tribune at September 19, 2006 Resolution No. 06-165 Page 1 File No.: RZ-04-051and PNRD-06-012 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 least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. 5. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PI ON 6. Kenneth Palestrant, presented a petition for Preliminary and Final Planned Non -Residential Development Approval for 12,699 square feet of professional office space to be known as Midway Road Professional Plaza - PNRD. 7. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements, subject to the conditions set forth in Part "B" below. 8. On November 17, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Kenneth Palestrant, after publishing a notice of such hearing in the Fort Pierce Tribune at least 10 days prior to the hearing and notifying by mail all property owners within 500 feet of the property boundaries and recommended this Board approve this petition. 9. On September 19, 2006, this Board held a public hearing on the petition of Kenneth Palestrant, for Preliminary and Final Planned Non -Residential Development approval for the project known as Midway Road Professional Plaza — PNRD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 10. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 11.The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 12.All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. September 19, 2006 Page 2 Resolution No. 06-165 File No.: RZ-04-051and PNRD-06-012 1 2 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 13.The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 14.The proposed project will be served by adequate public facilities and services. 15. A Certificate of Capacity was granted for this project on September 1, 2006, a copy of which is attached as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The proposed Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PNRD (Planned Non -Residential Development — Midway Road Professional Plaza) Zoning District, owned by GIK Development, LLC, is hereby granted for the following described property: COMMENCING AT THE SOUTHWEST CORNER OF NORTHEAST'/.OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST %, 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF THE WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF SAID WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET, THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS OF WAY FOR PUBLIC ROADS (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. (Parcel ID No.: 3405- 133-0002-0005) owned by GIK Development, LLC is hereby approved. (Location: NE Corner of Midway Road and Christensen Road, St. Lucie County, FL) SITE PLAN B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Planned Development Site Plan for the project to be known as Midway Road Professional Plaza - A Planned Non -Residential Development be, and the same is September 19, 2006 Page 3 Resolution No. 06-165 File No.: RZ-04-051and PNRD-06-012 I hereby granted and approved as shown on the site plan drawings for the project 2 prepared by The Velcon Group Inc., dated March 22, 2005, subsequently revised 3 through July 7, 2006, and date stamped received by the St. Lucie County Growth 4 Management Director on July 10, 2006, subject to the following conditions: 5 6 1. Egress from this project's Christensen Road driveway shall be prohibited 7 and a "No Exit" sign installed at the project's driveway to prohibit such 8 egress. If the County's Land Development Code is amended to provide a 9 method to seek relief from Section 7.05.05, full accesses to Christensen 10 Road shall be allowed, if said relief is granted. 11 12 2. Prior to the recording of any building permits for this project, the 13 developer, his successors or assigns, shall pay Road Impact Fees to St. 14 Lucie County for the entire project in the amount of $ $7,142 per 1000 15 square foot of medical building and $1,596 per 1000 square feet for office 16 space & financial building space. The developer, his successors or 17 assigns, shall not be responsible for any additional Road Impact Fee 18 payments to St. Lucie County. Should the Board of County 19 Commissioners approve a Road Impact Fee adjustment more than or less 20 than the agreed to payment schedule described above, the above 21 described schedule shall apply. 22 23 3. Prior to the issuance of any permits, a Final Development Order shall be 24 obtained from the Director of Growth Management, or designee. Prior to the 25 issuance of said Development Order, the Director of Growth Management 26 shall determine that all conditions of approval and applicable code 27 requirements are satisfied and shall: 28 29 a. Obtain comments from the appropriate county staff, legal staff, and 30 other responsible agencies regarding the satisfaction of all 31 applicable code requirements and conditions of approval. 32 33 b. Confer with the County Engineer, Public Works Department, 34 Environmental Resources Department, and Utilities Department to 35 determine the number of constructible engineering plans that shall 36 be required to be submitted for review, and the applicant shall, 37 following notification by the Director of Growth Management, submit 38 the required number of plans to the Department of Growth 39 Management for processing, distribution, and final action. 40 41 c. Require that a complete set sealed constructible final engineering 42 plans, supporting calculations and survey data for the site work and 43 offsite improvements are approved by the Office of the County 44 Engineer, Public Works Department, Utilities Department, 45 Environmental Resources Department, Growth Management 46 Department, Fire Department, and any other agency that may be September 19, 2006 Resolution No. 06-165 Page 4 File No.: RZ-04-051and PNRD-06-012 4 5 6 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 determined by the Director of Growth Management to be - necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 4. Prior to any construction authorizations for the subject property, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 15 feet of additional right-of-way along the site plan's southern property line for the future widening of West Midway Road and 20 feet along it's western property line for the future widening of Christensen Road. A Florida licensed surveyor shall prepare a sketch and legal descriptions of the right of way donation. Additional requirements associated with the right of way donation shall include proof of ownership. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 5. The applicant, successors, or assigns shall provide certain improvements to roadways, including bike lanes and sidewalks, required to address this projects impacts on the County's roadway network. The following include, but are not limited to the improvements required to be provided: a. Prior to any construction authorizations, the developer, owner or assigns shall enter into a construction agreement with St. Lucie County for the proposed improvements to West Midway Road. The following documents shall be submitted and approved by the County Engineer (a) Engineers estimate of probable cost, (b) Original Letter of Credit or Surety Bond, (total surety shall be for 115% of the cost of construction), (c) Road Improvement Agreement executed by the developer. Upon conditional acceptance of the constructed improvements the developer shall enter into a Maintenance Agreement for a period of one year and thirty days. Maintenance Bond shall be 15% of the cost of construction. b. Prior to the issuance of any Certificate of Occupancy, the developer or assigns, shall be required to provide for the construction of a right turn lanes at the projects West Midway Road entrance and 5 foot wide undesignated bike lanes along this projects West Midway Road frontage, as approved by the County Engineer. Prior to the issuance of the first Certificate of Occupancy, Christensen Road shall be paved from the project access point to West Midway September 19, 2006 Page 5 Resolution No. 06-165 File No.: RZ-04-051and PNRD-06-012 I Road. All construction within the Public Road right-of-way shall be 2 approved by the County Engineer or his designee. 3 4 6. The use of Christensen Road as a construction entrance for the project shall 5 be prohibited. All construction vehicles are to utilize the main entrance point 6 on West Midway Road. 7 8 7. Prior to the issuance of a building permit for this project, the developers, their 9 successors and assigns, shall have entered into an enforceable utility service 10 agreement with the Fort Pierce Utility Authority to ensure the provision of 11 water and sewer services. This agreement shall be in a form consistent with 12 the Fort Pierce Utility Authority's regulations regarding utility service 13 extensions and service provisions. 14 15 8. The development plan shall provide an 8 foot high opaque barrier along the 16 rear property line between the residential structure to the north and the 17 proposed commercial development. Landscaping shall be provided on both 18 sides of the wall and along the length of the wall as specified in Chapter 19 7.09.04(E) of the St. Lucie County Land Development Code. 20 21 9. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a tree 22 protection plan shall be submitted for review and approval to the St. Lucie 23 County Environmental Resources Department. 24 25 10. Prior to issuance of a St. Lucie County Vegetation Removal Permit, 26 conspicuous, suitable protective barriers (highly visible so that equipment 27 operators can see the limits of permitted construction activity) shall be placed 28 and maintained around the perimeter of the trees to be protected, to form a 29 continuous unbroken boundary, around individual protected trees at a 30 minimum distance of ten (10) feet from the radius of the dripline from all 31 protected trees. Protective barriers shall remain in place until issuance of a 32 certificate of occupancy. In the event that any protective barriers are removed 33 or altered all land clearing and site alteration work will be stopped until the 34 barriers are restored and any necessary corrective actions taken to repair or 35 replant any vegetation removed or damaged as a result of these 36 encroachments. The entire vegetation preservation area shall be maintained 37 in its natural state so as not to alter the water and oxygen content of the soil 38 and impair its natural function. No grade changes or excavation of any sort 39 may be made within the barricaded areas. If underground utilities must be 40 routed through a protected root zone area, tunneling under the roots shall be 41 required. Irrigation shall be installed outside of the dripline of all protected 42 trees. No soil shall be removed from within a vegetation preservation area. 43 No fill material, construction material, concrete, paint, chemicals, or other 44 foreign materials shall be stored, deposited or disposed of within a vegetation 45 preservation area. No signs, permits, wires, or other attachments shall be 46 affixed or attached to protected vegetation. No equipment, including September 19, 2006 Resolution No. 06-165 Page 6 File No.: RZ-04-051and PNRD-06-012 2 3 4 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 passenger vehicles, shall be driven, parked, or stored or repaired within designated vegetation preservation areas. 11. The site plan shall be modified to eliminate two parking spaces along the west side of the eastern medical office building to save at least one, and possibility two, 24 inch oak trees. Tree protection methods shall be coordinated with and approved by the St. Lucie County Environmental Resources Department. The modified site plan shall also include a covered bus shelter along this project's road frontage. The location of the required bus shelter shall be determined in coordination with the St. Lucie County Community Services Department and approved by the County Engineer and Growth Management Director. GENERAL PROVISIONS C. This Final Planned Non -Residential Development Site Plan approval shall expire on September 19, 2008, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. The Final Planned Non -Residential Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Kenneth Palestrant, M.D., 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 Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. E. A Certificate of Capacity, a copy of which is attached to this resolution as "Exhibit B" was granted by the Growth Management Director on September 1, 2006, which certificate shall remain valid for the period of Site Plan approval or any extension granted thereto. F. A copy of this resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Growth Management Department. G. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. September 19, 2006 Page 7 Resolution No. 06-165 File No.: RZ-04-051 and PNRD-06-012 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 H: The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. I. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. J. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. K. The conditions set forth in Part B are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. L. ADOPTION After motion and second, the vote on this resolution was as follows: Chairperson Doug Coward AYE Vice Chairperson Chris Craft AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner Joe Smith AYE PASSED AND DULY ADOPTED this 19th day of September, 2006. September 19, 2006 Page 8 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ------------- � .,V rl°r R es 40 r6n No. 06-165 File No RZ-04j051and PNRD-06-012 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 September 19, 2006 Page 9 APPROVED AS TO FORM AND CORRE�NESS: TY ATTO Resolution No. 06-165 File No.: RZ-04-051and PNRD-06-012 1 2 3 4 EXHIBIT "A" 5 6 Location Maps g 9 10 11 12 13 14 15 16 September 19, 2006 Resolution No. 06-165 Page 10 File No.: RZ-04-051and PNRD-06-012 ca N � � v p LU O t CVO h z U a csi N 0 H CD 3 `c < { 1 GGG d-0N CD .�. A LO a° a N t6 O c a J m Yea .<.n Z ,�' � jo o C v M t0 w DNg DN8 VinIIS Vod pt tl sunwf ouY° 3 u°wy°yj — !N H wH R/.Md a' Pb °J--.S tl uovwu3. a o � pM ualaWaf c ; ` Dtl uul°u4of :.i � � � f4'.iJ P G;L Vold _ L w Dtl DR o A Q \ CG UC ; s :3 O u N S a LL ate. y Dtl °u'l ° tl C w 3 F m ° t U O c U J U t� pU u!goH ivoD! pa uouwo u a J a 6 pe e 0 r` ,Uunoo eepogD&040 2 4 on 0 9 10 11 12 13 14 15 Exhibit "B" Certificate of Capacity September 19, 2006 Page 10 Resolution No. 06-165 File No.: RZ-04-051and PNRD-06-012 St Lucie County Certificate of Capacity Date 9/l/2006 Certificate No. 2499 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Preliminary and Final PNRD Number of units 0 Number of square feet 12699 2. Property legal description & Tax ID no. 3405-133-0002-0005 Northeast corner of W. Midway & Christensen Midway Road Professional Plaza PNRD 3. Approval: Building Resolution No. Res. No. 06- Letter 4. Subject to the following conditions for concurrency: See Resolution No. 06-165 Owner's name GIK Development, LLC Address 804 SE Portage Avenue Port St. Lucie FL 34984 6. Certificate Expiration Date 9/19/2008 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed U C Date: 9/1/2006 Growth Management Director St Lucie County, Florida Friday, September 01, 2006 Page 1 of 2 2 3 4 0 Exhibit "C" SITE PLAN GRAPHICS September 19, 2006 Resolution No. 06-165 Page 11 File No.: RZ-04-051and PNRD-06-012 l3 '.l1NnoO 31on- '1S - a; W Ntlld OUNd sao 3nene5 sYsa3�w�N7 _ - 311S VZVld IVNOISS3dOLid vs roa..Y. ONI dnM10 N0013n 3Hl s.ro�srnPa' - OVON ,ltlMOl W ; y of �JNuz .Kr s Z as 4 Y OS W CCj PYOtl N3SN315larlJ c O 9 g f li- NPH :ERcF 37e53c v3G§6i �f %p� g gKpiESp?S S 1 'i F y R ' S ? E ■ IS �1 �8r8 d r F 2 1 0 R R is -s �r� y4 >t o'g sa -35n oNr� I I 2 Pg Et$?? d oD-OMNOz rJ� ppp 2 R 2 t I 4 UI ? \ / s i � �! ��7 •O IM i R o 4 � e a i' 17 I ire 2 di 5 I ail - E j 1 <abPL. 1i _ r sa -3sn 0-112 •'aq: -a rid !�^i z I CLar-DMNoz d o�Y nit oFY Y��� �i■@:�` E� , 9efe — G `T i` �i F i ill° PICCI T XXX LD v 011Ruden ,McClosky JUL 1 F 10G3 rOwth Wilagement July 14, 2008 Mark Satterlee, Growth Management Director St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIDA 34986 (772)873-5916 FAX: (772)873-3116 TYSON.WATERS@RUDEN.COM Re: Midway Road Professional Plaza — Resolution No. 06-165 (PNRD 05-020) Section 11.02.06(B(3) - Request for twelve (12) month extension to PRND Dear Mr. Satterlee: Pursuant to Section 11.02.06(B)(3), St. Lucie County Land Development Regulations, please find this letter as G.I.K. Development, LLC's request for a twelve (12) month extension to the development approvals granted by the St. Lucie County Board of County Commissioners in Resolution 06-165 ("Resolution"). The Resolution, approved on September 16, 2006, granted Preliminary and Final Planned Development Site Plan approval and a change in zoning from AR-1 (Agricultural, Residential — 1 DU/Acre) District to the PNRD (Planned Non-residential Development — Midway Road Professional Plaza) Zoning District for a parcel of land located at the northeast corner of Christensen Road and Midway Road. A copy of Resolution 06-165 is enclosed with this request. While the project is proceeding with development preparation, an extension to the development timetable is necessary in order to address certain unexpected issues that are impacting the proposed project and use of the site. In addition, the recent downturn in the economy and real estate market has further complicated the anticipated use and development of the property, causing the Applicant to modify its expectations and immediate plans for the project. The Applicant believes, however, that the proposed extension will allow it the opportunity and time to address those unexpected issues and complete the development within the additional twelve (12) month period requested. As permitted in Section 11.02.06(B)(3), we therefore respectfully request a twelve (12) month extension of the Preliminary and Final Planned Unit Development Site Plan for the project known as "Midway Road Professional Plaza" to September 19, 2009. This is the first such extension request for this project. PSL:46074:1 luaw503W (4010 em t z inr AS PSAIWa, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA - ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH Page 2 Enclosed with this letter and request for a twelve (12) month extension to the development approvals is a check made payable to St. Lucie County in the amount of $1,500.00 to cover the extension application fee. Please contact me if you have any questions or need further information regarding this request. Thank you very much for your assistance in this matter and please let me know when this request will be placed on the Board of County Commissioner's agenda for its consideration. Sincerely, Ty n . Waters TJW Enclosure cc: client PSL:46074:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES - ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH 30 g>a �fi R�i >.F°nFv ZONING-AR-1 wm� ?wUafr$ w LAND USE- Rs I II _ v zs.K - - r_ - - f6TELE«-_____� FE. s - ' eortou E�Ev __ _n_ -------------_- OY �•-_ BO*T-C_E_ _' j'A s 11 t I kD— p - _y4c,> I i \1 d lo- ili iLi J711, i - A II ii I .►- -- 4 ZONING CO�o RN LAND USE= RS X Rio F o ono imO °zao n off° Ro I 2A, I R A cc s f � - � e P,eREV ISIONS� �~ MIDWAY ROAD THE VELCON GROUP INC. ' PROFESSIONAL PLAZA SITE ENGINEERS h SURVEYORS a PNRD PLAN V G c.RT T: P_ 'i 3°5,i ST. LUCIE COUNTY, FL cEa:r° eE of : T.( 2ATw7' NasgHiT.x cpNE H° s o a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA February 3, 2009 NOTICE OF PROPOSED 12 MONTH EXTENSION The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION NO. 09-005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF THE FINAL PLANNED DEVELOPMENT SITE PLAN KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA PNRD APPLICANT: Dr. Kenneth Palestrant FILE NUMBER: BCC 720081501 LEGAL DESCRIPTION: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. LOCATION: Northeast corner of West Midway Road and Christensen Road, approximately .25 mile west of the South 25 Street and West Midway Road intersection. PURPOSE: Public Hearing for Application of Kenneth Palestrant request for a 12 month extension of the Final Planned Non -Residential Unit Development Site Plan known as Midway Road Professional Plaza. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Form No. 07-18 Avenue, Fort Pierce, Florida on Tuesday, February 3, 2009 beginning at 6:00 PM or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2"d Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR PUBLISH DATE: January 19, 2009 Form No. 07-18 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone - (772) 462-1585 Fax - (772) 462-1581 Send Bill to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone - (772) 462-1585 Fax - (772) 462-1581 Form No. 07-18 BOARD OF COUNTY COMMISSIONERS January 6, 2009 Wilbert E Lindo Lillian Lindo 4851 Christensen Rd Fort Pierce, FL 34981 Midway Road Professional Plaza PNRD (File No.: BCC 720081501) GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Dr. Kenneth Palestrant has petitioned St. Lucie County for a 12 month extension of the Final Planned Non -Residential Unit Development Site Plan, known as Midway Road Professional Plaza, for the following described property: Location: North side of West Midway Road, approximately 1,14 mile west of the South 25th Street and West Midway Road intersection Legal Description: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 114 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDNISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDMSION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. The public hearing on the petition will be held at 6.00 P.M., or as soon thereafter as possible, on Tuesday, February 3, 2009, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 rirginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Board of County Commission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be swom in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or at waited*stlucieco.org if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMNIISSIONERS Paula a. Lewis, Chair Form No. 07-19 CHRIS DZADOVSKY, District No. I • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson Website: www.co.st-lucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX: (772) 462-1581 BOARD OF COUNTY COMMISSIONERS January 30, 2009 Wilbert E Lindo Lillian Lindo 4851 Christensen Rd Fort Pierce, FL 34981 ST. COUNTY LUCIE ._ F L O R I D A Midway Road Professional Plaza PNRD (File No.: BCC 720081501) GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Dr. Kenneth Palestrant has petitioned St. Lucie County for a 12 month extension of the Final Planned Non -Residential Unit Development Site Plan, known as Midway Road Professional Plaza, for the following described property: Location: North side of West Midway Road, approximately 1/4 mile west of the South 25th Street and West Midway Road intersection Legal Description: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. The public hearing on the petition will be held at 9.00 A.M., or as soon thereafter as possible, on Tuesday, February 24, 2009, County Commissioner's Chambers, St Lucie County Administration Building Anne r, 2300 Yuginia Avenue, Fort Pierce, Florida All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Board of County Commission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or at wane adstlucieco.org if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Paula a. Lewis, Chair Form No. 07-19 CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson Website: www.co.st-lucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX: (772) 462-1581 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA February 24, 2009 NOTICE OF PROPOSED 12 MONTH EXTENSION The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION NO. 09-005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF THE FINAL PLANNED DEVELOPMENT SITE PLAN KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA PNRD APPLICANT: Dr. Kenneth Palestrant FILE NUMBER: BCC 720081501 LEGAL DESCRIPTION: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. LOCATION: Northeast corner of West Midway Road and Christensen Road, approximately .25 mile west of the South 25 Street and West Midway Road intersection. PURPOSE: Public Hearing for Application of Kenneth Palestrant request for a 12 month extension of the Final Planned Non -Residential Unit Development Site Plan known as Midway Road Professional Plaza. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Form No. 07-18 A'Venue, Fort Pierce, Florida on Tuesday, February 24, 2009 beginning at 9:00 AM or as soon thereafter as possible. Al interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2"d Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR PUBLISH DATE: February 9, 2009 Form No. 07-18 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone - (772) 462-1585 Fax - (772) 462-1581 Send Bill to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone - (772) 462-1585 Fax - (772) 462-1581 Form No. 07-18 Agenda Request Item Number Meeting Date: Consent Regular Public Hearing Leg. [ ] Vill 02/24/2009 [] [X ] I Quasi -JD [ ] To: Board of County Commissioners Presented By Submitted By: Growth Management Department Michael Brillhart Capital Improvements Manager SUBJECT: Request by Merigold Investments, Inc. for Road Impact Fee (RIF) Credits, as shown in the attached RIF Agreement 09-001, and Release of a Claim of Lien for Port St. Lucie (PSL) Permit 0630876. The total lien on the applicant's property is in the amount of $54,846 of which $47,127.40 is assessed for road impact fees. This lien was recorded based upon a failure of the applicant to pay County impact fees. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of RIF Agreement 09-001 with Merigold Investments, Inc. in the amount of $2,923.00 contingent upon proof of the dedicationlconveyance of 287 sq. ft. of right-of-way. Staff is only recommending that $2,923.00 of the full lien be granted satisfaction at this time as it pertains to Port St. Lucie (PSL) Permit 0630876. COMMISSION ACTION: APPROVED DENIED OTHER Approved 5-0 County Attorney Daniel S. M ntyre County Enqineer: rr-4 Michael Powley CONCURRENCE: W. Outlaw, M ?-Por, unty Administrator 0 Coordination/ Signatures E.R.D.: County Surveyor: Jennifer Evans Ron Harris (.)m$ Other: Other. Q 0 « A u Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Michael Brillhart, Capital Improvements Manager DATE: February 10, 2009 SUBJECT: Request for Road Impact Fee Credits and Lien Release by Merigold Investments, Inc. BACKGROUND: A proposed development consisting of a convenience retail store and accompanying refueling stations, located at the southwest comer of California Boulevard and Savona Boulevard in Port St. Lucie, was approved by the Port St. Lucie City Commission. Through the building permit process, this project was assessed impact fees by the County in the amount of $54,846.00 (Road Impact Fees totaling $47,127.40). The applicant, Merigold Investments, Inc. did not pay the impact fees and, therefore, a Claim of Lien for PSL Permit 0630876 was filed by the County. The applicant through its agent, Steve Ball with Land Planning Systems, is petitioning the County to grant road impact fee credits for this project and release the Lien. The owner has indicated that approximately 287 sq ft of right -of -right as shown on Exhibit A will be dedicated/conveyed to the City. At this time, no conveyance has been recorded with the County Property Appraiser's Office. This right-of-way has an estimated value of $2,923. This value is based upon the following methodology: 2008 assessed valuation by Property Appraiser = $8.49 sq. ft. * 287 sq. ft. * 120% of assessed valuation = $2,923. Additionally, the owner has incurred the following project costs required by the City: • Drainage Improvements = $49,500 • Sidewalk Improvements = $35,000 Both California Blvd. and Savona Blvd. are designated on the TPO's Year 2030 Regional Long Range Transportation Plan and impact fee eligible in accordance with Section 1-17-33.1 of the St Lucie County Code of Ordinances. The right-of-way valued at $2,923 will be needed by the City as part of future intersection improvements at this location and thus can be credited towards road impact fees. The previously programmed capital improvement at this intersection, valued at $1,000,000, has been removed from the City's adopted 5-Year Capital Improvements Plan. The County lien on this property is in the amount of $54,846 of which $47,127.40 is for a road impact fee. Staff is only recommending that credit in the amount of $2,923 be granted against the $47,127.40 road impact fee in consideration of a future right-of-way dedication as reflected in the U Page 2. attached Road Impact Fee (RIF) Agreement 09-001. The remainder of the lien in the amount of $51,923 is not recommended for satisfaction at this time. RECOMMENDATION/CONCLUSION: Staff recommends the granting of Road Impact Fee Credits in the amount of $2,923.00 through the adoption of RIF 09-001 contingent upon proof of the dedication/conveyance of the 287 sq. ft. of right-of-way. Staff does not recommend releasing the Lien for Port St. Lucie (PSL) Permit 0630876. However, satisfaction for $2,923 of the $54,846 lien amount is recommended. The remaining lien amount of $51,923 would be released when this impact fee is fully paid by the applicant. Urban &r Environmental Planning Consultants Land . Plans • G.I.S. • Project Management • Permits • Research • Codes Planning East Lake Professional Center Systems, Inc. 2100 S.E. Hillmoor Dr. Suite 202, Port St. Lucie, Florida 34952 Office: (772) 446-6363 Fax: (772) 446-6365 January 30, 2009 Michael Brillhart Strategy and Special Projects Director St. Lucie County Administration 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: Merigold Investments — Request for Impact Fee Credit Dear Mr. Brillhart: To follow up on our phone conversation today, I am requesting that you schedule this impact fee credit agreement for the next available BCC meeting which I understand to be on February 20. Our major issue of concern is the county's transportation impact fee for this project. I previously submitted information which indicates that the site is 3.5 miles away from the nearest county road. In addition, it is a small project which will generate 7 peak hour trips. Considering this, we are requesting that the county's transportation impact fee of $47,127.40 be waived for this project in addition to the $2,981.93 for the land donation to the city for intersection improvements for a total credit of $50,109.33. Waiving this fee would be of great help to my client who is a small business owner and struggling to keep this project open due to the economic hardship of some of his tenants. Ny,�A Steven Ball, AICP c: Merigold Investments Katherine Smith Received By FEB 0 5 2009 Growth Management TRAFFIC IMPACT DATA Existing land use, zoning = Commercial Limited (CL) land use, Commercial Neighborhood (CN) zoning. Project Size=15,600 s.f., Existing land use category = #814, Specialty Retail (ITE) Page 1338, 44.52 Average Vehicle Trips ends on a weekday per 1,000 gross leasable area. Page 1340, 6.84 average vehicle trip ends on a weekday (AM peak hour) per 1,000 gross leasable area. Page Y341, 5.02 average vehicle trip ends on a weekday (PM peak hour) per 1,000 gross leasable area. Data Source: Institute of Transportation Engineers Trip Generation Manual, 7t' Edition, Volume 3, Land Use, Specialty Retail Center, Page 1338, 1341. SITE LOCATION IN RELATION TO NEAREST COUNTY MAINTAINED ROADS 1 1 StTE t t 1 rt w! i --f--t C*ft Blvd 1 1 1 ra i ♦L 40' i Rd LEGEND SCALE COUNTY MAINTAINED ROAD 0 1.25 2.5 5 Miles CITY MAINTAINED ROAD OTHER MAINTAINED ROAD land udw & ewiorxrre"Plaru*v CwwtmNs 201 SW Port St Lucie Md., Suite 203 Iidp Plans - G.I.S. — Project Management — Permits Port SL Lucie, FL 34984 SysYcros tnc Research — CWes Phone: (772) 785-7006 fax: (772) 785-7006 websNe: www osm suRarts corn emal: sbeveftsooroukantscom 1 RIF 09-001 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND MERIGOLD INVESTMENTS, INC., IN CONSIDERATION FOR THE DEDICATION OF CERTAIN RIGHT-OF-WAY AT CALIFORNIA AND SAVONA BOULEVARDS LYING IN THE CITY OF PORT ST. LUCIE FOR FUTURE ROAD CAPACITY IMPROVEMENTS THIS AGREEMENT is made and entered into as of this day of , 2009, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "5t. Lucie County" and MERIGOLD INVESTMENTS, INC., hereinafter referred to as "Merigold" WITNESSETH: WHEREAS, on , Merigold conveyed or dedicated, or caused to be conveyed or dedicated, to the City of Port St. Lucie, through a deed and plats recorded in the Land Records of St. Lucie County, certain property representing 287 square feet for future intersection improvements, as further descri ed in the attacheFads bit "A" (the "Dedication"), and WHEREAS, St. Lucie Co ty Im ct Fee Ordinance" which imposes impact fees relating to public tra por ation acilitd WHEREAS, Section 1-17-33.1 of the Code of Ordinances of St. Lucie County provides for credits for the dedication of non -site related road right-of-way on those roadways that are a part of St. Lucie County's Roads Impact Fee Eligibility network; and WHEREAS, the Dedication is part of St. Lucie County's Roads Impact Fee Eligibility network; and WHEREAS, the valuation of the 287 square feet of land dedication is based upon the Property Appraiser's 2008 assessed valuation of $8.46/sq.ft. x 287 sq.ft. x 120% valuation = $2,923.00: and WHEREAS, Merigold is required to pay road impact fees to St. Lucie County in consideration of their development in the amount of forty-seven thousand one hundred twenty- seven and 40/100 ($47,127.40) dollars; and 5:\ATTY\AGREEMNT\Merigold-RIF.wpd -1- WHEREAS, based on the provisions of Section 1-17-33.1 of the Code of Ordinances of St. Lucie County, the amount that is eligible for consideration of road impact fee credit is: $2,923.000 WHEREAS, Merigold and St. Lucie County are desirous of establishing an agreement concerning the amount of credit that Merigold shall be entitled to for the dedication of certain road right-of-way associated with the intersection of California and Savona Boulevards. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and are made a part of this Agreement by reference. Section 2. Amount of Credit. Merigold is entitled to a redit ainst RoadF.TJ ct Fees in the amount of two thousand nine hundred twenty-three and 0 23 dthe criteria set forth in Section 1-17-33.1 of the Code of Ordina es u uoperty legally described in the attached Exhibit "A". Section 3. Assignability of Credit. Merigold may assign all or part of the credit described in Section 2 above to its successors in title and interest. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by Merigold to St. Lucie County and the City of Port St. Lucie, at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 with a copy to: County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 5:\ATTY\AGREEMNT\Merigo1d-RIF.wpd -2- City Manager 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 City Attorney 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 Section 5. Recordability of Agreement. The Agreement shall be recorded by St. Lucie County in the public records of St. Lucie County, and shall be binding upon Merigold and any successors in interest and title to the property described in Exhibit "B". Section 6. Termination of Agreement. This agreement shall be effective until all of the Road Impact Fee credits authorized under Section 2 have been consumed through the issuance of building permits, or similar development approvals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA [)1ZAP,OVETrman Deputy Clerk C AS TO FORM AND WITNESSES: 5:\ATTY\AGREEMNT\Merigo1d-RIF.wpd -3- CORRECTNESS: BY: County Attorney MERIGOLD INVESTMENTS, INC. BY: Exhibit "A" Legal Description: Lot B-3, of Port St. Lucie Section 12, Second Replat PropertyAddress: 1264 SW California Blvd. Invoice Number. 34502 Date of Field Work: 04/28/08 A total of 287 Sq. Ft. was acquired for road development calculated @ $10.39 per square foot (purchase price) the total loss is 287 X $10.39 = $2,981.93. 266.14 feet California Boulevard 277.85 feet 44 327.65 feet 10 Area of Dedcatlon = 287 Sq. Ft. 241.14 feet .nL ar.�l santila 111ro 6r .rlaafb• wear• s• w Pr aauM a:b ��® Y aoaf ah bra laafN. aalsla f!t rxW b. fM w eM W ..eNa .i M abewla l.la fs! iA a afs'.R.Nr �"��'aur. .el / 4'•1 ya�r11 W-0 Sew•+e B.i .�ru...,r.urew,..`•�.r.e..• wr.rrr.aww i' sw0.i 4 M. pfip bl .i Hall r .....i �/w. afay. ►t+�'e.l____ __`route•++.�'wr.� •i.l afro ..w1 . YN �1•!Mr N Y.a M%.l .i wwaf r emti ILr. 11apa 1N 7Yler afr.n a.nl• n pa>nOrA 61 pY Y1i9 lAla iriwrfar YM •. ••�'.•.�" .w..�r>p!� .+•r -W 1r• •w[u'i Mpea+l WaY N iawra iW! Na. ro!r Fa<dr aa�.wro b ra nea w-sia A. 1G:M iW aMti. a.na./a W glair E1tN°. 3-iya a.rl. u��F�arw •s'tii�s�r ,.. � — - - - - - - - 287 sq — ft. oguired for rood deidopmenf Rlgh 1-in^iq out CNy, it concrete seQ�rolw 1 i Qd a' � i EXHIBIT "B" PORT ST. LUCIE-SECTION 12-SECOND REPLAT LOT B-3 (2.00 AC) MAP 43/12N) (OR 2254-1329) MEMORANDUM TO: CHRIS NEWMAN, LEGAL SECRETARY, ST, LUCIE COUNTY ATTORNEY'S OFFICE FROM: STEVEN BALL, LAND PLANNING SYSTEMSS'~ RE: MERIGOL.D INVESTMENTS ROAD IMPACT FEE AGREEMENT DATE: MAY 13, 2008 In response to your request, and as previously provided by the contractor with our application materials, the additional expenses incurred by the developer for this project as related to the city intersection improvements include: 1. Costs associated with drainage improvements = $49,500. 2. Costs associated with sidewalk improvements - $35,000. F� 0i-200? 17 � 27 "� SERt11 CE `3. EI�C3 i hEFR 1 NG EXHIBIT "C" 973 317 SM P.01i01 Hello Terry, Sorry to bother you again, as per our discussions with Steve 9811 we need the following documerrts for conviWng ft Couritty _ }. Proof of payment to the City. b} Cost of irrstalin raina e s tam and the side walk, (if possible, srseparate detailed quotation for this c c) Proof deny other eontribuetions towards the intemseagm Thmi Jomy Joseph mTr-L P.01 Saint Lucie County 2304 Virginia Ave Fort Pierce, FL 34982 Phone: (772) 4624653 Fax:(772) 452.1578 Claim of Lien for PSL Permit 0630876 Prepared by and Return to Edein N1. Fry, Jr. Clerk or Circuit Court Oaniei S. W-I.tyre. ESQ $1 Lucie County County Attorney, St Lucie County Recorded 2300 Vrg:Na Avenue RECORDING FEE $ Foci Perce. FL 34982 Recorded by Permit Applicant MAGER CONSTRUCTION INC 4597 SW RIVERS END WAY PALM CITY. FL 34990 Slate of Florida County of Saint Lucie Property Owner fERIGOLD INVESTMENTS INC 11133 COBBLEFIELD RD WELLINGTON, FL 33467 BEFORE ME, the undersigned authority, personally appeared Douglas M. Anderson, who being duty sworn says. 1, Faye Outlaw, am acting on behalf of St. Lucie County, Florida, the lienor herein ('the County'), as Assistant County Administrator. The address of the County is 2300 Virginia Avenue. Fort Pierce, Florida 34982. That, MERIGOLD INVESTMENTS INC, hereinafter'Owner, is the record owner of the following described real property in St. Lucie County. Florida, upon which land development activity has been commenced. The Feepayer for such property is MAGER CONSTRUCTION INC. The legal description of such is as follows: Legal Description of Property: 1264 SW CALIFORNIA BLVD, SectionlBlocklLot 12- TRACT B3 Tax ID Number 342055700030001 Plat: Map Number. 43112N OR Book: 2264 OR Page: 1329 OR Book: OR Page: Pursuant to St Lucie County Ordinance No. 05-30, various impact fees are due from such property. The payments of such Impact Fees are delinquent in the following impact fees: PSL Road Impact Fee $47,127.40 PSL Building - Corrections Imp $5.094 54 PSL Building - Other Impact Fe S2,624.46 Together with a delinquency fee equal to ten percent (10%) of that amount The Building Impact Fee and delinquency fee shall accrue interest at the rate of nine (9%) percent per annum from the date of 313112007. Previously an Impact Fee Statement and Notice of Lien as served upon the Owner and the Feepayer setting forth the amount owed. That amount remains due and owing unpaid as of the date hereof. Printed on:1 MUM Saint Lucie County 2300 Virgfnla Ave Fort Pierce, FL 34982 Pnorw: 4772) 462-1653 Fas:47721462.1675 Claim of Lien for PSL Permit 0630876 St Lucie County Ordinance No. 05.30 provides that a lien for the unpaid impact fees may be imposed upon property for which land development action is commenced and the Feepayef is required to pay said impact fee WHEREFORE, St. Lucie County, Florida. claims a lien in the total amount of $54,846.40on the real property described above, which lien shall also secure the delinquency fee, interest, and cost of collection, including reasonable attorney's fees. Witnesses: St. Lucie County Print Name Print Name: Sworn to and subscribed before me th;s Printed Nama: Notary Pubfk:. State of Flor0la My C*=rn:ssion Expires: Commissxn No, Afriarl personal?y known Or produced aent,ricaGon Type of derdirption produced: Printed on:it/912008 6y. Faye Outlaw Asst County Adm+nytrator 2300 Virginia Avenue Fort Pearce: FL 34962 day of . 20_ Approved as to form and correctness: Assistant County Attorney From: Michael Brillhart Date: Mon, 22 Dec 2008 10:27:50 -0500 To: 'Steve Ball'<Steve@lpsconsultants.com> Subject: RE: Merigold Investments Steve, do you know if the City continues to have the Savona at California intersection improvement programmed within its current 5-year CIP? If not, can you provide a value estimate for the land dedicated by the owner to the City as it pertains to this project. Thanks Michael Brillhart St. Lucie County From: Steve Ball [mailto:Steve@Ipsconsultants.com] Sent: Monday, December 22, 2008 10:08 AM To: Katherine Smith; Michael Brillhart Cc: 'Chakkappan, Joy' Subject: Merigold Investments Attached please find a copy of a Claim of Lien filed by the county against my client, Merigold Investments. As you recall, we have been working on getting an impact fee agreement for this property for quite some time. It was finally resolved and scheduled for May 20, 2008, when the staff pulled it off the agenda per the request of the BCC. Please reschedule this for their final consideration to release this lien and resolve this problem. Thank you. Steven Ball, AICP Land Planning Systems, Inc. East Lake Professional Center 2100 SE Hillmoor Drive, Suite 202 Port St. Lucie, FL 34952 Ph: (772) 446-6363, Fax: 772-446-6365 www.l,psconsultants.com Please Mote: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No. 1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 I. MINUTES Approve the minutes from the February 10, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 20 and 21. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 10, 2009 Convened: 11:45 a.m. Adjourned: 11:46 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the January 27, 2009 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held January 27, 2009, and; upon roll call, motion carried unanimously. H. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 18 and 19. The Board approved Warrant List No. 18 and 19. B. MOSQUITO CONTROL 1. Request approval of Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., for Telemetry Equipment and Trihedral Program Maintenance and Monitoring Services. The Board approved of a Sole Source and authorized the Chairman to execute Amendment No. 1 to Contract No. C07-11-715, with Lacher Environmental Technology, Inc., a sole source representative of Campbell Equipment and Trihedral programs, in the annually renewable amount of $53,868.00, for the purpose of Campbell Equipment and Trihedral program maintenance and monitoring. 2. Consider approval to piggyback Indian River Mosquito Control District Invitation to Bid for Permethrin, a Mosquito Control adulticiding chemical. The Board approved to piggyback the July 2, 2008 Indian River County Mosquito Control District Invitation to Bid for Permethrin, and to purchase the chemicals as needed. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 02/13/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 07-FEB-2009 TO 13-FEB-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 39,193.10 145122 Indian River Lagoon Wetland Restora 1,000.31 GRAND TOTAL: 40,193.41 PAGE I PAYROLL 0.00 0.00 0.00 02/20/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #21- 14-FEB-2009 TO 20-FEB-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 23,182.37 GRAND TOTAL: 23,182.37 PAGE PAYROLL 36,165.70 36,165.70 I. MINUTES Approve meeting minutes from the February 10, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 20 and 21. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 10, 2009 Convened: 11:46 a.m. Adjourned: 11:47 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Chris Dzadovsky, Doug Coward, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk I. MINUTES Approve meeting minutes from the January 27, 2009 meeting. It was moved by Com. Grande, seconded by Com. Coward, to approve the minutes of the meeting held 3anuary 27, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 18 and 19. The Board approved Warrant List No. 18 and 19. B. PUBLIC WORKS Artificial Reef Grant Program: Accept a $5,000.00 donation from Mr. Bob Herbst. Approval of Budget Resolution No. 09-004 to make funds available from this donation in Account 184-3710-563005-39003 Artificial Reef Infrastructure. The Board accepted the $5,000 donation from Mr. Bob Herbst and approved Budget Resolution No. 09-004. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 02/13/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 07-FEB-2009 TO 13-FEB-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 106.97 GRAND TOTAL: 106.97 PAGE PAYROLL 0.00 0.00 02/20/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #21- 14-FEB-2009 TO 20-FEB-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,127.60 GRAND TOTAL: 3,127.60 PAGE ' _ PAYROLL 4, 966.40 4, 966.40