Loading...
HomeMy WebLinkAboutAgenda Packet 03-24-2009 ~.3 3 ~OtPP9 ~h~ Y~v$i~~'~ ~}YJ~,~~[?.~ • L` ~ . r ~ ~ ,.:~,.a _ ..a . . ~ .,a~ ~a s , . , , . . < ~ March 24, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA ~FI~E ~~~~4'~~~~ 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. • March 24, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.orq 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. 5 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 17, 2009 meeting. ~'V~ ~ J IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-080 - Proclaiming the month of April 2009 as ~~Water Conservation Month" in St. Lucie ~ O County, Florida. / Consider staff recommendation to adopt Resolution No. 09-080 as drafted. ~ AGRICULTURE EXTENSION ~PP,~ ~ Agricultura) Awareness Week in St. Lucie County, Florida Consider staff recommendation to approve Resolution No. 09-081 - A Resolution proclaiming March 30, 2009 through April 4, 2009 as ~~Agricultural Awareness Week" in St. Lucie County, Florida. C. COUNTY ATTORNEY ,,~Ied Resolution No. 09-090 - Proclaiming March 31, 2009 through April 5, 2009 as "The Fifth Annual Zora T Fest! Dust Tracks in Florida Celebration"; and further designating Saturday, April 4, 2009, as ~~Zora Neale 1"'~Q Hurston Day" in St. Lucie County, Florida. ~ Consider staff recommendation to adopt Resolution No. 09-090 as drafted. D. COUNTY ATTORNEY~~ ~~r~~~t~?~' ~~~,k~-- ~~P 1~-~.. ~ ~ Resolution No. 09-102 - Ur in the Florid Le is ature to increase fundin for e commun based 9 9 9 9 Healthy Start Coalition in order to reduce infant death and increase the health and well being of Florida ~ ~ mothers through the services and programming provided by the Healthy Start Coalition. i Consider staff recommendation adopt the attached Resolution No. 09-102 as drafted. }~o~u~{~i w~ ~ C'~ ~ CL`~ r 1.~.~ ~ s~-v d~c,~.l;s~~ . • E.~ COUNTY ATTORNEY ~'OJ Resolution No. 09-106 - Proclaiming April 5, 2009, as ~~Parents and Children's Day" in St. Lucie County, ~~P ~ 0 Florida. ~ Consider staff recommendation to adopt Resolution No. 09-106 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 25. B. COUNTY ATTORNEY ,1. St. Lucie County Fairgrounds - Supplemental Lease Agreement No. 3 for Storage of FEMA Trailers. Consider staff recommendation to approve the proposed Supplemental Lease Agreement No. 3 with General Services Administration for storage of FEMA trailers at the St. Lucie County Fairgrounds, and authorize the Chair to sign Supplemental Lease Agreement No. 3. Y ~pp~~~ "1 ~ ~0 1 ' ~ , - ~ ~ ~ C. GRANTS ~ 2. Staff recommends approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for an amount not to exceed $103,800 toward the construction cost of a restroom and waste line at Stan Blum Boat Ramp. Staff also recommends approval of Resolution 09-091 (Attachment 1) authorizing the submittal of the application. 3. Staff recommends approval to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $103,800 toward the construction of a restroom and waste line at Stan Blum Boat Ramp, and approval of Resolution 09-092 authorizing the submittal. 4. Staff recommends Board approval to proceed with engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. In addition, Staff recommends authorization to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for an amount not to exceed $47,500 toward the construction of a single lane boat ramp on Little Mud Creek at Blind Creek Park, and approval of Resolution 09-096 authorizing submittal. 5. Staff recommends Board approval to proceed with engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. In addition, Staff recommends authorization to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $47,500 toward the construction of a single lane boat ramp on Little Mud Creek at Blind Creek Park, and approval of Resolution No. 09-096 authorizing the submittal. 6. Staff recommends approval of a Memorandum of Understanding (MOU), outlining general responsibilities, among designated stakeholders, in the St. Lucie County Health Access Network and authorization for the Chair to sign the Memorandum of Understanding. 7. Staff recommends approval for the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $209,564 to retrofit all or a portion of four County buildings with high impact glass or storm shutters/awnings/screens. In addition, approval is recommended for Resolution No. 09-100, which is necessary to complete the grant application. 8. Staff recommends that the Board authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito Impoundments 1 and 6. In addition, approval is recommended for Resolution 09- 101, which is necessary to complete the grant application. 9. Approve the submittal of a grant application to the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant in the amount of $2,500,000 for restoration of Impoundment 14C wetlands. The NOAA Coastal and Marine Habitat Restoration Project Grant Program is part of the Federal Economic Stimulus Program and requires no matching funds. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. Consider staff recommendation to approve the submittal of the grant application to the NOAA Coastal and Marine Habitat Restoration Project. • ~ D. COMMUNITY SERVICES 1. Permission to advertise for a Request for Qualifications for all eligible agencies in St. Lucie County that meet the criteria, as required, for distribution of the Choose Life License plate funds collected in St. Lucie County. Consider staff recommendation to grant permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(30), Florida Statutes, to receive funding from the Choose Life License Plates. 2. Request permission to advertise a Request for Qualification (RFQ) for Public Transportation Services for St. Lucie County. Consider staff recommendation to approve to advertise a RFQ for Public Transportation services for St. Lucie County and authorize the Chair to sign all necessary documents. 3. Acceptance of the Florida Department of Transportation Supplemental Joint Participation Agreement No. 3; approval of the Capital Improvement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Fort Pierce Redevelopment Agency. Consider staff recommendation to approve Acceptance of the Florida Department of Transportation Supplemental Joint Participation Agreement No. 3; approval of the Capital Improvement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Fort Pierce Redevelopment Agency; authorization for the Chair to sign all necessary documents. E. AIRPORT 1. Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of Airfield Fence Obstruction Lights at St. Lucie County International Airport. Consider staff recommendation to approve Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of Aifield Fence Obstruction Lights at St. Lucie County International Airport, and authorize Chair or designee to execute same. 2. Treasure Coast FBO, LLC - Revocable License Agreement for Aviation Fuel Truck Parking. Consider staff recommendation to approve the proposed Revocable License Agreement with ~ Treasure Coast FBO, LLC, and authorize the Chairman to sign the License Agreement. \ ~N ~P ~ o i~rn -~vv e I~~~h amer~drn~~' ~-v C 1. M ~ ~ P~ P • ~ F. PUBLIC WORKS 1. Emergency Repairs Related to Tropical Strom Fay - Verada Ditch Improvements North of Calmoso Drive and Calmoso Drive Replacement. Consider staff recommendation to approve award of the Emergency Repairs related to Tropical Strom Fay for the Verada Ditch North of Calmoso Drive and Calmoso Drive Culvert Re lacement Pro~ects to the low bidder, Dickerson Florida, Inc. in the amount of ~ Staff also recommends the Board approve Work Authorization No. 22 (Verada Ditch Improvements North to Calmoso Drive) to Dunkelberger Engineering and Testing in the amount of $53,000, and authorize the Chair to sign. 2. Emergency Repairs Related to Tropical Storm Fay - Verada Ditch Improvements South to Calmoso Drive and Lucero Drive Culvert Replacement. Consider stafF recommendation to approve award of the Emergency Repairs related to Tropical Strom Fay for the Verada Ditch South of Calmoso Drive and Lucero Drive Culvert Replacement Pro'ects to the low bidder, Ran er Construction Industries Inc., in the amount of r~ Staff also recommends the Board approve Work Authorization No. 23 (Verada Ditch Improvements South of Calmoso Drive) to Dunkelberger Engineering and Testing, in the amount of $66,705, and authorize the Chair to sign. 3. Okeechobee Road (SR 70) - Left Turn Lane at Peacock Road Consider staff recommendation to approve waiver of formal bidding process and utilize the opportunity provided by the Florida Department of Transportation SR 70 Widening project by entering into a sole source contract with Dickerson Florida, Inc. in the amount of $185,293.85 for the construction of a left turn lane on Okeechobee Road at Peacock Road. 4. Fort Pierce South Mine Consider staff recommendation to approve to schedule a public hearing to be held May 5, 2009 at 6:00 p.m. or soon thereafter to consider the request of Fort Pierce South Mine permit expansion. 5. Lennard Road Municipal Service Benefit Units (MSBU) 1, 2, and 3, for Paving and Drainage, Water, and Sewer, respectively. Consider stafF recommendation to reject all bids and allow for the rebidding of the projects. 6. Sunland Gardens Phase II Municipal Services Benefit Unit (MSBU) Project Budget and Interim Financing. Consider staff recommendation to adopt Resolution No. 09-057 (Attachment 1) to establish a budget and authorize the Office of Management and Budget to proceed with additional interim financing to fund the construction of potable water mains for Sunland Gardens Phase II MSBU. ~ • ~ G. GROWTH MANAGEMENT 1. Request of Adams Homes of New Florida for final plat for a two (2) lot residential subdivision called "Adams Record Plat". The proposed plat is a re-plat of Lots 23, 24 and 25 of 93, Lakewood Park Unit 8 as recorded in Plat Book 11, Page 19 of the Public Records of St. Lucie County Florida into two (2) lots. Consider staff recommendation to approve the final plat of "Adams Record Plat" and authorize final signature and recording. 2. Permission to advertise Ordinance No. 09-012, accepting the Draft Land Development Code as received from Municipal Code Corporation (Municode), and Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. Consider staff recommendation to authorize staff to advertise proposed Ordinances 09-012 and 09-013 for public hearings before the Local Planning Agency on April 16, 2009 and the Board of County Commissioners on May 5, 2009 and May 19, 2009 beginning at 6:00 p.m. or as soon thereafter as may be heard. H. MANAGEMENT AND BUDGEf 1. Purchasing Division - Board approval of the cancellation without cause of contract C07-09-494 with Smufit-Stone Container Corporation. Consider staff recommendation to approve the cancellation without cause of contract C07-09-494 with Smufit-Stone Container Corporation 3. Purchasing Division - Board approval of the third amendment to contract C06-08-278 with South Florida Concrete Service, Inc. and permission to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt Installation as needed. Consider staff recommendation to approve the third amendment to contract C06-05-278 with South Florida Concrete Services, Inc. extending the contract through September 30, 2009, permission for the Chair to sign the amendment as prepared by the County Attorney and approval to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt installation as needed. I. ENVIRONMENTAL RESOURCES 1. Extension of the South Florida Water Management District/St. Lucie River Issues Team grant for °Living in a Watershed" exhibit at the Oxbow Eco-Center. Consider staff recommendation to approve to extend the SFWMD/St. Lucie River Issues Team Grant to September 30, 2009 for the design, construction, and installation of a°Living in a Watershed" exhibit at the Oxbow Eco-Center, and authorize the Chair to sign the amended contract. ' ~ I. ENVIRONMENTAL RESOURCES CONTINUED 2. Transfer of surplus capital improvement funds to other projects, and approval of CIP summaries (CIP09-033 and CIP09-034). Consider staff recommendation to approve the transfer of surplus funds as identified in Attachment A, and approval of CIP summaries (CIP09-033 and CIP09-034). J. UTILITIES 1. Staff requests the Boards' permission to declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1 and request a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Ditchdiggers, Inc. (local contractor) in the amount of $864,131.88. Consider staff recommendation to declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1, approve a bid waiver per the Purchasing Manual Section 5.5 and approve the formal quote from Ditchdiggers, Inc. (local contractor) in the amount of $864,131.88. 2. Staff requests permission to advertise and provide notice to customers for a Public Hearing to consider proposed Utility Rate Tariffs for the St. Lucie County Water & Sewer District. The Public Hearing would be at the regular meeting of the Board on April 7, 2009. (Night Meeting) Consider staff recommendation to grant permission to advertise and provide notice to customers for a Public Hearing on April 7, 2009 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. 3. Staff requests approval of the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. Consider staff recommendation to approve the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for March 24, 2009. ~n END OF PUBLIC HEARINGS REGULAR AGENDA ~ e..,., P1~L~E~ F"R~' a _ . R ~ _ ~ , ~ \ ~ ~ ~ IX. COUNTY ATTORNEY ~ Resolution No. 09-082 - Amendment to the Investment Policy /U Consider staff recommendation to adopt Resolution No. 09-082 and authorize the Chair to sign the Resolution. ~ ~ C~f-- ~ Gr~,d,~, -t~v : - ~ r d ~ , _ ~ra ~ ~ ~,r~~ ~ ~ s D~d ~z~v ~ ~ ~ ~ n ~ ~ g, i..~„ ~ ~~~ii ~'1.(~~~~ (.k ~ v ~'CC P~~~ ~L" ~ ~ ~S(~ ~ ~~^-l1'~r~~' ~j I c: C U ~'}n db vLC7~G~- .L~ l.~ d' /1 ~ ~ . . ~o,a,. , ~ , ' .~j , ~ 1'~~. ~ l oc~~~ cy-~.~ `~(~~a~ L~~~-~ncr ~~5~~~~r~C~ ~7~-r~~b~~~+i~~~ ~~c,~/ ~ ?(tr loYv~ ',~l ir~~~~~,,,~ C~~~u ~o ~rn-~ t~~ 75~~a, , ~ XII. ADMINISTRATION ' ~ ~~L ~ ~ ~vo.r~~ ~U t~~i1"K~n(~ ~ ~,,~-s~, ~„i~~'~~~E p ~;s~~~„~~~,~~~ ti~µ r-~~~ School Resource Officer (SRO) Programs in St. Lucie County. Presentation by Dr. Judi Miller, Chair School Board G~ of St. Lucie County and Dr. Michael Lannon Superintendent of The School Board of St. Lucie County. _„C;~, ~r!'~~ XIII. ANNOUNCEMENTS L~~~~%'l~ ' • A6 1. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Monday, March 30, 2009 at 1:00 p.m. in the Commission Chambers at the City of Fort Pierce. 2. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 3, 2009, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. The USDA will be conducting an open house from 10 a.m. - 3 p.m. There is no cost for either event. Transportation and lunch will be provided thanks to our sponsors. Casual attire is recommended, as we will be outdoors a large portion of the tour. Extension programs are open to all persons without regard to race, color, sex, age, disability, religion, or national origin. Participants with disabilities are asked to indicate any necessary accommodations ahead of time by calling Karen at (772) 462-1660 before Friday, March 20. 3. Zora Fest! will be Friday, Saturday and Sunday, April 3~d, 4tn 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.stlucieco.or4/culturalaffairs/index.htm. 4. A public workshop to discuss proposed new rates, fees and charges for St. Lucie Counry Water & Sewer District (Does not include the South Hutchinson Island District wastewater customers.) will be held on March 31, 2009 from 6-8 pm in the County Commission Chambers at 2300 Virginia Ave., Fort Pierce, FL. For additional information please call the Utilities at 772-462-1175. 5. The Oxbow Eco-Center's 9th Annual Earth Day Festival will be held on April 18th from l0am until 3pm. The theme of the Festival is "Growing Green Together" in St. Lucie County and will highlight alternative energy, water harvesting, healthy homes, slow foods, and lots more. This fun-filled event is designed for the entire family with games, crafts, live animals, musical entertainment, and a wildlife parade. The event is free and open to the public. • XIII. ANNOUNCEMENTS CONTINUED 6. The 18th Annual United Veterans Golf Classic will be held at Fairwinds Golf Course, Ft. Pierce, FL on April 18, 2009 this event is sponsored by St. Lucie County Veteran Services to benefit the St. Lucie County United Veterans Transportation Program. The tournament is limited to the first 128 paid players. For more information please call 772-337-5670. 7. The Master Gardener Spring into Gardening Festival will be held on Saturday April 25th from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m. where you can sample fruits you may have never tried before! The sale will be hetd at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http:J/stlucie.ifas.ufl.edu for additional information. ~ ` MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.ora ~ . '-e . '~:3 .'.e~~ 6r _ ~ . _ _ ::k." '.i 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 ~~~-~Jj ~ Approve the minutes from the March 10, 2009 meeting. Qy II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ~A. WARRANTS 6,~ Approve warrant list No. 24 and 25. B. MANAGEMENT AND BUDGEf Purchasing Division - Board approval of the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall Consider staff recommendation to approve the cancellation without cause of contract C08-03-217 with Freud ]ean d/b/a Coverall C. GRANTS 1. Staff recommends that the Board approve Work Authorization No. 4 to (Attachment 1) Contract No. C08-01-062 relating to design, engineering and permitting services for a single-lane boat ramp to be located at Little Mud Creek in Blind Creek Park. In addition, Staff recommends approval of authorization to proceed with said engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. 2. Approve an expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. The Board is also being requested to approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. The engineering, environmental, and permitting services need to be expedited to ensure the project is °shovel- ready" for a potential Federal Stimulus Program grant. Consider staff recommendation to approve the expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. Staff also recommends the Board approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. 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-lucie.fl.us www.stlucieco.orq E. 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 I. MINUTES Approve meeting minutes from the March 10, 2009 meeting. ~PP~ ~ Approve meeting minutes from the March 17, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ~ . WARRANTS ~~1u' Approve warrant list No. 25 ,/~/l~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forry-eight (48) hours prior to the meeting. ? ;~,~,~Y 4 'gq#~~bR~ag~u~ Jki%}~ ' ~I u. ~ f / . i a . wu. ~..-'F~.~. ~ i~iiiiTtiiiiil~v~lii~i~~[i~~~~~~~' ~ ~~ii~[~i~ifii~ March 24, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEEfINGS 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. MEEfINGS - 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. March 24, 2009 ~ 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie fl us www.stlucieco.ora ~ Paula A. Lewis, Chairman District No. 3 Charies Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 17, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-080 - Proclaiming the month of April 2009 as "Water Conservation Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-080 as drafted. B. AGRICULTURE EXTENSION Agricultural Awareness Week in St. Lucie County, Florida Consider staff recommendation to approve Resolution No. 09-081 - A Resolution proclaiming March 30, 2009 through April 4, 2009 as "Agricultural Awareness Week" in St. Lucie County, Florida. C. COUNTY ATTORNEY Resolution No. 09-090 - Proclaiming March 31, 2009 through April 5, 2009 as "The Fifth Annual Zora Fest! Dust Tracks in Florida Celebration"; and further designating Saturday, April 4, 2009, as "Zora Neale Hurston Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-090 as drafted. D. COUNTY ATTORNEY Resolution No. 09-102 - Urging the Florida Legislature to increase funding for the community based Healthy Start Coalition in order to reduce infant death and increase the health and well being of Florida mothers through the services and programming provided by the Healthy Start Coalition. Consider staff recommendation adopt the attached Resolution No. 09-102 as drafted. ` E. COUNTY ATTORNEY Resolution No. 09-106 - Proclaiming April 5, 2009, as '~Parents and Children's Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-106 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 25. B. COUNTY ATTORNEY 1. St. Lucie County Fairgrounds - Supplemental Lease Agreement No. 3 for Storage of FEMA Trailers. Consider staff recommendation to approve the proposed Supplemental Lease Agreement No. 3 with General Services Administration for storage of FEMA trailers at the St. Lucie County Fairgrounds, and authorize the Chair to sign Supplemental Lease Agreement No. 3. ~ ~ . ~~i13 s~.. : _ . . . - . ~ _ . ~ , ~ ~ o ~ ~ ~ _ - ~ h ~ ~ _ . ~ . ~ ; ~s ~ . _ ~i~ ^ ~ ~ . _ ~ _ ~ v~ F p~~' ~ ~~a ~ ~v 9 ~1r1 ~ R~! ,-r_ . _ , ro ~ , . a. ~r:ti, : ~ ~'~.r ro,,'by • . ~..m,. ~ , . x ~ R4 ~ 5~.~.' p r, - , . , ~`.....e~.'~ , ~~4,. 5 ,~'„m ~71'~ir~Y,~ ..-,;p,,..~ .a ~ b ~~3 ~ ~ p',k:"ri':'^~'o'~'~'~+.~,,:". ~ x. ' < . . . . , .a~:~ ~ _ _ . ~.T~~~~~~~+ ~Qr ~ ~ ~ _ . . .......,w. . ror ~ ~~'"~"x` _ ~+ci~~~.~~?~,.~_ - ~t"~eit: ~ ~ ~ ~:Y p:~...~ ~ ~~i~~~~t~e ~4_ _ . ~ _ _X_: . , ~ . . „ ; , _ . ~ ~ O _ ~ , ~ , , = t1 ~ ~~~t ~ ~~w . C, GRANTS ' 2. Staff recommends approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for an amount not to exceed $103,800 toward the construction cost of a restroom and waste line at Stan Blum Boat Ramp. Staff also recommends approval of Resolution 09-091 (Attachment 1) authorizing the submittal of the application. 3. Staff recommends approval to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $103,800 toward the construction of a restroom and waste line at Stan Blum Boat Ramp, and approval of Resolution 09-092 authorizing the submittal. 4. StafF recommends Board approval to proceed with engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. In addition, StafF recommends authorization to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for an amount not to exceed $47,500 toward the construction of a single lane boat ramp on Little Mud Creek at Blind Creek Park, and approval of Resolution 09-096 authorizing submittal. 5. Staff recommends Board approval to proceed with engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. In addition, Staff recommends authorization to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $47,500 toward the construction of a single lane boat ramp on Little Mud Creek at Blind Creek Park, and approval of Resolution No. 09-096 authorizing the submittal. 6. Staff recommends approval of a Memorandum of Understanding (MOU), outlining general responsibilities, among designated stakeholders, in the St. Lucie County Health Access Network and authorization for the Chair to sign the Memorandum of Understanding. 7. Staff recommends approval for the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $209,564 to retrofit all or a portion of four County buildings with high impact glass or storm shutters/awnings/screens. In addition, approval is recommended for Resolution No. 09-100, which is necessary to complete the grant application. 8. Staff recommends that the Board authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito Impoundments 1 and 6. In addition, approval is recommended for Resolution 09- 101, which is necessary to complete the grant application. 9. Approve the submittal of a grant application to the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant in the amount of $2,500,000 for restoration of Impoundment 14C wetlands. The NOAA Coastal and Marine Habitat Restoratiorr Project Grant Program is part of the Federal Economic Stimulus Program and requires no matching funds. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. Consider staff recommendation to approve the submittal of the grant application to the NOAA Coastal and Marine Habitat Restoration Project. ~ D. COMMUNITY SERVICES 1. Permission to advertise for a Request for Qualifications for all eligible agencies in St. Lucie County that meet the criteria, as required, for distribution of the Choose Life License plate funds collected in St. Lucie County. Consider staff recommendation to grant permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(30), Florida Statutes, to receive funding from the Choose Life License Plates. 2. Request permission to advertise a Request for Qualification (RFQ) for Public Transportation Services for St. Lucie County. Consider staff recommendation to approve to advertise a RFQ for Public Transportation services for St. Lucie County and authorize the Chair to sign all necessary documents. 3. Acceptance of the Florida Department of Transportation Supplemental Joint Participation Agreement No. 3; approval of the Capital Improvement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Fort Pierce Redevelopment Agency. Consider staff recommendation to approve Acceptance of the Florida Department of Transportation Supplemental Joint Participation Agreement No. 3; approval of the Capital Improvement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Fort Pierce Redevelopment Agency; authorization for the Chair to sign all necessary documents. E. AIRPORT 1. Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) )oint Participation Agreement (JPA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of Ai~eld Fence Obstruction Lights at St. Lucie County International Airport. Consider staff recommendation to approve Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (]PA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of Airfield Fence Obstruction Lights at St. Lucie County International Airport, and authorize Chair or designee to execute same. 2. Treasure Coast FBO, LLC - Revocable License Agreement for Aviation Fuel Truck Parking. Consider staff recommendation to approve the proposed Revocable License Agreement with Treasure Coast FBO, LLC, and authorize the Chairman to sign the License Agreement. F. PUBLIC WORKS ~ 1. Emergency Repairs Related to Tropical Strom Fay - Verada Ditch Improvements North of Calmoso Drive and Calmoso Drive Replacement. Consider staff recommendation to approve award of the Emergency Repairs related to Tropical Strom Fay for the Verada Ditch North of Calmoso Drive and Calmoso Drive Culvert Re lacement Pro'ects to the low bidder, Dickerson Ftorida Inc., in the amount of Staff also recommends the Board approve Work Authorization No. 22 (Verada Ditch Improvements North to Calmoso Drive) to Dunkelberger Engineering and Testing in the amount of $53,000, and authorize the Chair to sign. 2. Emergency Repairs Related to Tropical Storm Fay - Verada Ditch Improvements South to Calmoso Drive and Lucero Drive Culvert Replacement. Consider staff recommendation to approve award of the Emergency Repairs related to Tropical Strom Fay for the Verada Ditch South of Calmoso Drive and Lucero Drive Culvert Replacement Projects to the low bidder, Ran er Construction Industries, Inc., in the amount of Staff also recommends the Board approve Work Authorization No. 23 (Verada Ditch Improvements South of Calmoso Drive) to Dunkelberger Engineering and Testing, in the amount of $66,705, and authorize the Chair to sign. 3. Okeechobee Road (SR 70) - Left Turn Lane at Peacock Road Consider staff recommendation to approve waiver of formal bidding process and utilize the opportunity provided by the Florida Department of Transportation SR 70 Widening project by entering into a sole source contract with Dickerson Florida, Inc. in the amount of $185,293.85 for the construction of a left turn lane on Okeechobee Road at Peacock Road. 4. Fort Pierce South Mine Consider staff recommendation to approve to schedule a public hearing to be held May 5, 2009 at 6:00 p.m. or soon thereafter to consider the request of Fort Pierce South Mine permit expansion. 5. Lennard Road Municipal Service Benefit Units (MSBU) 1, 2, and 3, for Paving and Drainage, Water, and Sewer, respectively. Consider staff recommendation to reject all bids and allow for the rebidding of the projects. 6. Sunland Gardens Phase II Municipal Services Benefit Unit (MSBU) Project Budget and Interim Financing. Consider staff recommendation to adopt Resolution No. 09-057 (Attachment 1) to establish a budget and authorize the Office of Management and Budget to proceed with additional interim financing to fund the construction of potable water mains for Sunland Gardens Phase II MSBU. ~ ~ . _ ~ . . ~ x. . , s . :~D~~_ , ~ , . x...~. • ' G. GROWTH MANAGEMENT 1. Request of Adams Homes of New Florida for final plat for a two (2) lot residential subdivision called "Adams Record Plat". The proposed plat is a re-piat of Lots 23, 24 and 25 of 93, Lakewood Park Unit 8 as recorded in Plat Book il, Page 19 of the Public Records of St. Lucie County Florida into two (2) lots. Consider staff recommendation to approve the final plat of °Adams Record Plat" and authorize final signature and recording. 2. Permission to advertise Ordinance No. 09-012, accepting the Draft Land Development Code as received from Municipal Code Corporation (Municode), and Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. Consider staff recommendation to authorize staff to advertise proposed Ordinances 09-012 and 09-013 for public hearings before the Local Planning Agency on April 16, 2009 and the Board of County Commissioners on May 5, 2009 and May 19, 2009 beginning at 6:00 p.m. or as soon thereafter as may be heard. H. MANAGEMENT AND BUDGEf 1. Purchasing Division - Board approval of the cancellation without cause of contract C07-09-494 with Smurfit-Stone Container Corporation. Consider staff recommendation to approve the cancellation without cause of contract C07-09-494 with Smurfit-Stone Container Corporation _ - ~ 8~tn Y,, ~ . ~ ~ _ ~ . . . T> . . . ~ ~ e ~ .~E,.: ~ y._: _ ~ - _ - ~ ~ ...,9 3. Purchasing Division - Board approval of the third amendment to contract C06-08-278 with South Florida Concrete Service, Inc. and permission to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt Installation as needed. Consider staff recommendation to approve the third amendment to contract C06-05-Z78 with South Florida Concrete Services, Inc. extending the contract through September 30, 2009, permission for the Chair to sign the amendment as prepared by the County Attorney and approval to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt installation as needed. I. ENVIRONMENTAL RESOURCES 1. Extension of the South Florida Water Management District/St. Lucie River Issues Team grant for "Living in a Watershed" exhibit at the Oxbow Eco-Center. Consider stafF recommendation to approve to extend the SFWMD/St. Lucie River Issues Team Grant to September 30, 2009 for the design, construction, and installation of a"Living in a Watershed" exhibit at the Oxbow Eco-Center, and authorize the Chair to sign the amended contract. I. ENVIRONMENTAL RESOURCES CONTINUED ~ 2. Transfer of surplus capital improvement funds to other projects, and approval of CIP summaries (CIP09-033 and CIP09-034). Consider staff recommendation to approve the transfer of surplus funds as identified in Attachment A, and approval of CIP summaries (CIP09-033 and CIP09-034). J. UTILITIES 1. Staff requests the Boards' permission to declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1 and request a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Ditchdiggers, Inc. (local contractor) in the amount of $864,131.88. Consider staff recommendation to declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1, approve a bid waiver per the Purchasing Manual Section 5.5 and approve the formal quote from Ditchdiggers, Inc. (local contractor) in the amount of $864,131.88. 2. StafF requests permission to advertise and provide notice to customers for a Public Hearing to consider proposed Utility Rate TarifFs for the St. Lucie County Water & Sewer District. The Public Hearing would be at the regular meeting of the Board on April 7, 2009. (Night Meeting) Consider staff recommendation to grant permission to advertise and provide notice to customers for a Public Hearing on April 7, 2009 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. 3. Staff requests approval of the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. Consider staff recommendation to approve the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for March 24, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. GROWTH MANAGEMENT Petition of Dennis Murphy, Culpepper & Terpening Inc., for a 12 Month Extension of The Meridian of North Hutchinson Island Major Site Plan project for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (file No. BCC 720081502). Consider staff recommendation to adopt Draft Resolution No. 09-021 granting the requested 12-month extension The Meridian of North Hutchinson Island Major Site Plan. IX. COUNTY ATTORNEY Resolution No. 09-082 - Amendment to the Investment Policy Consider staff recommendation to adopt Resolution No. 09-082 and authorize the Chair to sign the Resolution. ~ ~C , ~M[~1RiT~(~1~~5 . ~ ~ - _ , ~ ~ S~~t~~ ~ ~ ~ . ~.~~,~~r-~~ ~ ~ ~ ~ s : r~~~~ ,~s~~+ce~r~he . ~ ~ ~ : = - - - v. . ~~~±~e~~,.~~~~ v_ ~~-~EQ~ ~ ~I. 1~ , . _ t _ _ _ ~ ~ . ' - ~ . , _ _ - . _ v ~ , ~ , - - ~ ~ ~ ~ ~ 1~~~~~~ _ o. , _ XII. ADMINISTRATION School Resource Officer (SRO) Programs in St. Lucie County. Presentation by Dr. Judi Miller, Chair School Board of St. Lucie County and Dr. Michael Lannon Superintendent of The School Board of St. Lucie County. XIII. ANNOUNCEMENTS 1. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Monday, March 30, 2009 at 1:00 p.m. in the Commission Chambers at the City of Fort Pierce. 2. This year's Agricultural Tour, presented by the St. Lucie County Extension Advisory Council will be April 3, 2009, beginning at 7:30 a.m. at the USDA Horticultural Research Lab located at 2001 S. Rock Road in Fort Pierce. The USDA will be conducting an open house from 10 a.m. - 3 p.m. There is no cost for either event. Transportation and lunch will be provided thanks to our sponsors. Casual attire is recommended, as we will be outdoors a large portion of the tour. Extension programs are open to all persons without regard to race, color, sex, age, disability, religion, or national origin. Participants with disabilities are asked to indicate any necessary accommodations ahead of time by calling Karen at (772) 462-1660 before Friday, March 20. 3. Zora Fest! will be Friday, Saturday and Sunday, April 3~d, 4tn 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 (77Z) 462-1767 or go online at www.stlucieco.org/cufturalaffairs/index,htm. 4. A public workshop to discuss proposed new rates, fees and charges for St. Lucie County Water & Sewer District (Does not include the South Hutchinson Island District wastewater customers.) will be held on March 31, 2009 from 6-8 pm in the County Commission Chambers at 2300 Virginia Ave., Fort Pierce, FL. For additional information please call the Utilities at 772-462-1175. 5. The Oxbow Eco-Center's 9th Annual Earth Day Festival wilf be held on April 18th from 10am until 3pm. The theme of the Festival is "Growing Green Together" in St. Lucie County and will highlight alternative energy, water harvesting, healthy homes, slow foods, and lots more. This fun-filled event is designed for the entire family with games, crafts, live animals, musical entertainment, and a wildlife parade. The event is free and open to the public. XIII. ANNOUNCEMENTS CONTINUED ~ 6. The 18th Annual United Veterans Golf Classic will be held at Fairwinds Golf Course, Ft. Pierce, FL on April 18, 2009 this event is sponsored by St. Lucie County Veteran Services to benefit the St. Lucie County United Veterans Transportation Program. The tournament is limited to the first 128 paid players. For more information please call 772-337-5670. 7. The Master Gardener Spring into Gardening Festival will be held on Saturday April 25th from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m. where you can sample fruits you may have never tried before! The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.oro M~ . . . .:,a._~ . _ _ a.. ..,,.v ~ Giii~;r~i~~i~i , -~i 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 _ _.y _ _ ,_r ~ . , - - _ ~ I. MINUTES Approve the minutes from the March 10, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 24 and 25. B. MANAGEMENT AND BUDGET Purchasing Division - Board approval of the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall Consider staff recommendation to approve the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall C. GRANTS 1. Staff recommends that the Board approve Work Authorization No. 4 to (Attachment 1) Contract No. C08-01-062 relating to design, engineering and permitting services for a single-lane boat ramp to be located at Little Mud Creek in Blind Creek Park. In addition, StafF recommends approval of authorization to proceed with said engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. 2. Approve an expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. The Board is also being requested to approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. The engineering, environmental, and permitting services need to be expedited to ensure the project is "shovel- ready" for a potential Federal Stimulus Program grant. Consider staff recommendation to approve the expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. StafF also recommends the Board approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. 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 disabiliry requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (77Z) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.or4 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 I. MINUTES Approve meeting minutes from the March 10, 2009 meeting. Approve meeting minutes from the March 17, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 25 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disabiliry 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. 3~~ ~ - ~ . ~ ~ 1 ~j ~~~i~. ~ ~ . . ; i ir ~~~i~ ~J~.,- .r_~_ ^J~.J. - e ~ ~ ~ ~ ~ • . ~ ~ . . . ~ • ;la~ • • ~p s ~ ~ e ~ • • ° ~'.J~r_ ~J~, ~ ~I~il~' t:, . ~1 . ~ ~ y~ : s • ~ • • 1 s-~"~ i~,II~i~ ¦ ry~. ~ ~ a , a', i £ 3'k • ~ • i - ~ ~ ~ ~ . • ~~1 ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ' ~ • ~ ~ ~ ~ ~ ~ l'1" . ~ ~ , Kiy' 1t E~ . _ ~'~'.m a • • ~ x~`-~ ~ ~ ~ ' Very Low and Low hcome ae . ~ So%Assistance 57z,7a7.4o sag6,o6}.7 s:.. -~~,s ~.5 t.. ~ aoo46Asvstanre fiq5,434.~ f59~.~~7.40 5~~3,346.30 - :~.3~ Moderate Income o i3i Unavailable - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 5o%ASSlstance s34o~ ~~3~55 • • ~ • • • ~ • • • • ~ ~ • • . ~ ' ~ • • • i~. • • ~ ~ i J / . ' ~y; l~~ ~ COUNTY ADMINISTRATION ~ ' • ' ~ ` MEMORANDUM 09-029 TO: Board of County Commissioners FROM: Faye W. Outlaw, MPA, County • DATE: March 23, 2009 RE: Citizens' Budget Committee Recommendation: SRO Funding Last Friday, the Citizen Budget Committee (CBC) held its regular scheduled March meeting. The meeting agenda included a discussion on the March 11th letterfrom Dr. Judi Miller to the BOCC Chair Paul Lewis regarding the funding options for the School Resource Officer Program. The CBC, by unanimous vote, recommended the Board of County Commissioners investigate the adoption of a Municipal Services Taxing Unit for permanent funding of the School Resource Officers Program and possible School Nurse Program. As the Board is aware, Dr. Miller and Dr. Lannon are scheduled to make a presentation on the funding options to the Board at this Tuesday's Board meeting. c: Lee Ann Lowery, Assistant County Administrator Marie Gouin, Management and Budget Director , ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 17, 2009 Convened: 6:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outiaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin, Management and Budget Director, Mark Satterlee, Growth Management Director, Miilie Delgado-Feliciano, Deputy Cierk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the March 10, 2009 meeting. It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held March 10, 2009, and; upon roll cail, motion carried unanimously. N. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-078 - Recognizing the outstanding service provided by the Make-A-Wish Foundation of Southern Florida; and Proclaiming March 19, 2009, as ~~Make-A-Wish Foundation of Southern Florida Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-078 as drafted. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09-078, and; upon roll call, motion carried unanimously. B. Resolution No. 09-086 - Respectfully requesting the Judicial, Executive, and Legislative Branches of the United States of America assign one of the existing permanent sitting Federal District Court )udges to be transferred to St. Lucie County in order to sit as a permanent sitting Federal District Court Judge at the new Fort Pierce Federal Courthouse located in the Southern District of Florida, upon its completion of construction. Consider staff recommendation to adopt the attached Resolution No. 09-086 as drafted. This item was pulled prior to the meeting. C. Resolution No. 09-089 proclaiming the month of March 2009 as "Guardian Ad Litem Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-089 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 09-089, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. )ohn Arena, Ft. Pierce resident, addressed the Board regarding the experimental Solar panels placed in New Mexico. He also addressed the depth of the port. 1 VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 24. The Board approved Warrant List No. 24. B. COUNTY ATTORNEY 1. "After the FacY' Revocable License Agreement - Charles Enns - 725 Indian River Drive - Water line in Indian River Drive right-of-way The Board approved the "After the Fact" Revocable License Agreement, authorize the Chair to sign the "After the Fact" Revocable License Agreement and directed Mr. Enns to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY - CON7INUED 2. Contract for Sale and Purchase - Four Laning Midway Road from east of Turnpike Bridge to South 25"' Street -]ohn A. Mayo-Parcel I.D. 3406- 601-0002-000/4 The Board approved the Contract for Sale and Purchase from the Mr. )ohn A. Mayo, authorized the Chair to sign the Contract, directed staff to proceed with the ciosings and record the Warranty Deed in the Public Records of St. Lucie County. C. CENTRAL SERVICES 1. Third Amendment to Contract #C06-07-542 with 1~ Fire & Security, monthly elevator emergency telephone monitoring. The Board approved the Third Amendment to #C06-07-542 with ist Fire & Security, to provide monthly elevator emergency telephone monitoring for the Old Clerk of Court Building. The Board further authorized the Chair to sign the Third Amendment as prepared by the County Attorney. 2. Eighth Amendment to Contract #COS-08-485 with Genset Services, Inc., for generator preventative maintenance service, inspections, and load bank testing at various County buildings. The Board approved the Eighth Amendment to Contract #C05-08-485, Genset Services, to add the Old Courthouse generator to the list of serviced facilities. The Board authorized the Chair to sign the Amendment as prepared by the County Attorney. D. PUBLIC WORKS 1. Amendment No. 1 to the Road Improvement Agreement with KIRCO Acquisition, LLC, developers of Interstate Business Park. The Board approved Amendment No. 1 to the Road Improvement Agreement with IQRCO Acquisition, LLC, and authorized the Chair to sign the Agreement. 2. Request Board of County Commissioners approval of Fourth Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase II Alum Facility Design. The Board approved the Fourth Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase II Alum Facility Design in the amount of $26,000.00, and signature of the Chair. 2 3. Approval of Budget Resolution #09-037 in the amount of $116,243 from Federal Emergency Management Agency (FEMA) for Indian River Estates Storm Water Improvements - Phase 2. The Board approved Budget Resolution #09-037 in the amount of $116,243 from Federal Emergency Management Agency (FEMA) for Indian River Estates Storm Water Improvements - Phase 2. 4. Avenue'~)" Pedestrian Bridge over Drainage Ditch No. 2. The Board approved accepting the project. E. MANAGEMENT AND BUDGET Purchasing Division - Award of Request for Proposai (RFP) #09-009 for Lobbyist Services to Van Scoyoc Associates, Inc. Consider staff recommendation to award RFP #09-009 for Lobbyist Services to the top ranked proposer, Van Scoyoc Associates and permission for the Chair to sign the contract as prepared by the County Attorney. This item was pulled for separate vote and discussion. F. TRANSPORTATION PLANNING ORGANIZATION Request permission to purchase computer equipment (EQ 09-028) for the approved planner position. The Board approved the purchase of computer equipment and software, approved Equipment Request EQ09-028 and Budget Amendment BA09-014. G. COMMUNITY SERVICES 1. Permission to advertise an Invitation to Bid for Avenue Q Area Potable Water and Sewer Improvements. The Board approved permission to advertise an Invitation to Bid for Avenue Q Area Potable Water and Sewer Improvements. 2. Approval to award Commcinity Development Block Grant Disaster Recovery Initiative 2005 (CDBG DRI 2005) Housing Rehabilitation Invitation to Bid 5, 6, 7, 8 and 9 to the lowest responsive and responsibie bidders. The Board approved awarding the Community Development Block Grant Disaster Recovery Initiative 2005 (CDBG DRI 2005) Housing Rehabilitation Invitation to Bid 5, 6, 7, 8 and 9 to the lowest responsive and responsible bidders. 3. Approval to apply for the State FY09/10 Shirley Conroy Rural Capital Assistance Grant with the Commission for the Transportation Disadvantaged and Resolution No. 09-088. The Board approved the application for Shirley Conroy Rural Transit Grant and Resolution No. 09-088; and authorized the Chair to sign all necessary documents. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Provinces Development of Regional Impact Application of Development Approval (File No: DRI 06-01) 3 Consider staff recommendation to deny the Provinces DRI Application for Development Approval. The representative for the applicant provided a letter of withdraw for this project. The County Attorney advised the Board the applicant may withdraw his petition with the consent of the Board since it had been advertised. Had it not been advertised, the applicant could withdraw without Board approval. The Planning Manager gave a history on this item. Com. Coward addressed the rationale given by the city of Ft. Pierce regarding this project and he believes there is an important message to send to the two cities that this project received a recommendation for denial by the Planning and Zoning Board due to the fact this project was not a good project and believes it should receive a unanimous denial by the Board. Com. Grande stated they are in the process of discussing the annexation issue with the city and his advice to the petitioner is to withdraw this petition at the County level as well as at the city level regarding the annexation. Com. Craft stated he had a different reason for accepting the withdraw. If this is denied he believes they can come back with the same request in two years. He would like to put on the record a letter to the cities a unanimous disapproval by the Board of the application but believes they need to show the applicant there is still an opportunity for them to work with the county. Com. Coward stated he believes they have tried to work with the developer however there still 30 different areas where this project violated the Comprehensive Plan. He believes this project is terrible and they need to send a loud message. Com. Grande commented on the staff report and how explicit it was presented recognizing every problem. He believes our staff report should be given to the cities for review with a strong cover letter outlining the comments of the Planning and Zoning meeting. Com. Dzadovsky addressed Proposed Bill 2026. He asked the County Attorney how this bill would affect if we let this sit out there as a withdraw and if denied completely how it would affect the county with proposed bill 2026. The County Attorney stated this is a proposed bill that has not been passed. However regarding the affect if the Board decided to accept the withdraw, it would be considered dead as well as if they denied it. The only way it would have an impact would be if the Board approved the application then there would be an extension of two years if the bill was to pass. If the Board was to deny or accept the withdraw then there would be no application to be concerned with. Com. Coward stated they need to note that they do not need more homes on this corridor but should consider it being a job corridor instead. Staff advised the Board they could draft a letter outlining the highlighted points discussed today. Com. Coward recommended the letter coming from the Board stating policy issues not recommendations. Com. Grande concurred. Com. Lewis stated she would like to accept the withdraw because she would like to maintain the flexibility for the county. It was moved by Com. Craft, seconded by Com. Grande, to accept the withdraw of the application and to send a letter indicating the points discussed and signed by the Chair, and; upon roll call, the vote was as follows: Nay: Dzadovsky Aye's: Grande, Coward, Craft, Lewis; motion carried by a vote of 4 to 1. Com. Dzadovsky stated he voted against the motion because this project has been in existence for a long time and it is a bad project and would have preferred to deny it. 4 COMMUNITI( SERVICES Public Hearing for the Neighborhood Stabilization Program application. Staff recommends that the Board receive public comments as required prior to the application being submitted for the Neighborhood Stabilization Program. No public comments were received. No action required. END OF PUBLIC HEARINGS ITEM C6-E Purchasing Division- Award of Request for Proposal # 09-009 for Lobbyist Services to Van Scoyoc Associates, Inc. Consider staff recommendation to approve awarding RFP # 09-009 for Lobbyist Services to the top ranked proposer, Van Scoyoc Associates, Inc. and authorize the Chairman to sign the contract as prepared by the County Attorney. Mr. Howard Marlowe, Marlow & Company, addressed the Board and gave a history on the work he and his company have done for the county. Mr. Greg Burns, Van Scoyoc Associates, Inc., addressed the Board and gave information on the new firm where he is now employed. Com. Coward expressed his concerns with changing from one company to another especially since they have worked with Marlow & Company for the past 14 years and have been pleased with the outcome. He believes the Board should consider this rather than considering the individual. Com. Craft stated he had dealt with Mr. Burns during his employment with Marlow & Company and felt that due to his prior experience with Mr. Burns he felt to continue this relationship even though it was with a new firm was important for the county. Com. Dzadovsky requested information as to how the applicants were scored. The Management and Budget Director advised the Bnard she did not have the scoring sheets available at that moment and requested time to obtain them and make copies for the Board members. Com. Coward stated he did not wish to sever a strong and productive long term relationship with a firm that has done well for the County especially at a time when the Federal Stimulus is about to take place. He believes there is no reason for them to make a change at this time. Com. Craft stated there is more staff for them to work with and what the experiences are in the past with them. Com. Dzadovsky stated in reviewing the scoring and taking one individual out, the score of the other three still scores the new applicant higher. After continued discussion, it was moved by Com. Craf~, (at this time the Chairman passed the gavel to the Vice Chairman) seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay's: Com. Coward, Com. Dzadovsky; Aye's: Com. Craft, Com. Grande, Com. Lewis, motion carried by a vote of 3 to 2. At this time the Chairperson assumed her position. Unagendad Com. Dzadovsky addressed the new Senate Bills and stated no one was sure what the end result would be. If they are successful it will be a detriment to the County's growth. He believes "The Provinces" project is a prime example of what could happen. He asked for everyone to contact their legislators and advise them to stay away from the Growth Management issues concerning the Counties. 5 It was the consensus of the Board to direct staff to come back with Resolution and write a letter to the FAC requesting they take a more vocal position opposing these bills. Com. Dzadovsky requested ratification of his appointment, Ms. Jill Hansen to the Tourist Development Council. It was moved by Com. Craft seconded by Com. Grande to approve the appointment of Jill Hansen to the Tourist Development Council, 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 6 ! . AGENDA REOUEST ITEM NO. IV-A ~ - ~W - DATE: March 24, 2009 ~ ' ' " REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ) TO: BOARD OF COUNTY COMNIISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-080 - Proclaiming the month of April, 2009, as "Water Conservation Month" in St. Lucie County, Florida. BACKGROUND: Linette Trabulsy, Community Outreach/Media Relations, has requested that this Board proclaim the month of April, 2009, as "Water Conservation Month" in St. Lucie County. The attached Resolution No. 09-080 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-080 as drafted. COMNIISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ ) OTHER: - _ ~ Approved 5-0 Faye W. Outlaw, MPA County Administratar ~ Review and Approvals . County Attorney: y, - Mana ement & Bud et J 4 Purchasing ! % , - ~ _ ' Originating Dept. - Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5;96 t RESOLUTION NO. 09-080 A RESOLUTION PROCLAIMING THE MONTH OF APRIL, 2009, AS "WATER CONSERVATION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and clean and sustainable water resources are vital to Florida's environment, economy and quality of life. 2. More than ninety percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment. 3. Floridians consume more than 7.9 billion gallons of fresh water per day, and the future of Florida depends greatly upon the availability of water. 4. South Florida residents consume 179 gallons per person per day - the highest water usage in the state. 5. The State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment. 6. Water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved, while the cost of / ~ constructing alternative water supply facilities can range from $5.00 to $7.00 per 1,000 gallons of water created. 7. All water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources. 8. The South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities. 9. The Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of April, 2009, as "WATER CONSERVATION MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens and businesses of St. Lucie County to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. PASSED AND DULY ADOPTED this 24th day of March, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS . ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND ' CORRECTNESS: COUNTY ATTORNEY i ~ I ~ AGENDA REQUEST ITEM NO. IV-B , _ _ , . ~ - J_ _ DATE: March 24, 2009 ~ REGULAR ~ ~ ~ , . PUBLIC HEARING CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY tDEPT1: Agricultural Extension Anifa S. eal County Extension Director SUBJECT: Agricultural Awareness Week in St. Lucie .County, Florida Resofution No. 09-081 BACKGROUND: Staff requests the St. Lucie County Board of County Commissioners proclaim the week of March 30, 2009 through April 4, 2009 as "Agricultural Awareness Week" in St: Lucie County as presented in Resolution No. 09- 081. Agricultural Awareness Week is an effort to raise local awareness of the importance and economic impact of the Agriculture industry within St. Lucie County and the Treasure Coast. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the St. Lucie County Board of County Commissioners approve Resolution No. 09-081 - A Resolution proclaiming March 30, 2009 through April 4, 2009 as "Agricultural Awareness Week" in St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED . ~ OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Apprd~ls County Attomey: Management & Budget: Purchasing: Originating Dept~ Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ~ AGRICULTURE ~ - . . . MEMORANDUM TO: Faye W. Outlaw, MPA, County Administrator ~ FROM: Anita Neal, County Extension Director DATE: March 9, 2009 RE: "Ag Awareness Week" Resolution 09-081 County Extension and the St. Lucie County Extension Advisory Council would like to celebrate the dynamic and vital agricultural industry, as well as raise awareness of and acknowledge the need for preserving agriculture within St. Lucie County. "Agricultural Awareness Week," taking place March 30, 2009 through April 4, 2009 will provide the public with educational and entertaining events such as boat tours of the Indian River, a tour of the Tropicana juice plant, as well as other educational programs, speakers, and radio shows. The week will culminate with this year's Ag Tour event taking place April 3, 2009: "Research and Education in Your Own Backyard" highlighting the facilities involved in education and cutting edge research being developed right here in St Lucie County. On April 4, 2009 Ag Awareness Week continues by highlighting the Downtown Farmers' Market, a popular local event for over a decade. Therefore, Staff respectfully requests the St. Lucie County Board of County Commissioners approve Resolution 09-081 - A Resolution proclaiming March 30, 2009 through April 4, 2009 as "Agricultural Awareness Week" in St. Lucie County, Florida. ~ . ~ RESOLUTION NO. 09-081 A RESOLUTION PROCLAIMING MARCH 30, 2009 THROUGH APRIL 4, 2009, AS "ST. LUCIE COUNTY AGRICULTURAL AWARENESS WEEK" WHEREAS, the Board of Cou~ty Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County possesses 48,073 acres of citrus trees, making it the fourth largest in the state, producing 805 million pounds of fruit per year. 2. A sign~cant part of Florida's commercial horticulture industry, St. Lucie County's 2005 total sales of horticultural products by nurseries, growers, landscape, and garden centers equaled 224.3 million, with an employment impact of 5022 jobs. 3. Agricultural Awareness Week will feature information on agriculture's past and how this dynamic industry is transitioning to meet the economic and tourism needs of the future. Highlights of the week include mini tours of agricultural, research, and educational facilities, boat tours, history storytelling from some of St. Lucie County's longtime residents, radio spots, educational programs on a variety of topics, and speakers in libraries. 4. The week culminates with finro big events: St. Lucie County Extension's annual event "Ag Tour", where participants tour agriculturally prominent horticultural, research, cattle, or other industries integral to the advancement of agriculture; as well as a celebration of the Downtown Farmers' Market, a local favorite for over a decade. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ' 1. This Board does hereby proclaim March 30, 2009 through April 4, 2009 as "ST. LUCIE COUNTY AGRICULTURAL AWARENESS WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County and visitors alike, to participate Y~ ~ ~ in the many activities planned during the week of ST. LUCIE COUNTY AGRICULTURAL AWARENESS WEEK. PASSED AND DULY ADOPTED this 24th day of March, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-C - .4 'K' a f ~ J ~ DATE: March 24, 2009 i ~ ~ ' REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attomey SUBJECT: Resolution No. 09-090 - Proclaiming March 31, 2009, through Apri15, 2009, as "The Fifth Annual Zora Fest! Dust Tracks in Florida Celebration"; and further designating Saturday, Apri14, 2009, as "Zora Neale Hurston Day" in St. Lucie County, Florida. BACKGROUND: Jody Bonet, St. Lucie County Cultural Affairs Manager, has requested that this Board proclaim March 31, 2009, through Apri15, 2009, as "The Fifth Annual Zora Fest! Dust Tracks in Florida Celebration"; and further designating Saturday, Apri14, 2009, as "Zora Neale Hurston Da}~' in St. Lucie County, Florida. The attached Resolution No. 09-090 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-090 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing : Daniel S. McIntyre Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 RESOLUTION NO. 09-090 A RESOLUTION PROCLAIMING MARCA 31, 2009, THROUGH APRIL 5, 2009, AS "THE FIFTH ANN[lAL ZORA FEST! DUST TRACKS IN FLORIDA CELEBRATION"; AND FURTHER DESIGNATING SATURDAY, APRIL 4, 2009, AS "ZORA NEALE HURSTON DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: l. The Zora Fest Committee and the newly formed Zora Neale Hurston Florida Foundation has organized several events celebrating the art, literature and music of the late award-winning author Zora Neale Hurston. The events will be held throughout the County at Indian River State College, Lincoln Park Academy, and the Sunrise Theater. • 2. Zora became known as the Queen of the Harlem Renaissance through her writings and friendships with the many black writers, musicians, sociologists, anthropologists and others, coming from the South to make their mark on a growing black movement in the 1920's and 1930's. Zora's most renowned book, "Their Eyes Were Watching God" was written in Haiti in 1936 and later released as a film by Oprah Winfrey in 2005. 3. Zora Neale Hurston came to St. Lucie County toward the end of her life at the request of Fort Pierce Chronicle Publisher C. E. Bolen where she worked as a newspaper reporter, and also taught school at Lincoln Park Academy, before suffering several strokes that led to her death in January, 1960. At the time of her ~ . death, all of her books were out of print. As part of Alice Walker's pilgrimage in 1973, Ms. Walker placed a headstone on Zora's grave and then shared her rediscovery of Zora with the world. Zora Neale Hurston's books are now sold in bookstores around the world and celebrated at literary events across the country. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 31, 2009, through April 5, 2009, as "THE FIFTH ANNTJAL ZORA FEST! DUST TR.ACKS IN FLORIDA CELEBRATION". 2. This Board does hereby further designate Saturday, April . 4, 2009, as "ZORA NEALE HURSTON DAY" in St. Lucie County, Florida. 3. This Board urges the citizens of St. Lucie County to participate in the events scheduled to honor Zora Neale Hurston. PASSED AND DULY ADOPTED this 24`h day of March, 2009. ATTEST: BOARD OF COUNrrY COMMISSIONERS ST. LUCIE COL]NTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM Ai~TD CORRECTNESS: COUNTY ATTORNEY ~f AGENDA REQUEST ITEM NO. IV-D ~ ~ , . - , . DATE: March 24, 2009 ~ • ' ~ ' REGULAR[X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre County Attorney SUBJECT: Resolution No. 09-102 - Urging the Florida Legislature to increase funding for the community based Healthy Start Coalition in order to reduce infant death and increase the health and well being of Florida mothers through the services and programming provided by the Healthy Start Coalition. BACKGROUND: Sylvie H. Kramer of the Healthy Start Coalition in St. Lucie County, has requested that this Board adopt a resolution urging the Florida Legislature to increase funding for the community based Healthy Start Coalition. The attached Resolution No. 09-102 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-102 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DE1~IIED [ ] OTHER: C ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing : Daniel S. McZntyre Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 ~ ~ RESOLUTION NO. 09-102 A RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE FUNDING FOR THE COMMUNITY BASED HEALTHY START COALITION IN ORDER TO REDUCE INFANT DEATH AND INCREASE THE HEALTH AND WELL BEING OF FLORIDA MOTHERS THROUGH THE SERVICES AND PROGRAMMING PROVIDED BY THE HEALTHY START COALITION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In 1991 Florida enacted the Healthy Start legislation that created 30 Healthy Start coalitions to increase access to infant and prenatal care for mothers and babies around the state. 2. Healthy Start contributed greatly to the 2 plus point drop in Florida's infant mortality giving us the lowest rate in the southeast. 3. Over 195,900 women and infants are screened each year through the Healthy Start Coalitions work, to identify health risks that may jeopardize pregnancies and maternal and infant health. 4. Florida must continue funding for the community based Healthy Start Coalition and the programming they provide as well Medicaid funding for the mother and infants to 200% of poverty level. 5. The Healthy Start coalitions are unique entities formed by local communities, offering valuable services and provide a foundation for other children's services making the Healthy Start services integral to the core mission of public health. 6. Healthy Start coalitions are mandated by Florida law through legislation and Florida Administrative Code have proven effective having leveraged last year alone a combined total of $31,932,935 beyond the Federal match, as well as managing other maternal and child programs. 7. Simply by closing a loophole in the state' s tobacco policy, Florida can raise about $90 million - enough money to fully fund several maternal and child programs to provide services for Florida's pregnant women and babies. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: l. This Board does here urge the Florida Legislature to increase funding for the community based Healthy Start Coalition in order to reduce infant death and increase the health and well being of Florida mothers through the services and programming provided by the Healthy Start Coalition. 2. The County Administrator is hereby directed to forward a copy of this resolution to Governor Charlie Crist and the County's State Legislative Delegation. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice-Chair Charles Grande XX Commissioner poug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 24th day of March, 2009. . ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUN'TY ATTORNEY ~ AGENDA REOUEST ITEM NO. IV-E . ~ ~ i DATE: March 24, 2009 i ' ' ' 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. 09-106 - Proclaiming Apri15, 2009, as "Parents and Children's Da}~' in St. Lucie County, Florida.. BACKGROUND: Darlene Halvarsen, Special Projects Assistant for the Early Learning Coalition of St. Lucie County has requested that this Board proclaim April 5, 2009, as "Parents and Children's Da}~' in St. Lucie County, Florida. The attached Resolution No. 09-106 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-106 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: ~lr Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: t~ Management & Budget Purchasing : Daniel S. McIntyre Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 ~ RESOLUTION NO. 09-106 A RESOLUTION PROCLAIMING APRIL 5, 2009, AS "PARENTS AND CHILDREN'S DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: l. The 14t'' Annual Children's Week celebrating "Parents and Children" will take place in Tallahassee from March 29, 2009, to April 5, 2009, bringing thousands of parents, children, professionals, policy makers, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our Capital City. 2. The purpose of Children's Week is to create a shared vision of the state of Florida's commitment to its children and families and to engage a long-term process to develop and irnplement strategies for moving the shared vision forward. 3. Children's Week has teamed up with over 80 leading statewide businesses and non-profit organizations and hundreds of local organizations to expand the network of community involvement and education on a wide array of children and family issues at the local level and conduct events and activities in March and April in all 67 counties focused on improving the health, safety and well- being of Florida's children and families. 4. In recognition of April as Child Abuse Prevention Month, Prevent Child Abuse Florida, in partnership with the Ounce of Prevention Fund and the Florida Department of Children and Families, is conducting a statewide public awareness and education campaign Wistic~5 of G~,an.9e - It'S ~otnr TNrsti, and is symbolized by the pinwheel, representing this shift or wind change. 5. Hundreds of local municipalities have officially proclaimed "Children's Day" and hosted hundreds of events and public events and activities for parents and children in their community. 6. The local Children's Week Celebration in St. Lucie County will be on Sunday, April 5, 2009, from 1:00 p.m. to 5:00 p.m. at Lawnwood Stadium in Ft. Pierce in partnership with Comcast, Scripps Treasure Coast Newspapers In Education, Greater Friendship Missionary Baptist Church, and the Council of Social Agencies (COSA) . ~ 7. Originally established as "Children's Day" in 1988, the 2002 Florida Legislature renamed this official, Statewide Florida holiday as "PARENTS AND CHILDREN'S DAY" to more fully reflect support of the most important institution in Florida, the Family. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: l. This Board does hereby proclaim April 5, 2009, as "PARENTS AND CHILDREN'S DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate in the events and activities scheduled for April 5, 2009. PASSED AND DULY ADOPTED this 24th day of March, 2009. ~ . ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 03/20/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #25- 14-MAR-2009 TO 20-MAR-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 426,812.60 620,091.71 001164 USDOJ Violence Against Women Grant 14,411.32 0.00 001176 FTA Section 5303 F/Y06 109.41 1,473.39 001184 CDBG 07 150.00 O.OG 001188 Section 112/MPO/Fhwa/Planning 2007 1,412.13 5,960.45 001190 FTA Sec 5307 - Buses 05/06 394.40 0.00 001193 FDCA SLC Buildings Wind Retrofit pr 8,618.98 0.00 001194 U.S. Dept of Housing & Community 10.08 133.12 001404 05 CDBG Sup Disaster Recovery 175.93 0.00 001412 CTD Medicaid Non-Emrg Grant FY 07 50,014.00 0.00 001419 FDCA-Construct County EOC 1,178.97 0.00 001424 Dept of Financial Services My Safe 1,149.39 0.00 001434 Fla Comm for the Disadvantaged Tran 76.99 1,037.52 001436 INTACT Inspired Network to Achieve 267.67 2,204.80 001500 FDEM Emergency Mgmt Performance 332.58 0.00 001501 CSBG 2008-2009 Dept of Health and H 7,622.82 853.20 001505 FDCA Emerg. Mgmt Prep & Assist FY09 2,653.95 0.00 001506 Us Dept of Health Earned Income Tax 3,996.09 0.00 101 Transportation Trust Fund 3,499.77 41,528.60 101001 Transportation Trust Interlocals 78.12 1,021.02 101002 Transportation Trust/80% Constitut 18,630.68 46,690.86 101003 Transportation Trust/Local Option 26,555.32 28,425.96 101004 Transportation Trust/County Fuel Tx 4,638.85 18,442.19 101006 Transportation Trust/Impact Fees 6,933.50 0.00 102 Unincorporated Services Fund 10,933.76 79,899.32 102001 Drainage Maintenance MSTU 8,683.18 5,430.59 102808 SFWMD-Wht City Canal Stormwater Imp 2,362.00 0.00 102809 Paradise Park Phase 2 SFWMD 2,970.45 0.00 104003 Hurricane Frances Donations 329.84 0.00 105 Library Special Grants Fund 1,747.87 0.00 107 Fine & Forfeiture Fund 484,279.47 157,090.89 107001 Fine & Forfeiture Fund-Wireless Sur 86.43 1,113.60 107002 Fine & Forfeiture Fund-E911 Surchar 854.02 1,113.60 107003 Fine & Forfeiture Fund-800 Mhz Oper 814.63 0.00 107005 F&F Fund-Legal Aid 8,627.75 0.00 107006 F&F Fund-Court Related Technology 16,912.47 8,736.95 107204 FL Dept Juvenile Justice-DMC Civil 402.61 1,507.10 107205 Juvenile Justice & Delinquency Prev 675.81 2,076.00 107206 FDCF Criminal Justice, Mental Healt 181.35 0.00 130 SLC Public Transit MSTU 85,547.90 2,176.18 140 Airport Fund 4,413.43 14,841.82 150 Impact Fee Collections 115.00 1,523.20 160 Plan Maintenance RAD Fund 4,510.45 6,336.91 183 Ct Administrator-19th Judicial Cir 4,049.11 3,009.49 183001 Ct Administrator-Arbitration/Mediat 100.00 0.00 183004 Ct Admin.- Teen Court 557.48 5,404.72 183006 Guardian Ad Litem Fund 14,647.23 0.00 184211 FDEP South SLC Beach Restoration 26,507.66 0.00 03/20/09 ST. LUCIE COUNTY - BOARD PAGE ~ FZABWARR WARRANT LIST #25- 14-MAR-2009 TO 20-MAR-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 185005 FHFA SHIP FY04/05 1.29- 18.46 185009 FHFA SHIP 2007/2008 13,040.44 2,042.02 189100 Home Consortium 450.00 0.00 189201 FHFC Hurricane Housing Recovery Pla 175,228.25 5,700.02 189202 My Safe Florida Home 51,097.83 0.00 282 Environmental Land I&S Fund 1,000.00 0.00 310001 Impact Fees-Library 43,462.63 0.00 310002 Impact Fees-Parks 10,554.87 0.00 316 County Capital 146,800.83 0.00 316001 5th Cent Fuel-Capital 12,700.58 0.00 318 County Capital-Transportation Bond 12,203.80 0.00 318101 Ave J Pedestrian Bridge 27,792.37 0.00 318102 FHWA Angle Rd Sidewalk & Signalizat 242,739.60 0.00 382 Environmental Land Capital Fund 80.00 0.00 401 Sanitary Landfill Fund 101,455.06 58,905.66 418 Golf Course Fund 10,398.84 20,774.60 451 S. Hutchinson Utilities Fund 1,738.86 2,389.93 458 SH Util-Renewal & Replacement Fund 37.18 501.88 461 Sports Complex Fund 32,965.25 26,542.58 471 No County Utility District-Operatin 5,937.07 10,460.20 478 No Cty Util Dist-Renewal & Replace 6,469.63 1,236.67 979 No Cty Util Dist-Capital Facilities 90.04 1,212.95 491 Building Code Fund 7,607.30 40,048.75 505 Health Insurance Fund 7,765.35 3,889.66 611 Tourist Development Trust-Adv Fund 24,999.77 1,905.77 616 SLC-Cultural Affairs Council 1,897.07 0.00 625 Law Library 53,263.26 0.00 630 Tax Deed Overbid Agency Fund 2,252.98 0.00 665 SLC Art in Public Places Trust Fund 40,000.00 0.00 801 Bank Fund 344,350.80 0.00 GRAND TOTAL: 2,638,411.82 1,233,752.34 ~ AGENDA REOUEST ITEM NO. VI-B ~ " ~ _ s Date: March 24, 2009 - . l . . , Regular ~ ~ Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County Fairgrounds - Supplemental Lease Agreement No. 3 for Storage of FEMA Trailers BACKGROLTND: See C.A. No. 09-0313 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Supplemental Lease Agreement No. 3 with General Services Administration for storage of FEMA trailers at the St. Lucie County Fairgrounds, and authorize the Chair to sign Supplemental Lease Agreement No. 3. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~ Counry Attorney: w'~~ Mgt. & Budget: Purchasing: Daniel S. M•In~e ~ Originating Dept.: ' ~ ~ Other : ~ Other : Debra Brisson Finance (Check for Copy only, if applicable): ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-0313 DATE: March 13, 2009 SUBJECT: St. Lucie County Fairgrounds - Supplemental Lease Agreement No. 3 for Storage of FEMA Trailers BACKGROUND: Attached to this memorandum is a copy of proposed Supplemental Lease Agreement No. 3 to the November 15, 2005 Lease Agreement between the County and the General Services Administration for the storage of FEMA trailers on fifty (50) acres at the St. Lucie County Fairgrounds. The Supplemental Lease Agreement will retroactively extend the current term from November 15, 2008 through and including April 14, 2009. The Supplemental Lease Agreement was delayed while FEMA sought funding authorization to extend the term. The monthly rental rate is twenty-nine thousand seven hundred fifty and 00/100 dollars ($29,750.00). FEMA is currently seeking additional funding to further extend the lease after April 14, 2009. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Supplemental Lease Agreement No. 3 with General Services Administration for storage of FEMA trailers at the St. Lucie County Fairgrounds, and authorize the Chair to sign Supplemental Lease Agreement No. 3. Respectfully submitted, °i~,,~,~,_ Heather oung Assistant County Attorney Attachment HY/ Copies to; County Administrator Community Services Director Finance Director Management and Budget Director Parks and Recreation Director ~r ? , CENERAL SERVICES ADMINISTRATION SUPPI.FMENTAL AGREEIv1ENT ~nre PUBLIC BUILDINGS SERVICE N0.03 SUPPLEMENTAL LEASE AGRBEMFsNT TOLEASE NO. HSFE04-OS-7751 ADDRESS OF PREMTSES 50 acres at the St. Lucie County Fairgrounds 15601 W. Midwa Road, Ft. Pierce, Florida THIS AGREEMENT, made and entered into this date by and between St. Lucie County, Florida whose address is 2300 Virginia Avenue Ft. Pierce, Florida 34982 hereinafter called the Lessor, and the iJNITED STATES OF AMERICA, hereafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective November 14, 2008 as follows: Paragraph 2, of the SF2, of the Lease, is hereby deleted and the following is inserted in lieu thereof: "TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on November 15, 2005 through May 14, 2009, aubject to termination and renewal rights as may be hereinafter set forth" All other terms and conditions of the lease shall remain in force and effect. IN WIT'NESS WHEREOF, the arties subscribed their names as of the above date. LESSOR St. Lucie County, FL DY (SrgnaJureJ ~<<<e~ IN PRESENCE OF (Signalure) (Address) UNITED STATES OF AMERICA CONTRACTING OFFICER IIY _GENERAL SERVICES ADMINISTRATION (Signoture/ (O~cia! Title) GSA Form 276 (Jul. 67) ~ AGENDA REOUEST ITEM NO. VI-B2 ~r ~ C~' ~ ~ ' DATE: March 24, 2009 i + ~ , REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-108 - Opposing Senate Bill 360, which, if passed, would usurp local authority over Growth Management; and attempts to reduce Growth Management and Environmental Regulations will not stimulate the economy. BACKGROUND: Paula A. Lewis, Chair, of the Board of County Commissioners of St. Lucie County, has requested that this Board oppose Senate Bi11360 for the reasons stated above. The attached Resolution No. 09-108 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-108 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ~1-~ Motion to incorporate approval of Senate Bill 360 as amended, Faye W. Outlaw, MPA Resolution to waive the return opposing the reduced funding County Administrator for DCA and Letter to the Florida Association of Counties. All subject to final editorial review by the County Attorney., F, ~ ) County Attorney: f Management & Budget Purchasing : Daniel S. McIntyre Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 ~ ~ ~ RESOLUTION NO. 09-108 A RESOLUTION OPPOSING SENATE BILL 360 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Community Affairs Committee, along with Senator Bennett and others, have introduced Senate Bill 360. 2. The St. Lucie County Board of County Commissioners believes it is in the best interests of the citizens of St. Lucie County to oppose Senate Bill 360 for the following reasons: Senate Bill 360 would usurp local authority over Growth Management. In addition, this Board does not believe that these attempts to reduce growth management and environmental regulations will stimulate the economy. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: l. This Board does hereby oppose Senate Bill 360 for the reasons indicated in the above described. 2. The County Administrator is hereby directed to forward a copy of this resolution to the members of the St. Lucie County Legislative Delegation. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice-Chair Charles Grande XX Commissioner poug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 24t'' day of March, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VI-B3 ~.,.r~ ~,r~ ~ ~ . a~ ~ DATE: March 24, 2009 ~ " ~ REGULAR [l .~w~~ ~.t_.{,y~.~,d.. PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attomey Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-109 - Opposing Senate Bi112026, which, if passed, would provide an extension for the expiration date of certain construction and Operating Permits and Development Orders; extend the life of projects that are no longer viable and prevents local authorities from imposing additional conditions for extensions; the extension is retroactive; the Bill usurps local authority of Growth Management and hinders the necessary updating and improvements to local governments' Land Development Code; and the attempts to reduce Growth Management and Environmental Regulations will not stimulate the economy. BACKGROUND: Paula A. Lewis, Chair, of the Board of County Commissioners of St. Lucie County, has requested that this Board oppose Senate Bill 2026 for the reasons stated above. The attached Resolution No. 09-109 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-109 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Addition to agenda - - Approved 5-0 Faye W. Outlaw, MPA County Administrator ~ Review and Avprovals ' 1 County Attorney: Management & Budget Purchasing : Daniel S. McIntyre Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 RESOLUTION NO. 09-109 A RESOLUTION OPPOSING SENATE BILL 2026 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Senator Altman has introduced Senate Bill 2026. 2. The St. Lucie County Board of County Commissioners believes it is in the best interests of the citizens of St. Lucie County to oppose Senate Bill 2026 for the following reasons: A. Senate Bill 2026 would provide a two-year extension to all projects with an expiration date between October l, 2008 and October l, 2010; restrict counties from imposing any new requirements on the extended project within that time frame; and restrict counties from considering new or revised conditions of approval on older projects requesting extensions. B. Senate Bill 2026 extends the life of projects that are no longer viable and prevents counties from imposing additional conditions for extensions whether the Board supports extending the project or not. C. The extension is retroactive, whereby any new requirements placed on extensions by the Board of County Commissioners since October l, 2008 could actually be reversed. D. Senate Bill 2026 usurps local authority of growth management and hinders the necessary updating and improvements to local governments' land development code. E. The attempts to reduce growth management and environmental regulations will not stimulate the economy. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby oppose Senate Bill 2026 for the reasons indicated in the above described. 2. The County Administrator is hereby directed to forward a copy of this resolution to the members of the St. Lucie County Legislative Delegation. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice-Chair Charles Grande XX Commissioner poug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 24t'' day of March, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUN'!'Y ATTORNEY 1? . AGENDA REQUEST ITEM NO. VI-B.4 _ J- DATE: March 24, 2009 ~ REGULAR . • . . PUBLIC HEARING CONSENT [XX] ADDITIONS TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Ordinance No. 09-008, Local Economic Stimulus Ordinance; Permission to Advertise BACKGROUND: See uttached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: ~ RECOMMENDATION: Staff recommends thut the Board grunt permission to advertise drnft Ordinance No. 09-008 for a public hearing to be held on April 21, 2009 ct 6:00 p.m. or ns soon therentter ns the item may be heard. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ~ DENIED [ ] OTHER: - ~ Addition to agenda - FQye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals Count Attorne : Mana ement & Bud et Purchasin : Y Y 9 9 9 Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ ~ ' ~ INTER-OFFICE MEMORANDUM ~ ~ = ~ ST. LUCIE COUNTY, FLORIDA . ~ . TO: Board of County Commissioners FROM: Dnniel 5. McIntyre, County Attorney C.A. NO.: 09-0355 DATE: March 23, 2009 SUBJECT: O~dinance No. 09-008, Locnl Economic Stimulus Ordinance; Permission to Advertise ~~*~*~k*******~~ BACK6ROUND: - Attached to this memorandum is a copy of draft Ordinnnce No. 09-008, which, if adopted, would declare that a local economic emergency exists. Pursuant to Board direction, a statement was added to the draft ordinance clarifying that the County's fiscal situcttion is stable nnd sound so that the County is able to provide local economic stimulus. The draft Ordinunce provides for designating emergency pro jects by Board resolution. The ordinance provides for soliciting bids, proposals or quotes from properly licensed contructors that agree to comply with the following criteria: (a) In order to obtain un nward, the contractor must agree to use a minimum of 75% local Iaborers, local materials, local subcontrnctors on the pro ject except when the contructor cun demonstrate thut local laborers, (ocnl materials nnd loca) subcontractors are not available despite a good faith effort on the contractor's purt to hire locnl laborers and subcontractors and purchase local materials. (b) Local contractors thut ure within 5% of the lowest bid or quote that will use more than 75% local laborers and subcontractors on the pro ject 4re eligible to match the low bid/quote. (c) If bids or quotes are identical, the contractor with the highest percentage of local luborers and subcontractors shall be awarded the bid/quote. . RECOMMENDATION/CONCLUSION : Staff recommends that the Bourd grant permission to advertise draft Ordinance No.09-008 for a public hearing to be held on April Z1, 2009 at 6:00 p.m. or as soon thereafter as the item may be heard. Respe tfully submitted, Daniel 5. McIntyr County Attorney DSM/caf Attachment ORDINANCE NO. 09-008 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ADOPTING A LOCAL ECONOMIC STIMULUS ORDINANCE; ~ECLARING A STATE OF LOCAL ECONOMIC EMERGENCY; PROVIDING FOR EMERGENCY PROJECTS; PROVIDING FOR CRITERIA FOR BI~/PROPOSAL AWARD, WAIVER OF BIDS/PROPOSALS PROCE55; PROVI~IN6 FOR DEFINITIONS, DURATION OF LOCAL ECONOMIC EMERGENCY AND CONFLICTS; PROVI~ING FOR SEVERABILITY, APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND PROVI~ING AN EFFECTIVE DATE WHEREAS, the United States of Americn, the State of Florida, and St. Lucie County are now experiencing an economic downturn not experienced in the lust 30-40 years; and WHEREAS, individual citizens and families living in the United States, Florida, and the County are experiencing negative effects from the economic downturn; and WHEREAS, because of significant revenue decreases at the State and local levels, jobs nre being lost, homes are being foreclosed, and services are being cut; and WHEREAS, St. Lucie County has one of the highest foreclosure rates in the nation. In 2007, St. Lucie County had 4,945 homes in foreclosure. Indiun River County had 1,057 and Martin County had 750. In 2008, 9,751 mortgage foreclosure suits were filed in St. Lucie County. In 2009 through March 17, 1,990 mortgage foreclosure suits have been filed in St. Lucie County. WHEREAS, St. Lucie County has the highest local unemployment rate in the Treasure Coust region, increasing to 12.1 percent, up from 6.4 percent last year. Martin County has n 7.8 percent rate and IndiQn River County has 9.5 percent rate; and WHEREAS, certain sectors of the County's economy such as biochemistry research are doing well but other sectors such as the housing industry have been negatively affected by the economic downturn; and WHEREAS, the construction industry in St. Lucie County has been hit especially hard with a net loss of 700 jobs in 2007 alone. The estimated unemployment rate for the construction industry in St. Lucie County is percent; and WHEREAS, the United States Congress is working on a federQl economic stimulus package to counter the effects of the economic downturn; und WHEREAS, the efforts at the federal level are expected to take several months to implement; and WHEREAS, it is imperative that the County take immediate steps at the local (evel to provide relief to County residents and to provide jobs in an effort to decrense the current St. Lucie County unemployment rate; nnd WHEREAS, through the efforts of the Board of County Commissioners of St. Lucie County, Florida, the County's fiscal situation is stable and sound so thut the County is able to provide local economic stimulus; and WHEREAS, the County's procurement policies will be revised temporarily as stated herein; and, WHEREAS, it is the intent of this ordinance to accomplish the initiation and implementation of the described temporary programs to relieve the local economic emergency to the greatest extent possible. NOW THEREFORE, BE IT ORDAINED by the Bourd of County Commissioners of St. Lucie County, Florida, as follows: Section 1. Short title nnd recitnls. This ordinance shall be known Qs the Local Economic Stimulus ordinance, and the above findings and recitals are hereby adopted by reference into this ordinance. Section 2. ~eclnration of Locul Economic Emergency. The Board of County Commissioners of St. Lucie County, Florida, convened in regular session, hereby declares and ordains that a Local Economic Emergency exists within St. Lucie County, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of St. Lucie County. This ordinance is adopted after public henring pursuant to and in accordance with Section 125.66, Florida Statutes. Section 3. Emergency Projects. EffectiveApri127,2009,theCounty Administrator is Quthorized to use the competitive bid or quote process provided for in state and local law for local economic stimulus capital pro jects to be designated by Board resolution. Section 4. Criteria for Bid/Proposal Award. Except as provided for herein, the County Administrator or designee, is uuthorized to solicit competitive bids, proposals or quotes from properly licensed contractors that agree to comply with the following criteria: use a minimum of 75% local Iaborers, material suppliers and subcontractors on the pro ject: . (a) In order to obtain an award, the contractor must agree to use a minimum of 75% local laborers, local materials, locul subcontractors on the pro ject except when the contractor cc?n demonstrate that local laborers, local materinls and local subcontractors are not ctvailable despite a good faith effort on the contractor's part to hire locn) (aborers and subcontractors nnd purchnse local materinls. (b) Local contractors that are within 5% of the lowest bid or quote that will use more than 75% local laborers and subcontractors on the pro ject are eligible to match the low bid/quote. (c) If bids or quotes are identical, the contractor with the highest percentage of local laborers and subcontractors shal) be awarded the bid/quote. Section 5. Waiver of Bid/Proposal Process. The Board of County Commissioners may waive the competitive bid or quote process if the Board determines that: (a) There is one appropriately licensed contractor who is uniquely qualified to undertake the pro ject because that contractor is currently under contract to perform work that is affiliated with the project; or (b) The time to competitively uwurd the project will jeopardize the funding for the proje~t, or will materially increQSe the cost of the project or will create an undue hardship on the public health, safety, or welfare. Section 6. Definitions. For the purposes of this ordinance, the terms "local laborer" and "local material supplier and contractor" shall mean: (a) "Locallaborer"meQns a person residing in St. Lucie County at least in the year prior to Januury 29, 2009 that provides labor services. (b) "Loca/ materia/ supplier or contractor" means the vendor has a valid occupational license issued by St. Lucie County at least one yenr prior to January 29, 2009 to bid or proposul submission to do business within St. Lucie County that authorizes the business to provide the commodities or services to be purchused and u physical business address loccated within the limits of St. Lucie County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. Section 7. Duration of Local Economic Emergency. The Local Economic Emergency declared in this office shall continue to April 27, 2010. Prior to that date the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. If the declaration is not ended, the Board may extend the temporary programs initiated in this ordinance by resolution approved nt a regular meeting. Section 8. Conflicts. All ordinances or parts of ordinances in conflict with this ordinance ure hereby repeQled to the extend of such conflicts, as of the effective date of this ordinance. Section 9. 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 remnining portions of this ordinunce. If this ordinnnce or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shull not affect its upplicability to any other person, property, or circumstance. Section 10. Applicability of Ordinance. This ordinunce shall be applicable throughout St. Lucie County. Section i l. Filing with the Depnrttnent of State. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinunce to the Bureau of Administrative Code and Laws, Depurtment of State, The Capitol, Tullahassee, Florida 32304. Section 12. Effective Date. This ordinance shall take effect upon filing with the Depnrtment of State. Section 13. Adoption. After motion and second, the vote on this ordinance was as follows: Puula A. Lewis, Chair XXX Charles Grunde, Vice Chair XXX Commissioner poug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Section 14. Codificntion. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section„ "ctrticle", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts 6 through H shall not be codified. PASSED AN~ ~ULY ENACTED this XX day of XX, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chnir ~ AGENDA REQUEST ITEM NO. VI-C-1 - - DATE: March 24, 2009 ~ . ! - - REGULAR ' ~ PUBLIC HEARING ~ ~ ~ + CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT1: Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene, Grants/ Resource Developer SUBJECT: Authorization to: (1) modify the anticipated County Incentive Grant Program (CIGP) pending agreement to move $1,317,948 of the $2,000,000 in funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; and (2) move $817,948 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: There is currently $2,500,000 in designated Transportation Bond funds for improvements to the intersection of Kings Highway and Orange Avenue (Account No. 318-4] 13-563000-4123, lnfrastructure). There was originally $3,500,000 in designated Transportation Bond funds for improvements to the intersection of Kings Highway and Indrio Road (Account No. 318-4113-563000-44001. lnfrastructure). PREVIOUS ACTION: On June 24, 2007, the Board approved submittal of a funding request to the Florida Department of Transportation (FDOT), County Incentive Grant Program in the amount of $2,500,000 to be used for construction of the intersec~ion of Kings Highway and Orange Avenue. We have tentatively been awarded $2,000.000. On November 6, 2007, the Board approved submittal of a funding request to the Florida Department of Transportation (FDOT), Transportation Regional Incentive Program (TRIP) in the amount of $2,500.000 to be used for right-of-way acquisition for the construction of the intersection of Kings Highway and Indrio Road. We have secured $2,500,000 of these funds. On September 2, 2008, the Board approved submittal of a funding request to the Florida Department ofTransportation (FDOT), Transportation Regional Incentive Program (TRIP) in the amount of $2,500,000 to be used for construction of the ~ intersection of Kings Highway and Orange Avenue. We withdrew this application ~ for lack of matching funds. On January 6, 2009, the Board approved: (1) changing the pending grant agreement to move $2,000,000 in anticipated FDOT County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; (2) moving $500,000 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road. 1 RECOMMENDATION: Staff requests authorization to: (1) modify the anticipated County Incentive Grant ~ Program (CIGP) pending agreement to move $1,317,948 of the $2,000,000 in funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; and (2) move $817,948 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road. COMMISSION ACTION: CONCURRENCE: APPROVED DENIED ~ ~OTHER: pulled prior to Faye W. Outlaw, MPA meeting. County Administrator Review and A ro Is _ County Attorney: Management & Bud Purchasing: Daniel Mclnryre Marie Gouin ' Robert O'Sullivan Originating Dept: Grants Other: Public Works: Other: William Hoeffner y~ pon West~ Roberta Breene 1~~G~[5 Mike Powl y Craig Hauschild .l~ Finance: (Check for Copy only, if applicable Z . 1' _ _ _ ST. LUCI~ C~UNT~ ~ - = ~ GRANTS / DISAST~R R~~aVER~' • • ~ ~ ~ DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Roberta Breene, Grants/Resource Developer ~ Date: March 12, 2009 Subject: BOCC Consent Agenda Item No. VI-G1, March 24, 2009 Kings Highway and Indrio Road - Right-of-Way Acquisition Funding Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP) This request refines a request made and approved on January 6, 2009. A pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP) award of $2,000,000 for construction of the Kings Highway and Orange Avenue (Kings and Orange) intersection included a requirement that we let the construction contract before the end of the current FDOT fiscal year (June 2009). We cannot let the contract during this period for two reasons: (1) l00% design plans are not due until April and are then subject to FDOT review, making it impossible to let the project by June 2009; and (2) we cannot let the construction contract without having the intersection construction project fully funded, and it is not fully funded. FDOT is unwilling to extend the time requirement for letting the construction project on Kings and Orange. However, we have been working with FDOT to find a solution that allows us to retain as much of the CIGP funding as possible, and FDOT is willing to consider allowing us to move $1,317,948 of the $2,000,000 Kings and Orange CIGP funds to the Kings Highway and Indrio Road (Kings and lndrio) Right-of-Way (ROW) acquisition project. This then requires us to have $1,317,948 available in local match to add to the Kings and Indrio project. That proposed match will be comprised of $500,000 of the designated Kings and Indrio bond monies and $8l 7. 948 of the designated Kings and Orange bond monies A Florida Department of Transportation Department (FDOT) estimate indicates that the Kings and Indrio ROW acquisition is expected to cost $7,635.896. Separately. but related, we also have a previously-awarded FDOT Transportation Regional Incentive Program (TRIP) grant for $2,500,000 for ROW acquisition at Kings and Indrio. This TRIP grant uses as match $2,500,000 of the $3,500,000 in available Bond funds for the Indrio intersection. If we use the TRIP grant for $2,500,000 for ROW at Kings and Indrio and are successful in moving the $1,317,948 CIGP award from Kings and Orange to Kings and Indrio along with $817.948 of the Kings and Orange Bond funds, we would then have the required 50% match of the estimated total project cost of $7,635,896. Recommendation Staff requests authorization to: (1) modify the anticipated County Incentive Grant Program (CIGP) pending grant agreement to move $1,317.948 in anticipated County lncentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; and (2) move $817948 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road. ~ ~ AGENDA REQUEST ITEM NO. VI-C-2 _ ~ ~ - ~ DATE: March 24, 2009 ~ ~ - ~ REGULAR Il ~ PUBLIC HEARING • ~ ~ ~ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene. Grants/ Resource Developer SUBJECT: Submittal of a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for an amount not to exceed $103,800 toward the Phase 2 construction of a restroom and waste line at Stan Blum Boat Ramp, and approval of Resolution 09-091 (Attachment 1) authorizing submittal. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: This is a reimbursement grant and requires an undesignated match amount. No general County funds are being used for this phase of the project. The required match is being requested under a separate grant application to the Florida Inland Navigation District Waterways Assistance Program. Should either of these applications not be funded, or alternative funding not be secured, the application would be withdrawn. PREVIOUS ACTION: On February 25, 2008 the Board approved the submittal of a grant application to the Florida Inland Navigation District (FIND) for one half of the funding estimated to cover Phase 1 engineering and permitting costs of the restroom and waste Iine. This funding was awarded and was accepted by the Board on October 28, 2008. On April 22, 2008, the Board approved the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission, Flarida Boating Improvement Program (FBIP) for one half of the funding estimated to cover Phase 1 engineerin~ and permitting costs of this restroom and waste line. This funding was awarded and was accepted y the Board on October 28, 2008. RECOMMENDATION: staff recommends approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for an amount not to exceed $103,800 toward the construction cost of a restroom and waste line at Stan Blum Boat Ramp. Staff also recommends approval of Resolution 09-091 (Attachment 1) authorizing the submittal of the application. COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A rov s County Attorney: Management & Budget:~1 Purchasing: Daniel Mclntyre Marie Gouin ' ~(1{i~ Robert O'Sullivan L ' Originating Dept: Gra ts Other: Parks and Recreation: Other: William Hoeffner Debbie Brisson Roberta Breene Mark DiMascio Finance: (Check for Copy only, if applicable _ _ _ , • • . TO: Board of County Commissioners From: Roberta Breene ~~,(3jt~~~-- Date: March 12, 2009 Subject: Board Meeting, March 24, 2009 - Consent Agenda No. VI-C-2 Grant - Stan Blum Boat Ramp Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) Stan Blum Boat Ramp is a heaviiy used facility just over the North Bridge on Hutchinson Island (Attachment 2). It consists of 14-acres leased from the State of Florida. The installation of a restroom is in the master plan for the site as presented to the State in 2000. The approximate location of the restroom has been determined, water lines have already been installed, and electric has been stubbed in. In addition, the consultant has been selected, the scope of services has been defined & approved, and engineering, surveying and permitting should be underway by Apri( 15, 2009. The Florida Boating Improvement Program provides competitive grant funding for boating access projects and other boating-related activities on Florida coastal and/or inland waters. This proposal would seek grant funding for approximately one-half of the total estimated $216,630 construction cost for a 2.100-foot waste line and a pre-cast concrete restroom at the Stan Blum Boat Ramp. This project is in the Master Plan for the site. There is a waste line connection about 700 feet east of the entrance to Stan Blum on the south side of A 1 A in the FDOT right of way. This will facilitate waste line connection and also has eliminated the need to seek permitting far a septic system. No permanent County funds are being requested for this phase of the project. County staff will provide project management and grant management, which is included as a line item in the grant for $9,030. The required match has been requested under a separate grant application for $103,800 under the Florida Inland Navigation District Waterways Assistance Program. Should either ofthese grants not be funded or alternative funding not be secured, the application would be withdrawn. Recommendation: Staff recommends approval to submit a grant funding application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for an amount not to exceed $103,800 toward the construction cost of a restroom and waste line at Stan Blum Boat Ramp. Staffalso recommends approval of Resolution 09-091 (Attachment 1) authorizing submittal of the application. ~ Attachment 1 _ , " ~ _ ~ Florida Fish & Wildfife Conservation Commission ~ 2009 Florida Boating Improvement Program • • . • - - - - Resolution 09-091 A RESOLUTION AUTHORIZING THAT THE PROJECT MANAGER HAS THE AUTHORITY TO APPLY FOR AND ADMINISTER THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT ON BEHALF OF ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS. Whereas, the St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry of St Lucie County and the State of Florida: Project Title: Stan Blum Boat Ramp Restroom Tota! FBIP Grant Request: $103,800 Brief Description of Project: Stan Blum Boat Ramp improvements to include construction and installation of a pre-cast concrete restroom. AND, Florida Fish & Wildlife Conservation Commission 2009 Florida Boating Improvement Program financial assistance is required for the program mentioned above. NOW THEREFORE BE IT RESOLVED by the St. Lucie County Board of County Commissioners that the project described above be authorized, ' AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies the following: 1. That the Project Manager, is authorized to apply for and administer the grant on behalf of the applicant, St. Lucie County Board of County Commissioners 2. That it is in complete accordance with the grant application and that it will carry out the program in the manner described in the grant application and any plans and specifications attached. 3. That it has the ability and intention to finance its share of the costs of the project and that the project will be operated and maintained for a period of not less than 20 years at the expense of said St. Lucie County Board of County Commissioners for public use. 4. That all project activities will be on land managed by St. Lucie County under a long-term lease agreement with the State of Florida. 5. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statures relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. INTRODUCED, PASSED AND ADOPTED THIS 24 DAY OF March 2009. BY: Chair, St. Lucie County Board of County Commissioners ATTEST: APPROVAL AS TO LEGAL FORM AND CORRECTNESS: County Clerk Attorney: St. Lucie County Board of County Commissioners " ~ Sta n B I u m Boat Ra m p ~ Stan Blum Boat Ramp Boundary ~~c $L 0 115 230 460 Feet I ` ~ , , , i + ~ ~ i ~ Proposed Restroom f i ~ ~+Y` 7 ~ \ ,<w ~ k ~ l~ ~ ~ y, ~ z t` ' . ic ~ ' +t~ ~ ~ ~ : ; ~ ' ~ . ~ ~ ~ ~ ~ , Y 1 I ~ ~ ~._.'i ! t. . ~ . . ~ ~ ,~sZ~, ~~I~ . . ~ . ~f k 1. , ~5- „ . ~ s' ~ ~ ~ - r ' ' ~ ~ _ ` - ~11~ 1 ~ ` ~ ~ , ~ ~ u : ~ 1 . ~ . , . ~ b ~ ~ ~ r . ~ t..~ ~~jp°" ~ . r ~,L I 'R~'~'~ ~ . ~ . ~ ~ ' , - , ~ : f ~ a ~~y ~ ~ ~ . ~ . ~ _ . ~ ~ F.:~~ ~ ~ ~ ' ~ 3"~ _ ~ ~.y li I r~il ~ ~1I yl . ~ ~4 , ~ ~ _ ' . ~ ~ ~T, at I r ~x 1~;m A ` ~ ~ 1 _ , } ~ ~ ~ ~I q~~ ' .~,r ' ~ k i `Y~ r !S_ l~ F4 l~~ ~~~i s ~~r~r . . f C,-. ~ ri ' , r . i, ~ ~g +t . S'S~, ' ' ~~k ` 'y' r t ~ ~ } ' ~i ~ ~k~"~"'~ y~' .~c~ '4a • ~ ~s ~ ~ 'A - ~ - ` < ~ ~ ,F'`- ~~a l A Y~. . T".' ,.Y / \ ~ ~ ~"f: . / . ~ ~,~j m r~ y, R ~ ~.~L-' ~s j ~ ~ ~ ~ ' f ~`7u~ ~ r ~ .4 ~ . - . ,i.. , , ~d ~ : ~ F. ~ ~ t --0 ~ , a - F r ' * t Y.; ~ . ~ 2'`'~,t .'"x, - ~ ' . . _ ~ - ' _ ~ ~ . ~ ~ AGENDA REQUEST ITEM NO. VI-C-3 , ~ - ~ ~ _ DATE: March 24, 2009 REGULAR ~ PUBLIC HEARING [j i i ~ • -4- _ _ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene, Grants/ Resource Develoner SUBJECT: Submittal of a grant funding application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $103,800 toward the Phase 2 construction of a restroom and waste line at Stan Blum Boat Ramp, and approval of Resolution 09-092 (Attachment 1)authorizing submittal of the application. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 1~is is a reimbursement grant and requires a 1:1 match. No general County funds are being requested for this phase of the project. The required match for this phase is being requested under a separate grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP). Should either of these applications not be funded, or alternative funding not be secured, the application would be withdrawn. PREVIOUS ACTION: On February 25, 2008 the Board approved the submittal of a grant application to the Florida Inland Navigation District (FIND) for one half of the funding estimated to cover Phase 1 engineering and permitting costs for the restroom and waste line. This funding was awarded and was accepted by the Board on October 28, 2008. On April 22, 2008, the Board approved the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for one half of the funding estimated to cover Phase 1 engineering and permitting costs for the restroom and waste line. This funding was awarded and was accepted by the Board on October 28, 2008. RECOMMENDATION: Staff recommends approval to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $103,800 toward the construction of a restroom and waste line at Stan Blum Boat Ramp, and approval of Resolution 09-092 (Attachment 1) authorizing the submittal. COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED [J OTHER: Approved 5-0 Faye W. Outiaw, MPA County Administrator Review and A ro Is County Attorney: Management & Bu Purchasing: Daniel Mclntyre Marie Gouin Robert O'Sullivan " Originating Dept: Gra ts Other: Parks and Recreation: Other: William Hoeffner Debbie Brisson Roberta Breene Mark DiMascio Finance: (Check for Copy only, if applicable _ ~ - _ - • . . TO: Board of County Commissioners From: Roberta Breene Date: March 12, 2009 ~~j~,~.~. Subject: Board Meeting, March 24, 2009 - Consent Agenda No. VI-C-3 Grant - Stan Blum Boat Ramp Florida Inland Navigation District (FIND) Waterways Assistance Program Stan Blum Boat Ramp is a heavily used facility just over the North Bridge on Hutchinson Island (Attachment 2). It consists of 14-acres leased from the State of Florida. The installation of a restroom is in the master plan for the site as presented to the State in 2000. The approximate location of the restroom has been determined, water lines have already been installed, and electric has been stubbed in. In addition, the consultant has been selected, the scope of services has been defined & approved, and engineering, surveying and permitting should be underway by April 15, 2009. The Florida Boating Improvement Program provides competitive grant funding for boating access projects and other boating-related activities on Florida coastal and/or inland waters. This proposal would seek grant funding for approximately one-half of the total estimated $216,630 construction cost for a 2,100-foot waste line and a pre-cast concrete restroom at the Stan Blum Boat Ramp. This project is in the Master Plan for the site. There is a waste line connection about 700 feet east of the entrance to Stan Blum on the south side of A 1 A in the FDOT right of way. This will facilitate waste line connection and also has eliminated the need to seek permitting for a septic system No permanent County funds are being requested for this phase of the project. County staff will provide project management and grant management, which is included as a line item in the grant application for $9,030. The required match has been requested under a separate grant application under the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP). Should either of these grants not be funded or alternative funding not be secured, the applications would be withdrawn. Recommendation: Staff recommends approval to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed 03,800 toward the construction of a restroom and waste line at Stan Blum Boat Ramp, and approval of Resolution 09-092 authorizing the submittaL oZ Attachment 1 Resolution 09-092 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE St. Lucie County Board of County Commissioners is interested in carrying out the following described project far the enjoyment of the citizenry of St. Lucie ~ Coun and the State of Florida: Project Title Stan Blum Boat Ramp Restroom and Waste Line - Phase 2: Construction Total Estimated Cost $ 216.630 Brief Description of Project: Stan Blum Boat Ramp is a heavil}~ used facility just over the North Bridge on Hutchinson Island. It consists of 14-acres managed by St. Lucie County under a long-term lease from the State of Flarida. The installation of a restroom is in the master plan for the site as presented to and approved by the State in 2000. The approximate location of the restroom has been determined, a water line has been installed, and electric has been stubbed in. ln addition, the consultant has been selected, the scope of services has been defined and approved, and engineering, surveying and permitting should be underway by April 15, 2009. This proposal would seek grant funding to assist with the construction of a 2.100-foot waste line and a pre-cast concrete restroom at the Stan Blum Boat Ramp. There is a waste line connection about 700 feet east of the entrance to Stan Blum on the south side of A 1 A. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the St. Lucie Countv Board of Coun~ Commissioners that the project described above be authorized, AND, be it further resolved that said St. Lucie County Board of Countv Commissioners make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said St. Lucie Countv Board of Countv Commissioners AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out Form No. 90-? 1(Effective date 12-17-90. Rev. 10-14-9?) (1) 3 Attachment z the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project ~ and that the project will be operated and maintained at the expense of said St. Lucie Countv Board of County Commissioners for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property ar facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the St. Lucie Countv Board of County Commissioners at a legal meeting held on this 24th day of March 2009. Attest Signature Title Title Form No. 90-21 (Effective date l2-] 7-90, Rev. ]0-14-92) 4 " Sta n B I u m B oat Ra m p ~ Stan Blum Boat Ramp Boundary GIS o iis 2so 460 Feet ~ proposed Restroom L I i i i I i ~ i ; 1 i ~ ~ " -;~~t~"ilE~ ~ R. \ - -t!~C;'l ~y~`~i, ~ ~-a ~ _ . . ~ { t ~ t :t~i a ll.~,. ~ . ~ f~~ y2'. ~ . ~ f.,. ,,.~:.7` ~.~-M~;". ~ ~ ~ ~ : +a'r'f° Y..'~ •C ~'y ~ ~ ~ t6 ~ r k,; . ~ - _ ~ ~2 ~'~~y~M~~ ~ n' ~ ti ~ " - ~ ~ - P ~ . ~ - ''`t n~;~ - 'b~~ ~ ~ -4~ . . ~ . - ~ ~ ~ . ' ~ l~~,~ ~ y ~ . b' fi ~ , u ~ . ~ ~ ~ 2~. ~ ~~y . 1~ ' . ~ + 1ti .`~l ~ ~~*~~~x~{i;' ~ `Y ~i t~ , r~ ~ ~ rY~~ . ` ~ ~r _ ~I~~~ ~ ~ ~ _ ~ h~ _ ~ ~ , g ~ ~ * c , _ - 'y ~ ~ ' ~ y.:3 i ~ _ - f ~ ~~~~~s ; ~ 6_ _ ~ St . . . " ..r ~r. ."'4 '~1 + ~ i:~,~0, . ~ ~ ~ i~ ~+'d:,; `1~~. , ~ r~ ...r , E`x :i r . ~ ~ , . ~i l ^ ; . . , ~ ~ ~ . ~s:;: y.~~ -Iy, . # 4 ' ~ . ~ w * ~ , ~~'i . ~ ~ ~ !~r , t ~ ~ 4 ~ ~--r~- - 1 ~ r . , ~ ` t. ~ ~ ! ~ . ~ G ! i~# ~ "r~ , • t ~ ~ ~ : r. ~ ~ Q ~ ~ ~ ~ ~ * ,i~' d.~'" ~ ' ~ r,, . ~ 'a ~ ~ ' - • s: . ~ ~ : ' k I ~ , k ' ~ - ~I ~,~'k _ ' ~ ~P r~ es~a ~ ; •,"~°''r'+' ~ _ , ~ ' AGENDA REQUEST ITEM NO. VI-C-4 c~ - 1 DATE: March 24, 2009 J REGULAR ~ PUBLIC HEARING • ' r • -4 ~ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene, Grants/ Resource Developer SUB.IECT: Authorization to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program far an amount not to exceed $47,500 toward the construction of a single-lane boat ramp on Little Mud Creek at Blind Geek Park, and approval of Resolution 09-096 (Attachment l) authorizing submittal. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: The grant is a reimbursement grant and requires an undesignated match amount. No general County funds are being used for this phase of the project. The required match is being requested under a separate grant application to the Florida Inland Navigation District Waterways Assistance Program. Should either of these applications not be funded, or alternative funding not be secured, the application would be withdrawn. PREVIOUS ACTION: Not applicable. RECOMMENDATION: Staff recommends Board approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for an amount not to eYCeed $47,500 toward the construction of a single-lane boat ramp on Little Mud Geek at Blind Creek Park, and approval ofResolution 09-096 (Attachment 1) authorizing submittal. COMMISSION ACTION: CONCURRENCE: ~'APPROVED DENIED OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A rovals County Attomey: % Management & Bud~qp~~ Purchasing: Daniel Mclntyre L! Marie Gouin Robert O'Sullivan ~ Originating Dept: Gray~ ts Other: Mosquito Control: 4 Other: William Hoeffner Jim David Roberta Breene ~L~~~~~"'`~' Finance: (Check for Copy only, if applicable ~.T_.__ :.:_-s. _ - • • . TO: Board of County Commissioners From: Roberta Breene Date: March 12, 2009 Subject: Board Meeting, March 24, 2009 - Consent Agenda No. VI-G4 Grant - Stan Blum Boat Ramp Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) Blind Creek Park is located on South Hutchinson lsland in St. Lucie County and consists of approximately 409 acres of coastal barrier island natural communities (Attachment 2). South Hutchinson Island is bordered on the west by the lndian River Lagoon and on the east by the Atlantic Ocean. The park is identified as a Strategic Habitat Conservation Area (SHCA) by the Florida Fish and Wildlife Conservation Commission and is valued for its Beach Dune, Coasta] Strand, Maritime Hammock, and Estuarine Tidal Swamp communities. Blind Creek Park is owned by the State of Florida and the South Florida Water Management District and managed under a long term lease by St. Lucie County. The Blueway Committee Management Plan, approved by State and local governments, covers Blind Creek Park and calls for the inclusion of a boat ramp. The Florida Boating Improvement Program provides competitive grant funding for boating access projects and other boating-related activities on Florida coastal and/or inland waters. This authorization would allow submittal of an application seeking grant funding for approximately one- half of the estimated total $99,750 for the construction of a single lane boat ramp on Little Mud Geek at Blind Creek Park. No pertnanent County funds are being requested for this phase ofthe project. County staffwill provide project management and grant management, which is included as a line item in the grant application for $4,750. The required match has been requested under a separate grant application under the Florida Inland Navigation District Waterways Assistance Program. Should either of these grants not be funded or alternative funding not be secured, the application would be withdrawn. Recommendation: Staff recommends Board approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for an amount not to exceed $47,500 toward the construction of a single-lane boat ramp on Little Mud Geek at Blind Creek Park, and approval of Resolution 09-096 (Attachment 1) authorizing submittal. a 1 / ~ Attachment 1 . _ . ~ - Fl~orida Fish 8~ Wildlife ~ - ~ - Conservation Commission ~ 2009 Florida Boating Improvement Program . ~ . • - _ Resolution 09-096 A RESOLUTION AUTHORIZING THAT THE PROJECT MANAGER HAS THE AUTHORITY TO APPLY FOR AND ADMINISTER THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT ON BEHALF OF ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS. Whereas, the St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry of St Lucie County and the State of Florida: Project Title: Little Mud Creek Boat Ramp at Blind Creek Park Total FBIP Grant Request: $47,500 Brief Description of Project: Construction of a single-lane boat ramp on Little Mud Creek, east of Highway A1-A, with access under the Highway A1-A bridge to the Indian River Lagoon. AND, Florida Fish & Wildlife Conservation Commission 2009 Florida Boating Improvement Program financial assistance is required for the program mentioned above. NOW THEREFORE BE IT RESOLVED by the St. Lucie County Board of County Commissioners that the project described above be authorized, AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies the following: 1. That the Project Manager, is authorized to apply for and administer the grant on behalf of the applicant, St. Lucie County Board of County Commissioners 2. That it is in complete accordance with the grant application and that it will carry out the program in the manner described in the grant application and any plans and specifications attached. 3. That it has the ability and intention to finance its share of the costs of the project and that the project will be operated and maintained for a period of not less than 20 years at the expense of said St. Lucie County Board of County Commissioners for public use. 4. That all project activities will be on land managed by St. Lucie County under a long-term lease agreement with the State of Florida. 5. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statures relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. INTRODUCED, PASSED AND ADOPTED THIS 24 DAY OF March 2009. BY: Chair, St. Lucie County Board of County Commissioners ATTEST: APPROVAL AS TO LEGAL FORM AND CORRECTNESS: County Clerk Attorney: St. Lucie County Board of County Commissioners ~ ~ ~ / . Attachment 2 _ ~ ~ 1~ 1 i n d ~'r~~~. ~ Q _ ~ o ~ ~ ~ a E ~ ' ` ~ ~ark. yr~ Y W ~ ~'•S"~ ~ ndrio R ~ ~ e = i F ;ry ~ v -i s ~ ~ ~ ~ T ~ o Y z, ~ L~"~ ~ ~ y ~ ~ r ~ ~ St Lucie Blvd ~ ~ € ~ ~-~;~~A,;, 0 3 ~ ~ ~ Ang Rd Juanita e ; G~~ ...w~~ ~ , f ~n ' Orange A e ~ i ~ ~ ~ ~ ~ ~ e ~ { v ~ y - ~ rd ~ c . . a ~ c" 'a ~ ~ e ~ ~ ~ ~ p~ ~ ~ 1~ V ~ ~C ~ ; `m ~ ~ ' ~ ~ ~ dwards Rd ~ ~ ~ cp V i d G'~/ ' [ K~ . = F ~ ~ T ~ t ~1 o ~ d > i Midway Rd ~ ` ~ Project Location ~ ~ ~o Q ~~y t ` y ' ~ ^ ` . ~ i . ~ ~ ~ ~ 4~~ x, N U ~ ~1j~ ~ . . ~ Q . 1 `t1+ ~t T~.~."""~ i _ 'p - ~y ` € ~ ~ y ~ 4 2~ ~ > t ;s ; Q-~ 6i~ °o ' ~ ~ ~ ~ ry Y ~ t GJ~ v io~ ~ 1;~ ' e °D' `O~, G~aae > o` . °'o„ . tP }ti t ~ ~ m " ~ q Valalion Rd , ~ " ~ ~ ~ ~ y O ~ ~ . ~ T . ..v .v ~i ~ ~'l`O , i. \ ~ ~ ~ ~ „ a ~ ~ ~ ~0 5t Lucie B1V , ~ ~ ~~`t m ~ ~ 1 ~ ~ ~ ~iat?i~ Blvd ~ ~ ~ ~ F` ~ j ~ ; ~ ~ ~ W m ~ I c ! J ~ CA ~ ~ [ ~ m ~ m f ~ ~ ~ C. f. oi ~aMER ~ . 9~ . j ~ . SLLUrieCour~Y~~~no ntYUpesCfk}[o wquMr[Yas~' 'S ~ m tlr mnlrt ~e0~¢ s rreYrou, or mP~RbT~~ ot' ~ ~rmakc~a.ew«~wo a~o~awn~~~. rn~h.ae~.rwa , fi GkQ~ Rd ~p' ~ MrehmtlrEah wi MreNb>!~YrNsm St Lwe~ ' ~ ' . ~ - ~ ' ~ .~~~~....r~. ~ ~~.~.~~~T~~~.~.~~w.err+r,+i:.~~n~~rr -...wwr.w.wwr~~~ ~~....~.r ncludinp, vAlini[ ImiX ry tlr mpYed mNies f rclar~abiiry and filrcss b partrJar purpo . St Wcie Courty WII auume ~o iaeiiM t. nry c me G;S ~ro.ma~~ warixd resa~n. or now~a~ee~, w z. ay Emwn nwtle w x4an taken or m~ tal¢n by vry person ~in Munce ~P~ anl ir~bimyron w tlMa MnNeE ManCer. . AGENDA REQUEST ITEM NO. VI-C-S - - DATE: March 24, 2009 ~ - REGULAR I) ~ PUBLIC HEARING ~ • ~ ~ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT1: Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene. Grants/ Resource Developer SUB.IECT: Authorization to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $47,500 toward the construction of a single-lane boat ramp on Little Mud Creek at Blind Geek Park. and approval of Resolution 09-097 (Attachment 1) authorizing submittal. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: The grant is a reimbursement grant and requires a 1: l match. No general County funds are being used for this project. The required match is being requested under a separate grant application to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP). Should either of these applications not be funded, or alternative funding not be secured, the application would be withdrawn. PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends Board authorization to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $47.500 toward the construction of a single-lane boat ramp on Little Mud Creek at Blind Creek Park, and approval of Resolution 09-097 (Attachment authorizing the submittal. COMMISSION ACTION: CONCURRENCE: APPROVED OTHER: ~l DENIED _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A rov Is County Attorney: Management & B Purchasing: Daniei Mclntyre ( Marie Gouin Robert O'Sullivan Originating Dept: Gr nt Other: Mosquito C ntrol: Other: William Hoeffner Jim David Roberta Breene Finance: (Check for Copy only, if applicable _ ~ _ • . • TO: Board of County Commissioners From: Roberta Breene ~+(1Q~..~.~-o- Date: March 12, 2009 Subject: Board Meeting, March 24, 2009 - Consent Agenda No. VI-C-S Grant - Stan Blum Boat Ramp Florida Inland Navigation District (FIND) Waterways Assistance Program Blind Geek Park is located on South Hutchinson Island in St. Lucie County and consists of approximately 409 acres of coastal barrier island natural communities (Attachment 2). South Hutchinson Island is bordered on the west by the Indian River Lagoon and on the east by the Atlantic Ocean. The park is identified as a Strategic Habitat Conservation Area (SHCA) bti~ the Florida Fish and Wildlife Conservation Commission and is valued for its Beach Dune, Coastal Strand, Maritime Hammock, and Estuarine Tidal Swamp communities. Blind Creek Park is owned by the State of Florida and the South Florida Water Management District and managed under a long term lease b}~ St. Lucie County. The Blueway Committee Management Plan, approved by State and local governments, covers Blind Creek Park and calls for the inclusion of a boat ramp. The Florida Inland Navigation District Waterways Assistance Program includes competitive grant funding for boating access projects and other boating-related activities on Florida coastal waters. This authorization would allow submittal of an application seeking grant funding for approximately one- half of the estimated total $99,750 for the construction of a single lane boat ramp on Little Mud Creek at Blind Creek Park. No permanent County funds are being requested for this phase of the project. County staff will provide project management and grant management, which is included as a line item in the grant application for $4,750. The required match has been requested under a separate grant application under the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP). Should either of these grants not be funded or alternative funding not be secured, the application would be withdrawn. Recommendation: Staff recommends Board authorization to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program for an amount not to exceed $47,~00 toward the construction of a single-lane boat ramp on Little Mud Creek at Blind Creek Park, and approval of Resolution 09-097 (Attachment 1) authoriaing the submittal. ~ ~ , Attachment 1 Resolution 09-097 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE St. Lucie Countv Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry of St. Lucie County and the State of Florida: Project Title Little Mud Creek Boat Ramp at Blind Creek Park: Construction Total Estimated Cost $ 99,750 Brief Description of Project: Blind Creek Park is located on Soutli Hutchinson Island in St. Lucie County and consists of approximately 409 acres of coastal barrier island natural communities. The park is identified as a Strategic Habitat Conservation Area (SHCA) by the Florida Fish and Wildlife Conservation Commission and is valued for its Beach Dune, Coastal Strand, Maritime Hammock, and Estuarine Tidal Swamp communities. Blind Creek Park is owned by the State of Florida and the South Florida Water Management District and managed under a long term lease by St. Lucie County. The Blueway Committee Management Plan, approved by State and local governments, covers Blind Creek Park and calls for the inclusion of a boat ramp. This project is for the construction of a single lane boat ramp on Little Mud Creek at Blind Creek Park. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above. NOW THEREFORE, be it resolved by the St. Lucie Count,y Board of Count~ Commissioners that the project described above be authorized, AND, be it further resolved that said St. Lucie Countv Board of Countv Commissioners make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said St. Lucie County Board of County Commissioners AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies to the following: L That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. That it is in complete accord with the attached proposal and that it will carr~~ out Form No. 90-21 (Effective date 12-17-90, Rev. ]0-14-92) (1) 3 i' ~ Attachment 1 the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said St. Lucie Countv Board of County Commissioners for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the St. Lucie County Board of Countv Commissioners at a legal meeting held on this 24th day of March 2009. Attest ~ Signature Title Title Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (2~ 4 . . Attachment 2 ~W_ ~ Q _ ~ ~ ~ - __~.w~. ~ ~r~ I~ 1 i n d ~r ~ ~ . ~ ~ ~ ~ ~ ~ a ~ ~i y ` ~ ~ ar~. Y W ~ r~r } ndrio R ~ _ ~y~-~ ; 01 f ;i ; ~ yY.: ~ Y ~ . ~ ~ . .o d ~ S ~-z,,~''.~~ 3 ~ f ~ ~ 'm ~ ^"i~ ,r,~ iy~ ~ o ~ o % ~ f; } t.~,,,~~~:~. ~~.~~~w, _ o St Lucie Blvd ~ F ~ ~ _ ~ ~ ~ Juanita e ~ Ga~ ~ Ang` Rd s ~ `~',r';~ ~ ~ ~ O~ ~'``tr t~ f~R'4... 'e ~ ~^~qy, ~ ~ ~ ~ ~ k~ . . . b~ y t Orange A~te ~ } ~ ~ f , ~ t ~ j S ~ v ~ eg ~ ` a ~ ~ ~c ~ra a ~ 2' ~ ~ ~ b.~e ~ t : ~ L ~ ~ ~ ~ ~ (0 ( ~ ~ ~ ,r ~ . ~ a~ ~ dwards Rd ~ t m F ~ EG U t ~ s~ _ F a~ ~ .~l~~ j 4~ ~ ' ~ t~~x 0 y 4 S m ~ ~ Midway Rd ~ ~ ~ Project Location ~ ~ ~ co ~`to' f } 7 x . , ~ ~ ` t~ a ~ yi 4~i'~' ~ ~ ~ ~ ~ ~O ~f~' ~ ~ ~ \ ``F ~ ~ 'Q ~ ~ o ~ `~F```~~ i~1, ~ ~ t ; y<a 4~ PZe~i ~ L} ~ ~ L t ° ` ~ i y~'J~ ~ m. a~~OS t~ ,~t G\~ae ~ II ~ o, ~dQ^ N ~ m m Q ~ UValton Rd 1 y ~ ~ ~ ~ , ~ O. N 'O ~ j. ~ . ~ ~ k t_y~~ ~ . . T .~V .V' ~O ~ . ~ s r0 ~ a s ~ m Po 5t Lucie BJv ~ t ~ o~ ~ i~ ; Gatlin Blud ~t +l - a~__...s~. ~ ~ ` ~ < Gf1 [ ~ ~ ~ ~ o ~ ~ ~ ~ a N i~~F ~ . ~ k. Of ~ ~ ie C ~ ~ ~ ~ ~ oi wM a ~ ~ ~ ~ ° i siwo<caMV ~~.~a nx~mvio w.~MV~ ~ ~3 GkerRd ~ i , b Ihe conMrt sequenv a q 4 Y w mplple{~{ss o[~ +roMEe9eoJab Mam~lo P~oMOedt~erein.'The atl rshNC~ 0' ~ 9~ nd,re~~ata hereinkfa~lfeasM Sf Wae' ~ , ' . . ' ~ . ~._~~.-~w~~.~~w..i.'.wr~.r~~'~ .~,r~t~.: 1,,,, . . .~.~.~~.-.r-~~.~~~~~~...~~~a ~+riww..ww' hcNdinp.vRbitl Wurytlr rtpled mrliesd IartablRy ~~-1 artl Mra~ b parteular WPo . St L-e Courty NMI auume ~ ~ ~ ro b~ay m.~. i. ary.~o ~in ne cs nronnaaon po~eee reyabi~.: d now ~ausea: «z..ary eeci.~m mw<or acaon ~akm «~n~ ~Ha~ nr ~m cen~ relprce ~pon arty iMamulion ndafa NrvNetl Mantler. . . ~~r AGENDA REQUEST ITEM NO. VI-C-6 " - ` DATE: March 24, 2009 r REGULAR ~ PUBLIC HEARING • ~ ~ • ~ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene. Grants/ Resource Develoner SUBJECT: Approval of a Memorandum of Understanding (MOU), outlining general responsibilities, among designated stakeholders in the St. Lucie County Health Access Network (Attachment 1). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: Not applicable. RECOMMENDATION: Staff recommends approval of a Memorandum of Understanding (MOU), outlining general responsibilities, among designated stakeholders, in the St. Lucie County Health Access Network and authorization for the Chair to sign the Memorandum of Understanding. COMMISSION ACTION: CONCURRENCE: ,~',APPROVED DENIED [j OTHER: ~ - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A rovals County Attorney: Management & Budget: Purchasing: Daniel Mclntyre Marie Gouin ~ Originating Dept: Gr Other: Communi ervices Other: William Hoeffner Beth Ryder ~ Roberta Breene Finance: (Check for Copy only, if applicable ~ - ST. LUCIE COUNTY ry ' G RANTS / DISASTER RECOVERY ~ ~ • • DEPARTM ENT MEMORANDUM To: Board of County Commissioners From: Roberta Breene, Grants/Resource Developer `~/i~~ Date: March 13, 2009 Subject: BOCC Consent Agenda Item No. VI-C-6, March 24, 2009 Access to health care for the indigent, uninsured and working poor is a major issue in St. Lucie County. One of the solutions for filling the access gap is through a no-pay clinic. T'he proposed no-pay health care clinic will help establish a medical home for these clients. This clinic has the potential to: (1) provide early access to health care for the indigent population: (2) provide early diagnosis and treatment, which will, in turn, lead to better prognosis and earlier, less costly treatment; (3) provide preventive education and programs; and (4) reduce instances of non- emergency patients using high cost emergency rooms. Most of St. Lucie County is classified as medically-underserved. At least 25% of St. Lucie County residents under the age of 65 do not have health insurance. In addition, according to the 2000 Census, 13.4% of County residents live in poverty. With 183,333 adults in St. Lucie County, and 52,531 of these adults over the age of 65, there are approximately 32,700 (25% of 130,802 under age 65) adults who could benefit from access to no-pay health care. Persons without health care insurance often delay seeking health care until a disease or condition has progressed to the point at which it is extremely difficult and expensive to treat and the prognosis then may be poor. In addition, clients without health insurance, or without access to health care during evenings or weekends, often simply present themselves in hospital emergency rooms where the cost of treatment may be unnecessarily excessive. The proposed clinic project is a no-pay clinic designed to fill the gaps in health care access for the poor and uninsured population. T'he clinic is not intended to compete with any other local health care providers. A steering committee of concerned local organizations has been working and meeting for over a year to address the need for health care access. This group has: (1) committed support; (2) drafted a Memorandum of Understanding (Attachment 1) which is now ready for approval by the various stakeholder governing boards; (3) filed as a corporation; and (4) applied for 501(c) 3 status. T'he Friends of St. Lucie County Public Health, Inc., a non-profit 501(c) 3 arganization has agreed to act as the interim fiscal agent until the new non-profit is established. This facilitates the organization's ability to seek funding and disperse funds. To date, $175,000 in funding has been secured from the Allegany Franciscans (100,000), and the United Way of St. Lucie County ($75,000). This funding will facilitate the start-up of the clinic once it is constructed. Our local Wal- Mart has donated $2,500 toward the cost of materials for the build-out of the space. St. Lucie County BOCC has donated 2,000 square feet of space including utilities for the clinic in the Logistics Center. St. Lucie County will provide the space built out to the exterior walls and will also provide the labor for the build-out of the interior space, once funding for $23,500 in materials has been secured. In addition, Lawnwood Regional Medical Center and St. Lucie Medical Center will provide the labor for the electrical and plumbing work. Recommendation: Staff recommends approval of a Memorandum of Understanding (MOU), outlining general responsibilities, among designated stakeholders, in the St. Lucie County Health Access Network and authorization for the Chair to sign the Memorandum of Understanding. ST. LUCIE COUNTY HEALTH ACCESS NETWORK MEMORANDUM OF UNDERSTANDING The following entities are concerned about the increasing number of uninsured individuals in St. Lucie County: .Allegany Franciscan Ministries, Inc. Florida Atlantic University Board of Trustees for the Christine E. Lynn College of Nursing; Indian River State College; Florida Community Health Centers, Inc.; Lawnwood Regional Medical Center and Heart Institute; Mustard Seed Ministries of Fort Pierce, Inc.; Salvation Army; St. Lucie Medical Center; St. Lucie/Okeechobee County Medical Society; St. Lucie Ccaunty Board of County Commissioners; St. Lucie County Health Department; and Uni#ed `Way of St. Lucie County, Inc. These uninsured and underinsured individuals are forced to use local Emergency Departments for service, because they cannot afford to pay area physicians for care. This greatly increases the cost of providing health care and results in poor health maintenance. I. Purpose of the Agreement The above indicated organizations have agreetl to enter i~ta collaboration as .an advisory g~oup, formalized by this Memorandum of Und~rstandir~g (MOU). The goal of this collaborative relationship is to establish and maintain a'Health Access Network for the uninsured residents of St. Lucie County: The mission of the proposed project is to provide ' access to health care for the indigent, uninsut~d, and workirtg poor. The project intends to accomplish the fo[~owing primary objecti~res: (1) Provide early access to health care ft~[ the inc!'rgent pc~~ulation, resulting in earlier diagnosis and tre~tmerrt, leading to be~er prognosis and earlier, less costly treatment. (2) Provide preventive educational programs. (3) Provide ongoing maintenance care. (4) Reduce instances of non-emergency patients using high-cost emergency departments. " (5) Provide access to specialty physicians who are willing to provide services to low- income uninsured individuals. II. Roles and Responsibilities The purpose of this MOU is to define the roles of each entity and facilitate ongoing discussion and progress. Identified' below are the mutual and joint responsibilities (collaborative tasks) and the expected result of these joint efforts. In addition, the specific roles and responsibilities of each entity and clarification of the purpose of the MOU are also listed. Allegany Franciscan Ministries. Inc. fully supports formation of a Health Access Network and agrees to contribute to the collaborative by: 1. Assisting with set up and implementation funding for the Health Access Network. H:Wccess to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 1 of 7 1 y Florida Atlantic Universitv Board of Trustees, for the Christine E. Lynn Colleqe of Nursinq fully supports formation of a Health Access Network and agrees to contribute to the collaborative by: . 1. Participating in an advisory committee and, if appropriate, placing students within the health access network to study the practice of nursing. Florida Communitv Health Centers Inc. fully supports formation of a Health Access Network and agrees to contribute to the collaborative by: ~ ~ . ~ ~ . ~a j , .r 3 Friends of St. Lucie Countv Public Health, Inc. fully supports formation of a Health Access Nefinrork and agrees to contribute to the collaborative by: " ~ ~~1~~~~~'~'.~,~ ~ ~ - ~ ~ , ~ ` ~~+~'~tr}~_~,~AS~~~~~ fl~~~ ~ , . W~ ~ ~~~~~~~,~s Indian River State Colleqe fully supports formation;of a Health Access Network and agrees to contribute to the collaborative by: 1. Providing a rotation of Health Science students thratagh the Health Access Network as part of their practical training. 2. Providing grant writing support as needed and avail~ble to support efforts to set up and maintain the Health Access Network. Lawnwood Reqional Medical Genter and H~art In~titute and St. Lucie Medical Center fully support formation of a Heatth AcCess Network antl agree to contribute to the collaborative by: 1. Completing the process for creating a new non-profit 501(c)(3) organization. 2. Locating and acquiring equiprnent and supplies for the Health Access Network. 3. Assisting with fiunding the gaps in establishrnent and ongoing operation of the Health Access Nefinrork. Mustard Seed M'inisfries of Fort:Pierce. Inc. fully supports formation of a Health Access Nefinrork and agrees to contribute to the collaborative by: 1. Making referrals to the Health Access Network. 2. Assisting with the development of prescription services for clients of the Health Access Nefinrork. 3. Assistir~g with volunteer recruitment and management to ensure success of the Health Access Nefinrork. 4. Providing emergency social service assistance such as rent, utilities, food and clothing, when available. Salvation Armv of St. Lucie Countv fully supports formation of a Health Access Network and agrees to contribute to the collaborative. 1. ~~~~~~~'~~~~~~'~1~~~~ ~~~~i~~ 2. ~~~~~~r~~ ~~t~~~ ~~~r~~~~~z.-~ ~ ~ ' _ H:~Access to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 2 of 7 , St. Lucie County Board of Countv Commissioners fully supports formation of a Health Access Network and agrees to contribute to the collaborative by: 1. Providing 2000 square feet of space at the logistic center through a lease agreement to include utility costs. Expenses for the design of the space will also be covered through grants, up to$4,000. 2. Providing grant writing support, as available, to help secure outside funding and support efforts to set up and maintain the Health Access Network. 3. Promoting and building the capacity of resources for the Health Access Network to assist area residents in receiving quality medical care at no cost to them. 4. Serving as a referral recipient for clients in need of case management. 5. Assisting with volunteer recruitment St. Lucie Countv Department of Health fully supports formation of a Health Access Network and agrees to contribute to the collaborative by: 1. Providing sovereign immunity for health care personnel who worl~ within the Health Access Nefinrork. 2. Providing support for logistics, program planning, and development of the 501(c)(3), as well as assist with volunteer recruitmen~: 3. Assisting with establishing an initial budget and identify[ng needed equipment and supplies. 4. Providing information technology and telephone support as available. St. Lucie/Okeechobee Countv Medical Societv fuHy supports formation of a Health Access Network and agrees to contribute to the collaborative by: 1. Advocating for donaticans of time and expert~~e firam area physicians. 2. Assisting with the search for a Medical Director and Executive Director. United Wav of St. Lueie Countv Inc: fully supports formation of a Health Access Network and agrees to contribute fo the collaborative by: 1. Assisting with loca#ing or praviding additional resources to support the ongoing success of:#he network. ` 2. Assisting with volunteer recruitment and management to ensure nefinrork success. ~ All entities entering into this MOU agree to: 1. Provide advisory board members from their organizations for a minimum of 2 years. 2. Participate in scheduled meetings to plan, address issues and coordinate partnership efforts. 3. Assist with identifying, acquiring, and providing needed resources in order to ensure successful set up and continuation of the network. III. Duration of the Agreement This Memorandum of Understanding is effective on the date that it is signed by authorized representatives of each party represented in this agreement. H:Wccess to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 3 of 7 c Any party may withdraw from participation in this Memorandum of Understanding with 30 days notice in writing to all partners. In the event that one of the parties provides notice of termination as to its participation, the remaining parties shall determine within thirty (30) days of the notice of termination whether to terminate the agreement as to all parties. In the event that the parties determine to continue with the project, the Memorandum of Understanding shall be amended to address reassignment of the terminating party's responsibilities. H:Wccess to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 4 of 7 fi IV. Signatures of Parties' Principals AGREED TO BY: (Print Name, Title) (Signature) (Date) Allegany Franciscan Ministries 2101 Vista Parkway, Suite 243 West Palm Beach, FL 33411 (Print Name, Title) (Signature} (Date) Florida Atlantic University Board of Trustees Christine E. Lynn College of Nursing 777 Glades Road Boca Raton, FL 33431 (Print Name, Title) (Signat~re) (Date) Florida Community Health Centers,,lnc. 1505 Delaware Avenue Fort Pierce, FL 34950-3195 (Print Name, Title) (Signature) (Date) Friends of St. Lucie County Public Health, Inc. 5150 NW M~Iner Drive Port St. Lucie, FL 34983 (Print Name, Title) (Signature) (Date) Indian River State College 4450 Okeechobee Road Fort Pierce, FL 34947 H:Wccess to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 5 of 7 ~ (Print Name, Title) (Signature) (Date) Lawnwood Regionai Medical Center and Heart Institute 1700 S 23~d St Fort Pierce, FL 34950 (Print Name, Title) (Signature); (Date) Mustard Seed Ministries of Fort Pierce, Inc. 3130SUSHwy1 Fort Pierce, FL 34982 (Print Name, Title) (Signature~ (Date) Salvation Army of St. Lucie:County 605 Ohio Avenue Fort Pierce, FL 34950 - (Print Name, Title) (Signature) (Date) St. Luc~e Medical Center 1800 SE Tiffany Avenue Port St. Lucie, FL 34952 (Print Name, Title) (Signature) (Date) St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 H:Wccess to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 6 of 7 1 (Print Name, Title) (Signature) (Date) St. Lucie County Health Department 5150 NW Milner Drive Port St. Lucie, FL 34983 (Print Name, Title) (Signature) (Date) St. Lucie/Okeechobee County Medical Society P.O. Box 3719 Ft. Pierce, FL 34948 (Print Name, Title) (Signature) (Date) United Way of St. Lucie County 4800 US Hwy 1 Fort Pierce, FL 34982 ~ H:~Access to Healthcare - MOU\Ex 1 MOU revised Mar 18 2009.doc Page 7 of 7 AGENDA REQUEST ITEM NO. VI-C-7 - ` ! ~ DATE: March 24, 2009 REGULAR ~ PUBLIC HEARING ~ ~ ~ . CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT?: Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene, Grants/ Resource Developer SUBJECT: Authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $209,564 to retrofit all or a portion of four County buildings with high impact glass or storm shutters/awnings/screens. In addition, approval is requested for Resolution 09-100 which is necessary to complete the grant application. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: A 25% match in the amount of $69,854 is required. These funds will come from emergency reserves. PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends approval for the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $209,564 to retrofit all or a portion of four County buildings with high impact glass or storm shutters/awnings/screens. In addition, approval is recommended for Resolution 09-100 which is necessary to complete the grant application. COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED OTHER: • Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A ~ro Is County Attorney: Management & Bud e~ Purchasing: Daniel Mclntyre ~ Marie Gouin _jtnn~ ~ I~'1 , Originating Dept: Gran Other: Central Servic~s Other: William Hoeffner • ~ Roberta Breene Finance: (Check for Copy only, if applicable ~ TO: Board of County Commissioners From: Roberta Bre~ene Date: March 15, ?009 6~/LV""'~' Subject: Board Meeting, March 24, 20Q9 - Consent Agenda No. VI-C-7 Grant - Florida Hazard Mitigation Grant Program This grant from the Florida Hazard Mitigation Grant Program will provide funds for retrofitting of the window/door systems of four County buildings to protect the buildings from wind damage. The four buildings are: Airport South Elevation Main Entrance, Logistics Center, Heavy Equipment Garage Building, and the Department of Health building on 7~' Street. The County has received this same grant in the past, and windows in the majority of the County's buildings have been retrofitted with protective systems . The anticipated total cost is $279,419, with $209,564 (75%) to be requested under the grant and $69,854 (25%) to be provided by the County. Recommendation: Staff recommends approval for the submittal of a grant application to the Hazard Mitigation Grant Program (I~VIGP) for funds in the amount of $209,564 to retrofit all or a portion of four County buildings with high impact glass or storm shutters/awnings/screens. In addition, approval is recommended for Resolution 09-100 which is necessary to complete the grant application. ~ Attachment 1 RESOLUTION 09-100 RESOLUTION FOR ASSISTANCE UNDER THE STATE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM WHEREAS, the St. Lucie County Board of County Commissioners is interested in ca~rying out the following described project for the citizenry of St. Lucie County and the State of Florida: Project Title: St. Lucie Countv Wind Retrofit Proiect Total Estimated Cost $ 279,419 Brief Description of Project: Acquire e funds for retrofitting of the window/door systems of four County buildings to protect the buildings from wind damage. The four buildings are: Airport South Elevation Main Entrance, Logistics Center, Heavy Equipment Garage Building, and the Department of Health building on 7th Street. The County has received this same grant in the past, and windows in the majority of the County's buildings have been retrofitted with protective systems. WHEREAS, financial assistance for the above project is required from the State of Florida Hazard Mitigation Grant Program. NOW THEREFORE, be it resolved by the St. Lucie County Board of County Commissioners that the project described above be authorized. AND, be it further resolved that said St. Lucie County Board of County Commissioners make application to the State of Florida Hazard Mitigation Grant Program for a grant of financial assistance in the amount of 75% of the actual cost of the project. AND, be it further resolved by the St. Lucie County Board of County Commissioners that the County Administrator, and in her absence, the Assistant County Administrator, shall be authorized to serve as agent for the St. Lucie County Board of County Commissioners in this grant program and to sign the grant application and to sign the Maintenance Agreement which is included within the grant application. i ~ . AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies the following: 1. That it will accept the terms and conditions set forth by the State of Florida Hazard Mitigation Grant Program. 2. That it is in complete accord with the grant application and that it will carry out the program in the manner described in the grant application and any plans and specifications attached thereto unless prior approval for any change has been received from the Florida Hazard Mitigation Grant Program. 3. That it is in complete accord with the Maintenance Agreement included as part of the grant application and that it will carry out the maintenance program specified in the Maintenance Agreement. 4. That it has the ability and intention to finance its 25% share of the cost of the project and that the project will be operated and maintained at the expense of said St. Lucie County Board of County Commissioners. 5. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 7. That it will make available to the State of Florida Hazard Mitigation Grant Program, if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, a request for the final funding agreed to by the State of Florida Hazard a i Mitigation Grant Program. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the St. Lucie County Board of County Commissioners at a legal meeting held on this 24th day of March 2009 Attest Signature Title Title 3 AGENDA REQUEST ITEM NO. VI-C-8 - €y~ ~ ~ . DATE: March 24, 2009 REGULAR ~ PUBLIC HEARING i ~ ~ ~ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT1: Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene, Grants/ Resource Developer SUB.IECT: Authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito Impoundments 1 and 6. In addition, approval is requested for Resolution 09-101 which is necessary to complete the grant application. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: A 25% match in the amount of $98,043 is required. These funds will come from emergency reserves. PREVIOUS ACTION: Not applicable RECOMMENDATION: staffrecommends that the Board authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito Impoundments 1 and 6. In addition, approval is recommended for Resolution 09-101 which is necessary to complete the grant application. COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A ro als County Attorney: . Management & Bud et: Purchasing: Daniel Mclntyre Marie Gouin ~?~enn; Cr.~ Ni U .n Originating Dept: Gr t Other: Other: William Hoeffner Jim David Roberta Breene Finance: (Check for Copy only, if applicable ~ AGENDA REQUEST ITEM NO. VI-C-8 " - ~ - DATE: March 24, 2009 ~ J ~ ~ REGULAR ~ PUBLIC HEARING ~ ~ ~ ~ CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPTI: Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene. Grants/ Resource Developer SUB.IECT: Authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito Impoundments 1 and 6. In addition, approval is requested for Resolution 09-1 O1 which is necessary to complete the grant application. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: A?5% match in the amount of $69,854 is required. These funds will come from emergency reserves. PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends that the Board authorize the submittal of a grant application to the Hazard Mitigation Grant Program (HMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito lmpoundments l and 6. In addition, approval is recommended for Resolution 09-101 which is necessary to complete the grant application. COMMISSION ACTION: CONCURRENCE: APPROVED DENIED OTHER: Faye W. Outlaw, MPA County Administrator Review and A ro als County Attorney: Management & Budc~et: Purchasing: Daniel Mclntyre Marie Gouin ~.~nn~ Ct; N~i 11 .n ~ Originating Dept: Gr t Other: Other: William Hoeffner Jim David < Roberta Breene Finance: (Check for Copy only, if applicable ~ ~ • TO: Board of County Commissioners From: Roberta Breene Date: March 15, 2009 Subject: Board Meeting, March 24, 2009 - Consent Agenda No. VI-C-8 Grant - Florida Hazard Mitigation Grant Program This grant from the Florida Hazard Mitigation Grant Program will provide funds for retrofitting to harden the banks of Mosquito Control District Impoundments 1 and 6, which have sustained sign~cant damage in the past. The anticipated total cost is $392,169, with $294,126 (75%) to be requested under the grant and $98,043 (25%) to be provided by the County. Recommendation: Staff recommends approval for the submittal of a grant application to the Hazard Mitigation Grant Program (~-IMGP) for funds in the amount of $294,126 to fortify the rip rap banks of Mosquito Control District Impoundments 1 and 6. In addition, approval is requested for Resolution 09-101 which is necessary to complete the grant application. . Attachment 1 RESOLUTION 09-101 RESOLUTION FOR ASSISTANCE UNDER THE STATE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM WHEREAS, the St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the citizenry of St. Lucie County and the State of Florida: Project Title: St. Lucie County Wind Retrofit Proiect Total Estimated Cost $ 392,169 Brief Description of Project: Acquire funds for retrofitting to harden the riprap banks of Mosquito Control District Impoundments 1 and 6, which have sustained significant wind and water damage in the past. WHEREAS, financial assistance for the above project is required from the State of Florida Hazard Mitigation Grant Program. NOW THEREFORE, be it resolved by the St. Lucie County Board of County Commissioners, that the project described above be authorized. AND, be it further resolved that said St. Lucie County Board of County Commissioners make application to the State of Florida Hazard Mitigation Grant Program for a grant of financial assistance in the amount of 75% of the actual cost of the project. AND, be it further resolved by the St. Lucie County Board of County Commissioners that the County Administrator, and in her absence, the Assistant County Administrator, shall be authorized to serve as agent for the St. Lucie County Board of County Commissioners in this grant program and to sign the grant application and to sign the Maintenance Agreement which is included within the grant application. i AND, be it further resolved by the St. Lucie County Board of County ~ Commissioners that it certifies the following: 1. That it will accept the terms and conditions set forth by the State of Florida Hazard Mitigation Grant Program. 2. That it is in complete accord with the grant application and that it witl carry out the program in the manner described in the grant application and any plans and specifications attached thereto unless prior approval for any change has been received from the Florida Hazard Mitigation Grant Program. 3. That it is in complete accord with the Maintenance Agreement included as part of the grant application and that it will carry out the maintenance program specified in the Maintenacne Agreement. 4. That it has the ability and intention to finance its 25% share of the cost of the project and that the project will be operated and maintained at the expense of said St. Lucie County Board of County Commissioners. 5. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 7. That it will make available to the State of Florida Hazard Mitigation Grant Program, if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, a request for the final funding agreed to by the State of Florida Hazard Mitigation Grant Program. a This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the St. Lucie County Board of County Commissioners at a legal meeting held on this 24th day of March 2009 Attest Signature Title Title 3 AGENDA REQUEST ITEM NO. VI C-9 _ - ` ~ DATE: March 24, 2009 ~ REGULAR f ` ~ • _ PUBLIC HEARING CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants / Disaster Recovery Bill Hoeffner Director SIIBJECT: Approve the submittal of a grant application to the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant in the amount of $2,500,000 for restoration of Impoundment 14C wetlands. The NOAA Coastal and Marine Habitat Restoration Project Grant Program is part of the Federal Economic Stimulus Program and requires no matching funds. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. BACKGROUND: See attached memorandum FUNDS AVAIL.: No matching funds are required for the NOAA grant. PREVIOUS ACTION: N/A RECONII~IENDATION: Staff recommends the Board approve the submittal of the grant application to the NOAA Coastal and Marine Habitat Restoration Project. CONII~IISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER : l` --1`--~ Faye W. Outlaw, MPA Approved 5-0 County r~dministrator Coordination/Si natures County Attorney: Mgt & Sudget: Mosquito Control Daniel McIntyre Tawo na Johnson J es David Originating Dept: Other: Wil iam Hoeffner Marie Gouin r i ^ = : ~t ; ~ ST. LUCIE COUNTY , GRANTS / DISASTER RECOVERY • ~ ~ • DEPARTMENT MEMORANDUM To: St. Lucie County Board of County Commissioners From: Bill Hoeffner, Grants Disaster Recovery Director Date: March 24, 2009 Subject: Consent Agenda Item VI-C-9 This agenda item is to request Board approval to a submit a grant application to the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant Program in the amount of $2,500,000 for restoration of the Impoundment 14C wetlands. The NOAA Coastal and Marine Habitat Restoration Project Grant Program is part of the Federal Economic Stimulus Program and requires no local matching funds. Impoundment 14C is the last significant wetland bordering the Indian River Lagoon that has not yet been re-connected to the Lagoon. The wetland is located immediately north of the Florida Atlantic University Harbor Branch campus and extends to the Indian River County line. Please see the attached aerial map (Attachment 1). The wetland spans eight land parcels. Land acquisition of the four southern parcels is currently in progress using Florida Forever, Florida Communities Trust, and South Florida Water Management District (SFWMD) grants and should be completed by the middle of June 2009. Management control of the four northern parcels will be secured through a conservation easement given to the SFWMD and a management agreement with the SFWMD and the land owner. Restoration will involve removing berm material that has spilled into the wetland, rebuilding and stabilizing the berm that borders the Lagoon, installing pumps and culverts to control the flow of water in and out of the wetland, removing exotic plants, and replanting with native species. If funding and the grant allows, recreational components to include boardwalks and observation piers will be included in the project. If feasible, it also planned to use solar energy or alternative energy saving mechanisms to power the pumps. The estimated cost of the restoration, recreation components, and alternative energy measures is $2,500,000. To secure project funding through the NOAA grant and to ensure the project is "shovel ready"; engineering, environmental studies, and permitting must be completed by the end of June. Funding for these services will be requested from the St. Lucie County Mosquito Control District in an agenda item to be presented at the 3/24/2009 Mosquito Control District Board meeting. Staff Recommendation: Staff recommends the Board approve the submittal of the grant application to the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant Program in the amount of $2,500,000 for restoration of the Impoundment 14C wetlands. :x.. :f.r~~,,.: r •.:r=~ ir~ : Ha~~+~r ~rar~~h ~~tl~n~~ ,~~ati~~,~~ G(S ~ ~ - u~ o-# U.~] r~~s r_ ~ H~t'krx B~yfir~ Pcr'Gvl r'~, _tll _ ~II[, ~ , ~~~~~g~ T ~ 9 4~ ' 1~ S 6Ri'~ ~~j`[ . 4t A ~~C ~ K e ' .Ir' ~ 1 ! r 't-~: ~ e 'iy' , v ~A- ~ PI ~ ~ ~ ~~y~~t 7t~ ft ~ 't ' f ~l ~'~`~6 .t'" ~ 'Ft~ ~ai,A ~~r,~ hk, `4 ti ~ ~ - y ~<<~ ~ ! ~~c~~~ :t z~ ` ::h _ I ' ~ ~ ~A~` .r ~ ~ 5 "-~a~ ' i ~ ~7 t ; 1'~~i i~~~ } ~ ~ ~ , . ~ F& r ~ i ~ ~ ' s~ ~ . _ ~ ~ 9~.. i ~ ~ .~H ~ t f ~ " ~ ~ '~~!'t~i~if . ~ 1 ~ ~ ~ ~ _~t r~' 11~ 1 ^ • ~y .:;r ( _ _',;I ~ . a ~ I I I~ii~, i~ 1 ! i ! ~ *t ~ ~II,i'7~ L ~ `!t ti~~4. ~ I~}~I;~~ } ~F' ~ i I ~ w.. lI3T~t,{,~~It) ~4 1,~j~l~.~~~~~ ! 4~?f, F ~ ~ !'i.o ,I~ ~ j'~ ~~y Y~ ~ ~~~~l~i aT~~` ~ ~~~~k., ~ i ~S+, i~~- i~(IIT'~y`~ ~r ~ 3~~~LI ~t~, ~ - ' , ~ ~ - r~• ..,,,,,,c;,;, f, t j; t ~i g..,N ~ I ` ~~iri~~~ 1 t , ~ S~. ~ I. ~ i ,i: „~,~i : ~ ~ . ~ ~ , + ~'V ~ ~ ~r ' s n , ~ fi~I I` ~1 ~ ~ .~~~~$,~.ii ~ i~~~ ~~,°F ~ i .u~ - ~ ~ re ~ ~~j~,;'cy,..~~a°~. ~ . t'~`' ~ . w R ~~~r ~ ~ ' y: ~ ~ ` a. 3 ii~ a~ ~ . . ~ y ~ ~ _ ~~~P~ 2~ i ~'~it ' ~ . ~ ' jt~` , - .,"i '#i~" . ~ - ~ '~i ~ t i~ ~ r ~ 1~ r ~ ' . ~ ~ :v q, . ~ ~ ^ .y« i, i ~f ~'~l a ~ '~t' ~ ~ ~ _ ~ n ..y .-~i~~ 1 r' :q„ . ys~i'. _ ~ c4 ' e n k,~~ ~ ' ~ ~ ~.xk . ;14~ - . - ' ~ r r h 1~ ~s , ~ ; ~ ~ ~ ~ i~-' w -r ~r ~~n~ ~ ~ ea:~._ } r . • 'f ` .;i, ~ I I ~ r V T„ ~ ' I I . .:~*r i 7~' f A~+if~.i"X.,"~ f.. e ti rS.'7l ` - ~~ti n s Y ,'~m i , ~ y `ti . ~1.~nd,?T ' f~~~ ~p . . ~ ~y, TM: ~ry{' J.. Y.,. ~.If L , _a._~ ~"4~ ~ ! +`L~.'~,: '~9~#J'M~- i ~ ~ `••f~ ~ ~ 4 • ~ . 1 . ,1~', r~~ °s ' _ ~ ..+~~/.';~~.•,~a1`Ik": , ~ . . ; j.... . , , • ' a. _ . . . . . . ~~a e~. ih-~ t.v7~ / ~ ~ , AGENDA REQUEST - - ITEM NO: VI-~.~I DATE: March 24, 2009 ~ REGULAR [ ] ~ ' ~ ' PUBLIC HEARiNG [ j CONSENT [XJ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Director SUBIECT: Permission to advertise for a Request for Qualifications for all eligible agencies in St. Lucie County that meet the criteria, as required, for distribution of the Choose Life License plate funds collected in St. Lucie County. BACKGROUND: The 1999 Legislature designated each County as the entity that wouid distribute the funds collected from the sale of Choose Life license plates sold in the County. Section 320.08058(30), Florida Statutes, requires the agencies that receive the funds must be non-governmental, not-for-profit agencies p~oviding services that are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. FUNDS AVAII: 001-6420-534000-69001 (Choose Life License Plate Program) PREVIOUS ACTION: Since 2001 the County has administered the funds from the Choose Life License Plate Program. RECOMMENDATION: Staff requests permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(30), Florida Statutes, to receive funding from the Choose Life License Plates COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED ( ] OTHER ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney: x'~,M~ D~ ~ Management & Budget x~~0~' Purchasing: X Daniel S. Mclntyre/Heather Young Marie Gouin/ Sophia Holt ~ :~e e .rn. v~ Originating Department: x L~~ Other: Other: Beth Ryder R.~.r.,..~:~ COMMUNITY SERVICES ~ • ' ~ • MEMORANDUM #09-165 TO: Board of County Commissioners FROM: Beth Ryder, Directo~ SUBJECT: Permission to Advertise a Request for Qualifications (RFQ) for Distribution of the Choose Life License Plates DATE: March 24, 2009 The 1999 Legislature designated each County as the entity that would distribute the funds collected from the sale of Choose Life license plates sold in the County. Section 320.08058(29), Florida Statutes, requires the agencies that receive the funds must be non- governmental, not-for-profit agencies providing services that are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Since 2001 the County has administered the funds from the Choose Life License Plate Program. Pregnancy Care Center, Care Net and Catholic Charities have in past years been awarded funding to assist pregnant women who are committed to placing their child for adoption. STAFF RECOMMENDATION: Staff requests permission to advertise a Request for Qualifications (RFQ) for all eligible agencies that meet the criteria of Section 320.08058(29), Florida Statutes, to receive funding from the Choose Life License Plates. AGENDA REQUEST ITEM NO: VI-~~ DATE: March 24, 2009 - REGULAR [ ~ _ ~ ~ " PUBLIC HEARING I ] . CONSENT [X] ~ • r • TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. Williams, Transit Manager ~ SUBJECT: Request permission to advertise a Request for Qualification (RFQ) for Public Transportation Services for St. Lucie County BACKGROUND: See attached Memorandum No. 09-163. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached Memorandum No. 09-163 RECOMMENDATION: Approval to advertise a RFQ for Public Transportation services for St. Lucie County and authorization for the Chair to sign all necessary documents. COMMtSSION ACTION: CONCURRENCE: APPROVED [ J DENIED ( ] OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures i ; County Attomey: x'~ ~4•+ S~ Management & Budget x~~~~~~ Purchasing: Daniel S. Mclntyre/Heather Young Sophia Holt/ Marie Gouin ~ r'~:e~eC Originating Department: ~-':~x~ Other: Other: Beth Ryder < ; , ~ . . ~ . r . ` COMMUNITY SERVICES , MEMORANDUM #09-163 i • ~ ' TO: ~ Board of County Commissioners FROM: Corine C. Williams, Transit Manager /,~'t'U SUBJECT: Request permission to advertise a Request for 4ualifications (RFQ) for Public Transportation Services for St. Lucie County. DATE: March 24, 2009 St. Lucie County Board of County Commissioners entered into an agreement with the Council on Aging Inc., St. Lucie/Community Transit (current operator) to provide demand response ground transportation to qualified individuals with disabilities in accordance with the mandates of the Americans with Disabilities Act, to the transportation disadvantaged in accordance with Chapter 427, Florida Statutes and to members of the public of all ages. The terms of the Agreement provided for transportation services that began July 1, 2004 and continued through and included June 30, 2007. The contract was extended for an additional two (2) years upon the written request of the Council on Aging Inc., St. Lucie and the consent of the Board. The current agreement will expire on June 30, 2009. There are no additional extensions available; therefore, it is necessary to advertise a new RFQ. At this time, staff is submitting a request for qualification in order to be in compliance with the rules and regulations of the St. Lucie County Purchasing Manual. Recommendation: Approvaf to advertise a RFQ for transportation services for St. Lucie County, and authorization for the Chair to sign all necessary documents. ~ AGENDA REQUEST . _ -4 ~ TM - ~ ITEM NO: VI-~3 ~ DATE: March 24, 2009 ~ REGULAR [ J PUBLIC HEARING [ ] ~ ` ~ ` CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services / PRESENTED BY: Corine C. Williams, Transit Manager/" SUBJECT: Acceptance of the Florida Department of Transportation Supplemental Joint Participation Agreement No. 3; approval of the Capitai Improvement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Fort Pierce Redevelopment Agency. BACKGROUND: See attached Memorandum No. 09-139. FUNDS AVAILABLE: 130204-4910-334493-400 (FDOT) 130204-4910-337910-400 (FPRA) 130204-4910-599330-400 (MSTU) PREVIOUS ACTION: See attached Memorandum No. 09-139 RECOMMENDATION: Acceptance of the Florida Department of Transportation Supplemental loint Participation Agreement No. 3; approval of the Capital Improvement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Fort Pierce Redevelopment Agency; authorization for the Chair to sign all necessary documents. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney: x~)K.r u~ Management & Budget x,-~~~ Purchasing: Daniel S. Mclntyre/Heather Yo~ Sophia Holt/ Marie Gouin ~ Originating Department: x o % Other: Other. Beth Ryder ~ r.. _ _ ' ~ COMMUNITY SERVICES ~ MEMORANDUM #09-139 ~ ~ r • TO: Board of County Commissioners FROM: Corine Williams, Transit Manager ~ SUBJECT: Acceptance of the Florida Department of Transportation Supplemental Joint Participation Agreement; approval of the Capital Improvement Program and Budget Resolution No. 09-087 to encumber and expend funds. DATE: March 24, 2009 On March 22, 2005, the Board signed the initial Joint Participation Agreement with the Florida Department of Transportation for $225,000 with 50% match from the County in the amount of $225,000. The City of Fort Pierce Redevelopment Agency has pledged $100,000 towards the support of this project. On February 27, 2007, the Board signed FDOT's Joint Participation Agreement Supplement (SJPA) No. 1 for an additional $275,000. The City of Fort Pierce Redevelopment Agency pledged $250,000 as local match for this grant. The County contributed $25,000 from the Public Transit Municipal Service Taxing Unit. Subsequently, on August 28, 2007, the Board accepted SJPA No. 2 to amend the JPA to allow funds for the design and construction of the Intermodal Transfer Facility. On July 1, 2008, the Board authorized the submittal of a grant application to the Florida Department of Transportation Discretionary Grant Program for additional funding of the intermodal transfer for the amount of $250,000. The Fort Pierce Redevelopment Agency has pledged local match of $250,000 towards this grant. (See attachment) On January 27, 2009, the Board approved publishing a Request for Qualification (RFQ) for architect services to produce construction drawing of the Intermodal Transfer facility to be located on Avenue D& 8th Street. Staff Recommendation: Acceptance of the FDOT SJPA No. 3; approval of the Capital tmprovement Program CIP 09-035 for the intermodal facility; approval of Budget Resolution No. 09-087 to encumber and expend funds from FDOT in the amount of $250,000 with local 50% match pledged from the Ft. Pierce Redevelopment Agency; authorization for the Chair to sign all necessary documents. ~ RESOLUTION NO. 09-087 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 funds from the Florida Department of Transportation ($250,000) and the City of Fort Pierce ($250,000) in the amount of $500,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of March, 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 130204-4910-334493-400 Florida Department of Transportation $250,000 130204-4910-337910-400 City of Fort Pierce $250,000 APPROPRIATIONS 130204-4910-562000-400 Building $500,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner poug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF MARCH, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ST. LUCIE COUNTY B.O.C.C. CAPITAL 1MPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY ~ PROJECT NAME: Avenue D Intermodal Facility PROJECT ~ DEPARTMENT: Community Services DATE PREPARED: 3/14/200) DIVISION: Transit PROJECT MGR: Corine Williams TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION / JUSTIFICATION: To construct an intermodal transfer facility located at Avenue D and N.8th Street The faciliry will be pedestrian-friendly, complete with restrooms, bicycle racks, signage, kiosk with tickeUroute information, a small park and ride area, and a connection to the Moore's Creek Pedestrian Pathway and Greenway. The project is a cooperative effortwith the Ft. Pierce Revelopment Agency, St. Lucie County Board of County Commission and Florid~ Department of Transportation. THIS PROJECT QUALIFIES i1NDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES ~NO ~ ~~1RR~pY~R F3~Q$-09 ~'i' U9-10 FI' 10-11 FY 11-12 FY12-13 FY13-14 5-YEAR ~Rp1VT'~p9 ~ ~ ~EW B~DGET ~ PLAN ~PLA1V ~ ~ ~ ~PLAN ~ ~ PLAN ~ TOTAL Land 0 0 Buildings 320,000 SOQ000 820,000 820,000 Imp 0/TBldgs 461,742 0 461,742 461,742 AIPP 0 0 0 0 0 0 0 TOTAL: 781,742 500,000 1,281,742 0 0 0 0 1,281,742 Fi7NDING SOURC~S & AMOUIVTS FY48-09 FI' 09-10 FY 10-11 FY 11-12 ° FY12-13 FY13-14 5-YEAR <(NEW ` BUDGET " PLAN PLAN= PLAN PLAN TOTAL FDOT 250,000 250,000 25Q000 Fort Pierce Redevelopment Area 250,000 250,000 250,000 SLC MSTU ~ 0 0 TOTAL: ` 500,000 500,000 0 0 0 0 500,000 "t3~'~,`RATTN(~'.3iVI`P~C'T ~,~~uaes~aa~l ~ersonnel~ineeds:as well $s any other ~y p9 10 FY 10-11 FY-12-13 FY 13-14 5-YEAR operatiugneeds) BUDGET BUDGET FY ll 12 ;BUDGET BUDCET BUDGET TOTAL Number of New Positions Needed ~ Estimated Operating Impact ~ REMARKS: An RFQ went out on January 2009 for architect services for construction design. CAPITAL IMP"REQ# : CIP 09-035 ACCOUNT 130204 - 4910 - 562004 - 400 ~ ~ 130204 4910 599330 400 . i ~ FORT PIERCE REDEVELOPMENT AGENCY ~ City of Fort Pierce ~ ~ ~ 100 North U.S. 1 ~`I~/ P.O. Box 1480 Fort Pierce, Florida 34954-1480 ~ Tel (772) 460-2200 Fax (772) 461-2954 jward~ city-fortpierce.com ~ June 10, 2008 Mr. Jeff Weidner Florida Department of Transportation Office of Modal Development District 4 Office 3400 West Commercial Boulevard Fort Lauderdale, FL, 33309 Re: Intermodal Devetopment Prognm-Certification of Loc~i Funding Match Dear Mr. Weidner At the December 20, 2006 meeting of the Fort Pierce Redevelopmem Agency, the Board affirmed its support for St. Lucie County's application for the Lrtermodal Developmeut program ~aM. The FPRA continues to support the developmem of an intermodal transit station and confirms that a cash match of a250,000 for this gram will be available from the Agency's coming 2009 fiscal budget, should the County be successful in its application. We urge the Department to approve the County's application and anticipate the positive benefit to the community that this intermodal facility will bring. If you ve any questions or comments regarding this issue, please coritact this office. Sincer , Jon Director • cc: Dennis W. Beach, City Manager FPRA Board Douglas M. Andersoq County Administrator ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-0i PUBUC TRANSPORTATION PUBLICTRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT 04~07 Page 1 of 4 Number # 3 Financial Project No.: Fund: ~S FLAIR Approp.: ~a8809 41726819401 Function: 639 FLAIR Ob 750098 (Rem-segment-phase-sequence) 1 ~ ~ Federal No.: Org. Code: 55042010429 Contract No.: A0424 DUNS No.: VendorNo.: F596000835079 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55014 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FI 34982-5652 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 14th day of ~u~y ,2005 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $750,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to provide additional funding to St. Lucie County BOCC for Planning & Construction of Intermodal Transfer Facility. 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 2 oi 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $500,000.00 bringing the revised total cost of the project to $ 1,500,000.00 Paragraph 4.00 of said Agreement is increased by $250,000.00 bringing the Department's revised total cost of the project to $ 750,000.00 3.00 Amended Exhibits: Exhibit(s) of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement N/A 725-030-07 PUBLIC TRANSPORTATION 04l07 Page 3 of 4 Financial Project No. 41726819401 Contract No. A0424 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated July 14th 2005 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION 51 G NATU RE DEPARTMENT OF TRANSPORTATION TITLE TITLE 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 4 of 4 Financial Project No. 41726819401 Contract No. A0424 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FI 34982-5652 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): to provid~ additional funding to St. Lucie County BOCC for Planning & Construction of Intermodal Transfer Facility. Project Cost: As Approved As Amended Net $1,000,000.00 $1,500,000.00 $500,000.00 Total Project Cost $1,000,000.00 $1,500,000.00 $500,000.00 I. Fund As Approved As Amended Net Department: $500,000.00 $750,000.00 $250,000.00 Agency: $500,000.00 $525,000.00 $25,000.00 City of Fort Pierce C.R.A $0.00 $225,000.00 $225,000.00 Total Project Cost $1,000,000.00 $1,500,000.00 $500,000.00 Comments: 725-030-07 PUBLIC TR,4NSPORTATION 04/07 Additional Page III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0.00 . FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. ~ ITEM NO. VI-E~ DATE: March 24, 2009 ~ ` ~ ' AGENDA REQUEST ~ REGULAR ( ) ' ~ ~ ~ PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: - , SUBMITTED BY: Airport Diana Lewis, Direc or ~ SUBJECT: Request approval of Resolution 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of Airfield Fence Obstruction Lights at St. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds are available in 140-4210-531000-400, Professional Services. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends approval of Resolution 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426174- 1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of AirField Fence Obstruction Lights at St. Lucie County International Airport, and authorize Chair or designee to execute same. C MMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures: County Attorney ( ) Mgt. & Budget ( ) Purchasing ( ) Heather Young Marie Gouin/ atty Marston Melissa Simberlund Originating Dept. (t~' Other ( ) Other ( ) ~a ~ is Finance: (check for copy, only if applicable) ~ BOARD OF ~ - ~ - ~ AIRPORT COUNTY ~ Diana Lewis, Director COMMISSIONERS , ~ . . - MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Dir~ . Date: March 10, 2009 Re: Approval of Resolution 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of AirField Fence Obstruction Lights at St. Lucie County International Airport. The project, being funded by this FDOT JPA, consists of lighting 3,955 linear of feet of fencing that is located 400 feet north of centerline of Runway 9/27. This project is in response to a recommendation made by the FDOT compliance inspector, to ensure that the Airport met the licensing requirements contained in Chapter 330 of the Florida Statutes. The subject fence was installed under the Phase 2 fence project, which was completed in 2005. Subsequent to the installation, a determination was made by the Federal Aviation Administration (FAA) that placing the fence at a distance of 400 feet from the runway centerline was acceptable, since there was a ditch that affected where the fence could be placed. FDOT determined that the fence did not meet their requirements, which required the fence to be placed 500 feet from the centerline of the runway. Initially, this fence was addressed by issuing a Notice to Airman (NOTAM), to advise pilots operating in the area of the fence location. However, since the FDOT annually inspects and licenses the Airport, the FDOT licensing inspector recommended that the fence be lit as a potential obstruction. FDOT is providing the funding to have obstruction lights added to the fence. These lights will be solar and meet FAA obstruction light standards. In February 2009, FDOT advised that a grant for these lights would be available this Fiscal Year, instead of the 2010 Fiscal Year. Because this project was unbudgeted, the $30,000 local match funds can be taken from 140- 4210-531000-400, Professional Services. Staff recommends approval of Resolution 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426174-1-94-01 in the amount of $120,000 (80% FDOT share) with a 20% local match of $30,000 for a total project cost of $150,000 for the installation of Airfield Fence Obstruction Lights at St. Lucie County International Airport, and authorize Chair or designee to execute same. , , RESOLUTION N0. 09-093 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. N0. 426174-1-94-01) FOR THE INSTALLATION OF FENCE OBSTRUCTION LIGHTS AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Installation of Fence Obstruction Lights at the St. Lucie County International Airport (Fin. Proj. No. 426174-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 426174-1-94-01) to provide funding for the Installation of Fence Obstruction Lights at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. i ~ ~ After motion and second, the vote on Resolution 09-093 was as foltows: Chair Paula Lewis XXX Vice-Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner poug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION PUBLICTRANSPORTATION JOINT PARTICIPATION AGREEMENT Page 1 of~4 Financial Project No.: Fund: ~S FLAIR Approp.: 088719 426174-1-94-01 Function: 637 FLAIR Obj.: 750004 item-segment-p ase-sequence Federal No.: Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: 596000835030 CFDA Number: CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before June 30, 2011 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 & 332.007 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the pa~ties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a project to install Fence Obstruction Lights at St Lucie County International Airport. and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030-06 PUBLIC TRANSPORTATION asro~ Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with aii practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Locat Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions neces'sary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other pocuments: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 150,000 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 120,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the DepartmenYs appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A& B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is QQ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ~ is 0 is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the DepartmenYs discretion, on or before the completion of the final project audit. n~~~ PUBLIC TRANSPORTATION oero~ 6.00 Project Budget and Payment Provisions: Pa9e3of,a 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it compties with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment wili be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shali establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Locai Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project accounY'. Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain su~cient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state o~cial. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 725-030-06 PUBLIC TRANSPORTATION 06I07 Page 4 of 14 T.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines tnat a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to compiy and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial O~cer (CFO) or Auditor General. 7.62 Audits: Part 1 Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipienYs resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-030-06 PUBLIC TRANSPORTATION asro~ Page 5 of 14 Part III Otfier Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained untii the action is completed or the dispute is resolved. Access to project records and audit work papers shali be given to the Department, the Depa~tment Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shail be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Bivd. Ft Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federai Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (fl, OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipienYs audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 In addition, pursuant to Section .320 (fl, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 725-030-06 PUBLIC TRANSPORTATION asro~ Page 6 ot 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Bivd. Ft Lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as appiicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain su~cient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 725-030-06 PUBLIC TRANSPORTATION aero~ Page 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shail file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereofl to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compiiance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Depa~tment will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. n5-o~o-os PUBLIC TRANSPORTATION OB/07 Page 8 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inciusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obiigations under this Agreement untii such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptiy to carry out the actions required therein which may inctude any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the DepartmenYs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as othervvise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 823. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 PUBLIC TRANSPORTATION O6/07 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shail certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportuniry to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Pa~t 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. PUBLIC TRANSPORTATION O6(07 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the o~cer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such o~cer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with ali applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PUBUC TRANSPORTATION asro~ Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its o~cers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The DepartmenYs failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifcations: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the DepartmenYs satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 823. 16.00 Project Completion, Agency Certifcation: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 725-030-06 PUBUC TRANSPORTATION Ofi/07 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2011 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any o~cer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for afl subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030-08 PUBLIC TRANSPORTATION aero~ Page 13 of t4 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approvai of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. n~~~ PUBLIC TRANSPORTATION osro~ Page 14 of 14 Financial Project No. 426174-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller LEGAL REVIEW SIGNATORY (PRINTED OR TYPED) DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE Fin. Proj. No.: 426174-1-84-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement befinreen the State of Florida, Department of Transportation and St. Lucie BOCC PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Fence Obstruction Lights SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C'. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 426174-1-84-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC t. TOTAL PROJECT COST: $150,000 II . PARII CI PAII ON: Federal Participation: FAA, FTA, UMTA, etC. 0.00% $0 Agency Partiapation: I n-Knd Cash 20.00% $30, 000 Other ''"Ma~amum Department Partiapation: Primary(DS) (DDR) (DIM) (POR~ 80.00% $120,000 Federal Reimbursable (DU) (FRA) (DFT~ Local Reimbursable (DL) III. TOTAL PROJECT OOST: $190,000 Financial Project No. 426174-1-84-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral pa~t of the Joint Participation Agreement between the State of Florida, Department of Transpo~tation and St. Lucie County BOCC A. Generai 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airpo~t Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal 8 Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airpo~t (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (8/2/2007) relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airpo~t operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airpo~t up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 (8/2/2007) shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation 8~ Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airpo~t be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional seroices. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. Joint Participation Agreement (JPA) Exhibit C Page 3 (8/2/2007) C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Repo~ts: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. Joint Participation Agreement (JPA) Exhibit C Page 4 (8/2/2007) d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for Iand purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federai Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federai funds are received for the land purchase, the Agency shail notify the Department by U.S. Mail within 14 calendar days of receiving the federai funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. Joint Participation Agreement (JPA) Exhibit C Page 5 (8/2/2007) c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airporf Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection 8~ Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, Joint Participation Agreement (JPA) Exhibit C Page 6 (8/2/2007) enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that appiy to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Parficipation Agreement (JPA) Exhibit C Page 7 (8/2/2007) Financial Project No. 4~F~74-~-qa-o~ Contract No. Agreement Date EXHIBIT D State Aqency Cataloq of State Financial Assistance (Number & Titie) Amount FDOT 55004 - Aviation Development Grants $120,000 Authorization: Section 332.006 & 332.007 COMPLIANCE REQUIREMENTS Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); Joint Participation Agreement (JPA) Exhibit D Page 1 - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Manaqement: See part three of compliance supplement Matchinq Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports Joint Participation Agreement (JPA) Exhibit D Page 2 When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non- federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on- airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Page 3 ~ ITEM NO. VI-E2 ~z&~,~~~ ~ ~ " DATE: March 24, 2009 ~ ~ ~ ~ AGENDA REQUEST REGULAR • 1l - - PUBLIC HEARING ( I CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis, Airport Dire~#or JV ;'J SUBJECT: Treasure Coast FBO, LLC - Revocable License Agreement for Aviation Fuel Truck Parking BACKGROUND: See attached memo. FUNDS AVAILABLE: Not applicable PREVIOUS ACTION: This item was continued from the March 10, 2009 Board meeting, Item VI-B1. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Revocable License Agreement with Treasure Coast FBO, LLC, and authorize the Chairman to sign the License Agreement. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED OTHER VI-E 2 Approved 5-0 Motion to approve with amendment Faye W. Outlaw, MPA to ci. County Administrator Coord ination/Sig natu res ~ County Attorney ( ) } Mgt. & Budget ( ) Purchasing ( ) Heather Young Originating Dept. (.~f : L_ Other ( ) Other ( ) D(ana `Lewis Finance: (check for copy, only if applicable) ~ ~ ~~v BOARD OF ~ ~'1~~ AIRPORT COUNTY ~ COMMISSIONERS Diana ~ewis, Director . . MEMORANDUM To: Board of County Commissioners `bL'"'.~~ From: Diana Lewis, Airport Director ~ ~ Date: March 17, 2009 Re: Treasure Coast FBO, LLC - Revocable License Agreement for Aviation Fuel Truck Parking Attached to this memorandum is a copy of a Revocable License Agreement with Treasure Coast FBO, LLC, also known as Key Air Treasure Coast. This agreement would permit Key Air to park one aviation fuel truck on a portion of the County ramp adjacent to the Customs and Border Patrol (CBP) ramp at the St. Lucie County International Airport. The Fixed Base Operator (FBO) will pay the County seventy-five and 00/100 dollars ($75.00) per month for use of this 12' x 45' space. The agreement may be terminated with or without cause upon fifteen (15) days prior written notice. A license agreement for Key Air to have parking for their fuel trucks on the County ramp was brought to the Board originally in August 2008. It was pulled from the agenda because of an objection by Volo Aviation, the other FBO at the Airport. Key Air advised at the time that they would speak to Volo at the corporate level to try to resolve the issues. The item was brought back to the Board on March 10, 2009 without resolution between Key Air and Volo, and was continued for two weeks so that rules on fueling for the two parties involved could be drafted. The two managers for Key Air and Volo met with Commissioner Dzadovsky, the Assistant County Attorney and Airport staff to discuss what policies should be put in place to reduce conflicts over fueling operations at the CBP ramp. The attached policies were drafted and coordinated with the agencies and companies involved with the expectation that the FBOs will follow these policies without need of enforcement either by the Airport or the CBP agents. Since these policies were developed with the cooperation of the FBOs they will be incorporated into the Airport's Standard Operating Procedures. If it is determined that enforcement is required, rules will have to be adopted into the Airport Ordinance 07-051. With these policies in place, the Volo manager has advised that he no longer objects to the license agreement for Key Air. Staff recommends the Board of County Commissioners approve the proposed Revocable License Agreement with Treasure Coast FBO, LLC, and authorize the Chair or designee to sign the License Agreement. This instrument prepared by: Heather Young Assistant County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the - "County") and TREASURE COAST FBO, LLC, (the "FBO"). WHEREAS, the County owns and operates St. Lucie County International Airport; and, WHEREAS, the FBO leases certain property at the Airport for a fixed base operation and desires to use an additional portion of the Airport to locate an aviation fuel truck in order to better serve users of the Airport; and, WHEREAS, the County is willing to permit the FBO to use a portion of the County Ramp on the western side of the Customs Ramp to locate an aviation fuel truck subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: l. The County agrees to grant the Owner a License Agreement for the purpose of parking an aviation fuel truck on a portion of the Airport as indicated in the attached sketch and incorporated herein as Exhibit "A." This license shall extend only to the above-referenced use and shall not extend to the construction and/or installation of any structures or utilities. 2. The sole purpose of this License Agreement is to allow the Owner to locate an aviation fuel truck on the County Ramp adjacent to the Customs Ramp at the Airport. 3. The FBO agrees to pay the County the amount of seventy-five and 00/100 dollars ($75.00), plus applicable tax, per month to the County for the use permitted under this License Agreement. The first payment shall be due and payable on or before the date set forth above and each subsequent payment shall be due and payable on or before the first day of the month. ` 4. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the FBO to locate an aviation fuel truck as indicated in Exhibit "A" for the purpose of providing fuel services to aircraft at the Airport. 5. The FBO shall operate the fuel truck in accordance with all applicable local, state and federal rules and regulations, and its fixed base operator lease agreement, as amended, with the County, ("FBO Lease") incorporated herein by reference. The FBO shall maintain insurance or to such other address as any party may designate by notice complying with the terms of this ; section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. The FBO shall indemnify and hold the County harmless form and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its agents, servants, employees, patrons, or invitees, or resulting in injury to persons or _ property, or loss of life or property of any kind or nature whatsoever, sustained during FBO's use : of the property. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first wrote. ~ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~Y: CH~3R APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA COLJNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2009, by Paula A. Lewis, Chair of the Board of County Commissioners, St. Lucie County, Florida, who is personally known to me and who did take an oath. WITNESS my hand and official seal, this day of , A.D., 2009. Signature of Notary Public Name of Notary Public Typed, Printed or Stamped ~ ~ i _rv , .m.k , ~ - , ~ ~ rt ~ . : ~ ~ ° , ~ ~ a ~ ~ ~ ; . 1 I . ' . . ~ . ~ = ~ - , e ~ ~ . , " ~ ~ r: ~ , ' . , ; , ' v'4~ - -i #1=` II ~ ~ l ~ ~ ; ~ _ I N ~ ~ ~ t j ~ I, f . # ~ f , ~ ~ 3 +..v'~' ~ { ~ y ~ f ~ ,l ~ i . ~ ~ * ~ ~ . ~ ~ ~ ~ ~ ~ : e . , ' ~ 3 . . ~ . ~ ~ ~ . \ f , - yr ,'T-.~ , : i > . . vr k ~ ~ ~v { a-§ I _ - , `i, - . : ; .`Y. g $ ~ . ° , . . %f _ ~ e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ = r~ ~ f ' . k ~ d ~ ~ I _ ~ ~ 2 ~ I ~ _ ~ Y ~ ~ ~ ) ~~e'i~~ ~ d n~, "±tXc'-~ ~'s : ~ : ~ ~ . - S 9~ s ~ 'i £e*-~~-~ . ~ ~ €~6 . ~-Y-' 2 : ` = ~ s _ ~ ~ s- , ! / Z 5 'rv`~ ~ ~ .K.. I . s . »e~.. r ~ ~ I ~ . . £ ~ : ~,x . ~ ~ ~e.- ~ .s5 . E : t"~ I ~ ~ S~ d, ~~i< ~°s. ~.a v`Y ~E. ~ . . pye: 3, .s' E I a„y v / ' ` ~ ~ ~ ~ I '~S •r ~3 a.~ 3' r y, y ~vw" : I ~ Y~~ ~ ~ ~ 1 . K° ` Y y ~ ~ -E• ~ ~ Q:R. ~ ` ~ rv ~ - 'y . . 'v'~• ~ k~3~ ~ ~ mA . a`7 1 ~.s y ~ ~ ~ ~ ~ . ~ k,. , ""~,x~'`. ?a ~ _ ~ ' I , ~ & I x. ~ . . - ~ ~ ~ : x ~ ~ - ~ ~ ~ ~ I , ~ ~ ~ ~ ~ ~ ~ ~'y,t, ~ y,~~ _ ~ ~ ~ ~~s ~ ~ i ~ Y~.s~, ~~u~~ ~ `~~'~t. ~ k ~ ~ ~ G, C f ~ ~9 O F~ • " * ~i r, . . , ~ !L~ _ ' i ~ ~ ~ ~I _ : X ~ ~ - ~ n D ~ L'1.o ~ ~~~D ~ ~ . ~ ~ ~ ~ ~ ~ ~ .~`~,/n ~ ~ ~ ` ~c ~ ~ ` ~C.~''` ~ s; ~ ~ +Py~ ~ k ~ ~ x ~ ~ ~ ~ r~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ ~ _ ' ~ ~ a ~.~^r. fr",~, ~ ~ . ~.4 s a ~ a'r . € ~ c ' ~ y r ~ ~ ~ ~~,g.~' , . ~ ~ ~ ~ ~ ~ ~ . ~ a ~ . ~ z . ' ~ . ~ ~ ~ ~ ~ ~ ` ~ ~ ~ ~ ~ ~ r ~ ~ ~ ' ~~Q^ / ~ € Y ~ ~ ~ ` ~ ~ ~S ~ a ' d ' ~ ~ ~ ~ ~`r'`-» ` ~ ~ ~~~~~~~G' ~ ~ ~ ~ ~ _ ' ~ ~ - _ ~ ~ vi . '.p' v* ~ s ~ _ ; ~ ~ ; ~ ~ ~ , _ ~ ' ~ x°~''e'"~,'~ Y ~ ~ . ~ ~ r , ~ _ I ` ~ . ^ j . " ~ ~-k ~ ~ ~ ~ ~"r`~a , l:~- ~ r ~ ~ ~ ~ .~.i ~ 1P~,~„# ~ ~ ~ g . `a;s. 4kx; ~ ~ f~ ~#i r'w!'', ~ '1 . . r ~ ~ ~ ~ s ~ ~ ~ Tr wt # ~ ~ ~ ~ J' ' ~ ~ ~ ~ - '~r ~ r s ~ : r ~"`4". , ~ ~ 3~v : . ~ ~ v r: I ~ ~ R ~ ! i ~ . . < : ~ y ` ~ } 'l~ ~ . . ' ~ ~ ~ ~y i ,Y ~ ~ y , ~ eM.~ _ I ~ ~ ~ EXHIBIT ~ F ~ R ~ _ ' " • ~ ~ u . - a A~~ ~!k` . ~ ~ j D ~ . f r ST. LUCIE COUNTY INTERNATIONAL AIRPORT STANDARD OPERATING PROCEDURE • . • . • ~ ~ • ' ~ • • . • Functional Area: Ops/Maint Number: SCLIA-09-01 Issue Date: 03/17/09 Date Revised: Approved by: Airport Director Issued by: A. Background/Purpose: Provide guidelines for the fueling operations at the Custom and Border Protection Ramp B. Cancellation: None C. Procedures: 1. Open solicitation for business by the Fixed Based Operators (FBOs) will not be permitted at the US Customs and Border Protection secured area (CBP). 2. Each FBO needs to identify the aircraft that they are servicing upon entering the CBP. 3. Transient Customers will summon the FBO they want for service when arriving at CBP. The summons may include but not be limited to having the pilot indicating his/her preference for service by motioning to the FBO representative present or calling when at the CBP. 4. FBOs cannot station a fuel truck on the CBP ramp until an aircraft requesting their services arrives on the ramp. 5. Aircraft fueling must be performed in the designated fueling area on the CBP ramp. 6. Fuel trucks can't approach an aircraft until the CBP agent clears them for fueling. 7. A sign provided by the FBOs identifying the two FBOs with their contact phone numbers and Arinc frequencies will be posted at the CBP ramp. Airport Unicom will remain a shared frequency and will also be posted. 8. Pilots requesting services from the Control Tower will be given the two brands of fuel only. Once the choice has been made the Tower will relay the Arinc frequency for the FBO of choice to the aircraft. 9. Any non-compliance with the rules will be reported to the Airport Director and a follow-up meeting with the FBOs will be held to address the non-compliance. 10. Each FBO will supply their own baggage cart identified with the company name, which can be secured for servicing aircraft in a designated area. 11. The no parking zone in front of the CBP entrance is designated for the safety of arriving passengers and should remain clear of equipment. 12. Employee's must keep their Airport badge with CBP Seal clearly visible when working on the CBP ramp. 13. FBOs will comply with all CBP rules and regulations. D. Revisions/Changes: This SOP will be periodically reviewed and updated as required. 1 ~ ~ ~ AGENDA REQUEST ITEM NO. VI- , ~ i~ ' ' ~ ~ ; DATE: March 24, 2009 e ~ • ~ ~ ~ ' REGULAR [ ] j ~~t~~~~ ~ ~ REVISED t~`' ~~y~M PUBLIC HEARING [ ] CONSENT[X] TO: Board of County Commissioners PR EN D BY: SUBMITTED BY (DEP~: Engineering Division ~ Michael owley, P.E County Engineer SUBJECT: Emergency Repairs Related to Tropical Storm Fay Verada Ditch Improvements North of Calmoso Drive and Calmoso Drive Culvert Replacement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available from the Hurricane Emergency Reserve Accounts: Verada Ditch Improvements North of Calmoso Drive (Work Authorization No. 22) Construction - 001507-4115-563000-19014J - $2,300,500.00 Soil - 1 01-41 1 5-563009-1 901 4J - $53,000.00 PREVIOUS ACTION: 12/23/08 - County Administrator signed Work Authorization No. 6 in the amount of $24,640.58. 1I13/09 - 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. 2/24/09 - Board approved 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. 3/10/09 - Board approved a dawn-to-dusk, seven-day work week for Emergency Repairs Related to Tropical Storm Fay. RECOMMENDATION: Staff is recommending Board approve award of the Emergency Repairs related to Tropical Storm Fay for the Verada Ditch North of Calmoso Drive and Calmoso Drive Culvert Replacement Projects to the low bidder, Dickerson Florida, Inc., in the amount of $2,091.304.00 and set up the project budget (to include the contingency) in the amount of $2,300,500.00. Also recommending Board approve Work Authorization No. 22 (Verada Ditch Improvements North of Calmoso Drive) to Dunkelberger Engineering and Testing in the amount of $53,000.00 and authorize the Chair to sign. Page 1 of 3 ~ ~ COMMISSION ACTION: CONCURRENCE: ~ ~ APPROVED [ ] DENIED j OTHER: l' • ~ Approved 5-0 Faye W. Outlaw, MPA ~ ~ - ° . County Administrator , r. ~ - ~ 3 ~ - Coordination/Sianatures [x]County Attomey ~ [xJMgt./Budget & Purchasing [ ]Road/Bridge~ Danie/ Mclntyre Marie Gouin ~~j ~ o~s1~C1w~% [x]Originating Dept. Public Works [x]Co. Eng M(~ []Other Donald West Michael Pow/ey Finance (Check for copy oniy, if pplica e.) _ Verada Ditch North award.ag ~ Page 2 of 3 ~ f DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer • DATE: March 24, 2009 SUBJECT: Emergency Repairs Related to Tropical Storm Fay Verada Ditch Improvements North of Calmoso Drive and Calmoso Drive Culvert Replacement BACKGROUND St. Lucie County is eligible for Natural Resource Conservation Service (NRCS) grant funds in the amount of $4.6 million on two repair projects related to Tropical Storm Fay: Verada Ditch Improvements and Taylor Creek Shoreline Repair. The County must provide a 25% match. These funds, however, must be expended by June 18, 2009. There is no partial reimbursement according to NRCS. With the assistance of our consultant, Miller Legg, the Engineering Division was able to assemble the Verada Ditch Improvements North of Calmoso Drive and Calmoso Drive Culvert Replacement construction plans and coordinate with a select group of contractors within a matter of weeks. Utilizing emergency bidding procedures, we have successfully bid and wish to award to the low bidder, Dickerson Florida, Inc., in the amount of $2,091.304.00 and set up the project budget (to include the contingency) in the amount of $2,300,500.00. It is imperative that we begin construction immediately. We are also requesting approval of Work Authorization No. 22 (Verada Ditch Improvements North of Calmoso Drive) to Dunkelberger Engineering 8~ Testing for Soil Testing and Inspection in the amount of $53,000.00. Page 3 of 3 , i i ° I s . PROJ/PROG #19014J WORK AUTHORIZATION NO. 22 CONTRACT C07-07-454 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the 24th day of March. 2009, by and befinreen the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Dunkelberqer EnqineerinQ & Testinq Inc. hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on Julv 24, 2007, the COUNTY entered into a Consulting Agreement (Contract No. C07-07-454) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of thei~ mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: VERADA DITCH RESTORATION NORTH TROPICAL STORM FAY (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-454). The senrices to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto Page 1 of 3 as Exhibit "B" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which the CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to pertorm all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of Fiftv Three Thousand Dollars ($53,000.00), as further detailed in Exhibit "C". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that th~e time of comp~etion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before September 30, 2009, as further described in Exhibit "B'. c. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of Ten Dollars ($10.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DUNKELBERGER ENGINEERING & WITNESSES: TESTING, INC. BY: Print Name: Title: Page 3 of 3 ~ • Fort Lauderdale DUNK~~BBRGER • Lakeland • Port 3afnt Lucie engineering & testing, inc. . sa~asota www.dunkelherger-engfneering.com • West Palm BeaCh St. Lucie Coiinty Engineering Division March 12, 2009 2300 Virginia Avenue Project No. PSL-07-2421.10.18 Ft. Pierce, Florida 34982 Attention: Mr. John Frank, P.E.... via email Project Manager Subject: Geatechrticnl & Co~rstrnctinn Mnterinls Testi~~ Services Verada Ditch Not~th ImPcovements St. Lucie County, Florida SLC P~~oject No. 09-010 Dear Mr. Fi~ank: Dw~kelberger Engineei•ing ~ Testing, Inc. (Dunkelberger} is pleased to have the opportunity to submit this work scope and cost proposa( to the St. Lucie County Engineering Department to fi~rnish geotechnical and construction m~terials testin~ services for the Verada Ditc1~ North Improvements project. The ditch impi~ovements are reqi~ired as a result of damage caused Uy Tropical Storm Fay. In general, the project will involve reshaping and armoiing (using granite riprap and articutating concrete mats) about 1 mile of tlle Verada Ditch. Tl~e ~vork wili occur along approximately 4 separate reaches of the ditch. Dunkelberger is ~vell-versed and has staff experienced specifically in canstruction of this type from their similar experience ~;~ith St. Lucie County on the Indian River Drive restoration work fo(lo~ving the Hw-ricanes of 2004. Our ~~~url: will be furnished to St. I..ucie County under our eurrent (July 2007} Continnin~ Serviccs Contract. A more specific breakdown of Dunkelberger's ~vork scope, schedule, and co~npensation is provided hereafter. SCOPE OF SERVICES Based on ouc• understandiitg of the project, Dimkelberger will p~•ovide geotectinical engineering consultatioi~/constitictability review, geotechnical eirgineerin~ oversigiit, and constructioia materials testing as part of the County's overall QA/QC program for the project. Mo~•e specifically, ~ve anticipate that oi~r services will involve performance of the follo~ving tasks: • Geotechnical Engineering - Provide constructability revie~v of design documents; management and ovecsight of field staff; trouble-shooting and problem resolution during construction; attendii~g pre- construction and construction progress meetings; preparation of engineering reports documenting our field observations & testing ~vork; and preparation of a final certification of the work's compliance with the c~ntract plans and specifications. • Construction Materials "festing & Geotechnical Oversight - Perform on-site testing and observation of earthwock and associated construction using experienced and trained professional aud technieal staff. The critical schedule and pace of tl~e ~voi•k dictates the need for our personnel to be on-site full-time to ensure that there is no cio~vntime ~vaiting for testing. As o~n• staff will be on-site fiill-time, we ~vill ser~Te as supplemental ins}~ectors to the Couiity's staff. More specifically, our role in the field ~vill include: State of Florida Board of Professional Engineers Authortzatlon No. 6870 • Fort Lauderdale , DUNK~~B~RGER • Lakela~d • Po~t Sai~rt Lucie engineering ~ testing, inc. . sarasota www.dunkelberger-englneeNng.com • West Palm BeaCh o Verifying the suitability of i~nported fill and the slope face subgrade. o Confirtning "demucking" of the ditch botto~ns. o Performance of in-place density testing of constructed soil backfill and testing of fi•esh (plastic) groet. o Turbidity measurements. o Perfonning supportin~ taboratory testin~, including: Proctor (maYimum densiry) tests on soil backfill; organic content, Atterberg limits, and grain-size (soil classification) tests for soil backf111 and articulating mat (slope face) subgrade; and testing of hardened concrete test specimens to measure their compressive strength. o Preparing daily inspection reports docuinenting the contractor's manpo~ver; completed ~vork quantities; encountered soil and ~vater conditions; issues or problems and their resolution; ~veather conditions; and other applicable infoi~tnation. • o Monitoring and documenting delivered and placed (constructed) material quantities, including collecting triick tickets for deliver}~ of fill, riprap, sod and mats. o Interaction ~vith County stRff and Dunkelberger's en~ineei• to proactively resolve construction problems. Our field services ~~7I1 be provided by one (1) full-time re~resentative for the duration of the project which ~ve understand ~vill be a maximum of ten (10) weeks. Based on ottr discussions with you, ~ve have developed a budget estimate for the descriUed scope of work assuming that our field staff wiU need to be on-site 13 hours per day And 6 days per ~veek. SCHEDULE We ~~~ill initiate our ~vork immediately upon receiving your ~vritten notiftcation to proceed. Our ~vork will be performed on an fls-needed basis throughout the duration of the pcoject. We ~vill furnish engineering summary and test data reports on a peciodic basis, hut generally at about t~vo week intetvals. One (1) copy of each test report ~vill be fur~iisliecl to lhe Coniractor. The work is to be completed by September 30, 2009. COMPENSATION These services ~vill be provided on a m~it rate basis in accordance ~vith our July 2007 St. Lucie County Continuing Services contract. We have established an estimated total fee of $53,000 for performance of the work described herein. . We u~iderstand that this work will be authorized ~vitl~ a~vork authorization issued by St. Lucie Co~mty and that the work will be carried out under the terms and conditions of our St. Lucie County Consultant Agreement. 00000 Should you have any questions or comments concet•ning this information, please feel free to contact me at your convenience. Sincerely, DUN GER ENGIN~~~RING & TESTING, INC. : J~ ra~ E. Dunkelberger, .E. ~President State of Florlda Board of Professfonal Engfneers Authorfzatlon No. 66T0 877.643.6832 , , ~ ~ . , ~ ~ ~ AGENDA REQUEST ITEM NO. VI-F2 `~'~~1 ~ ~ DATE: March 24, 2009 REGULAR ~ • . ~ ~ ) " ~ ~ ~ x .x . > . ~:r ~ . PUBLIC HEARING ~ l CONSENT[X] TO: Board of County Commissioners PRESEN ED BY: SUBMITTED BY (DEPn: Engineering Division Michael Powley, P. County Engineer SUBJECT: Emergency Repairs Related to Tropical Storm Fay Verada Ditch Improvements South of Calmoso Drive and Lucero Drive Culvert Replacement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available from the Hurricane Emergency Reserve Accounts: Verada Ditch Improvements South of Calmoso Drive (Work Authorization No. 23) Construction - 001507-4115-563000-19014J - $3,032,500.00 Soil - 101-4115-563009-19014J - $66,705.00 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. 2/24/09 - Board approved 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. 3/10/09 - Board approved a dawn-to-dusk, seven-day work week for Emergency Repairs Related to Tropical Storm Fay. RECOMMENDATION: Staff is recommending Board approve award of the Emergency Repairs related to Tropical Storm Fay for the Verada Ditch South of Calmoso Drive and Lucero Drive Culvert Replacement Projects to the low bidder, Ranger Construction Industries, Inc., in the amount of $2,756.468.00 and set up the project budget (to include the contingency) in the amount of $3,032,500.00. Also recommending Board approve Work Authorization No. 23 (Verada Ditch Improvements South of Calmoso Drive) to Dunkelberger Engineering and Testing, in the amount of $66,705.00, and authorize the Chair to sign. Page 1 of 3 COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED ( ] OTHER: ' Approved 5-0 ; Faye W. Outlaw, MPA ~ • County Administrator ~ CoordinationlSianffiures [xJCounty Attorney [x)Mgt./Budget & Purchasing ~I N r ~ [ ]Road/Bridge~ Danie/ Mclntyre Marie Gouin ~y, i (/1 II'S~- ~ v.?~+ [x]Originating Dept. Public Works [x]Co. Eng / ~ [ )Other Donald West Michae/ Pow/e-~ Finance (Check for copy only, if ap licab e.) _ Verada Ditch South award.ag Page 2 o f 3 ~ + DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer M~1~~ - DATE: March 24, 2009 SUBJECT: Emergency Repairs Related to Tropical Storm Fay Verada Ditch Improvements South of Calmoso Drive and Lucero Drive Culvert Replacement BACKGROUND St. Lucie County is eligible for Natural Resource Conservation Senrice (NRCS) grant funds in the amount of $4.6 million on two repair projects related to Tropical Storm Fay: Verada Ditch Improvements and Taylor Creek Shoreline Repair. The County must provide a 25% match. These funds, however, must be expended by June 18, 2009. There is no partial reimbursement according to NRCS. W ith the assistance of our consultant, Miller Legg, the Engineering Division was able to assemble the Verada Ditch Improvements South of Calmoso Drive and Lucero Drive Culvert Replacement construction plans and coordinate with a select group of contractors within a matter of weeks. Utilizing emergency bidding procedures, we have successfully bid and wish to award to the low bidder, Ranger Construction Industries, Inc., in the amount of $2,756.468.00 and set up the project budget (to include the contingency) in the amount of $3,032,500.00. It is imperative tha# we begin construction immediately. We are also requesting approval of Work Authorization No. 23 (Verada Ditch Improvements South of Calmoso Drive) to Dunkelberger Engineering 8~ Testing for Soil Testing and Inspection in the amount of $66,705. Page 3 of 3 , • . . PROJ/PROG #19014J WORK AUTHORIZATION NO. 23 CONTRACT C07-07-454 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the 24th day of March. 2009, by and befinreen the ST. LUCIE COUNTY, a potitical subdivision of the State of Florida, hereinafter referred to as the "County" and DunkelberQer Enqineerina 8 Testina Inc hereinafter refeRed to as the "ConsultanY'. WITNESSETH: WHEREAS, on Julv 24. 2007, the COUNTY entered into a Consulting Agreement (Contract No. C07-07-454) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: VERADA DITCH RESTORATION SOUTH TROPICAL STORM FAY (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-454). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto Page 1 of 3 r as Exhibit "B" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which the CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perForm all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of Sixtv Six Thousand Seven Hundred Five Dollars ( 66 705.00), as further detailed in Exhibit "C". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before September 30, 2009, as further described in Exhibit "B'. c. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of Ten Dollars ($10.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Lavus, goveming ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 , BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DUNKELBERGER ENGINEERING 8 WITNESSES: TESTING, INC. BY: Print Name: Title: Page 3 of 3 • Fort Laude~dale DUNKE~BERGER • Lakeland • Port Saint Lucie engineering & testing, inc. . sarasota www.dunkelberger-engineering.com • West Palm Beach St Lucie County Engineering Division March 12, 2009 2300 Virginia Avenue Project No. PSL-07-2421.10.18 Ft. Pie?•ce, Florida 34982 Attention: Mr. John Frank, P.E.... vin entnil Project Manager Subject: Geoteclrr~ic~d & Co~rstrirrtiox Malerials Testiirg Services Verada Ditch South Improvements St. Lucie County, Flo~•ida SLC Project No. 09-O1 l Dear Mr. Frank: D~u~kelberger Engineeriiig & Testing, Inc. (Dunkelberger) is pleased to have tt~e opportuniry to submit this work scope and cost proposal to the St. Lucie County Engineering Department to fiirnish geotechnical and construction materials testing se~vices for the Verada Ditch South lmprovements pi•oject. The ditch irriprovements are i•equired as a result of damage caused by Tropical Storm Fay. In general, the project ~vill involve reshaping ~nd armoring (using grAnite riprap a~id articu(ating concrete ~nats) about 1 mile of tlie Verada Ditch. Tlie ~vork ~vill occur along approximately 5 separate reaches of the ditch. Dunkelberger is ~~=el(-versed and has staff experienced specifically in constniction of this type fi•om their similar esperience ~vith St. Lucie County on the Indian River Drive resto~•ation ~vork follo~ving Hie Hurrica~ies of 2004. Our ~i~ori: ~vill be ftu~nished to St, Lucie Couut~~ iuider our current (July 2007) Continuing Services Contract. A moi~e specific breakdown of Dunkelbergei's ~vork scope, scl~edule, and compensation is provided hereafter. SCOPE OF SERVICES Based on our understanding of the p~~oject, Dunkelberger ~vill provide geotecimical engi~jeering consultation/constnictability revie~v, geotechnical engineering oversigl~t, and construction materials testing as part af the County's overall QA/QC program for the project. More specifically, ~ve anticipate that o~u• services wi{1 involve perforiY~ance of the follo~vi~ig tasks: • Geotechnical Engineering - Provide constructabitity revie~v of clesign documents; inanagement and oversiglrt of field staff; trouble-sl~ooting and problem resolution during construction; attending pre- construction and construction progress meetings; preparation of engineering reports documenting our field observations & testing work; ~nd preparation of a final certification of the work's cornpliance with the conh~act plans and specifications. • Construction ?~Iaterials Testing & Geotechnical Oversight - Perform on-site testing and observation of ea~~th~vork and associated construction using e~:perienced and trained professional and tecUnical staff: The critical schedule and pace of the ~vo?•k dictates the need for our personnel to be on-site full-time to ensure that there is no do~vntime ~vaiting for testing. As our staff ~vill be on-site fiill-time, ~ve ~vill secve as supplemental inspectors to the Cou?~ty's staff. More specifically, our role in the field ~vill include: State of Florida Board of Professlonal Englneers Authorization No. 6870 • Fort Lauderdale DUNK~LB~RG~R • Lakeland ' engineering & testing, inc. • Port Saint Lucie • • Saraaota www.dunkelberger-englneertng.com • West Palm Beach o Verifying the suitability of irnported fill and the slope face subgrade. o Co~rfirming "demucking" of the ditch bottoms. o Performance of in-place density testing of constructed soil backfill and testing of fi•esh (plastic) grout. o Turbidity measurements. o Perfonning supporting laboratoiy testuig, including: Proctor (maximum density) tests on soil backfill; organic content, Atterberg limits, and grain-si~e (soil classification) tests for soil backfill and ai~ticulating mat (slope face) subgrade; and testing of hardened concrete test specimens to measure their compressive strength. o Pi•eparing daily inspection reports documenting the contractor's manpower; completed ~vork quantities; encountered soil and ~vater conditions; issues or problems and their resolirtion; ~veather conditions; and other applicable information. o Monita•ing and documenting delivered and placed (constructed) material c~uantities, including collecting t~•i~ck tickets for delivery of fill, riprap, sod and mats. o Interaction witl~ County staff and Dunlcelberger's engineer to proactively resolve construction ~roblems. Our field services will be provided by one (1) full-time representative for the duration of the project ~vhich we unde~stand witl be a niaximum of ten (10) ~veeks. Based on our discussions ~vith you, ~ve have develvped a budget estimate for the described scope of ~vork assuming that our field staff~vill need to be on-site 13 houis per day and 6 days per ~veek. SCHEDUL~ We ~vill initiate ow~ work immediately upon receiving your written notification to proceed. Our ~vork ~vilt be perfoimed on an asa~eeded basis throughout the duration of the project. We ~vill furnish engineering summaiy and test data re}~orts on a periodic basis, but gene?•ally at aboiit t~vo ~veek intervals, One (1) copy of eacli test report ~~~ill be fiu~uished to the Contracto,-. The ~vork is to be completed by September 30, 2009. COMPENSATION These services will be provided on a unit rate basis in accordance ~vith ow• July 2007 St. Lucie County Continuing Services contract. We have established an estimated total fee of $66,705 for performance of dle ~vark described herein. . We understand that this ~vork will be authorized with a~vork authorization issued by St. Lucie Coiuity and that tl~e ~vork ~vill be carried out under the terms and conditious of our St. Lucie Cou~~ty Consultant Agree~nent. 00000 Should you have any questions or comments concerning this infoimation, please feel free to contact me at your convenience. Sincerely, DUN ER ENGIN~~RING & T~STING, INC. _ ~ r,''~ r rai . Dunkelberger, P~. Vice President State of Florlda Board oi Prafesslonal Engineers Authorization No. 6870 877.643.6832 ~ AGENDA REQUEST ITEM NO. VI-F3 - ~ ~ r ~ - ~ ~ ~ DATE: March 24, 2009 ~ REGULAR[] • . ~.x~ PUBUC HEARING [ ] CONSENT[X] TO: Board of County Commissioners P TED BY• SUBMITTED BY (DEPT1: Engineering Division Mich I. Powley, ounty Engineer SUBJECT: Okeechobee Road (SR 70) - Left Tum Lane at Peacock Road BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds will be made available in 101006-4116-563000-76550, Impact Fees - Infrastructure. PREVIOUS ACTION: On May 13, 2008 the Board approved Work Authorization No. 3 to the Contract (C07-07-383) with Miller Legg for the design of a Median Opening at Peacock Road in the amount of $15,845. RECOMMENDATION: Staff is recommending Board approval for waiver of formal bidding process and utilize the opportunity provided by the Florida Department of Transportation SR 70 Widening project by entering into a sole source contract with Dickerson Florida, Inc. in the amount of $185,293.85 for the construction of a left turn lane on Okeechobee Road at Peacock Road. COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED , [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Aap~als (x]County Attorney ` [x]Mgt.Budget 8 Purchasin ~ [ )Road/Bridge~ Daniel Mclntyre i1 Marie Gouin I f7'sv L1 v~l~.~ p~ [x~Originating Dept. Public Works [x]Co. Eng [x]Parks/Rec. Donald West Michael V. Powley_ Debra Brisson~ Finance (Check for copy only, if applica Ie.) _ S:~ENG\CAPITAL PROJECTS~FDOT State Roadway System\Okeechobee Road SR 70 - Peacock Road Left Turn Lane Page 1 of 2 ~ ~ ~7 ~li~ I. ~ ~~bli I 1 ~ r r . s ~ ~ DIVISION OF ENGINEERING • ~ ~ • ~ MEMORANDUM TO: Board of County Commissioners FROM: Michael Powley, County Engineer ~V'~ 4~ ~ DATE: March 24, 2009 RE: Okeechobee Road (SR 70) - Left Tum Lane at Peacock Road BACKGROUND: The Florida Department of Transportation (FDOT) is cu~rently reconstructing Okeechobee Road SR 70 (FDOT FP ID 230262-5-52-01) from a 2-lane undivided to a 4-lane divided rural roadway from just west of Header Canal Road to just East of Brocksmith Road. The County Fairgrounds lie within these limits. The construction plans for the ongoing widening of Okeechobee Road were finalized prior to the County's design of the Fairgrounds property. It is apparent that modifications to the design are necessary. Miller Legg has completed and permitted the design modifications necessary for the constnaction of a directipnal opening (westbound to southbound) at Peacock Road. FDOT has indicated that they will not enter into an interlocal agreement for the construction of the turn lanes. Additionally, they would not allow an independent contractor working for the County within the construction area to perform the work until their project has been completed. We, therefore, have two choices: utilize Dickerson of Florida, lnc., the general contractor performing the work, or wait until their construction project has been completed (anticipated to be February 16, 2010) and hire our own contractor. Dickerson Florida, Inc. has agreed to incorporate our construction into their project for a fee of $185,293.85. The prices provided are consistent with those of FDOT, with reasonable adjustments for current material costs. Having Dickerson perform the work negates the costs for large ticket items such as: mobilization, maintenance of traffic, maintenance of existing drainage, and milling and resurfacing. Additionally, FDOT has committed to overseeing the construction. This will eliminate our construction-engineering inspections costs. A savings of over $25,000 is realized if we proceed with the project at this time. Attachment: Proposal - 3 pages Page 2 of 2 ( ? DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. March 6, 2009 V'ta email & U.S. mail Mr. Craig A. Hauschild, P.E. Assistant County Engineer St. Lucie County Public Works/Engineering 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: SR 70 at Peacock Road Turn Lane DFI #T-6722 Deaz Mr. Hauschild: We are pleased to present the following proposal on items of construction at the above location. This proposal is effective for thirty (30) days and is based on current material prices. All work will be done in a neat workmanlike manner and in accordance with the plans and specifications. All work to be guaranteed as to materials and workmanship for a period of one (1) yeaz from date of completion. Thank you for giving us the opportunity to quote you. Sincerely, DIC RSON FLORIDA, INC. ` Bemie Barrile Vice President BB:ap P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dickersonflorida.com Page 1 of 3 ~ Job Code T-6722 Job Description SR 70 Tum Ln Job Location Job City Job CourHy . _ ~ _ r~ . ~ . . _ _ . ; ~ ~ ; ; ~?~n~~ " . ~ ~r~~ r~~. ~ ~ ~ ~ _ _ ~ _ : . ~ 4 . -..w_~._ t )OOC TESTING 1.00 LS 14,120.00 ~ 14,1Z0.00- 10 0110.1-1 CLEAR AND GRUB 0.37 Aae 9,730.00 3,600.10 20 0160~ STABILIZAFION TYPE B 2,373.00 Square Yard 6.60 15,861.80 30 OtZO-6 EMBANKNIENT(FILL) 1,022.00 CubicYard 21.55 22,024.10 40 0285-701 OPTL BA3E GRP 1 427.00 Square Yard 16.35 6,981.45 50 0285-706 OPTL BASE GRP 6 1,517.00 Square Yard 14.70 22,299.90 80 0334-1-12 SUPERPAVE TRAFF B 248.90 Ton 127.40 31,709.86 90 0337-7~ ASPH CONC FC INC BITIRUBBER 77.76 Ton 206.00 16,018.56 100 0339-1 MISC ASPH FOR G/R PAD 29.60 Ton 260.00 T,6.96.00 110 0425-602-125 U TYPE ENDWALL, INDEX 261, 3:1 WlGRATE 1.00 Each 3,851.33 3,851.33 120 0430-174101 PIPE, OPTL MATL, ROUND 0-24' 12.00 LinearFeet 66.85 802.20 130 0536-1-1 GUARDRAIL 380.00 LinearFeet 25.70 9,766.00 140 0536-7 SPECIAL GUARDRAIL POST 2.00 Each 390.00 780.00 150 0570-1-2 SOD 1,800.00 Square Yard 2.05 3,690.00 t60 700-20-11 SGL POST SI~N, F&1, LESS THAN 12 SF 3.00 Each 386.00 1,158.00 170 0705-71 DELINEATOR,TUBULARFLEXIBLE 2.00 Each 109.25 218.50 180 710-11-121 PAINTED STRIPE 6" (W') SOLID 810.00 Linear Feet 0.32 259.20 190 710-11-221 PAINTED STRIPE 6' (Y') SOLID 762.00 LinearFeet 0.32 243.84 200 710•11-141 PAINTED STRIPE 6" (W') SKIP (6'-10') 60.00 L'mearFeet 0.32 19.20 210 710.11-170 PAINTED TURN ARROW PAVEMENT MARKiNG 7.00 Each 32.15 225.05 BASEBID SUBTOTAL Subtofal: 161,12~09 210 XX)OC 15%CONTINGENCY 1.00 LS 24,168.76 24,168.76 15%CON7INGENCY Subto6l: 2~,168.76 GRAND TOTAL: 185 293.85 _ _ . _ _ _ . _ _ ~fl ~Yo~i+~ 6MG. ~~~kOn.. _ _ _ _ _ _ . _ _ . _ Page 2 of 3 ~ ! Our proposal refleds the work being performed in sequence with our SR70 project for the Florida Department of Transportation Any delays causing the work to be performed out of sequence is not covered and would need to be reprioed MiHing items are not necessary when work is cancument witti FDOT SR70 project and are not induded in this proposal This proposal is based on currer~ liquid asphaft prioes. Increases in liquid asphaft will be added at 1he time the work ~s pertortned SubmitEed By: Bemie Barrile Page 3 of 3 AGENDA REQUEST ' ITEM NO. VI-F4 ` ~ ~ ~ - - DATE: March 24, 2009 ~ t ~ 1d - - _ REGULAR [ ) ~ ~ L,~ i ~ PUBLIC HEARING [ ] CONSENT[X) TO: Board of County Commissioners PR ENT BY: SUBMITTED BY (DEPT): Engineering Division Michael V. Powley, Co ty Engineer SUBJECT: Ft. Pierce South Mine BACKGROUND: See attached memo. FUNDS AVAtLABLE: N/A PREVIOUS ACTION: April 19, 2005 - BOCC approved conditional use and mining approval of Ft. Pierce South Mine. RECOMMENDATION: Staff recommends Board approval to schedule a public hearing to be held May 5, 2009 at 6:00 p.m. or soon thereafter to consider the request of Ft. Pierce South Mine permit expansion. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ J DENiED [ ] OTHER: ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Aaaro~ls D nielnMrycN?tyie y `l~ ~X~ Mott M Sa ~ Ix]Originating Dept. PuWic Works h [x]Co. Eng ,~'1 V~ [ jp~r Donald West ~diae/ V. Pow/ey ~ S Finance (Check for copy only, if applicable.) _ Ft. Pierce South Mine request PH.ag ~ J f - ` - DMSION OF ENGINEERING { , ~ ~ ~ ,,~'i.; L- L-~-"~ Z~ L~`'- M E M O R A N D U M _ TO: Board of County Commissioners FROM: Michael Powley County Engineer /~~li,!~7~~~~, DATE: March 24, 2009 RE: Ft. Pierce South Mine BACKGROUND: The proposed Ft. Pierce South Mine is located approximately one mile south of Indrio Road on the west side of I-95 The mine received BOCC conditional use and mining approval on April 19, 2005. The property is comprised of about 240 acres. The applicant is requesting permission ta expand into a ne~nr phase within the conditional use boundaries. Staff requests permission to advertise a Public Hearing on May 5, 2009 to discuss this proposed expansion. Attachment: ERD Report Environmentai Resources ~ ~ ~ ; Department ~ . • . • Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: March 17, 2009 RE: Ft. Pierce South Mine Public Hearing DEPARTMENT COORDINATION PW requested ERD input on their request for permission to advertise a Public Hearing on May 5, 2009 to discuss the proposed expansion of the Ft. Pierce South Mine. ERD will continue to coordinate with the applicant and PW during completion of the review process. ERDINPUT ERD input will be included in the BOCC materials distributed at the time of the Public Hearing. ERD RECOMMENDATION ERD has no objection to the PW recommendation that a Public Hearing be held on May 5, 2009. Si ature ' 4 ' t AGENDA REQUEST ITEM NO. VI-F5 5 ~ ~ , ' DATE: March 24, 2009 i ~ , ~ , REGULAR[] _ PUBLIC HEARING [ ] CONSENT[X] TO: Board of County Commissioners P SE D BY: SUBMIITED BY (DEP~: Engineering Division Michael V. Powley, ounty Engineer SUBJECT: Lennard Road Municipa~ Service Benefit Units (MSBU)1, 2, and 3, for Paving and Drainage, Water, and Sewer, respectively. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds are available in Fund No. 1 01 001-41 1 5-563008-4502, Lennard Road Roadway Improvement. PREVIOUS ACTION: On June 6, 2000, the Board created the Lennard Rd. MSBU projects 1, 2, & 3. On September 26, 2000, the Board approved Work Authorization (WA) Nos. 8, 9, and 10 with Culpepper & Terpening, Inc. to design and permit the Lennard Road MSBU projects 1,2, & 3, and Environmental for the entire Lennard Rd. project in the amounts of $294,870 and WA No. 11 for Surveying Services for Land Acquisitions for the Ultimate (4-lane) segment of Lennard Rd. in the amount of $175,680. On April 3, 2001, the Board approved the First Amendment to WA No 8 for the removal of Environmental Assessment and Permitting services in the deductive amount of ($6,020). On August 26,2003, the Board approved the Second Amendment to WA No 8 for additional services: Task 8- Wetland Delineation and Task 9- Gopher Tortoise Blood Sampling in the amount of $4,600 both related to Environmental Assessment and Surveying Services relative to the boundaries within the project. On April 6, 2004, the Board Approved the Third Amendment to WA No 8 for additional services: Task 10 - Surveying Services, Task 11 - Design and Permitting Modifications, Task 12 - Landscaping Services, and Task 13 - Fencing in the amount of $11,940 all for acquisition purposes. On May 6, 2008, the Board approved WA No. 11 to Contract C07-07-459 with Nodarse & Associates for providing additional geotechnical information in the amount of $10,000 for Lennard Rd. MSBUs 1, 2, and 3. RECOMMENDATION: Staff recommends the Board reject all bids and allow for the rebidding of the projects. COMMISSION ACTION: CONCURRENCE: (~(J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and vals ~ [xlCounN Attomey_ [xjMgt.Budget & Purchasin ~ ~ [x]Road/Brid s~ Danie/ AAclnryre T- Marie Gouin ~,~~~j ~ 5~~~+w~~ Donald Pauley [x]Originating Dept. Public Works [x]Co. Eng I []Other Dona/d West Michae/ V. Pow/ey C-y~ s 4 Finance (Check for copy only, if ppli le.) S:\ENG\CAPITAL PROJECTSUvISBU\Lennard Road - Silver Oaks to Kitterman - MSBUWgendas Page 1 of 2 ~ i ~ ~ ~ ~ DIVISION OF ENGINEERING ~ * ~ • _ MEMORANDUM TO: Board of County Commissioners FROM: Michael Powley, County Engineer M~~~~' DATE: March 24, 2009 RE: Lennard Road Municipal Service Benefit Units (MSBU) 1, 2, and 3, for Paving and Drainage, Water, and Sewer, respectively. BACKGROUND: The Lennard Road MSBU projects 1, 2, and 3, consist of paving and drainage, water, and sewer improvements, respectively. The paving and drainage MSBU entail the construction of Tilton Road from Silver Oak Drive westward to Prima Vista Boulevard. Additionally, a portion of Lennard Road will be extended from the intersection of Tilton Road and Prima Vista Boulevard northward to the existing portion in front of Savanna Ridge Elementary School just south of Kitterman Road. Lennard Road MSBU 2 and 3 will provide the residents adjacent to the roadway water and sewer, respectively. Attached please find a copy of the Lennard Road PD&E corridor map for a reference to the location of the MSBU. Bids for the Lennard Road MSBU project 1, 2, and 3, were opened on August 8, 2008. Sixteen companies submitted bids. The lowest bid received was in the amount of $2,965,020.19, which was until March 3, 2009. Rather than requesting the lowest bidder to extend their bid past this date, staff is requesting the Board to reject all bids and allow for the re-advertisement of the bid for the Lennard Road MSBU projects. With the current market conditions, staff anticipates receipt of a lower bid. Attachments: Lennard Road PD&E - Figure 2-3 Preferred Corridor Map (1 page) Page2of2 ' i~{s .~~p f . J "r . :A ` ~ ' ~ { !r ~j~ir ' ~'u ' ~ ~ * y 't ri .~}`w ~ ~ .i .F y~~k^ h7~+°~,~w .,~~1`, ` _~~ie ~~~~f y~~~~. ~~jf~4M1`.~ ~ _ ~ p ~ ' ~ f f't ;4~~ iY ~~ie.r~~~~~~r s~ ~ ,....R, ?4t:• f'. +s, a;a~.:,~. y~~.-~, ¢1 ~ ) ~ ~ ~ . ~ k~ ~n s t w ~ . ~ J`~~ ~ r. . ti # . ~ ~ ~ 1~ ti"i ,~,1.~' ,.~y0., rr. S[ . ti"~ "R ~4 ' _ ' . ~...~~~~~K~ . ' .L~~. . A . ~ - ~ c. c' ' ~ _ . ~ . . s < ° wF~ ? h: ~r t a; ~ ;Y . d .y~i: y,w ~ ~~y~~ ~ ~ ~''z' ~ . . ~9r ~t ~ , h R • Y ' ~ I -;V~ ~ 3 ~ .r1'~ } Y::~` . , , ~ '~~ta. ~ ~ p,~1~ ~-1 ~ ~y . * (1' ) . 1 } ~Y # ~ ~ , . ~ s~~ . ~ ~ ~ ti ~ ~ ~ i (i~.~~ .r r~... ~ ~ ~ i~ ~ S ' t ~ ~ e v _ ~ ~ _ 1 q ` z ; . f ~ _ t~~~`~ @ ti . . t ~ ~ + ~ , ~ ; ~ y ~ ~"i~~~~`~ ` u} , ~ k ~ ' ~FY~q ° ~ : . ~ ~ ~ `txc~.: ~?r . c ~t_ d~ , ~ " x~- ~ ~ ~ : r ~ ' e ~ ~ 3 S r ~ ' ;z ~ . • y ~ i t`r,. ` ~i~' 1~ t"~ - ,h s, ~ ~A e ~ i'r~.~r . f ~ ; s~ ~ - 4r~ ~ , . e ~ ~ ' n ~ ~ _ ~ ir - . . ' r t F., ' ~ytn# ~~~.f ~I . t i r ~'~rr~ r ~ . . . _ ~~L.wra~t, { ~R , ~e ~^s .r~' ~ . b nr °E~ ~ . ~ ~ _ r . ` ~ ..`-'7 r" r ~ s . k+~ Y ~ 4 ~,e ~ . ~r rs' f ~ ~ . . - , ._~p : ~ T~ y ~ ~ \ 1 { JC 1 ~ t . ~ ~ . ~ ~ , ~ t~ Ti~.: ~ .M ~4. ' M~ ~~ryw,y ` ' a ~ •~",a- ~~tr M ' ~yi . ;1''~r ~ f ` 1 •:a « ~,a r r t ~c y. ' ~ ; . . . ~i .wY, t['~ ~ ~ • t s„ d ~"1 ~ ~ ~ I -,S. : ~ t ~ ~ • h ~ ~ , ' +a'' I 4~ ~f' ~ ~ ~ 7.~ < ~~~~y :l' i:, .t ~r I -z w .•a~~ ' ~i' . ~ # , . ' ~ .3 ~'~n`r,.iq~ ~ ~i~ ~ i~`~M. ~ 1 ' ~ -s~s°i ~ ~ : ~ ~ ~ I 3y , ~ta~'„!~ ~ ,j ~~~~~~t ~ . . r ,"~_7~' ' ~ ~ e i . e _ ' T ' r F~ g ~.~ji . ~ N ~ d f~~ ~i ~ ~ c~.a. ~ 'ft° ~ ; ri F t ~ g c ~ ~ t ~ ' ~ i ~ IC a y ~ is r . ~ ~ ~ ~ti ~~R ~ `'r. p.p f, sE.: ~ :w Y, ir ~r~~_,~' c. ~ ~ _ i ~ - r,a {S ` ~ + ~ "'w~~~ ~ i~ ~fz ~r+ ` f Y` ~ i a r ~ „ e; , , a~. .3 ~,t<-~~ a . ~ ;i , - _ l . z, ~ , i r~r~ ~ ~r'~ n. r 'Yr ~ ~ `t r ~ p J F : ~ r - ~ . . . . '~1 ;J" c. - f. •~-s~ '-1 .~m _~1 ~ ~ s '~r] ~ ~~v ~~~1i..~ ~if~'"}~ ,ti~""t r...- . y' ~ r f--~ r p~ l~ ~ . ~ ~ - e . ~ -r C ~ ~ t s p r ~ ~~E '^r i ~ ~I t A ~ i r ~ . . 9' ~ h: i !m, i. • ,r~ ~ +c -1 [ ~ tli~`'~ ~,~t'' ~n r y . \~"".l ,t ~l` . ~ - .s. ~ is),.~ ! .t~~~.' ~ 1!Y ~"f ~~t/ .1 ~ "1 't~ ,4, s ~ lA~ R t t ~ ~ ~ rL~ ~t ..1~ f.~ ~ j?~ L ~f ~ U - ` ~ ,~t ~ 1.'.~ ~ ~ ~ A ~ ! - 2 - L~ ~ . Y V }'~~`~~Il~~i~~ %i['~'7 G~ 1.:'~F~i.~ ~ ~ ~ ~t` ~ r~' ~ ~ ~ . ~ ? e r~~` ~ . W_ vwr a.a-r...w~; ~ ~~~w- ~ ~ ~ f ~ - s a"~~ri ~ r~- , - ~ Ed's Fi= .~~tl: f~ ~:~'S~d ''`.t~r'`-~``a~, , - ~x * _ , i ~'"$'r~'d w'k '~,~y ~ ' , ~ f ~ . ' , . ~`i ~ ~ 4 r e;' a ii• ~ $ ~ L 1 l!. ; ' ~X \ ~ y p ~ f , ~ i Y~ ~~"~.~j~'S.'~'.i`N.'S ~r~ I ~'~'",~"ppp///'''yyy...`~///'r ~~'`Ti~ c ^'~s fd ~ . } • -~~'o'~~~~~~?~ ' / ~_~~i~ ~ ~ 4 ~~.'S r:1 ~ ~ . . . 'I fy~~J I"^ L.`. dt::~ f 1 r~i ' ..zf..~. . ~~~.~y~.Y~ I f~'l y~ ~ tl p ~x~., ~ ~ ~ ! ~ .~1 ~~•~~~M~ i"i.~~~~'t~~ ±r ~~~~AY ~.y3~ ~ ~f~ ~ ~ ~ '~L~~ t~ r. ~ d ~ ~ ~ 1 f .Yi~&~t"~TS`J. 1,, ~ ~,~,t. -,~~r~"` . { ~ ~j J tr,.~ i~;~ a,~ ~ ~ r ~ " ~?++?+d .an~ 1.. '~r'}~4~~.e ri~i'~ "~r~'r''Fta~'~" 'r ~ ~it - ~ 4 ,~~i.~ ~ ~ ~ ~`~V•9~~~~~A~',11~ ,t~ Y ~~.~~y~`~/¢'~~4' .i,~~ ~ i n~. M1 ~ y ~ ~ t. i l j~~~Y~ t,~,.~ict~y j'~~_~` l~\ Fi ~'i _ ~ .'~'•Y"~~.I., ~ [ C•~' _ ~ D ~e~~~ ~3~.A' 4 z,~! ~ ~~~,,f..~1~~F~~i~!r w .Q" ;r ,A ~ . D'=. - - \ j 1~ < f rY <<,~ ' . ' s . ~ ' c '~`'°i~ ~ t~^ -r ~ `.t ~ ,g;> , ,j / ~ ~ '~r 7 j ~ , . . . !;'~1~~ i~ ~ ? ' . ~ . i ~ ~ ` ~ <{'L"'"s~~-~- , . ; r.~'~;~ ~ r °~y~'1 ~ . _ , . ~ i ~ r.~ ~ ~ ~ _ ~ ~T.d ' ~ . • - r.:, , _ , r:. ~ , j,~ . - . . _ . . , , - = , . ' , R, P~ ri Page 1 of 1 AGENDA REQUEST ITEM NO. IV - F6 y ~ ' ~ DATE: March 24, 2009 ~ REGULAR [ ] • ' ' ' PUBLIC HEARING [ ] . ~~,~.~.~..v,..~, CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS , SUBMITTED BY: ENGINEERING DIVISION P D B , icha V. Powley, .E. County Engineer ' SUBJECT: Sunland Gazdens Phase II Municipal Services Benefit Unit (MSBU) Project Budget and Interim Financing BACKGROLTND: Please see attached memorandum. FLTNDS AVAILABLE: 39009-4115-534000-3815 PREVIOUS ACTION: February 1, 2005 - The Boazd created the MSBU and authorized the County Engineer to proceed with the project. May 10, 2005 - The Board approved Work Authorization No. 1 to the Agreement for Continuing Engineering services with Camp, Dresser, and McKee to provide assessment services in the amount of $73, 880. May 10, 2005 - The Board approved Work Authorization No. l to the Agreement for Continuing Engineering Services with LBFH to provide surveying services in the amount of $117,995. November 8, 2005 - The Board approved the Interlocal Agreement with Ft. Pierce Utilities Authority and the City of Ft. Pierce. February 17, 2009 - The Board adopted Resolution No. 09-048 to levy a non-ad valorem special assessment on the Sunland Gardens Phase II MSBU and authorize staff to proceed with construction of the project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09-057 (Attachment 1) to establish a budget and authorize the Office of Management and Budget to proceed with additional interm financing to fund the construction of potable water mains for Sunland Gardens Phase II MSBU. Page 1 of 3 COMMISSION ACTION: CONCURRENCE: (~(j APPROVED [ ] DENIED [ ] OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures . I~i~j [X]County Attomey. [X]OMB/Purchasin •i/'/~!~~~~~ [X]County Engineer:~ Daniel Mclntyre Marie Gouin Q~ 5~ ~ L ~ vAti Michael Powley [X]Public Works Dir. []Utilities: Finance: (Check for Copy) X Donald West Page 2 of 3 E f + COMMISSION REVIEW: March 24, 2009 ENGINEERING MEMORANDUM NO. 09- 052 TO: Board of County Commissioners FROM: Michael V. Powley, P.E., County Engineer ~~p DATE: March 24, 2009 SUBJECT: Sunland Gardens Phase II Municipal Services Benefit Unit (MSBU) BACKGROUND On March 3, 2009 the Board adopted Resolution No. 09-0481evying a non-ad valorem special assessment on the Sunland Gardens Phase II MSBU and authorized staff to proceed with construction of the project. Staff is now recommending that the Board adopt Resolution No. 09-057 (Attachment 1) to establish a budget and authorize the Office of Management and Budget to proceed with additional interm financing to fund the construction of potable water mains for Sunland Gardens Phase II MSBU. cc: Staff Concurring Page 3 of 3 Attachment "1" ~ ~ RESOLUTION NO. 09-057 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 loan to Sunland Gardens Phase II MSBU from the SunTrust Revolving Line of Credit; contributions from property owners; and anticipated interest on the loan, to fund the potable water project, in the amount of $3,283,444. 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 39009-4115-384200-3815 Proceeds from Loans $2,939,444 39009-41 1 5-361 1 00-381 5 Interest on Investments $16,000 39009-4115-366910-3815 Proceeds - Cont.from Property Owners $328,000 APPROPRIATIONS 39009-4115-534000-3815 Other Contractual Services $3,283,444 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner poug Coward ~ 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 Page 1 of 1 AGENDA REQUEST ITEM NO. VI-F7 ~ V~~' DATE: March 24, 2009 ~ ADDRIpN ~ i • ~ , REGULAR[] . . , . PUBUC HEARING [ ] CONSENT[X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPn: Engineering Division ~ ~ V"~~ ~Or Michael V. Powl y, County Engineer SUBJECT: Natural Resources Conservation Service (NRCS) Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available from the Hurricane Emergency Reserve Accounts: Verada Ditch - 001507-4115-563000-19014J Taylor Creek Shoreline - 001507-4115-563000-19014K 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. 2/24/09 - Board approved 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. 3/10/09 - Board approved a dawn-to-dusk, seven-day work week for Emergency Repairs Related to Tropical Storm Fay. RECOMMENDATION: Staff recommends Board authorize the grant application. COMMISSION ACTION: CONCURRENCE: jX( APPROVED [ ] DENIED [ ] OTHER: r" ~ Addition to agenda - Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Aaprovals [x]County Attomey [x]Mgt./Budget & Purchasing [ ]Road/Bridge~ Daniel Mclntyre Marie Gouin A Don Pau/ey [x]Originating Dept. Public WorksA~ [x)Co. Eng ,1 [ )Other Donald West Michae/ V. P wley []Fnance Shai Francis NCRS Grant Application verada ditch.ag Page 1 of 2 ~ - ~ DIVISION OF ENGINEERING • • „ . MEM.ORANDUM TO: Board of County Commissioners FROM: Michael Powley County Engineer ' DATE: March 24, 2009 RE: Natural Resources Conservation Service (NRCS) Grant Application BACKGROUND: St. Lucie County was fortunate to receive $4.6 million (with the County's 25% match) in NRCS grant funds to assist us in repairing damage from Tropical Storm Fay to the Taylor Creek Shoreline and the Verada Ditch. The projects have been successfully bid. The total costs however exceed the total grant funds. We have consulted with our colleagues at NRCS and they have agreed to assist us further. It appears they can cover our $700,000 deficit (excluding the 25% match). Based upon an additional grant amount of $700,000 the County would need to provide a local match of $175,000 from the Emergency Reserve Account. Staff requests permission to apply for the additional funding. Page 2 of 2 Agenda Request Item Number A` i Meeting Date: 3/24/0 Consent [X ] ~ Regular [ ] ~ ~ Public Hearing [ ] Leg. [ ] Quasi-JD [ ] To: Board of County Commissioners ~ Pr e d Submitted By: Growth Management Department ~ ~ 2 ark Satterlee, AI Growth Management Director SUBJECT: Request of Adams Homes of New Florida for final piat for a two (2) lot residential subdivision called "Adams Record PIaY'. The proposed plat is a re-plat of Lots 23, 24 and 25 of Block 93, Lakewood Park Unit 8 as recorded in Plat Book 11, Page 19 of the Public Records of St. Lucie County, Fiorida into two (2) lots. BACKGROUND: On July 15, 1958 the Lakewood Park Unit 8 Plat was approved by the Board of County Commissioners. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On January, 29, 2009, through GM Order 09-005, the Growth Management Director granted Minor Site Plan approval for this project known as "Adams Record PIaY'. RECOMMENDATION: Staff recommends approval of the final plat of "Adams Record Plat" and authorize for final signature and recording. COMMISSION ACTION: CONCURRENCE ~ APPROVED ~ DENIED OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/ Signatures / County Attorney E.R.D.:~~~ County Survevor: '~'H~ Daniel S. Mcintyre Jennifer Evans Ron Harris County Engineer: Other: Other: Michael Powley Form No. 07-07 Commission Review: February 24, 2009 ~ ( GROWTH MANAGEMENT DEPARTMENT ~ Planning Division . . MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Sa{t~~,~~P~wth Man gement Director Kristin Tetswo Plan ing Manage~ j"~ PREPARED BY: Jeffrey Johnson, Senior Planner DATE: March 4, 2009 SUBJECT: Petition of Adams Homes of New Florida for final plat approval for the project known as "Adams Record PIaY'. On January 29, 2009, through GM Order 09-005, the Growth Management Director granted a two (2) lot residential Minor Site Plan approval for the project known as "Adams Record PIaY'. This subdivision is .67 acres in size and is located on the south side of Penny Lane approximately 500 feet west of West Seminole Road in the RS-4 (Residential, Single Family - 4 du/acre) Zoning District. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statute requirements. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, staff is requesting that the Board approve the final plat for this two (2) lot subdivision known as "Adams Record Plat" and authorize for final signature and recording. Please contact this department if you should have any questions on this matter. SUBMITTED ` ~ M rk Satterlee, AICP CJ~ ~ Growth Management Director ~ ~ Environmental Resources ~ ~ ~ M Department ~ . , 3~~ Agenda Item Companion Report TO: Board of County Commissioners FROM: Jennifer Evans Environmental Resources Department DATE: January 30, 2009 RE: Adams Record Plat DEPARTMENT COORDINATION ~ ERD coordinated with Growth Mar~ag~-•r,~~;,~k, :~s ~ell as other members of the Developm~nt Review Committee on the prop~:;~:d n,~,i. ERD INPUT ~ ERD input has been provide~ in tl~e ~ti~ct~~:;' r~~rriorandum. ERD RECOMMENDATION ERD has no objections to the ~r~poscd rlat. - ~ - Si ture JOSEPH E. SMITH, CLERK OF THE CIRCUIT CUURT ` ~ ~ ~~n~ SAINTLUCIECOUNTY i~ FILE # 3311500 021'17I2009 at 02.35 PM e pRD OR BOOK 3060 PAGE 2591 - 2594 Doc Typ . RECORD~NG $35.50 1 GM 09-005 2 MNSP- 820071306 3 4 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE 5 KNOWN AS "ADAMS RECORD PLAT" SUBDIVISION CONSISTING OF 6 TWO (2) RESIDENTIAL LOTS FOR CERTAIN PROPERTY LOCATED ON ~ THE SOUTH SIDE OF PENNY LANE APPROXIMATELY 500 FEET WEST s OF WEST SEMINOLE ROAD IN ST. LUCIE COUNTY, FLORIDA. 9 1 o WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site il plan approval submitted by Atlantic Land Design on behalf of Adams Homes of NW Florida, reviewed 12 the comments of the St. Lucie County Development Review Committee on this application, and made 13 the following determinations: 14 15 1. Adams Record Plat is a proposed 2-lot subdivision for 0.67 acres of property located on the i5 south side of Penny Lane approximately 500 feet west of West Seminole Road in the RS-4 1~ (Residential, Single Family - 4 du/acre) Zoning District. is 19 2. The petition is to re-plat fots 23, 24 and 25 Block 93, Lakewood Park Unit 8 as recorded in Plat 2 o Book 11 Page 19 of the Public Records of St. Lucie County, Florida into two (2) lots. 21 22 3. The Development Review Committee has reviewed the site plan forthe proposed projectand 23 found it to meet the minimum technical requirements of the Land Development Code and to 24 be consistent with the St. Lucie County Comprehensive Plan. 25 2 6 4. The project is consistent with the general purpose, goats, objectives, and standards of the St. 2~ Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 2a 29 5. The project will not have an undue adverse effect on adjacent property, the character of the 3 o neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public 31 health, safety, and general welfare. 32 3 3 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project 34 on the immediate vicinity through building design, site design, landscaping, and screening. 35 3 6 7. The project will be constructed, arranged, and operated so as not to interfere with the 3 ~ development and use of neighboring property, in accordance with applicable district 3 s regulations. 39 4 0 8. The project is eligible for well and septic system pursuant to Chapter 64E-6.005(7)(e), Florida 4i Administrative Code. 42 43 9. The appficant has applied for and received a Certificate of Capacity, a copy of which is 44 attached to this order as "Exhibit A", as required under Chapter V, St. Lucie County Land 45 Development Code. 46 4 ~ NOW, THEREFORE, BE IT ORDERED: 48 4 9 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed 5 o Minor Site Plan to be known as Adams Record Plat, is hereby approved as shown on the site File No.: MNSP- 820071306 GM Order-09-005 January 28, 2009 Page 1 i plan drawings for the project prepared by Atlantic Land Design, date July 31, 2007, date 2 stamped received by the St. Lucie County Growth Management Department on October 08, 3 2008, on the property described below, subject to the following conditions: ~ s 1. No clearing or other site work shall commence until after constructible engineering 6 plans have been app~oved by the County Engineer and all county environmental ~ permits have been issued by Environmental Resources Department pursuant to s Section 11.02.08(A)(7) of the St. Lucie County Land Development Code. As of this date 9 of issuance of this Growth Management Order, no constructible site development plans lo have been submitted for review. No work shall commence after the issuance of 11 environmental permits by County, or of any other permits by any other agency, until the 12 County Engineer has approved the constructible site plans. 13 14 2. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no 15 work shall commence on the site until all regulatory permits required from Federal, 16 State, and regional agencies and special districts have been issued. The Florida i~ Department of Environmental Protection, National Pollutant Discharge and Elimination la System compliance notice must be submitted to the County Engineer with the 19 constructible site plan at the time of building permit application or during permit review 2 0 or no paving, grading, and drainage permit and no building permit shall be issued. All 2 ~ National Pollutant Discharge and Elimination System Best Management Practices shall 2 2 be instituted on the site prior to site clearing and maintained daily. Stormwater ponds 23 shall be roughed in at the same time the site is cleared of groundcover. 24 ~ ' 25 3. This Growth Management Order shall be recorded in the Public Records of St. Lucie 26 County, Florida, in order to provide constructive legal notice of development 2~ conditions that run with the land. 28 2 9 4. The Code Compliance Manager shall receive a copy of this Growth Management Order 3 ~ and the site plan it approves and shall not approve any building permits that do not 31 implement or are not consistent with this Growth Management Order and the plans 32 hereby approved. 33 34 5. As a part of any Final Plat of the proposed project, the petitioner, his successors or 3~ assigns, shall convey or dedicate by plat to St. Lucie County the north five fee of the 36 subject property, along Penny Lane (FKA St. Lucie Avenue). To the extent permitted 3 ~ under the County's Code and Compiled Laws, any such dedication may be considered 3s eligible for Road Impact Fee Credits. 39 4 c 6. Prior to the final Certificate of Occupancy for either lot, a five foot concrete sidewalk is 41 required to be constructed along the parcels road frontage. Location of sidewalk shall 42 be at the ultimate right of way line. 43 44 B. The property on which this Minor Site Plan approval is being granted is described as follows: 45 46 Lots 23, 24 and 25 Block 93, Lakewood Park Unit 8 according to the plat thereof as recorded in Plat Book 11 Page 19 of the Public Records of St. Lucie County, Florida. 48 4 Q (TAX ID#: 1301-608-0152-000/3 8~ 1301-608-0154-00017) 50 File No.: MNSP- 820071306 GM Order-09-005 January 28, 2009 Page 2 1 (Location: Located on the south side of Penny Lane approximately 500 feet 2 west of West Seminole Road ) 3 4 C. The approvals granted by this Growth Management Order shall expire on January 28, 2011, 5 unless an extension is granted in accordance with the provisions of Section 11.02.06 (B)1 of 6 the St. Lucie County Land Development Code. ~ D. The Minor Site Plan approval granted under this Growth Management Order is specifically s conditioned to the requirement that the petitioner, Adams Homes of NW Florida, including any 9 successors in interest, shall obtain all necessary development permits and construction i o authorizations from the appropriate State and Federal regulatory authorities including, but not 11 limited to; the United States Army Corps of Engineers, the Florida Department of i2 Environmental Protection, and the South Florida Water Management District, prior to the 13 issuance of any local building permits of authorizations to commence development activities 14 on the property described in "Part B°. 15 i5 E. A copy of this Order shali be attached to the site plan drawings described in "Part B", which 1~ plan shali be placed on file with the St. Lucie County Growth Management Director and is mailed, return receipt requested to the developer and agent of record as identified on the site 19 plan applications. 20 2 i F. The Certificate of Capacity, attached as "Exhibit A", shall be valid for the same period as this 22 order. If this order expires or otherwise terminates, the Certificate of Capacity shall 23 automatically terminate. 24 25 G. This order shall be recorded in the Public Records of St. Lucie County. 26 27 2s ORDER effective the 28th Day of January, 2009. 29 3o GROWTH MANAGEMENT DIRECTOR 31 ST. LUCIE COUNTY, FLORIDA 32 33 34 3 5 BY ' ~ 36 3 ~ Mark Sat~erlee 38 / 39 APPROVED AS TO FORM 4o AND CORRECTNESS: 41 4 2 ' 4 3 - 44 BY " 45 Courrty Attorney 46 47 f~ 48 ` 4 9 aa 50 G:\PLANNING\Project FilesWdams Record PIaflGM Orde~1GM 09-005 _Adams Record Platdoc File No.: MNSP- 820071306 GM Order-09-005 January 28, 2009 Page 3 . ~ ~ ii 1~ . ~ ~ ~ ~ St Lucie County ~ Certificate of Capacity Date 1/28!2009 Certificate No. 2797 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 Minor Site Plan ' Number of units 0 Number of square feet 2. Property legal description 8 Tax ID no. 1301-608-0152-000/3 & 1301-608-01~4-000;7 8301 & 8205 Penny Lane Adams Record Plat Adams Record Plat 3. Approval: Building Resolution No. GM 09-005 Letter 4. Subject to the following conditions for concurrency: Owner's name Adams Homes of NW Florida Address 1430 SW St. Lucie West Blvd. Port St. Lucie FL 34946 6. Certificate Expiration Date 1/28/2011 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 Date:l/30/2009 Growth Management Director St Lucie County, Florida Friday, January 30, 2009 Page 1 of 2 I' Agenda Request Item Number VI - G2 Meeting Date: 03/24/2009 ~ ~ Consent [ x ] _ ~ Regular [ ] f1~' ~ L ~ - ' ~ , ~ Public Hearing [ l Leg. [ ] Quasi-JD [ ] To: Board of CouMy Commissioners Presented By Submitted By: Growth Management Departmerrt M k Satterlee, AICP Growth Management Director SUBJECT: Permission to advertise Ordinance No. 09-412, accepting the draft Land Development Code as received from Muniapal Code Corporation (Municode), and Ordinance No. 09- 013 amending the St. Lucie County Land Developmerrt Code (LDC) to correct inconsistencies, minor errors and omissions in the e~tisting version of the code. BACKGROUND: On March 18, 2008, the Boar~d of County Commissioners accepted a proposal from Muniapal Code Corporation for publication of the LDC. Since that time, Growth Management staff, in coordination with severat other departments, has received and reviewed the draft Municode edition of the Land Development Code to insure consistency with the existing version of the Code. This review has ident~ed numerous non-substantive changes needed to correct existing errors contained within the current version of the Land Development Code. These corrections will be considered in Ordinance 09-013_ FUNDS AVAILABLE: Funds a~e available for advertisements in Acxount no. 102-1510-549000-100. PREVIOUS ACTION: March 18, 2008 the Board of County Commissioners accepted the proposal from Municipal Code Corporation. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise proposed Ordinances 09- 012 and 09-013 for public hearings before the Local Planning Agency on April 16, 2009 and the Boa~ of County Commissioners on May 5, 2Q09 and May 19, 2009 beginning at 6:00 pm or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ~ DENIED ~ OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coortiination/ Signa res County Attomey ~ E.R.D.: ~z : County ~ Daniel S. Mclrrtyre y Mott Ron Harris County Engineer. M~ Other. Other. Michael Powlev Ch Le r nqe Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT S? U~ ~ ~ ` PLANNING DIVISION e s, - ^ = ' MEMORANDUM TO: Boarci of Counry Commissioners FROM: Mark Satteriee, AICP, Growth Management Director~ DATE: March 13, 2009 SUBJECT: Permission to advertise Ordinance No. 09-012, accepting the Draft Land Development Code as received from Municipal Code Corporation, and Ordinance No. 09-013 amending the Land Development Code to coRect inconsistencies, minor errors and omissions made in the existing version of the Code. Growth Management has reoeived a draft af the St. Lucie County Land Development Code from Municipal Code Corporation. StafF has reviewed the draft and found it to be consistent with the existing version of the Code and incorporates all adopted ordinances. We will be requesting that the Board adopt the draft Municode version as the official Land Development Code of St. Lucie County. This draft wilt be cansidered through Ordinance 09-012. In preparing the existing text and adopted ordinances for publication th~ough Municipal Code Corporation, Growth Management and other participa6ng departrnents iden~ed numerous errors contained within the cuRent version of the Land Development Cocfe. These errors include items such as incorrect department or staff fiUes, inconsistent formatting and incorrect section numbers. The correction of these errors is consi~red non-substantive_ The changes necessary to correct the existing non- substantive errors will be considered through Orclinanoe No. 09-013_ A review by the Local Planning Agency and two public hearings before the Board of County Commissioners are required to approve such changes before final publication. Staff is therefore, requesting permission to advertise proposed Ordinances 09-012 and 09-013 for public hearings. ITEM NO. VI- H1 ~ ~ - DATE: 03/24/09 • . • . ~ - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESEN B: SUBMITTED BY: Purchasinq Division Marie M. ouin, Director SUBJECT: Board approval of the cancellation without cause of contract C07-09-494 with SmurFit- Stone Container Corporation BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On September 25, 2007 the Board awarded RFP #07-091 and a contract to Smurfit- Stone Container Corporation for the recycling of cardboard from the St. Lucie County Bailing and Recycling Facility. RECOMMENDATION: Staff recommends Board approval of the cancellation without cause of contract C07-09- 494 with Smurfit-Stone Container Corporation COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures County Attorney (X) Mgmt & Budget O Purchasing (X) Daniel Melissa Mcl r Simberlund SOlld WBSte (X~ Other FlflaflC@ for copy only if applicable) :Le6 Cordeiro ~ ~ _ f - = _ PURCHASING DIVISION ! Office of Management and Budget • • ~ • - ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director ~ DATE: March 16, 2009 RE: Board approval of the cancellation without cause of contract C07-09-494 with Smurfit-Stone Container Corporation Backqround: On September 25, 2007, the Board awarded RFP # 07-091 and a two (2) year contract to Smurfit-Stone Container Corporation (based in Ft. Lauderdale) for the recycling of cardboard from the St. Lucie County Bailing and Recycling Facility. Due to the economic downturn of the economy and the demised market for recycled cardboard, the Contractor has been unable to perform the services required in the contract for St. Lucie County since December 17, 2008. On January 26, 2009, the Contractor filed a voluntary petition for relief and reorganization under chapter 11 of the United States Bankruptcy Code and under the Companies' Creditors Arrangement Act (CCAA) of Canada. Under paragraph 13 (b), Default, Termination without cause, staff recommends Board approval of the 30-days written notice of cancellation. Recommendation: Staff recommends Board approval of the cancellation without cause of contract C07-09-494 with SmurFit-Stone Container Corporation MG/mrs , . ~ = ITEM NO. VI- H2 ~ _ = DATE: 03/24/09 ~ . • . - - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y: SUBMITTED BY: Purchasinq Division ' Marie M. Gouin, Director SUBJECT: Board approval of the assignment of contract C08-10-558 from Cliff Berry, Inc. to Everglades Waste Removal Services, LLC BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Other Contractual Services PREVIOUS ACTION: On October 28, 2008, the Board approved an emergency purchase order and contract for Cliff Berry, Inc. to remove, transport, and dispose of leachate from the St. Lucie County Landfill. RECOMMENDATION: Staff recommends Board approval of the assignment of contract C08-10-558 from Cliff Berry, Inc. to Everglades Waste Removal Services, LLC and asking permission for the Chair to sign the assignment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ~(j OTHER ~ ~ ' Pulled pri0r to Faye W. Outlaw, MPA meeting. County Administrator Coordination/Siqnatures County Attomey (X) ~ Mgmt & Budget X) ~ Purchasing (X) Daniel `T~~~^50~ Melissa cl f Simberlund Solid Waste (X) Other FIf18f1C@ for copy only if applicable) v eo Cordeiro 4 ~ _ . _ PURCHASING DIVISION , Office of Management and Budget • • ~ • - MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: March 16, 2009 RE: Board approval of the assignment of contract C08-10-558 from Cliff Berry, Inc. to Everglades Waste Removal Services, LLC Back4round: St. Lucie County and Fort Pierce Utilities Authority (FPUA) entered into an interlocal agreement in October of 1994 for the treatment and disposal of leachate from the St. Lucie County Landfill. The requirements placed on FPUA by the Florida Department of Environmental Protection for the discharge of treated wastewater into their deep injection well has substantially increased. At the present time, the Landfill is under a Consent Order from FPUA for non-compliance with our permit conditions on leachate constituents. Over the past year, FPUA has repeatedly requested that the Landfill stop sending leachate to the plant because it is causing the plant to be perilously close to non -compliance with their permit. FPUA previously restricted the quantity that can be pumped to 38,000 gallons per day. FPUA then requested that we stop pumping to their plant altogether until further notice. As on October 9, 2008 there was 4,500,000 gallons in the two leachate ponds which have a total capacity of 5,000,000 gallons. On October 14, 2008, the Board awarded RFP #08-053 to Innviron Corporation for the building, owning, and operating of a Landfill Leachate Pre-treatment Plant. Innviron will provide pilot testing of the treatment systems to ensure compliance with Landfill permits at no expense to the County. Innviron will not be paid until the treatment system is fully functional and successfully treats the leachate to FPUA permitted limits. The cost of the leachate pretreatment will then be $136.80 per thousand gallons. This cost will be in addition to the FPUA final disposal cost. On October 28, 2008, the Board approved an emergency contract and purchase order to Cliff Berry, Inc. for the removal, transportation, and disposal of leachate from the St. Lucie County Landfill at a rate of $250.00 per 1000 gallons pumped. The term of this contract is for one (1) year. It will not expire until October 27, 2009 so that the Landfill can utilize the emergency disposal services as needed until the pre-treatment plant is fully operational. Clifford Berry is the owner and president of Everglades Waste Removal Services, LLC. Mr. Berry was the original owner of Cliff Berry, Inc. Everglades Waste Removal Services, LLC has acquired the assets of Cliff Berry, Inc. and has agreed to assume the contract and will honor all of the current terms and conditions. Recommendation: Staff recommends Board approval of the assignment of contract C08-10-558 from Cliff Berry, Inc. to Everglades Waste Removal Services, LLC and asking permission for the Chair to sign the assignment as prepared by the County Attorney. MG/mrs ASSIGNMENT OF CONTRACT C08-10-558 BY AND BETWEEN ST. LUCIE COUNTY AND CLIFF BERRY, INC. THIS ASSIGNMENT OF CONTRACT is entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and CLIFF BERRY, INC. ("Assignor"), and EVERGLADES WASTE REMOVAL SERVICES, LLC, ("Assignee"). WITNESSETH: WHEREAS, the County and Assignor entered into an Emergency Contract, for pumping, loading, transportation, and disposal of leachate from the St. Lucie County Landfill (hereinafter referred to as the "Contract"); and WHEREAS, Assignee acquired all assets of Assignor, which will continue to provide all of the services in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1. Assiqnment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, pertorm and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 3. Approval of the Assiqnment. The County hereby approves the assignment of the Contract, from the Assignor to the Assignee. ~ 4. Effective Date. This Assignment shall be effective as of March 1, 2009. IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: CLIFF BERRY, INC. WITNESSES: By: Print Name: Print Title: ASSIGNEE: WITNESSES: EVERGLADES WASTE REMOVAL SERVICES, LLC By: Print Name: Print Title: ~ - ITEM NO. VI- H3 ~ ' J - DATE: 03/24/09 ~ . ~ . • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Division ~ Marie . ouin, Director SUBJECT: Board approval of the third amendment to contract C06-08-278 with South Florida Concrete Service, Inc. and permission to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt Installation as needed. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 101003-4108-534000-400 & 101002-4110-534000-400 Other Contractual Services PREVIOUS ACTION: On April 1, 2008, the Board approved the second amendment to contract C06-05-278 with South Florida Concrete Services, Inc. RECOMMENDATION: Staff recommends Board approval of the third amendment to contract C06-05-278 with South Florida Concrete Services, Inc. extending the contract through September 30, 2009, permission for the Chair to sign the amendment as prepared by the County Attorney, and approval to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt installation as needed. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~~r Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSiqnatures Count Attorne X y y() Mgmt & Budget (X) Purchasing (X) Daniel Melissa Mclntyre Simberlund Road & Bridge (X) Other FIf1811C@ for copy only if applicable) Don Pauley 4 ~t~ ~ ~-F _ _ ` : PURCHASING DIVISION ~ Office of Management and Budget • • ~ • ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director V DATE: March 16, 2009 RE: Board approval of the third amendment to contract C06-08-278 with South Florida Concrete Service, Inc. and permission to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt Installation as needed. Backqround: On March 29, 2006, Bid #06-033 - Concrete, Culvert and Asphalt Installation was opened for the Road & Bridge Division. Seven hundred and thirty-four (734) companies were notified, twelve (12) documents were distributed, and three (3) bids were received. Staff recommended Board approval to award Bid #06-033 to South Florida Concrete as the primary contractor, Hanley-Martin Corp. as the first alternate, and Sunshine Land Design as the second alternate, and asked permission for the Chairman to sign the contracts as prepared by the County Attorney. Initial contracts were one (1) year with finro (2) additional one-year renewal options. On March 13, 2007 the Board approved the first amendments to contracts C06-05-278 with South Florida Concrete as the primary contractor, C06-05-284 with Hanley-Martin Corp. as the first alternate, and C06-05-274 with Sunshine Land Design as the second alternate, exercising the first renewal option and extending the contracts through March 31, 2008. On April 1, 2008 the Board approved the second amendment to contracts C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley-Martin Corp. and Contract C06- 05-274 with Sunshine Land Design to exercise the second renewal option extending the contract through March 31, 2009. Staff is now recommending approval of the third amendment to Contract C06-05-278 with South Florida Concrete Service, Inc. (based in Ft. Pierce), extending the contract through September 30, 2009. This additional extension will give the County enough time to bid this continuing contract. Recommendation: Staff recommends Board approval of the third amendment to contract C06-05-278 with South Florida Concrete Services, Inc. extending the contract through September 30, 2009, permission for the Chair to sign the amendment as prepared by the County Attorney, and approval to advertise an Invitation to Bid (ITB) for Concrete, Culvert, and Asphalt installation as needed. MG/mrs THIRD AMENDMENT TO MAY 9, 2006 CONTRACT C06-05-278 BETWEEN ST. LUCIE COUNTY AND SOUTH FLORIDA CONCRETE SERVICE, INC. THIS THIRD AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and SOUTH FLORIDA CONCRETE SERVICE, INC., their successors, executors, administrators, and assigns hereinafter called the "Contractor". WHEREAS, on May 9, 2006 the parties entered into a contract to provide concrete, culvert, and asphalt installations as needed; and, WHEREAS, on March 13, 2007 the parties executed the first amendment to the contract exercising the first one-year renewal option and extending the term through March 31, 2008; and, WHEREAS, on April 1, 2008, the parties executed the second amendment to the contract exercising the second one-year renewal option and extending the term through March 31, 2009; and, WHEREAS, the parties desire to further amend the contract to extend the term for to the end of the fiscal year. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this contract shall begin on April 1, 2006 and continue through September 30, 2009. Upon mutual agreement, this Contract may be renewed for one (1) additional one-year renewal period upon the same terms and conditions. 2. 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 First Amendment upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SOUTH FLORIDA CONCRETE WITNESSES: SERVICE, INC. BY: Print Name: Title: ITEM NO. VI y I ~ - ~ DATE: 3/24/09 • . ~ ~ • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ ~a . SUBMITTED BY: ERD - OXBOW Sandra Bogan, Ed & Outreach Mgr SUBJECT: Extension of the South Florida Water Management District / St. Lucie River Issues Team grant for "Living in a Watershed' exhibit at the Oxbow Eco-Center. BACKGROUND: Please see attached memorandum for background information. FUNDS AVAILABLE: 001821-7912-563000-765 (Grant Fund/ERD-Oxbow/Improvement other than buildings). PREVIOUS ACTION: Please see attached memorandum. RECOMMENDATION: Board approval to extend the SFWMD / St. Lucie River Issues Team Grant to September 30, 2009 for the design, construction, and installation of a"Living in a Watershed" exhibit at the Oxbow Eco-Center, and authorize permission for the Chair to sign the amended contract. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ---1 ~ Approved 5-0 Faye W. Outlaw County Administrator CoordinationlSiqnatures County Attomey (X) Mgmt & Budget (X) ` Y Ift~'"a Purchasing (X) l~°~l~r L-~s~ 'T~et~n so~~ ~s:~z~ ' .M:~~ Environmental (X) n Other FIf12f1C2 for copy only if applicable) Resources G,~(./ Y"~ v - ENVIRONMENTAL RESOURCES DEPT. ~ - ~ i . • . ~ MEMORANDUM TO: Board of County Commissioners ~ FROM: Sandra Bogan, Education and Outreach Manager ERD DATE: March 11, 2009 RE: Extension of the South Florida Water Management District / St. Lucie River Issues Team grant for "Living in a Watershed' exhibit at the Oxbow Eco-Center. Backqround On August 15, 2006, the Board authorized the submittal of a grant application to the St. Lucie River Issues Team for a"Living in a Watershed" exhibit at the Oxbow Eco-Center, which was to be developed in two sections. On February 12, 2008, the Board authorized the acceptance of grant funding, and on April 1, 2008 approved the budget resolution for the project. Section 1 of the exhibit, the "St. Lucie River Diorama," was completed in January 2008. On June 6, 2008, the Board approved the request to advertise a Request for Proposals for design and construction of Section 2 of the exhibit and on October 14, 2008, the Board approved staff recommendation to reject all proposals and authorized staff to re-advertise the RFP. On December 16, 2008, the Board approved extending the grant contract to May 2, 2009 and on January 13, 2009, the Board awarded the exhibit contract to JMWA Architects, Inc. Recommendation: Board approval to extend the SFWMD/St. Lucie River Issues Team grant deadline to September 30, 2009 for the design, construction, and installation of a"Living in a Watershed" Exhibit at the Oxbow Eco-Center, and authorize permission for the Chairperson to sign the amended contract. . ~ ITEM NO. VI ~ ' - ~ DATE: 3/24/09 • . • . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY~ Steve Fousek SUBMITTED BY: Environmental Resources Department Enviro~mP„ntal Lands Mana~er Environmental Lands Division SUBJECT: Transfer of surplus capital improvement funds to other projects, and approval of CIP summaries (CIP09-033 and CIP09-034). BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001-3920-552200-31004 PREVIOUS ACTION: The Board approved funding (001) in FY08 for specific capital improvements and exotic removal on Environmentally Significant Lands at Blind Creek. RECOMMENDATION: Board approval of the transfer of surplus funds as identified in Attachment A, and approval of CIP summaries (CIP09-033 and CIP09-034). COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED , ' ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures j / County Attorney i. Mgmt & Budget ( ) ~ ( Purchasing ( ) . , , y ~~it.~~'~ ~e C'S L1urtA~ ERD ( ) Parks and Rec ( ) ~ ENVIRONMENTAL RESOURCES _ _ ~ _ ' ~ _ ~ ~ ~ (Environmental Lands Division) • • • ~ • MEMORANDUM TO: Board of County Commissioners FROM: Steve Fousek, Environmental Lands Manager ~ DATE: March 9, 2009 RE: Board approval of the Transfer of surplus funds to other projects Backqround: Funding (001) was established to provide specific capital improvements and perform management activities at Blind Creek Park. Due to several successful grants and coordination of Florida Department of Transportation construction activities resulting in approximately a$55,000 savings, those funds may be made available to complete other projects. Dollman Park -$30,000. The project would fund the design, permitting and relocation of a pre-cast bathroom from the South County Regional Stadium to Dollman Park. The funds will also be used to pay all permits, fees and survey, recertification of the building, installation of footers, installation of water & wastewater lines, and construction of ADA sidewalks. The costs associated with the improvement will decrease the County's cosUshare ratio for the future South County beach restoration project. Stan Blum Recreation Area -$25,000. The project would fund the installation of wastewater lines to a proposed bathroom. Recommendation: Board approval of the transfer of surplus funds as identified in Attachment A, and approval of CIP summaries (CIP09-033 and CIP09-034). ~ ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: Dollman Beach Park Restroom Construction PROJECT 7603 DEPARTMENT: Parks and Recreation DATE PREPARED: 3/10/2009 DIVISION: Parks PROJECT MGR: M. DiMascio TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION / JUSTIFICATION: Design, permit and relocation of a pre-cast bathroom from the South County Regional Stadium to Dollman Beach Park. The funds will be used to pay for all permitting, fees and survey, recertification of the building, installation of footers, installation of water and waste water lines, and construction of ADA sidewalks. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES~NO ~ FUNDING USES CARRYOVER FY08-09 FY 08-09 FY 09-10 FY 10-11 FY11-12 FY12-13 5-YEAR FROM FY 08 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 30,000 30,000 30,000 Imp O/T Bldgs 0 0 AIPP 0 0 0 0 0 0 0 0 TOTAL: 0 30,000 30,000 0 0 0 0 30,000 FUNDING SOURCES 8~ AMOUNTS FY08-09 FY 08-09 FY 09-10 FY 10-11 FY11-12 FY12-13 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 001-7210-562000-7603 30,000 30,000 30,000 0 0 0 0 TOTAL: 30,000 30,000 0 0 0 0 30,000 OPERATING IMPACT (Includes add'I personnel needs as well as any FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 5-YEAR other operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 0 0 0 0 0 Estimated Operating Impact 0 12,500 12,875 13,261 13,659 52,295 REMARKS: Operating Expenses will fully impact Parks Budgt 09-10 in utilities and personnel (maintenance of building) . CAPITAL IMP REQ 09-033 ACCOUNT 001 - 7210 - 562000 - 7603 ~ ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM ~ CAPITAL PROJECT SUMMARY PROJECT NAME: Stan Blum Boat Ramp Bathroom Construction PROJECT 764 DEPARTMENT: Parks and Recreation DATE PREPARED: 3/10/2009 DIVISION: Parks PROJECT MGR: M.DiMascio TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION / JUSTIFICATION: Design, permit and construct new bathroom facility and install wastewater lines to the new facility. Design and permtting of the new facility is being funded by FBIP and FIND grant funds. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES~NO ~ FUNDING USES CARRYOVER FY08-09 FY 08-09 FY 09-10 FY 10-11 FY11-12 FY12-13 5-YEAR FROM FY 08 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 25,000 25,000 25,000 AIPP 0 0 0 0 0 0 0 0 TOTAL: 0 25,000 25,000 0 0 0 0 25,000 FUNDING SOURCES 8~ AMOUNTS FY08-09 FY OS-09 FY 09-10 FY 10-11 FY11-12 FY12-13 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 001-7210-563000-764 25,000 25,000 25,000 0 0 0 0 TOTAL: 25,000 25,000 0 0 0 0 25,000 OPERATING IMPACT (Includes add'I personnel needs as well as any FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 5-YEAR other operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 0 0 0 0 0 Estimated Operating Impact 0 12,500 12,875 13,261 13,659 52,295 REMARKS: Funds from FBIP and FIND grants of $18,000 per grant for a total of $36,000 for the permitting and design of the bathroom facility. BOCC approved use of grant funds on 12/12/08. Operating Expenses will fully impact Parks Budgt 09-10 in utilities and personnel (maintenance of building) CAPITAL IMP REQ 09-034 ACCOUNT 001 - 7210 - 563000 - 764 ~ ATTACHMENT A Transfer of funds Amount From Bud et To Bud et Pro'ect Dollman Park- Relocate bathroom from South County stadium & associated $30,000 001-3920-552200-31004 001-7210-562000-7603 related im rovements Stan Blum Recreation Area - install $25,000 001-3920-552200-31004 001-7210-563000-764 wastewater lines to ro osed bathroom $55,000 TOTAL f ITEM NO. VI-J-1 0 : J " , ~`~`~=g~ DATE: March 24, 2009 • AGENDA REQUEST . . REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): UTILITIES DEPARTMENT +~~~~I,l_~L~G~ C_'-C~~ Laurie Case Utility Director SUBJECT: Staff requests the Boards' permission to declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1 and request a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Ditchdiggers, Inc. in the amount of $864,131.88. FUNDS AVAILABLE: Funds available 479-3600-563000-3642 - Infrastructure PREVIOUS ACTION: Contract #C05-03-211 between St. Lucie County and Danella Companies, Inc. was terminated in January 2008 and the new the bid process requirements were fulfilled in June 2008. In September 2008, the low bidder, Expertech Network Installation, Inc. withdrew their bid. RECOMMENDATION: Staff recommends that the Board declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1, approve a bid waiver per the Purchasing Manual Section 5.5 and approve the formal quote from Ditchdiggers, Inc. in the amount of $864,131.88. COMMISSION ACTION: CONCURRENCE: ~APPROVED O DENIED O OTHER: Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Aparovals / ~ ~ County Attorney: Management and Budget: ~ ? Purchasing: / ~Z r~ ~ ~ t. ?v a N - _ e ~ ~ ~Originating Dept: ~ ? Other: ? Other: Leua~~t CAS9,.. ~ Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Communiry Seivices Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ~ ~ = ~ ~~~F~ UTILITY DEPARTMENT ~ ' ~ ' ~ MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Utility Director , ~ DATE: March 24, 2009 RE: 16" Force Main - US Highway #1 to Lift Station A BACKGROUND: Contract C06-07-472, executed July 18, 2006, placed Danella Companies, Inc. under contract to construct a 16" force main from a point on U.S. Highway 1 approximately 2,000' north of N. A1 A to the Fort Pierce Utility Authority Lift Station A located near the Manatee Observation Center in Downtown Fort Pierce. The estimated cost of this project was $2,077,797.56. Danella Companies, Inc. had supplied St. Lucie County a construction schedule that started the construction of the 16" force main on July 26, 2006 with construction scheduled to be completed by February 23, 2007. This schedule encompassed 213 days. On January 8, 2008, St. Lucie County opted to exercise the thirty (30) day no cause clause to terminate the contract with Danella Companies, Inc. St. Lucie County allowed Danella Companies, Inc. to complete portions of the force main in order to reach points in which the contractor could pressure check and certify portions of the completed force main. In an effort to complete this project St. Lucie County fulfilled the bid process requirements on June 25, 2008 for bid number 08-046 with the following price quotes to complete the 16" downtown force main: Expertech Network Installation Inc. $629,706.94 Timothy Rose Contracting Inc. $950,050.54 SPS Contracting Inc. $1,094,426.58 Sheltra & Sons Construction Company Inc. $1,201,007.50 Maxwell Contracting Company $1,235,300.00 R.K. Contractors Inc. $1,274,278.22 On September 29, 2008, the low bidder, Expertech Network Installation Inc., verified they would not be able to execute the contract or complete the construction of the 16" downtown force main. A check was i received from Expertech in the amount of $31,485.35 in lieu of filing a claim against their bid bond for this project and was posted to Utilities account in January 2009. St. Lucie County Utilities is requesting permission to reject the remaining quotes and permission to waive bid procedure and negotiate a contract with Ditchdiggers, to complete this project per their formal quote. Ditchdiggers is located at 2108 Orange Avenue, Fort Pierce, FL 34950. Completion of this project is a requirement of the Florida Department of Environmental Protection Agency (FDEP), which is the permitting agency for municipal wastewater facilities, in order to remain in compliance with FDEP regulations. It is necessary to declare an emergency as FDEP is insisting we complete this project as soon as possible. This force main is also a project required through the FPUA agreement. RECOMMENDATION: Staff recommends that the Board declare an emergency, reject the remaining quotes for the 16" Force Main on US Highway #1, approve a bid waiver per the Purchasing Manual Section 5.5 and approve the formal quote from Ditchdiggers, Inc. in the amount of $864,131.88. . - ~ ' i ~ 30ARD C~F _ ..ry' s~T. C~UNTY ~OUNTY • ATTORNEY Daniel 5. Mcinyre ~OMMISSIONERS e • ° • . ~ ~ Hearher `foung ASSISTANT COUNTY AiTORNEY Katherine Maclsenzie-Smirh ASSISTANT COUNTY ATfORNEY Hecther Sperrazzo Lueise ASSISTANT COUNT`( ATTGRNEY ~ September 30, 2008 John Wood Director of US Operations. Expertech Network Installation, Inc. 6781 W. Sunrise Blvd. Plantarion, FL 33313 Re: Bid #08-046 Project Dear Mr. Wood: We have been informed by the attached e-mail that your company refuses to execute the contract for Bid #08-046 for Various Sections of 16" Force Main US Highway #1 to Lift Station "A" or Wastewater Treatrnent Plant. Please be aware that if the County does not receive your signed, executed contracts by October 8, 2008, we will file a claim against your bid bond. Further, we will begin proceedings to debar Expertech from doing future business with St. Lucie County. Please contact me if you have any questions. Sincerely, ; ~ Heather Lueke Assistant County Attorney ~ ; HL/cn E ~ Copy to: Laurie Case, Utilities Director Ray Murankus, Utilities Project Managei ~ Melissa Simberlund, Contracts Coordinator ! Wanda O'Hare, Travelers Casualty & Surety Company of America Earl Masteller. Masteller & Moler JOSEPH E. Sh11TH, Disrricr No. 1• DOUG COWARD. Disrrict No. 2• PAULA A. LEWIS, Dismcr No. CHARLES GRANDE, Disrricr No. 4• CHRIS CR.4FT, Disrricr No. 5 Counry Adminlsrroror - Dougios M. Anderson ' 2300 Virginio Avenue •~rd floor Admin. Annex • Fort Pierce, FL 34982-5b52 • Phane (772) 462-144~1 ; FAX (772) 462-1440 • TDD (772) 462-1428 i received from Expertech in th amount of $31,485.35 in lieu of f' ' g a claim against their bid bond for this project and was posted to Utilit s account in January 2009 St. Lucie County Utilities is requesti permission to rej t the remaining quotes and permission to waive bid procedure and negotiate a contrac ith Ditchdig rs, to complete this project per their formal quote. Ditchdiggers is located at 2108 Orange enue, F rt Pierce, FL 34950. Completion of this project is a requirement of Florida Department of Environmental Protection Agency (FDEP), which is the permitting agency r unicipal wastewater facilities, in order to remain in compliance with FDEP regulations. T s force ain is also a project required through the FPUA agreement. RECOMMENDATION: Staff r ommends that the Boar declare an emergency, reject the remaining quotes for the 16" Force M' on US Highway #1, approv a bid waiver per the Purchasing Manual Section 5.5 and approve th formal quote from Ditchdiggers, c. in the amount of $864,131.88. Page 1 of 1 ~ ~ Melissa Simberlund - FW: St. Lucie Cty: US1 Project Bid # 08-046 From: "Masteller & Moler, Inc." <mastmolr@bellsouth.net> To: "'Raymond Murankus"' <MurankusR@stlucieco.gov> Date: 9/26/2008 4:27 PM Subject: FW: St. Lucie Cty: US1 Project Bid # 08-046 ~ Ray: ; Per our telephone conversation attached is the Expertech response. If you have any questions, please call me. Thanks ~ Earl , _ _ . From: Long, George [mailto:glong@expertech.net] Sent: Friday, September 26, 2008 3:40 PM To: mastmolr@belisouth.net Cc: Long, George Subject: St. Lucie Cty: US1 Project Bid # 08-046 . i Earl, ~ This is a follow up to our phone conversation; at this time Expertech will not be able to return the executed ' contract for the St. Lucie County, US1 Bid # 08-046 project. ~ If you have any questions feel free to contact me at 954-876-2587 ~ ; George Long Director of US Operations . i Expertech ` ~ 954-876-2587 ( ~ 1 I ~ f t ( , f 1 ~ { { S f ) ~ S file://C:\Documents and Settings~Administrator~I,ocal Settings\Temp~XPgrpwise\48EOA4... 9/30/2008 ~ . ! , r From: Melissa Simberlund Sent: Tuesday, September 30, 2008 9:05 AM To: Raymond Murankus Cc: Laurie Case Subject: Re: SLC Project Bid # 08-046 Ray: Heather is sending a letter to Expertech. »>,Raymond Murankus 9/29/2008 3:55 PM Melissa, I concur with Mr. Masteller's recommendation. Ray "Masteller & Moler, Inc." <mastmolrCa~bellsouth.net> 9/29/2008 3:39 PM September 29, 2008 RE: Contract to Complete the Downtown Force Main Project St. Lucie County Project Bid # 08-046 Our File #0537 Dear Ray: This email is in response to Melissa Simberlund"a€T"'s email to you this morning requesting that I provide more information as to why Expertech will not or cannot sign the referenced contract. Late last week, I received a telephone call from George Long, who I believe is in charge of the Florida office of Expertech. His phone call to me is the result of repeated efforts by our office attempting to communicate with Expertech by means of telephone and 'email as to why we have not received a signed contract from Expertech on the referenced project. Mr. Long indicated during the telephone conversation that the Expertech Florida operation is owned by a parent rnmpany in Canada and the entire Florida operation of Expertech is a€oeunder reviewa€O by the parent company. Therefore, he indicated to me that they would not be abie to execute any new contracts at this time. I requested Mr. Long to please email a confirmation of our phone conversation that they would not be able to execute the contract for this project. I received an email from Mr. Long on Friday, September 26 and immediately forwarded that email to you. In addition, it should be noted that the Contract Documents, specificaliy Section 00110 a€' Instruction to Bidders; Artic% Z0.0 a€' Execution of Cont~act, indicates that it is required that the Owner receive the contract within thirty (30) days of , its presentation, including other contract documents. I have been advised by the Purchasing Department that the contract was shipped to Expertech on August 14, 2008 and signed as received by Expertech on August 19, 2008. Thirty (30) days from August 19 would result in the contract being void if not received by September 18, 2008. In my professional opinion, the contract with Expertech is nuliified for two (2) reasons: ~ • They are unable to execute the contract due to directions from their parent company • They are beyond the required deadline established in the Contract Documents Therefore, it is my recommendation that the contract be awarded to the next competent bidder and that Expertecha€T"^s Bid Bond be surrendered to the County. Please do not hesitate to contact me if you require any additional information or have questions. Sincerely, ~afcl , MASTELLER & MOLER, INC. 1655 27th Street, Suite #2 Vero Beach, Florida 32960 (772)567-5300 Fax:(772)794-1106 Please Note: 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. 2 7tavelers Guarantee Campany ot Canada TRAV~'LFRS ~ 20 Queen Street West, Suite 300 ~ ~ Po BeX6 Toronto, Ontario M5H 3R3 www.travelersguarantee.com COtiTRACT STATUS REPORT PROGRESS DATE: 30-Sept-OS Enginee~ . Ovrner / Obligas_. Mastelier and Moler lnc. Board of C'ounry ('ommissioners, St. Lucie C'ounty 1655 27th St. Ste. 2 230U Virginia Avenue Vero aeach. Florida. 32960 Ft. Pierc:e , Florida, 33313 Phane: t-(77Z)567-53(~ . . Phnnc: 1-1772)462-I704 . . Pleuse ruvide aii?~ in urntutio» 1ot sfiowin Pleose ravide a Lr nrinatiun not showix gpNpM1p,; 9pp16219 13ondAmount: ~629,706.94 Typeof8unds: Performance ?lorther~ Bond Nu.: Dated: October 9, 2408 ariginal Co~tract Pricr: 5629,7fl6.94 Contract Date: 25-.fune~08 has been issued on behalf o~: Eapertech Network lustatladon (U.S.) Inr. in favour of. 13oard of Counry Commissionera, S4 L.ucIe County securing the follo~ti•irig contruct: Vurious Sectious of 16' Fnrcr tiiain US kttqhna,v 31 to Lift Statlon'A' or Wastewuter Treatment Plant Requested by ~ ' Peter Kapter CUN`!'RAC'F [NC(Q.'~~PI,ETE . ' CONTRAGT_COMPLETE , ~ ; Is smtisfartory progress being made? Dute of Compietioo ( j Yes (~i~o (if'~to reter to below) Wa.c the eontract completed to your satisfaction? ~f a~ ~Remarks ( j y~ [ j No {If ~u refer tu below) Arnount uf M•ork sppro~ed for puynicnt ta-date (cumulutive): *Remarks• ~ A.9if Revi~ed Contraet I'rice ~ Is GST included" Ycs ( j\o Amuunt paid to contractor C~ HoEdback ~unt ~ Fiaal ContraM Prlce S AnNcipated Compietion date, jg GST includCd? Ye~ No (ineludiag ull change orciers) Arc there anv unsatisfied Ltens? ~ ~ Y FS ~ j\o !f so, please gIve details brlow . _ _ _ _ _ _ Additional rnmments on the status of the project: ~~?"~^~fl ~~o ~~'''~T~ 3`N c~„G~~~-7's~ -~r L~'"~ G~'~~7~t ~r J,~a ~ r'~s~ oF [t is understood that the information rnntained herem ~s ft~rnished as a ma~ter of ccnirtesy for the confidential use of ihe surety and is mtrely an expression oi'opinivn. It is also agreed that in furnishing this informition, nn guaranty or warranry of'acxvracy or currectness is macle and no responsibility is assumexi as n result af relianc:e b}~ the sicretv, whether such inConnauon is Fumished by thc ownerlobGgee c~r by un nrchitecUcngineer ns the ngent ~fthe owner. / ~ ~ ~ ~ ~f~~ { ~ i ~'t~d-~'i~~3 Date~ ~~~~-~i ~s's~; Owmer,Agent: ° , v -~-.i ~.Can~m'} `w S f~ rfi~F~~`T..rl'~ r Print \rame: ~„!}r~ ~~~~'L'~~'~~~°.'- Signt~ture: L~. e-niail ,q~ldress: L~(..~~tXi ty~. ~'~Gsice Address: I1K~ ;~%1VtYW. Phane Vun~ber: ~'2.-1 _,,,~'~>~'~vc Pax Number. ( ~°7"~' ) ~ Ptensc return the eompleted form via fax to (4l6) 360-8267 . M MASTELLER & MOLER, INC. M - CIVIL ENGINEERS ~ March 12, 2009 Ms. Laurie Case Utility Director St. Lucie County Utilities Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 RE: 16" Force Main - Final Portion to Complete Construction Contract Recommendation of Award St. Lucie County, Florida Our File # 0537LJ Dear Ms. Case: Based on negotiations between Ditchdiggers, Inc. and the St. Lucie County Utility Department, Ditchdiggers, Inc. has submitted a bid to complete the balance of this project. Our office has worked with Ditchdiggers, Inc. on previous projects. Ditchdiggers, Inc. is a local firm with their office located in Ft. Pierce. It is our understanding that this contract will be awarded on an emergency basis due to the urgent need to have this pipeline system constructed and placed into operation. There are several upstream projects on hold until this project is completed. Masteller & Moler, Inc. finds the bid from Ditchdiggers, Inc. to be in order and we recommend award of this contract to Ditchdiggers, Inc. based on review and approval of the bid by the County Attomey's Office. Sincerely, MASTELLER ~ MOLER, INC. Earl H. Masteller, P.E., DEE President EHM/cab cc: Ray Murankus File #0537LG (slcu_case_award recommendation_031209.doc) 1655 27"' Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 567-5300 Fax: (772) 794-1106 email: mastmolr@bellsouth.net J~, ~ ~T~C~~~~~~I~ . . , , . _ Attn: Laurie Case 2/13/09 St. Lucie Countp Utilities Re: US 1 Downtown Force Main Various Sections of 16" Force Main US Hwy 1 to Lift Station "A" or WWTP Fort Pierce, Fl proposa~ scope: This proposal is based on information gathered from the following plan sets: Construction Plans and Specifications for Various Sections of 16" Force Main US # 1 to Lift Station "A" or WWTP, Masteller dz Moler , Inc Consulting Engineers. Earl H. Masteller, P.E.. Plans Dated October 2005. Revision Date Maq 5. 2008. DWG # 0537. This proposal provides installation of various sections of 16" force main as requfred per plan set. THIS CONSTRUCTION PROPOSAL IS CONSIDERED TO BE A LUMP SUM BID PROPOSAL FOR COMPLETION OF THE ASSIGNED TASKS IN THE AFOREMENTIONED PLAN SHEET VPITH LIMITATIONS DEFINED IN THE aUALIFICATIONS SECTION. PIPELINE LUMP SUM CONSTRUCTION COST: $834,910.03 PERFORMANCE AND PAYMENT BOND COST ($834,910.03 R.035%) $ 29,221.85 TOTAL LUMP SUM CONSTRUCTION COST: $864~ 131.88 THIS PROPOSAL SHALL INCLUDE THE FOLLOWING SCOPE OP' VPORK ~ • Mobilization ( 10% of Project Value Due at Notice to Proceed ) . + 1525 LF of 18" Dia HDPE Directional Bore / Indian River Drive • Core Existing Transition Manhole • 12" Dia P'VC Spool Piece for TYansition Manhole Entry • 6" Dia PVC Force Main • FEC Directional Bore (30" HDPE Casing with 440' of 16" Dia HDPE Carrier Pipe with insulators at entry and exit points only terminated with entry boots and one (i) casing vent • 16" Dia Plug Valves Qty Four (4) • 12" Dia Duckbill CLeck Valve Qty One (1) • Manuai Air Release Valve w/ Box Jty (6) • Remove and Dispose of Existing 16" Dia P'VC Force Main along US # 1 • Paved Drive Restoration as applicable with 30 day patch criteria • Sod as Applicable . Misc F'ittings as Necessary • As Built Record Drawings SPECIALIZtN~G IN: ~ ~c r- ~ ~ 'r;, ~ ! . , . ~ _ . ,i-. , ~ - , • Grouting of 6" force main after abandonment • Minimal Paver Repair at Manatee Center TIe in Location • Installation of Pigging Port Material to be Supplied by St. Lucie Countp • + 2200' LF 16" Dia C905 PVC Force Main • + 800 LF 16" HDPE for Directional Bore • Qty 1(one) 16" Dia Plug Valve • Qty 2(two) 20" Dia Plug Valve • Qty 2.7 tons of the following Fittings o gty 38 - 16" Bell Restraints o Qty 48 - 16" Fitting Restraints o Qty 10 - 20" Fitting Restraints o Qty 4- 6" Fitting Restraints o Qty 1- 16" 90 Bend Epogy Coated o gty 7- 16" 45 Bend Epoxy Coated o gty 10 - 16" 22 Bend Epogy Coated o Qty 1- 16" Wye Eposy Coated o Qty 1- 16" Coupling Sleeve Epoxy Coated o Qty 1- 16" Cap Epoay Coated o Qty 1- 16" a 20" Reducer Epogy Coated o Qty 1- 20" Coupling Eposy Coated Sleeve o Qty 1- 6" Coupling Sleeve Epo~? Coated o Qty 2- 6" 4b Bend Epoxy Coated THE Et.9i-ANCE OF MATERIAI.,S NECESSARY TO COMPLETE TffiS PROJECT SHALL BE SUPPLIED, AS STATED, BY DITCffi)IGGERS AS PART OF THIS LUMP SUM AGREEMENT The following quali8cations are made as part of this proposal: • Permits, engineering stake out are not included in this proposal • It is assumed that ail necessary MOT, Lane Closures, Road Closures, ete wip be granted as needed by local goveming bodies. • Asphalt Overlays for Open Cut Areas per City of Ft. Pierce Specificatioas not included in thia proposal. Asphalt Repairs for Open Cut Areas shall consist of 30 day Asphalt Pateh Specifications • Repairs to all non-member and unmarked utilities not included in this proposal . NPDES permits, testing, reporting or monitoring, if requLrod, by others • Final payment wIll be made ba6ed on a lump sum basis including any and all approved change orders. • If unsuitable material (le rock, muck, debr[s, clay, boulders, toxic snaterials) is encounter~d, Ditchdiggers will remove and replace as an extra to this contract on a time and material basis. All eacavated materials to be used for trench backflll in their orlginal excavated form and condition, without raixing, drying or tIming. • Shoutd contaminated soils be encouatered along excavatton route, disposition of these soils will be treated as a separate matter outside of the lump sum proposal. SPECIAtIZIN~ Ik: , - , ~~~'~C~t~l~~~~ , . ; _ - ; r 'i . All material is guaranteed to be specified and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: See above construction options with payments to be made as follows: Approved draw schedule. Any alteration or deviation from above specification involving e~ctra costs, may become an e~ctra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry flre, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be carried by Contractor. Should Ditchdiggers, Inc. be required to institute titigation for the collection of any sums due and arIsing under this proposal, or should Ditchdiggers, Inc. be required to defend any action brought by the party accepting this proposal or its successors or assigns, then and in that event, in any such litigation, should Ditchdiggers, Inc. be the prevailing party, it shall be entitled to recover its reasonable attorneys fee and all court costs incurred at the trail and/or appellate levels. Venue for any court proceedings shall be held in St. Lucie County, Florida. RegardIng all materials, equipment and products provided under the terms of this proposal, the full of risk of loss shall pass to the party accepting the proposal upon detivery to the Job site. However Ditchdiggers, Inc. retains title for securtiy purposes only, to all materials, equipment and products provided until full payment has been made in accord with the terms of this proposal: and Ditchdiggers, Inc. may, at its option, repossess the same, upon the default in payment by the party accepting this proposal, and further may charge said party with any deficiency. Once a final pay request has been received by the party accepting, this proposal, said party shall have seven days in which to satisfy any remaining outstanding amounts due as these amounts pertain to this contract or attached change orders. If seven days has lapsed without satisfaction of these outstanding amounts an event of default shall be declared. Upon and after an Event of Default which has not been waived or cured, Ditchdiggers, Inc. shall have the following rights and remedies, all of which may be exercised with or without notice to the party accepting this proposal, their agents, or property owners. (A) All of the rights and remedies of Ditchdiggers. Inc. under the Uniform Commercial Code of the State of Florida aze asserted, or under applicable law. all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights and remedies contained in this agreement. (B) The right to foreclose the liens and security instruments created under this agreement by any applicable judicial procedure or without judicial process; O the right to enter upon the premises of the party accepting this proposal or where equipment was/is installed or stored through self help and without Judicial process, without first obtaining a Hnal judgment or giving notice and opportunity for a heartng on the validity of Ditchdiggers, Inc claim and without any obligation to pay rent to the party accepting this pi-oposal, their agents, or property owners or any other place or places where any collateral is located and lcept, and remove the improvements made or equip~nent installed there from to the premises of SPECIALIZING IN: ~ . _~,,•,r,~~.r,~_.. 1~,.f~ ~ ~r~;i;,:.~ , - / , _ l , . „ . . , ~r ~ the party accepting this proposal, their agents, or property owners for such time as the party accepting this proposal, their agents, or property owners may desire, in order to effectively collect or liquidate the improvements made or equipment installed and/or require the party accepting this proposal, their agents, or property owners to assemble the improvements made or equipment installed and make it available to Ditchdiggers, Inc at a place to be designated by Ditchdiggers, Inc in iYs sole discretion. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specifted. Payment will be made as outlined above. Any sums due and unpaid shall bear interest at maximum allowed by law. Respectfully Submitted by: Accepted By: Scott Holmes Ditchdiggers Inc. Date SPECtdLIZlIN~G Itt: ~ - r ~ , _ ;i~l, , ~ y}-, : 4 Y { , ~e ~ ~ n y ( 2~ , . 'S ti 1~ •Y~~, 4 r.ti• ~ ~ l tir~ ~ 5y~•' ~ ~ TS,. ~ r _ 2~'I ~ L ~ 7 ft 4!~ . ~y ~ 4 M' t r~~ ~ ~ ; . ; - f r" t t`Ki y Y:~ ~'~r~.,~+ ~ ~ r, ~ _ f ' ~ . ~.M ` ~ i { ~~R ~ . t _ '~t •'.'J S ~ ts..~`• ~ ~ S' 1 , ~ 1~ ~ ~ 4 ~ ~ ~ ~ ~ ' ,y.' $ ` ~ ~ r'~ ~ ~ ` ~ 3iy,, . - ~E ~ ,tp~'t., , , • f~ - . ~ ~ a.',;' ' ~ , . . LJ1 , ~j ~k ~ ; ¢ _ !j4 , ''i ~ • ~ ~ s a ~ ~~s. ~ ~ f ~ ~f ~ ~ p:.at" ` P ~ ~ . + ~~t• iA,'~~~~"a n t ~ ~ ,,i. r~. '::~'Sa~6 ~ ~ s .o _ ~ ~ k 4. ,~o~~ t~c : ~ ~ ~ i , ~ ± ~i~- ~ y ~ ~r.~~,~t,~; p~ _ - , ~ ~ . . ~t. , .V,~ I~ ° : j Ry_~ ~ ! - ~ w~ , , . ~ .~u ;0~ ' ~ , f~"~ . ,,r„~-- ~ Y ,d~,I ~ : : ? . . ~~.14 ~ _ `v~ ''j 1 I.i~_~..~:.• ~ . ~ ~ ` ~ ~ ~ 'r+~?Ir~~ ~ f . ~~~~1++ ~p ~ ; . ~'..,,,~vA! "'"Y~'~`,~-.. b'~'-~ k 4 :t~ V Y , - ~ ' ~ 1.~ ~ f " _ ~ i ~'~'ldaE l MJ , ~ 'r" _ ~ ' y'~ `y ~ . ~~r ^ 11~c ~.`.'C-'~ ~ t ! t. ~y~'~ F a' ^ q~ ~`4 4 ` ! ? v~ ~ ' ~ +~i! ' ~ ~ ~ f '~e ? r~" t r ~ i . e r'~" ~c f ~ ~ ~ y~ ~ ~ S -•r~,'~!"~ /~°r'• • _1.~:,~7M'~F ' ~'r:.s .•~6: i E ,_1-. h ~it ~'!~i~ri~ j i3 s~ i~ ~ . ' 0 ''jr' d . ` ` A7~tt~~ ~''w ~ , , ,r,, Jf Y r o r~ - - ~ ~ . ' w. r~ ~ . ~ ~ t : r ' _ . , +~u ~ y` 2,• ~ . -.'i~ • r"'{~e,~, ~ .ri~v~,~ t.°~ ~ ~~~c~iP~!',~ iL ~ G .,k • ~ ~ 1 T' r~ 4} ~ Fi A 1~ ~u I~r r ~ 72 + M b i ~ ' ~y.* r ","4 ~'y!~ a ~ ~r y 'T,a r ~ _ + , i i . ~ ~ ~ ~ ~y ~ , ~ , ~ ~ ,~,,~~q. ; ~ ~ " ~ ~ ,i ~.`I '~i'9r r ~ ~w.. Ia t~s~~~ 7iti~' ~ ~ i ''l ~a,,,~ r :c~,,;' `.9 ~ ~ i f~ i i~ ~'~i * y~~ ' ~ J ' ; ~ ` . . ~ ~ ~ , , . c. , ~ . ~ ~ s ~a,'~.-,~P. +~.i~:i.~:.z~~.~'' . . ~ ,~y. . ~'Y~ rly~ _;:l,{3~..~"~'ji ~ ~''~I.!+~~ _~y3 : y~,N ' i1i U C ~ L ~ ~ ~ ~ ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ Q U 'p ~ (0 ~ O N U C ~ ~ O ~ ~ U H c ~ ~ ITEM NO. VI-J-2 ~ ~ _ DATE: March 24. 2009 • AGENDA REQUEST . ~ REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ~1~~- -C~ L u rie Case Utility Director SUBJECT: Staff requests permission to advertise and provide notice to customers for a Public Hearing to consider proposed Utility Rate Tariffs for the St. Lucie County Water & Sewer District. The Public Hearing would be at the regular meeting of the Board on April 7, 2009. (Night Meeting) FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners approved previous rate structure for District. RECOMMENDATION: Staff recommends that the Board grant permission to advertise and provide notice to customers for a Public Hearing on April 7, 2009 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. COMMISSION ACTION: CONCURRENCE: $~APPROVED O DENIED ` O OTHER: Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals ~ County Attorney: ~ ? Mana ement and Bud et: ? Purchasin : 9 9 9 d G S~/ I ~ Originating Dept: ' ? parks & Rec: ? Other: ? Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St Lucie County Community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ~~Y J= = UTILITY DEPARTMENT • ~ ~ ' ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Utility Director DATE: March 24, 2009 RE: Permission to Advertise for a Public Hearing BACKGROUND: Staff is requesting permission to advertise and send notice to customers for a public hearing for the purpose of amending certain rates, fees and charges, the proposed Utility Rate Tariffs, for the St. Lucie County Water & Sewer District in St. Lucie County. Once the permission to advertise and provide notice to customers is granted, a notice will be mailed to all existing St. Lucie County Water & Sewer District customers and advertised in a local newspaper at least 10 days prior to the public hearing. The proposed Rate Tariffs will also be made available to the Board and the public. This public hearing will not affect the rates for St. Lucie County South Hutchinson Island District Wastewater customers. RECOMMENDATION: Staff recommends that the Board grant permission to advertise and provide notice to customers for a Public Hearing on April 7, 2009 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. ~ ITEM NO. VI-J-3 DATE: March 24. 2009 • AGENDA REQUEST . ~ REGULAR: ( ) PUBUC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ~C. C'~~~ Laurie Case Utility Director SUBJECT: Staff requests approval of the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners approved Contract #C07-03-174 between Severn Trent Environmental Services, Inc. and St. Lucie County in March 2007 and approved Amendment 1 in August 2008. RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. COMMISSION ACTION: CONCURRENCE: ~APPROVED O DENIED ~ 9 O OTHER: Faye W. Outlaw, MPA qpproved 5-0 County Administrator Review and Approvals Cil County Attorney: ? Management and Budget: ? purchasing: n?~21-~ im`~s.,~vy~ ~.J ~'Originating Dept: ? Other: ? Other: ? Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ~ ~ ~=~~~TM~~~~ UTILITY DEPARTMENT ~ ~ ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Utility Director ~ DATE: March 24, 2009 RE: Severn Trent Staff Environmental Services, Inc. Contract Amendment BACKGROUND: Severn Trent has been providing services to the County and now wishes to amend its operations contract with the County to implement a cost reduction for operations and maintenance. This second amendment proposed a fee reduction of $103,000.00 reducing the annual base rate from $1,350,634.17 to $1,247,634.17. It also reduces the costs associated with extraordinary costs and operator overtime labor rates. RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. . ~ SECOND AMENDMENT TO THE OPERATION AND MAINTENANCE AGREEMENT FOR WATER WASTEWATER AND RECLAIMED WATER BETWEEN SEVEN TRENT ENVIRONMENTAL SERVICES,INC., AND ' ST LUCIE COUNTY FLORIDA THIS FIRST AMENDMENT is made this day of 2009 by and between St Lucie County Florida, a political subdivision of the State of Florida (the "County") and Severn Trent Environmental Services, Inc. ("Operator"). WITNESSETH: WHEREAS, on March 23, 2007, the parties entered into an Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "Original Agreement"), whereby the Operator agreed to operate maintain and manage the County s Facilities; and WHEREAS, on August l, 2008, the parties entered into the First Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "First AmendmenY') (the Original Agreement as amended by the First Amendment shall hereafter be referred to collectively as the "Agreement"); and WHEREAS, the parties desire to enter into a second amendment to the Agreement (the "Second Amendment"). NOW THEREFORE in consideration of the mutual promises and covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties hereto agree to amend the Agreement as follows: 1. All capitalized terms contained in this Second Amendment and not specifically defined herein shall have the meaning provided to such terms in the Agreement. 2. The parties agree that the Base Compensation pursuant to Paragraph 8.1(a) shall be set at One Million Two Hundred Forty Seven Thousand Six Hundred Thirty Four Dollars and seventeen cents ($1,247,634.17) commencing with the monthly installment due on April l, 2009. The Base Compensation shall adjust pursuant to subparagraphs 8.1 (b) and (c) commencing on April 1, 2010. 3. The parties agree that the administrative fee on Extraordinary Costs shall be reduced from seven percent (7%) on the first Three Hundred Thousand Dollars ($300,000) of Extraordinary Cost to three and one-half percent (3.5%). The parties further agree that the Operator overtime labor rates shall be reduced fifteen percent (15%) from the overtime labor rates in affect on the date of execution of this Second Amendment. ; . 4. This Second Amendment shall be effective on April 1, 2009. 5. Except as expressly amended herein all of the remaining terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Second Amendment effective as of the date first set forth above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SEVERN TRENT ENVIRONMENTAL SERVICES, INC. By: Title: , - - - - ~ QOARD OF COUNTY • UTILITIESi COMMISSIONERS e ~ ~ ~ - ~ DEPARTMENT' March 9, 2009 Robert Dick Senior Area Manager Severn Trent Services 5726 Corporation Circle Fort Myers, FL 34231 Re: Operations and Maintenance Cost Reduction Dear Mr. Dick: Thank you for your letter dated February 5, 2009 regarding the above referenced reductions. We have received the permit to reduce staffing of the North Hutchinson Island Wastewater Plant and plan to take the contract amendment to the Board of County Commission meeting March 24, 2009. These changes will be effective April l, 2009. : If you have any questions please call me at (772) 462-1175. Sincerely, Laurie Case Utility Director cc: Rich Gardner, Regional General Manager, STES Pat Walsh, Severn Trent J. Wayne Davis, SLCU Project Manager Ray Murankus, SLCU Project Manager CHRIS DZADOVSKY, Disrricr No. 1• DOUG COWARD, Disrricr No. 2• PAULA A. LEWIS. Disrricr No. CH,4RLES GRANDE, Disrricr No. 4• CHRIS CRAFT. Disrricr No. 5 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (772) 452-1 150 • FAX (772) 462-1153 ,,,~h . D ~ ' ~ FEB ~ ~ 7_rG9 _J _ February 5, 2009 Via Electronic Mail Ms. Laurie Case Utility Director St. Lucie County Utilities 2300 Virginia Avenue Ft. Pierce, FL 34982 Subject: Operations and Maintenance Cost Reduction Dear Ms. Case: Sevem Trent appreciates the continued opportunity to provide utility services to St. Lucie County and its customers. As your service provider we are committed to working with you to provide the highest level of service at the most affordable cost. We understand your current financial situation and will work with you to reach your objective. As requested, we have evaluated the cuRent 0&M contract and, with the County's assistance, we are confident we can reduce the cost of service while maintaining a level of service that will minimize inconveniences to your custome~s. With the recent Department of Environmental Protection (DEP) approved reduction in the staffing requirement at the North Hutchinson Island wastewater treatment plant, we have determined that we can reduce plant staffing by 1.25 full time equivalent (FTE's) employees. By reorganizing field service and meter reading we propose to eliminate a field service person for a total staff reduction of 2.25 FTE's. In total, staffing would be reduced by 2.25 FTE's with an annual cost reduction to the County of $103,000. Of the $103,000 reduction, the North Hutchinson Island base fee would be reduced by $58,000 and the North County base fee would be reduced by $45,000. To further reduce our costs we evaluated the mark up on Extraordinary Costs and our overtime labor rates. Although the profit associated with these fees is necessary to cover our overhead and liability associated with these projects, Sevem Trent would consider reducing the 7.0% mark-up on the first $330,000 of Extraordinary Cost to 3.5%, and reduce overtime labor rates by 15%. That would potentially provide additional annual savings to the County of an additional $11,500 in mark-up and $4,500 in labor rates. ; ''~a, ~j> C~~~~-~ . ~ v Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 34231 • Tel 239-694-3310 • Fax 239-694-5357 ~ www.severntrentse?vices.com ~ ~ ; Ms. Laurie Case February 5, 2009 Page 2 of 2 : I trust that this offer to reduce our fee demonstrates Sevem Tr~nYs commitment to St. Lucie County and the partnership we have formed. We look forward to further discussion with you regarciing this matter and ar+e available should you have any questions. Sincerely, ~ ~ Robert Dick Senior Area Manager copy: Charles Massey, Regional General Manager, STES Pat Walsh, Project Manager, STES Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 34231 • Tel 239-694-3310 • Fax 239-694-5357 www. severntrentseroices. com ~ { ~ Agenda Request Item Number _ ~ ~ _ ; Meeting Date: 3124/09 ~ Consent [ ] ~ Regular [ X ] • ~ Public Hearing [ ] Leg. [ ] Quasi-JD [ ] To: Board of County Commissioners ~se t d By Submitted By: Growth Management Department ~ , Mark Satterlee, ICP Growth Management Director SUBJECT: Petition of Dennis Murphy, Culpepper & Terpening Inc., for a 12 Month Extension of The Meridian of North Hutchinson Island Major Site Plan project for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (File No. BCC 720081502). BACKGROUND: On March 10, 2009, this item was continued at the request of the applicant. On July 1, 2008, St. Lucie County received a request on behalf of the Greenwood Development Corporation of Florida, Inc. for a 12 month extension of the subject site plan (Attachment A). The request for the extension states that they are in the process of obtaining all other agency permits required to commence construction. If a site plan extension is not granted, a new application wilf be required for development of the project. The approved site plan provides for the development of a 104 unit residential condominium on an 11.88-acre site along the Atlantic Ocean on North Hutchinson Island. Staff has verified that the lands are not in foreclosure, the owner is not in bankruptcy, nor are there any building permits or code enforcement issues related to the applicant or the project lands. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On February 20, 2007, this Board, through Resolution No. 07-012, granted major site plan approval to the project known as The Meridian at North Hutchinson Island. RECOMMENDATION: Staff recommends adoption of Draft Resolution No. 09-021 granting the requested 12 month extension The Meridian of North Hutchinson Island Major Site Plan. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ~ DENIED ~ OTHER VIII - Pulled prior to _ _ _ _ ~ , meeting. Faye W. Outlaw, MPA County Administrator ~ Coordination/ Signatures , County Attorney E.R.D.: County Surveyor: Daniel S. Mclntyre yVc~~~~ ~ Amy Mott Ron Harris r County Enqineer. Other: Other: Michael Powley Form No. 07-07 ' ~ GROWTH MANAGEMENT DEPARTMENT • PLANNING • • MEMORANDUM TO: Board of County Commissioners FROM: Mark Satteri , c rowth a gement Kristin Tetsworth, Planning Manag FROM: Diana Waite, Senior Planner " DATE: March 13, 2009 SUBJECT: Petition of Dennis Murphy, Culpepper & Terpening Inc. for a 12-Month Extension of the approved Major Site Plan project known as The Meridian at North Hutchinson Island for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (File No. BCC 720081502). The March 20, 2009, public hearing on this item was continued to March 24, 2009 at the request of the applicant. The applicant has objected to the timing of the dedication of the conservation easement required in the draft resolution. Since that hearing, no new information has been provided for inclusion in your agenda packet. On February 20, 2007, the Board of County Commissioners adopted Resolution No. 07-012 (Attachment A) granting major site plan approval to a project known as The Meridian at North Hutchinson Island (The Meridian). The Resolution provided a two year period to obtain building permits, which expired on February 20, 2009. The Meridian at North Hutchinson Island site plan consists of 104 residential condominium units on an 11.88 parcel located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (Attachment B). If a site plan extension is not granted, a new application will be required for development of the project. Prior to the expiration of the site plan the applicant submitted the required written request for a site plan extension that states they may not be in a position to commence actual construction within the required timeframe because of the time consumptive process of obtaining other agency permit reviews (Attachment C). The project is located on the Atlantic Ocean where State and Federal agency reviews are required. As part of staff's review, a revised Traffic Impact Statement was provided that reported all affected roadways are still operating at an acceptable level of service, staff concurs with that conclusion. Staff has also verified that the lands are not in foreclosure, the owner is not in bankruptcy, nor are there any building permits or code enforcement issues related to the applicant or the project lands. The previously-approved site plans limit all development to areas landward of the current (1988) Coastal Construction Control Line (CCCL), preserving and restoring coastal habitats seaward of the development area. The County's Environmental Resources Department has requested the March 13, 2009 Subject: The Meridian of North at Hutchinson Island Page 2 File No. BCC 220081502 addition of two new conditions of approval and one revised condition of approval as shown below. The remaining conditions of approval within Resolution No. 07-012 shall remain in full force and effect. Conditions of Approval: 1. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to SLC, for the cost of all required landscaping, irrigation, tree mitigation (including on-site tree relocation), and related improvements as shown in the landscape plan and dune preservation planting plans. 2. The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including, but not limited to the SFWMD ERP. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. Revised Condition of Approval: Condition #7 of Resolution No. 07-012 shall be deleted and replaced with the following condition: Preservation and restoration areas on-site shall be covered by a conservation easement, per St. Lucie County Comprehensive Plan Policy 8.1.12.8. Within 90 days of site plan extension approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the ERD-approved Preserve Area Monitoring and Management Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. The PAMP shall incorporate revisions required per Conditions #4, 5, 6, and 16 of Resolution #07-012. Conclusion/Recommendations The Development Review Committee has reviewed the subject site plan extension and determined compliance with Section 11.02.06(B)(2) of the St. Lucie County Land Development Code. With the recommended conditions, the Committee has no objections to the approval of the proposed site plan extension. The Board of County Commissioners may extend the site plan, for periods of up to twelve (12) months, from the date of expiration. This request is the first of two potential requests for an extension of the project's site plan approval, which was originally granted on February 20, 2007. Staff recommends approval of Resolution No. 09-021, with the conditions therein, granting the requested 12 month extension to The Meridian at North Hutchinson Island Major Site Plan. Environmental Resources ~ = J = , Department • . Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: March 12, 2009 RE: Meridian Major Site Plan Extension DEPARTMENT COORDINATION GM requested ERD input on the proposed Site Plan Extension. ERD has coordinated with the applicant and GM during the review process. ERDINPUT New and revised ERD conditions of approval have been included in the attached staff report and resolution. ERD RECOMMENDATION With the inclusion of the conditions of approval as proposed by staff, ERD has no objection to GM approval of the Site Plan extension. v ~ Si ture ~ RESOLUTION NO. 09-021 2 FILE NO.: BCC 720081502 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. s LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF 7 THE MAJOR SITE PLAN PROJECT KNOWN AS THE MERIDIAN OF s NORTH HUTCHINSON ISLAND 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 11 based on the testimony and evidence, including but not limited to the staff report, has 12 made the following determinations: 13 14 1. On February 20, 2007, through Resolution No. 07-012, the Board granted Major ~5 Site Plan approval to the project known as The Meridian of North Hutchinson 16 Island. The project consists of 104 residential condominium units located on the 17 northeast corner of the intersection of North A-1-A and Shorewinds Drive. 18 19 2. The developer has requested that the major site plan granted through Resolution 20 No. 06-007 be extended for a period of 12 additional months from its date of 21 scheduled expiration, February 20, 2009, with the new date of expiration being 22 February 20, 2010. 23 24 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 25 Lucie County, Florida: 26 27 A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development 28 Code, the Major Site Plan, approved through Resolution 07-012 is hereby granted 29 an extension for a period of 12 additional months from its date of scheduled 30 expiration, February 20, 2009, for the property described in Part B below, with the 31 following condition: 32 33 1. All previous conditions of approval applicable to the subiect propertv as 34 contained in Resolution No. 07-012 have been consolidated as contained 35 herein. The propertv owner shall comply with all previous conditions of 36 approval and deadlines previouslv established bv Chapter 11 of the St Lucie 37 Land Development Code and the Board of Countv Commissioners unless 38 expresslv modified herein. 39 40 2. Condition A-1 of Resolution No. 07-012 remains. March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 1 of 9 1 2 Prior to the issuance of any buildings permits for the proposed Meridian at 3 North Hutchinson Island, the developer, his successors or assigns, has agreed 4 to pay, and the County has agreed to accept, $100,000.00 in lieu of any Road 5 Impact Fees and the Alternate Development Fee, such funds to be used by 6 the County for improvements on North Hutchinson Island. The developer, his 7 successors or assigns, shall not be responsible for any additional Road Impact 8 Fee payments to St. Lucie County. All 104 units witl be subject to all other 9 required impact fees and any other fee or assessment that St. Lucie County 10 may lawfully assess. 11 12 3. Condition A-2 of Resolution No. 07-012 remains. 13 14 No construction Development Permits shall be issued by the County until 15 complete sets of sealed constructible final engineering plans, supporting 16 calculations and survey data for all site work and offsite improvements are 17 submitted to the County and approved by the Public Works Department, 18 Utilities Department, Environmental Resources Department, Growth 19 Management Department, St. Lucie County Fire District, and any other agency 20 or County Department that may be determined by the Director of Growth 21 Management to be necessarily involved in the review and approval of the 22 constructible final engineering plans for the site work and offsite 23 improvements. The determination of whether or not plans submitted by the 24 applicant constitute a complete set of constructible plans shall be made by the 25 departments involved in the plan review within five business days of the date 26 the plans are received in the Department of Growth Management. 27 28 4. Condition A-3 of Resolution No. 07-012 remains. 29 30 Prior to approval of a Notice of Vegetation Removal, ERD must be provided 31 with the final Beach and Dune Restoration Plan and documentation showing 32 that FDEP has approved of the plan. 33 34 5. Condition A-4 of Resolution No. 07-012 remains. 35 36 Prior to approval of a Notice of Vegetation Removal, the applicant shall provide 37 final copies of the Preserve Area Monitoring and Management Plan (PAMP), 38 Sea Turtle Protection Plan (STPP), site plan, and landscape plan, showing the 39 final alignment of the proposed dune walkover. It is important that these 40 documents show the correct, final alignment, so that contractors and future March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 2 of 9 1 residents are aware of what exactly has been permitted to be constructed on 2 the dune and through the dune scrub habitat. 3 4 6. Condition A-5 of Resolution No. 07-012 remains. 5 6 Prior to approval of a Notice of Vegetation Removal, a revised Preserve Area 7 Monitoring and Management Plan (PAMP) shall be provided to SLC. The 8 revised PAMP shall include typical drawings of the dune crossovers, including 9 a cross-sectional view of the structure in relation to the dune elevation and 10 vegetation. SLC and FDEP must approve of the proposed crossovers priorto 11 Vegetation Removal Permit issuance. 12 13 7. Condition A-6 of Resolution No. 07-012 remains. 14 15 Prior to approval of a Notice of Vegetation Removal, the developers, their 16 successor or assigns, shall submit to SLC a revised PAMP, including the 17 following revisions: 18 a. On page 2, the revised PAMP still refers to Figure 4 for a map of the 19 site's proposed preserve areas; figure 4 shows the site plan and 20 does not delineate the site's preserve areas. Please correct the 21 PAMP such that it refers to the final, correct maps of the site's 22 preserve areas. 23 b. The dune crosswalks shown in the Landscape Plan and Lighting 24 Plans still differ from those shown on the PAMP, Sea Turtle 25 Protection Plan, and Site Plan. Please make these plans 26 consistent, as we've been requesting since our original comments 27 were submitted in April 2006. 28 c. Additionally, the PAMP has now been revised such that portions of 29 the Dune Preservation Zone previously shown as being protected by 30 silt fences during construction would now be unprotected. It 31 appears from the Landscape Plans that the applicant does still 32 intend to enhance areas of existing vegetation and to re-plant un- 33 vegetated areas within the Dune Preservation Zone. Therefore, the 34 PAMP should just be corrected such that the entirety of the Dune 35 Preservation Zone is shown as being protected by silt barriers. 36 37 8. Condition A-7 of Resolution No. 07-012 shall be deleted and replaced as 38 follows. . 39 40 , , 41 , March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 3 of 9 n on4 rl~ri im 4 rlorJin~++or! in fr+~inr ~f CI nr~~io ~ho c~i4~'~ I'li ~no ~ ~a~~crrc-vwvn~~r~rcvrc~Ctc ~ vvrcr~~~ crrc-oTa..~vanc oc~ ~i~n A r,~,., mir~im~ ~w+ ~he rlnn~ ~m 4c~ ah~ll ~ ~ i o• nerl rlr~fF 2 ~~..s~CanvrmrCQ-~rtl " , ~r~~ri~v~~1 \r~i~-rcc+-vrcrri 3 , , 4 • 5 6 . 7 Preservation and restoration areas on-site shall be covered bv a conservation 8 easement, per St. Lucie County Comprehensive Plan Policv 8.1.12.8. Within 9 90 days of site plan extension approval or prior to issuance of a Veqetation 10 Removal Permit or Exemption, whichever comes first, the aqplicant shall 11 provide the reauired executed SLC (or SFWMD) conservation easement and 12 the ERD-approved Preserve Area Monitorinq and Manaqement Plan (PAMP) 13 with an attached affidavit, and a cashier's check, pavable to the Clerk of the 14 Court for the appropriate recordinq fees, to the Countv Attornev for review and 15 approval. The PAMP shall incorporate revisions required qer Conditions #4, 5, 16 6. and 16 of Resolution No. 07-012. 17 18 9. Condition A-8 of Resolution No. 07-012 remains. 19 20 Prior to approval of a Notice of Vegetation Removal, the developers, their 21 successor or assigns, shall submit to SLC a copy of the Homeowners 22 Association Guidelines. The guidelines, at a minimum, should specify 23 restrictions on any encroachment into the Dune Preserve Area as well as 24 restrictions on vegetation removal outside the building pad areas. The 25 documents should specifically identify all responsible parties associated with 26 the long-term maintenance of the common open space areas, including the 27 Dune Preservation Area. At a minimum the documents shall include: 28 a. Language which notifies prospective property owners that the 29 association property includes preservation areas which are 30 protected under conservation easements; and 31 b. Language which informs the prospective property owners that the 32 preservation areas may not be altered from their natural/ permitted 33 condition with the exception of: exotic vegetation removal, or 34 restoration in accordance with the restoration plan that shall be 35 referenced in the conservation easement. 36 37 10. Condition A-9 of Resolution No. 07-012 remains. 38 39 Prior to approval of a Notice of Vegetation Removal, the developers, their 40 successor or assigns, shall conduct a pre-clearing meeting with the applicant's March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 4 of 9 1 environmental consultant, the land clearing contractors, and Environmental 2 Resources Department (ERD) staff to discuss listed species and habitat 3 protection guidelines during construction. ERD shall also be contacted for a 4 site inspection to be certain that the silt fencing is at least 25 feet west of all 5 gopher tortoise burrows. 6 7 11. Condition A-10 of Resolution No. 07-012 remains. 8 9 Prior to approval of a Notice of Vegetation Removal, the developers, their 10 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 11 Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting 12 shall be of a type that is not disruptive to sea turtles and not directly visible 13 from the beach. Lighting shown in the STPP shall include not only exterior 14 lighting, but also any proposed balcony or stairway lighting. 15 16 12. Condition A-11 of Resolution No. 07-012 remains. 17 18 Prior to approval of a Notice of Vegetation Removal, the developers, their 19 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 20 Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting 21 shall be of a type that is not disruptive to sea turtles and not directly visible 22 from the beach. Specifically, the Lighting Plan shall be revised such that the 23 wall-mounted incandescent luminaries currently proposed shall be moved on 24 the plans to locations where they would not be directly visible from the beach. 25 Instead of incandescent bulbs, these fixtures should use small 10 and 18-watt 26 low pressure sodium fixtures. 27 28 13. Condition A-12 of Resolution No. 07-012 remains. 29 30 Prior to approval of a Notice of Vegetation Removal, the developers, their 31 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 32 Plan (STPP), including a specific schedule of the proposed development 33 periods. Please be sure the schedule concentrates construction to the 34 greatest extent possible to the non-nesting/hatching season (Nov. 16 thru Feb. 35 29). Coastal development occurring during any portion of the nesting season 36 (March 1 thru Nov. 15) shall be conducted during daylight hours only. 37 38 14. Condition A-13 of Resolution No. 07-012 remains. 39 40 Prior to approval of a Notice of Vegetation Removal, the developers, their 41 successor or assigns, shall provide ERD with a revised Sea Turtle Protection March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 5 of 9 1 Plan (STPP), wherein the proposed dune crosswalks are shown consistent 2 with the approved site plans. 3 4 15. Condition A-14 of Resolution No. 07-012 remains. 5 6 Prior to approval of a Notice of Vegetation Removal, the developers, their 7 successor or assigns, shall provide ERD with a copy of the Homeowners 8 Association documents. The STPP requirements shall be incorporated into the 9 Association's "Declaration of Covenants, Conditions, and Restrictions". 10 11 16. Condition A-15 of Resolution No. 07-012 remains. 12 13 Prior to approval of a Notice of Vegetation Removal, the developers, their 14 successor or assigns, shall provide ERD with a revised STPP, including a plan 15 view depicting all structures proposed for construction and a schedule of the 16 proposed development periods. 17 18 17. Condition A-16 of Resolution No. 07-012 remains. 19 20 Prior to approval of a Notice of Vegetation Removal, the developers, their 21 successor or assigns, shall provide ERD with a revised PAMP, including the 22 following revisions to the proposed Sea Turtle Information signs: 23 a. Signs should provide contact numbers forthe St. Lucie County ERD 24 (772-462-2526) and Florida Fish and Wildlife Conservation 25 Commission (561-575-5408), instead of the Environmental 26 Consultant's contact information. 27 b. Signs should give the correct dates for sea turtle nesting/hatching 28 season, which are March 1 through November 15, per St. Lucie 29 County code. 30 31 18. Condition A-17 of Resolution No. 07-012 remains. 32 33 Prior to the issuance of a Certificate of Occupancy, the developers, successor 34 or assigns shall demonstrate that damages to Shorewinds Drive have been 35 repaired to County standards and overlayed. 36 37 19. Condition A-18 of Resolution No. 07-012 remains. 38 39 The hours of operation for construction activities shall be limited to the time 40 period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1:00 41 P.M. Saturday and no work on Sundays. No construction shall take place on March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 6 of 9 1 Federal Holidays. The hours of operation restrictions do not apply to sales 2 activities. In the event the County adopts uniform hours of operation for 3 construction activities that apply county wide, then such hours of operation shall 4 supersede the hours of operation set forth herein. 5 6 20. Prior to issuance of a Veqetation Removal Permit or Exemption, the applicant 7 shall execute an improvement aareement, acceptable to SLC, for the cost of 8 all required landscapinq, irriqation, tree mitiqation (including on-site tree 9 relocation), and related improvements as shown in the landscape plan and 10 dune qreservation plantinq plans. 11 12 21. The apqlicant will comply with any state and federal agencv requlations and 13 reauirements. Prior to issuance of a Veqetation Removal Permit or 14 Exemption, the applicant shall have obtained and provided ERD with copies of 15 anv reauired federal and state permits, includinq, but not limited to the 16 SFWMD ERP. If federal or state aqencv compliance requires modification to 17 the development plans, the applicant will promptlv modifv the plans and submit 18 to SLC for review and approval as required bv the LDC. The applicant will not 19 use the County's development aqproval to prevent compliance with any federal 20 or state aqency requirements. 21 22 B. The property on which this Major Site Plan extension is being granted is described 23 as follows: 24 25 CORAL COVE BEACH-SECTION ONE- TRACTS C, D, E AND F AND THAT 26 PART OF TRACT G LYG S OF LI TO AND 500 FT N OF S LI OF S/D (10.15 27 AC) (OR 2282-2858; 2282-2861)) Property Tax I.D. # 1425-701-0206-000-4 28 29 (Location: Northeast corner of the intersection of North A-1-A and Shorewinds 30 Drive) 31 32 C. This Site Plan extension shall expire on February 20, 2010, unless a building 33 permit is obtained or an extension has been granted in accordance with Section 34 11.02.06, St. Lucie County Land Development Code. 35 36 D. The Certificate of Capacity granted by the Growth Management Director shall 37 remain valid for the period of this development order. If this order expires or 38 otherwise terminates, the Certificate of Capacity shall automatically terminate. 39 40 E. The St. Lucie County Growth Management Director is hereby authorized and 41 directed to cause the notation of this resolution to be made on the Official Zoning March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 7 of 9 1 Map of St. Lucie County, Florida, and to make notation of reference to the date of 2 adoption of this resolution. 3 4 F. The conditions set forth in Part A are an integral non-severable part of the site 5 plan approval a granted by this Resolution. If any condition set forth in this 6 resolution is determined to be invalid or unenforceable for any reason and the 7 developer declines to comply voluntarily with that condition, the site plan approval 8 granted by this resolution shall become null and void. 9 10 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth 11 Management Director. 12 13 After motion and second, the vote was as follows: 14 15 Chair Paula A. Lewis ~;XX 16 Vice Chair Charles Grande XXX 17 Commissioner poug Coward XXX 18 Commissioner Chris Dzadovsky X;XX 19 Commissioner Chris Craft ~;XX 20 PASSED AND DULY ADOPTED this 24th Day of March, 2009. 21 22 BOARD OF COUNTY COMMISSIONERS 23 ST. LUCIE COUNTY, FLORIDA 24 25 26 27 BY 28 Chairman 29 30 31 ATTEST APPROVED AS TO FORM 32 AND CORRECTNESS 33 34 35 36 Deputy Clerk County Attorney March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 8 of 9 EXHIBIT A BCC-720081502 zoning Meridian at North Hutchinson Island HIRD PMUD f O~ r ~ ~ a ~ A MARINA DR n ~ n~ 0~~ HIRD BERMUDA BEACH DR w < ~ Q ~ > a ~ 3 o ~ BIMINI DR s ¢ R = N p SNOREWINDS DR . Z -x m _ _ U ' ~ w - 1 ~ V ~ ~ HI D ~ ~ = ~ ~ Z ` - 5 Q R ` H~RD " , _ ~z =a . - ~ ~ MOORINGS LN . RS-4 ~ ~ Z _ • _ p . _ m ~ - y2 - P 9~ 9 _ ~ Y '~91- Pp . - ~P o.p CG - Commernal General N Legend ~N-~omma~pa~Na~9h~~~d CPUB - Conservation Public y,^~F~ f--- HIRD - Huuhinson Island Residential District '""~'~""`D~""`"` ~ Subject property RS~4 - Residen4al Single Family (4 dulac) Map prepared August t3, 2008 March 24, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 9 of 9 Agenda Request Item Number _ _ Meeting Date: 3/10/09 _ _ , . ~ Consent [ ] ~ Regular X ] ~ ~ ~ Public Hearing [ ] Leg. [ ] Quasi-JD [ ] To: Board of County Commissioners Pres d B ~ Submitted By: Growth Management Department Ci~ ~ a k S terlee, AICP Growth Management Director SUBJECT: Petition of Dennis Murphy, Culpepper & Terpening Inc., for a 12 Month Extension of The Meridian of North Hutchinson island Major Site Plan project for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (File No. BCC 720081502). BACKGROUND: On July 1, 2008, St. Lucie County received a request on behalf of the Greenwood Development Corporation of Florida, Inc. for a 12 month extension of the subject site plan (Attachment A). The request for the extension states that they are in the process of obtaining all other agency permits required to commence construction. If a site plan extension is not granted, a new application will be required for development of the project. The approved site plan provides for the development of a 104 unit residential condominium on an 11.88-acre site along the Atlantic Ocean on North Hutchinson Island. Staff has verified that the lands are not in foreclosure, the owner is not in bankruptcy, nor are there any building permits or code enforcement issues related to the applicant or the project lands. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On February 20, 2007, this Board, through Resolution No. 07-012, granted major site plan approval to the project known as The Meridian at North Hutchinson Island. RECOMMENDATION: Staff recommends adoption of Draft Resolution No. 09-021 granting the requested 12 month extension The Meridian of North Hutchinson Island Major Site Plan. COMMISSION ACTION: CONCURRENCE: ~ APPROVED DENIED ~ OTHER Faye W. Outlaw, MPA County Administrator Coordination/ SigYatures County Attorney '7 ~ h E.R.D.: ~ County Surveyor: ~f~..~~ i ~-Daniel S. Mclntyre I~t~t! ~olAmy Mott Ron Harris County Enqineer: Other: Other: Michael Powley Form No. 07-07 I GROWTH MANAGEMENT DEPARTMENT PLANNING s ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Mark Sat I, ir ~r Growth M nagement Kristin Tetsworth, Plar~ning Manag r FROM: Diana Waite, Senior Pianner DATE: February 27, 2009 SUBJECT: Petition of Dennis Murphy, Culpepper & Terpening Inc. for a 12-Month Extension of the approved Major Site Plan project known as The Meridian at North Hutchinson Island for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (File No. BCC 720081502). On February 20, 2007, the Board of County Commissioners adopted Resolution No. 07-012 (Attachment A) granting major site plan approval to a project known as The Meridian at North Hutchinson Island (The Meridian). The Resolution provided a two year period to obtain building permits, which expired on February 20, 2009. The Meridian at North Hutchinson Island site plan consists of 104 residential condominium units on an 11.88 parcel located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive (Attachment B). If a site ptan extension is not granted, a new application will be required for development of the project. Prior to the expiration of the site plan the applicant submitted the required written request for a site plan extension that states they may not be in a position to commence actual construction within the required timeframe because of the time consumptive process of obtaining other agency permit reviews (Attachment C). The project is located on the Atlantic Ocean where State and Federal agency reviews are required. As part of staff's review, a revised Traffic Impact Statement was provided that reported all affected roadways are still operating at an acceptable level of service, staff concurs with that conclusion. Staff has also verified that the lands are not in foreclosure, the owner is not in bankruptcy, nor are there any building permits or code enforcement issues related to the applicant or the project lands. The previously-approved site plans limit all development to areas landward of the current (1988) Coastal Construction Control Line (CCCL), preserving and restoring coastal habitats seaward of the development area. The County's Environmental Resources Department has requested the addition of two new conditions of approval and one revised condition of approval as shown below. The remaining conditions of approval within Resolution No. 07-012 shall remain in full force and effect. February 27, 2009 Subject: The Meridian of North at Hutchinson Island Page 2 File No. BCC 220081502 Conditions of Approval: 1. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to SLC, for the cost of all required landscaping, irrigation, tree mitigation (including on-site tree relocation), and related improvements as shown in the landscape plan and dune preservation planting plans. 2. The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including, but not limited to the SFWMD ERP. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. Revised Condition of Approval: Condition #7 of Resolution No. 07-012 shall be deleted and replaced with the following condition: Preservation and restoration areas on-site shall be covered by a conservation easement, per St. Lucie County Comprehensive Plan Policy 8.1.12.8. Within 90 days of site plan extension approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the ERD-approved Preserve Area Monitoring and Management Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. The PAMP shall incorporate revisions required per Conditions #4, 5, 6, and 16 of Resolution #07-012. Conclusion/Recommendations The Development Review Committee has reviewed the subject site plan extension and determined compliance with Section 11.02.06(B)(2) of the St. Lucie County Land Development Code. With the recommended conditions, the Committee has no objections to the approval of the proposed site plan extension. The Board of County Commissioners may extend the site plan, for periods of up to twelve (12) months, from the date of expiration. This request is the first of two potential requests for an extension of the project's site plan approval, which was originally granted on February 20, 2007. Staff recommends approval of Resolution No. 09-021, with the conditions therein, granting the requested 12 month extension to The Meridian at North Hutchinson Island Major Site Plan. Environmental Resources ~ - ~ = Department i ~ ~ ~ ~ Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: February 26, 2009 RE: Meridian Major Site Plan Extension DEPARTMENT COORDINATION GM requested ERD input on the proposed Site Plan Extension. ERD has coordinated with the applicant and GM during the review process. ERDINPUT New and revised ERD conditions of approval have been included in the attached staff report and resolution. ERD RECOMMENDATION With the inclusion of the conditions of approval as proposed by staff, ERD has no objection to GM approval of the Site Plan extension. nature ~ RESOLUTION NO. 09-021 2 FILE NO.: BCC 720081502 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. s LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF ~ THE MAJOR SITE PLAN PRqJECT KNOWN AS THE MERIDIAN OF s NORTH HUTCHINSON ISLAND 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 11 based on the testimony and evidence, including but not limited to the staff report, has 12 made the following determinations: 13 14 1. On February 20, 2007, through Resolution No. 07-012, the Board granted Major 15 Site Plan approval to the project known as The Meridian of North Hutchinson 16 Island. The project consists of 104 residential condominium units located on the 17 northeast corner of the intersection of North A-1-A and Shorewinds Drive. 18 19 2. The developer has requested that the major site plan granted through Resolution 20 No. 06-007 be extended for a period of 12 additional months from its date of 21 scheduled expiration, February 20, 2009, with the new date of expiration being 22 February 20, 2010. 23 24 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 25 Lucie County, Florida: 26 27 A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development 28 Code, the Major Site Plan, approved through Resolution 07-012 is hereby granted 29 an extension for a period of 12 additional months from its date of scheduled 30 expiration, February 20, 2009, for the property described in Part B below, with the 3~ following condition: 32 33 1. All previous conditions of approval applicable to the subiect propertv as 34 contained in Resolution No. 07-012 have been consolidated as contained 35 herein. The propertv owner shall comply with all previous conditions of 36 approval and deadlines previouslv established bv Chapter 11 of the St. Lucie 37 Land Develoqment Code and the Board of Countv Commissioners unless 38 expresstv modified herein. 39 40 2. Condition A-1 of Resolution No. 07-012 remains. March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 1 of 9 1 2 Prior to the issuance of any buildings permits for the proposed Meridian at 3 North Hutchinson Island, the developer, his successors or assigns, has agreed 4 to pay, and the County has agreed to accept, $100,000.00 in lieu of any Road 5 Impact Fees and the Alternate Development Fee, such funds to be used by 6 the County for improvements on North Hutchinson Island. The developer, his 7 successors or assigns, shall not be responsible for any additional Road Impact 8 Fee payments to St. Lucie County. All 104 units will be subject to all other 9 required impact fees and any other fee or assessment that St. Lucie County 10 may lawfully assess. 11 12 3. Condition A-2 of Resolution No. 07-012 remains. 13 14 No construction Development Permits shall be issued by the County until 15 complete sets of sealed constructible final engineering plans, supporting 16 calculations and survey data for all site work and offsite improvements are 17 submitted to the County and approved by the Public Works Department, 18 Utilities Department, Environmental Resources Department, Growth 19 Management Department, St. Lucie County Fire District, and any other agency 20 or County Department that may be determined by the Director of Growth 21 Management to be necessarily involved in the review and approval of the 22 constructible final engineering plans for the site work and offsite 23 improvements. The determination of whether or not plans submitted by the 24 applicant constitute a complete set of constructible plans shall be made by the 25 departments involved in the plan review within five business days of the date 26 the plans are received in the Department of Growth Management. 27 28 4. Condition A-3 of Resolution No. 07-012 remains. 29 30 Prior to approval of a Notice of Vegetation Removal, ERD must be provided 31 with the final Beach and Dune Restoration Plan and documentation showing 32 that FDEP has approved of the plan. 33 34 5. Condition A-4 of Resolution No. 07-012 remains. 35 36 Prior to approval of a Notice of Vegetation Removal, the applicant shall provide 37 final copies of the Preserve Area Monitoring and Management Plan (PAMP), 38 Sea Turtle Protection Plan (STPP), site plan, and landscape plan, showing the 39 final alignment of the proposed dune walkover. It is important that these 40 documents show the correct, final alignment, so that contractors and future March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 2 of 9 1 residents are aware of what exactly has been permitted to be constructed on 2 the dune and through the dune scrub habitat. 3 4 6. Condition A-5 of Resolution No. 07-012 remains. 5 6 Prior to approval of a Notice of Vegetation Removal, a revised Preserve Area 7 Monitoring and Management Plan (PAMP) shall be provided to SLC. The 8 revised PAMP shall include typical drawings of the dune crossovers, including 9 a cross-sectional view of the structure in relation to the dune elevation and 10 vegetation. SLC and FDEP must approve of the proposed crossovers prior to 11 Vegetation Removal Permit issuance. 12 13 7. Condition A-6 of Resolution No. 07-012 remains. 14 15 Prior to approval of a Notice of Vegetation Removal, the developers, their 16 successor or assigns, shall submit to SLC a revised PAMP, including the 17 following revisions: 18 a. On page 2, the revised PAMP still refers to Figure 4 for a map of the 19 site's proposed preserve areas; figure 4 shows the site plan and 20 does not delineate the site's preserve areas. Please correct the 21 PAMP such that it refers to the final, correct maps of the site's 22 preserve areas. 23 b. The dune crosswalks shown in the Landscape Plan and Lighting 24 Plans still differ from those shown on the PAMP, Sea Turtle 25 Protection Plan, and Site Plan. Please make these plans 26 consistent, as we've been requesting since our original comments 27 were submitted in April 2006. 28 c. Additionally, the PAMP has now been revised such that portions of 29 the Dune Preservation Zone previously shown as being protected by 30 silt fences during construction would now be unprotected. It 31 appears from the Landscape Plans that the applicant does still 32 intend to enhance areas of existing vegetation and to re-plant un- 33 vegetated areas within the Dune Preservation Zone. Therefore, the 34 PAMP should just be corrected such that the entirety of the Dune 35 Preservation Zone is shown as being protected by silt barriers. 36 37 8. Condition A-7 of Resolution No. 07-012 shall be deleted and replaced as 38 follows. 39 40 , , 41 , March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 3 of 9 1 €aser~e~#~ ss~ Aae~~~dEE~~e~ F~ fa~car or~'~s~e~er~n g~t~~ ~~e~--B+~~e 2 P ese~ua#+e~-,4~ea-~4~-a-~ir~+rx~~; ##~d9s~~r~#~s~s#a~~-i~sl~~e~}si ~'r 3 , , 4 5 6 . 7 Preservation and restoration areas on-site shall be covered bv a conservation 8 easement, per St. Lucie Countv Comprehensive Plan Policv 8.1.12.8. Within 9 90 davs of site plan extension approval or prior to issuance of a Veqetation 10 Removal Permit or Exemqtion, whichever comes first, the applicant shall 11 provide the required executed SLC (or SFWMD) conservation easement and 12 the ERD-approved Preserve Area Monitorinq and Manaqement Plan (PAMP) 13 with an attached affidavit, and a cashier's check, pavable to the Clerk of the 14 Court for the apqropriate recordina fees, to the Countv Attornev for review and 15 apqroval. The PAMP shall incorporate revisions required per Conditions #4 5 16 6, and 16 of Resolution No. 07-012. 17 18 9. Condition A-8 of Resolution No. 07-012 remains. 19 20 Prior to approval of a Notice of Vegetation Removal, the developers, their 21 successor or assigns, shall submit to SLC a copy of the Homeowners 22 Association Guidelines. The guidelines, at a minimum, should specify 23 restrictions on any encroachment into the Dune Preserve Area as well as 24 restrictions on vegetation removal outside the building pad areas. The 25 documents should specifically identify all responsible parties associated with 26 the long-term maintenance of the common open space areas, including the 27 Dune Preservation Area. At a minimum the documents shall include: 28 a. Language which notifies prospective property owners that the 29 association property includes preservation areas which are 30 protected under conservation easements; and 31 b. Language which informs the prospective property owners that the 32 preservation areas may not be altered from their natural/ permitted 33 condition with the exception of: exotic vegetation removal, or 34 restoration in accordance with the restoration plan that shall be 35 referenced in the conservation easement. 36 37 10. Condition A-9 of Resolution No. 07-012 remains. 38 39 Prior to approval of a Notice of Vegetation Removal, the developers, their 40 successor or assigns, shall conduct a pre-clearing meeting with the applicant's March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 4 of 9 1 environmental consultant, the land clearing contractors, and Environmental 2 Resources Department (ERD) staff to discuss listed species and habitat 3 protection guidelines during construction. ERD shall also be contacted for a 4 site inspection to be certain that the sitt fencing is at least 25 feet west of all 5 gopher tortoise burrows. 6 7 11. Condition A-10 of Resolution No. 07-012 remains. 8 9 Prior to approval of a Notice of Vegetation Removal, the developers, their 10 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 11 Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting 12 shall be of a type that is not disruptive to sea turtles and not directly visible 13 from the beach. Lighting shown in the STPP shall include not only exterior 14 lighting, but also any proposed balcony or stairway lighting. 15 16 12. Condition A-11 of Resolution No. 07-012 remains. 17 18 Prior to approval of a Notice of Vegetation Removal, the developers, their 19 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 20 Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting 21 shall be of a type that is not disruptive to sea turtles and not directly visible 22 from the beach. Specifically, the Lighting Plan shall be revised such that the 23 wall-mounted incandescent luminaries currently proposed shall be moved on 24 the plans to locations where they would not be directly visible from the beach. 25 Instead of incandescent bulbs, these fixtures should use small 10 and 18-watt 26 low pressure sodium fixtures. 27 28 13. Condition A-12 of Resolution No. 07-012 remains. 29 30 Prior to approval of a Notice of Vegetation Removal, the developers, their 31 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 32 Plan (STPP), including a specific schedule of the proposed development 33 periods. Please be sure the schedule concentrates construction to the 34 greatest extent possible to the non-nesting/hatching season (Nov. 16 thru Feb. 35 29). Coastal development occurring during any portion of the nesting season 36 (March 1 thru Nov. 15) shall be conducted during daylight hours only. 37 38 14. Condition A-13 of Resolution No. 07-012 remains. 39 40 Prior to approval of a Notice of Vegetation Removal, the developers, their 41 successor or assigns, shall provide ERD with a revised Sea Turtle Protection March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 5 of 9 1 Plan (STPP), wherein the proposed dune crosswalks are shown consistent 2 with the approved site plans. 3 4 15. Condition A-14 of Resolution No. 07-012 remains. 5 6 Prior to approval of a Notice of Vegetation Removal, the developers, their 7 successor or assigns, shall provide ERD with a copy of the Homeowners 8 Association documents. The STPP requirements shall be incorporated into the 9 Association's "Declaration of Covenants, Conditions, and Restrictions". 10 11 16. Condition A-15 of Resolution No. 07-012 remains. 12 13 Prior to approval of a Notice of Vegetation Removal, the developers, their 14 successor or assigns, shall provide ERD with a revised STPP, including a plan 15 view depicting all structures proposed for construction and a schedule of the 16 proposed development periods. 17 18 17. Condition A-16 of Resolution No. 07-012 remains. 19 20 Prior to approval of a Notice of Vegetation Removal, the developers, their 21 successor or assigns, shall provide ERD with a revised PAMP, including the 22 following revisions to the proposed Sea Turtle Information signs: 23 a. Signs should provide contact numbers for the St. Lucie County ERD 24 (772-462-2526) and Florida Fish and Wildlife Conservation 25 Commission (561-575-5408), instead of the Environmental 26 Consultant's contact information. 27 b. Signs should give the correct dates for sea turtle nesting/hatching 28 season, which are March 1 through November 15, per St. Lucie 29 County code. 30 31 18. Condition A-17 of Resolution No. 07-012 remains. 32 33 Prior to the issuance of a Certificate of Occupancy, the developers, successor 34 or assigns shall demonstrate that damages to Shorewinds Drive have been 35 repaired to County standards and overlayed. 36 37 19. Condition A-18 of Resolution No. 07-012 remains. 38 39 The hours of operation for construction activities shall be limited to the time 40 period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1:00 41 P.M. Saturday and no work on Sundays. No construction shall take place on March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 6 of 9 1 Federal Holidays. The hours of operation restrictions do not apply to sales 2 activities. In the event the County adopts uniform hours of operation for 3 construction activities that apply county wide, then such hours of operation shall 4 supersede the hours of operation set forth herein. 5 6 20. Prior to issuance of a Veqetation Removal Permit or Exemption, the applicant 7 shall execute an improvement aqreement, acceptable to SLC, for the cost of 8 all reauired landscapinq, irriqation, tree mitiqation (includina on-site tree 9 relocation), and related improvements as shown in the landscape plan and 10 dune preservation plantinq plans. 11 12 21. The applicant will complv with anv state and federal aaencv requlations and 13 repuirements. Prior to issuance of a Veqetation Removal Permit or 14 Exemption, the applicant shall have obtained and provided ERD with copies of 15 anv required federal and state permits, includinq, but not limited to the 16 SFWMD ERP. If federal or state aqencv compliance requires modification to 17 the development plans, the aqplicant will promptly modify the plans and submit 18 to SLC for review and approval as required bv the LDC. The applicant will not 19 use the Countv's development approval to prevent compliance with anvfederal 20 or state aqencV requirements. 21 22 B. The property on which this Major Site Plan extension is being granted is described 23 as follows: 24 25 CORAL COVE BEACH-SECTION ONE- TRACTS C, D, E AND F AND THAT 26 PART OF TRACT G LYG S OF LI TO AND 500 FT N OF S LI OF S/D (10.15 27 AC) (OR 2282-2858; 2282-2861)) Property Tax I.D. # 1425-701-0206-000-4 28 29 (Location: Northeast corner of the intersection of North A-1-A and Shorewinds 30 Drive) 31 32 C. This Site Plan extension shall expire on February 20, 2010, unless a building 33 permit is obtained or an extension has been granted in accordance with Section 34 11.02.06, St. Lucie County Land Development Code. 35 36 D. The Certificate of Capacity granted by the Growth Management Director shall 37 remain valid for the period of this development order. If this order expires or 38 otherwise terminates, the Certificate of Capacity shall automatically terminate. 39 40 E. The St. Lucie County Growth Management Director is hereby authorized and 41 directed to cause the notation of this resolution to be made on the Official Zoning March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 7 of 9 1 Map of St. Lucie County, Florida, and to make notation of reference to the date of 2 adoption of this resolution. 3 4 F. The conditions set forth in Part A are an integral non-severable part of the site 5 plan approval a granted by this Resolution. If any condition set forth in this 6 resolution is determined to be invalid or unenforceable for any reason and the 7 developer declines to comply voluntarily with that condition, the site plan approval 8 granted by this resolution shall become null and void. 9 10 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth 11 Management Director. 12 13 After motion and second, the vote was as follows: 14 15 Chair Paula A. Lewis XXX 16 Vice Chair Charles Grande XXX 17 Commissioner poug Coward XXX 18 Commissioner Chris Dzadovsky XXX 19 Commissioner Chris Craft ~;XX 20 PASSED AND DULY ADOPTED this 10th Day of March, 2009. 21 22 BOARD OF COUNTY COMMISSIONERS 23 ST. LUCIE COUNTY, FLORIDA 24 25 26 27 BY 28 Chairman 29 30 31 ATTEST APPROVED AS TO FORM 32 AND CORRECTNESS 33 34 35 36 Deputy Clerk County Attorney : March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 8 of 9 1 2 EXHIBIT A 3 MAPS 4 5 6 (To be inserted prior to obtaining signatures) March 10, 2009 Resolution No. 09-021 File No.: BCC 720081502 Page 9 of 9 ~ c c~ i ° ' ~ ry ~ Q % '~j.'>'~ ~ ~ l!~ I ~ ~ ~ ~ z % j ^ Q " 'a, ~ N 00 /~o j `v ~ " Q ~ t N 3 = ~ ~ ~ € m ~ `m a L J.U.,' ~ T I ~`~~c ° d 1 3 a ~ ~ V ~ I C U ~ ~ o i ~ ~t•S ; ~ a G I pcea ~,..e I \~l 'U f0 UM ~o ~ ~ ~ W C~ d P~~y~u ~ o ~ i Z ' / /o` ~a9~~n I i ~ 5 aJe~ a U d ~ ~~d~a~ I ; i p I ! ° awa~ ~ ~ ~ - _ ~ ' ~ a~ I i J ~a9pO~ ~ `5 e~sa,o R`~e~ ~ a ~o ~y ° i ; ~~d\ao Q Q a ~ S sru~ip m c m Mne Sta~e PMtlY ~ I S~ns 1 a u - IS 4152 S ~aT° n Pn10 osoiiy a° ~ i _ Q - 5~ y e~ a ' - Pa 7S C~f ~ ~ _ s~o'e E eav - ~ e `n 3 a I _ ~ a ~ o 3 i ~ P^~B m PnlBaonllSl'od ~ N a aaN v23 sui~uef ou~o1 ~3 m ~ aiewyse~ ~ P>J ne~~ol ey ~ ' G~IB ¢uone 1 ~ P^IB ` m x,H s uM NnH s6ui~ Fnuld > wa~~ ~ U I ~ Pb a~ouiwa$ ' ~ I ~ any uos~eW3 c ~ ~ o. ~ p uolsu~of /ij e~d ~ $ o ~ e a ~a~a , e ~ so ~ ~ I G2i u015u4of 'j~ ~ ~ p-e G•ya PkWYF~` 0 3 I aa we awoH ~ i ~ ~ I U ~ , _ ~ _ ~ ~ ~ 0 U i ~ u ~ ~ I ~ peoa uui45 ~ I d ~ va a~n ~ea ~ ~ v~i m ~ ~ m a i ° _i ~ ~ - - aa ie~e~ ,aveaH ~ ~ ~ U U U I ~ ~ 1 I ~ P2i ~!PI~H lea7l ~ ~ ~ 1 ~ P2f P~~S Pa ~~ue7 ~ I I leue'J 4Z"~ I I v U I ` i U I O I ~eue~ EZ"~ I ~ I 5 i ~ e ~ I o ~ ~ ~ ~ I ~ ~ 0 ~ ~ I Qe ~ e~Oe e a ~ i ~ i ~ ~ ~ i ~ ~ ~ i ~ ~ ~ ~ .(auno~ aaqoy~aaHp BCC-720081502 ~ A petition for a 12-month extension to the Major Site Plan Project known as Meridian at North Hutchinson Island T ~o ~ ~ 5 ~ 3 ~ ~ e~ ~f 3 2 ~ a 3'~"'G 9 ~ " , ~ ~ ~ MARINA DR i 32 33 ~ 35 36 37 38 39 z O ~ ~ 3 8 ~ 6 5 4 3 z 4 ~ BERMUDA BEACH DR ~ 5 43 44 Q 45 46 47 48 49 J 6 50 p ~ J a LL Q , 8 Q 8 ~ 6 5 4 3 2 9 = C~ BIMINI DR ~o = ~ B ~ 6 5 4 3 2 ~ ~ 11 Z 8 7 6 3 ~ 11 10 ? SHOREWINDS DR > m 1 10 ~ _ ? 10 c~ z 9 9 0 Q Z w ~ z gs m Q U ~ F Q 3 8 Z ~ 4 F ~ 4 7 Q 6 5 6 MOORINGS LN ~ g ~ 16 ~ 13 Z '10 Z 14 5 3 3 3 Z q 19 4 ~ 4 5 20 5 17 ~(C~ 5 ~2 6 21 6 19 O s 14 z2 ~ ~ ,y 1~ 15 ~ O 7 23 8 20 8 9~ 8 9 24 g ~ O` ~ z -p 8 ~0 2s io ~ 26 11 23 Legend ~ ~ N nf ~ ~ - ysuwth ]lanqqement Depa~hr.ent ~ Subject property Map prepared August 13, 2008 BCC-720081502 zoning Meridian at North Hutchinson Island HIRD PMUD ~ ~o ~ ~ _ ~ ~ ~ ~ ~ MARINA DR C'1 S4 p ~'co ~7 HIRD BERMUDA BEACH DR -4 W Q ~ Q J Q -4 0 = ~ ~ BIMINI DR = ~ Z R - ~ p SHOREWINDS DR ' J ~ - ~ - ~ _ m U ~ _ W ~ ~ m _ - - ~ H I D ~ _ r:_ Z ~ ~ g ~ R -4 ` ~ _ ~ ~ a T~ ~ _ - ~YZ . HIRD - _ = MOORINGS LN ~ ~ RS-4 ~ ~ - ~ ~ - ~ ~ _ ~ _ Z ~ ` ~ ~ _ -4 -4 - o ~ ~ , ~ ~ ' ~ r ~ ~ ~ o ~P ~ ~ ,F y,~ 20 ~ s~ ~ ~ o ~ ~ . ~ 'A 'P s. ~ ~ - Legend CG - Commercial General N CN - Commercial Neighborhood j,: fN~:;= ~n~=„f-- ' CPUB - Conservation Public ~ HIRD - Hutchinson Island Residential District y°""'`a`°"`~y`"""`DP°""""` ~ Subject property RS-4 - Residential Single Family (4 du/ac) Map prepared August 13, 2008 BCC-720081502 Future ~and use ~ Meridian at North Hutchinson Island ~ ~o ~ u ~ ~ ~ ~ ~ MARINA DR ~i• n R O ~ ~ ~ BERMUDA BEACH DR ~ Q J J H ~ Q LL Q Q R ~ _ ~ BIMINI DR = ~ ~ Z p SHOREWINDS DR J m _ U Q w m ~ U R Z Q CPUB MOORINGS LN RU 2 O ~ ~2 O 9 ~ ?i O 9"p~ 9,~ 1~Q O,P O'P Legend CPUB - Consenration Public fr~CZC, C~f~~ N MXD - Mixed Use Development RM - Residential Medium (9 du/ac) yrmvtha(anqqementDeymtmrnt ~ Subject property RU - Residential Urban (5 du/ac) Map prepared August 13, 2008 BCC-720081502 Meridian at North Hutchinson Isiand E ~ AY ~ • ~t' " _ . ro~ - i - • ` r ~ m , << _ ~ _ ~J ~ , - ~ ~MARINA~ _ _ ~ ~ ~ - _ ` . . L " ~ $ ' ~ ~ ~ a i ra mr a + a• ~a s - . - : ~~a~ -a ~ . .x ; ;"9'' " . ~ ~ r... i " ' r^ e~~ Q.' ca BERMUDA B q'CH;pR~i-w-~~ f ~ a : ~ ~ ~ •~~it ' ` ~ O ~'i Q - LJL ~d~..r.~ _ . ~ ~ Q ~ Q _ - ~ ,r , v. BIMINI DR~ ~ ~ z ..s~ ~ i ~~L'" _ :C ~ 2 ~ ~ ~ ~ rn t - ~i~'i~ ¦ ~ Z -5~:.. 1. ' _ s , • ~s~^ t'+_ ~Y'_ a~~ii~~~i~~:: ~ / ~ ~ ~ - ji~.€~~ : ; ~ ~ _ ; ' SHOREWINDS'DR ~ ~ " m ~ _ _ - U Q W , } F U - Z z _ g ~ u:. - a ~ _5 = ~ . MOORINGS LN ~ ~ : E~' ~ _ ~,~Iz ? o ~ i . 9 - m ~ ~ ~ ~ Z ~ ~ Q f . ~ ~ ~ , O~ 9~, i ZO~ a~ ' \~0~~ ~ _ ~ Legend ~r=zn~,~ N ~ y.~~,r~~~~ v~a.~~,.~ Subject property Aerial flown Dec. 2005 Map prepared August 13, 2008 EDWIN M. FRY, Jr., CLERK OF THE CtRCUIT COURT SAIN7 LlIC1E COUNTY ILE !t J01Ft 153 -~~'20U7 at 0422 PM ,^,L . . - - ~ ' OR BOCK 27E~9 PAGf 2734 _ 27q2 Doc 7ype; RESO ~ - RECORUNVG 573.pp _ ;'i i RESOLUTI4N NO. 07-012 2 F1LE NO.: MJSP-O6-004 3 , 4 A RESOLUTION GRANTING MAJOR SITE PLAN 5 APPROVAL FOR THE PROJECT TO BE KNOWN AS THE 6 MERIDIAN AT NORTH HUTCHlNSON ISLAND. ~ 8 WHEREAS, the Board of County Commissianers of St. Lucie Couniy, Florida, based on the 9 testimony and evidence, including but not limited to the staff report, has made the following 10 determinations: ll 12 1. Greenwood Development Corporation of Florida, Inc., has applied for major site plan 13 approval for the project to be known as The Meridian at North Hutchinson Island 14 located on the northeast corner of the intersection of North A-1-A and Shorewinds 15 Drive consisting of 104 residential condominium units located in the HIRD (Hutchinson I6 Island Residential District) and described in Part B. 1'7 l8 2. The Development Review Committee has reviewed the site plan for ihe proposed 14 project and found it to meet minimum technical requirements of the St. ~ucie County 20 Land Development Code and to be consistent with the future land use maps from the 21 St. Lucie County Comprehensive Plan. 22 23 3. The proposed project is consistent with the general purpose, goals, objectives and 24 standards of review of the St. Lucie County Land Development Code, the St. Lucie 25 County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 26 ~ 27 4. The proposed project will not have an undue adverse effect on adjacent property, the 28 character of the neighborhood, traffic conditions, parking, utility facilities, or other 29 matters affecting the public health, safety and general welfare. 34 31 5. All reasonable steps have been taken to minimize any adverse effect of the proposed 32 project on the immediate vicinity through building design, site design, landscaping, and 33 screening. 34 35 6. The proposed project wiil be constructed, arranged and operated so as not to interfere 3b with the development and use of neighboring property, in accordance with applicable 3? district regulations. 38 39 7. The proposed project wili be served by adequate public facilities and services. 40 al 8. The applicant has applied for and received a certificate of capacity, a copy of which is 42 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land 43 Development Code. 44 45 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissionefs of St. Lucie 46 County, Florida: 47 File No.: MJSP-06-004 Resolution No. 07-012 February 14, 2007 Page 1 i 1 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site , 2 plan for the project to be known as The Meridian at North Hutchinson Island, is hereby ~ 3 approved as depicted on the site plan drawings for the project prepared by Culpepper 4 and Terpening, Inc., dated May 3, 2006, and date stamped received by the St. Lucie 5 County Growth Management Director on November fi, 2006, for the foilowing described b property below, subject to the following conditions: ' 7 g 1. Prior to the issuance of any buildings permits for the proposed Meridian at North 9~ Hutchinson {sland, the developer, his successors or assigns, has agreed to pay, 14 and the County has agreed to accept, $100,000.00 in lieu of any Road Impact 11 Fees and the Alternate Development Fee, such funds to be used by the County l2 for improvements on North Hutchinson Island. The developer, his successors or 13 ~ assigns, shal! not be responsible for any additional Road Impact Fee payments 14 ~ to St. Lucie County. All 104 units will be subject to all other required impact fees ' 15 i and any other fee or assessment that St. Lucie County may lawfully assess. 16 , 17 2. No construction Development Pe~mits shal{ be issued by the County untif ! 18 ~ complete sets of sealed constructible final engineering plans, supporting 19 ! calculations and survey data for al1 site work and offsite improvements are , 20 'i submitted to the County and approved by the Public Works Department, Utilities 21 I Department, ~nvironmental Resources Department, Growth Management 22 I Department, St. Lucie County Fire District, and any other agency or County 23 ~ Department that may be determined by the Director of Growth Management to 24 be necessarily involved in the review and approva! of the constructible final 25 engineering plans for the site work and offsite improvements. The determination 26 of whether or not pfans submitted by the applicant constitute a complete set of 27 constructible plans shall be made by the departments involved in the plan review 28 within five business days of the date the plans are received in the Department of 29 Growth Managerrsent. 30 31 3. Prior to approval of a Notice of Vegetation Removal, ERD must be provided with 32 the final Beach and Dune Restoration Plan and documentation showing that 33 FDEP has approved of the plan. 34 35 4. Prior to approval of a Notice of Vegetation Removal, the applicant sha~l provide 36 final copies of the Preserve Area Monitoring and Management Plan {PAMP}, Sea 37 Turtle Protection Plan (STPP), site plan, and landscape plan, showing the final ;8 alignment of the proposed dune walkover. It is important that these documents 39 show the correct, final alignment, so that contractors and future residents are 40 aware of what exactly has been permitted to be constructed on the dune and 41 through the dune scrub habitat. 42 43 5. Prior to approval of a Notice of Vegetation Removal, a revised Preserve Area 44 Monitoring and Management Plan (PAMP) shall be provided to SLC. The 45 revised PAMP shall include typical drawings of the dune crossovers, including a 46 cross-sectional view of the structure in relation to the dune elevation and 47 vegetation. SLC and FDEP must approve of the proposed crossovers prior to j 48 ~ Vegetation Removal Permit issuance, ' 49 ~ File No.: MJSP-06-004 Resolution No. 07-012 February 14, 2007 Page 2 1 6. Prior to approval of a Notice of Vegetation Removal, the developers, their 2 successo~ or assigns, shall submit to SLC a revised PAMP, including the 3 following revisions: 4 a. On page 2, the revised PAMP still refers to Figure 4 for a map of the site's 5 proposed preserve areas; figure 4 shows the site plan and does not delineate 6 the site's preserve areas. Please correct the PAMP such that it refers to the 7 final, correct maps of the site's preserve areas. 8 b. The dune crosswalks shown in the Landscape Plan and Lighting Plans still 9 differ from those shown on the PAMP, Sea Turtle Protection Plan, and Site 10 Plan. Please make these ptans consistent, as we've been requesting since 11 our original comments were submitted in April 20d6. l2 c. Additionally, the PAMP has now been revised such that portions of the Dune 13 Preservation Zone previously shown as being protected by silt fences during 14 construction would now be unprotected. tt appears from the Landscape 15 Plans that the applicant does still 4ntend to enhance areas of existing 16 vegetation and to re-plant un-vegetated areas within the Dune Preservation 17 Zone. Therefore, the PAMP should just be corrected such that the entirety of 18 the Dune Preservation Zone is shown as being protected by sift barriers. 19 20 7. Prior to approval of a Notice of Vegetation Removal, the developers, their 21 successor or assigns, shall submit to SLC a copy af fhe Conservation Easement 22 document, dedicated in favor of SLC, covering the site's Dune Preservation Area. 23 At a minimum, the documents shall include: 1) signed draft conservation 24 easerrtent, 2) site plans or map of conservation easement areas, and 3) legal 25 description and number of acres of conservation easement. Within 60 days of 2b issuance of a permit a recorded copy of the easement document wifl be required 27 to be submitted. 28 29 8. Prior to approval of a Notice of Vegetation Removal, the developers, their 30 successor or assigns, shall submit to SLC a copy of the Homeowners 31 Association Guidelines. The guidelines, at a minimum, should specify 32 restrictions on any encroachment into the Dune Preserve Area as wefl as 33 restrictions on vegetation removal outside the building pad areas. The 34 documents should specifically identify all responsible parties associated with the 35 long-term maintenance of the common open space areas, including the Dune 36 Preservation Area. At a minimum the documents shall include: 37 a. Language which notifies prospective property owners that the association 38 property includes preservation areas which are protected under conservation 39 easements; and 40 b. Language which informs the prospective property owners that the 41 presenration areas may not be altered from their natural/ permitted condition 42 with the exception of: exotic vegetation removal, or restoration in accordance 43 with the restoration plan that shall be referenced in the conservation 44 easement. 45 46 9. Prior to approval of a Notice of Vegetation Removal, the developers, their 47 successor ar assigns, shall conduct a pre-clearing meeting with the applicant's 48 environmental consultant, the land clearing contractors, and Environmental 49 Resources Department (ERD) staff to discuss listed species and habitat File No.: MJSP-06-004 Resolution No. 07-012 February 14, 20Q7 Page 3 1 protection guidefines during construction. ERD shall also be contacted for a site 2 inspection to be certain that the silt fencing is at least 25 feet west of all gopher' 3 tortoise burrows. ~ 4 5 10. Prior to approval of a Notice of Vegetation Removal, the developers, their 6 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 7 Plan (STPP) and Lighting Plan, clearly demonstrating that al) proposed Eighting 8 shal! be of a type that is not disruptive to sea turtles and not directly visible frorn 9 the beach. Lighting shown in the STPP shall include not only exterior lighting, 10 but also any proposed balcony or stairway lighting. 11 12 11. Prior to approval of a Notice of Vegetation Removal, the developers, their , 13 successor or assigns, shall provide ERD with a revised Sea Turtle Protection i 14 Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting 15 shall be of a type that is not disruptive to sea turtles and not directly visible from 16 the beach. Specificalfy, the Lighting Plan shall be revised such that ihe wall- 17 mounted incandescent luminaries currentEy proposed shall be moved on the 18 plans to locations where they would not be directly visible from the beach. 19 Instead of incandescent bulbs, these fixtures should use small 10 and 18-watt 20 low pressure sodium fixtures. 2] 22 ~ 12. Prior to approvaf of a Notice of Vegetation Removal, the developers, their' 23 successor or assigns, shall provide ERD with a revised Sea Turtle Protection 24 Plan (STPP), including a specific schedule of the proposed development periods. 25 P{ease be sure the schedule concentrates construction to the greatest e~ent 26 , possible to the non-nesting/hatching season {Nov. 16 thru Feb. 29). Coastal 27 development occurring during any portion of the nesting season (March 1 thru 28 Nov. 15} shall be conducted during daylight hours onEy. 29 ~ 30 i 13. Prior to approval of a Notice of Vegetation Removal, the developers, their 31 i successor or assigns, shall provide ERD with a revised Sea Turtle Protection 32 ; Plan (STPP}, wherein the proposed dune crosswalks are shown consistent with 33 the approved site plans. 34 35 14. Prior to approval of a Notice af Vegetation Removal, the developers, their 36 successor or assigns, shall provide ERD with a copy of the Homeowners 37 Association documents. The STPP requirements shafl be incorporated into the 38 Association's "Declaration of Covenants, Conditions, and Restrictions". 39 ~ 40 15. Prior to approva! of a Notice of Vegetation Removal, the developers, their 41 ; successor or assigns, shall provide ERD with a revised STPP, including a pian 42 ! view depicting all structures proposed for construction and a schedute of the 43 proposed development periods. 44 45 16. Prior to approval of a Notice of Vegetation Removal, the developers, their 46 successor or assigns, shali provide ERD with a revised PAMP, including the ' 47 following revisions to the proposed Sea Turtle In#ormation signs: ~ I I ~ File No.: MJSP-06-004 Resolution No. 07-Oi2 ! February 14, 2007 Page 4 1 a. Signs should provide contact numbers for the St. Lucie County ERD (772- 2 4fi2-2526) and Florida Fish and Wildlife Conservation Commission (561-575- 3 5408), instead of the Environmental Consultant's contact information. ~ 4 b. Signs should give the correct dates for sea turtle nestinglhatching season, 5 which are March 1 through November 15, per St. Lucie County code. 6 7 17. Prior to the issuance of a Certificate of Occupancy, the developers, 8 successor or assigns shall demonstrate that damages to Shorewinds 9 Drive have been repaired to County standards and overlayed. IO 11 18. The hours of operation for construction activities shall be limited to the time 12 period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1:00 13 P.M. Saturday and no work on Sundays. No construction shall take place on 14 Federal Holidays. The hours of operation restrictions do not apply to sales 15 activities. In the event the County adopts uniform hours of operation for 16 construction activities that apply county wide, then such hours of operation shall 17 supersede the hours of operation set forth herein. 18 19 B. The property on which this Major Site Pian is being approved is described as follows: 20 21 CORAL COVE BEACH-SECTION ONE- TRACTS C, D, E AND F AND THAT PART 22 OF TRACT G LYG S OF LI !I TO AND 500 FT N OF S LI OF S/D (10.15 AC) (OR 2282- 23 2858; 2282-2861)) Property Tax I. D. # 1425-701-0206-000-4 24 25 {Location: Northeast corner of the intersection of North A-1-A and Shorewinds 26 Drive) 27 28 C. The approvals and authorizations granted by this Resolution are for the purpose of 29 obtaining building permits on this property, shall expire on February 20, 20Q9, unless the 30 developer has obtained building permits for the site plan described in Part A or an 31 extension has been granted in accordance with Section 11.02.06, St. Lucie Caunty Land 32 Devefopment Code. 33 34 D. The Major Site Plan approval granted under this Resolution is specifically conditioned to 35 the requirement that the petitioners, Greenwood Development Corporation of Florida, 3b Inc., including any successors in interest, shall obtain all necessary development permits 37 and construction authorizations form the appropriate State and Federal regulatory 38 authorities, including but not limited to: the United States Army Corps of Engineers, the 39 Florida Department of Environmental Protection, and the South Florida Water 40 Management District, prior to the issuance of any local building permits of authorizations 41 to commence development activities on the property described in Part B. 42 43 E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain 44 valid for the period of Site Plan approval. Shoufd the Site Plan approva! granted by this 45 resolution expire or an extension be sought pursuant to Section 11.07.05{F) of the St. 46 Lucie County Land Development Code, a new certificate of capacity shall be required. 47 File No.: MJSP-06-Q04 Resolution No. 07-012 February 14, 2007 Page 5 1 F. A copy of this resolution shall be attached to the site plan drawings described in Section 2 A, which plan shal! be placed on file with the St. Lucie County Growth Management 3 Director. 4 5 G. The St. Lucie County Growth Management Director is hereby autharized and directed to 6 cause the notation of this resolution to be made on the O~cial Zoning Map of St. Lucie 7 County, Florida, and to make notation of reference to the date of adoption of this 8 resolution. 9 10 H. The Director of Growth Management shall coordinate the issuance of further site II Development Permits. No final site construction authorizations or site Development 12 Permits shall be issued until all requirements for such permits are met. 13 14 I. A copy of this resolution shall be mailed, return receipt requested to the developer and 15 agent of record. This resolution shall be recorded in the Pubfic Records of St. Lucie 16 County. The recording of this resolution does not authorize the commencement of any 17 on-site development activities without obtaining such further development permits as 18 may be required. All applicable conditions of approval as set forth above, and all 19 applicable code requirements must be met to satisfaction of the County before final site 20 construction permits are issued. 21 ~ 22 23 24 After motion and second, the vote on this resolution was as follows: 25 26 , Chairman Chris Craft AYE ~ 27 ! I 2g f Vice-Chairman Joseph E. Smith AYE ! 29 i ~ 30 ~ Commissioner poug Coward AYE 31 32 ~ Commissioner Charles Grande AYE 33 34 Commissioner Paula A. Lewis AYE 35 36 37 38 PASSED AND DULY ADOPTED this 20th day of February 2007. , 39 ~ 40 ~ 41 42 43 ~ 44 45 46 47 48 49 Fi1e No.: MJSP-06-004 Resolution No. 07-012 February 14, 2047 Page fi 1 2 3 4 BOARD OF COUNTY COMMIS~~,iQNERS 5 ST. LUCIE COUNTY, F~'ORl~b~ ~ l..# 6 . v•~ ''.i: 8 , / ~ 5 / `ti ' ~ ~ 9 , - , BY 3 ~ lo . Cha' ' , 11 ~ 12 t~I„~~C.U :.1; ~ . 13 ATTEST ~ APPROVED AS TO FORM 14 AND C4RRECTNESS / 15 , - - ] % 16 - 17 F ~ ~ - _ 18 ~ 19 Deputy Clerk ( County Attorney 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SO 51 52 53 54 55 56 57 58 wc 59 File: H:/ RES06004 Meridian MJSP.doc File No.: MJSP-06-004 Resolution lVo. 07-012 February 14, 2007 Page 7 ~ 1 Exhibit A 2 , 3 4 Certificate of Capacity 5 ~ b ; 7 ~ ~ 8 9 10 ' 11 12 , ; 13 ~ 14 ~ 15 ~ ~ ; 16 ~ 17 , I 18 j File No.: MJSP-06-004 Resolution No. 07-012 j February 14, 2007 Page 8 ~ - _ ~ 2300 Virginia Avenue CERTlFICATE OF CAPACITY F`~;2ces22 ~982 . , Date: 12l22/200fi Certificate No. 2570 iThis docnment certifies that concurrency will be met and that adequate public faciliry rapacity exists to maintain the ~ standards for levels ot service as adopied in the St Lucie Connty Comprehensive Plan for: 1. Type of developme~t mU~ti-family condomirtium Number of units ~o~ Number of square feet 2. Property legal description 8~ Tax ID nv. 142570102060004 NE corner of N A1A 8 Shorewinds Dr. Meridian North Hutchinson lstand. 3. Approval: Buitding Permit Resolut[on No. 07-a12 Letter 4. Subject to the following conditiorts for concurrency: See 17 conditions in Res. No. 07-fl12. Owner's name Greenwood Development Corp Address 104 Maxwell St Greenwood SC 29646 6. CertifiCate Expiration Date y20~2009 ThIs Certificate of Capacity is transferable only to subsequent owners of the same parcet, and is subject to the same I 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 tLis certificate, or for subsequent development ~ order(s) issued for the same property, use and size as described herein. i , k Signed ' Date:2/21/2007 ~J Growth Management Director: St Lucie County, Florida ~/~!C- ~%'~/>C.f Signed Date:2/21/2007 Concurrency Review by: Wednesday, February 21, 2007 Page 1 af 1 : _ ~ ~i~~ a ~ ~ ~f~i . e . : . ~ ~ ~ . r . , . - C ~ ~ ' 1 T ~ ~ 1~ , . ~ •~1 . . a , ~ ~ ~ ~ Y ~ ' ~ . . l 6' . ~ ~ ~ • ~ ~ . ~ ~ ~ - . . . . _ . . ~ V _ 1 , . ~ . . . • ' . . ' J ~1 ~ ~ ~ . ~ . ~ ~ } ~ ~ F r I ~ ~ : ~ ~ ~ • ~ ~ . ~ ° ~ ~ - ~ j a , _ ; ` : ; ! , f( r ~ i ~ i ° ' ; i ~ ~ . ~ F. ~ i~ iy i ~~4 t I t , r ~ d ~ ?J M~~~ 1 ! ~ ~ yT~~r~,-,~' . , _ _ _ = - ~ - .,,-w~' r _ . - ~ -~:'r~-' " 1__ _ _ Y , - ' ~ r~'''"` ' _ - a _ = _ _ _ - ~""r'~ ~ . . -s' E y- _ _ - ' ~ ~ _ = ~1 ~ __--P _ ~ M _ ~ ie~~:° . i s P ~ ^ ~ . - _ - 1 _ C _ o _ = i- ~ ~ _ _ _ _ _ _ _ - ~ ! _ ~ ~ ! ~ . ' r _ ~y,a~r,~~ ~ y f _ y~t__ - y- 1 ~ .u, ~'i±. ~ __~~t ~ ' 'le ~ _'~45~~,.'~ " : _ ` _ _ ~ r_' - - ~ - j 1 t'"`'`~~,~~ ~ e ~r.,' ~~a-«'0 - ; ° - , , = _ - = - ~y ~ ; , " = ~ _ _ _ ~ ~ ~ II ~ • ~ _ ~iF ~ ~ ~ i v' .~~~t~ ~ ip ~'1 ~ ~•,S`• ' ' ~ y~ 1 ~ ~ '~r ~ ~ ~ ~ _ ~ ~ ~ g - _ ~ _ 1 _r-E ~ '~I i " ~ _ ' - 3 ~ ~ ~ ~ ~ r~ ~~l~~ ~ ! - + ~ ~ ~ ~a 1 ~ e t a ' ; ~ ~i ~ L 7~ ; ~ ~ ~ q _ ~ i ~ai ; i = ~ f ~ . ~ i ~I ~i ~ ~ ~ . ~ y , ~ _ ` ~ , ~ J i ~ u = ~ ~ ~ , _ . t ~ j; ~ - ~ ~j,~~ I ~ tl ~ ~ ~ ' ' ' - ~ ~ r I ~ ' ~ e ._----'-`ti ~C4 ~ 'G~ ~ f I ~ ~ ~ ' ~ ~ ~ ~ i~ ~ _l _ _ _ t`~~ a~ ~ ~ _ ~ ~ - ~ ~ ` ~ ~ r9 ~ - ~ _ '.,1 --s----- ~ ~ ~ i ~ _ ~ ~ -,,r---• - ~ , : t ; i ~ ~ ~ , ~ i _ ~ i , ~ ~ , I ~ r : ~ - - ~ ! • ~II ~ r ~ ~ ~1 ~ ~ '~6 ' a ~ ~ f t '1 ~ 1 ~ L ~ _ ~ t!~ ~ T~ I 1 `''i f ~ t _ ! E ~ : i ~ 'K' ~ ~ t ~ ~ ~ ~ ii~~ ~ ~ ~ ~Q ( h ~p Q ' yyy~~~ 1 1 ~ ~ ~ 1 4 ~ ' ~ ~ I ~ i - 1 ~ ~ L~ i . . i 1 f ~ ~i W~ _ ~.j 1 ~ I ~ - - '1 ' ~ ' ; ~ c~ - ° : _ . ~ - ~ - - ~S. * ~ ~ . _ L .y ~ h~•. t _ . . . 4-~ ~ W~~9~•OTa~ ~ , - ~ -~~-~s- _ - ~ ~~-TTr- T-T1-~T~~~T--~~- - ~ ` ~ ~ ~ a ~-e~ :~r,cuFS ~m~a i 6~ I'' i! ias r.ue~ n,,+ I I I I I rm o-p i$•r=~ j i e q~, iow~~?2 ~Nks1•3 ...r....-+•~---+-•-~+ . Ke~. ~ u~ r~~, ~cC ~~a~~ iS~~ r,_ . ~ ~~c~~~~~~ . ~ - _ ~ ~ _ CULPEPPER ~k TERPEN~NG, INC C O N 5 U L T I N G E N G I N E E R S ~ L A N D 5 U R V E V O R 5 Writers e-mail: dmur~hv(cilct-en .e. com Project Number: 04-288 July 1, 2008 Mr. Mark Satterlee, AICP Growth Management Director St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Subject: Request for Site Plan Extension - The Meridian at North Hutchinson Island Dear Mr. Satterlee: On February 20, 2007, the St. Lucie County Board of County Commissioners granted site plan approval to the residenual project known as the Meridian at North Hutchinson Island (the Meridian). The Meridian is to be a 104 unit residential project located at the intersection of North SR A-1-A and Atlantic Beach Boulevard, on North Hutchinson Island. A copy of ResoluUon 07-012 is attached for your reference. Our current development approvals are set to expire in February 2009. We are in the process of completing/obtaining all of other agency permits required to commence construction of this project; however, given some the time consumptive process of the various agency reviews, we may not be position to commence actual site construcuon by our required start date, February 20, 2009. Noting that, and in accordance with the provisions of Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, we are hereby requesting that the County consider granting a 12 month extension to our current scheduled expiration date of February 20, 2009. Thank you for your attention to this matter. If you have any 9uestions, please let me know. Sincerely; Ipepper & Terpe ing, Inc. ~a D s J Murphy, AYCP Senior roject Manager DJM/ Y:\P:oj-2004\04-288 \cocrespondence\04288, slc planrvng, statterlee, request for sp extension_070108.doc A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH z5TH STREET , FT. PIERCE, FL 3498 I (772) 4C'sa-3537 , FAX~. (772) 464-9497 i ~ ~ AGENDA REQUEST ITEM N0. ~ . ~ DATE~ Mnrch 24, 2009 ~ J - ~ REGULAR [XX] ~ r PUBLIC HEARING CONSENT [J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Dnniel 5. McIntyre SUBJECT: Resolution No. 09-082 - Arnendment to the Investment Policy BACKGROUND~ See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-082 and uuthorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: .~'APPROVED [ ] DENIED [ ] OTHER: L~ ' Approved 5-0 Faye W. Outlaw, MPA County Administrator ~ Review and A~provnls County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FIORIDA • . . TO: Board of County Commissioners FROM: Dnniel 5. McIntyre, County Attorney C.A. NO.: 09-0245 ~ATE: February 26, 2009 SUBJECT: Resolution No. 09-082 - Amendment to the Investrrient Policy BACKGROVND: Pursuant to Section 218.415, Florida Statutes, counties thnt have custody of public funds in excess of the nmounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing those funds in the Local Government Surplus Funds Trust Fund for investment by the Stnte Board of Administrntion, are required to conduct such investment activity in accordance with a written investment policy adopted by the Board of County Commissioners. The Clerk has proposed changes to the County's Investment Policy, which proposed changes nre nttnched to draft Resolution No. 09-082 as Exhibit "A", On January 27, 2009, the County's Investment Committee met and voted to recommend approval of the proposed changes. RECOMMENDATION/CONCLUSION : Staff recommends thnt the Board adopt the attnched Resolution No. 09-082 and authorize the Chair to sign the Resolution. Respe ully submitted, ~ ' ~ ~ ~ ` Daniel 5. McIntyre ~ County Attorney ~SM/c4f Attachment ` , ~ RESOLUTION NO. 09-082 A RESOLUTION AMEN~ING RESOLUTION NO. 05-378 ~ WFRCH AMENDED THE INVESTMENT POLICY FOR ST. LUCIE COVNTY, FLORIDA; BY FURTHER AMENDIN6 THE INVESTMENT POLICY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuunt to Section 218.415, Florida Statutes, on or before October 1, 1995, ! counties that have custody of public funds in excess of the amounts needed to meet current ! expenses who elect to conduct investment activity themselves rather than depositing these i, funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written , investment plan and an investment policy adopted by the Board of County Commissioners or in ' the alternative to invest in specified low-risk instruments. 2. On September 26,1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget RevFew Committee. 3. On December 6,1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2,1996, the Board adopted Resolution No. 95-275 which nmended the investment policy and incorporated the recommended changes of the Investment Committee. 4. On December 3,1997, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on December 16, 1997, the Board adopted Resolution No. 97-190 which nrnended the investment policy nnd incarporated the recommended changes of the Investment Committee. 5. On Apri I 4, 2001, the Investment Committee recommended that the 8oard adopt certain amendments to the investment policy, and on April 24,2001, the Board adopted Resolution 01-95 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 6. On September 21, 2005, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on October 11, 2005, the Board adopted Resolution No. 05-378. I . ~ i ~ , _ ~y~--._~..`~.. . . . . . . . ~ . . . I . ~ . V I 7. On October 25, 2006, the Investment Committee recommended that the Board , adopt certain changes to the investment policy, and on November 28, 2006, the Board adopted ' Resolution No. 06-345, , 8. On December 6, 2007, the Investment Committee recammended the Bourd adopt certnin changes to the investment policy, and on December 11, 2007, the Board adopted Resolution No. 07-396. 9. On Janunry 23, 2008, the Investment Committee recommended the Board adopt ~ certain changes to the investment policy, and on February 12, 2008, the Board adopted ~ Resolution No. 08-068. ; I 10. On January 27, 2009, the Investment Committee recommended the$oard adopt II certain changes to the investment policy which are attached as Exhibit "A", i I NOW, THEREFORE, BE IT RESOLVED by the Bonrd of County Commissioners of St. ~ Lucie County, Florida: 1. This Board does hereby adopt the amendments to the investment policy attached 'i hereto and made a part hereof as Exhibit "A", pursuant to Section 218.415, Florida Statutes. i , 2. Except as nmended herein, the rem4ining terms and conditions of Resolution No. ~ 05-378, as amended, shal) remain in ful) force ~and effect. 3. This resolution shall take effect on adoption. I~ After motion and second, the vote on this resolution was as follows: ' Chair Paula A. Lewis XXX ; Vice Chnir Charles Grande XXX Commissioner poug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX ~ PASSED AN~ DULY AOOPTED this 10th day of March, 2009. I ATTEST: BOARD OF COVNTY COMMISSIONERS ST. LUCIE COUNTY, FIORI~A , ~ BY~ DEPUTY CLERK CHAIRMAN i APPROVED AS TO LE6AL FORM AND ' ' CORRECTNE55: ' ' COVNTY ATTORNEy ' j . - - i ST. LUCIE COUNTY ,L- INVESTMENT POLICY TABlE OF CONTENTS I. SCOPE ......................................................•-....................................................................................2 II. INVESTMENT OBJECTIVES r III. DELEGATION OF AUTHORIN .......................................................................................2~ IV. TNVESTMENT PERFORMANCE AND REPORTING .......................................................3 V. PRUDENCE AN~ ETHICAL STANDARDS ....................................................................3,4 VI. AUTHORIZED INVESTMEt~lTS ...4,5 VII. MATURITY AND LIQUIDTTY REQUIREMENTS .......................................................5,6 VIII. PORTFOLIO COMPOSITION ........................................................................................6,7,8 IX. RISK AND DIVERSIFICATION .......8 X AUTHORIZED INVESTMENT TNSTITUTIONS AND DEALERS ..........................8,9 XI. THIRD PARTY CUSTODIAL AGREEMENTS .......................................................................9 XIT. MASTER REPURCHASE AGREEMENT ...................................................................................9 XITT BID REQUIREMENTS ..........................................................................................................9,10 XIV. INTERNAL CONTROLS ......................................................................................................11,12 I EXHIBIT ' z Y a y I, SCOPE This investment policy npplies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 nnd 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following ob jectives, in ORDER OF PRIORITY: 1. SAFETY - The primary ob jective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cush flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the Counfiy will strive to mnximize the return on the portfolio but will minimize investment risk. III. DELEGATION OF AUTNORITY The responsibility for providing oversight nnd direction in regard to the mnnagement of the investment program resides with the Clerk of the Circuit Court. The Board of County Commissioners wil) appoint an Investment Committee that will serve in an advisory cnpacity nnd report to the Boc?rd of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee shnll meet quarterly to review the Clerk's investment strategy nnd results. The Investment Committee will rely on the Clerk of the Court, Finance ~irector and their staff for support. The management responsibility for all Bonrd's funds in the investment program and investment transactions is delegated to the Clerk of Circuit Court or designee. The Clerk of Circuit Court or designee shall establish written procedures for the operntion of the investmeht portfolio and ct system of internal accounting und ndministrative controls to regulate the investment activities. The Clerk may employ investment manager(s) to ussist in managing some of the Bourd's investment portfolio. Such investment manager must be registered under the investment Advisors Act of 1940. 2 _ _ F.`~__ - - ~ I , , . ~ ' ~ ~ i IV. INVESTMENT PERFORMANCE AND REPORTIN6 A portfolio report shall be prepared each quarter by the Finance Director or ' designated staff inember, and be provided to the Clerk of the Circuit Court and , appropriate management staff. The report will a{so be made availnble to the Board of ' County Commissioners and Investment Committee. The report shall include a breakdown of ' the portfolio as well as its overall performance and the current mnrket pricing at month- end. ' A detailed analysis of the investment portfalio will be prepared by the Finance Director and presented to the Board of County Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market ' values, performance and adherence to policy. The Clerk of Court is authorized to utilize an ' investment nccounting service to obtnin necessary information. The Board of County Commissioners will conduct an annual review of the investment portfolio and the investment i, policy. The 8oard of County Commissioners will appoint an Investment Committee that will serve in an ndvisory capncity and report to the Board of County Commissioners. Each Commissioner wil) select one of the five Tnvestment Committee members who will possess relevant financial experience. The Investment Committee and the Bonrd of County ; Commissioners shall receive n copy of the portfolio pricing analysis. i, j The Clerk of the Circuit Court shall be notified immedintely upon exceptions from currently approved investment policies by the Finnnce Director. , , In the event of an emergency situation requiring noncompliance with policy ! guidelines, the Finnnce Director shall attempt to schedule a special committee meeting to ~ discuss the proposed action. If a special committee meeting is not possible due to time ~ constraints or scheduling problems, the Finance Director shall individually notify n minimum ~ of three committee members to obtain approval of the proposed action. ~ I V. PRU~ENCE AND ETHICAL STANDAR~S II The "prudent person" stundard shall be used in the manngement of the overall I~ investment portfolio. ; The Finance Director, and other persons performing the investment function, shall act as a°prudent person" in accordance with these written policies and procedures, i exercising due diligence and invesfiing in investments autharized by law. 3 II ,I II I r The °prudent person" standard is herewith understood to mean the following: Investments shcall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as wel) as the probctble income to be derived. VI. AUTHORIZED INVESTMENTS The Clerk of the Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevniling market rates, with a preference to par bonds or those at u discount. Authorized instruments are as follows: A. The Local 6overnment Surplus Funds Trust Fund, the State Investment Pool ndministered by the State Board of Administration, also known as S.B.A. B. The Florida Local Government Investment Trust, also known as the F.L.6.I.T, administered by the Florida Associution of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligntions the principal and interest of which are unconditionally gunranteed by, the United St4tes Government. Such securities will include, but not be limited to, the following: . 1. Trensury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United Stutes ngencies provided such obligntions are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2 Government Nationnl Mort9age Assoant~on (GNMA) ~ '~Gc~r~~~ntneri-k quai~ant.eei~ ~ia~~t~"deb~~~issued ~urstianfi~~o.'~heF~~o~i~le'ii f~sse~h ~elie~'-P'}u~oi~i~aiti.(T~~RP) E. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by United 5tates Government ugencies (Federal Instrumentalities) which are not full faith and credit agencies limited to the following: 4 _ _ _ . . _ . _ ' _ . _ _ t 1. Federa) Farm Credit Bnnk (FFCB) ' 2. Federal Home Lonn Bank or its district banks (FHLB) i 3. Federal National Mortgage Association (FNMA) ' 4. Federa) Home Loan Mortgage Corporation (Freddie-Macs) ' ; F. Non-negotiable interest-bearing time certificates of deposit, money mnrket accounts or savings accounts in banks/savings and loan nssociations organized under the ' luws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Floridu Statutes. G. Repurchase agreements collaternlized by Treasury Bills or Notes having a maturity of two (2) years or less. ; H. Securities and Exchunge Commission registered money market funds with ' the highest credit qunlity ruting from a nationally recognized rating ngency. ,r ~ ~.,~E.w ,F5 a zsr 4G.f S 'S~. . 4 1- v3.' ~ ' L. " "G 3 ~ f~.4-s~ G 'I " ~~~arpbrcr~~~.~~~x~rgo-~tons~-~rssueci Eay~ ~tnnr~c~a1 " rns~'~tut~~ns rrr ~rt~re F~3r~Cs I ' 4 ms..- : t`~ ` K ~ ,R d a ~ i ° =7a; ? ~ F Temporai~~r Li~r~rditv~~var~nntee ~P~agrdrsti wh~~h ta~e ~ully ~nsured ~ by.r~~re.'-wF1~~~.=~and ; ~ ~ } ~ ; ~9 4 giiairaxi~keec~,&jr;~the;~`iil[ f.a~t~~and==crEdif uf~t~e~~hited:S~~eS G~Ki~t~~rm~(~f. ~ Investment in derivative products is not authorized. For the purposes of I, this policy derivative products are defined as financial arrangements whose value are , derived from changes in nn underlying vnriable such as a stock, bond, stock index, interest : rate index, currency, commodity, etc. Derivative investments include, but are not limited to: futures contracts, options contracts, forward contracts, 'rnterest rate swaps, interest rate floor or ceiling contrncts, and linked index investments. { VII. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools of current operatin funds shall have mnturities of up to five (5) years r- .w a.~,^~~.~ "~"~~fi~ e ~ accses...:. :~~:~:er ssc= ~ :,P' ~5r o '1~',~ =n`" ~ ~ m t ~ e we ~ `4 E eac~e~ ~~e Cor~ora~E Q~S~i~a~fi'~o~~` ~~fi~e ~mc3~t~~r?~rn ~ ~~~qt~m .~~to~ 'ma~+~ra;~y, ~f.ar:~~c~rpcr`~a~ e QfititZ,~kio~s'sYi~a11$be=~~~~e:(3~jrears~.frottt tFte;ifnte:ro~ pur`c}ias"e~' The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and other non-operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five (5) years, unless permitted by the terms of the bond documents. 5 A liquidity amount of approximately three (3) months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relntively short-term investments. These would include the State Investment Pool (SBA), F.L.G.I.T., money market accounts nnd Repurchase Agreements. VIII. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The Finance Director, or their appropriate designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant ~equirements shall not be included in the portfolio composition calculation. The following maximum limits are guidelines estnblished for diversification by instrument: A. The Local Government Surplus Trust Fund (SBA). 1, A maximum of 40% of the portfolio may be invested in the SBA, however, bond proceeds may be tempornrily deposited in the SBA until alternative investments have been purchased nnd are not a part of this calculation. B. The Local Government Investment Trust fund (F.L.G.I.T.) 1. A maximum of 35% of the partfolio muy be invested in f F.L.G.I.T~. C. Non-negotinble Interest-Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificutes of deposit or savings accounts. 2. The maximum maturity on any certificates shnll be no greater thcan one (1) two (2) yenr from the time of purchase. 3. A maximum of 10% of the portfolio may be deposited in the instruments of any one issuer. D. United Stntes Government Securities 1, A maximum of 75% of the portfolio may be invested in United Sta#es Government Securities which are defined as negotiable direct obligntions, or obligations b ~ ~ , , I . I the principol and interest of which are unconditionally gunranteed, by the United Stntes ! Government. ; 2. The mnx~mum length of matur~ty of nn~ direct investment in ~ government securities is ~ a~i~e Qr~~;one ha~~ (5'S~~years. i rwr - E. United States Federal Agencies ' 1. A maximum of 50% of the portfolio mny be invested in United States Federal Agency securities which are backed by the fult faith and credit of the United Stntes Government. ' 2. The max~mum~length of maturity of any direct investment in Federal Agencies Securities is ~w~e~i~~ °~s~''.~~~~~:an~ a~re ~ral~=~~) ~ec~ris. 3. A maximum of 25% of the portfolio may be invested in the ' instruments of nny one issuer. I F. FederalInstrumentalities 1. A maximum of 40% of the portfolio may be invested in Federal , Instrumentalities which are not full-faith and credit United States Government Agencies. 2. The mnximum length of maturity of any direct investment in Federal III ~~Lkc~~.~-~', f~' c~„ rk' ~'~r' a~~~~ E-r.'nr'-~~;• Inst~umentnlities is ,~a., f~~~~dr~d Qne°W ~ 3. A mnximum of 25% of the portfolio mny be invested in the II instruments of any one issuer. G. Repurchase Agreements I 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep I agreements which may go as high as 25%. ~ 2. The maximum term of a repurchnse agreement will be one (1) year, i i 3. A maximum of 10% of the portfolio mcry be invested in the ~ instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25°!a. I ~ H. Money Market Funds I 7 i ~ ~ j 1. A maximum of 80% of the portfolio may be invested in institutional money market funds. 2. Money market funds must have an "AAA" rnting from Moody's, Standard and Poor's or Fitch 3. A maximum of 25% of the portfolio may be invested in nny one money market fund t J "-M.F.']~aR ..di'1'~yy, fJ5' r r ~ Corpa`rate C~b(iQ+~`taiti~ ~ 1. ~ maxir~uttm a~` ~a% o~ ciuin}aib~~e fund` may be~ c~rc~c~k~ i~vesfed rra ~ z3 x : ~ ~ ~:orpor~i~e .obliqati~i;ns .is~ue~~ li~'~~.~riuncraL':insi'it~i~h~3ns •;`th~-t ~purtr`cipc~e.trt~ #he°"~D~C`s 7'erri~~t~a~~ ~i~q~ii~.tY Gu6ir"ar~es f~g~a~~`~- w . _ ~ , a ~ ~ ~ ~ ~ ~ tt ma~Grnt~~Qf:2`5:t~ Qf"auar~i~~i`f~fun~s~~4~: be,rrtives•teif~.wct~r ia~~yQr~e ~ssuer~ IX. RISK AND DIVERSIFICATION Assets held shal) be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought nnd sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the ~ approprinte management staff. X. AUTH~RIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices locnfied within the State of Florida and are qualified Qs public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bnnk of New York or from secondary brokers/deafers, with an office locnted in the State of Florida. Such specified brokers/dealers must be reviewed and approved by the Investment Committee and approved by the Board of County Commissioners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintnined by the Finance Director and approved by the Clerk of the Court. 8 . . - _ ' --_-j_-~---,~~ ~ 1 ~ ~ , ~ If at any time the Clerk of the Court is appropriately notified of any threat to the I ~ integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Court shall have the option to further restrict ~ investment in selected instruments, to conform to the then-present market conditions. i Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/deafers, or secondary brokers/dealers, or Qualified Public Depository ~I finnncial institutions. A written Master Repurchnse Agreement will be negotinted with any institutions with which the County through the Clerk of the Court enters into a specific ' repurchase agreement. XI. THIRD PARTY CUSTODIAl. A6REEMENTS The Clerk of the Court will execute a Third Party Custodial safekeeping Agreement , with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collnterul obtained by the Clerk of the Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in pnrt, shall be mQde from snfekeeping except by an authorized staff inember. The Third Party Custodial Safekeeping Agreement shall include letters of authority from ' the Clerk of the Court, details as to responsibilities of each party, notificotion of security ~ purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and . ' transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XII. MASTER REPURCHASE A6REEMENT The Clerk of the Court will require all approved instifiutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. Al) repurchase agreement transactions will adhere to requirements of the Mnster Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at (east 103% of the principal balnnce of the investment. The market value is to be determined on a monthly bnsis. XIII. BID REQUIREMENT Although in most situations the competitive bid process shctll be utilized, there is no obligation to secure competitive bids from nll financia) institutions nnd denler/brokers on the approved list. 9 1 Rather a decision will be made by the Cierk of the Court through the Finance Director as to the institutions that have been the most competitive over the preceding , weeks and these will be contacted for a bid. ' A. After the Clerk of the Court, through the Finance Director, has determined I the npproximate maturity date based on the cash flow needs and market conditians and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qu4fified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 1. Bids will be held in confidence until the highest bid is determined and awarded. ' 2. Documentation will be retained for all bids, with the winning bid cleQrly identified. 3. If for any renson the highest interest rate bid was not selected, then the reasons leading to thnt decision will be clearly indicated on the bid form. 4. If the maturing investment is funds to be invested are from a . certificate of deposit, the present holder of the funds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certnin circumstances where a deuler or bank informs the County of a potential snle thnt must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Court will have final npproval an these pctrticular transnctions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions (banks and/or savings and loan associations) within St. Lucie County oppartunities to enhance the economy of the local urea, certificates of deposit may be purchased from an institution as described in Section V.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section V.F. 10 . - - - . c. The institution awarded the bid is subject to the portfolio limitntion requirements and may not exceed said limitations. d. Banks/savings and loan associntions included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. XIV. INTERNAL CONTROLS The Clerk of the Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as part of any financinl audit periodically required of the unit of local government. Such internnl controls shall consist of the following: A. All securities purchased or sold will be transferred only under the °delivery versus payment" (D.V.P.) method to ensure thut funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shal) fully describe the various obligations or securities held. The receipt or confirmation shall stnte that the investment is held in the nnme of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and , wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and nnnual, shall be done by the Finance Director. H. There will be an avoidance of no bearer-form securities. I. There will be no physical delivery of securities. il J. There will be specific fimitations regarding securities losses and remedial action sh411 be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the vnrious controls and security provisions for making and receiving wire transfers shnll be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shctlf be mnintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment. activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director und Clerk of the Court investment activity must be approved by their designee and Iater approved by the Finance Director or Clerk of the Court. O. The following positions are designated by the Clerk of the Court as having the authority to initiate all investment activities: 1. Clerk of the Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Court ' P. All officials responsible for making investment decisions, or the Finance Director, shall complete 8 hours of continuing education annually in subjects or courses of study relnted to investment practices and products. Q. Such additional internal controls as established by the Clerk of the Court. ' 12 ~ AGENDA REQUEST ~ TM~ ~ - ITEM NO: X ~~t~ DATE: March 24, 2009 ~ REGULAR [X] ~ ~ r ~ PUBLIC HEARING [ ] _ . CONSENT I ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jessica Parrish, Housing Manager SUBJECT: Board direction on the level of funding for the Hurricane Housing Recovery (HHR) assistance for the MSBU program. BACKGROUND: See attached Memorandum No. 09-166. FUNDS AVAIL: 189201-6420-335510-600 (HHR) PREVIOUS ACTION: On July 12, 2005, the Board approved Resolution No. 05-280 to adopt the Housing Assistance Plan for the HHR program. RECOMMENDATION: Staff is seeking Board direction on the level of assistance for the MSBU program. ApprOVed 3-2 (comm. COMMISSION ACTION: CONCURRENCE: Grande and Comm. Lewis voting No) [>CJ APPROVED [ ] DENIED - ' Motion to accept the advisory ~ ( ] OTHER committees recommendation on the term of the loan and that we Faye W. Outlaw, MPA Increase the contribution for COUnty A(lminlst~at01' very low and low-income category from 50 to 75%. County Attorney: x'd Management & Budget x ~ Purchasing: Daniel S. Mtlntyre/Heathe ` oung ~,~y~~ ~ Sophia Holt ~ Originating Department• x~~ Other. Other: Beth Ryder ~ ~ ~ - COMMUNITY SERVICES ~ ' ~ ~ ~ MEMORANDUM #09-166 TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Hurricane Housing Recovery Pro Assistance DATE: March 24, 2009 At recent meetings, the Board has had discussion about the assessments for the Sunland Gardens Municipal Services Benefit Unit (MSBU) Program. The assessments are eligible for funding under the County's Hurricane Housing Recovery (HHR) Program. In addition to MSBU assessments, the HHR Program also provides down payment, housing rehabilitation, foreclosure prevention, rental assistance, construction development and water and sewer assistance to very low to moderate income residents. The HHR is a state-funded program which began in 2005 in response to the 2004-2005 hurricanes. It was approved as a one time funded Program and is not expected to be renewed when the current funds are expended. Under the current HHR Program guidelines, the assistance for the MSBU assessment is provided as follows: • Zero percent interest rate loans with a 30-year term. • 50% of the assessment for very low and low-income clients. • Loans are deferred payments and no monthly payments are required. • Full repayment of the loans if the property is sold prior to the end of the 30-year term. Many of the Sunland Garden residents have expressed concern about the financial hardship they are facing with paying the MSBU assessment. In turn, Commissioner Dzadovsky has indicated a desire for the County to explore whether or not the level of assistance can be increased for very low to low income residents and expanded to include moderate income residents in order to mitigate the apparent financial hardship faced by the Sunland Garden residents particularly given the current economic downturn. Commissioner Dzadovsky is supporting modification of the HHR Program to provide up to 100% assistance of the MSBU assessment for very low to low income residents, 50% assistance of the MSBU assessment for moderate income residents and to modify the deferred payment loan terms on a graduated basis as follows: • 5 year term for assistance under $15,000 • 10 year term for assistance between $15,001 and $40,000 • 5 year term for assistance between $40,001 and $60,000; and On March 17, 2009, the Affordable Housing Assistance Committee (AHAC) reviewed the proposed changes to the HHR program. The AHAC made a recommendation in support of the proposed change to the loan terms as indicated above. However, they did not support increasing the percentage of financial assistance provided for water and sewer assistance above the current 50% level for low and very low income residents ~ COMMUNITY SERVICES • • ~ • - MEMORANDUM #09-166 Revised TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Hurricane Housing Recovery Program Assistance DATE: March 24, 2009 At recent meetings, the Board has had discussion about the assessments for the Sunland Gardens Municipal Services Benefit Unit (MSBU) Program. The assessments are eligible for funding under the County's Hurricane Housing Recovery (HHR) Program. In addition to MSBU assessments, the HHR Prog~am also provides down payment, housing rehabilitation, foreclosure prevention, rental assistance, construction development and water and sewer assistance to very low to moderate income residents. The HHR is a state-funded program which began in 2005 in response to the 2004-2005 hurricanes. It was approved as a one time funded state program and is not expected to be renewed when the current funds are expended. Under the current HHR Program guidelines, the assistance for the MSBU assessment is provided as follows: • Zero percent interest rate loans with a 30-year term. • 50°~ of the assessment for very low and low income clients. • Loans are deferred payments and no monthly payments are required. • Full repayment of the loans if the property is sold prior to the end of the 30-year term. Many of the Sunland Gardens residents have expressed concern about the financial hardship they are facing with paying the MSBU assessment. In turn, Commissioner Dzadovsky has indicated a desire for the County to explore whether or not the level of assistance can be increased for very low to low income residents and expanded to include moderate income residents in order to mitigate the apparent financial hardship faced by the Sunland Gardens residents particularly given the current economic downturn. Commissioner Dzadovsky is supporting modification of the HHR Program to provide up to 100% assistance of the MSBU assessment for very low to low income residents, 50% assistance of the MSBU assessment for moderate income residents and to modify the deferred payment loan terms on a graduated basis as follows: : • 5 year term for assistance under $15,000; • 10 year term for assistance between $15,001 and $40,000; and • 15 year term for assistance between $40,001 and $60,000. On March 17, 2009, the Affordable Housing Assistance Committee (AHAC) reviewed the proposed changes to the HHR program. The AHAC made a recommendation in support of the proposed change to the loan terms as indicated above. However, they did not support increasing the percentage of financial assistance Memorandum No~~p9~~ ~ March 24, 2009 ~ . ~ r Page 2 provided for water and sewer assistance above the current 50% level for low and very low income residents in an effort to ensure that as many residents as possible could be assisted. AHAC did recommend that financial assistance be made available to moderate income residents at the 50% level if funding were available after all low and very low income clients were assisted. MSBU assistance is eligible as part of the HHR Program housing rehab activity which has a balance of $443,000. The $443,000 must be expended by June 30, 2009. The MSBU assistance would be prepaid at the discounted assessment amount of $5,194.10 rounded to $5,200. Using HUD guidelines that estimate 20°~ of the residents will qualify as very low and low income clients, approximately 114 residents in Sunland Gardens are potentially eligible for assistance. All 114 residents could be provided assistance from the $443,000 at 50°~ of the assessment or $2,600. If the MSBU assistance were increased to 100% of the assessment or $5,200 for very low to low income residents, the $443,000 would be sufficient to cover only 85 of the 114 residents. At this point, Community Services has received 28 completed applications from very low to low income residents. All of the applications have been approved. Staff anticipates receiving an additional 22 applications from very low to low income residents which would bring the total to 40 eligible households. Based on a total of 40 eligible very low to low income residents, the MSBU assistance at $50~ would be $104,000 and at 100%, the assistance would be $208,000. It is a policy decision of the Board to maintain the current level of MSBU assistance for very low to low income residents at 50% or to increase it to up to 100% as well as to expand the program to include assistance to moderate income residents at 50~. Staff's intent is to utilize all HHR funds to avoid the potential of returning funds back to the State and to minimize the need to request an extension from the State. The County is in the first one-year extension to expend the HHR funds and may request a second one-year extension if need be. Staff is closely monitoring the one remaining HHR funded activity and if need be plan to bring a request for approval to ask for a second one-year extension from the State to complete that activity. Should the extension be granted, the remaining HHR funds would have to be expended by June 2010 or be returned to the State. Staff is seeking Board direction on the level of assistance for the Sunland Gardens MSBU assessment program. The application deadline for the MSBU Program has been extended to April 15, 2009. Based on the action of the Board, the appropriate Resolution to modify the HHR Program will be brought back for approval at the April 7`h Board meeting. .r'' r Memorandum No. 09-166 March 24, 2009 Page 2 in an effort to ensure that as many residents as possible could be assisted. AHAC did recommend that financial assistance be made available to moderate income residents at the 50% level if funding were available after all low and very low income clients were assisted. MSBU assistance is eligible as part of the HHR Program housing rehab activity which has a balance of $443,000. The $443,000 must be expended by lune 30, 2009. The MSBU assistance would be prepaid at the discounted assessment amount of $5,194.10 rounded to $5,200. Using HUD guidelines that estimate 20% of the residents wilf qualify as very low and low income clients, approximately 114 residents in Sunland Gardens are potentially eligible for assistance. All 114 residents could be provided assistance from the $443,000 at 50% of the assessment or $2,600. If the MSBU assistance were increased to 100% of the assessment or $5,200 for very low to low income residents, the $443,000 would be sufficient to cover only 85 of the 114 residents. At this point, Community Services has received 28 completed applications from very low to low income residents. All of the applications have been approved. Staff anticipates receiving an additional 22 applications from very low to low income residents which would bring the total to 40 eligible households. Based on a total of 40 eligible very low to low income residents, the MSBU assistance at $50% would be $104,000 and at 100%, the assistance would be $208,000. It is a policy decision of the Board to maintain the current level of MSBU assistance for very low to low income residents at 50% or to increase it to up to 100% as well as to expand the program to inctude assistance to moderate income residents at 50%. Staff's intent is to utilize all HHR funds to avoid the potential of returning funds back to the State and to minimize the need to request an extension from the State. The County is in the first one-year extension to expend the HHR funds and may request a second one-year extension if need be. Staff is closely monitoring the one remaining HHR funded activity and if need be plan to bring a request for approval to ask for a second one-year extension from the State to complete that activity. Should the extension be granted, the remaining HHR funds would have to be expended by June 2010 or be returned to the State. Staff is seeking Board direction on the level of assistance for the Sunland Gardens MSBU assessment program. The application deadline for the MSBU Program has been extended to April 15, 2009. Based on the action of the Board, the appropriate Resolution to modify the HHR Program will be brought back for approval at the April 7t" Board meeting. ~ ~ G~ r--~ Appendix A- Income Limits Schedule 7 s ~ < < ~O ~ ~ W ~ 2 Z 2 = M C ~ ~ ~.~s° r• g < < r~x e= 3 ~ _ ~ ~ o ; .s° x 0 3~~ J i Q Q Q ~ ~ Z 2 Z 1fi t~D t~9 N~ O m O t0 N~ O C^'f ~ t~D O N N O~ b ~~!f N T 1~0 C~'f O g N O t~0 ae ~ ~o r~ eq ~n ~ m h o~n ~ i. o o ~o ~n m a~ ro ~ r~ a e~ ey i. K i. r3 w n ~ O O N< N OI Nf ~O ? Oi O ~ Oi fV P> t0 1~ ~ff O~ I~ Of 1~ Oi O N? 1+ ~ a ~~!f 1"1 P ~ N N N N N Pf l~f ? 1f1 ae r N N N N P'f Pf l+f ? Ip p" r ~ N N N N Pf R) ? 10 Cp p1 ~a~~~~~~~~s~~~~~~~~s~~$~g~~~~~~s~sg~ A f~l f Ap CfDV l4 f~ tp ~?/~1 ~f O 1!1 PO N~y f Wy~ q Mf Ppf~ ~1 Pl N N O O~p {(Oy ~O~ Nfy N ` N N N N n~ r N• On1 p N N N N N e~'f M~ Vl • 0 ~ ~ ~ fV N N~ t~7 Pf N I~+ 01 a~ ~ M ~3t,,,s~~~~~ss~~s~~:~p~e~~~~s~~ys~~~~~~g~~~~~s p 9C $Y ~ r~ ~ N N N N t+Nf 1~'1 N ti 01 N N f~V N NI ~/f O 0~1 ~ ~ ~ N fV N N 1+f 1~f 6= O ~ ~ w Z O N O N O O O O O O O O aD O O O O O O O O O g O O O O O O O t+f ? t0 O ? Yf ~ A ~p Ui+ 4 ~ ~e ~ a a ~ ~ ~ ~ ~ ~ ~ M ~o ~ e ~ $ $ ~ Rj ~ o ~ ~ n ~7+ g a ~ uNi_ ~ S Nf {O O O! A O~ q N? 10 OD p N N p N p A p f m~ N Yf CD 1n O Oi ~E~w ~ ~ 171 ~ C N N ~V Nf f a~ ao ~ ~ N N N IV of I+f N A pr ~ ~ N N N~~ 1p ~ : g " a ~ u~i ~i " i~ ~i ~ a~+ Si g S ~ $ ~ w ~ w A w ~i $ u°~ ~ ~ ~ ,~°°i o ~ ~ a etio 8 ~ $ ~ ~ ? w ~o i. Z ~e ~ ~ } C O Pf ~ 10 aD ~ N 1ff 1~ 1"f ? A~ O~ 10 A~ OI p 17 IE OI 10 h ~/7 1"f ~ Yf t~ O Pf t0 ~ N f"7 f~f ~ O a,s ~ ~ ~ N~V N ~+f < ~O h• ~ N N~V N a 1~ cD ~ ~ ~ ~ N N N e~f O V f~ S~J ' ~ Y~~ N~' OI O N!N'1 1A ~ N 10 N 1ff IfD N I~~f N ~ O O N b O Nf O O O! ~A O~Q O O O O O . ~ Z A N IV ~ O O N N dD YI ~ O 10 N ~ T Y P! b O IA tD ~ 1O ~ ~ N~? ~ O ~~~q ~n ~ a~ eY o m.~ eq nr ~ eo u; o. q eo e~ a i. r{ Z N f N 1G ' O N N O O O O rf Yf ~O h O ? ~D N 1+1 ~ N ~ 1+f ? Yf tD ap t+l O h ~p tp ~ q ~ r N N N f'f f 10 t~ ~ ~ N lV N H f h ~ ~ ~ ~ ~ ry N ry C~ y1 ~p ~ " ~ ~~~$~a~~~~~~~~~~~~~~~~~$R~$~m~g~~sg~~ v1 C YI h O N'D Yf f~l fY ~ M f tN 10 Of ~ M1 y aD i0 O ~ fV Pf a~D O ~fl 1+1 O~ ~ ~ N N N[9 ~!f f0 ~ e~ IV N IV lrf N 1D ~ ~ ~ ~ ~ ~ N N l'~ 1f! Yf -~~~~~~°Si~~R~:~~m~~~~pg~$p~~pg~o~~~~BS~~N r' N ~ N~~ N P/ f~ O'' ei '~D ~ N fV 1'~~f N N w O' IY ' Y e0 aC ~ N~ Vf ~ ie ~ ie T• ~ ~ ~ ~ ~ 'Q ~ T• 2e ~ 3e ~ ~ ~ u~ ~ a[ Q~ 3~ x 7e ~ iR x 3e ~ ~ ~ 2t ~ o N N ~ I"f e~ m' ~ N N [~~f Pf f • m'~ N N M 1~~f ~ ~ m~ ~ a v O ~ a ~ ~ ~ Y o 0 0 ~ N ° NJ ' a~ ~ C ~ ~ ~ " ~ ~ ~j ~ ~ ~ N , ~ ~ ~ ~ N ~ J N ~ q ~ c V ~'~~w $ ~ i € t~ ~ i~ a ~ a ~ ~ Florida Housing Finance Corporation February 2~08 ~.I I AGENDA REQUEST . ,<< ~ fi ° ~ ITEM NO: XI ~ ; ? DATE: March 24, 2009 ~ REGULAR (XJ ~ ' ~ ` PUBLIC HEARING [ ] , ~.r~~~..~~:,.~ CONSENT I ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: lessica Parrish, Housing Manager SUBJECT: Resolution No. 09-079 to modify the St. Lucie County State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP). BACKGROUND: See attached Memorandum No. 09-166. FUNDS AVAII: 189201-6420-335510-600 (HHR) 185007-5420-335510-500 (FY 2007 SHIP) 185009-5420-335510-500 (FY 08 SHIP) 185010-5420-335510-500 (FY 10 SHIP) PREVIOUS ACTION: On July 12, 2005, the Board approved Resolution No. 05-280 to adopt the Housing Assistance Plan for the Hurricane Housing Recovery (HHR) Program. On November 25, 2008, the Board approved Resolution No. 08-343 modifying the SHIP LHAP. On March 10, 2009, additional modifications to the SHIP LHAP were brought before the BOCC. RECOMMENDATION: Staff recommends the adoption of Resolution No. 09-099 to modify the St. Lucie County Hurricane Housing Recovery Program (HHR) Housing Assistance Plan (HAP) and Resolution No. 09-079 to modify the St. Lucie County State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) and authorize staff to send the Modification to Florida Housing Finance Corporation for a pprova I. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED ( ] DENIED ; OTHER t~_=~ J XI- Pulled prior to Faye W. Outlaw, MPA meeting. County Administrator Coordination/Signatures County Attorney: x Management & Budget x Purchasing: Daniel 5. Mclntyre/Heather Young Marie Gouin/ Sophia Holt Originating Department: x Other: Other: Beth Ryder ~ ~ ~i~kf ~i~d+,5~g~„rr} ~gt PrPP~F~l~gPi+e%°i~~~.~°~M) _ ~~~ti~ x; ' COMMUNITY SERVICES ~ ~ . , . MEMORANDUM #09-170 TO: Board of County Commissioners FROM: Jessica Parrish, Housing Manager SUBJECT: Resolution No. 09-079 to modify the St. Lucie County State Housing Initiative Partnership Program Local Housing Assistance Plan. DATE: March 24, 2009 The State Housing Initiative Partnership (SHIP) Program is a state-funded program which began in 1992 by utilizing proceeds from the documentary stamps to fund the Housing Trust Fund. With the current housing conditions, revenues have decreased substantially. Currently the St. Lucie County Local Housing Assistance Plan (LHAP) allows for the following activities: ' • Down Payment Assistance up to $80,000; • Rehabilitation Assistance up to $80,000; o Water and Sewer Assessment assistance, including payment of MSBU assessments, at 50% of the assessment for very-low and low income clients; and • Disaster Relief Assistance up to $5,000. Under guidance from the AHAC, staff requests the Board consider approval of Resolution No. 09-079 to modify the SHIP LHAP as indicated below. • Reduce the assistance amount for rehabilitation and down payment to $40,000 and increase the Disaster Relief Assistance to $25,000. • Add Rental Development as a strategy with a maximum assistance of $150,000. This strategy will allow St. Lucie County to participate in the Low Income Tax Credit Program (LITC). This credit provides nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax liability in exchange for the development of affordable rental housing. This program has proven successful Memorandum No. 09-170 M a rch 24, 2009 Page 2 in creating affordable housing units in St. Lucie County with the development of Madison Cay. • Reduce the interest rate from 3% to 0%. • Change the deferred payment loan from 30 years to 5 years if assistance is under $15,000; to 10 years if assistance is between $15,001 and $40,000; and to 15 years if assistance is between $40,001 and $60,000. • Based on concerns of the committee members in serving the largest number of residents possible, it is recommended that the board keep the level of water and sewer assessment assistance at 50% for very low and low-income eligible residents. In addition, it was suggested that assistance for moderate residents be provided at a 50% level only after all very low and low have been assisted and if there are funds remaining in the annual cap amount for this strategy, as set by the board. RECOMMENDATION: Staff recommends the adoption of Resolution No. 09-079 to modify the St. Lucie County State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) and authorize staff to send the Modification to Florida Housing Finance Corporation for approval. AGENDA REQUEST ITEM NO. XII s` ~f g~' DATE: March 24, 2009 ~ REGULAR [X] ~ • r • PUBLIC HEARING CONSENT TO: Board of County Commissioners PRESENTED BY: _ > ~ SUBMITTED BY(DEPT): Administration Faye W. Outlaw, MPA County Administrator SUB]ECT: School Resource Officer (SRO) Programs in St. Lucie County. Presentation by Dr. Judi Miller, Chair School Board of St. Lucie County and Dr. Michael Lannon Superintendent of The School Board of St. Lucie County. BACKGROUND: Please see attached letter from Dr. ]udi C. Miller, Chair of The School Board of St. Lucie County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: CONCURRENCE: APPROVED DENIED ~---ti - . ~OTHER: goard to hold a preliminary discussion with the municipalities Faye W. ~UtIdW, MPA and further discussion at the BOCC Informal Workshop at 1:3C County Administrator p.m. Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ~ -.-'"'3'3"£M.. Lii~t ~P3~' .~~w~-~ ~i ~ COU NTY ADM I N ISTRATION ~ ' ' ' ' MEMORANDUM - TO: Board of County Commissioners FROM: Faye W. Outlaw, MPA, Coun ~a~sr ~ ~ ~ DATE: March 24, 2009 RE: School Resource Officer (SRO) Program in St. Lucie County Please see attached letter from Dr. Judi Miller, Chair of the School Board of St. Lucie County. She is requesting guidance and assistance from the Board of County Commissioners. Dr. Miller and Dr. Michael Lannon will be giving a Presentation to the Board of County Commissioners of behalf of the School Board of St. Lucie County. ~ ~ Board Members ~ D+7• a.~~r•~~°""~ Excellence in Education Dr. Judi Milier, Chairman a,.• Troy Ingersoll, Vice Chairman ~T The School Board of St. Lucie County Dr. John Carvelli Kathryn Hensley tl` 4204 Okeechobee Road Carol A. Hilson St L~ie Co~nty ; ~blic Schools Fort Pierce, Florida 34947 •(772) 429-3600 Superintendent Michael J. Lannon March 11, 2009 The Honorable Paula A. Lewis Chairman, Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: School Resource Officer (SRO) Programs in St. Lucie County Dear Chairman Lewis: The School Board of St. Lucie County has authorized me to request guidance and assistance from the Board of County Commissioners in preserving the School Resource Officer, or SRO, Programs that serve our community. As I am sure you and other Com- missioners are aware, through a series of cooperative agreements with each of our local law enforcement agencies, the School Board has secured certified officers to provide law enforcement and related services to our public schools. The SRO Programs have become an important adjunct to the core educational mission of our public school system. Equally import, however, these programs include valuable services beyond our school campuses. The SRO Programs provide law enforcement with access to vital infor- mation about the community, greatly facilitating both crime prevention and criminal inves- tigations off campus and within the community. In addition, because the programs bridge jurisdictional boundaries, they serve as a catalyst for coordination and information sharing among all of the local law enforcement agencies. In addition to supplies, off ce spacP, and relatPd suYpo*.~± fer +.he SRO Programs, the School Board historically has also provided funding equivalent to one-half of the personnel and operating expenses for officers and supervisors assigned by the participating law en- forcement agencies. In fiscal year 2008-2009, the School Board's direct funding to law enforcement agencies for all SRO Programs will be approximately $2,724,000. The Problem. All Florida School Boards have experienced drastic funding reduc- tions in recent years while expenses continue to rise: . In St. Lucie County, currently recognized revenue losses from FY 2007- 2008 to FY 2008-2009 are equivalent to a per pupil decrease of more than 2.8 percent in total funding, and a drop of $23 million in state revenues, with additional revenue cuQ~~cted by the end of the year. +y~.~ ]t~~y..~ 4' Si~L4.I " L.L.f - ~ SEAL OF ~ ~ g~ sESr cGi .'Q fINANCIAL . o ~ ~ ~ MANAGEMENT o F t~ ~ U`,..' `r~. RRACTICES :'2 i4{~~ ~ - ~r~ j t~~:^4E~, . ~,~6';~~~`ri~.~E~~ .~.~s,, ACCREDITED SYSTEM-WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of St. Lucie County rs an Equal Opportunity Agency ~ The Honorable Paula A. Lewis March 11, 2009 Page 2 . During the same period, annual operating expenses have increased substan- tially as the result of opening a new school and escalations in health insur- ance and utility costs, although the School Board has been able to offset large portions of these cost increases with conservation measures and salary and hiring freezes. . The total revenue reduction to nublic schools in St. Lucie County from FY 2007-2008 to FY 2009-2010 is now projected to be $53 million, or a cumu- lative per pupil funding loss of nearly 14 percent. Moreover, unlike the general purpose governments, the School Board does not have direct access to revenue sources outside its narrowly circumscribed authority to levy ad valorem taxes (at rates that in essence are prescribed the Legislature) and its participation in the Florida Education Finance Program (which funding is experiencing the reductions de- scribed above). An example of this revenue restriction is educational facilities impact fees: the School Board may not levy or assess directly, but must seek and obtain the cooperation of the County and the municipalities, in enacting and collecting such fees. In the face of such steep revenue losses and cost increases, the School Board is gravely concerned that it may be unable to provide funding to law enforcement agencies for SRO Programs in fiscal year 2009-2010, or at least not at the level committed for 2008- 2009. At the same time, the School Board recognizes that the SRO Programs are simply too valuable to the entire community to allow their lapse. A comprehensive, recurring funding source, or collection of sources, must be identified to assure continuation of these important law enforcement functions in fiscal year 2009-2010 and beyond. Because of the lead time necessary for all local governments to plan for the coming budget year, the School Board is bringing its concerns forward prior to making a final decision on the level of funding, if any, that it will be able to commit to the SRO Programs in 2009-2010. Potential Solutions. Simply identifying a problem to sister agencies without re- viewing alternative responses would not reflect conscientious governance. For that reason, the School Board has examined and identified a number of possibilities for covering the anticipated funding shortfall for the SRO Programs that may be worthy of consideration: . The general purpose governments could each absorb larger portions of the personnel and operating costs of the SRO Programs in the budget processes established (by the County) for the Sheriff and (by the municipalities) for the participating police departments. This alternative, however, would sim- h The Honorable Paula A. Lewis March 11, 2009 Page 3 ply shift a funding burden without identifying any corresponding offsetting revenue. . The County and the municipalities could raise additional fees, fines, sur- charges, or costs on traffic infractions, or assess additional court costs and surcharges, to cover SRO Program costs. Statutory limitations on the levels of and uses for such fees, surcl~arges, and assessments, however, may pre- vent this alternative from being a viable solution. . The County (together with the Sherif~ and the municipalities could direct that portions of the remaining proceeds of forfeited properties deposited in- to their respective special law enforcement trust funds be used for SRO Programs. To the extent not previously designated for other authorized ex- penditures, these funds likely are limited in amount and unpredictable as a recurring revenue source. . The County could establish a municipal services ta~cing unit to fund all or portions of the SRO Programs, subject to each of the municipalities enact- ing enabling ordinances, thereby allowing levy on all properties not only in the unincorporated areas but also within the municipalities of County. This alternative has an extensive "critical path" for implementation, and if it were to be considered for fiscal year 2009-2010, that process would need to begin very soon. . The County and the municipalities could implement some combination of the alternatives listed above. . The Board of County Commissioners and its staff undoubtedly will be able to identify other alternatives for consideration. Again, because any SRO Program funding solution must be in place no later than July l, 2009, to enable the general purpose governments to complete their budget processes for the 2009-2010 fiscal year, the School Board is raising the issue at the earliest practicable time. School Board's Request. For the reasons set forth above, the School Board respect- fully requests that the Board of County Commissioners consider the available alternatives for funding SRO Programs in St. Lucie County commencing in fiscal year 2009-2010. In light of the time sensitivity in implementing any solution, and the complex procedure to accomplish creation of an MSTU, but without suggesting that any particular alternative is the best or only option, the School Board also asks that the Board of County Commission- ~ The Honorable Paula A. Lewis March 11, 2009 Page 4 ers specifically address the MSTU process, including considering whether to hold a public hearing. The School Board has further authorized me to state that it will provide such pro- fessional, clerical, and other support, including appeazances as may be required before the County and the governing bodies of each of the municipalities, as necessary to implement any funding alternative that the Board of County Commissioners determines would best accomplish preservation of the SRO Programs for fiscal year 2009-2010 and beyond. Thank you for your consideration, and please advise if the Board of County Com- missioners has any question or requires additional information. Sincerely, ' Judi C. Miller Chair School Board of St. Lucie County cc: The Honorable Robert J. Benton, III Ms. Faye W. Outlaw, MPA The Honorable Patricia Christensen Mr. David L. Recor The Honorable William G. Thiess Mr. Donald B. Cooper The Honorable Ken J. Mascaza Mr. Michael J. Lannon Members, School Board of St. Lucie County MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.ora 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 March 10, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 24 and 25. B. MANAGEMENT AND BUDGEf Purchasing Division - Board approval of the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall Consider staff recommendation to approve the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall C. GRANTS 1. Staff recommends that the Board approval Work Authorization No. 3 to (Attachment 1) Contract No. C08-01-062 relating to design, engineering and permitting services for a single-lane boat ramp to be located at Little Mud Creek in Blind Creek Park. In addition, Staff recommends approval of authorization to proceed with said engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. 2. Approve an expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. The Board is also being requested to approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. The engineering, environmental, and permitting services need to be expedited to ensure the project is "shovel- ready" for a potential Federal Stimulus Program grant. Consider stafF recommendation to approve the expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. Staff also recommends the Board approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. 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 parry to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying dunng 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: March 10, 2009 Convened: 12:11 p.m. Adjourned: 12:12 p.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 Mclntyre, County Attorney, 7im David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the February 24, 2009 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting heid February 24, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 22 and 23. The Board approved Warrant List Nos. 22 and 23. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 03/20/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #25- 14-MAR-2009 TO 20-MAR-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 43,247.99 36,694.78 145122 Indian River Lagoon Wetland Restora 1,466.75 0.00 GRAND TOTAL: 44,714.74 36,694.78 ITEM NO. 111-B - _ _ DATE: 03/24/09 ! a. . • . ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED Y: ; SUBMITTED BY: Purchasing Division ~ ~ Marie . Gouin, Director SUBJECT: Board approval of the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On March 11, 2008, the Board approved the award of Bid # 08-018 and contract to Freud Jean d/b/a Coverall. RECOMMENDATION: Staff recommends Board approval of the cancellation without cause of contract C08-03- 217 with Freud Jean d/b/a Coverall COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ' ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures County Attorney (X) ~ Mgmt & Budget Purchasing (X) Daniel Melissa M Int re Simberlund Mosquito Control (X) Other FII12f1C8 for copy only if applicable) Jim avid ~ ~ _ PURCHASING DIVISION ~ Office of Management and Budget • • ~ ~ MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Management & Budget Director~ DATE: March 16, 2009 RE: Board approval of the cancellation without cause of contract C07-09-494 with Smurfit- Stone Container Corporation Backqround: On March 11, 2008, the Board awarded Bid # 08-018 and a two (2) year contract to Freud Jean d/b/a Coverall (based in Boynton Beach) for trash receptacle and scattered trash collections services for all Mosquito Control District locations/sites. Staff has issued numerous complaints against the Contractor's service and invoicing practices which do not meet the terms and conditions of the contract documents. Contractor has been given every opportunity to correct the issues but is unable to perform the services of the contract in a manner that is acceptable to the County. Under paragraph 14 (b), Default, Termination without cause, staff recommends Board approval of the 30-days written notice of cancellation. Staff will move forward with obtaining quotes. Recommendation: Staff recommends Board approval of the cancellation without cause of contract C08-03-217 with Freud Jean d/b/a Coverall MG/mrs ~ ~ AGENDA REQUEST ITEM NO. III-C-1 - ~ _ . ` = ~ ~ - DATE: March 24, 2009 ~ ~ - REGULAR ~ PUBLIC HEARING • • ~ • CONSENT [X] TO: Mosquito Control District Board SUBMITTED BY (DEPT1: MosQUito Control PRESENTED BY: James R. David. Director SUBJECT: Approval of Work Authorization No. 4(Attachment 1) to Contract No. C08-Ol - 062 relating to design, engineering and permitting services for a single-lane boat ramp to be located at Little Mud Creek in Blind Creek Park. In addition, authorization to proceed with said engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Geek at Blind Geek Park at an estimated cost of $33,800. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds for the engineering, permitting and surveying will be available in Account No. 00]-3920-552200-31004, Land Building and Infrastructure. PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends that the Board approval Work Authorization No. 4 to (Attachment 1) Contract No. C08-O 1-062 relating to design, engineering and permitting services for a single-lane boat ramp to be located at Little Mud Creek in Blind Creek Park. ln addition, Staff recommends approval of autharization to proceed with said engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Creek at Blind Creek Park at an estimated cost of $33,800. COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and A rov Is . ~ Coun Attorne : ~ ~Y Y Management & Byd e~ Purchasing: Daniel Mclntyre Marie Gouin ~ r ~~nn,~r I~jl) ~'~C~iSjl ~~fv.~,~~~+~ Originating Dept: Grants Other: / f..; ~ Other: William Hoeffner Jim David Roberta Breene ~ Finance: (Check for Copy only, if applicable _ _ • • . TO: Mosquito Control District Board From: Roberta Breene `~Q-,Q~i~, Date: March 17, 2009 Subject: Board Meeting, March 24, 2009 - Consent Agenda No. ill C 1 Work Authorization and Authorization to Proceed Blind Creek Park is located on South Hutchinson Island in St. Lucie County and consists of approximately 409 acres of coastal banier island natural communities (Attachment 2). South Hutchinson Island is bordered on the west by the Indian River Lagoon and on the east by the Atlantic Ocean. The park is identified as a Strategic Habitat Conservation Area (SHCA) by the Florida Fish and Wildlife Conservation Commission and is valued for its Beach Dune, Coastal Strand, Maritime Hammock, and Estuarine Tidal S~wamp communities. Blind Creek Park is owned by the State of Florida and the South Florida Water Management District and managed under a long term lease by St. Lucie County. The Blueway Committee Management Plan, approved by State and local governments, covers Blind Creek Park and calls far the inclusion of a boat ramp. This authorization is being sought in anticipation of receiving construction funding from matching companion grant applications to the Florida Inland Navigation District (FIND) Waterways Assistance Program and to the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program (FBIP). Recommendation: Staff recommends that the Board approval Work Authorization No. 4(Attachment 1) to Contract No. C08-O 1-062 relating to design, engineering and permitting services for a single-lane boat ramp to be located at Little Mud Creek in Blind Creek Park. In addition, Staff recommends approval of authorization to proceed with said engineering, permitting and surveying for the planned single-lane boat ramp on Little Mud Geek at Blind Creek Park at an estimated cost of $33,800. ~ f ~ Attachment 1 ~ - ~ _ _ • s • - WORK AUTHORIZATION NO. 04 CONTRACT C08-01-062 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2009, by and between the ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "District" and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on January 8, 2008, the District entered into a Consulting Agreement (Contract No. C08-01-062) hereinafter referred to as "ContracY' with the Consuttant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The District has determined that it would like to complete a project described below: Relating to Design, Engineering and Permitting Services for Boaf Launch(s) to be located at Little Mud Creek in Blink Creek Park (hereinafter referred to as "the ProjecY'.) 2. SERVICES: The District has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C08-01-062). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 ? 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total amount of thirty-three thousand eight hundred and 00/100 dollars ($33,800.00), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written notice to proceed, and shall complete all work by as further described in Exhibit "C". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the District invoking all rights and remedies thereof. d. Where any deductions from or forteitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the following dates. MOSQUITO CONTROL DISTRICT ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Page 2 of 2 ~ EXHIBIT A SCOPE OF SERVICES For the purpose of this scope, it is agreed that the proposed boat and kayak ramps will qualify for a Florida Department of Environmental Protection (FDEP) Noticed General Permit (62-341.417 F.A.C.) and a Nationwide Permit #36 by the U.S. Army Corps of Engineers (ACOE). Based on our discussions with the St. Lucie County Mosquito Control District (District), we understand that you would like the Consultant to evaluate two boat/kayak ramp locations at Little Mud Creek. One potential location is west of A 1 A and the other location is east of A 1 A. One ramp is anticipated to be a boat ramp and the other a kayak ramp. We understand that the boat ramp will be approximately 15 feet wide and 60 feet in length. The current location where boats are offloaded into the water (west of A 1 A near the bridge over Little Mud Creek) is assumed to have sufficient depth for hoats to unload/load from trailers and navigate the waterway. Upland excavation will be performed as necessary to install/construct the boat ramp. Minor dredging, permittable under the above mentioned permits, may be required. Task 1 - Field Reconnaissance The Consultant will review readily availabie aerial photography, previously prepared plans and documentation provided by the District to expedite the field reconnaissance. The limits of vegetation at the proposed boat/kayak ramps will be approximated and noted on an aerial photograph in the field. The Consultant will assess the area of the boaUkayak ramps and dock (for the boat ramp) for submerged aquatic vegetation (SAV). SAV and mangrove location and density will be noted on aeria] photography. This data will be included in the Noticed General Permit application. Task 2- Survey The Consultant will establish the following for each proposed location: Horizontal and Vertical Control points for the project site; location of ground elevations 60'x40' + South of edge of water, mean high water line (MHWL), underwater ground elevations 30'x40' + North of edge of water and existing topographic features. All elevations will be on the NAVD 1988 Datum. The Consultant will draft a Special Purpose Survey or Exhibit which includes MHWL location and elevation, spot elevations and topographic features. The Consultant will submit a MHWL approval form and survey to FDEP for approval. Task 3- Project Coordination The Consultant will coordinate with representatives from the Florida Department of Transportation (FDOT) to discuss the boat/kayak ramp locations and approximate setbacks from the FDOT right-of-way or structures on AIA. Task 4- Environmental Resource Permit (ERP) application The Consultant will prepare Section A and B of the ERP application and 8.S'xl l"exhibits associated with the submittal: • Location map • USGS Quadrangle map • Vegetation map (FLUCFCS) A. Conceptual Design. The Consultant will prepare schematic plans of the proposed waterfront facilities based on the concept plans. Schematic layout plans shall be prepared for Client review and approval. The layout plans will indicate the location of the boat and kayak ramp and the dock. B. Engineering Design. The concept plan will be revised to a design intent level for permitting. Task S- Post Submittal Coordination The Consultant will coordinate with the FDEP and the ACOE and respond to one (1) RAI from the FDEP and the ACOE. The Consultant will attend one (1) field visit with the FDEP and one (1) field visit with the ACOE. The Consultant will prepare a final inspection form which will include one (1) site visit. Construction phase services can be provided as an additional service. SERVICES NOT INCLUDED Any other services, including but not limited to the following, are not included in this Agreement. • Construction and post construction services not included in this scope of work ~ EXHIBIT C SCHEDULE The Consultant will provide our services as expeditiously as practicable to meet the following schedule. Task Time to Complete from Notice to Proceed (NTP~ Task I- Field Reconnaissance- within three weeks after NTP Task 2- Survey- within two weeks after NTP Task 3- Projecf Coordination -within three weeks after the completion of Tasks i and 2 Task 4- Environmenta! Resource Permit (ERP) application - within three weeks after the completion of Task 3 Task S- Post Submittal Coordination-within two weeks after the receipt of the request for additional information (RAl). Site visits will be based on the schedule of the FDEP and ACOE reviewers. Within two weeks of the project being deemed substantially complete by the contractor, we will conduct a final site visit and prepare the inspection report. M:U~i1SC\PROPOSALUCS~ST LUCIE COUNTY~MOSQUITO CONTROL~I,ITTLE MUD CREEIC~I,ITTLE MUD PROPOSALU.ITTLE MUD CRK BOAT RAMP 12 15 OS DOC ~ v ~ AGENDA REQUEST ITEM NO. III-C-2 DATE: March 24, 2009 ~ REGULAR ~ ' ~ ' PUBLIC HEARING CONSENT [X] T0: St. Lucie County Moaquito Control Board PRESENTED BY: SUBMITTED BY (DEPT): Grants / Disaster Recovery Bill Hoeffner Director SIIBJECT: Approve an expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. The Board is also being requested to approve Work Authorization No. 3 to Contract C08-O1-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. Impoundment 14C wetlands border the Indian River Lagoon and are located immediately north of the Florida Atlantic University Harbor Branch campus and extend north to the Indian River County line. The engineering, environmental, and permitting services need to be expedited to ensure the project is "shovel- ready" for a potential Federal Stimulus Program grant. BACRGROUND: See attached memorandum FUNDS AVAIL.: $52,300 for the engineering, environmental, and permitting services is available in Account 145-9910-599300-800 (Reserves). PREVIOUS ACTION: N/A RECONaKENDATION: Staff recommends the Board approve the expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. Staff also recommends the Board approve Work Authorization No. 3 to Contract C08-O1-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. COI~iISSION ACTION: CONCURRENCS: APPROVED [ ] DENIED [ OTHER: Approved 5-0 ^ ~ Faye W. Outlaw, MPA County Administrator Coordination/Si natures County Attorney: F~ Mgt & Budget: Moequito Control Daniel McIntyre Taw aa Johnson J ea David Originatiag Dept: Other: w liam Hoeffner Meliesa S~mb rland ~ / Marie Gouin ~ ST. LU C I E CO U NTY M~~ GRANTS / DISASTER RECOVERY • • ~ • DEPARTMENT MEMORANDUM To: St. Lucie County Mosquito Control District Board From: Bill Hoeffner, Grants Disaster Recovery Director Date: March 24, 2009 Subject: Consent Agenda Item III-C-2 This agenda item is to request Board approval for an expenditure of $52,300 for engineering, environmental , and permitting services for the restoration of Impoundment 14C wetland. The Board is also requested to approve Work Authorization No. 3 to Contract C08-01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. These services need to be expedited to ensure the project is "shovel-ready" for a potential Federal Stimulus Program grant. Work Authorization No. 3 is attached to this memorandum, consists of eight pages, and includes Exhibits A, B, and C. Impoundment 14C contains the last significant wetland bordering the Indian River Lagoon that has not yet been re-connected to the Lagoon. The wetland is located immediately north of the Florida Atlantic University Harbor Branch campus and extends to the Indian River County line. Please see attached map of the wetlands (Attachment 1). The wetland spans eight land parcels. Land acquisition of the four southern parcels is currently in progress using Florida Forever, Florida Communities Trust, and South Florida Water Management District (SFWMD) grants and should be completed by the middle of June 2009. Management control of the four northern parcels will be secured through a conservation easement given to the SFWMD and a management agreement with SFWMD and the land owner. Restoration of Impoundment 14C will involve removing berm material that has spilled into the wetland, rebuilding and stabilizing the berm that borders the Lagoon, installing pumps and culverts to control the flow of water in and out of the wetland, removing exotic plants, and replanting with native species. If funding and the grant allows, recreational components to include boardwalks and observation piers will be,included in the project. If feasible, it is also planned to use solar energy or other energy saving mechanisms to power the pumps. It is estimated the cost of the restoration, the recreational structures, and the alternative energy measures is $2,500,000. Full funding for these costs is potentially available through the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant Program from which St. Lucie County is applying for a grant. The NOAA Coastal and Marine Habitat Restoration Project Grant Program is part of the Federal Economic Stimulus Program and requires no local matching funds. ~ To secure grant funding of $2,500,000 for the wetland restoration through the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant Program; engineering, environmental, and permitting services must be completed by the end of June 2009. The estimated cost of the engineering, environmental and permitting services is $52,300. - ~ Staff Recommendation: Staff recommends the Board approve the expenditure of $52,300 for engineering, environmental, and permitting services for the restoration of Impoundment 14C wetland. Staff also recommends the Board approve Work Authorization No. 3 to Contract C08- 01-062 with Kimley Horn and Associates to provide the engineering, environmental, and permitting services. . , .~-r.:~.~~:~.f~~ _.y_ H~ r~~r ~ra r~ ~I~ V1~~tl~ n d~ o a z o a a.a n~ t_ 0 Harba' B~anc~ P ar~l A ril 3 20 C7 ~i ~ - ; . : ~ . . ~ _ . ~9h~at~.~~~~ ~t ~e-~o_ ~ ~ ' _ ' _„'V_ F_ _ WORK AUTHORIZATION NO. 03 CONTRACT C08-01-062 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2009, by and between the ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "DistricY' and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter referred to as the "ConsultanY'. WITNESSETH: WHEREAS, on January 8, 2008, the District entered into a Consulting Agreement (Contract No. C08-01-062) hereinafter referred to as "ContracY' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The District has determined that it would like to complete a project described below: Master Planning Assistance related to the infrastructure, conservation, recreafion and open space, landscape, transportation capital improvements, and coasfal management elements for the Florida Atlantic University Harbor Branch Campus. (hereinafter referred to as "the Project".) 2. SERVICES: The District has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C08-01-062). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services Page 1 of 3 ~ , attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perForm all services as described in the attached Scope Of Services shall not exceed a total amount of fifty-two thousand three hundred and 00/100 dollars ($52,300.00), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written notice to proceed, and shall complete all work as further described in Exhibit "C". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the District invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the following dates. MOSQUITO CONTROL DISTRICT ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 EXHIBTT A SCOPE OF SERVICES As we discussed, Kimley-Horn and Associates, Inc. is providing master planning assistance related to the infrastructure, conservation, recreation and open space, landscape, transportation capital improvements and coastal management elements for the Florida Atlantic University Harbor Branch Campus. We understand that the Harbor Branch Preserve Project (280 acres) is a land conservation and habitat restoration project. The primary goal of restoration will be to re-connect the tidal marsh community to the Indian River Lagoon. From our discussions, we have made the following assumptions for this scope of services: 1. The project will qualify for a standard general permit (SGP) to be issued by the Florida Department of Environmental Protection (FDEP). 2. The project will qualify for a Nationwide Permit of the U.S. Army Corps af Engineers (ACOE). 3. Two (2) boardwalk locations are proposed. One in the Coconut Cove parcels and one on the land acquired from Harbor Branch. We understand that disturbed wetlands exist in these parcels and boardwalks appear to be feasible. Wetland impacts may occur, but no mangrove wetland will be acceptable. If this cannot be achieved, the boardwalks will be eliminated from the project. 4. Assuming there is a feasible boardwalk location, we will assume that submerged aquatic vegetation (SA~ is located in the tidal waters and will place the gated boardwalk 6 feet above mean high water to minimize shading impacts. 5. We understand that the berm is currently being cleared of exotic invasive vegetation and the parcels can be accessed from this berm. 6. The project includes the suction dredge of approximately two (2) miles of berm overwash material. Removal of this overwash should expand and restore wetlands in these areas. 7. The project includes approximately two (2) miles berm stabilization by adding 6-12 inch cap of coquina base, geotextile fabric, and rip-rap 8. The project may require filling of wetlands to create a berm utilized by the District for maintenance 9. To restore flow to these wetlands the installation of : • twenty (20) culverts with tide gates (culverts will be placed every five hundred feet in the berm to allow for flow of water between the wetland and the lagoon); • four (4) 7,000 GPM SS electric pumps; and • two (2) 3 Hp aerators; In addition to the restoration of wetland flushing, shoreline restoration plantings and salt marsh plantings and mangrove seed broadcast are part of vegetation restoration efforts. Task 1- Resource Assessment The Consultant will review readily available aerial photography, previously prepared plans and documentation provided by the District to expedite the field reconnaissance. The Consultant will conduct a resource to identify and characterize wetland, surface water, and upland habitats (including potential sensitive habitats) on-site. The habitat types, including wetlands, will be identified on a recent aerial photograph in the field. The information will be used to prepare a habitat map using the Flarida Land Use, Cover and Forms Classification System (FLUCFCS - FDOT, 1999) containing approximate acreages, based on aerial interpretation. While in the field, the Consultant will perform a cursory wildlife survey, documenting signs of wildlife usage. The vegetation (FLUCFCS) map will depict exotic vegetation and can be utilized to plan boardwalk locations. In addition, the Consultant will submit a request to the Department of Historic Resources Master Site File to obtain information on known cultural resources within the project site and in the general vicinity of the site. The response will be included in the Environmental Resource Permit (ERP) application. The Consultant will characterize and evaluate the shoreline edge condition and nearshore. The purpose for this effort will be to identify the extent of exotic invasive vegetation for removal and the opportunity for boardwalk placement. The nearshore and adjacent submerged lands will be reviewed for submerged aquatic vegetation (SA~ and SAV will be mapped on aerial photography and will be utilized to determine culvert placement. SAV coverage will be noted by species and density of coverage. Culverts will not be located in areas of seagrasses. Task 2- Survey The Consultant will survey two (2) transects within the wetlands. Survey will be required to trim wetland vegetation in order to survey these transects. Trimming will be kept minimal and will avoid mangroves. One transect will be located approximately 3,000 feet south of the northern property line and one transect will be located approximately 3,000 feet north of the southern property line. Elevations will be taken approximately every 50 feet along each transect. A cross section of the existing berm will be surveyed approximately every 1,000 feet. A total of eight (8) cross sections will be surveyed. A signed and sealed survey will be prepared depicting the results of the survey. Task 3-Environmental Resource Permit (ERP) application The Consultant will prepare Sections A, C and E of the ERP application and 8.5"xl 1"exhibits associated with the submittal: ~ Location map • USGS Quadrangle map • Vegetation map (FLUCFCS) including SAV Consultant will prepare drawings for these the above mentioned improvements, consisting of two (2) plans of culvert locations with profiles, typical dike reconstruction details, standard pump detail, and typical boardwalk detail. These drawings will be included in the ERP application. Consultant will provide coordination with FPUA in order to get service to one common point to provide power for the pump station motor controls. The Consultant will conduct a general assessment of the ecological functions and values of the site's natural resources and the proposed restoration activities. Based upon the developed condition of all of the project locations, a functional analysis using the State of Florida Unified Mitigation Assessment Method (IJMAM) will be performed. Task 4- Post Submittal Coordination The Consultant will attend one (1) field visit with the FDEP and ACOE to review the project. KHA will coordinate with the FDEP and the ACOE and will respond to one (1) RAI from the FDEP and the ACOE. The Consultant will prepare a final inspection form for FDEP which will include one (1) site visit. Construction phase services can be provided as an additional service. Services Not Included Any other services, including but not limited to the following, are not included in this Agreement. , • Construction and post construction services not included in this scope of work. • Water quality monitoring EXHIBIT B COMPENSATION KHA will perform the Scope of Services for a lump sum labor fee of $ 52,300. EXHIBTT C SCHEDULE The Consultant will provide our services as expeditiously as practicable to meet the following schedule. Task Time to Complete from Notice to Proceed (NTP) Task 1- Resource Assessment- within 3 0 days after NTP Task 2- Survey - within 30 days after NTP Task 3- Environmental Resource Permit (ERP) application -within three weeks after the completion of Task 2. Task 4- Post Sub»rittal Coordination-within two weeks after the receipt of the request for additional information (RAI). Site visits will be based on the schedule of the FDEP and ACOE reviewers. Within two weeks of the project being deemed substantially complete by the contractor, we will conduct a final site visit and prepare the inspection report. M:UvIISC~PROPOSALVCS\ST LUCIE COUNTI'~MOSQUITO CONTROLU4C RESTORATION\14C SCOPE O1 29 09.DOCX EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.ora p7Ei ti.E~:. • ,i>, . , .t. i,. .,i _ 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 ~ I. MINUTES Approve meeting minutes from the March 10, 2009 meeting. Approve meeting minutes from the March 17, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 25 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 opportuniry 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: March 10, 2009 Convened: 12:12 p.m. Adjourned: 12:13 p.m. Commissioners Present: Chairman, Chris Craft, Doug Coward, Paula A. Lewis, Chris Dzadovsky, Charles Grande Others Present: Faye Oudaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan Mcintyre, County Attomey, ~im David, Mosquito Control Director, Don West, Pubiic Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES Approve meeting minutes from the February 24, 2009 meeting. It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting heid February 24, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 22 and 23. The Board approved Warrant List Nos. 22 and 23. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 03/20/09 ST. LUCIE COUNTY - BOARD PAGE : FZABWARR WARRANT LIST #25- 14-MAR-2009 TO 20-MAR-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 4,375.47 4,966.40 GRAND TOTAL: 4,375.47 4,966.40 i EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 17, 2009 Convened: 8:OOp.m. Adjoumed: 8:01 p.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Chris Dzadovsky, ~ Doug Coward, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowety, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, Management and Budget Director, Don West, Public Works Director, A. Millie Delgado-Feliciano, Deputy Clerk I. GENERAL PUBLIC COMMENT II. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, the vote was as follows: Nay: Coward; Aye's: Grande, Craft, Dzadovsky, Lewis, motion carried by a vote of 4 to 1. A. WARRANTS Approve warrant list No. 24. The Board approved Warrant List No. 24. B. PUBLIC WORKS 1. Artificial Reef Grant Program: Approval of Budget Resolution No. 09-OS to make funds available in Account 184104-3710-563000-39003. The Board approved Budget Resolution No. 09-05 2. Artificial Reef Grant Program: Retroactive approval for the submittal of the artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC). The Board gave retroactive approval for permission to submit a grant application to the FWC. 3. Artificial Reef Grant Program: Approval to submit an artificial reef construdion grant application to the Florida Fish and Wildlife Conservation Commission (FWC). The Board approved submitting a grant application to the FWC. C. MANAGEMENT AND BUDGEf Purchasing Division - Award of Request for Proposal (RFP) #09-009 for Lobbyist Services to Van Scoyoc Associates, Inc. The Board approved awarding RFP #09-009 for Lobbyist Services to the top ranked proposer, Van Scoyoc Associates and authorized for the Chair to sign the contract as prepared by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 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 parly to the proceedings, individuals testifying during a hearing wifl be sworn in. Any