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March 24, 2009
9:00 A.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
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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~~
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Resolution No. 09-102 - Ur in the Florid Le is ature to increase fundin for e commun based
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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.
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Consider staff recommendation adopt the attached Resolution No. 09-102 as drafted.
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• 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.
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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.
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~ ~ C. GRANTS
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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.
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• ~ 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
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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.
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END OF PUBLIC HEARINGS
REGULAR AGENDA
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IX. COUNTY ATTORNEY
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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.
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XII. ADMINISTRATION ' ~ ~~L ~ ~
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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' 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
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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.
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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
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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
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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.
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~ COUNTY ADMINISTRATION
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' • ' ~ ` 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
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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
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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
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AGRICULTURE
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MEMORANDUM
TO: Faye W. Outlaw, MPA, County Administrator
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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.
~
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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~ ~
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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
~
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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
~
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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
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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
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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
~
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Attachment 2
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
. -
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i
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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
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file://C:\Documents and Settings~Administrator~I,ocal Settings\Temp~XPgrpwise\48EOA4... 9/30/2008 ~
. !
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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:
~
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~
'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:
~ .
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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:
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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
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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
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EDWIN M. FRY, Jr., CLERK OF THE CtRCUIT COURT
SAIN7 LlIC1E COUNTY
ILE !t J01Ft 153 -~~'20U7 at 0422 PM
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- - ~ ' 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:
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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 ~
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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~
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13 ATTEST ~ APPROVED AS TO FORM
14 AND C4RRECTNESS
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19 Deputy Clerk ( County Attorney
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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
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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
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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
~
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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.
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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
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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
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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
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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
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_ . _ _
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~~`~-
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~ 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
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-
.
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~
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Appendix A- Income Limits Schedule 7
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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
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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
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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
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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
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/
Marie Gouin
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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.
. ,
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' _ ' _„'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
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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
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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