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HomeMy WebLinkAbout05-05-2009 Signed Agendas AGENDA REQUEST ITEM NO. IV-A DATE: May 5, 2009 ~ _ - ~ REGULAR [XX] _ _ _ PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Resolution No. 09-146 -Proclaiming May 9, 2009 through May 17, 2009 as "Tourism Week" in St. Lucie County, Florida. BACKGROUND: Charlotte Lombard, St. Lucie County Tourism Development Manager, has requested that this Board proclaim May 9, 2009 through May 17, 2009 as "Tourism Week" in St. Lucie County, Florida. The attached Resolution No. 09-146 has been drafted for that purpose. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stuff recommends that the Board adopt the attached Resolution No. 09-146 ns drafted. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED [ ]DENIED [ ]OTHER: ,Approved 5-0 Faye W. Outlaw, MPA County Administrator ~ q~ Review and Approvals 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 RESOLUTION NO. 09-146 . A RESOLUTION PROCLAIMING MAY 9, 2009, THROUGH MAY 17, 2009, AS "TOURISM WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Travel to and within the United States provides significant economic benefits for the nation. 2. The travel industry ranks as the fifth largest employer in the United States and among the top 10 industries of 49 states (including the District of Columbia) when measured by employment. 3. The travel industry supports the interests of. St. Lucie County, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwi I I. 4. Travel ranks as one of the largest industries in St. Lucie County in terms of revenues generated, and provided employment for over seven thousand people and generating a payroll of over one hundred twenty-eight million dollars. 5. Travel contributes to personal growth, health, professional advancement, education, cultural understanding and the enhancement of America's image around the world. 6. The United States needs a nationally coordinated travel promotion program to attract millions of new international visitors. 7. Meetings, events and incentive travel are core business functions that help companies to strengthen business relationships, align and educate employees and customers, and reward business performance. 8. Travel can serve as a catalyst to help move the national economy forward. AGENDA REQUEST ITEM NO. IV-B - i! ~ DATE: May 5, 2009 - • REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-149 proclaiming the week of May 10 through May 16, 2009 as "Water Reuse Week" in St. Lucie County, Florida. BACKGROUND: Linette Trabulsy, Media Relations/Community Outreach with South Florida Water Management District for Martin/St. Lucie Service Center has requested that this Board proclaim the week of May 10 through May 16, 2009 as Water Reuse Week in St. Lucie County, Florida. The attached Resolution No. 09-149 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-149 as drafted. COMMISSION ACTION: CONCURRENCE: (}C] APPROVED [ ]DENIED [ ]OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator ReHew and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel 5. McIntyre [ ]Road & Bridge.: [)Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 AGENDA REQUEST ITEM NO. IV-C ._;w„ - - ~ DATE: May 5, 2009 - ~ REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-158 proclaiming the May 1, 2009 as "Law Day" in St. Lucie County, Florida. BACKGROUND: Karen Emerson, Esquire, Vice President, Friends of the Rupert J. Smith Law Library, Inc., has requested that this Board proclaim May 1, 2009 as Law Day in St. Lucie County, Florida. The attached Resolution No. 09-158 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-158 as drafted. COMMISSION ACTION: CONCURRENCE: [~t~ APPROVED [ ]DENIED [ ]OTHER: J Approved 5-0 Faye W. Outlaw, MPA County Administrator //~%~(J Revlew and Aoorovals [X) County Attorney: ' [ )Management b Budget: [ Purohasin I g Daniel S. McIntyre Road ~ Bridge.: Parks b Recreation Director f) Solid Waste Mgr [ )Finance:(check for copy ony, ii applicable) Efledive 5/96 ITEM NO. VI - B1 ~ ~ ~ ~ ~ DATE: 05/05/09 • „ AGENDA REQUEST REGULAR ( ) _ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis-~ SUBMITTED BY: Airport Airport Director SUBJECT: Budget Resolution No. 09-145, Airfield Fence Obstruction Lights BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140362-4220-563000-400 (pending BOCC approval). PREVIOUS ACTION: March 24, 2009 - BOCC approval of Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. RECOMMENDATION: Board approval of Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorization for the Chair to sign as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~--!1' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coo rd i n ati o n/S i g n atu res County Attorney ( ) OMB Director ( ) p~h Budget Analyst Dan el J. McIntyre/H~,~/-~~, y~u~ Marie Gouin ~,~~hrrsoh ~r Patty Marston Originating Dept. ( ) ERD ( ) N/A AIRPORT 1 " ~ r MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: May 5, 2009 SUBJECT: Budget Resolution No. 09-145, Airfield Fence Obstruction Lights ITEM NO. VI - B1 Background: In the Phase 2 fence project completed in 2005, a fence was installed on the north side of the Runway 9/27 just south of the Fairwinds Golf Course. Placement of the fence was based on a determination by the Federal Aviation Administration (FAA) that keeping a distance of 400 feet from the runway centerline was acceptable since there was a ditch that affected the fence placement. The Florida Department of Transportation (FDOT) determined that the fence did not meet their requirements to put the fence 500 feet from the runway centerline. Initially, this 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 and FDOT agreed to provide a grant for 80% of the project costs. The project involves placing solar obstruction lights on 3,955 linear of feet of fencing. In February 2009, FDOT advised that a grant for these lights would be available this Fiscal Year, instead of the 2010 Fiscal Year. The FDOT grant, accepted by the Board per Resolution No. 09-093, includes funding $120,000 of the total project cost of $150,000. Although this project was unbudgeted this year, the $30,000 local match funds are available in 140-4210-531000-400, Professional Services. This Budget Resolution establishes the fund for the FDOT Joint Participation Agreement (JPA) #426174-1-94-01 for the installation of airfield fence obstruction lights at St. Lucie County International Airport. Recommendation Board approval of Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorization for the Chair to sign as approved by the County Attorney. ITEM NO. VI-B2 ~ ~ - DATE: 05/05/09 i AGENDA REQUEST REGULAR ( ) _ _ . PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis~~ SUBMITTED BY: Airport Airport Directof SUBJECT: Change Order No. 4 for the Second Phase of the New Runway and Taxiway BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140135-4220-563000-48006 Infrastructure 140335-4220-563000-48006 Infrastructure 140363-4220-563000-48006 Infrastructure (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 4 for Dickerson Florida, Inc. to construct the second phase of the New Runway and Taxiway Project for $212,512.41 increasing the total project cost from $3,754,411.78 to $3,966,924.19 with no change in contract time and authorization for the Chair to sign as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) 0 , p~s-f, Budget Analyst Da iel J. McIntyre /H«f~- Y• ~ Marie Gouin y'JDhnsa~-,,f~i Patty Marston Purchasing ( ) ERD ( ) Melissa Simberlund (Name) AIRPORT } r. ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: May 5, 2009 SUBJECT: Change Order No. 4 for the Second Phase of the New Runway and Taxiway ITEM NO. VI-B2 Background: The new runway and taxiway construction project located on the west side of the airport was bid in two phases based on when Federal Aviation Administration (FAA) funds became available. The first phase included the clearing and grubbing of the taxiway and runway areas and relocation of the canals. This was awarded on October 10, 2006 to Dickerson Florida, Inc., for the contract amount of $5,323,348.00. There have been a total of five change orders on this phase of the project, increasing the contract amount by $354,133.79, or 7%, for a total of $5,667,481.74. The second phase of the runway and taxiway includes grading and paving, installation of the signs and electrical work, and the construction of the service road. This phase was also awarded to Dickerson in July 2008. There have been three change orders approved for the second phase of construction. The change orders included adjustments of topsoil quantities, addition of culverts and headwalls needed for unanticipated remedial work and changes to gate widths to accommodate towing aircraft with up to a 38 foot wingspan. Also, the contractor is installing conduit and pull boxes for the FPL distribution lines. Change Order No. 4 includes the following changes that were not previously anticipated: 1) Directional bore required by FPL for the distribution lines to go under Canal 3; 2) Changes to 14 signs required due to the runway re-designations from 9U27R and 9R/27L to 10U27R and 10R/27L, respectively, and the need to increase the panel sizes due to the extra number; 3) Upgrade of the taxiway lights from the quartz lights to the more energy efficient LED lights funded by an FDOT grant accepted by the Board in April 2009. 4) Hand clearing trees in the wetland areas due to the line of sight impacts to the runway, which is required as a permit condition but was not included in the trees being removed by the Division of Forestry; 5) Dewatering required to install a headwall due to soil conditions necessitating an additional 31 days of dewatering. More detailed information is provided in Exhibit A attached. r~ ITEM NO. VI - C S _ - DATE: 05/05!09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ Donald B. West SUBMITTED BY: Public Works Administration Public Works Dir ctor SUBJECT: Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102212-3725-563000-425056 -Indian River Estates MSTU. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 1-~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. (X) ~ - ERD ( ) Don Id B. West Karen Smith _ Public Works Administration ~ . r ` ~ MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: May 5, 2009 SUBJECT: Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater ITEM NO. VI - C Background: Indian River Estates is a flood prone neighborhood directly adjacent to the Savannas State Preserve. Flooding that occurs in the neighborhood often lasts for weeks, as the adjacent Savannas water table is very high during the wet season. Since 1995, County staff has been working to design and construct a stormwater management system for this subdivision. The County has partnered with the South Florida Water Management District (SFWMD), Florida Department of~ Environmental Protection (FDEP), and the Indian River Lagoon National Estuary Program to design the project. The project is broken up into two phases: Phase 1 construction was completed in January 2009 and consists of a pump station and water retention facility. Phase 2 will consist of the stormwater collection and conveyance system. The total project cost is estimated at $8.5 million. In January 2009, the County accepted a grant from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for design of the Phase 2 project, in the amount of $116,243 (75%). If FEMA approves the design and engineering plan, an additional $4.19 million grant will be made available for construction of Phase 2. Federal grants require selection of a design firm through Request for Qualifications (RFQ) process. The County has recently modified our selection process and evaluation criteria. Staff will advertise a new RFQ specific to the Indian River Estates Project to insure compliance with Federal regulations. Previous Action: October 17, 2000 - BOCC approval of Work Authorization No. 12 with Hazen and Sawyer Engineers for Indian River Estates design & permits in the amount of $242,200. April 4, 2006 - BOCC approval of Work Authorization No. 25 with Hazen & Sawyer Engineers, for Indian River Estates Phase 1 design update in the amount of $87,810. November 27, 2007 - BOCC award of construction contract for Phase 1 to Close Construction, Inc. in the amount of $4,471,114. January 27, 2009 - BOCC acceptance of HMGP grant from FEMA in the amount of $116,243 for Phase 2 design. Recommendation: Board approval to advertise an RFQ for engineering design of Indian River Estate Phase 2 Stormwater. ITEM NO. VI-D J~~ ' ' DATE: 05/05/2009 ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Patti Raffensberger SUBMITTED BY: Parks & Recreation Recreation Manager SUBJECT: Transportation Services Agreement -School Board of St. Lucie County BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7216-544300-7102 Lincoln Park Community Center 001-7510-544300-700 Fenn Center PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Bus Transportation Services Agreement with the St. Lucie County School Board, and authorization for the Chair to sign agreement as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) (n y^ Budget Analyst ~J . Dan McIntyre ~,~i,~q~ Marie Gouin " ~ Patty Marston Originating Dept. ( ) Debra R. Brisson Parks & Recreation ~.-~.~~.~w__ ~_.w ~.3-~..ry~wa~. M E M O R A N D U M TO: Board of County Commissioners THROUGH: Debra R. Brisson, Director FROM: Patti Raffensberger, Recreation Manager DATE: May 5, 2009 SUBJECT: Transportation Services Agreement -School Board of St. Lucie County ITEM NO. VI-D Background: Annually, the Board of County Commissioners contracts with the School Board of St. Lucie County for school buses to transport Parks & Recreation Department summer camp participants to various field trip locations. Depending on the number of camp participants, the department utilizes three to five buses. This year, the School Board has proposed a three-year Agreement, effective June 1, 2009 to May 31, 2012. Per Item 6, either party can cancel the Agreement with a thirty (30) day written notice. The proposed agreement increases the cost per mile from $2.00 to $3.00, which includes fuel. The County hires School Board bus drivers as part-time, temporary summer employees to drive the buses. The employees are not eligible for, and do not receive, benefits. Last fiscal year, the total spent for bus rental, gasoline and drivers' salaries was approximately $37,600 for the 5 camps. The Recreation Division will take steps to maintain the projected budget, primarily by conducting field trips closer to the summer camps. Given the projected total expenditure that will result over the three-year period, it is necessary for the Board of County Commissioners to approve the Agreement. It will then be returned to the School Board for final signature and processing. Recommendation Board approval of the Bus Transportation Services Agreement with the St. Lucie County School Board, and authorization for the Chair to sign agreement as approved by the County Attorney. ITEM NO. VII-A ; ~ ~ ~ ~ DATE: 5/5/09 • ~ , AGENDA REQUEST REGULAR ( ) -.x PUBLIC HEARING (X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Ft. Pierce South Mine Expansion BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 19, 2005 - BOCC approved conditional use and mining approval of Ft. Pierce South Mine. March 24, 2009 - BOCC approved permission to schedule a Public Hearing. RECOMMENDATION: Board approval of the Ft. Pierce South Mine Expansion subject to the approved plans and General and Special Conditions incorporated into Addendum No. 1. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED (7 OTHER ~ J Motion to change mining permit Faye W. OutlBW, MPA Approved 5-0 addendum as stated for the County Administrator record. Coordination/Signatures County Attorney (x) Engineering (x) l~~4~~ Daniel McIntyre Michael Powley Originating Dept. (x) ERD (x) Y~ Don~ld West Yv`~~ Karen Smith Alger Ft. Pierce South Mine PH.ag Page 1 of 4 _ Engineering Division 1 t ~ MEMORANDUM TO: Board of County Commissioners E ~ THROUGH: Donald West, Public Works Director ~~t*~'~ FROM: Michael Powley, County Engineer ~'t~`~ DATE: May 5, 2009 SUBJECT: Ft. Pierce South Mine Expansion ITEM NO. VII-A Background: On March 24, 2009, the Board authorized staff to schedule a public hearing on the above mining permit application. Correspondence to all of the property owners within a one mile radius of the mine has been sent advising of the proposed expansion and the Public Hearing. Public notice has been advertised in the Fort Pierce Tribune. The proposed Ft. Pierce South Mine is located in western St. Lucie County on the south side of Indio Road. This mine received a Conditional Use approval and Mining Permit approval by St. Lucie County on April 19, 2005. It has been actively mined since this approval and remains today. Current land cover within the existing mine area includes 158.06 acres of active mining including mine pits, stockpile areas, processing/sorting equipment, recharge canals, and internal access roads, as well as two agricultural ditches totaling 5.62 acres. Current land cover within the expansion area includes 74.96 acres of grazed agricultural pasture, 1.98 acres of agricultural ditches, and two wetlands totaling 0.49 acres on- site. Mining of the approved areas and of the expansion areas will utilize all of the land within the approved Conditional Use boundaries. The expansion will be done in two phases. The first phase consists of four acres and the second phase consists of 70.88 acres. The mining process currently used will remain unchanged. The dewatering process will consist of pumps that will remove water from the excavation area to a perimeter ditch located around the two pits. The water will be circulated in a recharge ditch and kept on the property. Once the area has been dewatered, track hoes will pile the fill material before it is loaded onto trucks. During the mining operation, the annual output of material is estimated at to be about 200,000 tons or 135,000 cubic yards. As this is an active mine, no new traffic due to the expansion is anticipated. The proposed expansion project and associated activities will likely impact, the following environmental resources: • A 0.29-acre Category III wetland • Agricultural ditches totaling 1.98 acres • Potential habitat for federal and state-protected species (i.e., Wood stork, Burrowing owl, Indigo snake, Least tern, Sandhill crane, Caracara, etc.) Page 2 of 4 ITEM NO. VII-B { DATE: 5/5/2009 r I , ~ y_._ AGENDA REQUEST REGULAR - PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X j CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: f Mark Satterlee, AIC SUBMITTED BY: Growth Management Department Growth Management Director SUBJECT: Seahorse Beach Bungalows Conditional Use -Major Adjustment BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATfON: Staff recommends the BOCC approve Resolution 09-'134 finding the renovations to the Seahorse Bungalows in substantial conformity with the existing conditional use. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~l~ A roved 5-0 Motion to continue to May 19"' at Faye W. Outlaw, MPA PP 6:00 p.m. or as thereafter. County Administrator Coordination/Signatures County Attorney ( ) ~y., D~ M County Surveyor ( ) Da iel S. McIntyre ~He~v Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith Originating Dept. ~ Code Compliance ( ) ~k Satterlee s L ge ~~~~~X~~ . Growth Manage _ 1~: ~ ~ ~.~~L-°-f--~~ MEMORANDUM .jS'y~'+..'^f~~a~'G~~~s.?~..'~n~t.:b3~~'A~'K<~,~"i1. i.-rt..;-1.. TO: Board of County Commissioners FROM: Mark Satterlee, AICP, Growth Management Director DATE: May 5, 2009 SUBJECT: Seahorse Beach Bungalows Conditional Use ITEM NO. VII-B Background: The Seahorse Beach Bungalows is a 13-unit apartment conditional use on North Hutchinson Island that exceeds the currently allowed density. The use consists of two buildings sitting on 0.43 acres of land. Current density would permit only 2 residential units. The buildings were being reconstructed in 2004 and were subsequently damaged in the hurricanes that year. The subject property has been used as a hotel for many years and its original construction pre- dates much of the Land Development Code (LDC). The property owner applied for and received numerous permits to reconstruct the buildings in 2004. The structures were also damaged during that hurricane season. The structures were rebuilt in the same footprint as the existing structure. The primary difference is that one of rebuilt structures now has a pitched roof that meets hurricane code versus the original building that had a flat roof_ No new units were added and no new habitable square-footage was created during the renovation project. Several individuals appealed the County's issuance of building permits for the rebuilding to the Board of Adjustment. The appeal was based on the petitioners' assertion that issuance of the building permits effectively allowed the total reconstruction of a nonconforming structures and use. The BOA found that staff had acted properly in issuing the permits. The same individuals appealed that decision to the 19"' Circuit Court. The Court reviewed the County action in approving reconstruction of the conditional use and found that the County properly allowed reconstruction but failed to fully follow proper procedure. The Court found that the "...property is grandfathered into HIRD as a legally conforming use pursuant to... the LDC. Based upon... the LDC, a legally conforming use under Section 3.01.03 is considered a conforming use and a conditional use under the LDC.'° In the Court's reading of the LDC, it found that the amount of work done to repair and upgrade the building was in excess of what should have been approved administratively by the Building Official. This approval process was never at issue prior to the Court reviewing the case. Rather, all the approvals had been issued as building permits by the Building Official. _ ITEM NO. VII - C ~ ' = ~ --r - ~ - DATE: 05/05/09 ~ 4. I AGENDA REQUEST REGULAR - ~ ~ - - - - PUBLIC HEARING (x ) LEG. (x ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B1!' Mark Satterlee, AICP SUBMITTED BY: Growth Management Department Director SUBJECT: Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor en-ors and omissions in the existing version of the code. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-1510-534000-100 -Other contractual Services PREVIOUS ACTION: March 18, 2008 - BOCC approval of proposal from Municipal Code March 24, 2009 - BOCC approved permission to advertise this item for public hearings April 16, 2009 - P8Z recommended approval with additional non-substantive changes RECOMMENDATION: Board approval of Ordinance 09-013. COMMISSION ACTION: CONCURRENCE: APPROVED ( } DENIED OTHER L~' - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) '1c~ -r-v. ~ a'^ County Surveyor ( ) Daniel S. McIntyre%H~--~.~- y.~~~ Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith c-- Originating Dept. Mark Satterlee ~ ~ Growth Management ' - ~ t t. z ~~~~.~~T~~---~ MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Direc- Growth Management Department DATE: May 5, 2009 SUBJECT: 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. ITEM NO. VII - C Background: On March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporatian for publication of the LDC. Growth Management has received a draft of the St Lucie County LDC from Municipal Code Corporation. Staff has reviewed the draft and found it to be consistent with the existing version of the LDC and incorporates all adopted ordinances to date. In preparing the existing text and adopted ordinances for publication through Municipal Code Corporation, Growth Management and other participating departments identified numerous errors contained within the current version of the LDC. These errors include items such as incorrect department or staff titles, inconsistent formatting and incorrect section numbers. The correction of these errors is considered non-substantive. The changes necessary to correct the existing non- substantive errors will be completed through Ordinance No. 09-013. The changes are attached to Orciinance No. 09-013 as Exhibits "A° and "B°. Exhibit "Au includes changes that have been included in the draft LDC while Exhibit B includes further changes need to correct errors in the current draft. Recommendation Board approval of Ordinance 09-013. __.__..__.'.i-~~-~ ITEM NO. VII - D - - . _ - DATE: 05/05!09 ~ ~ , ~ ~ L` ~ ~ . AGENDA REQUEST REGULAR ( ) - PUBLIC HEARING (x ) LEG. (x ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Satterlee, A I SUBMITTED BY: Growth Management Department Director SUBJECT: Ordinance No, 09-012 accepting the draft St. Lucie County land Development Code (LDC) received from Municipal Code Corporation (Municode) as the official Land Development Code of St. Lucie County. BACKGROUND: On March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. Staff has reviewed the draft and found it to be consistent with the existing version of the Code and incorporates all adopted ordinances to date. FUNDS AVAILABLE: 102-1510-534000-100 -Other Contractual Services PREVIOUS ACTION: March 18, 2008, BOCC approval of proposal from Municipal Code March 24, 2009, BOCC approved permission to advertise this item for public hearings April 16, 2009 - P&Z recommended approval RECOMMENDATION: Board approval of Ordinance 09-012. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER G-~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( } 1 Ey ,E.,, - County Surveyor ( ) Daniel S. McIntyre /K~.-e2.~~- Ron Hams County Engineer ( ) ERD ( ) Michael Powley Karen Smith Originating Dept. ~ M k Satteriee _._...~~~.s~,~.:~-y~.M~^_v::s .~f-.E..,~~~yx~:~~.~.._,w:. _ Growth Management Department ~-~~Y ~ik MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Direct Growth Management D rtment DATE: May 5, 2009 SUBJECT: Ordinance No, 09-012 accepting the draft St. Lucie County Land Development Code (LDC) received from Municipal Code Corporation (Municode} as the official Land Development Code of St. Lucie County. ITEM NO. VII - D Background: In addition to adopting Ordinance 09-013 to correct non-substantive errors in the LDC prior to Municode publication, it is also advised that Ordinance 09-012 be adopted officially recognizing the "Municode" edition as the official version of the St. Lucie County Land Development Code. As stated with the companion ordinance, this official version will contain the correction of numerous errors staff has noted in the code recently and over the years. The benefits of conversion to the Municode version are numerous, and inGude: * Municode is the current industry standard for code publication in the State of Florida. Most of the city and county codes in Florida are published by Municode_ As such, most people familiar with using codes know to look on the Municode website before contacting the local jurisdiction for copies of ordinances. * Creation of a standardized code that will be maintained and updated on a regular basis. Municode will issue the County 50 code binders that will be updated on a quarterly basis. The quarterly updates will be issued for all 50 editions. The 50 binders will be issued to the Board, Administration, Planning & Zoning members, and numerous County staff. * The code will be available and maintained on-line. Further, new adopted ordinances will be available on-line shortly after being transmitted to Municode -versus the hard copies of new ordinances which will be provided quarterly. All of the above will dramatically reduce the incorrect versions of the Land Development Code being in circulation. It will also eliminate the sporadic and/or inconsistent updating of all codes. Recommendation Board approval of Ordinance 09-012. ~L"o~l1CW~1 ~L~µ~.s'~'$~L~t Eye X-'"...'~ AGENDA REQUEST ITEM NO. VII-E ® DATE: May 5, 2009 ® ~ REGULAR [ ] ~ ~ _ PUBLIC HEARING Leg. [ ]Quasi-JD [x] CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Petition for Abandonment -Public Hearing Petition to abandon a portion of North 43rd Street right-of--way Resolution No. 09-147 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 7, 2009 -Permission to Advertise a Public Hearing RECOMMENDATION: Staff recommends the Board approve Resolution No. 09-147 denying the abandonment of a portion of North 43`d Street, authorize the Chair to execute the Resolution and record the Resolution in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: [~L]. APPROVED [ ]DENIED [ ]OTHER _ - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [ ]Road and Bridge: [x] Public Works: Daniel McIntyre Don West [x] Ori matin De t: 1i%rC, ~ g~ g p [x] Engineering: [ ]Purchasing: JoAnn Riley Michael Powley AGENDA REQUEST ITEM NO. ~ DATE: May 5, 2009 ~ - • REGULAR PUBLIC HEARING [XX] CONSENT [J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Walton Road Improvement Project - St. Lucie County Economic Stimulus Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 151. COMMISSION ACTION- CONCURRENCE: [x] APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and APprovols County Attorney: Management ~ Budget ~''-h',`~ Purchasing: Daniel 5. McIntyre Gu: ~ n ~ Originating Dept. Public Works Dir: ~ County Eng.: p on Wet Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 ry~ =`v`"""'"`' INTER-OFFICE MEMORANDUM ~ - ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0522 DATE: April 27, 2009 SUBJECT: Walton Road Improvement Project - St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09-119 which provided for a list of local economic stimulus projects. The list includes the Walton Road Improvement project. Attached to this memorandum is a copy of draft Resolution No. 09-151 which, if adopted, would authorize the Walton Road Improvement project as a local economic stimulus project. The Resolution would also authorize the County Engineer to advertise for competitive sealed bids for the project. The project will create a minimum of 86 jobs. Notice of the public hearing was published in the St. Lucie News Tribune on April 29, 2009. RECOMMENDATION/CONCLUSION Staff recommends that the Board adopt Resolution No. 09-151. Respec ully submitte Danie S. McIntyr County Attorne DSM/caf Attachment AGENDA REQUEST ITEM NOM I ~~e ~ DATE: May 5, 2009 ~ 'REGULAR [XX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 09-144 -Authorization to Issue Bonds for North Lennard Rond MSBU Improvements BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 144 and authorize the Chnir_~~o sign the Resolution. COMMISSION ACTION: CONCURRENCE: APPROVED ()DENIED [ ]OTHER: Approved 4-1 - J (Comm. Grande voting No) Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ~ Management 6 Budget Solid Waste Dir.: h;e- `afTt~r(~-e- Originating Dept. ~ublic Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 Br ant Y M 111 e r Attorney s at Law 111 Riverside Avenue ~ 1 i ve Suite 260 Jacksonville, FL 32262 Tel 964.384.1264 Fas 904.388.2986 w ~i*w;.l~inol.a ~ UCtt MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA FROM: ROBERT O. FREEMAN ROBERT C. REID CAMILLE M. EVANS DATE: Apri117, 2009 RE: AUTHORIZATION TO ISSUE BONDS FOR NORTH LENNARD ROAD MSBU IMPROVEMENTS The attached resolution would authorize the County Administrator to execute a "Declaration of Official Intent" with respect to the County's planned borrowing of moneys to finance improvements within the North Lennard Road Municipal Services Benefit Units. The execution and filing of the Declaration is necessary for the County to be able to reimburse itself for project expenditures made prior to the closing of the financing for the projects. The regulations under the Internal Revenue Code of 1986, as amended, provide for the making of such declarations and further provide that the making of declarations in the absence of actual intent to borrow moneys can result in further declarations of the County being of no force and effect. Authorization to execute the Declaration is the first step in the process of advertising for bids for the projects and the borrowing of moneys to finance the projects, alas' detailed: ;in the attached. timetable: Once approval to execute the Declaration has been granted, County staff can proceed to advertise for bids for project financing and take the steps necessary to borrow the required amounts to finance the projects. Atlanta Jacksonville Miami Orlando Tallahassee Tampa • Washington, D.C. AGENDA REQUEST ITEM NO. IX - ~ DATE: May 5, 2009 _ - ~ - • REGULAR [XX] . , _ W a- ~~~~m.. PUBLIC HEARING CONSENT TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Voluntary Mining Extraction Fee Agreement -Florida Resources, LLC (Ft. Pierce South Mine) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Agreement and authorize the Chair to sign the Agreement. COMMISSION ACTION CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: ~ ~ Approved 5-0 Fnye W. Outlaw, MPA County Administrator Review and Approvals ~ JE County Attorney: t- Asst. Co. Adm. Purchasing: Daniel 5. McIntyre L ArRr1= /~,/h Originating Dept. Env. Resources Dir, County Eng.: r/-~' Karen L. Smith Michael V. Powley Finance: (Check for copy only, if applicoble) Eff. 5/96 ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • • TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-0515 DATE: April 24, 2009 SUBJECT: Voluntary Mining Extraction Fee Agreement -Florida Resources, LLC (Ft. Pierce South Mine) BACKGROUND: On May 5, 2009, the Board will consider an application filed by Florida Resources, LLC for an amendment to n mining permit filed by Florida Resources, LLC to allow for mining of an additional 75 acres. As part of the application, the Applicant has voluntarily agreed to pay a mining extraction fee which can be used for environmental enhancement and conservation programs deemed appropriate by the $oard. Attached to this memorandum is a copy of a draft Agreement between Florida Resources, LLC (Stewart Mining) and St. Lucie County. As proposed, the miner would pay a voluntary extraction fee of $.05 per ton of all mined material extracted and sold from the site, including the original site and the expansion area. The miner will guarantee that the funding will provide the County with a minimum of $150,000 within five years from the commencement date. It is estimated that the fee will generate approximately $250,000 over the life of the mining operations. The fees are being proposed in lieu of funds that would have been used by the miner for upland buffer and the perpetual maintenance and management plan for the upland buffer and lake (Conservation Easement). ~n add ~ RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Agreement and authorize the Chair to sign the Agreement. Respect ully sub fitted Daniel 5. McIntyr County Attorney DSM/cnf Attachment - - - _ _ ITEM NO. ~A ~ J - DATE: May 5, 2009 REGULAR . ~ . . _ , : ~ . • • AGENDA REQUEST ( ) - _ ~~w _ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: Erosion District PRESENTED BY: Donald B. West, P.E. SUBMITTED BY: Public Works Administration Public Works Direct SUBJECT: Artificial reef construction grant application BACKGROUND: See attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of an artificial reef construction grant application to the NOAA Coastal and Marine Habitat Restoration Program. COMMIS510N ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ,J County (X) OMB Director (X) ~ J' Attorney Budget Analyst \ ~ Du l ~ Marie Gouin Tawonna Johnson Public Works. (X) t Erosion District ~ Don Id B. West Richard A. Bouchard ~~.~~~~t _ ~ Public Works Department _ e s - MEMORANDUM TO: Erosion District THROUGH: Donald B. West, P.E. Public Works Directo~ FROM: James B. Oppenbotn; 'M Marine Resource Coordinator Public Works/Erosion District DATE: May 5, 2009 SUBJECT: Artificial reef construction grant application ITEM NO. I-A Background: The National Oceanographic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Grant is part of the Federal economic stimulus program. This grant supports the deployment of artificial reefs for the management of fisheries and the creation of recreational opportunities. The St. Lucie County Artificial Reef Program is asking for retroactive approval to apply for $1,627,520 in Federal funding to use artificial reefs in integrated coastal management including: • A one acre oyster reef restoration • A 21-acre fisheries migratory corridor • A 229-acre passive fisheries reserve • Assisting the South Atlantic Fisheries Management Council with the restoration of 120 pinnacles on the Oculina Banks • Seven new 500-ton recreational artificial reefs • Educational displays to be developed in conjunction with the Indian River State College and the Smithsonian Marine Station Last year St. Lucie County's Artificial Reef Program deployed four new artificial reefs with the assistance of a $60,000 FWC artificial reef grant and Erosion District funding. This summer the St. Lucie County Artificial Reef Program will deploy an additional three reefs with the assistance of a $33,990 supplemental FWC artificial reef grant, a $10,000 FishAmerica Foundation grant, and $143,975 in Erosion District funds. The St. Lucie County Artificial Reef Program has also applied for $60,000 in FWC funding for the 2009-2010 fiscal year to be matched with $21,275 in Erosion District funds. This funding will be used to deploy an additional four recreational artificial reefs and will be used for part of the $143,975 non-Federal match. Although no dollar match is required, the Erosion District will use the seven planned recreational artificial reefs as a partial match for the habitat enhancement reefs created with Federal funding. Recommendation Board approval of an artificial reef construction grant application to the NOAA Coastal and Marine Habitat Restoration Program. - - ~ s ~ µ . - _ _ _ ITEM NO. ~B. _ _ _ ~ ~ - - DATE: May 5, 2009 ~r_ ~ , , AGENDA REQUEST REGULAR ( ) - - PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: Erosion District PRESENTED BY: ~ Donald B. West, P.E. Public Works Directo SUBMITTED BY: Public Works Administration SUBJECT: Barge donation and deployment BACKGROUND: See attached memo. FUNDS AVAILABLE: 184-3710-563000-39003 Erosion District-Artificial Reefs-Infrastructure PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of the donation of a barge by Dredge and Marine Construction, LLC., approval of the barge donation contract, and approval of an $8,000 work authorization to McCulley Marine Services, Inc. for the towing, preparation, and deployment of the barge. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~ _ County Attorney (X) OMB Director (X) ~ P i I. ~1.,9 , i'I a-y ; ~ ~ Budget Analyst , Daniel S. Mclntyre~' Marie ouYt Tawonna Johnson Public Works. (X) ~ - - Erosion District (X) Do Id B. West Richard A. Bouchard Public Works Department J (YI ~ ~ MEMORANDUM `.SF- '3 i~: a: 15y !S S ylq?l fir: TO: Board of County Commissioners w THROUGH: Donald B. West, P.E., Public Works Director ~ '~f~° l~ R :t j FROM: James B. Oppenborn, M.~, Marine Resource Coordinator Public Works/Erosion District DATE: May 5, 2005 SUBJECT: Barge donation and deployment I-B ITEM NO. Background: Dredge and Marine Construction, LLC is offering to donate a 65-foot by 26-foot barge to the County's Artificial Reef Program. The barge will be cleaned according to U.S. Coast Guard specifications, towed to the County's North Hutchinson Island artificial reef site and sunk by McCulley Marine Services, Inc. Concrete and steel safes delivered by Food Lion, Inc. will be welded to the barge to add complexity to the structure. After the barge rests on the bottom, ownership will change to the County. All work will be done according to the attached deployment plan. The barge is likely to flip over upon deployment, creating a ledge for fish and invertebrates to use. A similar ledge reef was created by Palm Beach County using concrete materials in the 1990s. This ledge reef created habitat for fishes and invertebrates but required expensive crane placement. Attached is the contract for acceptance of the barge donation prepared by the St. Lucie County Attorney's Office. Recommendation: Board acceptance of the donation of a barge by Dredge and Marine Construction, LLC, approval of the barge donation contract, and approval of an $8,000 work authorization to McCulley Marine Services, Inc. for the towing, preparation, and deployment of the barge.