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HomeMy WebLinkAboutAgenda Packet 06-09-2009 ~ _ • iltirili~1i13tliiilii~filitii[ttlliii~tt~itltiitllililfl~tlitilfililitifjU~i~iiltiii~ltigitiiiiltili~l~~ii~Ni~{~ikiftiitllii~tlii~l~iit#itiiiitiiii{[ii~ftlii~iiiiiiiiiitliliii~ii€~~i~ilt~i~ June 9, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 06/05/09 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r~ior 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. June 9, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www. co. st-I u ci e. fl . u s www.stlucieco.org Nitiliiltiti~ftifiititiliitiiitit[~[iiiii~~iiii! N~liiiliit~iilliililltlil{~iili~iiiiiliiiliit[tliUiiiiliiillUiilliiilli~illiiiiil~iilliittiilili~iiitliliitiil~ilitiit[i[iititiu Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 ii3iiliiii~lifilliifiliiiiliUiiiiiitiii~itiililt~iii~~i~iitiliiiWiliit~ti~Yiti~ii~i~i~llii~iiiliiiiii!)~iiiiijiliiiiitHilitiiitlitii~iiiiiii~iiiiiitfiiiliiiiiiiififiiiifiiitiii(iiC~iiii~~i I. INVOCATION II. PLEDGE OF ALLEGIANCE IILA MINUTES Approve the minutes from the June 2, 2009 meeting. ~~P IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-178 -Recognizing Westwood High School Students who have designed, built y^~1~ , and installed sleeping bunks in the new Douglas M. Anderson Emergency Operations Center Consider staff recommendation to adopt the attached Resolution No. 09-178 as drafted. B. Odaly Victorio, Chair, Commerce Tourism Committee, St. Lucie County Presenting the Visitor Friendly Certification Program C. Charlotte Lombard, Tourism Development Manager Presenting the TDC 2009 Summer Promotion V. GENERAL PUBLIC COMMENT _ VI. CONSENT AGENDA I~~~~ ~ ~,.~C~ ~~~tiS A. WARRANTS Approve warrant list No. 36 B. COUNTY ATTORNEY 1. Termination of Administrative Agreement with Web-TPA, Inc., C04-10-448 Consider staff recommendation to approve the termination of Administrative Agreement Web-TPA, Inc. as of October 1, 2009. 2. Ordinance No. 09-019 -Zoning in Progress Consider staff recommendation to grant permission to advertise Ordinance No. 09-019. B. COUNTY ATTORNEY CONTINUED 3 ADDITION TO THE AGENDA -Teamsters Local Union No. 769 -Second Amendment to October 1, 2006 Collective Bargaining Agreement Consider staff recommendation to approve the proposed Second Amendment to the October 1, 2007 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chair to sign the amendment. C. PUBLIC WORKS 1. Frito-Lay Distribution Center Consider staff recommendation to approve the agreement to pay afee-in-lieu-of for construction of concrete sidewalk with China Hart, Inc. (Frito-Lay Distribution Center) and authorize the Chair to sign documents as approved by the County Attorney. 2. Road and Bridge Division -Amendment to the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). Consider staff recommendation to approve the Amendment to the Joint Participation Agreement with Florida Department of Transportation. 3. Amendment to Work Authorization No. 3 with Kimley Hom for the St. James Sidewalk Design Consider staff recommendation to approve first amendment to Work Authorization No. 3 in the amount of $6,500 with Kimley Hom and authorize the Chair to sign documents as approved by the County Attorney. D. PARKS AND RECREATION Fairgrounds 52-Acre FEMA Storm Water Management Improvements Consider staff recommendation to authorize to reallocate funds remaining after completion of the St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass Tank project to address stone water management deficiencies in the 52-acre FEMA site located at the south end of the St. Lucie County Fairgrounds. E. GRANTSIDISASTER RECOVERY Wetland Program Development Grant Application Consider staff recommendation to approve to submit a grant application to the United States Environmental Protection Agency, Wetland Program Development Grants program and authorize the Chair to sign the application. F. MANAGEMENT AND BUDGET Amendment to the St. Lucie County Health Department's budget to fund HIV/AIDS prevention services through In the Image of Christ Consider staff recommendation to approve budget amendment 09-023 and authorize to pay $20,000 to the St. Lucie County Health Department. G. COMMUNITY SERVICES 1. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification Consider staff recommendation to accept Modification Number Two to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorize the Chair to sign the modification as approved by the County Attorney. 2. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Ranking Consider staff recommendation to approve of the Applicant Ranking List to St. Lucie County CDBG DRI Supplemental Grant. 3. Housing Rehabilitation Inspection Services Consider staff recommendation to approve the award of RFP 09-026 to GFA International and Meridian Community Services Group, and authorize the Chair to sign the contracts as approved by the County Attomey. H. CENTRAL SERVICES Projects planned for FY 09/10 and FY 10/11 will be expedited in FY 08/09 through Budget Amendment No. 09-021 Consider staff recommendation to approve Budget Amendment No. 09-021 advancing $589,500 from anticipated fund balance funds to expedite FY09/10 and FY 10/11 projects in FY 08/09. Use of these funds will be offset y reductions in the funding for these projects in the year the project was originally expected to occur. I. INVESTMENT FOR THE FUTURE Renovation of Community Services OfFces Consider staff recommendation to approve to reallocate budgeted IFF funds in the amount of $300,000 for renovation of the current Community Services Department offices of 7~ St. as outlined in the agenda memorandum. J. PUBLIC SAFETY FP&L Facility Usage Agreement and Budget Resolution No. 09-179. Consider staff recommendation to approve of the FP&L Facility Usage Agreement for the new Emergency Operations Center, acceptance of Budget Resolution No. 09-179, and authorize the Chair to sign documents as approved by the County Attorney END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for June 9, 2009. ~~~S~IC'~- ~ ~ti~k~~ C ~ ~ ~ ~ ru~C REGULAR AGENDA ~ ~ ! VIII. PULLED PRIOR TO MEETING -COUNTY Ri l ORNEY e Code Enforcement Case No. 61730-5211 Silver Oak Drive, Fort Pierce, FL-Unsightly and Unsanitary Conditions Consider staff recommendation to authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it abated, including, but not limited to, killing or removing the bees, and place a lien on the property. IX. ANNOUNCEMENTS 1. St. Lucie County will hold a public workshop to provide information and gather community input on a potential inlet sand bypassing project at Fort Pierce Inlet on Wednesday, June 10 from 6-8 p.m. in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Ave., Fort Pierce. 2. The Board of County Commissioners will hold a Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. 3. The 2009 Florida Police & Fire Games will be held June 21St -27th at various venues throughout the Treasure Coast. Admission is free for all games. For details visit: www.treasurecoastsports.orq 4. The Board of County Commissioner will hold a Workshop on the LPGA Golf Tournament opportunity on Monday, June 22, 2009 at 2:00 p.m. in Conference Room #3. 5. The June 23, 2009 Informal Monthly Meeting has been rescheduled to Friday, June 30, 2009 at 1:30 p.m. in Conference Room #3. 6. The Board of County Commissioners Budget Workshops will begin Monday, July 13, 2009 and run through Friday, July 17, 2009. 7. The Board of County Commissioners will hold a Special BOCC Meeting on Friday, July 17, 2009 at 1:30 p.m. or as soon thereafter to set the 2009-2010 proposed millage. 8. The Board of County Commissioners summer recess will begin the week of July 20th and run thru July 31St. The July 21St BOCC meeting, July 28th BOCC meeting and the July 28th Informal monthly meeting are canceled. 9. The August 4, 2009 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us wwwstlucieco.org tii{tiiiiti~ilii?~itiitiitiitiii[iftlttiilhliilililiiii{tiiiUillitl~lll~I~Iliiliilii(iiliiiiliiiillitlitl~tlittiitit[itiNiiltilitlitii113iiiitiif9ifiliitttiilffliiiiiiiliiit{iiiititiiiiiiiiiiiiiiiiiiitici{ 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 Iiiiiiiiiift~iiiii~iii~t~iliiiiiUtiGiiilititltiftiilitilliUtiitliiti1111C{iiitr~tiilflittlWiiiftilliiilitittiiftiitii~iFt ~tiitilliiflliiiitliiliililiiil111iiCiliiiitiitii[ii[it~[ttitiiliitt I~ MINUTES ~ Approve the minutes from the May 26, 2009 meeting. 1"I ' w~.~ P~ II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA f,,~1 A. WARRANTS Alt"`~ A rove warrant list No. 35 and 36. ~lv/~ PP B. MOSQUITO CONTROL 1. Piggyback of Charlotte County/Aerial Adulticide Services Bid Consider staff recommendation to authorize to piggyback the January 27, 2009, Charlotte County Award of Bid for Aerial Adulticide Services -Primary Services, to Vector Disease Control, Inc. and authorize the Chair to sign documents as approved by the County Attorney. 2. Piggyback of Citrus, Collier, Manatee, Orange and Leon Counties Chemical Purchase Bids Consider staff recommendation to authorize to piggyback the December 11, 2008, Citrus County Award of Bid for Mosquito Chemicals, the March 10, 2009, Manatee County Award of Bid for Insecticides, the March 17, 2009, Collier County Award of Bid for Chemicals, the July 22, 2008, Orange County Award of Bid for Mosquito Control Insecticides, and the March 17, 2009, Leon County Award of Bid for Bti Granules, Continuing Supply, to Adapco, Inc., and to purchase the chemicals as needed. 3. Piggyback of Polk County Chemical Purchase Bid Consider staff recommendation to authorize to piggyback the April 23, 2009, Polk County Award of Bid for Chemicals and Insecticides, to Clarke Mosquito Control Products, Inc., and to purchase the chemicals as needed. 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.org ii~ii~tittt~~tii+iC[tifitiiliiiiliititii~itiii~i~ti~iilt~fitti~titititilitiifiiiiiittHti{Lliit~itiittiWilit1~11t~itiitiiiiltiliiliiii~iil[i111iiiitlitiii~ililitt~itililifiiiliiliitiiiiiit~ui~ii~i~tti 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 {iiitititl3ltil~ii~iiiittui~uiliiitiiii~iiiii[~ttti#iiii~iiitili~ll~fli[itititiiiili[ililllililliltiiilt[tii~~iiitlittdtiiiNiliit[tttitilrtiittlii~i~iiiiiiiWiiiittiiiliiiliitui(~ MINUTES i Approve meeting minutes from the May 19, 2009 meeting. A rove meetin minutes from the Ma 26, 2009 meetin . PP 9 Y 9 II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36. 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~ight (48) hours prior to the meeting. AGENDA REQUEST ITEM NO. _ ~ DATE: June 9, 2009 ~ REGULAR [XX] UNAGENDAED PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ' SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: St. Lucie County v. T&T Land -Settlement Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: The County Attorney recommends that the Board accept the counter-counteroffer where the parties would stipulate to an order of taking with a floor of $1,735,000 (the owner's purchase price) established for the ultimate compensation. The County's special counsel concurs with this recommendation. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Ou aw, MPA County Administrator 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 = ' ~ f INTER-OFFICE MEMORANDUM • ST. LUCIE COUNTY, FLORIDA TO. Board of County Commissioners County Administrator n FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-0721 DATE: June 8, 2009 SUBJECT: St. Lucie County v. T&T Land -Settlement Proposal Attached is a copy of an email stream that outlines acounter-counter proposal of settlement from the property owners. The main difference from the counter offer approved by the Board on June 2 is the floor of $1,735,000, which is $65,000 more than the Board's offer of $1,670,000. The County's appraiser, David D. Fuller, MAI, has confirmed that the proposed floor of $1,735,000 is within the range of value, The County's Airport Director has also confirmed that sufficient funds are budgeted to pay the suggested floor amount if approved. I intend to bring the item up unngendaed for discussion at the Board's June 9 meeting. For the reasons set out in my June 2, 2009 memorandum (copy attached), I intend to recommend that the Board approve the counter-counter offer. The County's special counsel concurs with my recommendation copy to: Airport Director ~ _ ' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0700 DATE: June 2, 2009 SUBJECT: St. Lucie County v. T&T Lnnd -Settlement Offer BACKGROUND: On October 28, 2008, the Board adopted Resolution No. 08-314 authorizing the acquisition of a parcel owned by T&T Lnnd, Ltd. by donation, purchase or eminent domain. Attached to this memorandum is a map. outlining the boundaries of the St. Lucie County International Airport. The property owned by T&T is outlined in yellow. The property is needed to clear the line of sight to the Air Traffic Control Tower, for providing additional security and for enhancing airport safety. In addition to adopting Resolution No, 08-314, the Board also authorized staff to make an initial offer of $1,369,750 based on the 2008 Assessed Value by the St. Lucie County Property Appraiser. In determining the initial offer, the Board was presented with the following information: Amount 1. Fair Market Value based on an appraisal dated August 27, 2008 by Harry Gray, MAI $1,200,000 2. Fair Market Value based on an appraisal dated August 27, 2008 by Daniel Fuller, MAI $1,275,000 3. 2008 Assessed Value by St. Lucie County Property Appraiser $1,369,750 4. Purchase Price paid by T&T on March 23, 2005 $1,670,000 The property owner did not accept the County's offer and the County was forced to file suit in eminent domain. The County requested the Court to allow the County to obtain possession of the property immediately by issuing an Order of Taking. The Court has held two hearings on the County's request for an Order of Taking and a third hearing is scheduled for Inter this week. SETTLEMENT OFFER Attached to this memorandum is a copy of an email dated May 28, 2009, from William P. Roney, Esq. outlining a settlement offer from the property owner. Based on the Airport's need for the property and the value information set out above, staff does not recommend that the Board accept any of the three settlement options outlined in this email. As indicated previously, the County is attempting to convince the Court to issue an Order of Taking. Given the current uncertain status of the case, the Board may want to consider making a counteroffer of settlement. If the Board determines to make a counteroffer, Staff recommends that the Board use a modified version of the third settlement option using n floor of $1,670,000 which is the purchase price paid by the property owner in March 2005. According to Daniel D. Fuller, MAI, the appraiser the County is using at the Order of Taking hearing, the value of $1,670,000 is within the upper range of value in his appraisal. According to the Airport Director, the County has sufficient funds to pay the increased amount. DISCUSSION: In any decision of whether to accept or make a settlement offer, it is appropriate to consider a "best case-worst case" scenario. In the best case scenario, the Court would enter, an Order of Taking in favor of the County and the County would acquire fee simple title by depositing the good faith estimate of value ($1,275,000) in the Court registry. The final value would be determined later by a jury unless the parties reached a settlement on value. In the worst case scenario, the Court would deny the Order of Taking. The County could appeal a denial but resolution of the appeal would take months with no guarantee of success. A possible modification to the worst case scenario would be for the Court to grant the County a lesser interest (e.g., easement) over some or all of the property than the interest (i,e., fee simple) that the County is requesting. In this event, the County would have to start the process all over again which would create further delays. It is difficult to predict what the Court will do. On the one hand, the burden of proof requirements in the case are favorable. The County is required to prove that the proposed taking is necessary for a project that is for n public purpose. Once the County meets its burden, the burden then shifts to the owner to prove bad faith or abuse of discretion. On the other hand, if the Court is not convinced that the County has met its burden, overturning the Court's decision will be difficult and time consuming. The advantage of settlement is certainty. The owners would stipulate to the entry of an Order of Taking and the County would immediately acquire the property. The disadvantage of settlement is that it is possible the County could be paying more than what n jury thinks the property is worth. If this case goes to trial, it is likely that the owners will present a value of well over $2,000,000 to the jury. Based on experience, it is more likely than not that n jury wi II determine a value somewhere between the County's proposed value and the owner's proposed value. Another factor to consider is that the owner's attorneys' fees are based in part on any increase the owner receives over the County's initial offer ($1,369,750.00). RECOMMENDATION/CONCLUSION: Based on the above, the County Attorney recommends that the Board make a counteroffer where the parties would stipulate to an order of taking with a floor of $1,670,000 (the owner's purchase price) established for the ultimate compensation. The County's special counsel concurs with this recommendation. Respectf jlly submitted, 1 j Daniel 5. McIntyre County Attorney t,, DSM/caf Attachment ---_1! ~ I ~ a 3~ a ~ n ~ ~ ~ , -Kings=Nary ~e~- P^3 ~ ~ a~ i I N ~ W i ~ i ~ I ~ ~ I ~ ~ ~ ~ 3,"sus ~ ~ C e ~ zg;~ °.,Te1 i ~ ~ i ;3.3 sg: N ~ ~ ~ ~ ( ' ~ ~ ~ ! Npa v v ~ 1 ~ I ~ ~ I ~ j ~ i ~ ' n ~Tayl'or'Dairy=Rd ~ L v, - ~ ~ ~ ~ ~ II f ~ i I r-----~- - ~ i F ~ { j ~ ~1~ 4 1 ~ ~ f ~ # I E I 1 y ~ ~ I ; ~ [ ~ ~ a ! ( SS e `7 0 ~t I ~ ~ a - ~ ' . _ I ~ , ~ r jG = ~~T~~ y ill _ 7 IFr Iq- _ 1 ~ T r - - , ~ ~ - ~ LEI?[='=_ - i Daniel McIntyre From: vance doney [vancedoneypa@yahoo.com] Sent: Thursday, May 28, 2009 1:14 PM To: Daniel McIntyre Cc: Diana Lewis Subject: St. Lucie County v T & T Land Dan, Brad Gould conveyed to me the following alternate settlement proposals: 1. Some agreement whereby T & T would keep development rights to the property, ie, lease-back or some other arrangement. A lot of details would need worked out. 2. $3,000,000.00 in full and final settlement. 3. Owner to agree to the Order of Taking with a $2,000,000.00 floor established for the ultimate compensation. Your thoughts? William P. Doney, Esq. Vance, Doney & MacGibbon, P.A. 1665 Palm Beach Lakes Boulevard The Forum, Suite 610 West Palm Beach, FL 33401 561-684-5544 X61-684-0833 (fax) The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. i J = • liiiitiiiiilUtiWiCiiiiitiiiiiiiliiiitNtit[itiiltlliCii[i~iiititliftiiiiitiiiti~til~iHflll~illlN~Ilil~iitiiiliiHiitlliiitltiil~Ii~iilftllliii~ii~~iiiiiiiiii[t~liliiiii(~fi3tiii~it~ii~itt~iliiiiii~i June 9, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 06/05109 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 r~ior 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 respecttul 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. June 9, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www. co. st-I u ci e. fl. u s www.stlucieco.org ii~lii~ii~i[!(iiflliiiillililliiiiltililitiiiiiiii~itiiit~i~iitiiiiiiliiittiiililiiiiiiiiiUlNiiliitiliiiliiiiiiti~ilifiiiiBlilliiiiiiiiiiiit~~ii~i~iiiiilii~iiili~i~[~iiititliiituwiu~~~~ult~tl~ Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 ~iitiititiUi{ittitilli~iiiittiiliiiiill(Itiitiiiiiiti€t~tYit~iill~lii[titi its iilUll[t~ti{i~liilillL[t~iii#liii~iii3tiiiiiiiilitiiiiiilli~~iii~ittlitiii~Liiiii I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 2, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-178 -Recognizing Westwood High School Students who have designed, built and installed sleeping bunks in the new Douglas M. Anderson Emergency Operations Center (EOC). Consider staff recommendation to adopt the attached Resolution No. 09-178 as drafted. B. Odaly Victorio, Chair, Commerce Tourism Committee, St. Lucie County Presenting the Visitor Friendly Certification Program C. Charlotte Lombard, Tourism Development Manager Presenting the TDC 2009 Summer Promotion V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 36 B. COUNTY ATTORNEY 1. Termination of Administrative Agreement with Web-TPA, Inc., C04-10-448 Consider staff recommendation to approve the termination of Administrative Agreement Web-TPA, Inc. as of October 1, 2009. 2. Ordinance No. 09-019 -Zoning in Progress Consider staff recommendation to grant permission to advertise Ordinance No. 09-019. B. COUNTY ATTORNEY CONTINUED 3. ADDITION TO THE AGENDA -Teamsters Local Union No. 769 -Second Amendment to October 1, 200fi Collective Bargaining Agreement Consider staff recommendation to approve the proposed Second Amendmen# #o the October 1, 2407 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chair to sign the amendment. C. PUBLIC WORKS 1. Frito-Lay Distribution Center Consider staff recommendation to approve the agreement to pay afee-in-lieu-of for construction of concrete sidewalk with China Hart, Inc. (Frito-Lay Distribution Center) and authorize the Chair to sign documents as approved by the County Attomey. 2. Road and Bridge Division -Amendment to the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). Consider staff recommendation to approve the Amendment to the Joint Participation Agreement with Florida Department of Transportation. 3. Amendment to Work Authorization No. 3 with Kimley Hom for the St. James Sidewalk Design Consider staff recommendation to approve first amendment to Work Authorization No. 3 in the amount of $6,500 with Kimley Hom and authorize the Chair to sign documents as approved by the County Attomey. D. PARKS AND RECREATION Fairgrounds 52-Acre FEMA Storm Water Management Improvements Consider staff recommendation to authorize to reallocate funds remaining after completion of the St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass Tank project to address storm water management deficiencies in the 52-acre FEMA site located at the south end of the St. Lucie County Fairgrounds. E. GRANTSIDISASTER RECOVERY Wetland Program Development Grant Application Consider staff recommendation to approve to submit a grant application to the United States Environmental Protection Agency, Wetland Program Development Grants program and authorize the Chair to sign the application. F. MANAGEMENT AND BUDGET Amendment to the St. Lucie County Health Department's budget to fund HIV/AIDS prevention services through In the Image of Christ Consider staff recommendation to approve budget amendment 09-023 and authorize to pay $20,000 to the St. Lucie County Health Department. G. COMMUNITY SERVICES 1. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification Consider staff recommendation to accept Modification Number Two to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorize the Chair to sign the modification as approved by the County Attomey. 2. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Ranking Consider staff recommendation to approve of the Applicant Ranking List to St. Lucie County CDBG DRI Supplemental Grant. 3. Housing Rehabilitation Inspection Services Consider staff recommendation to approve the award of RFP 09-026 to GFA International and Meridian Community Services Group, and authorize the Chair to sign the contracts as approved by the County Attomey. H. CENTRAL SERVICES Projects planned for FY 09/10 and FY 10/11 will be expedited in FY 08/09 through Budget Amendment No. 09-021 Consider staff recommendation to approve Budget Amendment No. 09-021 advancing $589,500 from anticipated fund balance funds to expedite FY09/10 and FY 10/11 projects in FY 08/09. Use of these funds will be offset y reductions in the funding for these projects in the year the project was originally expected to occur. I. INVESTMENT FOR THE FUTURE Renovation of Community Services Offices Consider staff recommendation to approve to reallocate budgeted IFF funds in the amount of $300,000 for renovation of the current Community Services Department offices of 7~h St. as outlined in the agenda memorandum. J. PUBLIC SAFETY FP&L Facility Usage Agreement and Budget Resolution No. 09-179. Consider staff recommendation to approve of the FP&L Facility Usage Agreement for the new Emergency Operations Center, acceptance of Budget Resolution No. 09-179, and authorize the Chair to sign documents as approved by the County Attomey END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for June 9, 2009. REGULAR AGENDA VIII. PULLED PRfQR TD MEETi~VG -COUNTY ATTORNEY Code Enforcement Case No. 61730-5211 Silver Oak Drive, Fort Pierce, FL-Unsightly and Unsanitary Conditions Consider staff recommendation to authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it abated, including, but not limited to, killing or removing the bees, and place a lien on the property. IX. ANNOUNCEMENTS 1. St. Lucie County will hold a public workshop to provide information and gather community input on a potential inlet sand bypassing project at Fort Pierce Inlet on Wednesday, June 10 from 6-8 p.m. in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Ave., Fort Pierce. 2. The Board of County Commissioners will hold a Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. 3. The 2009 Florida Police & Fire Games will be held June 21St -27th at various venues throughout the Treasure Coast. Admission is free for all games. For details visit: www.treasurecoastsports.orq 4. The Board of County Commissioner will hold a Workshop on the LPGA Golf Tournament opportunity on Monday, June 22, 2009 at 2:00 p.m. in Conference Room #3. 5. The June 23, 2009 Informal Monthly Meeting has been rescheduled to Friday, June 30, 2009 at 1:30 p.m. in Conference Room #3. 6. The Board of County Commissioners Budget Workshops will begin Monday, July 13, 2009 and run through Friday, July 17, 2009. 7. The Board of County Commissioners will hold a Special BOCC Meeting on Friday, July 17, 2009 at 1:30 p.m. or as soon thereafter to set the 2009-2010 proposed millage. 8. The Board of County Commissioners summer recess will begin the week of July 20th and run thru July 31St. The July 21St BOCC meeting, July 28~ BOCC meeting and the July 28th Informal monthly meeting are canceled. 9. The August 4, 2009 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.cost-Iucie.fl.us www.stlucieco.org iit11i1tiitli111iiliCiittiitiii#~iittiiUlitlitiiiiitCiWitiiiliiiiitlltlttlNtiitiit1i11ii~i~illiliillliltittiliiiJ~itUili[iUligtli~ittiiitliiil[littitti~tiiiit~rilti~~~ttiltiUtiftitliii[iillui 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 tiiitiiiitUililiiiiiiiiiiiiifiii~Itiiiiiitliiiiiliiii~~iHlUlilitliiiitiUilliifiiiliitiiliitiiiiiiiiii~i€titliiiiiiliiliilitiili~iiiiiittNtiiiiiiiHiliifiiiiiltiiiitiiiiiiiiiiitih~iiitiitiiiii I. MINUTES Approve the minutes from the May 26, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36. B. MOSQUITO CONTROL 1. Piggyback of Charlotte County/Aerial Adulticide Services Bid Consider staff recommendation to authorize to piggyback the January 27, 2009, Charlotte County Award of Bid for Aerial Adulticide Services -Primary Services, to Vector Disease Control, Inc. and authorize the Chair to sign documents as approved by the County Attorney. 2. Piggyback of Citrus, Collier, Manatee, Orange and Leon Counties Chemical Purchase Bids Consider staff recommendation to authorize to piggyback the December 11, 2008, Citrus County Award of Bid for Mosquito Chemicals, the March 10, 2009, Manatee County Award of Bid for Insecticides, the March 17, 2009, Collier County Award of Bid for Chemicals, the July 22, 2008, Orange County Award of Bid for Mosquito Control Insecticides, and the March 17, 2009, Leon County Award of Bid for Bti Granules, Continuing Supply, to Adapco, Inc., and to purchase the chemicals as needed. 3. Piggyback of Polk County Chemical Purchase Bid Consider staff recommendation to authorize to piggyback the April 23, 2009, Polk County Award of Bid for Chemicals and Insecticides, to Clarke Mosquito Control Products, Inc., and to purchase the chemicals as needed. 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~xamine 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~ight (48) hours prior to the meeting. EROSION DISTRICT www.cost-lucie.fl.us www.stlucieco.org tilttiilitiitiltil#ittl[~iiiiitittitl3~iitlaiiiiiiiiiili~ittiiifiiililCiiiit[~itFiiliitiiiiittiNifUiiittli~IiUifiHtiiitiiii~liiuiliitlitittlli~iiitiliuitt[iiitllitiUi~~iiiiiii~i[tiiil~tii~iiii~ii~ 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 Etiiitiiiliiiii{iif~~iiiiiitiittiitiltilltiiiiiii{iiiiiiii~titllitiitiUiiillili~ilitliiUiiiiiiiflitiiii[iitiitiifiiitiiiiifiliifiiitiiiiiiiiiiiiiiiiiiuiiiiliitiiiiiliiiifiiiiiiiiiii~lll I. MINUTES Approve meeting minutes from the May 19, 2009 meeting. Approve meeting minutes from the May 26, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36. 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~xamine 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~ight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 2, 2009 Convened: 6:00 p.m. Adjourned: 8:25 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Doug Coward, Chris Craft Others Present: Faye Out law, County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Roger Shinn, Central Services Director, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 19, 2009 meeting. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the meeting held May 19, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. Presentation of the Sammie's Landing project for "Providing a Place to Call Home." by Jessica Parrish, SLC Housing Manager B. Com. Doug Coward presented Mr. Terri Cooper with the appreciation plaque he had previously returned to the Board. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board and presented his vision of the Port property. Mr. George Baker area resident addressed the Board and requested they consider supporting Technical Schools in St. Lucie County for those students who have difficulty completing their 12 years of school and obtaining a high school diploma. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 3S The Board approved Warrant List No. 35. B. COUNTY ATTORNEY 1. First Amendment to Agreement with Ranger Construction - Calmoso and Lucero Projects The Board approved and authorized the Chair to sign the First Amendments with Ranger Construction. 1 0;/:9/09 ST. LUCIE COUNTY - BOARD PAGE !~'?:F~BWIIRR WARRANT LIST #35- 23-MAY-2009 TO 29-MAY-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund ~ 2,246,838.11 540,986.88 OU]]_80 US Dept Housing HUD Shelter Plus Gr 1,500.00 O.OU 001186 FDCA Homeland Security Grant-Issue 4,869.25 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 768.73 10,048.42 ()01199 U.S. Dept of Housing & Community 20.37 266.21 00].429 Dept of Financial Services My Safe 16.36 0.00 00]..934 Fla Comm for the Disadvantaged Tran 88.43 1,156.1.6 436 INTACT Inspired Network to Achieve 392.00 1, 102.40 00].501 CSBG 2008-2009 Dept of Health and H 1,255.60 1,386.80 001505 FDCA Emerg. Mgmt Prep & Assist FY09 97.16 0.00 00]506 Us Dept of Health Earned Income Tax 8.72 0.00 0.1 Transportation Trust Fund 24,208.28 38,227.2.1 ;.0100]. 'T'ransportation Trust Inter_locals 80..47 1,051.96 1.01.002 Transportation Trust/80o Constitut 33,895.61 45,921.1.3 ].0]003 Transportation Trust/Local Option 9,101.00 23,272.23 ',.01.004 Transportation Trust/County Fuel Tx 2,929.28 17,405.43 1.01006 Transportation Trust/Impact Fees 298,687.67 0.00 1.02 Unincorporated Services Fund 7,000.78 77,966.47 ~02U0]. Drainage Maintenance MSTU 1,051.63 5,420.16 ~028C9 Paradise Park Phase 2 SFWMD 6,958.50 0.00 1 U'i Fine & Forfeiture Fund 3, 749, 077.00 136, 233.29 "~C1001 Fine & Forfeiture Fund-Wireless Sur 88.07 1,113.60 "!.0'7002 Fine & Forfeiture Fund-E911 Surchar 88.06 .1,11."3.60 ".0'7003 Fine & Forfeiture Fund-800 Mhz Oper 9,121.64 0.00 l_0"1006 F&F Fund-Court Related Technology 6,413.16 8,736.95 ?.07204 FL Dept Juvenile Justice-DMC Civil 115.29 1,507.10 ",.072.05 Juvenile Justice & Delinquency Prev 158.79 2,076.00 i.U9 Drug Abuse Fund 35.00 0.00 1.30 SLC Public Transit MSTU 166.48 2,176.18 ]..4U Airport Fund 1,160.40 14,841.82. ]..40001 Port Fund 27,200.00 0.00 I.50 Impact Fee Collections 116.53 1,523.20 ~.6C Plan Maintenance RAD Fund 585.31 3,849.1.9 183 Ct Administrator-19th Judicial Cir 577.23 3,009.99 ":8300]_ Ct Administrator-Arbitration/Mediat 700.00 0.00 ";.83004 Ct Admin.- Teen Court 413.99 5,409.72 '8SUU9 FHFA SHIP 2007/2008 157.62 2,060.48 '.392.01. FHFC Hurricane Housing Recovery Pla 43,784.80 7,611.07 310002 Impact Fees-Parks 2,330.12 0.00 318 County Capital-Transportation Bond 1,595.75 0.00 39007 Indian River Estates MSBU 3,342.60 0.00 39009 Sunland Gardens 2 MSBU 2,773,395.77 0.00 101 Sanitary Landfill Fund 224,716.81 57,124.42 X18 Golf Course Fund 3,236.67 20,899.82. %5] S. Hutchinson Utilities Fund 23,793.23 3,999.68 ^,58 SH Util-Renewal & Replacement Fund 88.57 535.70 x:61 Sports Complex Fund 25,795.20 20,909.08 ~',7] No County Utility District-Operatin 64,366.87 7,882.23 05/29/09 ST. LUCIE COUNTY - BOARD PAC,L FZABWARR WARRANT LIST #35- 23-MAY-2009 TO 29-MAY-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 478 No Cty Util Dist-Renewal & Replace 129.54 1,277.47 479 No Cty Util Dist-Capital Facilities 8,140.38 1,625.67 491 Building Code Fund 2,641.96 33,425.61 505 Health Insurance Fund 393,446.40 3,871.20 611 Tourist Development Trust-Adv Fund 170.94 ].,905.77 801 Bank Fund 481,176.73 0.00 GRAND TOTAL: 10, 477, 589.36 1, 108, 324.75 2. Bear Point Mitigation Bank -Credit Reservation Agreement with Florida Power & Light Company The Board approved the proposed Credit Reservation Agreement with Florida Power & Light Company, and authorized the Chair to sign the agreement. 3. Permission to Advertise Resolution No. 09-172 -Cortez Boulevard Project - St. Lucie County Economic Stimulus Project The Board granted permission to advertise proposed Resolution No. 09-172 for public hearing before the Board of County Commissioners on June 16, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 4. Permission to Advertise Public Hearing -Resolution No. 09-174 -Central Services Projects - St. Lucie County Economic Stimulus Projects The Board approved advertising proposed Resolution No. 09-174 for public hearing before the Board of County Commissioners on June 16, 2009 at 6:00 p.m. or as soon thereafter as may be heard. 5. Permission to Advertise Public Hearing -Resolution No. 09-175 -Central Services Projects - St. Lucie County Economic Stimulus Projects The Board granted permission to advertise proposed Resolution No. 09-175 for public hearing before the Board of County Commissioners on June 16, 2009, at 6:00 p.m. or as soon thereafter as may be heard. C. PUBLIC WORKS 1. St. James Boulevard -Arrow Directional Boring Inc. The Board approved the conditional acceptance of the road repairs and initiates the maintenance period of one yaar and 30 days. 2. St. James Boulevard - Sunline Engineering Contractors, Inc. The Board approved the conditional acceptance of the road repairs and initiates the maintenance period of one year and 30 days. 3. Indian River Estates Stormwater Improvements Phase 1 -Pump Station The Board accepted the project, release retainage and to make final payment in the amount of $243,291.23. 4. Invitation to bid for the purchase of asphalt materials. The Board authorized advertizing an invitation to bid for the purchase of asphalt materials. 5. First Amendment to Contract with Stewart Mining. The Board approved the First Amendment to Contract C08-06-263 with Stewart Mining exercising the first of two -one year renewal options and extending the term of the contract from July 1, 2009 through June 30, 2010. Com. Dzadovsky recommended staff investigate the use of recycled concrete opposed to coquina rock for future projects. 6. Weatherbee Road Sidewalk Design Budget Resolution The Board approved accepting Budget Resolution No. 09-170 and authorized the Chair to sign documents as approved by the County Attorney. 2 7. Walton Road Widening Budget Resolution The Board accepted Budget Resolution No. 09-171 and authorized the Chair to sign the documents as approved by the County Attorney. C. PUBLIC WORKS CONTINUED 8. Taylor Creek Restoration -Spoil Site Design and Permitting The Board accepted Budget Resolution No. 09-169 and authorized the Chair to sign documents as approved by the County Attomey. 9. Award contract to Close Constnuction, Inc. for Indian River Estates Alum Facility The Board approved awarding the contract to Close Construction, Inc. in the amount of $106,884 for Indian River Estates Alum Facility, and authorized the Chair to sign the documents as approve by the County Attomey. D. AIRPORT Request for Proposal (RFP) to lease Airport West Commerce Park Phase I The Board approved issuing a Request for Proposal (RFP) to lease Airport West Commerce Park Phase I at the St. Lucie County International Airport. E. COMMUNITY SERVICES Housing Division -Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. The Board accepted the First Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorized the Chair to sign the agreement as approved by the County Attomey. F. MANAGEMENT AND BUDGET Research & Education Park: Phase 1 Funding The Board approved Budget Amendment No. BA09-019 and authorized on behalf of Treasure Coast Education, Research and Development Authority (TCERDA) to advertise a Request for Qualifications (RFQ) for design services related to the construction of backbone infrastructure at the Research Park as outlined in the agenda memorandum. The Chair requested an amendment to transfer and hold $200,000 in reserves for Jail Medical Wing expansion due to her concern with continuing increase in cost of Inmate medical. Com. Craft questioned the amount of money the Sheriff had indicated he would be Providing funds from the law enforcement trust fund for the medical wing expansion. Chief Deputy Wilson advised the Board he believed the Sheriff was talking about Law enforcement Impact fees in the amount of $250,000 for the planning if the expansion was to take place. If the funds are to be shifted then they would want to have some idea if they are going to build the medical wing expansion. Com. Craft stated if these funds ($250,J00) could be shifted for the purpose of obtaining the plans and design this may make it easier for the grant writers to obtain grants for the medical wing expansion. Chief Wilson stated at a prior meeting he believed the grant writers had stated they had been looking for expansion dollars and the availability of dollars for research would be easier to obtain than for the medical wing. If the funds are in the law enforcement account due to the economy, he will speak to the Sheriff to take those steps. 3 Com. Coward stated he would like the Sheriff to partner with the Board in this effort and in taking the first step for the design. Com. Dzadovsky commented on the possibility of combining a grant for a court facility within the medical wing. Com. Craft stated he believed these types of grants are coupled with rehab and drug and alcohol related problems which many inmates have and this is done through mental health. Com. Dzadovsky also addressed the fact the county will be providing the The School Board's end of the funding for the School Resource Officers program so they may betaking from one end but will be replacing funds in another. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Resolution No. 09-164 -Angle Road Sidewalks Project - St. Lucie County Economic Stimulus Project Consider staff recommendation to approve proposed Resolution No. 09-164. Com. Dzadovsky asked if this project included the comer of Avenue D where it connects to the Zora Neal Hurston Library. The County Engineer stated it would include the Avenue D link. It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No. 09-164, and; upon roll call, motion carried unanimously. B. Resolution No. 09-026, granting a waiver and Preliminary PUD Site Plan approval for Sunset Beach PUD. Consider staff recommendation to adopt draft Resolution No. 09-026, granting approvals as outlined in the agenda memorandum for Sunset Beach-PUD. The Planning Manager recommended the "fee in lieu of" for the sidewalks be placed in the resolution today due to the fact there are existing sidewalks in the area at present. Com. Coward stated he would like to clarify for the record that the applicant is constructing a dune and the Homeowners Association will be responsible for the future maintenance should there be a storm surge or hurricane and that the rest of the taxpayers will not be made responsible for those living in these types of areas. The Environmental Regulations Manager stated he was correct, the applicant has included language that establishes a funding mechanism for this purpose and also have a preserve management plan. Com. Coward stated he had an issue on the fact the applicant has not made a contribution to the pedestrian system in the area. He also addressed maintaining public access. The Mosquito Control Director addressed Com. Coward's concern and the continuous public access at the west side of A-1-A. Com. Coward recommended utilizing the $30,000 for any minimal improvements in the public access area so that people can get in and out. He believes it would benefit this project and future residents. Com. Dzadovsky addressed his concerns with the HOA's having a problem maintaining their maintenance programs due to the foreclosures. 4 The Environmental Regulations Manager stated they could not request a bond and stated this document is legally binding per the County Attomey. The County Attomey stated they could possibly add a condition. The Environmental Regulations Manager stated it could be done for the final PUD. Com. Dzadovsky questioned who would be responsible for the culverts if they failed for this project. The Mosquito Control Director advised the Board the DOT would be responsible. Mr. Travis Walker, attomey for the applicant commended staff for working with the applicant and providing the report. Com. Dzadovsky thanked Mr. Walker and the applicant for working with county staff on this project. He asked information on the baffle boxes and the water being released into the wetlands. Mr. Hall, engineer for the applicant stated all necessary permits have been received and stamped by the Department of Environmental Protection. He stated this was the preferred methodology by the DEP. Ms. Patricia Pacitti, President of the Presidents' Council addressed the Board regarding the COBRA zone. Any private entity built in the COBRA zone does not qualify for disaster relief, shore stabilization or flood insurance. She asked what was the county's stand on how it will be addressed if they had another hurricane. She believes there will be a COBRA zone right in the middle that will not qualify. This zone was enacted to discourage private building in coastal barrier areas. Mr. Jeff Mitchell, Tamarind Drive resident, addressed the Board in favor of the project and asked the Board's approval. The County Attomey addressed various issues pointed out by the Board. Ms. Cynthia Angelos, attomey for the applicant requested to address the issues as pointed out by the County Attomey. She stated with regard to the Bond, they thought they would get estimate of total cost at closing collect on pro rata basis for 44 lots and the sum would be collected in advance and held in account for the association. The County Attomey recommended adding the language in the preliminary approval that could provide for this. The other issue was sidewalks and a $30,000 contribution can be used for access to the Vatolo family park and a desire to establish a public access to the west side of A-1-A and the funds could be used to improve that access. Ms. Angelos stated they would be amenable to this to combine the fee and the access. The County Attomey stated they would add a condition to this affect regarding the applicant contributing $30,000 for the improvement and provide the public access to the Vatolo family park. The fencing issue at the dune, adding a condition providing for a fence would be in order. Ms. Angelos stated no objection to the fence and Com. Cowards' request the money could be used in part for the improvement of the access. The County Attomey also addressed the disclosure of the Cobra designation (regulations) and stated this would also be a condition. Com. Craft requested having the connection to the south with an adjustment to lot # 1. Mr. Walker stated they have not had contact with the property owner but would agree to have something that would be mutually agreeable in the future. Com. Craft stated his approval would be dependent on this connection. Ms. Angelos expressed the applicant's c~ncem with this request and the access by both property owners. 5 Com. Craft stated the property owner to the south would be charged on a pro-rata to go back to the developer for using that access. The applicant expressed his concern and felt it was not a fair request and felt the other developer should be asked to conform to the style of his development. Com. Craft stated he would not ask the property owner to the south to conform to a certain style because the other developer has put the road in. The applicant stated he was a little confused. He felt he was being placed in the position where the other applicant will be saving 4 years of expense by mandating him to provide this access. Com. Craft stated if he wished help with the mitigation he would not have a problem. The applicant asked if it would all include and look at what he has gone through for the past four years as far as costs. Com. Craft agreed. The applicant at this time agreed also. The County Attorney recommended the motion to be: to approve with the conditions as set out by staff and to include the additional conditions :the dune planning, the sidewalks payment in lieu of access to the vatolo park, the lot 1 access, dune management, fencing of the dune and the COBRA zone. It was moved by Com. Dzadovsky, seconded by Com. Craft to approve Resolution No. 09-026 with the conditions as stated above, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Claim by APA Emerson @ Indrio, L.L.C., Pursuant to Section 70.001, Florida Statutes ("Bert Flatus Claim") Consider staff recommendation to approve the letter and authorize the Chair to sign the letter. Com. Coward complemented staff for their construction of the letter. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY City of Fort Pierce Resolution 09-23 Initiating Development of an Interlocal Service Boundary Agreement with the City of Port St. Lucie pertaining to Properties North and West of Midway Road Consider staff recommendation to adopt Resolution No. 09-176 and authorize the Chair to sign the Resolution. The County Attomey addressed this item and gave a brief overview. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-176 and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. 6 ` 1' ~ ~ _ INTER-OFFICE MEMORANDUM ' ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-0700 DATE: June 2, 2009 SUBJECT: St. Lucie County v. T&T Land -Settlement Offer ' BACKGROUND: On October 28, 2008, the Board adopted Resolution No. 08-314 authorizing the acquisition of a parcel owned by T&T Land, Ltd, by donation, purchase or eminent domain. Attached to this memorandum is a map outlining the boundaries of the St. Lucie .County International Airport. The property owned by T&T is outlined in yellow, The property is needed to clear the line of sight to the Air Traffic Control Tower, for providing additional security and for enhancing airport safety, In addition to adopting Resolution No, 08-314, the Board also authorized staff to make an initial offer of $1,369,750 based on the 2008 Assessed Value by the St. Lucie County Property Appraiser. In determining the initial offer, the Board was presented with the following information. Amount 1. Fair Market Value based on nn appraisal dated August 27, 2008 by Harry Gray, MAI $1,200,000 2. Fair Market Value based on nn appraisal dated August 27, 2008 by Daniel Fuller, MAI $1,275,000 3. 2008 Assessed Value by St. Lucie County Property Appraiser $1,369,750 4. Purchase Price paid by T&T on March 23, 2005 $1,670,000 The property owner did not accept the County's offer and the County was forced to fi le suit in eminent domain. The County requested the Court to allow the County to obtain possession of the property immediately by issuing an Order of Taking. The Court has held two hearings on the County's request for an Order of Taking and a third hearing is scheduled for Inter this week. SETTLEMENT OFFER Attached to this memorandum is a copy of an email dated May 28, 2009, from William P. Roney, Esq. outlining a settlement offer from the property owner. Based on the Airport's need for the property and the value information set out above, staff does not recommend that the Board accept any of the three settlement options outlined in this email. As indicated previously, the County is attempting to convince the Court to issue an Order of Taking. Given the current uncertain status of the case, the Board may want to consider making a counteroffer of settlement, If the Board determines to make a counteroffer, Staff recommends that the Board use a modified version of the third settlement option using a floor of $1,670,000 which is the purchase price paid by the property owner in March 2005. According to Daniel D. Fuller, MAI, the appraiser the County is using at the Order of Taking hearing, the value of $1,670,000 is within the upper range of value in his appraisal. According to the Airport Director, the County has sufficient funds to pay the increased amount. DISCUSSION; In any decision of whether to accept or make a settlement offer, it is appropriate to consider a "best case-worst case" scenario. In the best case scenario, the Court would enter, an Order of Taking in favor of the County and the County would acquire fee simple title by depositing the good faith estimate of value ($1,275,000) in the Court registry. The final value would be determined later by a jury unless the parties reached a settlement on value. In the worst case scenario, the Court would deny the Order of Taking. The County could appeal a denial but resolution of the appeal would take months with no guarantee of success. A possible modification to the worst case scenario would be for the Court to grant the County a lesser interest (e.g., easement) over some or all of the property than the interest (i.e., fee simple) that the County is requesting. In this event, the County would have to start the process all over again which would create further delays, It is difficult to predict what the Court will do. On the one hand, the burden of proof requirements in the case are favorable. The County is required to prove that the proposed taking is necessary for a project that is for a public purpose. Once the County meets its burden, the burden then shifts to the owner to prove bad faith or abuse of discretion. On the other hand, if the Court is not convinced that the County has met its burden, overturning the Court's decision will be difficult and time consuming, The advantage of settlement is certainty. The owners would stipulate to the entry of an Order of Taking and the County would immediately acquire the property. The disadvantage of settlement is that it is possible the County could be paying more than what n jury thinks the property is worth. If this case goes to trial, it is likely that the owners will present a value of well over $2,000,000 to the jury, Based on experience, it is more likely than not that a jury wi I I determine a value somewhere between the County's proposed value and the owner's proposed value. Another factor to consider is that the owner's attorneys' fees are based in part on any increase the owner receives over the County's initial offer ($1,369,750.00). RECOMMENDATION/CONCLUSION: Based on the nbove, the County Attorney recommends thnt the Board make a counteroffer where the parties would stipulate to an order of taking with a floor of $1,670,000 (the owner's purchase price) established for the ultimate compensation. The County's special counsel concurs with this recommendation. Resper Ily submitted, Daniel 5. McIntyre County Attorney DSM/caf Attachment y I ~ ~ , _i a ~ o ! ~ - Asa;°~ ~'~i 1 _ _ ; 1+ rn Tayi:or Dairy-Rd- v, - ~4 ~ ~ ~ f ~ ~ ~ ~ jff { ~,k ; i I l , II' ~ ~ { ----f- ~ ~ ~ ~ _~r-~ ~ . r~ _ _ r. a r_~ i ~r ~ ~ n i ~f ~ Q r .1 ~ ~ ~ ~ _ ~ ~ r, ~ i h ~ 1 i r L, tp i f}~' ~ 1 ~ 11I ~ R d~" r 1 1 ~ # ~ ~ _ - ~ ~ ~ o ff. ~ ~ ITS ~ ~ J~` } ~ _ '~{'~~r-?:~7~a~r fir, ti'~~~- .Daniel Mcln re I! From: vance dopey [vancedoneypa@yahob comJ Sent: Thursday, May 28, 2009 1:14 PM To: Daniel McIntyre ~ Cc: Diana Lewis Subject: St. Lucie County v T & T Land 'i I Dan, i Brad Gould conveyed to me the following alternate settleir#ent proposals: 1. Some agreement whereby T & T would keep developm nt rights to the property, ie, lease-back or some other arrangement. A lot of details would need worked out. 2. $3,000,000.00 in full and final settlement. I'~ 3. Owner to agree to the Order of Taking with a $2,000,00.00 floor established for the ultimate compensation. Your thoughts? William P, Dopey, Esq. Vance, Dopey & MacGibbon, P.A. 1665 Palm Beach Lakes Boulevard The Forum, Suite 610 West Palm Beach, FL 33401 561-684-5544 561-684-0833 (fax) The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be anattorney-client communication and/or v~ork product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you hive received this document in error and that any review, disse 'nation, distribution, or copying of this message is strictly prohibite~y . If ou have receive please notify us immediately by e-mail, and delete the origi}~al message, d this communication m error, i I~ 1 I II i Unagendad item St. Lucie County v. T & T Land- Settlement Offer The County Attomey recommended the Board reject all three offers and make a counteroffer where the parties would stipulate to an order of taking with a floor of $1,670,000 (owner's purchase price) established for the ultimate compensation. The County's special counsel concurs with this recommendation. The County Attomey reviewed this issue for thQ Board. The background information has been attached to the original minutes. Corn. Grande clarified that the price of $1,670,000 would be the floor but could be less should there be a trial The County Attomey concurred with Com. Grande's statement and stated if a higher appraisal comes in they will review it. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. Unagendad Item Com. Craft advised the School Board had requested the Board consider waiving the fees for use of the Fairgrounds for graduation ceremonies. Com. Coward requested staff review this request and come back to the Board with information on the cost of personnel to maintain this facility. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 7 ;.16/05%09 ST. LUCIE COUNTY - BOARD PAGE ~'ZABWARR WARRANT LIST #36- 30-MAY-2009 TO 05-JUN-2009 FUND SUMMARY i~'UND TITLE EXPENSES PAYROLL COl General Fund 591,266.65 0.00 001113 CDBG Supp Disaster Recovery Subgran 23,182.00 0.00 001180 US Dept Housing HUD Shelter Plus Gr 9.83 0.00 001184 CDBG 07 2,386.35 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 2,873.47 0.00 001194 U.S. Dept of Housing & Community 953.44 0.00 00.1434 Fla Comm for the Disadvantaged Tran 300.81 0.00 001436 INTACT Inspired Network to Achieve 1,836.38 0.00 CC:L437 FDEM E911 Office Furniture 126,211.50 0.00 ~~01500 FDEM Emergency Mgmt Performance 1,319.65 0.00 001501 CSBG 2008-2009 Dept of Health and H 8,845.30 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 1,047.27 0.00 601507 USDA NRCS Tropical Storm Fay Damage 773,595.06 0.00 101 Transportation Trust Fund 52,172.76 0.00 7.01001 Transportation Trust Interlocals 323.05 0.00 .1..01002 Transportation Trust/80o Constrtut 41,345.39 0.00 "..01003 Transportation Trust/Local Option 12,255.38 0.00 101004 Transportation Trust/County Fuel Tx 16,219.42 0.00 1.01006 Transportation Trust/Impact Fees 27,880.57 0.00 aC2 Unincorporated Services Fund 31,374.14 0.00 :102001 Drainage Maintenance MSTU 137,436.55 0.00 1.02109 Indian River Estates Stormwater Imp 130,000.00 0.00 :0287.1 I. R. Estates Stormwater Ph 2 SFWMD 50,000.00 0.00 ":.09003 Hurricane Frances Donations 565.00 0.00 "05 Library Special Grants Fund 23.11 0.00 C7 Fine & Forfeiture Fund 188,928.34 0.00 1.07001 Fine & Forfeiture Fund-Wireless Sur 58,266.07 0.00 '.07002 Fine & Forfeiture Fund-E911 Surchar 163,898.88 0.00 ':.07003 Fine & Forfeiture Fund-800 Mhz Oper 122.14 0.00 :.07006 F&F Fund-Court Related Technology 16,952.36 0.00 .:!.072.04 FL Dept Juvenile Justice-DMC Civil 816.87 0.00 7.0"7205 Juvenile Justice & Delinquency Prev 4,047.05 0.00 11.-i River Park I Fund 2,830.34 0.00 1.1.2 River Park II Fund 602.68 0.00 X15 Sheraton Plaza Fund 636.30 0.00 1.8 Paradise Park Fund 879.40 0.00 :.2C The Grove Fund 178.51 0.00 1.22 Indian River Estates Fund 1,02.8.88 O.OC 2.6 Southern Oak Estates Lighting 124.20 0.00 " 2.9 Parks MSTU Fund 2, 310.00 0 . 00 L30 SLC Public Transit MSTU 2,180.73 0.00 1.39 Palm Grove Fund 754.91 0.00 .90 Airport Fund 41,981.36 0.00 7.90001 Port Fund 53.30 0.00 ;.40133 Construct Runway 9L/27R/Fence 292,049.56 0.00 190335 Parallel Runway Design-9L/27R 15,371.07 0.00 1.50 Impact Fee Collections 450.12 0.00 60 Plan Maintenance RAD Fund 13,646.45 0.00 06/05/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #36- 30-MAY-2009 TO 05-JUN-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL ]_83 Ct Administrator-19th Judicial Cir 2,735.93 0.00 183001 Ct Administrator-Arbitration/Mediat 120.00 0.00 183004 Ct Admin.- Teen Court 2,424.41 0.00 183006 Guardian Ad Litem Fund 20.90 0.00 185009 FHFA SHIP 2007/2008 13,440.37 0.00 .1.89201 FHFC Hurricane Housing Recovery Pla 88,517.14 0.00 189202 My Safe Florida Home 561.46 0.00 216 County Capital I&S 1,202.00 0.00 310002 Impact Fees-Parks 125,901.72 0.00 316 County Capital 213,901.92 0.00 316001 5th Cent Fuel-Capital 3,150.00 0.00 401 Sanitary Landfill Fund 121,933.59 0.00 418 Golf Course Fund 8,682.06 0.00 451 S. Hutchinson Utilities Fund 75,827.53 0.00 458 SH Util-Renewal & Replacement Fund 158.34 0.00 461 Sports Complex Fund 26,184.04 0.00 471 No County Utility District-Operatin 167,160.91 0.00 478 No Cty Util Dist-Renewal & Replace 564.12 0.00 479 No Cty Util Dist-Capital Facilities 86,827.44 0.00 491 Building Code Fund 11,155.47 0.00 X05 Health Insurance Fund 245,575.40 1,633.70 X05001 Property/Casualty Insurance Fund 56,325.53 0.00 511 Tourist Development Trust-Adv Fund 3,007.16 0.00 516 SLC-Cultural Affairs Council 2,000.00 0.00 525 Law Library 842.23 0.00 569 Lake Drive MSBU 20,587.23 0.00 585 Sunland Gardens MSBU 8,452.09 0.00 586 Greenacres MSBU 3,881.32 0.00 594 Raintree Forest MSBU 8,160.00 O.UO 301 Bank Fund "30,359.83 0.00 GRAND TOTAL: 4,171,192.74 1,633.70 AGENDA REQUEST ITEM NO. IV-A DATE: June 9, 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. 09-178 -Recognizing Westwood High School Students who have designed, built and installed sleeping bunks in the new Douglas M. Anderson Emergency Operations Center (EOC). BACKGROUND: The Public Safety staff would like to recognize the hard work that the Westwood High School carpentry students and their teacher, Jack Crumbo, recently put in at the new EOC. The attached Resolution No. 09-178 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-178 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 ye W. Outlaw, PA County Administrator Review and Approvals [X] County Attorney: f' L~ [ ]Management & Budget: (]Purchasing: Daniel S. McIntyre [ ]Road & Bridge.: [)Parks & Recreation Director (]Solid Waste Mgr ( ]Finance:(check for copy only, if applicable) Effective 5196 RESOLUTION N0. 09-178 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS COMMENDING JACK CRUMBO AND HIS WESTWOOD HIGH SCHOOL CARPENTRY STUDENTS FOR OUTSTANDING PUBLIC SERVICE IN CREATING SLEEPING BUNKS AT THE NEW DOUGLAS M. ANDERSON EMERGENCY OPERATIONS CENTER WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. Westwood High School Teacher Jack Crumbo and 40 of his carpentry students spent hundreds of hours designing, building, and installing 46 sleeping bunks for the new Douglas M. Anderson Emergency Operations Center. 2. By donating their time and skill, Mr. Crumbo and his students saved St. Lucie County as much as $60,000 in labor costs. 3. The Westwood High School students not only saved St. Lucie County Taxpayers money, the group also put their classroom knowledge to good use creating alarge-scale construction project that will be used by Public Safety officials for many years to come. 4. The Board would also like to commend Frank £t Al's Pizza and Dale's West Bar-BQ for providing lunch to the Westwood students over the course of a week, while they installed the new bunks in the new Douglas M. Anderson Emergency Operations Center. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, for itself and on behalf of the citizens of St. Lucie County, does hereby commend Mr. Jack Crumbo and his Westwood High School carpentry students for their hundreds of hours of design and construction of 46 sleeping bunks in the new Douglas M. Anderson Emergency Operations Center, which saved St. Lucie County as much as $60,000 in construction costs, and does hereby take this opportunity to express its sincere appreciation and gratitude for a job well done. BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to Mr. Jack Crumbo and his Westwood High School carpentry students as a token of this Board's appreciation. PASSED AND DULY ADOPTED this 9"' day of June, 20009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VI-B1 DATE: June 9, 2009 ~ - ~ - REGULAR [ ] _ ' - PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Termination of Administrative Agreement with Web-TPA, Inc., C04-10-448 BACKGROUND: See Attached Memo FUNDS AVAILABLE: PREVIOUS ACTION: On September. 9, 2008, the Board approved n Request for Proposals for a new Administrative Services Only for Self-Funded Medical and Flexible Spending Account Administration. RECOMMENDATION CONCLUSION: Staff recommends the Board approve the termination of Administrative Agreement Web-TPA, Inc. as of October 1, 2009. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ~ [ ]Management & Budget: [ ]Purchasing: [ ]Road & Bridge.: C,[ )Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) - ~ ~ _ - INTER-OFFICE MEMORANDUM ~ ® ST. LUCIE COUNTY, FLORIDA s r TO: Board of County Commissioners FROM: Heather Sperrazzn Lueke, Assistant County Attorney C.A. NO.: 09-0682 DATE: June 9, 2009 SUBJECT: Termination of Administrative Agreement with Web-TPA, Inc. , C04-10-448 BACKGROUND: On September 9, 2008, the Board approved n Request for Proposals for a new Administrative Services Only for Self-Funded Medical and Flexible Spending Account Administration. The County must give notice by July 1, 2009, to Web-TPA, Inc. that its current contract is being terminated. The date of termination would be October 1, 2009. The new vendor, when chosen, will begin its term on that date. If Web-TPA, Inc. is chosen, they will be signing a new contract. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve termination of the Administrative Agreement with Web-TPA, Inc. as of October 1, 2009. Respectfully submitted, i Heather S azzn L e Assistant ~ my A ney AGENDA REQUEST ITEM NO. VI-BZ DATE: June 9, 2009 - ~ • REGULAR PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 09-019 -Zoning in Progress BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stuff recommends that the Board grunt permission to advertise Ordinance No. 09-019. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED (]OTHER: Approved 5-0 Faye W. Outtnw, MPA County Administrator Review and Approvals County Attorney: l ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir; County Eng.: Finnnce: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0683 DATE: May Z8, 2009 SUBJECT: Ordinance No. 09-019 -Zoning in Progress BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-019 which, if adopted, would provide a procedure for zoning in progress and planning in progress. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 09-019. Respectfully submitted, Daniel 5. McIntyre ~ County Attorney DSM/caf Attachment ORDINANCE NO. 09-019 AN ORDINANCE OF ST LUCIE COUNTY, FLORIDA ESTABLISHING REGULATIONS SETTING FORTH THE PROCEDURE FOR ZONING IN PROGRESS AND PLANNING IN PROGRESS AND APPLICATION OF SAME; PROVIDING FOR APPLICATION OF EXEMPTION FOR SAME; PROVIDING FOR A PROCEDURE TO ASSERT PROPERTY OWNER RIGHTS; PROVIDING FOR DURATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") has determined that the consideration of future amendments to the County's Lnnd Development Code and Comprehensive Plan ("amendments"), ns well as any comprehensive zoning and planning analyses ("analyses") requested by the Board, the County Administrator, the County's Planning & Zoning Commission ("PZC"), or the County Attorney, must occur in a deliberative environment which is conducive to a thoughtful review of either the proposed amendments or analysis and the effective implementation of any amendments which may be enacted; and WHEREAS, the Board has further determined that the filing and review of certain applications for "development orders" and "development permits" (as defined by Section § 163.3164, Florida Statutes) or Innd use amendments or zoning atlas changes which may be affected by either the proposed amendments which are not otherwise "pending" at the time of the initiation of the proposed amendments or the proposed analyses shall result in an inappropriate expenditure of County resources and might undermine the implementation of any amendments which are subsequently enacted by the Board; and WHEREAS, the Board seeks to eliminate the potential for such a conflict and ensure that all residents, property owners, and interested parties are both apprised of the Board's consideration of either the proposed amendments or the proposed analyses and provided with clear direction as to how consideration of either the amendments or the analyses shall impact the filing and subsequent processing of certain applications for development orders and development permits; and WHEREAS, the Board wishes to provide property owners with a procedure whereby they may assert that certain "vested rights" which they claim to possess are abrogated as a result of the "Zoning In Progress" and/or "Planning In Progress" (collectively, "Zoning in Progress") requirements enunciated herein; 5:\ATTY\ORDNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 1 Of 7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby adopted and confirmed. Section 2. Purpose and Applicability. The purpose of providing for a temporary suspension on the processing of applications for development orders, development permits, or land use amendments or zoning atlas changes after the initiation of either proposed amendments to the County's Land Development Code and/or Comprehensive Plan or the initiation of Comprehensive Zoning and Planning Analyses is to preserve the "status quo" for a reasonable time while the County develops and adopts a land use strategy to respond to new or recently perceived problems. The temporary suspension prevents developers and property owners from developing land under current land use rules that the community may be in the process of changing. By so doing, a temporary suspension helps to accomplish the public purpose behind any new rules that are eventually adopted by preventing development that may immediately become nonconforming upon adoption of new rules, and allowing adequate time to conduct a comprehensive growth management study which will be used to assist the Board in implementing needed changes to the County Land Development Code. Section 3 Zoning in Progress Request. The Board may initiate a Zoning in Progress or Planning In Progress resolution on its own initiative. In addition, either the County Administrator, the PZC, the Growth Management Director, or the County Attorney may file a request with the Board fora "Zoning in Progress" or "Planning in Progress" Resolution." The request shall be made in writing and shall be accompanied by a County staff report evaluating the need for n revision to the Land Development Code and the area or areas within the County that will be affected. Such report shall contain a recommendation as to the need for a Resolution of the County Commission declaring "Zoning in Progress" or "Planning in Progress", as appropriate and for the adoption of a formal temporary suspension on the processing of certain applications for development orders, development permits, land use amendments, and zoning atlas changes. The Board may consider a Zoning in Progress Resolution on its own initiative. Section 4. County Commission Zoning in Progress Resolution Review and Decision. A. When proposed by either the County Administrator, the PZC, or the County Attorney, the Board shall review the request for a Zoning in Progress Resolution at the next available regularly scheduled meeting following the submittal of the request. 5:\ATTY\ORpNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 2 Of 7 I B. In response to the request, the Board shall make preliminary findings and, accordingly, approve, approve with conditions or modifications, or deny the proposed Zoning in Progress Resolution. C. Should the Board determine that a temporary suspension of certain pending applications for development orders, development permits, land use amendments, zoning atlas changes, or any other permits or approvals issued by the County is reasonably necessary or desirable pending the contemplated amendments or analyses, it shall: 1. Approve the Zoning in Progress Resolution; and 2. Order a fixed time, not to exceed 90 days, within which County staff shall report to the Planning and Zoning Commission and the Board with its report, a proposed ordinance, and recommendations relating to a potential temporary suspension. D. The Zoning in Progress Resolution shall be for a period not to exceed one hundred twenty (120) days after the first regularly scheduled Board meeting, unless an extension not exceeding forty (40) days is ordered pursuant to section F below. E. The Board on its own motion or otherwise may extend any Zoning in Progress Resolution for a longer period of time if reasonably necessary and the public interest requires. F. Should County staff be unable to report back to the Board within the time prescribed by its order, upon timely request by County staff and after public hearing on the need, the Board may extend the time limitation one time for a period not to exceed forty (40) days. G. Upon adoption of the Zoning in Progress Resolution, the County Attorney shall publish the adopted resolution in a newspaper of general circulation published in the County, within ten (10) days following the date of adoption. Section 5. Effect of Zoning in Progress Resolution. A. After the passage of the Zoning in Progress Resolution and during the period of time that the PZC and Board are considering a temporary suspension ordinance, no development orders or development permits of any kind, or any land use amendments or zoning atlas changes shall be issued if their issuance would result in the nonconforming or unlawful use of the subject property should the temporary suspension, text amendment, zoning district change or land use amendment, be finally.enacted by the Board. 5:\ATTY\ORDNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 3 Of 7 B. The Zoning in Progress Resolution shall apply to all "pending" applications for development orders or development permits of any kind, as well ns any land use amendments or zoning atlas changes. Applications which have been previously withdrawn and which are re- submitted after the passage of the Zoning in Progress Resolution shall also be sub ject to the application of this Ordinance, and the Growth Management Director may deem any applications to have been withdrawn if there is no evidence of the application having been pursued by the applicant for a period of time in excess of three (3) months. C. The period of time of such freeze on the issuance of development orders or development permits shall begin on the earlier of 1. Board adoption of Zoning in Progress Resolution; or 2. Notice has been given as required by law of the initial public hearing before PZC on the proposed amendment to the Land Development Code and/or Comprehensive Plan. Section 6. County Staff Review, Report and Recommendation. A. In the event the Board determines a temporary suspension is necessary to give County staff sufficient time to complete planning studies or other analysis prior to instituting an amendment to the Land Development Code and/or Comprehensive Plan, the Board, as part of the Zoning in Progress Resolution, shall direct County staff to prepare a temporary suspension ordinance. B. Within the time fixed by the Board, County staff shall first report to the PZC and then the Board with its ordinance and recommendations regarding the temporary suspension and its scope. C. County staff shall: 1. Provide a detailed report indicating the necessity for zoning changes. 2. Provide a recommendation ns to whether the proposed temporary suspension ordinance should be approved, approved with conditions, or denied. 3. Schedule the temporary suspension ordinance for hearing before the PZC. 5:\ATTY\ORDNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 4 Of 7 4, Provide notice of the PZC hearing pursuant to the requirements of the Land Development Code. Section 7. Planning and Zoning Commission Review and Recommendation. The Planning and Zoning Commission shall: A. Review the proposed temporary suspension ordinance at a public hearing. B. Make a written recommendation to the Board with regard to whether the proposed temporary suspension ordinance should be approved, approved with conditions, or denied. Section 8. Board Review and Decision. A. Upon receipt of the report and recommendation of County staff and the PZC, the Board shall review the report and recommendations at two public hearings. B. The Board shall hold the first public hearing following receipt of the County staff's and the PZC's recommendation. C. The Board shall hold a second public hearing and following the hearing adopt, adopt with modifications, or deny the proposed temporary suspension ordinance. D. The Board may, upon request by County staff, amend the scope and timing of the temporary suspension as needed. E. The County shall consider such amendments to the Land Development Code as are appropriate. Section 9. Waivers. If the Board has provided for waivers in the ordinance adopting a temporary suspension, the Board may grant a waiver of the temporary suspension where the applicant can show the following: A. The proposed development complies with the existing land development regulations. B. The proposed development satisfies the objective of the Board in ordering a temporary suspension. For example, if the Board is considering increasing the minimum 5:\ATTY\ORDNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 5 Of 7 T setback in a residential zoning district by two (2) feet, and the applicant demonstrates that it complies with the proposed modification to the setback, the Board may grant a waiver of the temporary suspension. C. The waiver will not hinder the intent of the Board in its proposed amendment to the Land Development Code. Section 10. Vested Rights. If the Board has provided for vested rights in the ordinance adopting a temporary suspension, a property owner may apply for a Vested Rights determination. Section 11. Exemptions. Notwithstanding the adoption of a temporary suspension ordinance, the County Administrator may authorize the issuance of building permits for nondeleterious items including, but not limited to, fences, repairs and similar matters, where (s)he determines that such permit will not affect the outcome of the planning study; provided, however, that with regard to any particular temporary suspension the Board may by ordinance increase or decrease allowable exemptions and may by ordinance provide either a supplemental or exclusive procedure for acting upon requests for exemptions. Such procedure may vest jurisdiction and responsibility for acting upon requests for exemptions in the County Administrator or any County administrative or quasi- judicial body or board. Section 12. Variances Change of Zoning or Tentative Plats During Temporary Suspension. During the existence of Zoning in Progress or any temporary suspension, no applications for variances, changes of zoning, development orders, development permits, or tentative plats. land use amendments or zoning atlas changes within the affected area shall be acted upon by any County agency, or unless otherwise specifically provided by the Board by ordinance with regard to a specific temporary suspension. Section 13. Severability. The provisions of this Ordinance are declared to severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 14. Codification. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Land Development Code of St. Lucie County, Florida, and that the sections of the Land Development Regulations may be renumbered or relettered to accomplish such intentions. 5:\ATTY\ORDNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 6 Of 7 Section 15. Effective Date. This Ordinance shall be effective upon filing with the Department of State. After motion and second, and second hearing and adoption, the vote on this Ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Crnft XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Chairman APPROVED AS TO FORM AND . CORRECTNESS County Attorney 5:\ATTY\ORDNANCE\2009\09-019-ZONING IN PROGRESS.DOC Page 7 Of 7 4 AGENDA REQUEST ADDITIONS - + ~ _ _ ITEM NO. VI-B3 e Date: June 8, 2009 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Teamsters Local Union No. 769 -Second Amendment to October 1, 2006 Collective Bargaining Agreement BACKGROUND: See C.A. No. 09-0706 FUNDS AVAIL.(State type & No. of transaction or N/A): Various department accounts. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the October 1, 2007 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chair to sign the amendment. COMMISSION ACTION: CONCURRENCE: ~J APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 aye W. Outlaw, MPA County Administrator Coordination/Sig_nntures County Attorney: 1i, o ~ Mgt. & Budget: Purchasing: Daniel 5. McIntyre Originating Dept. _ Other : Other Carl Holeva ~~nance (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: 09-0706 DATE: June 9, 2009 SUBJECT: Teamsters Local Union No. 769 -Second Amendment to October 1, 2006 Collective Bargaining Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed Second Amendment to the October 1, 2006 Collective Bargaining Agreement between the County and Teamsters Local Union No. 769. Pursuant to the proposed amendment, there will be no wage increase for members of the bargaining unit, other than promotion and end of probationary period increases, for fiscal year 2008-09. In addition, the Union will withdraw Grievance No. 606 which was filed to preserve its claim for a wage increase on October 1, 2008. Finally, the County will agree that no lay off of bargaining unit employees shall occur during the period of June 1, 2009 through and including September 30, 2009. The members of the bargaining unit will vote on ratification of the proposed amendment on June 8, 2009. If the amendment is not ratified, it will be pulled from the June 9, 2009 agenda. RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners approve the proposed Second Amendment to the October 1, 2006 Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chair to sign the amendment. Respectfully submitted, ~1i~t._. Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Human Resources Director Management and Budget Director Employee and Labor Relations Manager SECOND AMENDMENT TO OCTOBER 1, 2006 COLLECTIVE BARGAINING AGREEMENT THIS SECOND AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2006, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2006 through and including September 30, 2009; and, WHEREAS, effective October 1, 2007x the parties entered into a First Amendment to the Collective Bargaining Agreement; and, WHEREAS, the parties desire to further amend the Agreement by amending Articles 32, Wages, effective retroactive to October 1, 2008, and providing that no member of the bargaining unit will be laid off during the period June 1, 2009 through and including September 30, 2009. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Article 32, Wages, of the Agreement shall be amended as set forth in Exhibit "A". The Union hereby withdraws Grievance No. 606 and shall take no further action with regard to the subject matter of the Grievance. 2. The County agrees that no member of the bargaining unit shall be laid off during 1 the period June 1, 2009 through and including September 30, 2009. 3. This amendment shall take effect retroactively on October 1, 2008. 4. Except as previously amended, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the dates below written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIR DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: PRESIDENT DATE: BY: BUSINESS AGENT g:\atty\agreemnt\union.07. k.2a.doc 2 EXHIBIT "A" ARTICLE 32 WAGES Section 1. For the period October 1, 2008 through and including September 30, 2009, no member of the bargaining unit shall receive a wage increase except as otherwise herein provided. Section 2. Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) wage increase or the bottom of the pay range for the new position, whichever is greater. Section 3. Except as otherwise provided in Article 15 (Transfers) and Article 16 (Promotions), upon satisfactory completion of the evaluation period, an employee shall receive a five percent (5%) wage increase, effective with the first payroll period after completion of the evaluation period. ITEM NO. VI-C1 DATE: 6/9/09 • . AGENDA REQUEST REGULAR ( ) . .~~.n_ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E.~1~ SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Frito-Lay Distribution Center BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement to pay afee-in-lieu-of for constructing a concrete sidewalk with China Hart, Inc. (Frito-Lay Distribution Center) in the amount of $2,178.00 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 a e W. Outlaw, M A County Administrator CoordinatioNSignatures County Attorney (x) Engineering (x) ~'~F~ r2 t--l t~,~-~. . Daniel McIntyre Michael Powley Ori inatin De t. x ~ 9 9 P ( ) uVi - Finance (x) Do ald West Shai Francis Frito Lay agmt to pay fee in lieu of sidewalks.ag Page 1 of 2 Engineering Division • • ~ K- ~~u~., MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director~~~- FROM: Michael Powley, County Engineer DATE: June 9, 2009 SUBJECT: Frito-Lay Distribution Center ITEM NO. VI-C1 Background: The Frito-Lay Distribution Center is inside the Kings Highway Industrial Park situated north of Angle Road and west of Kings Highway. This project was approved as a minor site plan through CD Order 98-006 on April 24, 1998. On April 24, 2009 the Growth Management Director issued GM Order 09-011 approving a major adjustment to the minor site plan. As part of the approval process, the developer was required to construct a concrete sidewalk for the parcel's frontage on Commercial Circle. The developer (China Hart, Inc.) requested to pay afee-in-lieu-of construction in the amount of $2,178.00 due to the location of the existing swale and platted drainage easement. The Board has previously approved similar requests from other developers within this older industrial subdivision. To date we have collected a total of $25,834.72 within the Kings Highway Industrial Park. Recommendation: Board approval of the agreement to pay afee-in-lieu-of for constructing a concrete sidewalk with China Hart, Inc. (Frito-Lay Distribution Center) in the amount of $2,178.00 and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Agreement - 2 pages Page 2 of 2 AGREEMENT TO PAY FEE IN LIEU OF CONSTRUCTING CONCRETE SIDEWALKS THIS AGREEMENT is made and entered into this _5th_ day of _May 2009, by and between ST, LUCIE COUNTY, FLORIDA, apolitical subdivision of the Stote of Florida ("County") and Chinahart, Inc., (°Developer"). WITNESSETH: WHEREAS, Developer intends to construct n project to be known as Frito-Lay Expansion (the °Development"); and WHEREAS, the Developer cannot construct concrete sidewalks at the project location due to site conditions. WHEREAS, the Developer agrees to pay to the County Two Thousand One Hundred Seventy-Eight dollars ($2,178.00) as payment in lieu of constructing the required concrete sidewalks at the project location. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: Within fifteen (15) days from the date of this Agreement, the Developer shall deliver to the County funds in the amount of $2.,178.00 (the "Funds"). The Funds delivered to the County shall be used for design and construction of sidewalks at locations as determined by the County. The Funds are nonrefundable. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman -1- APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ESSES: XXX s ~ Print I~ nt:~ ,:~r3/rf ~ - - ? _ ~`t~:;) Title :,lf s F~ ~ ~i~ `n„~~.r.~ '?":1=""~~ -2- ITEM NO. VI-C2 ~ ~ DATE: 6/9/2009 • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:~ Donald Pauley SUBMITTED BY: Public Works -Road & Bridge Road & Bridge Manager SUBJECT: Amendment to the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101219-4109-553110-400 JPA Grant Account PREVIOUS ACTION: July 1, 2008 -Board approved the JPA with FDOT and Resolution # 08-211 September 2, 2008 -Board approved Budget Resolution 08-216 RECOMMENDATION: Board approval of the Amendment to the Joint Participation Agreement with Florida Department of Transportation. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, PA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) ~ Budget Analyst 1 ~ f Dan McIntyre Marie Gouin Tawonna Johnson Originating Dept. (X) Public Works (X) Donald'Pauley on West 1 Road & Bridge Division _ • _ ' ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Directo~~~ - FROM: Donald Pauley, Road & Bridge Manager~~~ DATE: June 9, 2009 SUBJECT: Amendment to the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). ITEM NO. VI-C2 Background: The Board approved the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) on July 1, 2008 and approved a Budget Resolution for this agreement on September 2, 2008. (See attached A-1 8~ A-2). This agreement (C08-07-308) is for the enhancement of the computerized Traffic Signal System in the unincorporated County. The current agreement provides for the FDOT to fund $200,000 to the County this budget year (FY08- 09) and $50,000 over the next three budget years. The $200,000 provided would be to develop a Signal Enhancement Master Plan. The funds for the following three years are to enhance any FDOT signalized intersections. After many discussions with FDOT, it has been determined that it would be more cost efficient to amend (See attached B1-2 & C1-4) of this agreement. The proposed changes include the following: 1.) Allowing the County to use the $200,000 this current budget year (FY08-09) to purchase video detection equipment to enhance any FDOT signalized intersections needed. This will be up to ten intersections. 2.) Remove the remaining $150,000 over the next three budget years and reprogram these funds to a future project in budget year (FY10/11) to allow FDOT to develop a countywide Signal Enhancement Master Plan. These changes will allow the FDOT to conduct a more cost effective and accurate Enhancement Master Plan because it will include the entire countywide area for less monies. Previous Action July 1, 2008 -Board approved the JPA with FDOT and Resolution # 08-211 September 2, 2008 -Board approved Budget Resolution 08-216 Recommendation Board approval of the Amendment to the Joint Participation Agreement with Florida Department of Transportation. 2 ~ ~ AGENDA REQUEST ~ ~ _ - - ITEM NO. F~' ~ - ~ DATE: July 1, 2008 4 . ~ s - ~.-.:::-<i REGULAR ( ] PUBLIC HEARING [ ] Ij CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION Donald Pauley F~-.Road & Bridge Manager ' SUBJECT: Approval of the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to enhance the operation of the County's computerized Traffic Signal System and the adoption of Resolution #08-211 authorizing the Chair to sign the JPA, i BACKGROUND: See attached memorandum. FUNDS AVAILABLE: , No match. 100% funding by FDOT. PREVIOUS ACTION: N/A RECOMMENDATION:. Staff Recommends the Board adopt Resolution # 08-211 authorizing the Chair to sign the Joint. Participation Agreement with FDOT approving of their funding for increased resources to enhance the operation of the County's computerized Traffic Sigral Systems. COMMISSION ACTION: CONCURR APPROVED [ ]DENIED j [ ]OTHER: Approved 5-0 Dou as M. Anderson County Administrator Coordination/Signanntures ~ X M t 8 Bud et V (J Purchasing: [ X j County Attorney [ J 9 9 (X J Originating Dept. Public Works ~ ( ]County Engineer [ J Other: [ X ]Finance (Check for cop only, f applicable) I~ Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services ~ Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. • f I AGENDA REQUEST - I EM NO. VI-E2 ~ - ATE: September 2, 2008 • • ~ GULAR [ 1 ~ UBLIC HEARING [ J ONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ROAD & BRIDGE (4109) PRESENTE BY Road & Bridge Manag SUBJECT: Approval of Budget Resolution 08-216 from the State of Flo 'da Department of Transportation (FDOT) Joint Participation Agreement (JPA) for funds the amount of $350,000 to enhance the operation of the County's computerized Traffic Signal sy tem. BACKGROUND: See attached memorandum. FUNDS WILL BE MADE AVAILABLE IN: 101219-4109-553110-400 JPA -Traffic Signal Maintenance PREVIOUS ACTION: On 7/1/08 Board approved the Joint Participation Agreement and Resolution #08-211 (Agenda FS). RECOMMENDATION: Approval of Budget Resolution 08-216 from the to of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for funds in the amount of $350,000 to enhance the operation of the County's computerized Traffic Signal system. COMMISSION ACTION: CON U CE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou as M. Anderson Co Administrator Coordination/Sifznatures County Attorney: Management & Budget & Purchasing: Dan McIntyre ~O h " Marne Gourn Originating Dept Public Works: ~ • O er: Don Pauley Do ld B. West Finance: (Check for Copy only, if applicable) ~ ~ l . i Florida Depnrrment o f Trctnsportc~tivn r. n ~rtt.tF Crtrsr 3400 West Commercial 8oolevard srt:rtr.~~n~: c. t~rit~F.i.r~c~~>. Grrvett~~>k Forf Looderdole, FL 33309-3421 tx Kt. r~rt~ Ntay 20, 2009 N•1s. Ann Amandro Traffic Operations Supen~isor St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982 Dear N1s. Amandro: Subject: Joint Participation Agreement, Contract #AP-823 Fyl # 409730-2-58-O1 Enhancement and Operations of the Computerized Traffic Control Signal System in St. Lucie County Request to Amend Contract The purpose of this letter is to summarize the proposed changes we discussed by telephone on May 14, 2009 regarding the subject contract and to get your concurrence on the proposed changes. The current schedule of funds referenced in Exhibit B of the subject JPA reflects $200,000 in FY 200812009. We propose that this $200,000 be used by your agency under the subject JPA, to furnish and install vehicle video detection at the following intersections: SR 5 (US-]) ~`cu, Savannah Club Blvd. SR 5 (US-1) @ North A 1 A SR 713 (King's Htiry) @ Winter Garden Pkwy. SR 713 (King's Hwy) (a~ Indrio Rd. SR 713 (King's Hwy) a% Angle Rd. SR 713 (King's II~ry) SR 68 (Orange Ave.) SR 68 (Orange Ave.) Je.nkins Rd. SR 68 (Orange Ave.) (a% Hartman Rd. SR 615 (25'x' St.) ~ Juanita Ave. SR 615 (25'x' St.) (cc St. Lucie Blvd The remaining JPA funds, 550,000 in FY 200912010, FY 2010/201 1 and FY 201 1/2012, a total of 5150,000, will be reprogrammed to advertise a Department managed consultant contract to produce a St. Lucie County ATMS Master Plan. www. dot. state. fl .u s Page 2 Amandro We believe this proposal will enhance the existing St. Lucie County signal system and will provide a more defined future system enhancement plan. Please respond by May 28, 2009 with your concurrence to the above stated proposal so that my office can begin work to amend the current JPA contract. If you have any questions, please contact me at (954) 777-4376 or contact Jayne Look at (954)777-4073. Sincerely, J ~ ~4 ` ~(i C~ • Jonathan Overton, P.L-. Assistant District Traffic Operations Engineer cc: Leos Kennedy, FDOT Jayne Look, FDOT Melissa Ackert, FDOT Stacy L. Miller-Novello, P.E., FDOT JO:jI Contract No.: AP-823 FIV1 No: 409730-2-58-01 Vendor No: VF 591-474-012 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENT AMENDMENT NUMBER ONE THIS AMENDMENT, made and entered into this da~~ of , 200_ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and ST. LUCIE COUNTY, located at 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA, 34982-5652, hereinafter called the COUNTI". ~VITNESSETH WHEREAS, on July 30, 2008, the parties entered into a Joint Participation Agreement, hereinafter referred to as the AGREEMENT, wherein the COUNTY agreed to provide certain improvements in connection with the Enhancement and Operations of the Computerized Traffic Control Signal System that monitors and control traffic signals at intersections on the State Highway System within St. Lucie County, Florida for F1I# 409730-2-S8-O1 and hereinafter referred to as the PROJECT; and, WHEREAS, the parties desire to amend the AGREEMENT; and WHEREAS, the parties hereto mutually agree that this amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Joint Participation Agreement dated July 30, 2008, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment reduces the funding by the DEPARTMENT to the COUNTY needed to support the enhancement and operations of the computerized traffic controls in St. Lucie County in the amount of~ ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00). The total compensation to the COUNTY shall be in the amount of TWO HUNllRED THOUSAND DOLLARS (5200,000.00), for the purchase of video detection equipment under the Agreement. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 3. Paragraph 6, Page 2, of the Agreement is revised to read as follows: In order for the COUNTY to obtain payment for services under this Agreement, the COUNTY shall submit the following: Pages 1 a) Quarterly progress report(s) reflecting the invoice period. b) Quarterly Invoice in Department Approved Format c) Documentation supporting the invoice amount. Supporting documentation shall include copies of employee timesheets and payroll information, invoices for purchases, training, etc. The first invoice submitted should be for the reimbursement of funds, expended by the COUNTY, for the purchase of video detection equipment. This equipment shall be purchased by the County after the execution of this Amendment. The DEPARTMENT shall complete the Signal System Enhancement Master Plan. 4. Exhibit A, Scope of Services, of the Agreement shall be removed in its entirety and replaced with Exhibit A of this Amendment, attached hereto and made a part hereof. 5. The "Estimated Cash Flow" shown in Exhibit "B', of the Agreement shall be removed in its entirety and replaced with the Table shown below. Original Total Department Fiscal Year Agreement Amendment No. 1 Contribution 2008/2009 $200,000.00 $0.00 $200,000.00 2009/2010 $50,000.00 $50,000.00 $0.00 2010/2011 $50,000.00 $50,000.00 $0.00 2011/2012 $50,000.00 $50,000.00 $0.00 Total $350,000.00 $150,000.00 $200,000.00 All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into of July 30, 2008, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. ,hereto attached. STATE OF FLORIDA ST. LUCIE COUNTY DEPARTMENT OF TRANSPORTATION BY: BY: NAME: ROSIELYN QUIROZ TITLE: DIRECTOR OF TRANSPORTATION SUPPORT Pages 2 ATTEST: APPROVED: (AS TO FORM) BY: COUNTY CLERK (SEAL) DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY: _ BY: COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR Pages 3 1 EXHIBIT `A' SCOPE OF SERVICES PROJECT DESCRIPTION: Initially this Project will fund an upgrade to the existing computerized traffic signal closed loop system in order to enhance system operations and maintenance. Thereafter, the Project will fund phased deployment of the upgrades. The County shall first obtain approval from the Department for the deployment of the upgrades to the proposed signal system. The Project's funding shall be used to obtain new signal system component installations and communications hardware needed to optimize the operational efficiency of the upgraded closed loop signal system. Before purchase by the County, the Department shall review and approve all proposed software, hardware and communication media to be purchased through this Project. Upon completion of installation of upgraded signal system, funding shall be obtained to maintain the system and communications hardware needed to optimize the operational efficiency of the new closed loop signal system. Reimbursable items include the payment of related telephone company service charges, locate services, and system component (modem, cable, etc.) upgrades. This Agreement also provides funding for other traffic signal system improvements, which includes, signal timing software that will enable the staff to develop signal timing plans. Priority will be given to the development and implementation of system timing plans for intersections on the State Highway System. Every month the County shall submit a listing to the Department of corridors with no less than 60 percent of total signals retimed under work associated with this contract. Additional activities that are eligible for participation under this Agreement include: Training for the Saint Lucie County Traffic Division Staff is also eligible for participation under this Agreement. The additional training will improve the ability of staff to develop signal timing plans and maintain signal system operation. The Department shall approve in advance any staff training. SPECIAL CONSIDERATIONS BY COUNTY: Audits: See Exhibit `C' Technical Work: The County shall obtain prior written approval of any signal system field, communication or central site hardware/software enhancement or modification from the Department. The County shall provide a detailed description of each enhancement and any associated licensing agreement. Progress Report: The County shall prepare progress reports for submission to the Department along with its request for payment. These reports shall be presented in a format which is acceptable to the Department and shall identify the progress of technical work which shall include the road segments on which signal coordination and retiming was performed including the total number of signals retimed, percent of signal retimed on the State Highway System, percent of signals retimed on the non-state signals and the percent of expected delay reduction. Pages 4 ITEM NO. VI - C3 is,~±~;~~ ,iii DATE: 6/9/2009 • . 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 Director`s ' SUBJECT: Amendment to Work Authorization No. 3 with Kimley Horn for St. Jamels Sidewalk Design BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563005-43106 County Capital -Transportation Bond -Local Option -Gas Tax PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Approval of first amendment to Work Authorization No. 3 in the amount of $6,500 with Kimley Horn and authorization for the Chair to sign documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ye W. Outlaw, A County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) Budget Analyst Dan McIntyre Marie Gouin Originating Dept. (X) ~ • ERD ( ) Don Id B. West Public Works Administration ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director , DATE: June 9, 2009 SUBJECT: Amendment to Work Authorization No. 3 with Kimley Horn for St. James Sidewalk ITEM NO. VI - C3 Background: Additional funding is required for Kimley Horn to prepare the required environmental documentation for the County to enter into a Local Agency Program (LAP) Agreement with Florida Department of Transportation. Previous Action March 14, 2006: Board approved funding of $55,000 from contingency funds for the design, engineering, and permitting of the St. James Drive Pedestrian /Bicycle Pathway project. September 23, 2008: Board approved Work Authorization #3 with Kimley-Horn and Associates, Inc. in the amount of $55,000 for the design, engineering and permitting of the St. James Drive Pedestrian/Bicycle Pathway project. Recommendation Approval of first amendment to Work Authorization No. 3 in the amount of $6,500 with Kimley Horn and authorization for the Chair to sign documents as approved by County Attorney. • • PROJ/PROG #43106 FIRST AMENDMENT TO WORK AUTHORIZATION NO. 03 CONTRACT C07-07-385 FOR CONTINUING PROFESSIONAL ROADWAY DESIGN SERVICES THIS WORK AUTHORIZATION is made as of the day of 2009 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and KIMLEY-HORN AND ASSOCIATES. INC. hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on Juiv 24, 2007 the COUNTY entered into a Consulting Agreement (Contract No. C07-07-385) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional Roadway and Intersection Design; 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: ST. JAMES DRIVE PEDESTRIAN/BICYCLE PATHWAY (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would Pike 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 (C07-07-385). 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 i as Exhibit "C" 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 houriy basis, and shall not exceed a total amount of Sixty One Thousand Five Hundred ($61.500.00) Dollars, an increase of $6.500.00 as further detailed in Exhibit "B". 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 July 21, 2009, as further described in Exhibit "C". 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 One Hundred Dollars ( 100.00) 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 his 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 WIT SSE D ASSOCIATES, iNC. BY 2~cs~-~ Print N m ea~,tc Title: ~f a" ec~ I Y to~?~ Page 3 of 3 ~ Kimley-Horn and Associates, Inc. r Sidle 300 `1vlay 8, '2009 6412ist Sveet hero Beach; Florida 92960-0881 Mark Dilvlascio 5t. Lucie County Parks and Recreation bepattment 2300 Virginia Ave. Pt. Pierce, FL 34982 772-4G2-2551 RE: Arnendment,No. 1 -Envronmentat Assessment. St. James Drive Fedestrianl;Bcycle Fathway Project St: I:uci~ County; Florida Dear.Ivir DNlasco: As requested, we have prepared a suppiementaL. scope and fee proposal for environmental services associated with the pedestrian facility imgrovemerits along the east-side of 1~ St. James Drive. We; appreciate this opportunity to work with St, .Lucie County and look forward to participating in .this project. Should you have any questions; please:feel~free to contact me at 772794-0083: Sincerely, K EY< AIYD ASSOCIATES, INC. ood, P.E. Pile U:\PioJxts1200a1S~. )atx~. SWK ProjcctU~iiem{oiaiit.No 11AmeudmcaCNo. 1:doc, TEL 772 562 7981 FAX 772 b82 9669 KimleyHorn. ~ " and Associates, Inc. Exhibit A Scope of Services 1'asic 1-Programmatic Categor~Cal Exclus~ors The Consultant understands "the County plans to construct ,pedestrian facilities along Si. James D.Ci~e (~5~' Street) between Rivers edge Elementary School driveway and the Okbow Fco-Centet (NW Jiatches Harbor): To be elgiBle far Federal funding, the :Cburity needs fo complete documet?taton in accordance with the PD&E Manual- and the National: ~nvirontnental. Policy Act: It is anticipated that he project willrequire documentation 'to show -that the :project meets'the"criteria for a Programriaatc Categorical $xcluson (PCB). The Consultant will .review readily available natural," social Nand .physical resource data cegarding the subject sites including but.not limited tq wetland maps, soils, traps, listed species, GIS databases, contatriiltatiori data for'an on- line data source, historical and archaeological data from the Florida IVIa§ter Sitc File and FEMA Flood Insurance Rate Tvlaps. The Consultant will'then coztduct one site visit to assess fife environmental conditions of the: site. Contamination review will be limited to database review, file review and field reconnaissance. This scope assumes that due to .the nature of the improvements detailed coordination "with the. State: Historic Preservation. Officer or any regulatory agency will-not lie required. The Consultant will completo the 'Type I -and Programmmatic Categorical Exclusion checklist. as provided :in Part- Y, Chapter 2 of `the FDOT PD&B Manual. The :Consultant will also. prepare a supporting ~xtetnorandum,. ovation map and aerial. snap. The :Consultant will subttiit the 1?CE to the County and FDOT for review and respond to one round of comments. Kimley-Horn ~ and Asaociales, Inc, Exhibit B Compensatpn We wiill provide the services described in Task 1 for a lump sum amount of $6,500, inclusive of d9tect'eXpenses, Por irifortriatonal purpo$es a breakdown of the individual-tasks are provided Below, Task.l -Programmatic `Categorical Exclusion $6,500 ~ KfmleyHorn and Associates, Inc, Exhibit C Schedule upon Notice to Proceed (NTP} authorization to proceed by he G~UNTY, the project milestone dates.are as follows. Milestone datesc N'l"p anticipated on or before an:or before 6/2/09 ProgrammaEic Categorical Exclusion 7%21/09 ITEM NO. VI-D - ~ DATE: 6/09/09 ~ AGENDA REQUEST REGULAR ( ) • PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation /Capitol Projects Project Manager SUBJECT: Fairgrounds 52-Acre FEMA Storm Water Management Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316-7420-563000-7803 Fairgrounds Property FEMA PREVIOUS ACTION: November 14, 2006 - BOCC approved award of RFP 06-114 to Miller Legg for Consultant Services fora 52-acre Site Plan at the south end of the St. Lucie County Fairgrounds. RECOMMENDATION: Board authorization to reallocate funds remaining after completion of the St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass Tank project to address storm water management deficiencies in the 52-acre FEMA site located at the south end of the St. Lucie County Fairgrounds. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED OTHER Approved 5-0 Faye W. Outlaw, M County Administrator Coo rd i n ati o n/S i q n atu res OMB Director County Attorney (X) Budget Analyst (X) . Daniel McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) Purchasing Debra Brisson Parks and Recreation • . _ MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Project Manager DATE: June 9, 2009 SUBJECT: Fairgrounds 52-Acre FEMA Storm Water Management Improvements ITEM NO. VI - D Background: On March 2, 2007, a Purchase Order was issued to Miller Legg to prepare construction documents to address storm water management deficiencies in the 52-acre FEMA site located at the south end of the St. Lucie County Fairgrounds. Final plans to bring the 52-acre FEMA site into compliance with South Florida Water Management District (SFWMD) and North St. Lucie River Water Control District (NSLRWCD) permitting requirements were completed on January 29, 2009. At this time there were no identified funds to construct the required improvements. Upon completion of the St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass Tank project, there was an unused balance of $59,820.70 in Close Construction Inc.'s construction contingency account. On February 11, 2009, a change order was signed by the Board of County Commissioners Chair and County Attorney to reduce Close Construction's contract in the amount of $59,820.70. This funding was released and moved into the Fairgrounds Property FEMA account. At this time staff is requesting to reallocate the $59,820.70 to construct the required drainage improvements on the 52-acre FEMA site at the Fairgrounds. Upon completion of these improvements the County will receive final permits and certifications form South Florida Water Management District (SFWMD) and North St. Lucie River Water Control District (NSLRWCD) for the 52-acre FEMA site. Recommendation: Board authorization to reallocate funds remaining after completion of the St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass Tank project to address storm water management deficiencies in the 52-acre FEMA site located at the south end of the St. Lucie County Fairgrounds. ITEM NO. VI-E ' DATE: 06/09/09 i ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene /e~ SUBMITTED BY: Grants/Disaster Recovery Grants Resource Developer SUBJECT: Wetland Program Development Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: See attached memorandum. PREVIOUS ACTION: Not applicable RECOMMENDATION: Board approval to submit a grant application to the United States Environmental Protection Agency, Wetland Program Development Grants program and authorize the Chair to sign the application. COMMISSION ACTION: CONCURRENCE: ~C) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 w. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X)`'_ ' / Bud et Anal st / 1~~~~""°° 9 Y Daniel McIntyre Marie ou n ~F~t2, Tawonna Johnson Originating Dept. (X) Environmental (X) Resources Director u,/' Wil is effner K Smith r Mosquito Control (X) Director Ja es David Growth (X) Management Director ~ ark Satterlee Grants/Disaster Recovery i MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner,~~Y~(/ Grants/Disaster R covery Director FROM: Roberta Breene Grants Resource Developer DATE: June 6, 2009 SUBJECT: Wetland Program Development Grant Application ITEM NO. VI-E-S Backcaround: The proposed project will conduct a study of the effectiveness of existing federal, state and local wetland regulatory apparatus as it relates to St. Lucie County (SLC) wetlands and will make recommendations for revisions to the existing local Land Development Codes (LDC) and the Comprehensive Plan (CP). The project also will include a description of wetlands and associated wetland functions as well as the status of these wetlands. The total project cost is $109,049. The County's 25% match of $27,263 will be provided equally ($9,087.67 each) by the Mosquito Control District (Account No. 145-9910-599300-800, Reserves), Growth Management Department (Account No. 102-1510-531000-100, Planning, Professional Services, and Environmental Resources Department (Account No. 102-3920-534000-300, Other Contractual Services). Recommendation: Board approval to submit a grant application to the United States Environmental Protection Agency, Wetland Program Development Grants program and authorize the Chair to sign the application. ~ = ~ ~ - ITEM NO. VI-F ~ ~ ~ - - - DATE: 06/09/09 - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin ~-y~ SUBMITTED BY: Office of Management & Budget/Purchasing Director , SUBJECT: Amendment to the St. Lucie County Health Department's budget to fund HIV/AIDS prevention services through In the Image of Christ BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-6210-581020-600 County Health Department (pending Board approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of budget amendment 09-023 and authorization to pay $20,000 to the St. Lucie County Health Department. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED / ( ) OTHER approved 5-0 a e W. Outlaw, MP Approved 5-0 County Administrator Coordination/Signatures ` ~ OMB County Attorney (X) j ~ ~ Budget Analyst (X) Dan McIntyre Jennifer Hill t Other ( ) ERD ( ) (Name) (Name) Office of Management ~ ~ _ _ & Budget/Purchasing • ~ - MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director m DATE: June 9, 2009 SUBJECT: Amendment to the St. Lucie County Health Department's budget to fund HIV/AIDS prevention services through In the Image of Christ ITEM NO. VI-F Background: In the Image of Christ, Inc. has been awarded $120,000 for HIV/AIDS prevention services under the Closing the Gap program. This grant is contingent on matching dollars of $40,000. In the Board of County Commissioner's May 26~h informal meeting, the Board expressed a desire to contribute $20,000 of these matching funds through the St. Lucie County Health Department. The Fort Pierce Redevelopment Authority has agreed to match the County's $20,000. $900,000 was budgeted for renovations at the logistic center. To date, $85,975.27 has been spent and an additional $29,989.73 has been obligated for architectural services, leaving a balance of $784,035. Of this balance, $300,000 is set aside for the proposed Community Services renovation project. Budget amendment 09-023 moves $20,000 from the logistic center project to the St. Lucie County Health Department's budget. Recommendation Board approval of budget amendment 09-023 and authorization to pay $20,000 to the St. Lucie County Health Department. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 5/28/2009 AGENDA DATE: 6/9/2009 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-6210-581020-600 County Health Department $20,000 FROM: 001-1930-562000-1650 Buildings $20,000 REASON FOR BUDGET AMENDMENT: Funding for Image of Christ through the County Health Department. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT BA09-023 DOCUMENT # & INPUT BY: a Marie Gouin From: JonWard@city-ftpierce.com Sent: Monday, June 01, 2009 4:06 PM To: Marie Gouin Subject: In The Image of Christ Grant ['Watchdog': checked] Hi, Marie; As we discussed in our conversation this morning, at the recent May 27 FPRA meeting, the Board agreed to fund a $20,000.00 grant to "In the Image of Christ." It will serve as our half of a required grant match for the State grant of $120,000, which will be used for an HIV/AIDS outreach program to be performed by that organization in Fort Pierce. It is our understanding that the St. Lucie County BOCC voted to provide the balance of $20,000 at your meeting on May 26, which will complete the organization's grant match requirements. Let me know if you have any questions on this issue. Regards, jw Jon Ward, Director Ft. Pierce Redevelopment Agency (FPRA) City of Ft. Pierce, FL 100 North US 1 Ft. Pierce, FL 34954 (772) 460-2200, x 277 1 ITEM NO. VI-G1 ~ ~ - DATE: 06/09/09 • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI,JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Mana er SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-331510-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: September 11, 2007 -Approved grant application submission. February 26, 2008 -Approved grant agreement. September 2, 2008 -Approved Modification Number One. RECOMMENDATION: Board acceptance of Modification Number Two to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-p1-A05, and authorization for the Chair to sign the mod cation as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER a e W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst x~ (D.{ani I S. McIntyre Marie ouin • ~Ny9~ Sophia Holt Originating Dept. ( ) ERD ( ) Beth Ryder Community Services _ - _ ~1 ~ - • MEMORANDUM TO: Board of County CommissiQoners THROUGH: Beth Ryder, Directo~ t~"- FROM: Jessica Parrish, Housing Manager DATE: 06/09/09 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Agreement Modification ITEM NO. VI - G1 Backstround: The CDBG DRI Grant is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. Modification Number Two was initiated by the Department of Community Affairs to modify Attachment C, Section I: State and Federal Regulations, number 58 to include reference to OMB Circular A-102, which was omitted. Recommendation Board acceptance of Modification Number Two to St. Lucie County CDBG DRI Supplemental Grant Agreement 08-DB-D3-10-66-01-A05, and authorization for the Chair to sign the mod cation as approved by the County Attorney. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS `Dedicated to making Florida a better place to call home' CHARLIE CRIST THOMAS G. PELHAM Governor May 14, 2009 The Honorable Paula Lewis St. Lucie County Board of Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: Department Initiated Modification Agreement #08DB-D3-10-66-O1-A05 Deaz Chairperson Lewis: Please review the enclosed Modification Number 2 initiated by the Department of Community Affairs in response to the Bureau of Auditing review of the referenced grant Agreement. The finding indicated no language was included regarding compliance with OMB Circular A-102. This modification revises Attachment C, Section I: State and Federal Regulations, number 58 to include reference to OMB Circulaz A-102. The three (3) copies of this modification must be signed and returned to Colleen Matthews for processing. Once the modification has been signed by the Department an original copy will be returned to you for your files. If you have questions regazding this modification, please contact Colleen Matthews at 850/922-1878. Sincerely yours, ( ' , ~1. ac upree, Admini for o Small Cities CDBG, Disaster Recovery and Neighborhood Stabilization Programs JD/cm ~ - ReeeNsd by Enclosure(s) Mar 19 2009 N St. Lucie County Community Services 2555 3HUMARD OAK BOULEVARD ? TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ? 850-921-0781 (f) ? Website: www.dca.state.fl.us • COMYUNRY PLANNING 65x48&2358 (p) 850-X863308 (n • FLORIDA COYYUDN7IES TitIIST 85x922-2207 (D) 850.921-1747 (p • NOUaING AND COYYUNRY DEVELOPYEM 85x486-79581P) • Department of Community Affairs Initiated Modification MODIFICATION NUMBER 2 TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND ST. LUCIE COUNTY This Modification is made and entered into by and between the State of Florida Department of Community Affairs, (the Department"), and St. Lucie County, ("the Recipient"), to modify DCA Contract Number 08DB-D3-10-66-O1-A05, awazd dated May 14, 2008, ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of $ 4,501,561.79 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Disaster Recovery Program as set forth in the Agreement; WHEREAS, the Department desires to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: o Attachment C, Section I: State and Federal Statutes and Regulations is hereby deleted and is replaced by the revised Attachment C, Section I: State and Federal Statutes and Regulations, specifically, number 58 is revised to include reference to OMB Circulaz A-102, as revised. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and aze hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and aze to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Community Affairs Recipient Name: St. Lucie County By: By: Name: Janice Browning Name: Title: Director, Division of Housing Title: and Community Development Date: Date: r Attachment C State and Federal Statutes, Regulations and Program Conditions ep signa[una of fhb ~r..m.nt, ttre focal povarrrrrarrt hereby eartlftas that K will comply witi!r th. totlovving applicable federal and state nqulroments: Section 1: State and Federal Statutes and Regulations 1. Community Development Block Grant, Final Ruk, 24 35. Protection of Historic and Cultural Properties under C.F.R., Part 570; HUD Programs, 24 C.F.R PaR 59; 2. Florida SmaN and Minority Business Ad, s. 288.702- 288.714, F.S.; 36. Coastal Zons Management Ad of 1972, P.L. 92-583; 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. Architectural and Construction Standards; F.S.; 38. Archdedural Barriers Ad of 1968, 42 U.S.C. 4151; 4. Local Govsmmsnt ComprsAenahre Piannhrg and Land 39. Executive Order 11296, relating to evaluation of tkwd Development Regulatlon Ad, Ch. 163, F.S.; hazards; 5. Title 1 of the Housing and Community Development Ad 40. Executive Order 11288, relating to prevention, control of 1974, as amended and abatement of water pollution; 6. Troasury Circular 1075 rogardfng drswdown of CDBG 41. Cost-Eflsative Energy Conservation Standards, 24 funds C.F.R. 7. Sections 290.0401-280.049, F.S.; Part 39; 8. Rule Chapter 9B~3, Fla. Admin. Code.; 42. Becton 8 Existing Housing Quality Standards, 24 9. Department of Community Afhirs Technical C.F.R Memorandums: Pert 882; 10. HUD Circular Memorandums applicabk to the Small 43. Coasbl Barrier Reaoun~ Ad of 1982; Cities CDBG Program; 44. Federal Fair Labor Standards Ad, 29 U.S.C., a. 201 et 11 Singb Audit Act of 1984; seq.; 12. National EnvirorrrnerNsl Policy Act d 1969 and other 45. Tdk VI of the Civil Righb Act of 1964 - Non- provisions d Iawwhich further the purpose of this Ad; discrinination; 13. National Historic Preservation Ad of 1966 (Public 46. Title Vli d the Civil Righb Ad ct 1968 - Non- Law89-665) discrimination in housing; as amsrrdsd and Protsdbn of Historic Propsrtles (24 47. Age Di:atMrwtion Act of 1975; C.F.R Part 800); 48. Executive Order 12892- Fair Housing 14. Preservation of Archaeological and Historical Data Ad 49. Section 109 ~ the Housing and Community of 19136; DeMelopmerrt Act ~ 1974, Non-discrimination; 15. E~aecutive Order 11593 -Protection and Enhancement 50. Section 504 of the Rehabilitation Ad of 1973 and 24 of Culhrral Environment; C.F.R 16. Reservoir SaMage Act: Part 8; 17. Safe Drinking Water Ad of 1974, as amended; 51. Executive Order 11063 -Equal Opportunity in 18. Endangered Species Act of 1958. as amended; Fbusing; 19. Executive Order 12898 - Envrrorrriental Justice 52. Executive Order 11248 -Non-dbr~nation; 20. Executive Order 11988 and 24 C.F.R. Part 55 - 53. Section 3 of the Housing end Urban Development Ad Fkwdplain ManegemerrK of 1968, as amended - EmpbymenNTreining ct Lower 21. The Federal Water Pollution Control Ad of 1972, as Income Residents and Local Business Contracting; amended (33 U.S.C., s. 1251 et.ssq.); 54. Uniform Rekrcation Assistance and Real Property 22. Executive Order 11990 - Protection of Wetlands; Acquisitlon Polk~ea Ad of 1970, P.L., 100-17, and 49 23. Coastal Zone Management Ad ct 1968, as amended; C.F.R. Pali 24; 24. Wild and Scenic Rivers Ad of 1968, as amended; 55. Copeland Anti-iGdcbadc Ad of 1934; 25. Clean Air Act of 1977; 56. Hatch Ad; 26. HUD Environmental Standards (24 C.F.R Part 58); 57. Tito NLead-Based Paint Poisoning Prevention Ad 27. Farmland Protection Pokcy Ad ~ 1981; (42 U.S.C., s. 1251 eL seq.); 28. Clean Water Ad of 1977; 58. OMBCirculars A-87, A-102, A-122, and A-133, as 29. Davis -Bacon Act; revised; 30. Contract Work Hours and Safety Standanis Ad of 59. Administrative Requiremenb for Granb, 24 C.F.R. 1962, 40 U.S.C. s. 327 et seq.; Part 85; 31. The Wildlife Coordination Ad of 1958, as amended; 80. Section 102 of the Department of Housing and Urban 32. The Solid Waste Disposal Ad, as amended by the Development Reform Ad of 1969 end 24 C.F.R. Part Resource Conservation and Recovery Ad of 1975 (42 12; U.S.C., s. 6901 eL seq.); 61. Emergency Ruk 9BER06-1, CDBG Disaster Recovery 33. Noise Abatemerrt and Control: Departments! Policy Funds; Implementation, ResponsibiNtles, and Standards, 24 62. HUD program requiremenb for disaster recovery C.F.R. Part 51, Subpart B; prolecb as published in Federal Register, Vol. 69, 34. Flood Disaster Protection Ad of 1973, P.L. 92-234; 24 Circular No. A-102 -Grants and Cooperative Agreements with State and Local Governor... Page 1 of 6 , d ~~DEbj v,' ` a c o z • s ~ o ? a ~ ~ ~ r~J~x~ . s~,~+~y EXECUTIVE GFFiCE GF THE PRESIDENT OrFICE GF `dA,NkGEldENT hND @UDGET August 29, 1997 MEMORANDUM FOR THE RECORD FROM: Norwood J. Jackson Deputy Controller Office of Federal Financial Management SUBJECT: Recompilation of OMB Circular A-102 I certify that the attached document constitutes a recompilation of Office of Management and Budget Circular A-102, "Grants and Cooperative Agreements with State and Local Governments." The recompilation consists of the last complete revision of the Circular published at 59 FR 52224 (dated October 7, 1994, published October 14, 1994), as further amended at 62 FR 45934 (August 29, 1997). CIRCULAR A-102 (REVISED 10/7/94, As Further Amended 8/29/97) CIRCULAR NO. A-102 Revised TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Grants and Cooperative Agreements with State and Local Govemments 1. Purpose. This Circular establishes consistency and uniformity among Federal agencies in the management of grants and cooperative agreements with State, local, and federally- recognized Indian tribal govemments. This revision supersedes Office of Management and Budget (OMB) Circular No. A-102, dated March 3, 1988. 2. Authority. This Circular is issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Procedures Act of 1950, as amended; Reorganization Plan No. 2 of 1970; Executive Order 11541 and the Chief Financial Officers Act, 31 U.S.C. 503. Also included in the Circular are standards to ensure consistent implementation of sections 202, 203, and 204 of the Intergovernmental Cooperation Act of 1968, the Office of Federal Procurement Policy Act Amendments of 1983, and sections 6301-08, title 31, United States Code. 3. Background. On March 12, 1987, the President directed all affected agencies to issue a grants management common rule to adopt government-wide terms and conditions for grants to State and local govemments, and they did so. In 1988, OMB revised the Circular to provide guidance to Federal agencies on other matters not covered in the common rule. 4. Required Action. Consistent with their legal obligations, all Federal agencies administering programs that involve grants and cooperative agreements with State, local and Indian tribal govemments (grantees) shall follow the policies in this Circular. If the enabling legislation for a specific grant program prescribes policies or requirements that differ from those in this Circular, the provisions of the enabling legislation shall govern. 5. OM6 Responsibilities. OMB may grant deviations from the requirements of this Circular when permissible under existing law. However, in the interest of uniformity and consistency, deviations will be permitted only in exceptional circumstances. 6. Information Contact. Further information concerning this Circular may be obtained from: Office of Federal Financial Management Office of Management and Budget Room 6025 New Executive Office Building Washington, DC 20503 (202)395-3993 http://www.whitehouse.gov/omb/circulars/a102/a102.htm1 6/1/2009 Circular No. A-102 -Grants and Cooperative Agreements with State and Local Governor... Page 2 of 6 7. Termination Review Date. The Circular will have a policy review three years from the date of issuance. 8. Effective Date. The Circular is effective on publication. Attachment ATTACHMENT Circular No. A-102 GRANTS AND COOPERATIVE AGREEMENTS WITH STATE AND LOCAL GOVERNMENTS 1. Pre-Award Policies. a. Use of grants and cooperative agreements. Sections 6301-08, title 31, United States Code govern the use of grants, contracts and cooperative agreements. A grant or cooperative agreement shall be used only when the principal purpose of a transaction is to accomplish a public purpose of support or stimulation authorized by Federal statute. Contracts shall be used when the principal purpose is acquisition of property or services for the direct benefit or use of the Federal Government. The statutory criterion for choosing between grants and cooperative agreements is that for the latter, "substantial involvement is expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement." b. Advance Public Notice and Priority Setting. (1) Federal agencies shall provide the public with an advance notice in the Federal Register, or by other appropriate means, of intended funding priorities for discretionary assistance programs, unless funding priorities are established by Federal statute. These priorities shall be approved by a policy level official. (2) Whenever time permits, agencies shall provide the public an opportunity to comment on intended funding priorities. (3) All discretionary grant awards in excess of $25,000 shall be reviewed for consistency with agency priorities by a policy level official. c. Standard Forms for Applying for Grants and Cooperative Agreements. (1) Agencies shall use the following standard application forms unless they obtain Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1980 (44 U.S.C. 35) and the 5 CFR Part 1320, "Controlling Paperwork Burdens on the Public": SF-424 Facesheet SF-424a Budget Information (Non-Construction) SF-424b Standard Assurances (Non-Construction) SF-424c Budget Information (Construction) SF-424d Standard Assurances (Construction) When different or additional information is needed to comply with legislative requirements or to meet specific program needs, agencies shall also obtain prior OMB approval. (2) A preapplication shall be used for all construction, land acquisition and land development projects or programs when the need for Federal funding exceeds $100,000, unless the Federal agency determines that a preapplication is not needed. A preapplication is used to: (a) Establish communication between the agency and the applicant, (b) Determine the applicant's eligibility, (c) Determine how well the project can compete with similar projects from others, and (d) Discourage any proposals that have little or no chance for Federal funding before applicants incur significant costs in preparing detailed applications. (3) Agencies shall use the Budget Information (Construction) and Standard Assurances (Construction) when the major purpose of the project or program is construction, land acquisition or land development. (4) Agencies may specify how and whether budgets shall be shown by functions or activities within the program or project. lril Anenciec chro dri nenerally inclurie a rent iecf fnr a nrnnram narrative statement whirth is haacari nn the http://www.whitehouse.gov/omb/circulars/a 102/a 102.htm1 6/ 1 /2009 Circular No. A-102 -Grants and Cooperative Agreements with State and Local Governor... Page 3 of 6 following instructions: (a) Objectives and need for assistance. Pinpoint any relevant physical, economic, social, financial, institutional, or other problems requiring a solution. Demonstrate the need for the assistance and state the principal and subordinate objectives of the project. Supporting documentation or other testimonies from concerned interests other than the applicant may be used. Any relevant data based on planning studies should be included or footnoted. (b) Results or Benefits Expected. Identify costs and benefits to be derived. For example, show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public. (c) Approach. Outline a plan of action pertaining to the scope and detail how the proposed work will be accomplished for each assistance program. Cite factors which might accelerate or decelerate the work and reasons for taking this approach as opposed to others. Describe any unusual features of the project, such as design or technological innovations, reductions in cost or time, or extraordinary social and community involvements. Provide for each assistance program quantitative projections of the accomplishments to be achieved, if possible. When accomplishments cannot be quant~ed, list the activities in chronological order to show the schedule of accomplishments and target expected completion dates. Identify the kinds of data to be collected and maintained, and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified are being achieved. List each organization, cooperator, consultant, or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. (d) Geographic location. Give a precise location of the project and area to be served by the proposed project. Maps or other graphic aids may be attached. (e) If applicable, provide the following information: for research and demonstration assistance requests, present a biographical sketch of the program director with the following information: name, address, telephone number, background, and other qualifying experience for the project. Also, list the name, training and background for other key personnel engaged in the project. Describe the relationship between this project and other work planned, anticipated, or underway under Federal assistance. Explain the reason for all requests for supplemental assistance and justify the need for additional funding. Discuss accomplishments to date and list in chronological order a schedule of accomplishments, progress or milestones anticipated with the new funding request. If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes, or amendments, explain the reason for the change(s). If the scope or objectives have changed or an extension of time is necessary, explain the circumstances and justify. If the total budget has been exceeded or if the individual budget items have changes more than the prescribed limits, explain and justify the change and its effect on the project. (6) Additional assurances shall not be added to those contained on the standard forms, unless specifically required by statute. d. Debarment and Suspension. Federal agencies shall not award assistance to applicants that are debarred or suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. Agencies shall establish procedures for the effective use of the List of Parties Excluded from Federal Procurement or Nonprocurement programs to assure that they do not award assistance to listed parties in violation of the Executive Order. Agencies shall also establish procedures to provide for effective use and/or dissemination of the list to assure that their grantees and subgrantees (including contractors) at any tier do not make awards in violation of the nonprocurement debarment and suspension common rule. e. Awards and Adjustments. (1) Ordinarily awards shall be made at least ten days prior to the beginning of the grant period. (2) Agencies shall notify grantees immediately of any anticipated adjustments in the amount of an award. This notice shall be provided as early as possible in the funding period. Reductions in funding shall apply only to periods after notice is provided. Whenever an agency adjusts the amount of an award, it shall also make an appropriate adjustment to the amount of any required matching or cost sharing. f. Carryover Balances. Agencies shall be prepared to identify to OMB the amounts of carryover balances (e.g., the amounts of estimated grantee unobligated balances available for carryover into subsequent grant periods). This presentation shall detail the fiscal and programmatic (level of effort) impact in the following period. g. Special Conditions or Restrictions. Agencies may impose special conditions or restrictions on awards to "high risk' applicants/grantees in accordance with section _.12 of the grants management common rule. Agencies shall document use of the "Exception" provisions of section _.6 and "High-risk" provisions of section -12 of the grants management common rule. h. Waiver of Single State Agency Requirements. http://www.whitehouse.gov/omb/circulars/a 102/a 102.htm1 6/ 1 /2009 } Circular No. A-102 -Grants and Cooperative Agreements with State and Local Governm... Page 4 of 6 State agency requirements in accordance with section 31 U.S.C. 6504, "Use of existing State or multi- member agency to administer grant programs," shall be given expeditious handling and, whenever possible, an affirmative response. (2) When it is necessary to refuse a request for waiver of "single" State agency requirements under section 204 of the Intergovernmental Corporation Act, the Federal grantor agency shall advise OMB prior to informing the State that the request cannot be granted. The agency shall indicate to OMB the reasons for the denial of the request. (3) Legislative proposals embracing grant-in-aid programs shall avoid inclusion of proposals for "single" State agencies in the absence of compelling reasons to do otherwise. In addition, existing requirements in present grant-in-aid programs shall be reviewed and legislative proposals developed for the removal of these restrictive provisions. i. Patent Rights. Agencies shall use the standard patent rights clause specified in "Rights to Inventions made by Non-profit Organizations and Small Business Firms" (37 CFR Part 401), when providing support for research and development. j. Metric System of Measurement. The Metric Conversion Act of 1975, as amended, declares that the metric system is the preferred measurement system for U.S. trade and commerce. The Act requires each Federal agency to establish a date(s), in consultation with the Secretary of Commerce, when the metric system of measurement will be used in the agency's procurement, grants, and other business-related activities. Metric implementation may take longer where the use of the system is initially impractical or likely to cause significant inefficiencies in the accomplishment of federally-funded activities. Heads of departments and agencies shall establish a process for a policy level and program level review of proposed exceptions to metric usage in grants programs. Executive Order 12770 ("Metric Usage in Federal Government Programs") elaborates on implementation of the Act. 2. Post-award Policies. a. Cash Management. Agency methods and procedures for transferring funds shall minimize the time elapsing between the transfer to recipients of grants and cooperative agreements and the recipient's need for the funds. (1) Such transfers shall be made consistent with program purposes, applicable law and Treasury regulations contained in 31 CFR Part 205, Federal Funds Transfer Procedures. (2) Where letters-of-credit are used to provide funds, they shall be in the same amount as the award. b. Grantee Financial Management Systems. In assessing the adequacy of an applicant's financial management system, the awarding agency shall rely on readily available sources of information, such as audit reports, to the maximum extent possible. If additional information is necessary to assure prudent management of agency funds, it shall be obtained from the applicant or from an on-site review. c. Financial Status Reports. (1) Federal agencies shall require grantees to use the SF-269, Financial Status Report-Long Form, or SF- 269a, Financial Status Report-Short Form, to report the status of funds for all non-construction projects or programs. Federal agencies need not require the Financial Status Report when the SF-270, Request for Advance or Reimbursement, or SF-272, Report of Federal Cash Transactions, is determined to provide adequate information. (2) Federal agencies shall not require grantees to report on the status of funds by object class category of expenditure (e.g., personnel, travel, equipment). (3) If reporting on the status of funds by programs, functions or activities within the project or program is required by statute or regulation, Federal agencies shall instruct grantees to use block 12, Remarks, on the SF-269, or a supplementary form approved by the OMB under the Paperwork Reduction Act of 1980. (4) Federal agencies shall prescribe whether the reporting shall be on a cash or an accrual basis. If the Federal agency requires accrual information and the grantees's accounting records are not normally kept on an accrual basis, the grantee shall not be required to convert its accounting system but shall develop such accrual information through an analysis of the documentation on hand. d. Contracting With Small and Minority Firms, Women's Business Enterprises and Labor Surplus Area Finns. It is national policy to award a fair share of contracts to small and minority business firms. Grantees shall take similar appropriate affirmative action to support of women's enterprises and are encouraged to procure goods and services from labor surplus areas. e. Program Income. (1) Agencies shall encourage grantees to generate program income to help defray program costs. However, Federal agencies shall not permit grantees to use grant-acquired assets to compete unfairly with the private sector http://www.whitehouse.gov/omb/circulars/a 102/a 102.htm1 6/1 /2009 Circular No. A-102 -Grants and Cooperative Agreements with State and Local Governm... Page 5 of 6 , (2) Federal agencies shall instruct grantees to deduct program income from total program costs as specified in the grants management common rule at paragraph _.25 (g)(1), unless agency regulations or the terms of the grant award state otherwise. Authorization for recipients to follow the other alternatives in paragraph - 25 (g) (2) and (3) shall be granted sparingly. f. Site Visits and Technical Assistance. Agencies shall conduct site visits only as warranted by program or project needs. Technical assistance site visits shall be provided only (1) in response to requests from grantees, (2) based on demonstrated program need, or (3) when recipients are designated "high risk" under section _.12 of the grants management common rule. g. Infrastructure Investment. Agencies shall encourage grantees to consider the provisions of the common rule at Section 31 and Executive Order 12803 ("Infrastructure Privatization"). This includes reviewing and modifying procedures affecting the management and disposition of federally-financed infrastructure owned by State and local governments, with their requests to sell or lease infrastructure assets, consistent with the criteria in Section 4 of the Order. Related guidance contained in Executive Order 12893 ("Principles for Federal Infrastructure Investments") requiring economic analysis and the development of investment options, including public-private partnership, shall also be applied. On March 7, 1994, OMB issued guidance on Executive Order 12893 in OMB Bulletin No. 94-16. h. Resource Conservation and Recovery Act. Agencies shall implement the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C. 6962). Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds must comply with Section 6002 of RCRA. Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency (EPA). Current guidelines are contained in 40 CFR Parts 247-253. State and local recipients of grants, loans, cooperative agreements or other instruments funded by appropriated Federal funds shall give preference in procurement programs to the purchase of recycled products pursuant to the EPA guidelines. i. Procurement of Goods and Services. Agencies should be aware of and comply with the requirement enacted in Section 623 of the Treasury, Postal Service and General Government Appropriations Act, 1993, and reenacted in Section 621 of the fiscal year 1994 Appropriations Act. This Section requires grantees to specify in any announcement of the awarding of contracts with an aggregate value of $500,000 or more, the amount of Federal funds that will be used to finance the acquisitions. j. Conditional exemptions. (1) OMB authorizes conditional exemption from OMB administrative requirements and cost principles circulars for certain Federal programs with statutorily-authorized consolidated planning and consolidated administrative funding, that are identified by a Federal agency and approved by the head of the Executive department or establishment. A Federal agency shall consult with OMB during its consideration of whether to grant such an exemption. (2) To promote efficiency in State and local program administration, when Federal non-entitlement programs with common purposes have specific statutorily-authorized consolidated planning and consolidated administrative funding and where most of the State agency's resources come from non-Federal sources, Federal agencies may exempt these covered State-administered, non-entitlement grant programs from certain OMB grants management requirements. The exemptions would be from all but the allocability of costs provisions of OMB Circulars A-87 (Attachment A, subsection C.3), "Cost Principles for State, Local, and Indian Tribal Governments," A-21 (Section C, subpart 4), "Cost Principles for Educational Institutions," and A- 122 (Attachment A, subsection A.4), "Cost Principles for Non-Profit Organizations," and from all of the administrative requirements provisions of OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," and the agencies' grants management common rule. (3) When a Federal agency provides this flexibility, as a prerequisite to a State's exercising this option, a State must adopt its own written fiscal and administrative requirements for expending and accounting for all funds, which are consistent with the provisions of OMB Circular A-87, and extend such policies to all subrecipients. These fiscal and administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its subrecipients. 3. After-the-grant Policies. a. Closeout. Federal agencies shall notify grantees in writing before the end of the grant period of final reports that shall be due, the dates by which they must be received, and where they must be submitted. Copies of any required forms and instructions for their completion shall be included with this notification. The Federal actions that must precede closeout are: (1) Receipt of all required reports, (2) Disposition or recovery of federally-owned assets (as distinct from property acquired under the grant), and (3) Adjustment of the award amount and the amount of Federal cash paid the recipient. http://www.whitehouse.gov/omb/circulars/a 102/a 102.htm1 6/1 /2009 Circular No. A-102 -Grants and Cooperative Agreements with State and Local Governor... Page 6 of 6 b. Annual Reconciliation of Continuing Assistance Awards. Federal agencies shall reconcile continuing awards at least annually and evaluate program performance and financial reports. Items to be reviewed include: (1) A comparison of the recipients work plan to its progress reports and project outputs, (2) the Financial Status Report (SF-269), (3) Request(s) for payment, (4) Compliance with any matching, level of effort or maintenance of effort requirement, and (5) A review of federally-owned property (as distinct from property acquired under the grant). Retum to Top http://www.whitehouse.gov/omb/circulars/a 102/a 102.htm1 6/ 1 /2009 ' ITEM NO. VI-G2 ~ ~ DATE: 06/09/09 . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI,,JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Man er SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Ranking BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-549605-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: September 11, 2007 -Approved grant application submission. February 26, 2008 -Approved grant agreement. September 2, 2008 -Approved Modification Number One. RECOMMENDATION: Board approval of Applicant Ranking List to St. Lucie County CDBG DRI Supplemental Grant. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 a W. Outlaw, M A County Administrator CoordinatioNSignatures County Attorney ( ) OMB Director n ~ Budget Analyst Dan I S. McIntyre Marie Go in H _ ~ Sophia Holt Originating Dept. ( ) ERD ( ) Beth der Community Services • MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 06/09/09 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Supplemental Grant Ranking ITEM NO. VI - G2 Back~tround: The CDBG DRI Grant is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. The Housing Assistance Plan requires that the initial applications received during the advertisement period be ranked according to the attached point criteria. The Citizens Advisory Task Force (GATE) met on May 5, 2009 and approved the initial ranking list. All applicants will be assisted, even those who applied outside of the application advertisement period. Recommendation Board approval of Applicant Ranking List to St. Lucie County CDBG DRI Supplemental Grant. r ` BOARD OF COUNTY COMMUNITY SERVICES COMMISSIONERS ' HOUSING DIVISION Jessica Parrish ~ Housing Manager ~ ~ • _a , _ ~ y ~ _ ..~:y._ _ s.._ APPLICANT RANKING LIST COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM Date: April 14, 2009 1. Ronald Butterfield / 13 pts. 2. Corine Johnson / 12 pts. 3. Josie Belle Jones / 12 pts. 4. Roy Petrella / 11 pts. 5. Jessie and Michael Reisfield / 9 pts. 6. Sandra Hall / 3 pts. 7. Lakenya Taylor / 3 pts. 8. Nerissa Matthews-Martin / 3 pts. 9. David Sherwood / 2 pts. Page 1 of 1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator -Faye W. Outlaw, MPA 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772}462-1700 FAX (772) 462-1294 web site: www.stlucieco.org 1 APPENDIX A Point Values to be Used in Ranking Applicants Handicapped and elderly persons on fixed income within established very low income (VLI) guidelines (13 Points) Elderly persons on fixed income within established VLI guidelines (12 Points) Handicapped or disabled persons within established VLI guidelines (11 Points) Households with handicapped or disabled dependents within established VLI guidelines (10 Points) Handicapped and elderly persons on fixed income within established low to moderate income (LMI) guidelines (9 Points) Elderly persons on fixed income within established LMI guidelines (8 Points) Handicapped or disabled persons within established LMI guidelines (7 Points) Households with handicapped or disabled dependents within established LMI income guidelines (6 Points) Households within established VLI guidelines (5 Points) All others within established VLI guidelines (4 Points) Households within established LMI guidelines (3 Points) All others within established LMI guidelines (2 Points) Any homeowner or physical residence that has received state or federal housing assistance within the last 10 years regardless of age, handicap, or income level (1 Point) SHIP applicants that were previously approved but did not receive assistance due to lack of funds will have 4 points added to their calculated household score. In the event of a tie, the household with the largest number of residents shall prevail. If a tie still exists, then the household with the lowest income shall prevail. St. Lucie County Page 23 Housing Assistance Plan ITEM NO. VI-G3 ~ J=' _ - _ _ DATE: 06/09/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Man ger SUBJECT: Housing Rehabilitation Inspection Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185009-5420-549600-500 FY07/08 SHIP 185009-5420-549601-500 FY07/08 SHIP 185010-5420-549600-500 FY08/09 SHIP 185010-5420-549601-500 FY08/09 SHIP 189100-6420-549600-600 FY07 HOME 189101-6420-549600-600 FY08 HOME 001509-6420-549605-600 Small Cities CDBG Neighborhood Stabilization Program (Pending contract from DCA) PREVIOUS ACTION: January 6, 2009 -Permission to advertise RFP RECOMMENDATION: Board approval of the award of RFP 09-026 to GFA International and Meridian Community Services Group, and authorization for the Chair to sign the contracts as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ' a e W. Outlaw, Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ o Budget Analyst Daniel S. McIntyre Marie Gouin Fiz:.A-~-4 Sophia Holt Originating Dept. ( ) ERD ( ) Be h Ryder Community Services ~ = j - • - MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: 06/09/09 SUBJECT: Housing Rehabilitation Inspection Services ITEM NO. VI - G3 Background: On May 5, 2009, the selection committee met to evaluate the 11 proposals received for RFP 09-026 Housing Inspections. The selection committee chose a primary firm and a secondary firm. The primary firm is GFA Intemational with an office in Stuart, FL. If any conflict of interest arises, the secondary firm, Meridian Community Services Group, Inc., out of Gainesville, FL, will conduct the inspections. The contracted entity will be responsible for inspecting all housing units for the following grants: FY 07/08 State Housing Initiative Partnership 185009-5420-549600-500 185009-5420-549601-500 FY 08/09 State Housing Initiative Partnership 185010-5420-549600-500 185010-5420-549601-500 FY 2007 HOME Investment Partnership Program 189100-6420-549600-600 FY 2008 HOME Investment Partnership Program 189101-6420-549600-600 Small Cities Community Development Block Grant 001509-6420-549605-600 Neighborhood Stabilization Program To Be Determined; Awaiting Contract from DCA Recommendation Board approval of the award of RFP 09-026 to GFA Intemational and Meridian Community Services Group, and authorization for the Chair to sign the contracts as approved by the County Attorney. BOARD OF _ PURCHASING COUNTY f. DEPARTMENT COMMISSIONERS TABULATION SHEET - RFP# 09-026 HOUSING REHABILITATION INSPECTION SERVICES OPENED: APRIL 22, 2009 AT 3:00 PM (11) Submittal was received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALt. BIDDERS PRIOR TO AWARD. FLORIDA TREND HOMES INC. Contact: Ter J. Brisson Phone: 772-464-1000 Fax: 772-464-9200 Address: 1705 Po oise Ave., Fort Pierce, FL 34949 GFA INTERNATIONAL Contact: Paul H. Danforth, P.E. Phone: 77289-9989 Fax: 772-489-2989 Address: 1215 Wallace Dr. Delra Beach FL 33444 GLE ASSOCIATES INC. Contacf_ Crai J. Gardei, Phone: 954-968-6414 Fax: 954968-6090 Address: 1000 NW 65 Street, Suite 100, Ft Lauderdale, FL 33309 GUARDIAN COMMUNITY RESOURCE MANAGEMENT lNC. Contact; Christine Alda Phone: 352~29~570 Fax: 863-583-0357 Address: 4265 US Hi hwa 98 N Ste #517 Lakeland, FL 33809 LANDMARK CONSTRUCTION CORP. Contact: DominickA ostino Phone: 561-784-1977 Fax: 561-784-1994 Address: 2711 Vista Parlkwa ,Suite B-15, West Palm Beach FL 33411 MERIDIAN COMMUNITY SERVICES GROUP INC. Contact: Lisa A. Blair Phone: 888-877-1908 Fax: 850-678-8785 Address: 1500 Mahan Drive, Suite 150, Tallahassee, FL 32308 MTCI PRIVATE PROVIDER SERVICES LLC Contact: Michael T. Causle Phone: 305-246-0696 Fax: 305-242-3716 Address: 97 NE 15St., Homestead FL 33030 M.W. PATRICK JR. Contact: Milton Patrick Phone: 772-465-9164 Fax: 772-465-9164 Address: 1603 Pine Hollow Dr., Ft. Pierce, F134982 NOVA ENGINEERING AND ENVIRONMENTAL Contact: Jeanette MclGnne Phone: 9544242520 Fax: 954-4242580 Address: 13800 NW 14 St, Suite 130, Sunrise FI 33323 R.K. GENERAL CONTRACTING Contact: Rob Keeler Phone: 321-277-2192 Fax: 407-781-2911 Address: P.O. Box 950691, Lake Ma FL 32795 SOFI CORPORATION Contact: Theresa Littlefield Phone: 954-561-2820 Fax: 954-688-2515 Address: 2325 NE 20 Street, Ft Lauderdale, FL 33305 NUMBER OF COMPANIES NOTIFIED': 623 NUMBER OF 81D DOCUMENTS DISTRIBUTED': 73 NUMBER OF BIDS RECEIVED: 11 " - Per demandstar.com CHRIS DUDOVSKY, D'atnd No.t ~ OOVfi W WARD. DhYkl Nu 2 • PRIM A. LEVYIS. OiWid No. 3 ~ CItARL6 GRAtmF 061rid No.1 • CK2I5 CWIFI. psk+cl No. 5 Cagy AdmlMNralar- Fqe W. OuCw~, I~IPA x3oo vwy::. Aver-Fa1 Pk,Q. R swnz-SSSZ- wwn. k7rA lax-~~ro-Too ~rrq 1~-un w~ESXe: wvrw.o.sFYs7e.L~s s Attachment A . Vendors Capability to respond to Prior County's Project Firm Ex erience Qualifications Re uest Cost Total Score Rankin Total possible points per committee member 20 20 20 40 100 Total possible points for three members 60 60 60 120 300 GFA International 40 40 40 85 205 1 Meridian Comm Services 55 55 30 60 200 2 Guardian Communi 50 55 25 60 190 3 R.K. General Contractin 30 30 20 105 185 4 MTCI Private Provide 25 42 25 85 177 5 M.W. Patrick Jr. 25 30 30 85 170 6 Landmark Construction 30 25 45 63 163 7 Nova En ineerin 30 50 30 50 160 8 SOFI Cor oration 50 35 25 45 155 9 GLE Associates 25 35 20 20 100 10 Florida Trend - NON-RESPONSIVE 0 0 0 0 O N/R ITEM NO. VI-H DATE: 06/09/09 • • ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam SUBMITTED BY: Central Services Assistant Director SUBJECT: Projects planned for FY 09/10 and FY 10/11 will be expedited in FY 08/09 through Budget Amendment No. 09-021. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-9910-599300-800 Reserves (Pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Amendment No. 09-021 advancing $589,500 from anticipated fund balance funds to expedite FY 09/10 and FY 10/11 projects in FY 08/09. Use of these funds will be offset by reductions in the funding for these projects in the year the project was originally expected to occur. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 a W. Outlaw, MP County Administrator Coordination/Signatures County Attorney (x) ~ OMB Director (x ) Budget Analyst Dan McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (x) ~da- ERD ( ) Roger A. Shinn (Name) l~ ~ : Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director FROM: Don McLam, Assistant Directoc~~ Central Services DATE: June 9, 2009 SUBJECT: Projects planned for FY 09/10 and FY 10/11 will be expedited in FY 08/09 through Budget Amendment No. 09-021. ITEM NO. VI-F Background: On April 21, 2009, the Board of County Commissioners adopted Ordinance No. 09- 008 establishing a local economic stimulus program. In consideration of the Board's desire to take immediate steps at the local level to provide relief to County residents and to provide jobs in an effort to decrease the current St. Lucie County unemployment rate, staff is requesting to move forward with projects planned for FY 09/10 and FY 10/11. The current fiscal year budget is anticipated to have a fund balance of approximately $35.4 million proposed to be used toward the 2009/10 and 2010/11 fiscal year budgets. Staff would like to advance $589,500 from anticipated fund balance funds to fund the subject projects. This would allow the projects to be done as part of the Stimulus Program rather than in out years. Normally, the projects would be funded from Investment for the Future funds in either the 2009/10 or the 2010/11 fiscal year budget. Through Budget Amendment No. 09-021, projects included in Central Services maintenance project capital plan for FY 09/10 and FY 10/11 will be expedited in FY 08/09, as shown in Attachment "1" and Attachment "2". Recommendation: Board approval of Budget Amendment No. 09-021 advancing $589,500 from anticipated fund balance funds to expedite FY 09/10 and FY 10/11 projects in FY 08/09. Use of these funds will be offset by reductions in the funding for these projects in the year the project was originally expected to occur. • atTACH~FNr ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 5/22/2009 AGENDA DATE: 6/912009 _ ACCOUNT NUMBER . ACCQtINTNAME AMOUNT - TO: 001-1931-546200-15007 Main. Imp -Health De tlAve C $10,000 001-1931-546200-76010 Main. Im -Historical Museum $15,000 001-1931-546200-1540 Main. Imp - I.M. Waters Bld $35,000 001-1931-546200-15017 Main. Im -Lakewood Park Libra $35,000 001-1931-546200-15001 Main. Im -Old Courthouse $35,000 001-1931-546200-15016 Main. Im -Oxbow Eco Center $12,000 001-1931-546200-150067 Main. Im .,-.South Coun Annex $150,000 001-1931-546200-1524 Main. Imp?,=State Attorne 's Office $212,500 001-1931-546200-160026 Main. Imp. -Tribune Bld $35,000 001-1931-546200-1534 Main. Im -A riculture Center $30,000 001-1931-546200-160036 Main. Im -Public Defender $20,000 FROM: 001-9910-599300-800 Reserves $589, 500 REASON FOR BUDGET AMENDMENT: To cover bud ets for ro~ects that are bein expedited throw h the Coun 's economic stimulus pro ram. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT BA09-021 DOCUMENT # 8~ INPUT BY: EXPEDITED PROJECTS THROUGH BUDGET AMENDMENT N0.09-021 ATT,ACl~MENT FISCAL PROJECT COST YEAR Health Dept./Avenue C-Paint exterior 10,000 2009-2010 Historical Museum/Train Station-Replace roof and paint exterior 15,000 2009-2010 I.M. Waters Building-Roof replacement 35,000 2009-2010 Lakewood Park Library-Automatic door replacement 20,000 2009-2010 Lakewood Park Library-Paint exterior 15,000 2009-2010 Old Courthouse-Penthouse roof replacement 35,000 2009-2010 Oxbow Eco Center-Paint exterior, boardwalk and deck 12,000 2009-2010 South County Annex-A/C maintenance 75,000 2009-2010 South County Annex-A/C maintenance 75,000 2010-2011 State Attorney's Office-A/C maintenance 212,500 2009-2010 Tribune Building-Roof replacement 35,000 2009-2010 Agriculture Center-Paint exterior 30,000 2010-2011 Public Defender-Paint exterior 20,000 2010-2011 TOTAL $589,500 Fiscal Year 2009-2010 Project Total: $464,500.00 Fiscal year 2010-2011 Project Total: $125,000.00 ITEM NO. VI-I ~ DATE: 06/09/09 . ~ . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) INVESTMENT FOR THE FUTURE LEG. ( ) QUASI-JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam '~;ti~-~-~ SUBMITTED BY: Central Services Assistant Director SUBJECT: Renovation of Community Services Offices BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-546200-15019 Community Services-Maintenance Projects (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to reallocate budgeted IFF funds in the amount of $300,000 for renovation of the current Community Services Department offices of 7th St. as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED OTHER Approved 5-0 ay W. Outlaw, County Administrator Coordination/Signatures County Attorney (x) OMB Director (x ) Budget Analyst "w ~ / fi' ~~rn Dan McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (x) ERD ( ) Roger .Shinn - - ~ Central Services _ _ M E M O R A N D U M TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director Qw FROM: Don McLam, Assistant Director~~ y.~ Central Services DATE: June 9, 2009 SUBJECT: Renovation of Community Services Offices ITEM NO. VI-I Background: As discussed at the March 2008 Strategic Planning Session, Investment For the Future (IFF) funds in the amount of $900,000 were budgeted and allocated in FY 07-08 to provide approximately 10,000 square feet of office space for Community Services at the St. Lucie County Logistic Center. A portion of the $900,000 was allocated for Architectural Design ($115,965) for Community Services offices as well as Heath Department offices and the proposed community health clinic, which will also be located at the Logistic Center. At the December 8, 2008, BOCC Budget Workshop, then County Administrator Douglas Anderson, recommended Community Services remain at their current offices on 7th Street with a corresponding reduction in the $900,000 allocated for renovations. At the March 17, 2009 Informal BOCC Meeting, staff submitted a cost estimate of $300,000 to renovate the current offices for Community Services. The BOCC discussed the renovation of the current offices for Community Services at the BOCC Informal Meeting on May 26, 2009. Community Services Office Space Document storage previously located at the Community Services facility has been transferred to the Logistics Center. The addition of this space (5,300 sq. feet) to Community Services current space will provide the department 10,000 sq. feet of refurbished office space, equivalent to the space they were to be provided at the Logistics Center. With 35 spaces available at their current location, parking for Community Services is adequate. The renovation will provide a reception area/waiting room, offices for 19 staff, community meeting room, conference room, public and staff restrooms, kitchen/break room, file room, and storage room. This will require building walls, ceiling installation, floor covering, lighting and electrical upgrades, fire alarm system, plumbing, ADA improvements, and roofing sealant to extend the roof life. Approximately 70% of the work will be accomplished in-house. Page 1 of 2 Given the age and condition of the facility, staff is recommending a minimum of 15% of the project cost be allocated for contingency. In addition, as the project develops, staff will review the specific improvements for potential cost savings as well as opportunities for incorporation of green building technologies. Estimated Costs: Fire alarm system $ 18,000 Walls, doors and locks $ 20,000 Floor coverings (10,000 sq. ft.) $ 50,000 Lighting and electrical upgrades $ 25,000 Ceilings $ 7,000 A/C improvements $ 40,000 Painting (interior) $ 6,000 Roofing sealant (11,000 sq. ft.) $ 12,000 ADA improvements $ 4,000 Plumbing $ 5,000 Furniture, fixtures, equipment $ 50,000 Phones and data 25 000 Sub Total $262,000 Project contingency (15% of est. costs) 39 300 Total $301,300 Recommendation: Board approval to reallocate budgeted IFF funds in the amount of $300,000 for renovation of the current Community Services Department offices on 7~' St. as outlined above in the agenda memorandum. Page 2 of 2 AGENDA REQUEST ITEM NO. VIII DATE: June 9, 2009 r REGULAR [x ] • • • PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Code Enforcement Case No. 61730 - 5211 Silver Oak Drive, Fort Pierce, FL -Unsightly and Unsanitary Conditions BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it abated, including, but not limited to, killing or removing the bees, and place a lien on the property. COMMISSION ACTION: CONCURRENCE: bC] APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 W. Outlaw, M County Administrator Review and Aoprovala [X) County Attorney: E'f ( ]Management & Budget: [ ]Code Complian Daniel S. McIntyre Christ h L ra ge [ ]Road 8 Bridge.: [)Parks 8 Recreation Director ()Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 09-0628 DATE: June 9, 2009 SUBJECT: Code Enforcement Case No. 61730 - 5211 Silver Oak Drive, Fort Pierce, FL - Unsightly and Unsanitary Conditions BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 5211 Silver Oak Drive in Fort Pierce and have exhausted all avenues to gain compliance. The property was cited by Code Enforcement on February 5, 2009. The property was found to be in violation of Section 1-9-32 St. Lucie County Code of Ordinances, Public Nuisance -the pool is unsanitary and there is a large bees nest in the garage. The property was also found in violation of Section 13.09.0 St. Lucie County Development Code -Exterior Property Maintenance -the garage needs to be repaired or removed. Chapter 67-1998, Laws of Florida, Section 5 (attached) finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept free from debris or any other matter which by reason of physical conditions or other peculiar characteristics might cause damage to life or property within the immediate area surrounding the same. The neighbors have stated that the bees have created nests in the garage door creating honeycombs and hundreds of bees. Neighborhood children have been stung. If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, including, but not limited to unsafe structures, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it abated, including, but not limited to, killing or removing the bees, and place a lien on the property. Respectfully submitted, KMS/cb Katherine Mackenzie-Smith Encl. Assistant County Attorney H: WpendaMemo-FaAS-Silver0aks.wpd Y LAWS OF FLORIDA CtiAPTEft 67-]9~8 afTected by the violation of any regulation, ?•estriction, limi- tation or other provisions of the code. Section I4. If any section, subsection, paragraph, clause, phrase or word of this act is for any reason held to be uncon- Stitutionai or invalid, such holding shall not affect the remain- ing portions of this act, the legislature hereby declaring that it wol~lcl have passed the remainder of this act and each and every section, subsection, paragraph, sub-paragraph, sentence, clause, phrase and word thereof irrespective of the fact that any one or more other section, subsections, paragraphs, sub- paragraphs, sentences, clauses, phrases, or words, thereof may be clecl~Ei-ed unconstitutional or otherwise ineffective. Section 15. This act shall be effective immediately upon be- coming alaw. P,ecame a law without the Governor's approval, I' filed in Office Secretary of State July 4, 1967. CIiAPTPB. 67-1998 house Bill No. 2183 tlhT ACT relating to lot cleaning in recorded ,subdivisions in St. Lucie county, Florida, outside of municipalities ; cleclai•- in r sru t cleaning to be in the interest of. public health, safety and welfare; regtnring o ~ owners - in such subdivi- R1Ol18 to keep the same free of debris, vegetation, trash, filth, tt=eerlC, ~•ubbish, junk and other u~ nsi ~kl~tl and unsanitary l~~atters z~~hen tl~~e l.~ublic: htalT:; t~°~ dry .1~ftl .5af~t:~• ~ti•c, i ci1-' c.~erned; .3nthori~in;~ the board of cc,u?ity r_c~mmissioners of St. LLiCi? county to retlui~•e ]ot owners to clear and clean gal, such lots; providing procedure in t:he event the owners fail f:r, rc?mply and fcm liens a~•ainst such 1?ropei•ty when cleared ~~ncl c•1ranecl l;y the county; i~rc;vidi:tc for nc,tiees tv owners and ~}tl;er natters related thereto; clcclaring the lnu•~~oses of this act. to be county purposes; prr,t~idins;• that the ti•ioia- tion of tlii9 act is a rnisileme:ciior. ; allthol•iL1I;b the I~oGtI•cl of coulltl- commissioners cf St. Lucie cc;ttnty to budoE:t and ]ec~~ ta~:es to set up a fund for ear~•yii~g chit the purpc,ses c~i' :~t3~ r CHAPTER r,7-»ss LA~'~~S OF FLORIDA this act; providing this act shall be cumulative of other spe- cial or local acts ;providing an effective date. Be It Enacted vJ the Legislature of the Stcc.fe of Flog eclat Section X. It is found and declared to be expedient and nec- essary to the preservation of the public health, comlort, safety and welfare of the inhabitants of St. Lucie county that all lots in recorded subdivisions in St. Lucie couni.y, outside of mti- nicipalities, be required to be kept clean, sanitai°y and free from debris, vegetation (including trees) or any other matter which, by reason of height, proximity to neighboring struc- tures, physical condition, or other peculiar characteristics, might cause damage to life or property within the immediate area surrounding the same. The existence of any debris, vege- tation or other matter which shall cre<<te a 12azard is hereby declared to be a nuisance. ~ • Section 2. All Iots in recorded subdivisions in St. Lucie county, outside of municipalities, shall be kept free frc~rn de- bris, vegetation (including trees) or any other matter, which by reason of height, proximity to neighboring stt•uctures, phy- sical condition, or other peculiar characteristics, might cause damage to life or property within the immediate area sur- rounding the same. Section 3. All lots in recorded subdivisions in St. Lucie county, outside of municipalities, shall be kept free from any kind of trash or filth, including specifically, but without Iitni- tation, any broken tree limbs, leaves or branches, any uneon- tained garbage or refuse or any other type of rnai;eti~il which might conceal pools of water, create breeding ground for mosquitoes, flies, rats or snakes or which might be other- wise detrimental to the health or safety of the inhabit~ints of St. Lucie county. The existence of any such trash or filth is hereby declared to be a nuisance. Section All lots in recorded subdivisions in St. Lucie county, outside of municipalities, shall be kept free from weeds ' of a height exceeding eighteen (18) inches. The word "weeds" as used herein shall be held to include all ranlt vegetable growth which may breed rats or snakes or which may create a fire hazard or which might be a source of physical distress to human beings and the «~ord shall also be deemed to include 39'G r L?.WS OF F.LOF~IDA CI-IA P't1;P s7-1998 all high and rank vegetable growth that may conceal pools of water, trash, f lth or any other deposits which may be detri- mental to health. 1'he existence of any such weeds is hereby declared to be a nuisance. Section 5. The board of county commissioners of St. Lucie county, shall have the power and authority to require owners, or other interested persons, of lots in recorded subdivisions in St. Lucie county, outside of municipalities, to clear and clean such lands of weeds, underbrush, rubbish, j~ink, debris, vege- tation (including trees), brush and unsightly an ~a~itarv matters more particularly described in ie Preceding sections o~tbis act, and if the owner, owners, or persons interested in such property, do not comply with any such requirements within the time limited and fixed by resolution, the board of county commissioners of St. Lucie county may have the clear- ing and cleaning done and the cost thereof including an ad- ministrative charge of two dollars ($2.00) per lot shall be a charge and lien against such property, which charge and lien shall be forthwith due and payable with interest thereon at six per cent (G°fo) per annum from the due date. Section G. tiVhenever the board of county commissioners of St. Lucie county shall determine that it is wise and expedient and serves a public health or safety purpose for such property to be cleared or cleaned of weeds or other growth or materials as described in the preceding sections of this act, the board shall cause a notice to be delivered or to be sent by registered or certified mail to the last record owner or owners of such property at the last available address of such owner or owners, notifying such owner or owners, or such of them as can be found, of: the necessity of such clearing or cleaning of the prop- erty, the nature and extent of the work to be done. Such notice may be in substantially the following form Notice Date o: _ . - - Property: _ - You, as the owner of record of the property above de- scribed, arz hereby notified that the board of county com- 393i CHAPTER 67-1998 LA«'S OF FLORIDA missioners of St. Lucie county, Florida, oi~ the day of 19_____.__, determined that a nuisance exists upon such property, caused by (list briefly the details) You are hereby notified that you must abate this ntii~{zi~ce within thirty (30) days, failing in which the board of county commissioners will have it done and the cost there- of will be levied as an assessment against such property. Board of County Commissii~ners of St. Lucie County, Florida Section 7. If the property owner or someone in his behalf has not abated the nuisance as described in said notice ~rithin thirty (30) days from the date of giving of notice as afore- said, the county of St. Lucie shall forthwith abate the same and shall through its employees, servants, agents or contrac- tors be authorized to enter upon the property and take such steps as are reasonably required to effect abatement. Section 8. As soon after such abatement as feasible, the cost thereof to the county as to each parcel including a two dollar ($2.00) per lot administrative charge shall be calculated and reported to the board of county commissioners. Therecipon the board of county commissioners, by resolution, shall assess such cost against such parcel. Such resolution shall describe the land and show the cost of abatement actually incurred by ' the county with respect thereto including said administrative charge. Such assessment shall be legal, valid and binding obli- gations upon the property against which made until paid. `I.'he assessment shall become due and payable thirty (30) days af- ~er the mailing of notice of assessment after which interest shall accrue at the rate of six per cent (6~0) per annum on any anpaid portion thereof. Section 9. As soon as possible after the assessme~it has }een made, the board of county commissioners shall cause a ' :ertified copy of the assessment resolution to be filed in the ~flice of the clerk of the circuit court in and for St. Lucie county, and the lien shall become effective as of the date of fling such copy with the clerk of the circuit court. The clerk +hall mail a notice to the record owner oi• owners of each of X938 LAWS OF FLORIDA CHAPTER C;7-1J9~ said parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the fallowing form Notice To: - - Address: Property ~ - YOIl, as the record ownez• of the property above described, are hereby advised that the board of county commission- ers of St Lucie county, Florida, did on the day of 19_______, order the abatement of a cer- tain nuisance existing on the abave property, sending you notice thereof, such nuisance being (here describe briefly) A copy of such notice has been heretofot•e sent you. You failed to abate such nuisance; whereupon, it was abated by St. Lucie county at a cost of Such cost, by resolutian of the board of county commissioners of St. Lucie county, has been levied against the above property and hay become a lien thereon. You may pay such assess- ment to the office of the clerk of the circuit court of St. Lucie county courthouse, Fort Pierce, Florida. If such as- sessment is not paid within one (1) year, suit will be in- stituted to enforce said lien by the sale of said lots. Board ~~f County Comrrlissic;nel•s of St. Lucie County, Florida PY . Section 10. If such assessment is not paid in dull, includ- ing interest to the date of payment, within one (1) year after it is filed in the office of the cleric of the circuit court of St. Lucie coilnty, it may be enforced by civil action as other liens are enforceable in the State of Florida. Such action shall in- clude court costs, attorneys fees and all other costs of enforce- ment. Section 11. Any person, firm or corporation or agent thereof violating the provisions of this act is guilty of a mis- demeanor and shall be punished according to law. 3939 CHAPTER G7-1~:i:~ LA«'S OF FLORIDA _ Section 12. Clearing and cleaning of lots as set forth here- in is declared to be for a county purpose and the board of county commissioners of St. Lucie county is authorized to budget and levy taxes in order to set up a fund fot• the carry- . ing out of the purposes of this act. Section 13. It is declat•ed to be the legislative intent that if any section, subsection, sentence, clause or other provision of this act is held ins?alid, the remainder of this act shall not be affected. Section 14. This act shall be cumulative and steal] not re- peal any existing special or local acts. Section 15. This act shall take effect upon becoming a law. Became a law without the Governor's approval , Filed in Office Secretary of State July 7, 1967. CHAPTER 67-1999 House Bill No. `L485 AN ACT relating to St. Lucie county, bidding by board of public instruction; providing that no competitive bids shall be required on any board of public instruction purchase or contract unless the same exceeds one thousand dollars ($1,- 000.00) ;providing an effective date. Be It Er~actect Uy the Lepislat2cre of the State of I'lav~ida: Section 1. The board of public instruction of St. Lucie county is authorized to enter into anti make contracts far the purchase of materials, equipment, rolling stock, supplies and services without requiring competitive biddinfi thereon, provid- ing the amount to be paid therefor shall not exceed one thou- sand dollars {$1,000.00). Sectioxi 2. This act shall talte effect immediately upon be- coming slaw. Became a law without the Governor's approval. 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" J- ~''~ys~~~~. `~~f Y _;t ~Y s.~ ~c~'~. ~ F. ti~~' r.-!~irle .a `*„~•~q~.-~+'i ,tt .....~1~ i 4 s.. ~4'}~_'•l~.l~~t~': 9r ~~'~~X ,.-FY ^ ~d. ~~-`.r ~ r~s~+~.~ - A ~ ` _ ,~.4.L ~ y 4 ,per l ' 4. ;y"';,„jk~ r ~l : 3 ~ f ~ - 'ms`s. ~ ~.r Y"' ~ • , r ~ a ~ 1. ~ ~ ~t ° ~T, a ~ e f / °C +4 ~ i:,y ~ ~ Prix :..4 ' 1 ~ r 1;~ ~ K ~z Are, ~ ~ a 1' a- ` as f'ix` ~ ~a° f ~ J ~ ~4p _ i:. ~ V . - i:~ ~ P ~ a r 4~,,: "r" ~ * ~ . 3 t ~ J, 11 .K° ~ ,#6,. ~.«t~ - f ,•-`~j n`' 1 Y'v X11'!, ' x'.: 6 x- ice' ? , , r p ti ; ` vMI:F~ A i;:~xg C3~ ` r ~r, ~ 1.'.''~ ~ ,x t uuJ h t# ~ , 1 115' ~ 4i. ~ ,ry~^~ri+.',tw Y ~ ! yr . 11 ~ti 4d~,• ~ i. '..-..1 . L.. ~ ~ y ' , i ~ • ~'~S e ti k~r i ~ ~ ~ F i~ ^ ~ . : r ' ' r. : , .k ~ f~ ~ ' ITEM NO. VI-J ~ ~ ~ ~ DATE: 06/09/09 • • . - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Jack T. Southar SUBMITTED BY: Public Safety Public Safety Director SUBJECT: FP&L Facility Usage Agreement and Budget Resolution No. 09-179. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316-1930-562000-2615 -Construction of the new Emergency Operations Center (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the FP&L Facility Usage Agreement for the new Emergency Operations Center, acceptance of Budget Resolution No. 09-179, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 a e W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) y ~ n Budget Analyst 1~,~ , . an Mcfntyre Patty Marston H(~..kL:- ` ~ Marie Gouin Originating Dept. ( ) ( ) (Name) (Name) ~ ~ = Public Safety Department • MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southar Public Safety Direc or DATE: June 9, 2009 SUBJECT: FP&L Facility Usage Agreement and Budget Resolution No. 09-179 ITEM NO. VI-J Background: Florida Power 8~ Light has agreed to remit cone-time lump sum facility usage fee payment in the amount of $400,000.00 to St. Lucie County on June 12, 2009 subject. to prior approval of this agreement. The Facility Usage Fee will be used by the County towards the construction and operation of the new Emergency Operations Center in exchange for the County's obligation to reserve and secure the Reserved Space. Recommendation Board approval of the FP&L Facility Usage Agreement for the new Emergency Operations Center, acceptance of Budget Resolution No. 09-179, and authorization for the Chair to sign documents as approved by the County Attorney. FACILITY USAGE AGREEMENT THIS FACILITY USAGE AGREEMENT ("Agreement") is made this day of June, 2009 ("Effective Date"), between FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("FPL") and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision under the laws of the State of Florida ("County"). FPL and County shall each be referred to as a "Party" and collectively as the "Parties." WITNESSETH WHEREAS, FPL has committed to the County that FPL would assist the County in the funding of the construction of the St. Lucie County Emergency Operations Center to be located at Midway Road, Ft. Pierce, Florida (the "EOC"); WHEREAS, the County understands and acknowledges that FPL's use of the EOC is essential to assisting FPL's restoration and recovery efforts following hurricanes, tornadoes, storms, other weather events, natural disasters, emergency situations including but not limited to fire, terrorist attacks, acts of violence and other situations that would or could result in the activation and/or staffing of the EOC, and any other events or situations affecting or impacting FPL's operation of its electric utility system ("Weather and/or Emergency Events"); WHEREAS, County has agreed to make the EOC available for use by FPL under certain situations more fully described herein; WHEREAS, in June 2009, County will have completed construction of the EOC and County plans to dedicate and open the EOC for use for its intended purposes effective June 12, 2009; and WHEREAS, the purpose of this Agreement is to generally describe the primary situations in which the Reserved Space (as the term is hereinafter defined) will be provided to FPL and FPL will be permitted to use the EOC in conjunction with the County's use and operation of the EOC. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto do hereby agree as follows: TERMS ARTICLE I -COUNTY'S OBLIGATIONS AND COVENANTS County represents and covenants that it shall have the following duties and obligations under this Agreement: 1 1.1 County agrees that FPL is granted the right of access to and use of the Reserved Space at the EOC under the following circumstances and situations (the "Permitted Use"): 1.1.1 Any Weather and/or Emergency Events having an impact on or impairing or preventing FPL's use of the St. Lucie Plant Emergency Operations Facility at FPL's St. Lucie Nuclear Plant as determined by FPL; or 1.1.2 Any Weather and/or Emergency Events having an impact on or impairing or preventing FPL's use of FPL's command center and/or emergency operations facilities located at its Physical Distribution Center ("PDC") in Riviera Beach, Florida, or FPL's command center and/or emergency operations facilities located at its General Office ("GO") in Miami, Florida, at each location as determined by FPL. 1.2 FPL shall have access to either the North or South EOC training room for 40 (forty) FPL personnel in connection with events or occurrences arising under Section l.l.l and (ii) 40 (forty) FPL personnel in connection with events or occurrences arising under Section 1.1.2 (together, the "Reserved Space"). For avoidance of doubt, to the extent a Weather and/or Emergency Event affects FPL's use or operations at its Emergency Operations Facility located at FPL's St. Lucie Nuclear Plant, its command center and/or emergency operations facilities located at its PDC facility and/or its command center and/or emergency operations facilities located at its GO facility, FPL shall be permitted to have no more than forty (40) FPL personnel operating out of the Reserved Space at any one time. 1.3 County hereby acknowledges and agrees that it shall maintain, repair and replace as necessary all aspects of the EOC, and that said EOC is and notwithstanding this Agreement remains the sole property of County. 1.4 County shall at its sole cost and expense ensure that the EOC complies with all laws, rules and regulations of any governmental authority having jurisdiction over the EOC or use of the EOC. 1.5 County shall pay all general real estate taxes and installments of special assessments coming due during the term on the Agreement, and all personal property taxes with respect to County's personal property, if any, on the EOC. 1.6 County shall provide FPL with connectivity/IT infrastructure allowing FPL to use existing wireless connectivity, establish firewalls, utilize existing racks, install switches, share existing bandwidth, VOID tunnels, and printing capability. 1.7 County guarantees the Reserved Space will be available to FPL for no less than seventy-two (72) hours following an event giving rise to FPL's Permitted Use of the EOC, and whenever practicable County will make the Reserved Space available to FPL as much as seventy-two (72) hours prior to Weather and/or Emergency Events giving rise to FPL's Permitted Use of the EOC. 1.8 County will provide adequate access at the EOC for FPL to operate and maintain its mobile command center to support FPL operations, provided FPL will be responsible for any 2 new expenses associated with any special server/connectivity connections necessary to operate FPL's mobile command center beyond County's general requirements outlined in Section 1.6 above. 1.9 County shall make available to FPL adequate parking spaces at the EOC reasonably necessary to support FPL's Permitted Use of the Reserved Space. 1.10 County shall make available to FPL the existing heliport adjacent to the EOC. 1.11 FPL personnel will have access to all common areas at the EOC, including, but not limited to, restrooms, showers, kitchen, and break rooms. 1.12 County will provide tables and chairs in Reserved Space. If not being utilized by County EOC personnel, FPL also will also have access to sleeping quarters located at the EOC. 1.13 County will make food available to FPL personnel at the EOC; provided, however, FPL shall be responsible for reimbursing County for any such food provided to such FPL personnel at the EOC. 1.14 County will make available any necessary ID cards for any FPL personnel that will require access to the EOC. 1.15 County will also allow access necessary for FPL to establish and maintain server/connectivity connections as needed to support FPL operations while at the EOC. However, FPL will be responsible for any additional expenses incurred by County or FPL deems are necessary that are directly attributable to FPL requests for server/connectivity connections beyond County's general requirements outlined in Section 1.6 above. ARTICLE II - FPL'S OBLIGATIONS AND COVENANTS FPL represents and covenants that it shall have the have the following duties and obligations under this Agreement: 2.1 FPL agrees to remit cone-time lump sum payment of Four Hundred Thousand Dollars ($400,000.00) (the "Facility Usage Fee") to County on June 12, 2009 subject to prior approval of this Facility Usage Agreement by County, which Facility Usage Fee shall be used by County toward the construction and operation of the EOC in exchange for County's obligation to reserve and secure the Reserved Space for the Permitted Use. 2.2 FPL will use reasonable efforts to notify County of its need for the Reserved Space twenty-four (24) hours prior to landfall of any known or anticipated hurricane or other weather event for any FPL nuclear personnel requiring access to the EOC, and forty-eight (48) hours prior to landfall of any known or anticipated hurricane or other weather event for other FPL personnel requiring access to the EOC. FPL will also use reasonable efforts to notify County of its need for the Reserved Space as early as practicable following any other Weather 3 and/or Emergency Event that would or could result in the activation and/or staffing of the EOC and FPL's use of said EOC for the Permitted Use 2.3 FPL agrees and acknowledges that it will use reasonable efforts to utilize the EOC for the Permitted Use only for so long as it takes FPL to establish a secure command location and staging area following the event, situation or circumstance that gave rise to FPL's need to utilize the EOC and FPL is in a position to operate out of its own facilities or an alternative command location and/or staging area. 2.4 FPL is responsible for supplying its personnel with all necessary computers and cellular phones that FPL requires to operate out of the EOC. 2.5 FPL agrees and acknowledges that the EOC is and remains the property of County notwithstanding FPL's Facility Usage Fee provided to assist County in the construction of said EOC. ARTICLE III -TERM AND TERMINATION 3.1 Term. This Agreement is for a term that shall equal the time fixed to establish the useful life of FPL's nuclear plant and facilities located in St. Lucie County, Florida. 3.2 Termination for Cause. FPL may, at its election, terminate this Agreement forthwith at any time if County fails to comply with or abide by each and all of the provisions hereof, in which case the County will be obligated to repay to FPL apro-rata portion of the Facility Usage Fee. Solely for the purpose of computing pro-rata reimbursement under Section 3.2 of the Agreement, County and FPL agree to use 34 years as the time fixed to establish the useful life of FPL's nuclear plant and facilities located in St. Lucie County, Florida. As a result, in the event of a termination of this Agreement that triggers the obligation of County to repay a pro-rata portion of the Facility Usage Fee, the amount of the refund will be calculated by dividing the Facility Usage Fee of $400,000.00 by 34 years ($11,764.71), and then multiplying that number ($11,764.71) times the number of years remaining on the Agreement as of the time of termination, again assuming solely for the purpose of this provision that said term would be 34 years. ARTICLE IV -LIMITATION OF LIABILITY 4.1 Limitation of Liability. Notwithstanding anything contained herein to the contrary, in no event shall FPL be liable to County for special, indirect, consequential or punitive damages, even if FPL has been advised that such damages are possible. FPL shall also not be liable for lost profits, lost revenue, or lost institutional operating savings arising out of or in connection with this Agreement. In no event shall FPL's total aggregate liability exceed the amount of the Facility Usage Fee provided by FPL to County for the Reserved Space in the EOC. 4 ARTICLE V -MISCELLANEOUS 5.1 Integration. This Agreement contains all the terms and conditions agreed on by the Parties, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to bind the Parties hereto. No modification of this Agreement shall be binding unless made in writing and signed by both Parties. 5.2 Assignment. Neither the Agreement nor any duty, interest or rights hereunder shall be subcontracted, assigned, transferred, delegated or otherwise disposed of by County without FPL's prior written approval. However, FPL may at any time and at its sole and unrestrained discretion assign the Agreement, in whole or in part, to one of its subsidiaries or affiliates by written notice to County. No assignment or transfer of the Agreement shall relieve either Party of any of its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL, County and assignee. If the Agreement should be permitted to be assigned by either Party, it shall be binding upon and shall inure to the benefit of the permitted assignee. 5.3 Headings Not Controlling. Headings in this Agreement are for reference purposes only and shall not be part of the Agreement. 5.4 Non-waiver. The failure of a Party to enforce, insist upon, or comply with any of the terms, conditions or covenants of this Agreement, or a Party's waiver of the same in any instance or instances shall not be construed as a general waiver or relinquishment of any such terms, conditions or covenants, but the same shall be and remain at all times in full force and effect. 5.5 Governing Law and Venue. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, exclusive of conflicts of laws provisions. Any disputes resulting in litigation between the Parties shall be conducted in the state or federal courts of the State of Florida. Proceedings shall take place in the Circuit Court for St. Lucie County, Florida or the United States District Court for the Southern District of Florida. 5.6 `Vaiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HERON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTRACT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, OR STATEMENTS WHETHER ORAL, WRITTEN OR MADE BY ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS CONTRACT. 5 5.7 Notices. Correspondence concerning this Contract must be sent to the parties at the following addresses: If to County: St. Lucie County Administrator Attention: Telephone: U Facsimile: With a copy to St. Lucie County Attorney Attention: Telephone: Facsimile: U If to FPL: Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attention: Telephone: U Facsimile: U C If the mailing address for either Party changes during the term of this Agreement, it shall be that Party's responsibility to notify the other Party promptly of the new address, and the old address shall remain effective for the purposes of this Agreement, or any renewal thereof, until notice of the address change has been received by the other Party. All notices shall be delivered in person; by courier service; by registered mail or certified mail; or by U.S. Mail, postage prepaid, in which case receipt shall be deemed effective three (3) business days after postmark 5.8 Survival. The obligations of the Parties hereunder which by their nature survive the termination of the Agreement and/or the completion of the Parties obligations hereunder, shall survive and inure to the benefit of the Parties. Those provisions of the Agreement which provide for the limitation of or protection against liability shall apply to the full extent permitted by law and shall survive termination of the Agreement and/or completion of the Parties obligations hereunder. 5.9 Severability. Should any provision, portion or application thereof, of the Agreement be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any applicable law, the Parties shall negotiate an equitable adjustment to the 6 affected provisions of the Agreement with a view toward effecting the purpose of the Agreement and the validity and enforceability of the remaining provisions, portions or applications thereof, shall not be impaired. 5.10 Construction. This Agreement has been negotiated by the attorneys for the respective Parties, and, in the event of a dispute as to the meaning or intent of any of its terms, no Party shall be entitled to the benefit of the rule of construction that ambiguous terms should be construed against the drafter. 5.11 Power & Authority. Each of the Parties hereby represent and warrant to the other Party that: (i) the execution and delivery by a Party of this Agreement and the performance of its obligations hereunder have been duly authorized by all requisite actions and proceedings; (ii) are not inconsistent with and do not and will not contravene any provisions of a Party's organizational documents or any applicable law, rule or regulation; (iii) have been approved by all necessary persons or entities; (iv) do not and will not conflict with or cause any breach or default under any agreement or instrument to which a Party is a party or by which it or any of its properties is bound; and (v) this Agreement has been duly executed and delivered by the Parties and constitutes the valid and legally binding obligation of each Party, enforceable against the other Party in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws and subject to general equitable principles. (SIGNATURES ARE ON THE NEXT PAGE) 7 IN WITNESS WHEREOF, the Parties have executed this FACILITY USAGE AGREEMENT as of the Effective Date first written above. FLORIDA POWER & LIGHT COMPANY By: Its: Print Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Its: County Commission Chairwoman Print Name: Paula A. Lewis 8 7. On page 7, please notify the signature block as follows: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Paula A. Lewis Chair Please note Commissioner Lewis' middle initial is "A". DSM /caf Copy to: County Administrator RESOLUTION NO. 09-179 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 from the Florida Power and Light Company through a Facilities Usage Agreement, in the amount of $400,000. This funding is for the construction and operations of the New Emergency Operations Center in exchange for the County's obligation to reserve and secure the reserve space for the permitted use. 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 9th day of June, 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 316-1930-366915-2615 Contributions from FPL $400,000 APPROPRIATIONS 316-1930-562000-2615 Buildings $190,000 316-1930-562011-2615 Building-Permits/Applications $100,000 316-1930-563000-2615 Infrastructure $110,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward )()(X Commissioner Chris Craft Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF JUNE, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY MOSQUITO CONTROL DISTRICT www.co.st-I ucie.fl.us www.stlucieco.org itiil~iiiiiiiiiiiiititiilliiiiUititiiii~iitiiiiiiltiiitiiitttiilllf~iitlitiiittlliiiiiill[11lliitfiliflitCillliiitiiiHttliiil~itli~tliiliiiiit{[iiit~ti[titttiIlli~iifttitiiilii~ii~iit[itliiiutiN 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 iliiiiiiiitiiUiiiiii[iiiii~liiiiiiiiitiiiiiiiiiiitiiiiiiiiiiiiiiiti~IttiiiiiiiiiilitliiHfiiliillliiUilitliiiliiiiiitiiiliiiiliilliHtiiilillttiili~iittiiiiitiiiiiiiiiiiiiiiilittiti~~ I. MINUTES Approve the minutes from the May 26, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36. B. MOSQUITO CONTROL 1. Piggyback of Charlotte County/Aerial Adulticide Services Bid Consider staff recommendation to authorize to piggyback the January 27, 2009, Charlotte County Award of Bid for Aerial Adulticide Services -Primary Services, to Vector Disease Control, Inc. and authorize the Chair to sign documents as approved by the County Attorney. 2. Piggyback of Citrus, Collier, Manatee, Orange and Leon Counties Chemical Purchase Bids Consider staff recommendation to authorize to piggyback the December 11, 2008, Citrus County Award of Bid for Mosquito Chemicals, the March 10, 2009, Manatee County Award of Bid for Insecticides, the March 17, 2009, Collier County Award of Bid for Chemicals, the July 22, 2008, Orange County Award of Bid for Mosquito Control Insecticides, and the March 17, 2009, Leon County Award of Bid for Bti Granules, Continuing Supply, to Adapco, Inc., and to purchase the chemicals as needed. 3. Piggyback of Polk County Chemical Purchase Bid Consider staff recommendation to authorize to piggyback the April 23, 2009, Polk County Award of Bid for Chemicals and Insecticides, to Clarke Mosquito Control Products, Inc., and to purchase the chemicals as needed. 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~xamine 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 26, 2009 Convened: 9:16 a.m. Adjourned: 9:20 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the May 12, 2009 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 12, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT Mr. Craig Mundt, Hutchinson Island resident addressed the Board regarding damage done to sidewalk panels during non-native vegetation removal. He stated the sidewalks have not been repaired and believes the contractor should be notified and beheld responsible. III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 33 and 34 The Board approved Warrant list No. 34 and 35. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court `)7/29/09 ST. LUCIE COUNTY - BOARD PAGE 1 ~'Z,ABWARR WARRANT LIST #35- 23-MAY-2009 TO 29-MAY-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 7.95 Mosquito Fund 32,014.42 35,796.19 GRAND TCTAL: 32,019.42 35,796.79 06/05/09 ST. LUCIE COUNTY - BOARD PAGE ~?ZABWARR WARRANT LIST #36- 30-MAY-2009 TO 05-JUN-2009 FUND SUMMARY- MOSQUITO i~'i;ND TITLE EXPENSES PAYROLL .45 Mosquito Fund 48,135.48 0.00 GRAND TOTAL: 48,135.48 0.00 ITEM NO. III-B1 - DATE: 06/09/09 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY James R. David SUBMITTED BY: Mosquito Control District Mosquito Control Director SUBJECT: Piggyback of Charlotte County Aerial Adulticide Services Bid BACKGROUND: Aerial adulticiding is performed on an emergency basis by the District, which contracts out the aerial spraying process. Charlotte County awarded Bid No.2009000114-A, for Aerial Adulticide Services-Primary Services, on January 27, 2009, to Vector Disease Control, Inc.. This service is not available through a local contractor. FUNDS AVAILABLE: 145-6230-534000-600 Other Contractual Services PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to piggyback the January 27, 2009, Charlotte County Award of Bid for Aerial Adulticide Services -Primary Services, to Vector Disease Control, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 a e W. Outlaw, P County Administrator Coordination/Signatures County Attorney (X) J~~ OMB Director (X Budget Analyst Daniel S. McIntyre Marie Gouin ~-Feat#er~a ¢s~. Tawonna Johnson Originating Dept. (X) ~ ~ ERD ( ) James R. David (Name) Mosquito Control __J . _ , i + ~ ~ MEMORANDUM TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: June 9, 2009 SUBJECT: Piggyback of Charlotte County Aerial Adulticide Services Bid ITEM NO. III-B1 Background: Aerial adulticiding is performed on an emergency basis by the District, which contracts out the aerial spraying process. It generally involves aerial application of chemical adulticides, chemicals applied to control adult mosquitoes, along 2-mile wide corridors which run the length of the County in the vicinity of I-95 and/or the Fairgrounds. The control effort targets mosquito vectors or transmitters of arbovirus (arthropod-borne virus), such as West Nile virus or Saint Louis Encephalitis, when local arboviral activity is documented and/or epic-rainfall events occur which produce significant increases in mosquito vector populations. Charlotte County awarded Bid No.2009000114-A, for Aerial Adulticide Services-Primary Services, on January 27, 2009, to Vector Disease Control, Inc. This service is not available through a local contractor. Previous Action N/A Recommendation Board authorization to piggyback the January 27, 2009, Charlotte County Award of Bid for Aerial Adulticide Services -Primary Services, to Vector Disease Control, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. ITEM NO. III-B2 ~A - ~ _ - Y DATE: 06/09/09 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY• James R. David SUBMITTED BY: Mosquito Control District Mosquito Control rector SUBJECT: Piggyback of Citrus, Collier, Manatee, Orange and Leon Counties Chemical Purchase Bids BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-552300-600 Chemicals PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to piggyback the December 11, 2008, Citrus County Award of Bid for Mosquito Chemicals, the March 10, 2009, Manatee County Award of Bid for Insecticides, the March 17, 2009, Collier County Award of Bid for Chemicals, the July 22, 2008, Orange County Award of Bid for Mosquito Control Insecticides, and the March 17, 2009, Leon County Award of Bid for Bti Granules, Continuing Supply, to Adapco, Inc., and to purchase the chemicals as needed. COMMISSION ACTION: CONCURRENCE: r~} APPROVED ( ) DENIED ( ) OTHER Approved S-0 a W. Outlaw, County Administrator Coordination/Signatures County Attorney (X) ~ OMB Director (X ) Budget Analyst c~ Daniel S. McIntyre Marie ouin -~i. Tawonna Johnson Originating Dept. (X) ERD ( ) James R. David (Name) Mosquito Control ~ - J • MEMORANDUM TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: June 9, 2009 SUBJECT: Piggyback of Citrus, Collier, Manatee, Orange and Leon Counties Chemical Purchase Bids ITEM NO. III-B2 Background: Application of insecticides is performed by the District, for the control of adult and larval stages of mosquitoes that cannot be controlled by habitat manipulation. These chemicals are labeled for this use and application follows federally mandated guidelines and requirements. The District also follows an Integrated Pest Management process intended to use the safest available control measures and reduce application rates and volumes to the greatest degree possible. Citrus County awarded their 2009 "Bid for Mosquito Chemicals", on December 11, 2008, for Agnique MMF, to Adapco, Inc.. Manatee County awarded their 2009-2010 Bid for "Insecticides", on March 10, 2009, for Bti Liquid and Dibrom Concentrate, to Adapco, Inc.. Collier County awarded their 2009 "Chemical Bid", on March 17, 2009, for Etofenprox, to Adapco, Inc.. Orange County awarded their 2008 Bid for "Mosquito Control Insecticides", on July 22, 2008, for BVA-13 ULV Oil , to Adapco, Inc. Leon County awarded their 2009 "Purchase of Bti Granules, Continuing Supply", on March 17, 2009, for Bti Granules, to Adapco, Inc. These products are not available through a local contractor due to their specificity for mosquito control. Previous Action N/A Recommendation Board authorization to piggyback the December 11, 2008, Citrus County Award of Bid for Mosquito Chemicals, the March 10, 2009, Manatee County Award of Bid for Insecticides, the March 17, 2009, Collier County Award of Bid for Chemicals, the July 22, 2008, Orange County Award of Bid for Mosquito Control Insecticides, and the March 17, 2009, Leon County Award of Bid for Bti Granules, Continuing Supply, to Adapco, Inc., and to purchase the chemicals as needed. ITEM NO. III-B3 _ _ J DATE: 06!09/09 • r ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY: James R. David SUBMITTED BY: Mosquito Control District Mosquito Control D rector SUBJECT: Piggyback of Polk County Chemical Purchase Bid BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-552300-600 Chemicals PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to piggyback the April 23, 2009, Polk County Award of Bid for Chemicals and Insecticides, to Clarke Mosquito Control Products, Inc., and to purchase the chemicals as needed. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 a e W. Outlaw, M A County Administrator Coordination/Signatures County Attorney (X) OMB Director I/ (X) V Budget Analyst V Daniel S. McIntyre Marie Gouin Fieatk~e~rn~g -F6%1, Tawonna Johnson Originating Dept. (X) ERD ( ) Jam s R. David (Name) Mosquito Control - ~ - MEMORANDUM TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: June 9, 2009 SUBJECT: Piggyback of Polk County Chemical Purchase Bid ITEM NO. III-B3 Background: Application of insecticides is performed by the District, for the control of adult and larval stages of mosquitoes that cannot be controlled by habitat manipulation. These chemicals are labeled for this use and application follows federally mandated guidelines and requirements. The District also follows an Integrated Pest Management process intended to use the safest available control measures and reduce application rates and volumes to the greatest degree possible. Polk County awarded their 2009 Bid for "Chemicals and Insecticides", on April 23, 2009, for items 1, 5-15, 19, 20, 24, 28, 33, 39-42, and 46-50, to Clarke Mosquito Control Products, Inc.. These products include adulticide and larvicide chemicals which are not available through a local contractor due to their specificity for mosquito control. Previous Action N/A Recommendation Board authorization to piggyback the April 23, 2009, Polk County Award of Bid for Chemicals and Insecticides, to Clarke Mosquito Control Products, Inc., and to purchase the chemicals as needed. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org tiittittilittfliiiiifiiii3f~i[ii~iiilliEi~tiititttiltliiiltH{tiitlliiliititUUilllliWlliitlllil~iililitilifW~ifit(it~fii[lltiiUiiiii~[~iiitti~iii1i1t1~tttiiti~~Cutiti~iiilitiitiUii[j 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 iiiitiiii8ttiiiitti~iitltllUitliiiliitiiiii~tillililtiUifiii[lit{iititl111ii11(IUlllititliilitilt(!i>~Idl#iliiH![liitfiliiiiiiiitiiiiIliiiii~til~itli[lir~iliiitii[[t~itiliiliiiti~iiiiiliiiiiiitfiiiiiili I. MINUTES Approve meeting minutes from the May 19, 2009 meeting. Approve meeting minutes from the May 26, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36. 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~ight (48) hours prior to the meeting. EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 26, 2009 Convened: 9:20 a.m. Adjourned: 9:21 a.m. Commissioners Present: Chairman, Chris Craft, Doug Coward, Chris Dzadovsky, Paula A. Lewis, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES Approve meeting minutes from the May 5, 2009 meeting. Approve meeting minutes from the May 12, 2009 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes of the meetings held on May 5 and 12, 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 unaninously. A. WARRANTS Approve warrant list No. 33 and 34. The Board approved Warrant List No. 33 and 34. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 19, 2009 Convened: 7:30 p.m. Adjourned: 7:31 p.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Chris Dzadovsky, Doug Coward, Chazles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mazk Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1. GENERAL PUBLIC COMMENTS None 2. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. PUBLIC WORKS Artifical Reef Deployment The Boazd approved Work Authorization No. 2 for the deployment of artificial reefs and authorized the Chairman to sign the documents as approved 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 05/29/09 ST. LUCIE COUNTY - BOARD PAGE F'ZABWARR WARRANT LIST #35- 23-MAY-2009 TO 29-MAY-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYRC;Li_: 184 Erosion Control Operating Fund 933.17 9,966.40 GRAND TOTAL: 433.17 4,966.40 06/05/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #36- 30-MAY-2009 TO 05-JUN-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,512.34 0.00 GRAND TOTAL: 1,512.34 0.00