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Agenda Packet 07-07-2009
AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ADDITION ITEM NO. IV -A DATE: July 7, 2009 REGULAR [x ] PUBLIC HEARING [ ) CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-204 proclaiming the week of July 5 - 11, 2009 as "Return of the Cobras Week" in St. Lucie County, Florida. BACKGROUND: Larry Lee, Chairman of the Cobra Reunion, has requested that this Board proclaim July 5 through July 11, 2009 as "Return of the Cobras Week" in St. Lucie County, Florida. The attached Resolution No. 09-204 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-204 as drafted. COMMISSION ACTION: CONCURRENCE: [�Q APPROVED [ ] DENIED [) OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Q [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road Et Bridge.: [) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-204 A RESOLUTION PROCLAIMING THE WEEK OF JULY 5 THROUGH JUNE 1111 2009, AS "RETURN OF THE COBRAS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Fort Pierce Central High School football team of 1970 became the first team in the history of Florida's High School Athletics to not only make it to the championship but also to place as the runner-up in the State Championship Game; and 2. The Fort Pierce Central High School football team of 1971 surpassed their accomplishments of the previous year. They became the first second -year school to make it to the Championship and went on to win the Class 4A State Championship; and 3. Due to the strife and racial unrest of the time, this group of young football players never received the formal recognition and accolades which they deserved for their accomplishments; and 4. Many members of this football team went on to become All -Americans at major colleges and universities and five of the players had promising careers in the National Football League. Two players were recognized in 2009 by the Florida High School Association's 100 Greatest Players of the First 100 Years of Florida High School Football; and 5. These football players are long overdue in being honored for their athletic accomplishments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of July 5 through July 11, 2009 as "RETURN OF THE COBRAS WEEK" in St. Lucie County, Florida. 2. St. Lucie County urges all citizens to recognize the players of the Fort Pierce Central High School football teams of 1970 and 1971 for their achievements during a time of racial unrest. PASSED AND DULY ADOPTED this 7`h day of July, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY July 7, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 07/07/09 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. July 7, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org ��■s` f { f }� {{ } 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 16, 2009 meeting. Approve the minutes from the June 23, 2009 meeting. Approve the minutes from the Special Meeting June 30, 2009. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-204 - Return of the Cobras Week Consider staff recommendation to approve adoption of Resolution No. 09-204 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 39 and 40. B. COUNTY ATTORNEY Revocable License Agreement — Jeff S. Reamer — Sneed Road Culvert Consider staff recommendation to approve the Revocable License Agreement with Jeff S. Reamer, authorize the Chair to execute the Agreement and direct Jeff Reamer to record the Agreement in the Public Records of St. Lucie County, Florida. Permission to Advertise — Ordinance No. 09-025 — Amending Section 11.05.11 (A)(2) of the Land Development Code — Requirement for Permit; Exemptions Consider staff recommendation to approve permission to advertise Ordinance No. 09-025 for public hearings before the Local Planning Agency and the Board of County Commissioners. B. COUNTY ATTORNEY CONTINUED Permission to Advertise — Ordinance No. 09-026 — Court Fees Consider staff recommendation to approve permission to advertise proposed Ordinance No. 09-026 for public hearing before the Board of County Commissioners on August 18, 2009, at 6:00 p.m. or as soon thereafter as may be heard. Conservation Easement — New Horizons of the Treasure Coast, Inc. — Resolution No. 09- 198 Consider staff recommendation to accept the Conservation Easement, authorize the chair to sign Resolution No. 09-198 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Revocable License Agreement — Pivotal Utility Holdings, Inc. d/b/a Florida City Gas — Walton road Consider staff recommendation to approve the Revocable License Agreement with Pivotal Utility Holdings, Inc. d/b/a Florida City Gas, authorize the Chair to execute the Agreement and direct Pivotal Utility Holdings, Inc. d/b/a Florida City Gas to record the Agreement in the Public Records of St. Lucie County, Florida. 6. Permission to Advertise - Ordinance No. 09-027 - Historic Preservation Consider staff recommendation to approve permission to advertise proposed Ordinance No. 09-027 for public hearing before the Local Planning Agency on August 20, 2009 and the Board of County Commissioners on September 1, 2009 and September 15, 2009 at 6:00 p.m. or as soon thereafter as may be heard. Revocable License Agreement — Sandscrub, LLC —10415 Bluefield Road Consider staff recommendation to approve the Revocable License Agreement with Sandscrub, LLC, authorize the Chair to execute the Agreement and direct Sandscrub, LLC to record the Agreement in the Public Records of St. Lucie County, Florida. 8. "After the Fact" Revocable License Agreement — Copper Creek HOA, Inc. — Glades Cut - Off Road Consider staff recommendation to approve the "After the Fact" Revocable License Agreement with Copper Creek HOA, Inc., authorize the Chair to execute the Agreement and direct Copper Creek HOA, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. 9. Cortez Village — Third Amendment to January 27, 2007 Agreement with Cortez Townhomes, LLC and Gregg R. Wexler Consider staff recommendation to approve the proposed Third Amendment to the Agreement with Cortez Townhomes, L.L.C. and Gregg R. Wexler for Cortez Village, and authorize the Chair to sign the Third Amendment. B. COUNTY ATTORNEY CONTINUED 10. Amendment Number Four to Lease Number 3510 — Green Turtle Beach/John Brooks Park Consider staff recommendation to approve Amendment Number Four to Lease Number 3510, authorize the Chair to sign the Amendment and direct staff to return the Amendment to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. 11. Intermodal Transit facility — Interlocal Agreement with Fort Pierce Redevelopment Agency Consider staff recommendation to approve the proposed Interlocal Agreement with the Fort Pierce redevelopment Agency for the Intermodal Transit Facility, and authorize the Chair to sign the Interlocal Agreement. C. AIRPORT Bid No. 09-031, Existing Runway 9127 Rehabilitation Conditional Award Consider staff recommendation to conditionVII award Bid No. 09-031, Runway Rehabilitation, to Ranger Construction Inc., in the amount of °: , pending award of the FAA and FDOT grants, and authorize the Chair to sign documents as approved by the County Attorney. D. PUBLIC WORKS Sole source purchase of video detection systems for traffic signals Consider staff recommendation to approve a sole source purchase not to exceed $200,000, of video detection systems for traffic signals with Econolite Control Products, Inc. 2. Taylor Creek Site 7 Emergency Shoreline Stabilization Repair Project. Consider staff recommendation to approve to accept the Taylor Creek Site 7 Emergency Shoreline Stabilization repair project; approval of Change Order No. 1 in the amount of $27,635.68, approval of final payment and release of retainage in the amount of $403,765.33 to Ranger Construction, Inc. (Contract # 09-04-126). E. MANAGEMENT AND BUDGET Purchasing — Amendment to contracts for tree trimming and removal services Consider staff recommendation to approve the first amendment to contracts C08-0-347 with Tri-Brothers Tree Landscaping, Inc. and C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2010, and authorize the Chair to sign documents as approved by the County Attorney. 2. Purchasing — Amendment to contract for preventive maintenance services for County fleet vehicles Consider staff recommendation to approve of the first amendment to contract C08-08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2010, and authorize the Chair to sign documents as approved by the County Attorney. E. MANAGEMENT AND BUDGET CONTINUED 3. Purchasing — Amendment to contract for elevator repair and maintenance Consider staff recommendation to approve the fifth amendment to contract C05-11-708 with General Elevator Sales & Services, Inc., adding the Lakewood Regional Park and authorize the Chair to sign documents as approved by the County Attorney. 4. Fixed asset inventory -property record removal Consider staff recommendation to authorize to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the office of the St. Lucie County Clerk of Circuit Court. 5. Fixed asset inventory -property record removal Consider staff recommendation to authorize to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Health Department's Office. 6. Fixed asset inventory -property record removal 4 Consider staff recommendation to authorize to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the various departments of St. Lucie County Board of County Commissioners. Fixed asset inventory -property record removal Consider staff recommendation to authorize to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. Request for Qualifications (RFQ) No. 09-024, Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan Consider staff recommendation to approve the short-listed firms for Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorize the Chair to sign the documents as prepared by the County Attorney. No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements Consider staff recommendation to approve to reject all bids and approve to re -advertise in accordance with the Local Preference Ordinance No. 09-005. F. ENVIRONMENTAL RESOURCES Amendment to contract for Oxbow Eco-Center Exhibit Consider staff recommendation to approve the first amendment to contract # C09-01-047 with JMWA Architects, Inc., and authorize the Chair to sign documents as approved by County Attorney. G. INVESTMENT FOR THE FUTURE Central Services - 32 Channel DVR for the Courthouse Annex Consider staff recommendation to approve Budget Amendment No. 09-028 and revised Equipment Request No. 09-034 to purchase a 32 Channel DVR in the amount of $11,875 for Sheriff security at the Courthouse Annex. H. COMMUNITY SERVICES Neighborhood Stabilization Program Two (NSP 2) Grant Application Consider staff recommendation to approve the submission of the NSP 2 application, and authorize the Chair to sign necessary application documents as approved by the County Attorney. ADMINISTRATION / MEDIA Relocation of SLCTV Studio and Offices Consider staff recommendation to approve: 1. Relocation of SLCTV studio and Media offices as outlined in the agenda memorandum; and 2. Budget Amendment 09-031 to transfer funds in the amount of $300,000 for the studio relocation project; and 3. Permission to advertise an Invitation to Bid for the studio relocation project. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Resolution No. 09-184 — Lawnwood Baseball Bathroom Project — St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-184. B. COUNTY ATTORNEY Resolution No. 09-188 — Courthouse Annex Phase 1-A Project — St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-188. C. COUNTY ATTORNEY Resolution No. 09-189 — State Attorney's Office A/C Maintenance Project — St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-189. D. COUNTY ATTORNEY Resolution No. 09-195 — Martin Luther King/Dreamland Park Bathroom Project — St. Lucie County Economic Stimulus Projects Consider staff recommendation to approve Resolution No. 09-195. REGULAR AGENDA Vill. ANNOUNCEMENTS The Board of County Commissioners Budget Workshops will begin Monday, July 13, 2009 and run through Friday, July 17, 2009 in Conference Room #3. 2. 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. 3. The Board of County Commissioners summer recess will begin the week of July 2Oth and run through July 315t. The July 215t BOCC meeting, July 28th BOCC meeting and the July 281h Informal monthly meeting are canceled. 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-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 16, 2009 Convened: 6:05 p.m. Adjourned: 11:20 p.m. Commissioners Present: Paula Lewis,Chairman; Doug Coward, Charles Grande, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator; Leeann Lowery, Assistant County Administrator; Dan McIntyre, County Attorney, Katherine McKenzie Smith, Assistant County Attorney; Heather Young, Assistant County Attorney, Heather Leuke, Assistant County Attorney; Don West, Public Works Director; Laurie Case, Utilities Director; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Marie Gouin, Management & Budget Director; Mike Powley, County Engineer; Diana Lewis, Airport Director; Mark Satterlee, Growth Management Director; Ron Harris, County Surveyor; Amy Mott, Environmental Resources Manager; Lauri Heistermann, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES It was moved by Commissioner Craft and seconded by Commissioner Dzadovsky to approve the minutes from the June 9, 2009 meeting and upon roll call motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Legislative Update by Representative Fetterman He stated that the State budget is the only constitutional requirement that they must come out of the legislative session with. This years State budget turned out to be 66.5 billion dollars. This is a billion and a half more than last year budget. He stated that they had received funds from the Federal Government. Over the last two fiscal years the State budget had been cut eight and half billion dollars. He informed the Commission that he opposed the budget this past year. On the State level they were only permitted to look at the expense side of the budget. He stated that they did not have an open and honest conversation about revenue in the State of Florida in this legislative session. He stated that the State received five and a half billion dollars in economic recovery funds. Education suffered cuts this year. The education funding formula in the State of Florida is one of the most complex mathematical creatures ever designed. He stated that the money that is paid in local school taxes doesn't go directly to local schools. He stated that the money goes to Tallahassee and the State decides how the money should be spent. He stated that the legislature put to use nearly 2 billion dollars in economic recovery funds from the Obama Administration. Because Florida has failed to adequately fund public education in the past they need to ask for a waiver from the Federal Government of the qualifications necessary to draw down federal funds. Insurance is another issue. There is a State run property insurance program which is called Citizens. He stated that the mess that is Citizens was not fixed this year. He stated that they had passed a bill which is awaiting the Governors signature that will enable more competition into the market. He stated that the My Safe Florida Home Program is a very successful program which helps to protect homes against hurricanes to reduce insurance premiums. The legislature decided not to fund this program again. He informed the Commission that the State passed the Dori Slosberg Act, which will make failure to wear a seatbelt a primary offense. He stated that the legislation put an end to and will prosecute human smuggling in the State of Florida. He outlined HB 73 which requires the Department of Environmental Protection to work with the Water Management District to adopt programs for expedited permitting for those businesses that a municipality or County has targeted as a target industry business. He outlined HB 701 which involves TRIM notice revisions. He stated that at one legislative session they addressed the largest tax cut in Florida History. As a result property taxes should have dropped but they did not, but at the same time increased school taxes. He stated that he had a bill that would have required that the Tax Collector print at the bottom of the bill if school taxes are increased as a result of the act of the legislature. He informed the Commission that the bill was not heard, but he will bring it back. He stated that he supported SB 252 applying specific provisions of the Code of Ethics to various local government contract employees. He also supported SB 216 which prohibited local government or any person acting on their behalf from expending public funds in support or against a referendum or other amendment that the public will vote on in an election. He stated that the was a massive Growth Management Bill, SB 360 which he had heard from many people to oppose the bill. He stated that he was proud to do so. Unfortunately the Governor signed it into law and this bill will be devastating to much of the work that the Commission has tried to do and other local governments in terms of managing growth. He stated that growth is inevitable. Growth unchecked is not a good thing. Sustainable smart growth is. This bill removed transportation concurrency, weakened the Department of Community Affairs and took power away from the Commission in knowing what is best for a local government and a local community. Commissioner Dzadovsky thanked Representative Fetterman forthe time he gave him while in Tallahassee. He addressed insurance companies coming in and cherry picking. He stated if a company is in Florida providing auto insurance they should also be required to provide the other insurances. He addressed SB 216. He stated that they sit as a Commission on a daily basis and here from constituents and when there is an issue that is coming in front of the State and the Commission knows from the information received from the constituents that it is bad for St. Lucie County the Commission expresses that whether it is on SLC TV or via phone calls or e- mail. He stated that he is concerned that they may be viewed as using tax payer dollars to provide information on what they believe to be a bad bill. Representative Fetterman stated that this bill has nothing to do with the issues that come before the Legislature. This bill speaks solely to issues that come before the voters and are placed on the ballot. What it prevents is a municipality from expending dollars on television ads, -billboards and signs on the sides of buses to oppose a ballet initiative. This has nothing to do with advocacy by the Commission, FACC or Florida League of cities to the Legislature regarding specific bills. Commissioner Dzadovsky asked if there had been a dollar limit placed on this. Representative Fetterman stated that there was nothing in the bill that prevents the Commission from disseminating information. It has a specific exception for that. Commissioner Coward thanked Representative Fetterman and his leadership on education, growth management and a variety of other important issues. He stated that he was particularly pleased with Representative Fetterman's vote against SB 316, which is the worst growth management legislation that he has ever seen in the two decades that he has been a professional planner working in the State of Florida. He stated that in order for the State to be eligible to receive the billions of dollars of monies from the Federal Stimulus packet, the State of Florida because of its dismal record on funding education, had to get a waiver. Commissioner Coward requested the status of the waiver process. Representative Fetterman stated that he does not know the answer to the question. He stated that he did not believe that they had received the waiver yet. As of last week in Tallahassee, his understanding was that the application was still sitting on the Governor's desk. The communication received from the Governor's office was that they were still waiting on information on how to apply for the waiver from the US Department of Education. The US Department of Education said that they just needed the application for a waiver. He stated that in speaking with the Congressional Delegation is that we will likely receive the waiver because funding was held steady to the 08/09 level and depending on how you look at it they may have increased funding by about $50.00 per student. Commissioner Coward stated that the County, State of Florida and particularly this Board and the community is very interested in trying to promote clean energy alternatives. He stated having gone through the process having one of the largest coal plants proposed in our back yard, which the Board denied and having gone through the review of several proposals within the community most of the Board has come to the conclusion that roof top solar makes the most sense in the sunshine state. The State Energy Policy essentially creates energy monopolies and they only do centralized solutions. They don't build solar on individual roof tops. He stated that the State ranks nearly last in the country in terms of incentives that are available for individual homeowners to make it cost effective. The Public Service Commission commissioned a report by navigate consulting that looked at all the clean energy alternatives and determined roof top solar is the most technologically viable alternative for the State. Right now we cannot achieve that based on State Energy Policy or the lack of incentives. He stated that this needed to be addressed. He stated that we needed to get the State to change the Energy Policy. Representative Fetterman agreed with Commissioner Coward. He stated that people will be hurt as a result of the decisions that were made in Tallahassee this year. There will be a reduction in the Government services. He stated that he did not see things like that happening next year. He stated that the State budget will continue to be very difficult and challenging for the next legislative session. He stated that he foresees this to happen over a 5 year time horizon. 2 Commissioner Coward stated that St. Lucie County could be pulled out as a pilot project. He stated that right now the ill faded industrial wind turbine project has a 5 million dollar subsidy allocated for it. The Public Service Commission report determined that land based wind is not commercially viable and there is no future in Florida. He suggested taking the 5 million dollars away from a project that is ill faded and shift it into trying to do wide spread roof top solar. Representative Fetterman stated that he would be happy to look at a bill for the next legislative session. Commissioner Coward stated that this would create thousands of jobs locally. Commissioner Grande commended Representative Fetterman on his fight against SB 316. He stated that he would hope that if a solar bill is created it would be a distributed solar bill to get it to individual roof tops. He addressed his concerns with SB 316. Commissioner Craft thanked Representative Fetterman. Commissioner Lewis thanked Representative Fetterman. V GENERAL PUBLIC COMMENT John Arena — Ft. Pierce addressed the Board and voiced his concerns with issues in Ft. Pierce Roger Hudsbeth — Chair for the Green Collar Tax force thanked the Commission and gave his gratitude to County Staff and commended Commissioner Coward. Commissioner Grande thanked the task force members. Commissioner Coward also thanked specific members of the task force. VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37 B. COUNTY ATTORNEY 1. Second Amendment to Agreement with Ranger Construction — Calmoso Project The Board approved staff recommendation to approve and give Chair permission to sign Second Amendment to Agreement with Ranger Construction. Revocable License Agreement — Harbor Branch Oceanographic Institute/Florida Atlantic University — Old Dixie Highway The Board approved staff recommendation to approve the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and direct Harbor Branch Oceanographic Institute/Florida Atlantic University to record the document in the Public Records of St. Lucie County, Florida. 3. Pepper Park - Lease Renewal - Sovereignty Submerged Lands - BOT Lease No. 561411748 The Board approved staff recommendation to approve the Sovereignty Submerged Lands Lease Renewal, BOT Lease No. 561411748, extending the effective date to June 13, 2014, authorized the Chair to execute the Lease Renewal, directed staff to forward the Lease Renewal to the Department of Environmental Protection for signature and record the Lease Renewal in the Public Records of St. Lucie County, Florida. 4. "After the Fact' Revocable License Agreement — Pivotal Utility Holdings, Inc. d/b/a Florida City Gas — Lucero Drive The Board approved staff recommendation to approve the "After the Fact" Revocable License Agreement with Pivotal Utility Holdings, Inc. d/b/a Florida City Gas, authorized the Chair to execute the Agreement and directed Pivotal Utility Holdings, Inc. d/b/a Florida City Gas to record the Agreement in the Public Records of St. Lucie County, Florida. 3 )6/12/09 ZABWARR FUND TITLE )01 )01185 )01188 )01190 )01434 )01436 )01500 )01501 101505 .0.1 .01001 .01002 01003 01004 02 02001 02809 05 07 07001 07002 07003 07006 07204 07205 07206 30 30100 40 40001 40135 40335 40346 40360 50 60 81 83 83001 83004 83006 84211 85009 89201 10001. 10002 10806 16 ST. LUCIE COUNT, - BOARD WARRANT LIST #37- 06-JUN-2009 TO 12-JUN-2009 FUND SUMMARY General Fund FDOEM State Homeland Security Grant Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5307 - Buses 05/06 Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU FTA 5307 Capital and Operating assi Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R US Customs & Border Protection Faci FDEP Airport W Commerce Prk Sewer Impact Fee Collections Plan Maintenance PAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla Impact Fees -Library Impact .Fees -Parks FIND-S. Causeway Island Park Imp County Capital EXPENSES 390,591.52 8, 969.00 1, 248.10 833.04 282.48 175.82 6.24 3, 439.19 3, 364.73 7, 658.53 78.11 24, 012.26 14,985.32 14,788.51 37, 042.53 21,034.69 8,387.97 1, 755.13 265,694.76 84.91 184.30 27,972.39 4, 680.81 108.50 487.71 181.35 57,340.48 96,032.00 4, 851.75 29,326.70 40,356.29 2, 124.02 25,�937.44 29,240.00 114.61 628.00 402.76 6, 041.34 380.00 731.38 2, 174.35 14,734.72 143.02 133,727.13 33, 729.29 5, 090.03 2,155.50 26,465.69 PAGE PAYROLL 556,778.79 0.00 9, 648 . 67 0.00 1, 555.91 1, 102 .40 0.00 1, 386.80 0.00 38,227.20 1, 021 . 02. 45,787.32 23,990.03 17,268.20 78,436.60 5, 420.16 0.00 0.00 146,436.47 1,113.60 1,113.60 0.00 8,736.95 1,507.10 2, 076.00 0.00 2,176.18 0.00 15, 330.89 0.00 0.00 0.00 0.00 0.00 1, 523.20 3, 497.74 0.00 3, 009. 49 0.00 5, 404 .72 0.00 0.00 2, 060. 48 6, 072. 80 0.00 0.00 0.00 0.00 )6f12/09 ST. LUCIE COUNlj - BOARD ,'/!ARWARR WARRANT LIST #37- 06-JUN-2009 TO 12-JUN-2009 FUND SUMMARY PAGE 2 ND TITLE 31.8102. FHWA Angle Rd Sidewalk & Signalizat i01. Sanitary Landfill Fund 118 Golf Course Fund i51 S. Hutchinson Utilities Fund 15. 8 SH Util-Renewal & Replacement Fund 1.61 Sports Complex Fund 71 No County Utility District-Operatin 78 No Cty Util Dist -Renewal & Replace 79 No Cty Util Dist -Capital Facilities 91 Building Code Fund ,05 Health Insurance Fund 05001 Property/Casualty Insurance Fund 1] Tourist Development Trust-Adv Fund Law Library 55 Insurance Agency Fund 165 SLC Art in Public Places Trust Fund 01 Bank Fund EXPENSES 120,210.75 434, 999.00 10,428.16 3,305.66 13,235.09 21,810.28 20, 702. 90 2, 983 . 55 120.52 5, 816. 68 351,105.35 986,083.25 203.61 16,041.36 109,350.00 1, 040.00 212,612.43 PAYROLL 0.00 57,583.72 21,769.87 3, 949. 70 535.66 21,598.53 7, 882.. 20 1, 2.80.25 1 , 622 . 92 33,425.62 5, 504 . 91.. 0.00 1, 905.77 0.00 0.00 0.00 0.00 GRAND TOTAL: 3, 659, 822. 99 1., 137, 741 . 46 5. St. Lucie County Airport - Florida Power & Light Company - 50' Utility Easement The Board approved staff recommendation to approve the 50' Utility Easement in favor of Florida Power & Light Company, authorized the Chair to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida. — This item was pulled for separate vote. Commissioner Dzadovsky stated that this issue had to do with the utility easement and where to place the power lines. He stated that he was disappointed that the Commissioners were presented with this situation. He pointed out that given what they did with the power lines they take a look at the Airport Master Plan and all the property around it and how to move forward. He stated that he would have liked to have seen the power lines across Kings Highway over by the canal and out of the way. He stated that he was not in support of where they were going to move the lines. Commissioner Craft concurred with Commissioner Dzadovsky and stated that there were time constraints to receive the maximum funding from the Federal and State sources. Commissioner Grande stated that there was exceptional participation from the public. Commissioner Dzadovsky stated that they needed to advise anyone that was going to lease hold properties that there is a possibility of change and that this is a working airport and there are expansion opportunities. It was moved by Commissioner Craft and seconded by Commissioner Coward to approve St. Lucie County Airport - Florida Power & Light Company - 50' Utility Easement and upon roll call motion carried unanimously. 6. Green Collar Consortium — Memorandum of Agreement to Create Green Collar Consortium with Workforce Solutions and Building Trades Unions The Board approved staff recommendation to approve the proposed Memorandum of Agreement to create the Green Collar Consortium, and authorized the Chair to sign the Memorandum of Agreement. C. PUBLIC WORKS 1. New Horizons of the Treasure Coast The Board approved staff recommendation to approve the agreement to pay a fee -in -lieu -of for constructing a concrete sidewalk for New Horizons of the Treasure Coast in the amount of $7,909.00 and authorized the Chair to sign documents as approved by the County Attorney. 2. Natural Resources Conservation Service (NRCS) Grant The Board approved staff recommendation to approve Amendment No. 1 to the original Grant Application, Budget Resolution No. 09-180 and Budget Amendment BA09-025. 3. Unsafe structure,1903 Edwards Road, Ft. Pierce, FL 34982 The Board approved staff recommendation to advertise a public hearing to be scheduled for the next available night meeting following four consecutive weeks of advertising. Contract with Everglades Farm Equipment. The Board approved staff recommendation to approve to enter into a contract with Everglades Farm Equipment in the amount not to exceed $49,999.99 and authorized the Chair to sign the contract as approved by the County attorney. Verada Ditch Improvements South of Calmoso Drive The Board approved staff recommendation to approve Change Order No.1 in the amount of $379, 972.42. D. PARKS AND RECREATION 1. Application for Local Historic Designation of "Old Fort Park" by the City of Fort Pierce The Board approved staff recommendation to approve of the City of Fort Pierce Historic Preservation Board's application to designate "Old Fort Park" a historic site on the local register, and authorized the Chair to sign documents as approved by the County Attorney. 2. Equipment Request No. 09-035 to purchase a 6'x10'x6.5' Utility Trailer and BA09-024 The Board approved staff recommendation to approve Equipment Request No. 09-035 and BA09-024 for the purchase of a 6'x10'x6.5' utility trailer for use for various events. E. SHERIFF'S OFFICE 1. Permission to Apply for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) The Board approved staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program in the amount of $116,436.00. 2. Permission to Apply for the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant (JAG) Program under the American Recovery and Reinvestment Act of 2009. The Board approved staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant (JAG) Program under the American Recovery and Reinvestment Act of 2009 in the amount of $878,816.00. F. COMMUNITY SERVICES 1. Community Services Block Grant (CSBG) Agreement for FY09-10 The Board approved staff recommendation to approve the agreement with the Florida Department of Community Affairs for FY09/10 CSBG in the amount of $287,204; approval of Budget Resolution 09-181 and authorized the Chair to sign documents as approved by the County Attorney. 2. Volunteer Income Tax Assistance (VITA) Grant Application FY09/10 The Board approved staff recommendation to approve the submittal of a grant application to the U.S. Department of the Treasury, Internal Revenue Service, Volunteer Income Tax Assistance Grant Program for an amount not to exceed $300,000; and authorized the Chair to sign documents as approved by the County Attorney. G. GRANTS 1. National Oceanic and Atmospheric Administration — Coastal Counties Restoration Initiative Grant, St. Lucie — 3 Spoil Island The Board approved staff recommendation to approve to submit grant application to the National Oceanic and Atmospheric Administration — Coastal Counties Restoration Program for $50,000 for the St. Lucie — 3 Spoil Island Wetland Reconnection and Native Planting Project. 2. U.S. Fish and Wildlife Grant — South Florida Coastal Program, St. Lucie — 3 Spoil Island The Board approved staff recommendation to approve to submit grant application to the U.S. Fish and Wildlife South Florida Coastal Program for $50,000 for the St. Lucie — 3 Spoil Island Wetland Reconnection and Native Planting Project. 3. Florida Department of Transportation — Transportation Enhancement Program, St. James Drive Pedestrian /Bicycle Pathway — Phase 11 The Board approved staff recommendation to approve to submit a grant application for $362,314 to the Florida Department of Transportation — Transportation Enhancement Program for the St. James Drive Pedestrian /Bicycle Pathway — Phase II Project. Florida Department of Transportation — Safe Routes to School Grant Program, St. James Drive Pedestrian/Bicycle Pathway — Phase II The Board approved staff recommendation to approve to submit a grant application for $362,314 to the Florida Department of Transportation — Safe Routes to School Grant Program for the St. James Drive Pedestrian/Bicycle Pathway — Phase II Project. Approval to accept a grant from the Indian River Lagoon - License Plate Program FY 2009, The Board approved staff recommendation to approve to accept grant contract and funding of $35,185 from the Indian River Lagoon - License Plate Program for the St. Lucie -3 Spoil Island and Queens Island Preserve Project. National Library of Medicine —AIDS Community Outreach Contract Program for In the Image of Christ, Inc. The Board approved staff recommendation to approve to submit a grant application for $60,000 to the National Library of Medicine —AIDS Community Outreach Contract Program for In the Image of Christ, Inc. 7. Florida Division of Cultural Affairs Culture Builds Florida Program Grant Application The Board approved staff recommendation to approve to submit a grant application for $25,000 to the Florida Division of Cultural Affairs Culture Builds Florida Program for a public art symposium. Project Vision — Letter of Intent and Resolution 09-183 The Board approved staff recommendation to have the County Administrator draft a Letter of Intent to offer Project Vision a Job Growth Incentive Grant of $510,000 phased over three years and, subject to Board approval at a public hearing, an Ad Valorem Tax Abatement of $40,500 phased over nine years. Also, Board approval of Resolution 09-183 recommending that Project Vision be approved as a qualified target industry business pursuant to Section 288.106, Florida Statutes; providing an appropriation of $160,000 as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. It was moved by Commissioner Grande and seconded by Commissioner Coward to approve the Consent Agenda with the exception of Item 6135 and upon roll call motion carried unanimously. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Special Magistrate's Recommendation concerning St. Lucie County Board of Adjustment's Resolution No. 08-010 regarding St. Lucie Citrus Consulting. The Board approved staff recommendation to approve the Special magistrate's second recommendation, which is as follows: 1. All excavated materials must be kept on site. 2. The lake would be limited to a depth of 8 to 10 feet 3. All excavation work on the lake must be completed and started within a 12 month period. 4. The applicant would be complying with all South Florida Water Management District permits 5. There must be an appropriate application for a PUD by the applicant 6. The County Attorney recommended deleting number 6 1.1 Additional Conditions 1. Monitor noise at the property line 2. Monitor impact on the wells and issue a stop work order with the project pending the South Florida Water Management District review if a violation of any condition of South Florida Water Management District Environmental Resource permit number 56-01836-P is found 3. No building permit shall be issued until any required North St. Lucie Water Control District permit has been obtain and to be considered in good standings 4. Commissioner Coward suggested adding language that they would have to meet all the requirements of the Plan and the Code. 5. Commissioner Coward suggested that all outstanding fees be paid prior to the issuance of a building permit and that all the fees should be paid before staff spends any more time processing a PUD application at all. Katherine McKenzie Smith stated that this is from Florida Statute 70.51 and it is an alternative to a land issue. She outlined the history of the property. She stated that after reviewing the history of the property the Growth Management Director made a determination that the proposed extraction and removal of material to create the 32 acre lake was from mining and required the applicant to submit a mining application and conditional use. The applicant filed an appeal to the Board of Adjustment on the Growth Management Director's decision. The Board of Adjustment denied the appeal and a request for relief was filed pursuant to Florida Statute 70.51. A hearing was held on March 12, 2009 and the Special Magistrate filed a recommendation on May 8, 2009. She stated that the Special Magistrate had made two recommendations. One was that the Growth Management Director approve the St. Lucie Citrus Minor Site Plan application with the four additional conditions as outlined. She stated that after the recommendation was made the Statute requires that the Board of County Commissioners either accept the recommendation, accept it with modifications or reject it. She suggested modifications based on issues that had been recently raised. One of them was concern with boat noise. She stated that boat noise is exempted from the noise ordinance. The recommendation is that the noise at the property line are not to exceed the sound limits set forth in section 113.8 of the St. Lucie County Code. The other is concern over the wells even though they have the South Florida Water Management District permit. She stated that they were suggesting a modification that put in that the impact on the wells be monitored and issue a stop work order for the project pending South Florida Water Management review if a violation of any condition of South Florida Water Management District permit is found. The third issue was raised by the North St. Lucie Water control district and they are stating that their permit is not in good standing. No building permit will be issued until it has been obtained and considered to be in good standing. She stated that the Board will issue a decision tonight and the applicant can agree to acceptor deny it. If they choose to deny it the Growth Management Director will have to issue a written decision as to what uses are available for this land within 30 days. Mark Satterlee stated that despite the fact that the Special Magistrate disagreed with his finding that this required a mining permit he still feels justified in the action that he took. This application was before the Board in 2004 as a mining permit. It is substantially the same lake and configuration of lake as it was then. He stated that when he asked the applicant for specific information about the amount of material to be removed off site the information was never provided. They never could get an accurate handle on how much traffic and activity would actually be occurring on Ideal Holding Road. Commissioner Grande asked the Growth Management Director that with the Special Magistrate's conditions about the drastically reduced depth of the lake and the requirement that no material be removed off site did he feel that he took his points into consideration. Mark Satterlee stated that he felt he took them into consideration. He is comfortable with the recommendation that was made by the Special Magistrate. Commissioner Grande stated that he was in agreement with the Growth Management Director's position. Commissioner Coward stated that he agreed with staff comments and the Board had already recommended going against the mining application in the past. He stated that there had been no objections to it being laid out as a site plan but it was the misrepresentation of it being a site plan as opposed to a mining operation which is what he had viewed much of this project to be. He stated that on a procedural standpoint he is troubled by the fact this applicant has not even paid the application fee. This means that the costs are being passed onto the tax payers of St. Lucie County. 7 He stated that he did not believe from a procedural standpoint that this project should even be before the Board. It should be a prerequisite that the fees that are required to process the application are paid in order for the Board to consider this in such a hearing. Commissioner Craft concurred. Commissioner Coward stated that there was an outstanding fee in the amount of $5,500 due to the North St. Lucie Water Control District. Katherine McKenzie Smith stated that the initial application fees were paid and the District incurred more costs. Commissioner Grande concurred. He stated that if full fees are not paid up front there is a great possibility that if the permit is not issued for good cause the fees may never get paid. PUBLIC COMMENT Tracey Powers — Owner of St. Lucie Citrus stated that the application fees have been paid. She informed the Board that she had an approved North St. Lucie Water Management District signed permit. Commissioner Coward asked if had been submitted in writing that it had been paid. Tracey Powers stated that she had an actual permit approved with signature. Commissioner Coward stated that there was not a concern with the permit it was the fact that there are outstanding fees. He asked how recently the correspondence had been given to the County. Katherine McKenzie Smith stated June 11, 2009. Tracey Powers stated that St. Lucie Citrus requested relief under Florida Statute 70.51 which had to do with the Burt Harris act. She stated that they had a Special Magistrate proceeding and during the proceeding they provided an abundance of evidence to show that the County errored. For many legal reasons they operated against the Land Development Code. She stated that the Growth Management Director had five days to either approve, deny or approve with conditions. She stated that instead of approving, denying or approving with conditions he required a mining permit. This was for the temporary construction activities associated with the creation of the lake on the site plan. The lake was to be used for storm water management, recreational water use, aquaculture and irrigation. The proposed use of the property was located in an ag 5 zoning district. She stated that under this zoning you would be allowed approximately 30 units. This was a minor site plan and part of the site plan known to the County from day 1. She stated that she had documentation from the County stating that they did not need a mining permit. When they went into a pre -initiation meeting before the application was ever turned in the County knew what the applicants were doing. She stated that they had discussed approximately 300 to 350 yards of dirt being dug out of the lake. She informed the Commissioners that the Department of Transportation is extending highway 70 and they would like to trade, dig the lake and take the dirt to use as fill for highway 70. Instead the Department of Transportation had to purchase the fill. Now with the situation before the Commission and the modification of the site plan which is against the Land Development Code restricting them from any removal of dirt. This will create an extraordinary expense to create the lakes. In addition the excess dirt would have to be spread around the property costing more money and destroying the agricultural nutrition and it would kill the grass and the citrus trees that currently exist on the land. She stated that the Growth Management Director had two main areas for his argument with why a mining permit was needed. She stated that the Growth Management Director had stated that the lakes were to large and therefore the Land Development Code did not apply. She stated that he had also said that this lake was substantially the same as the one proposed in 2004 which was a mining permit that had been denied at that time. She stated that if the County is not requiring a mining permit under Statute 70.51, when the Commission makes a recommendation, they would not be able to accept the recommendation that the County is proposing. She stated that they had approached the residents and came to another option that they would accept if they did not take any dirt off the property. She stated they had looked at the Special Magistrate recommendation and it holds mustard. She stated that the residents were for the 30 unit proposal. She stated that Florida Statute 70.51 allows the Commission to make an exception to increase the density under a minor site plan. In the State Statutes it also states under a Special Magistrate proceeding that is outside the realm of the requirements with the Comprehensive Plan it would not require an amendment or a special approval. She stated that it makes more sense to go with the second option from the Special Magistrate. She stated that the excess dirt could be used for pads on 30 units. She stated that their modification is that either they remove the amount of dirt that the Growth Management Director agreed to during mediation with the Special Magistrate which was 350 thousand yards or they would go with the 30 unit exception and increase the density. This option was also given by a member of the Board of Adjustment. She stated that regardless of what happens here tonight they are opposed to the current approval of the 4 lot site plan. There had to be something to offset the cost of the lake. She stated that even in the City of Pt. St. Lucie any site plan allowes to removal of dirt. She stated that the fact that there ever was a mining permit application put in was a mistake. She stated that the depths of the lakes is a problem. Apparently the Special Magistrate received some article from a magazine stating that 8 to 10 feet was the optimal depth for a water ski lake. 8 feet deep is the minimum allowed by the South Florida Management District do to bacteria and drought. She stated that they felt that it needed to be 12 feet minimum. The reason why they never gave a definitive depth is because itwould depend on what type of material was at that depth. Engineering stated that there were no offsite impacts to construct this lake under the criteria. Commissioner Craft asked if they had a land use attorney involved. Tracey Powers stated that they had an attorney involved after it was to late Commissioner Craft stated that he felt it would be beneficial to them. He stated that he had some concerns. He stated that there are things that can be done to help mitigate these things. He stated that one of the conditions that he would have liked to have seen was a berm that goes around the property to prevent the noise. Tracey Powers stated that this was already part of the site plan. Commissioner Craft stated that they were not considering the site plan. He recommended that they bring the site plan and this back before the Board together and have a professional do that. Tracey Powers stated that the site plan would not need to be approved. The only thing that the Board would be approving is the modification from the Special Magistrate proceedings which would be to allow them to have a modification to a minor site plan and all of the other conditions. The Commissioners would need to make a decision whether or not they would make the modification to allow 30 units. Commissioner Coward stated that this was not consistent with the Comprehensive Plan Commissioner Grande stated that the Special Magistrate had given a couple of alternatives that should be considered and he had given a list of conditions that would go with each of the alternatives. He stated that both of the alternatives that were laid out by the Special Magistrate was there should be a condition that says the lake will not exceed 8 to 10 feet in depth. He stated that the Special Magistrate made a ruling in both of the alternatives that he had laid out specifically stating that the excavated material from the SLC lake must be kept on site. Tracey Powers stated that the County is able to modify the recommendation. She stated that the Special Magistrate determined that the mining permit is not warranted here. Commissioner Grande stated that the Special Magistrate determined that a mining permit is not necessary because it is not necessary to go to the 25 foot depths and to have the kind of removals that this would entail. Tracey Powers stated that what the Special Magistrate is saying is that based on the land development code there are specific provisions per section 11.05.11A2 of the Land Development Code where it states that no mining permit shall be required under this section for the following activities. One of the activities is under any development with a site plan. She stated that the Special Magistrate was also discussing section 6.06.02A of the Land Development Code which exempts the mining permit for temporary mining activity in conjunction with a development through the site plan process. She stated that the definition of mining is the excavation and removal of dirt using a county road. She stated that if they do not remove any dirt then they are not mining. She stated that the County's Land Development Code says that a site plan is able to remove dirt. She stated that under section 70.51 the County can increase the density and maintain the site plan. 9 Commissioner Dzadovsky asked for clarification on the total number of yards of dirt that will be removed. Tracey Powers clarified that there would be 300 to 350 thousand yards to be removed and half would be used for the berm. Commissioner Dzadovsky asked if they had done core samples. Tracey Powers stated that they had core samples done and that there was no coquina. Commissioner Coward stated that one of the things that was disputed was the status of the permit. He stated that he had a document dated June 11, 2009 and it came from Christine Beckham. The Growth Management Director stated that Christine Beckham is an employee or a representative of the North St. Lucie Water Management District. Commissioner Coward stated that in anticipation of this hearing the County questioned the status and what was written back was that an easement needed to be recorded that had not and the project is in arrears with the North St. Lucie River Water Control District and there are outstanding invoices for the project review that total $5,022.81. The owners have requested relief from their Board on two occasions. On both occasions the Board heard the complaint but upheld the charges as they felt the amount due was not unreasonable given the volume of work the project review required. He stated that there was also discussion about a security deposit. In conclusion because the easement had not been finalized and the monies due have not been paid the permit for the project is not currently valid. Phil Bradford Carlton Ranch Estates addressed the Board. He stated that they have owned this property for about a year and one half. During this period of time he became aware through a letter from Mr. Satterlee about this project. He stated that he had no knowledge about it before receiving notification from this department. He stated that he then spoke to Mr. Powers and was led to believe that this project would be comparable to projects found in states such as California or Texas. Some of his concerns are access by the general public. He stated that he had concerns about water pollution to the water table as well as noise pollution. With usage of 2 and 4 cylinders he would be concerned about the hours of operation. He stated that air and site pollution are also concerns. He stated that he felt the property would be less than similar to other surrounding properties. He stated that there had been no confirmation about the exact depth. He stated that he was against the site plan. Ken Canard of Hidden Acres Estates which is an adjoining property. He stated that the original application was named the St. Lucie Citrus Mine. This property is in the middle of 3 residential communities. When they bought the property it was zoned for one house per 5 acres. He stated that they should be able to accept the zoning as it was. He stated that they continue to change the plan to get by some of the rulings. Dave Lagates of Aero Acres addressed the Board. He stated that the Magistrate made adjustments, agreements and compromises as well as the compromises that the residents made. He stated that Mr. Powers had made a comment in the past to not remove the dirt. He stated that they paid to pave the road through an MSBU. Commissioner Coward explained what an MSBU was. Dave Lagates stated that they had no problem with 30 lots. He stated that they had not been told the truth in the past. Commissioner Dzadovsky asked which road was involved with the MSBU Dave Lagates stated Ideal Holding Road. Commissioner Dzadovsky asked when other home owners participate in an MSBU and they pay to pave a road if a new homeowner comes in after the fact are they obligated to participate in the MSBU. The County Engineer stated that regarding the MSBU and home owners that show up after the road had been paved the re -payment period for MSBU is funded for 10 years to 20 years and Ideal Holding Road was at least 10 years. During the re -payment period if new homeowners show up then they are brought into the MSBU and contribute their fare share which then lowers the assessment for the homeowners that have already contributed to fund the construction. Once the MSBU is paid off if new homeowners show up they are not charged. 10 Commissioner Lewis asked if the property owners paid into the MSBU even if they did not have development on their property. The County Engineer stated that it is a 10 year old MSBU and it was based on trips. Ken Canard stated that there was no agricultural activity going on, on the property. Jean Andrews — Aero Acres addressed her concerns with the Lake. She stated that she is concerned with the water levels and how it would affect their wells. Patricia Close — Aero Acres stated that she is tired of this project. She stated that this project is not compatible. Andrew Stemple stated that he was opposed to the project do to the possibility that it may be open to the public. Tracey Powers stated that this would be a private residential development with no public access. She stated that there is no zoning change. The intended use of the property had not changed. She informed the Commission that they contributed to the road. Anne Norvell — Carlton Ranch stated that when the Powers first bought the property it was a producing orange grove. She stated that the property is not being maintained. She stated that she was opposed to the lake. Joseph Miller — Ideal Holding Road stated that they had went through two sessions with a Special Magistrate. He stated that the Magistrate came up with guidelines and recommendations. He stated that the neighbors have agreed to most of the recommendations by the Magistrate. He requested the Commission consider the recommendations from the Magistrate. Mike Hudson President, Carlton Country Estates stated that he is 1000 feet off the northern perimeter of the property. He stated that they welcome residential development. He stated that removal of the dirt would be a substantial use of the road. He stated that he felt that with the Magistrates recommendations they had reached some common ground. Commissioner Grande stated that the Special Magistrate had two recommendations. The first was the 4 unit proposal, which would be a minor site plan approval. The second was a 30 unit site plan. He asked if the second option was chosen by the applicant would they have to come in for a zoning change for a PUD because the lots would be smaller than those allowed under the current zoning. The Growth Management Director stated that it would have to come in as a PUD. Commissioner Grande stated they have a very current letter from the North St. Lucie River Water Control District indicating that the permit is not in effect. The County Engineer stated that the process that the North St. Lucie River Water Control District follows is that the applicant pays a retainer fee when they drop the permit off. During the review process they are given monthly invoices and they expect that at the conclusion of the review period that the invoices would be paid and the retainer would be returned. He stated that what he understood is that the monthly invoices had not been paid. Commissioner Lewis stated that there were two sets of recommendations. She stated that they had heard from the applicant that option one would not work for them. Commissioner Craft requested a picture of the site plan. He asked why so much water was needed to ski. Tracey Powers stated that this would be for competition water skiing. She stated that with the South Florida Water Management District it is not that easy to amend. The lake was amended back in 2003. Commissioner Craft asked if they had a permit from South Florida Water Management District to build a water body would they not be able to make an amendment to the size. The County Engineer stated that a reduction would be handled through a permit modification process. He stated that it is relatively straight forward. Commissioner Craft stated that if they were to.propose a lake with the excavation of dirt being 1 /3ro of what is currently being proposed the problem would be solved. Tracey Powers stated that changing the design of the lakes is not an option. Commissioner Craft stated that he felt they could get what they want on the property and keep the neighbors happy. Tracey Powers stated that they agree that no dirt is being removed and it should not matter what size the lakes are. Commissioner Craft stated that at the beginning of her presentation she stated that this would not work because of the strong interest of agricultural production on the property. Tracey Powers stated that she would propose the second option that the Special Magistrate recommended and under Florida Statute 70.51 to offer a modification to increase the density and the Comprehensive Plan does not need to be amended for that. Commissioner Craft asked if the modification to increase density would come back before the Board as a PUD and the Board would consider this at that time. The County Attorney stated that the Special Magistrate recommended going through the Ag PUD process and all the Ag PUD requirements would be in place. Commissioner Grande stated that under the first option something under a minor site plan that is available. The second option which is the 30 unit option would not be available to the Board under the current zoning, because under the current zoning each of the lots would need to be a minimum of 5 acres. He stated that the Board does not get to make the change on the application as it has come before the Board tonight. It is one of the things that Commissioner Craft had suggested which was utilizing a land use attorney because there is a process. Tracey Powers stated that there is a way to subdivide the current site plan into 5 acre parcels and maintain it as a minor site plan with a modification. Commissioner Coward requested clarification.. He stated that it would go through an Ag PUD process and all the requirements would be required. He stated that he did not have a problem with them coming back with a proposal for the allowable zoning of one unit per five acres. There is no reason for a special exemption for this. It should go through the process and meet both the Land Development and Comprehensive Plan. Tracey Powers stated that they had gone through the process. Commissioner Coward stated that he would be willing to entertain them coming back to the County for the 30 units that are allowed in this zoning if they meet the codes. Commissioner Dzadovsky asked how they intended to maintain the lake level. 30 acres of lake would put a lot of people out of water. He asked if they would be permitted to maintain an artificial level. He stated that the water levels would drop during drought. Tracey Power stated that this is why South Florida Water Management District has an 8 feet minimum depth. She stated that there have been numerous site plans with lakes larger than the one they are proposing approved by the Board. Commissioner Coward asked if the projects mentioned were for 3 and 4 lot subdivisions. He stated that there may be properties that are bigger in size. Tracey Powers stated that there was no criteria that says that you are limited to certain size lake for a site plan. Commissioner Coward stated that it is difficult when information is provided at this point without it being provided in advance. He stated that there can not be a rule written for every possibility. Some professional common sense must be applied. He stated that they are using common sense and professional judgment in this process. 12 Tracey Powers stated that the Growth Management Director, within the Land Development Code, always had the ability to place conditions upon the approval, which is what the Code requires. Five days to approve, deny or approve with conditions. Commissioner Grande asked that based on the status today, as of the result of the Special Magistrate action if the Board's outcome tonight was to ask the applicant to go back and present a plan based on an Ag PUD would the Board be consistent with the time frame outlined by the Special Magistrate. The County Attorney stated yes. He stated that this is alternate to, which would require an appropriate application for a PUD by the applicant. If the Board is inclined to do that the Board may want to look the six conditions. He stated that the Board may want to delete condition number 6 and add conditions about the noise for purposes of being clear about the noise. He stated that there were two options, one was the 4 lots with the 4 conditions which they had suggested modifying. The other alternative recommendation was the 30 unit development as a PUD with six caveats as follows: 1. All excavated materials must be kept on site. 2. The lake would be limited to a depth of 8 to 10 feet 3. All excavation work on the lake must be completed and started within a 12 month period. 4. The applicant would be complying with all South Florida Water Management District permits 5. There must be an appropriate application for a PUD by the applicant 6. He recommended deleting number 6 He suggested adding some other conditions about the noise pursuant to the ordinance. Commissioner Grande suggested eliminating the specific unit number but not to exceed 30 units Tracey Powers stated that she appreciated the Board discussing the PUD as an option. She stated that a PUD will not happen. She stated that they had been through the site plan process 3 times already. She suggested calling a continuance on the hearing to be able to meet individually with each Commissioner to see if they can use Florida Statutes, Commissioner Grande stated that the second option that the Magistrate put on the table gave the option to increase the density also calls for a PUD. Commissioner Lewis stated that her understanding under the County Land Development Code this would require a PUD to have this type of development take place. She informed the Board that the Magistrate had suggested that she meet with the Board members prior to the public hearing. Commissioner Coward asked when the Magistrate's recommendations came out. The Growth Management Director stated May 8, 2009. Commissioner Coward asked the applicant what action she had taken prior to the public hearing to inform the Board. He asked if she had contacted any of the Board or sent them any materials. Tracey Powers stated no. Commissioner Coward stated that the applicant is trying to hinge the Board's vote on language in the Florida Statutes that came from the Magistrate in a private discussion afterwards and as a part of the conversation the magistrate recommended that the applicant speak to the Board members individually. He stated that he did not understand why the applicant took zero effort to contact the Board prior to the meeting. He stated that he did not care if Florida Statute allowed him to disregard the Land Development Code or the Comprehensive Plan. He stated that she should come in under the normal process of having an Ag PUD brought forward for full review and meet the codes. Commissioner Lewis stated that the Board is used to particular procedures and because they are not dealing with an attorney in this particular case the procedure is running somewhat differently. She stated that the Board has before them two specific recommendations from the magistrate. She stated that it appeared that they had the majority in agreement with the Ag PUD option. She requested the Attorney outline additional conditions that had been outlined. 13 Dan McIntyre stated that the additional conditions would be as follows 1. Monitor noise at the property line 2. Monitor impact on the wells and issue a stop work order with the project pending the South Florida Water Management District review if a violation of any condition of South Florida Water Management District Environmental Resource permit number 56-01836-P is found 3. No building permit shall be issued until any required North St. Lucie Water Control District permit has been obtain and to be considered in good standings Commissioner Coward asked that under 5 where it says appropriate application for a PUD was it safe and accurate to assume they will meet the Land Development Code and the Comprehensive Plan. The County Attorney stated that they would have to meet all the requirements of the Plan and the Code. Commissioner Coward suggested adding that language. He also suggested that all outstanding fees be paid prior to the issuance of a building permit. He stated the fees should be paid before staff spends any more time processing a PUD application at all. It was moved by Commissioner Grande and seconded by Commissioner Coward to adopt the second option of the Special Magistrate's recommendation with the deletion of the 6�1 condition and the addition of the 3 conditions outlined by the County Attorney and that condition 5, which reads appropriate application for a PUD by St. Lucie Citrus be obtained. If the applicant asks for more than 8 units according to the code it must be a PUD and must follow the agricultural PUD requirements. Commissioner Grande amended his motion to add Commissioner Coward's recommendations as a ninth condition and upon roll call motion carried unanimously. Commissioner Craft stated that he would not support the motion that was on the floor Commissioner Lewis stated that the option contains the excavated materials Commissioner Craft stated that if they come back before the Board with an Ag PUD they can make that a condition at that time. Commissioner Lewis stated that they had accepted all the requirements in option one by accepting two. Commissioner Grande stated that the reason the motion is on the floor is to let the public and the applicant know that both option one and option two are acceptable to the Board. The Magistrate gave the Board two options and the applicant is particularly interested in whether or not option two is acceptable. The motion provides that option two is acceptable to the Board and what option two states is that they have to come back with an Ag PUD and the Ag PUD that comes back before the Board should conform to the conditions outlined. Commissioner Craft was in agreement B. COUNTY ATTORNEY Resolution No. 09-172 — Cortez Boulevard Project — St. Lucie County Economic Stimulus Project Heather Luke, Assistant County Attorney gave the Board a history of this project. The Board approved staff recommendation to approve Resolution No. 09-172 and gave permission for the Chair to sign. PUBLIC COMMENT There was no public comment. It was moved by Commissioner Grande and seconded by Commissioner Craft to approve Resolution No. 09-172 — Cortez Boulevard Project — St. Lucie County Economic Stimulus Project and upon roll call motion carried unanimously. 14 C. COUNTY ATTORNEY THIS ITEM WAS PULLED Resolution No. 09-174 — Central Services Projects — St. Lucie County Economic Stimulus Projects The Board approved staff recommendation to approve Resolution No. 09-174. D. COUNTY ATTORNEY THIS ITEM WAS PULLED Resolution No. 09-175 — Central Services Projects — St. Lucie County Economic Stimulus Projects The Board approved staff recommendation to approve Resolution No. 09-175. E. COUNTY ATTORNEY Ordinance No. 09-014 — Amending Animal Registration Ordinance to add Seller Registration Requirement Heather Young, Assistant County Attorney stated that Ordinance No. 09-014 would amend the County's animal registration ordinance to add a registration requirement for pet sellers. Currently there is currently a requirement for registration for breeders, The proposed definition for pet seller would provide registration requirements for persons other than non profits or registered breeders who are offering for sale one or more animals. The Board approved staff recommendation to adopt Ordinance No. 09-014 as drafted PUBLIC COMMENT There was no public comment. It was moved by Commissioner Grande and seconded by Commissioner Coward to approve Ordinance No. 09-014 — Amending Animal Registration Ordinance to add Seller Registration Requirement and upon roll call motion carried unanimously. F. GROWTH MANAGEMENT Reconsider the petition of Barol LLC for a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the Minor Site Plan for the access road (North FFA Road) for the project known as "Horseshoe Grove." Mark Satterlee, Growth Management Director stated that this item was a re -consideration of an action that the Board took back in March, 2009 where the Board denied an external road paving waiver. At the subsequent meeting of March 10, 2009, the Board reconsidered at the advice of the Attorney. Horseshoe Groves is a 7 lot subdivision minor site plan on approximately 40 acres on North FFA Road. The Developer had originally requested that the Board waive the paving requirement and the required fair share contribution for FFA Road. Subsequent to that they have recognized that the Board is interested in having a fair share contribution to FFA Road. They provided some calculations but they were found the calculations to be non -responsive since they did not utilize the correct calculation procedures that the County used. The proposed development is considered a small traffic generator and the Board can grant the paving waiver requests on condition that the developer contribute the fair share amount to pave North FFA Road pursuant to section 70507 and the funds be held in escrow by the County for 10 years and only be used for the design and construction of North FFA Road accessing a development. The estimated cost to pave all of FFA Road to the North side of the subject property is 1.5 million dollars. The Engineering Division analysis for the appropriate fair share contribution for Horseshoe Grove on North FFA Road is approximately $205,638. He provided an areal to the Board showing the location of the site. Commissioner Craft asked if the cost of a yes vote would be minus the $205,638 or in addition to. 15 The County Engineer stated that if the County was to move forward with an MSBU for this project the funds contributed by the Horseshoe Grove would be considered in the calculation and when the methodology the plus or minus calculation would take affect and if they over contributed they would be reimbursed funds. Commissioner Coward asked if the provision for the road to be improved within a 10 year time frame was the language specifically in the codes. The County Attorney stated that it is in the Codes and it states a period not to exceed 10 years Commissioner Coward asked if the $205,638 was and average of three methodologies. The County Engineer stated that this was correct Commissioner Coward asked if this is typically how a fair share contribution is based by averaging the three methodologies. The County Engineer stated that often times the three methodologies used which would be the trips, driveways and road frontage will gravitate to a single value. In this particular case, largely because the road frontage was deviated. If you look at the property the opposite side of Horseshoe Grove is all turnpike. The full frontage then is attributed to their property and they pay for double. The number came out to be $378,000 which is much higher than the other calculations. He stated that the process used when the numbers are widely ranging they average the three together. Each case is a case by case basis. Commissioner Coward asked if the mile estimate was from the length of road from Orange Avenue to the north end of the property. The County Engineer stated that was correct. Commissioner Coward asked what the length of this property was. Commissioner Craft asked if the 10 year time frame run with the yes vote for the MSBU The County Attorney stated that the yes vote for the MSBU is just a suggested condition. He stated that there is nothing in the ordinance that talks about the time period. Ron Harris, County surveyor stated that the front footage is 2000. Commissioner Coward stated that this would be about 35% of the mile. The County Engineer stated that the initial figure calculated for the road frontage contribution would be $378,000. Commissioner Coward stated that this was the highest estimate so it was averaged out to $205,000, He stated that the applicant is suggesting that their fair share contribution is $10,000. He stated that his concern would be is if they convert agricultural land to a residential development they would have to meet minimum code requirements and have a paved rode. He stated that while he is willing to entertain a fair share contribution on this, which at a minimum needs to be the $205,000, the Board needs to have further discussion about setting clear direction for staff about how to proceed in the future. He stated that his concern is if the MSBU goes forward there is a good chance this road will not get built at all and they will have another subdivision on a rural dirt road that creates all kinds of problems. He stated that the board needs to set a minimum standard and if the developers are wanting to convert this land they should be asked to make the minimum contribution to get the improvements in the ground. He stated that there still needed to be discussion on how to allow for a conversion to take place in agricultural areas. Commissioner Craft concurred with Commissioner Coward. He stated that they need to identify what the threshold would be in order for this to take place whether it is based on a number of trips, number of drive ways before they would actually require the road to be paved completely. He stated that he liked the yes vote for the MSBU. He stated that he had an issue with the upfront contribution. Commissioner Grande stated that they need to get rid of the 10 year requirement. What needs to be kept in mind is if the road is not paved the County will, on a weekly basis, be out there re -grading this road which is a cost to the taxpayers. 16 Commissioner Lewis stated grading of the road would be done on a routine basis whetherthere is one person on the road or no one on the road. She stated that there are not a whole lot homes out there now. She stated that it will probably never have an MSBU because one side of it is canal. Commissioner Coward stated that if an MSBU never happens the contribution would never be made by the developer. He stated that if the Board waives the requirement that they pave the road then the developer should be required to assemble the MSBU, know that it is viable and it's moving forward for them to be eligible for the waiver. He stated that the Board needs to give staff policy direction to go back and revisit this and come back with some real solutions Commissioner Craft concurred. Commissioner Dzadovsky concurred. He stated that he had an issue with building developments with dirt roads. He does not want to create a situation where the developer creates 7 lots and then 10 years down the road they are complaining to the Board about unpaved roads. He suggested moving forward with good quality growth management. Commissioner Coward asked staff to go through the Land Development Code and the actual provisions under which the Board should consider a waiver. He stated that he believed it was section 70507 sub -section B. He referenced page number 7-66 from the Board's packet. Under sub -section 2A, paving requirements and provisions shall be waived by the Board of County Commissioners following a public hearing if the Board determines the following: The Road paving is not essential to provide adequate access to the proposed development, which has not been determined. The road will be paved as a part of the County 5 year road program, which is not happening. The last standard is that the access does not have adequate right of way in which to construct. He stated that it does not meet any of the sub categories to even issue a waiver. He asked how staff determined that they were eligible for a waiver. The County Attorney stated that it is outlined in the small traffic generator section sub section A-1. Commissioner Grande stated that the waiver requires the payment of the fair share. The fair share has been calculated by the County as required. He stated that the only thing that he can see that may want to be considered at a future date is the 10 years. The County Attorney stated that this had been done many years ago. There was a concern that the County not hold the money forever. The impact fees at the time were held for 10 years. Commissioner Grande recommended that the County continue to collect the fair share as the waiver requires but eliminate the 10 year restriction knowing that there may be ongoing maintenance. Commissioner Craft stated that the funds had to be used for the paving of the road and not maintenance. Commissioner Lewis stated that she was not sure if eliminating the 10 year time frame served a purpose. Commissioner Craft stated that the second part of the resolution is the most important part of the staff recommendation, which is the requirement of a yes vote for the MSBU. He suggested establishing a threshold that requires the MSBU to actually move forward. Commissioner Coward referenced subsection 4 which states paving requirements are established to ensure that adequate road improvements are provided to adequately serve the development. He stated that the scenario that had been laid out under the fair share contribution does not achieve the goal. He referenced option 2 which is a paving option which would actually require the developer to actually go in and make the improvements along their property line now. He stated that he is not comfortable with what is being proposed. Commissioner Craft asked if the Board had the ability to put in a condition that outlined that if the County were to change the threshold rules they would then have to participate if an MSBU comes forward and was generated by the County. He asked if they could exempt out. The County Attorney stated that if the County created the MSBU and they benefited from it they would be required to be included in a Special Assessment district. 17 Commissioner Lewis stated that she was not sure that 7 units create a need for a paved road. She stated that she felt there was a great possibility that you would not have an MSBU unless it is initiated by the County. Johnathan Ferguson stated that his understanding is that the Board was to make a determination what was a fair and equitable fair share contribution. The Board approved staff recommendation to adopt Draft Resolution No. 09-094 approving the request to waive the requirement to pave North FFA Road subject to payment of a fair share contribution and required individual lot owners to be a "yes" vote in a MSBU to pave the road should one be established. PUBLIC COMMENT Johnathan Ferguson stated that his understanding is that the Board was to make a determination what was a fair and equitable fair share contribution. He stated that he felt the waiver was a given and that they were arguing dollars and cents and how best to arrive at that number. He outlined the history of the Property with the Board. He stated that he concurred with Commissioner Craft's observation that agreeing to the MSBU gets you to the same point. They would pay the fair share contribution at the time the road is paved. Commissioner Coward stated if it gets paved. Johnathan Ferguson stated that if it does not get paved they would get the money back. Commissioner Coward stated that he was not suggesting that past practices should be continued. He stated that he has been fighting this battle for many years and the bar needs to be raised. He stated that there was language for a paving option. The guarantee is that the applicant's fair share contribution gets put in the ground and made. Johnathan Ferguson stated that paving 1000 feet is not cost effective for 7 lots. He stated that if the Board wants to change the rules going forward as to conversion of Ag land and what needs to be paved and what does not need to be paved that is the Board's prerogative. Commissioner Grande stated that what Commissioner Coward has outlined so far is according to the current rules. He stated that it could be looked at as changing the practice. Commissioner Coward stated that you have to consider the general welfare of the community. He stated that past practices have not benefited the community itself. Johnathan Ferguson stated that what staff is proposing is not fair and equitable. Commissioner Craft asked what the cost was to start the process of an MSBU. The County Engineer stated that it takes a great deal of staff time just to determine the methodology to proceed with. Commissioner Craft asked if $50,000 would cover the cost of setting up and implementing an MSBU The County Engineer stated that $50,000 would allow staff to do an analysis to determine the methodology to use for the assessment and establish preliminary plans under construction. Commissioner Dzadovsky asked which methodology was problematic to the applicant. Johnathan Ferguson stated that they are all problematic because they assume that the only people who benefit by paving the road are the people who front the road. He stated this is not a dead end road and serves a greater public purpose other than the lots fronting it. Commissioner Coward stated that all this proposal does is allows for the applicantto receive site plan approval but it doesn't make a contribution that is tangible to build the road. Paving requirements are established to ensure that adequate road improvements are provided. Commissioner Craft asked what the applicant -would be willing to pay for a non refundable contribution to the County. 18 Johnathan Ferguson stated they would be willing to contribute $20,000 towards any planning effort. Commissioner Lewis stated that she did not feel that an MSBU in this area would be likely to succeed. Commissioner Coward stated that staff has determined that the appropriate amount is $205,638.00. Commissioner Lewis stated that according to code the funding sits there for 10 years and returns if an MSBU ever arises. Commissioner Grande stated he did not believe that 10 years from now the County will be operating under the same set of rules. Commissioner Craft stated that the intent of the code is to see to it that the road is either paved or the County has the funding to pave the road. He stated that he was not comfortable asking the applicant to make a $200,000 non refundable commitment for that at this time unless they could guarantee that the road would be paved in a certain amount of time. He stated that he would be comfortable moving forward with a $50,000 non refundable contribution with the requirement that each of the property owners are required to participate in an MSBU as it moves forward. Commissioner Lewis asked if Commissioner Craft was looking at restricting the use of the funds. Commissioner Craft stated only towards the seed money for the MSBU Commissioner Grande stated that if he understands staff correctly none of the $50,000 would actually be thereto pave the road. It would cost more than $50,000 to put together the MSBU with the design. Commissioner Coward stated that if we recognize this as an area in transition and try to incorporate this area into the western land area study then let's get the amount that is recommended by Staff to pay for their fair share. Commissioner Dzadovsky asked for the three methodologies used Commissioner Coward stated $97,000 per trip, $378,000 and 140,000 The County Engineer stated that the applicant is using the proportionate fair share for concurrency which is not appropriate in this case. He stated that in the event an MSBU is created and a methodology is derived an assessment value would be determined for each benefiting party. If the contribution that is made is greater than the determined assessment value they would recoup the difference of funds and if it is not enough they would pay more. Johnathan Ferguson stated that these parties can not pay more than anyone else that is benefiting. Commissioner Coward stated that he suspects the final cost will be at or higher than the contribution amount. Commissioner Dzadovsky stated that he felt it was reasonable that a fair share contribution based on the methodologies is where the Board should be headed. Currently they are looking at 7 driveways and the $140,809 under option 2 is a fair share contribution. He stated that this would be his recommendation and work out the details with the future western rural lands strategy. He stated that the current rules need to be amended. Commissioner Grande asked if the $140,000 would be money they put up now with no 10 year requirement against what they pay for the MSBU. Commissioner Dzadovsky asked if it would be possible to do a bond up front. The County Attorney stated that if they were going to pave their access the code does allow that to be bonded. He stated that he did not feel that the 10 year requirement could be waived based on how the fair share requirement is drafted. Commissioner Dzadovsky asked if the applicant would be willing to put the $140,000 up front without the 10 year limitation. Johnathan Ferguson stated no. 19 Commissioner Coward stated that the development scenario that Mr. Ferguson laid out that occurred in 2005/2006 with the 1.5 million dollar contribution that this developer was willing to make for 80 units would have worked out to a per lot contribution of $18,750. If this is multiplied by what is being proposed under the 7 lot subdivision it works out to $131,250. It was moved by Commissioner Coward and seconded by Commissioner Grande to approve staff recommendation to adopt Draft Resolution No. 09-094 approving the request to waive the requirement to pave North FFA Road subject to payment of a fair share contribution and required individual lot owners to be a "yes" vote in a MSBU to pave the road should one be established, and upon roll call the was follows: Ayes Coward, Grande and Dzadovsky; Nays Craft and Lewis Motion carried by a vote of 3 to 2. G. GROWTH MANAGEMENT Reconsider the petition of Barol LLC for a waiver from paving the internal road for the Minor Site Plan for the project known as "Horseshoe Grove." The Board approved staff recommendation to adopt Draft Resolution No. 09-095 denying the requested waiver of paving the internal road. The Growth Management Director stated that this was another reconsideration of an action that the Board took on March 3, 2009. He stated that the code is silent on this waiver and there is no option to waive it. Commissioner Dzadovsky stated that he was not willing to approve any future developments with unpaved roads. PUBLIC COMMENT Johnathan Ferguson stated that this was an internal road that serves 1 lot and is a driveway. Commissioner Craft asked if this was a driveway or a road. Johnathan Ferguson stated that it would serve 1 lot and would essentially be a driveway. On the plat it would be a right of way. The County Engineer stated that the property shown on the site plan has its own property record number and would be identified separately from the adjoining property and would be right of way. It could be extended. Commissioner Coward stated that they need to uphold minimum standards and shift the discussion away from what is most cost effective for the developers and what was most cost effective for St. Lucie County. Commissioner Craft stated that any suggestions that he had made were to make sure that funding was there when and if the road was ever built. He stated that he did not feel that the road would be built in 10 years. It was moved by Commissioner Dzadovsky and seconded by Commissioner Coward to adopt Draft Resolution No. 09-095 denying the requested waiver of paving the internal road and upon roll call motion carried unanimously. H. GROWTH MANAGEMENT Resolution No. 09-038 granting WCA of St. Lucie, LLC for a Major Adjustment to an Approved Conditional Use Permit. The Board approved staff recommendation to approve Resolution No. 09-068 granting WCA of St. Lucie, LLC a Major Adjustment to an Approved Conditional Use Permit. PUBLIC COMMENT There was no public comment 20 It was moved by Commissioner Coward and seconded by Commissioner Craft to approve Resolution No. 09-068 granting WCA of St. Lucie, LLC a Major Adjustment to an Approved Conditional Use Permit and upon roll call motion carried unanimously. REGULAR AGENDA VIII. GROWTH MANAGEMENT Major Adjustment to a Site Plan Project to be known as WCA of St. Lucie Recycling Yard The Board approved staff recommendation to approve Resolution No. 09-071 granting a Major Adjustment to a Site Plan project to be known as WCA of St. Lucie Recycling Yard. It was moved by Commissioner Coward and seconded by Commissioner Craft to approve Resolution No. 09- 071 granting a Major Adjustment to a Site Plan project to be known as WCA of St. Lucie Recycling Yard. IX. COUNTY ATTORNEY Resolution No. 09-103 — Amending Animal Registration Fee Schedule This item was heard in conjunction with item VII E The Board approved staff recommendation to adopt proposed Resolution No. 09-103, as drafted. It was moved by Commissioner Grande and seconded by Commissioner Craft to adopt proposed Resolution No. 09-103, as drafted and upon roll call motion carried unanimously. X. COUNTY ATTORNEY 1903 Edwards, Fort Pierce, FL — Unsightly and Unsanitary Conditions The Board approved staff recommendation to authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. It was moved by Commissioner Craft and seconded by Commissioner Grande to approve staff recommendation and upon roll call motion carried unanimously. There being no further business the meeting was adjourned at 11:20 p.m. Chairman, Board County Commissioners Clerk Circuit Court 21 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 23, 2009 Convened: 9:00 a.m. Adjourned: 10:05 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Joseph E. Smith, Clerk of the Circuit Court, Carl Holeva, Human Resources, Diana Lewis, Airport Director, Jim David, Mosquito Control Director, Marie Gouin, OMB Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 16, 2009 meeting. (This item was pulled; the minutes will be presented for approval at the next meeting.) IV. PROCLAMATIONS/PRESENTATIONS A. Presentation on the Annual Review of Workforce Solutions by Gwenda Thompson, President/CEO V. GENERAL PUBLIC COMMENT Mr. George Jones, Indian River Lagoon Keeper, addressed the Board and requested the continue to pay close attention to the water issues concerning the Lagoon. He advised the issues with the C-23 and C-24 canals have been pushed back and he will sending a letter to the South Florida Water Management District inquiring why this had happened. Com. Coward requested an accounting from the District as to how they spend tax payer's dollars and how much of these tax dollars are put back into the county. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 38 The Board approved Warrant List No. 38. B. COUNTY ATTORNEY Authorization to enter into an Impact Fee Payment Agreement with Violet Trajeuski & Zoran Bezanoski for delinquent Impact Fees pursuant to Resolution No. 09-114. ST. LUCIE COUNTY - BOARD PAGE; 06/19/09 FZABWARR FUND 001 001188 001419 001434 001436 001501 001505 001821 101 101002 101003 101004 102 102809 107 107002 107003 107005 107006 107204 109 121 130 140 140001 140135 140306 140335 140360 160 183 183001 1.83004 185009 189201 310002 316 401 418 .451 461 471 491 505 606 611 616 625 TITLE WARRANT LIST #38- 13-JUN-2009 TO 19-JUN-2009 FUND SUMMARY J EXPENSES 16S,750.72 3.32 9,074.02 7.90 727.56 677.15 71.35 12,646.11 457.74 56, 627.11 4, 442.88 2,064.70 54,97.6.39 2,267.50 26,057.48 2, 864.10 4, 895.55 8, 627.7S 31, 828.80 371.52 35.00 97.24 619.20 3,`292.09 17.00 192,843.55 29, 559. 38 10,149..66 66,097.47 '87,296.51 2,370.91 180.00 325.33 7,962.30 1, 871.45 98,129.41 2,,,837.00 29,232.56 28,,665.71 1, 358.40 24,.506.32 3,643.43 115.68 246,;939.44 100,000.00 19,215.36 1,000.00 189.06 PAYROLL 30,081.25 0.00 0.00 0.00 0.00 0.00 0.00. .0.00 -00 0 -0 0 0j. 00 0.00 0.;00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0:00. 0.00 0.00 0.00 0.0.0 0.00 fl,00 0.00 0.0.0 0.00 0.00 000 0.00 0.o0 0.00 0,.00 0.0.0 0.`00 0,.00 0.100 0.00 0:00 1, 633.70 0.00 0.00 0.00 .00 The Board approved the attached Impact Fee Payment Agreement with Violet Trajeuski & Zoran Bezanoski and authorized signing the Agreement as drafted by the County Attorney's Office. 2. Authorization to enter into an ;mpact Fee Payment Agreement with Angela and Kemas Nkemakolam for delinquent Impact Fees pursuant to Resolution No. 09- 114. The Board approved the attached Impact Fee Payment Agreement with Angela and Kemas Nkemakolam and authorized signing the Agreement as drafted by the County Attorney's Office. 3. Authorization to enter into an Impact Fee Payment Agreement with Edwin and Patricia Mason for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Edwin and Patricia Mason and authorized signing the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED 4. Permission to Advertise Public Hearing — Resolution No. 09-184 — Lawnwood Baseball Bathroom Project — St. Lucie County Economic Stimulus Projects The Board approved advertising proposed Resolution No. 09-184 for public hearing before the Board of County Commissioners on July 7, 2009, at 6:00 p.m. or as soon thereafter as may be heard. 5. Permission to Advertise Public Hearing — Resolution No. 09-188 — Courthouse Annex Phase 1-A Project — St. Lucie County Economic Stimulus Projects. The Board approved advertising proposed Resolution No. 09-188 for public hearing before the Board of County Commissioners on July 7, 2009, at 6:00 p.m. or as soon thereafter as may be heard. 6. Permission to Advertise Public Hearing — Resolution No. 09-189 — State Attorney's Office A/C Maintenance Project — St. Lucie County Economic Stimulus Projects The Board approved advertising proposed Resolution No. 09-189 for public hearing before the Board of County Commissioners on July 7, 2009, at 6:00 p.m. or as soon thereafter as may be heard. Sustainable Resources International, Inc. — First Amendment to Lease Agreement The Board approved the proposed First Amendment to the Lease Agreement with Sustainable Resources International, Inc., and authorized the Chair to sign the First Amendment. 8. Budget Amendment #BA-09-027 — Requesting the transfer of $35,000 from Contingency Account #001-9910-599100-800 to Professional Services Account #001-1410-531000-100. The Board approved the transfer of $35,000 from Contingency to professional Services as requested. 9. Permission to Advertise Public Hearing — Resolution No. 09-195 — Martin Luther King/Dreamland Park Bathroom Project — St. Lucie County Economic Stimulus Projects The Board approved advertising proposed Resolution No. 09-195 for public hearing before the Board of County Commissioners on July 7, 2009, at 6:00 p.m. or as soon thereafter as may be heard. C. HUMAN RESOURCES 1. Prison Health Services Inmate Health Care Invoice, second quarter FY08-09. 2 The Board approved payment of Prison Health Services invoice number PHS0005847 for the second quarter period of January 1, 2009 to March 31, 2009 in the amount of $445,803.61 Prison Health Services Inmate Health Care Invoice FY-07/08. The Board approved payment of Prison Health Services invoice number PHS0005578 for period of October 1, 2007 to September 30, 2008 in the amount of $113,582.66. Com. Dzadovsky addressed the inmate medical expense and stated he does not wish to continue to pay two to three times more than other jails in the state. He requested staff look for alternative ways to provide medical to the inmates rather than send them to the hospitals who refuse to work with us in providing the Medicaid rate rather than what they are presently charging. He questioned if this issue could be put out for bid. Com. Craft advised the Board that a Bill is presently being presented by Congressman Hastings and he will inquire with his office as to where the Bill stands today. Com. Grande advised the Board of a court case in progress regarding a Sheriff Department who paid the hospital the Medicaid rate and the hospital is challenging this payment. The County Administrator advised the Board she would take a look at this issue and review the present contract with Prison Health and also confer with the County Attorney on this issue. C. HUMAN RESOURCES CONTINUED 3. Reclassification of Economic & Tourism Development Manager position to Economic Sustainability Coordinator The Board approved the reclassification of the Economic & Tourism Development Manager to that of Economic Sustainability Coordinator. D. AIRPORT 1. Disadvantaged Business Enterprise (DBE) Plan for Fiscal Year (FY) 2010 The Board approved adoption of Resolution No. 09-194 approving the DBE Plan and authorized Airport staff to transmit the plan to the FAA Civil Rights Office, advertise the 3.09% goal to receive public comments, and authorized the Chair to sign the document as approved by the County Attomey. 2. Cancellation of contract for roof replacement The Board approved the cancellation of Contract No. C09-01-044/Purchase Order No. P2911640 with David Greenlaw Construction. E. ADMINISTRATION 1. Value Adjustment Board Budget Amendment for Professional Services The Board approved Budget Amendment 09-026 transferring $10,000 form Contingency (001-9910-599100-800) to Value Adjustment Board Professional Services (001-1325-531000-100). 2. Resolution No. 09-196 Grand Bahama Island Ad Hoc Committee The Board approved Resolution No. 09-196 for the creation of an Ad Hoc Committee for the St. Lucie County /Grand Bahama Island Tourism and Economic Development partnership. F. PARKS AND RECREATION 3 Time extension of Florida Boating Improvement Program (FBIP) Grant for Summeriin Dock Renovation The Board approved Amendment #1 to Contract No. 07102 for the Florida Boating Improvement Program (FBIP) Grant Agreement extending the project completion date to August 15, 2009 and authorized the Chair to sign documents as approved by the County Attorney. 2. Budget Resolution 09-190, Summer Camp Scholarships The Board approved Budget Resolution 09-190, accepting $23,040 from the Ft. Pierce Redevelopment Agency for summer camp scholarship funds for the Lincoln Park Community Center. 3. Change Fund Increase for Sports and Athletics The Board approved increasing the change fund for the Sports and Athletics section from $800 to $1,000. G. MANAGEMENT AND BUDGET 1. Amendment to contract for County pest control services The Board approved the tenth amendment to contract C06-07-407 with Hulett Environmental Services adding the new Douglas M. Anderson Emergency Operations Center, deleting the Clerk of Courts office on Rhode Island Avenue, and extending the contract term through August 31, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 2. Amendment to contracts for the purchase and supply of bailing wire The Board approved the second amendment to contract C05-10-592 with Cavert Wire Co. and the third amendment to contract C05-10-601 with Granite Falls furnace extending both contracts through September 30, 2010 and authorized the Chair to sign documents as approved by the County Attorney. 3. Amendment to contract for the disposal of scrap.metal The Board approved the first amendment to contract C04-08458 with Trademark Metals Recycling Co., LLC extending the contract through August 23, 2012, and authorized the Chair to sign documents as approved by the County Attorney. Amendment to contract for the rental of uniforms and shop supplies The Board approved the first amendment to contract C06-07-364 with Aramark Uniform Services extending the contract through August 31, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 5. Funding for Special General Election The Board approved Budget Amendment No. 09-022 to provide funding for the Special General Election in the amount of $150,000. H. PUBLIC WORKS Verada Ditch Improvements North of Calmoso Drive The Board approved Change Order No. 1 in the amount of $36,338.62 and contract extension until July 7, 2009. 2. Request for Qualificaitons (RFQ) No. 09-040 — Construction Management Continuing Contract The Board approved the short-listed firms for the Construction Management Continuing Contract and permission to: 1. Conduct oral presentations with the short-listed firm: 2. Conduct contract negotiations with the successful short-listed firm; 4 3. If negotiations are successful, award contract to the successful short-listed firms and authorize the Chair to sign the documents as prepared by the County Attorney. I. AGRICULTURE Budget Resolution No. 09-182 Caribbean Conservation Corporation — Sea Turtle Grant Program The Board approved Budget Resolution No. 09-182 Caribbean Conservation Corporation - Sea Turtle Grant Program J. COMMUNITY SERVICES 1. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant Modification The Board approved Modification Number Four to the St. Lucie County CDBG DRI Grant 07-DB3V-10-66-01-Z04, and authorized the Chair to sign the modification as approved by the County Attorney. 2. St. Lucie County Housing Disaster Plan The Board approved the updated St. Lucie County Housing Disaster Plan. 3. U.S. Department of Agriculture (USDA) Rural Housing Service (RHS) Grant Application The Board approved the submission of the USDA RHS grant application, and authorized the Chair to sign necessary application documents as approved by the County Attorney. 4. Request to award RFQ 09-038 for the Transit Provider The Board approved and authorized awarding the contract to the highest ranked responder for transit services, Council on Aging of St. Lucie Inc. and authorized the Chair to sign the documents as prepared by the County Attorney. 5. Trip and Equipment Grant The Board approved accepting the Trip and Equipment grant agreement; approved Budget Resolution No. 09-192 and authorized the Chair to sign the documents prepared by the County Attorney. 6. Homebuyer Education and Housing Counseling The Board approved awarding RFP 09-027 to Building Affordable Communities and Housing Foundation, and authorized the Chair to sign the contracts as approved by the County Attorney. K. CENTRAL SERVICES Resolution No. 09-191, Second Street Parking Garage The Board approved Resolution No. 09-191 amending Resolution No. 08-313 to reserve an additional 55 employee spaces on the second floor of the County's parking garage, effective October 1, 2009 and a $50 annual fee for all reserved spaces and authorized the Chair to sign the resolution as prepared by the County Attorney. It was brought to the attention of the Board the Judges felt this was a safety issue for them and felt they should be exempt from the fee. It was the consensus of the Board to exempt the Judges from the annual fee. 2. Fourth Amendment to Work Authorization No. 14, Edlund Dritenbas Binkley Architects 5 The Board approved the Fourth Amendment to Work Authorization No. 14, Edlund Dritenbas Binkley Architects, continuing contract #C05-05-248, to provide professional services for the Courthouse Annex Renovation Phase I -A at a cost of $7,820, authorized the Chair to sign the Amendment as prepared by the County Attorney. K. CENTRAL SERVICES CONTINUED 3. Edlund Dritenbas Binkley Architects, Compensation for additive change orders The Board approved to compensate Edlund Dritenbas Binkley Architects $21,424.35 for approved additive change orders for the Downtown Chiller Plant, Clerk of Court Remodel and the Courthouse Annex Renovation projects. L. INVESTMENT FOR THE FUTURE Work authorization with TRC Worldwide Engineering, Green Collar Training Program The Board approved to proceed with the following: 1) a work authorization with TRC Worldwide Engineering in the amount of $42,000 for the Green Collar Training and Apprenticeship Program build -out at the Logistic Center, authorizing the Chair to sign the work authorization as prepared by the County Attorney. 2) To reallocate budgeted IFF funds in the amount of $50,000 for the Green Collar Training Program at the St. Lucie County Logistics Center. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. MANAGEMENT AND BUDGET Amendment to the fiscal year 2008-2009 budget Consider staff recommendation to approve Budget Resolution No. 09-177 amending the fiscal year 2008-2009 budget. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09- 177 amending the fiscal year 2008-2009 budget, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-193 - St. Luce County, Florida Improvement Refunding Revenue Note, Series 2009A Consider staff recommendation to adopt Resolution No. 09-193 and authorize the Chair to sign the Resolution. It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 09-193, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1, 2009. Consider staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2009. Com. Coward advised the Board the current formula allocation is close to the population levels. 1.1 It was moved by Com. Grande, seconded by Com. Dzadovsky to approve the annual redetermination set out in the memorandum and to direct the County Attorney to notify the Department of Revenue of the redetermination by July,1, 2009, and; upon roll call, motion carried unanimously. X. BOARD OF COUNTY COMMISSIONERS The Commission provided updates on the various Boards/Committees Com. Coward requested the ratification of his appointment to the Harbor Advisory Committee, Mr. George Jones. It was moved by Com. Craft, seconded by Com. Grande, to ratify this appointment, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL MEETING Date: June 30, 2009 Convened: 1:30 p.m. Adjourned: 1: 40 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Chris Craft, Charles Grande (absent) Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Christopher Steers, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Millie Delgado -Feliciano, Deputy Clerk PUBLIC HEARING UTILITIES Adoption of Resolution No. 09-197 authorizing a facility planning document titled "Application for American Recovery and Revinvestment Act of 2009 Funding, Facilities Plan for Drinking Water Projects" and providing for an effective date within the St. Lucie County Water and Sewer District. Consider staff recommendation to approve the adoption of Resolution No. 09-197. The Utilities Director gave a brief summary of the business plan and the costs. No public comments. It was moved by Com. Craft. seconded by Com. Coward, to approve Resolution No. 09- 197, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 06/26/09 FZABWARR FUND TITLE 001 - 001113 001164 001180 001184 001188 001194 001434 001436 001500 001501 001505 001506 001507 101 101001 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107003 107006 107204 107205 113 114 116 117 119 123 127 128 130 130207 130208 136 138 140 140135 140335 140356 140357 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 20-JUN-2009 TO 26-JUN-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgr.an USDOJ Violence Against Women Grant US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Us Dept of Health Earned Income Tax USDA NRCS Tropical Storm Fay Damage Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FDOT Fized Route Grant FCTD TRIP 08/09 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update FDOT Acquire 29 Acres EXPENSES 201,554.69 298,301.48 14,468.83 8, 674 .00 42,256.44 10,609.22 3, 680.16 65.19 1,554.92 238.46 13,967.69 3,194.06 2,770.94 3, 016, 745. 04 407,282.32 83.43 21,591.27 5, 931.48 9,789.17 20,161.55 6,433.34 2,820.77 19,855.20 259,820.62 86.54 3,197.60 2,276.18 8, 670.29 108.49 189.16 235.38 513.70 574.07 142.96 888.52 362.52 373.54 499.55 811.56 17,960.73 3,327.82 1, 745.74 257.06 847,626.66 6, 692.82 352.25 9,319.25 902,000.00 PAGE PAYROLL 573, 407 .59 0.00 0.00 0.00 1,242.40 10,324.80 266.27 879.78 1,102.40 0.00 1,386.80 0.00 0.00 0.00 58,200.18 1,090.64 47, 667.55 22,518.38 18,040.17 0.00 77,964.06 5,430.59 0.00 141, 977.12 1,113.60 1, 113.60 0.00 8,736.95 1, 507.10 2,076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,176.18 0.00 0.00 0.00 0.00 14,841.82 0.00 0.00 0.00 0.00 06/26/09 FZABWARR FUND TITLE 140358 140359 150 160 183 183001 183004 184205 184209 184212 185009 189201 310002 316 316001 318 401 418 451 458 461 471 478 479 491 505 505001 611 625 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 20-JUN-2009 TO 26-JUN-2009 FUND SUMMARY FDOT Update Master Drainage Plan FDOT Environmental Mitigation Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection Fort Pierce IMP Implementation FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla Impact Fees -Parks County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES 7,165.96 9, 644 .44 115.00 6, 174 .96 14,396.68 300.00 395.38 313.98 26,548.32 16,284.56 13,403.15 37,057.05 505.00 4,635.00 75.00 7,714.36 43,516.96 9, 950.03 315.80 39.61 19,022.57 40,563.10 803.95 118.02 2,792.62 533,273.93 1,360.16 11,643.77 5,869.30 15,654.14 223,625.33 7,233,340.79 PAGE PAYROLL 0.00 0.00 1,523.20 4,015.16 3,009.49 0.00 5,404.72 0.00 0.00 0.00 2,060.48 2,948.80 0.00 0.00 0.00 0.00 58,010.97 20,633.59 3,373.48 535.67 19,005.26 7,882.21 1,316.89 1,586.28 33,425.61 2,658.00 0.00 1, 905.77 0.00 0.00 0.00 1, 162, 359. 56 07/02/09 FZABWARR FUND TITLE 001 001184 001188 001194 001413 001419 001434 001436 001501 001505 101 101001 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107003 107006 107204 107205 ill 112 120 122 126 129 130 130204 130208 139 140 140001 140135 140355 150 160 183 183001 183004 183006 184205 185009 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 27-JUN-2009 TO 02-JUL-2009 FUND SUMMARY General Fund CDBG 07 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FL Dept. Of Transp Park & Ride FDCA-Construct County EOC Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU FDOT - Intermodal Facility Grant FCTD TRIP 08/09 Palm Grove Fund Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 Security Fencing Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP 2007/2008 EXPENSES 3, 037, 765. 90 122.38 2,154.13 26.23 750.00 29, 952.38 239.91 1,324.00 273.20 5,405.18 10,872.12 208.00 25,661.65 16,598.62 12,073.58 1,175.00 15,835.19 6,532.23 983.60 3, 704, 097 .53 10,895.77 50,264.29 47,948.76 3,385.20 482.66 408.96 2,817.78 600.56 177.61 1,023.03 123.76 33.00 1,192.38 750.00 120,912.06 751.80 3,737.41 330.05 11,400.00 600.00 300.08 9,551.95 1,847.70 380.00 1,233.88 14,089.75 7,156.00 402.28 PAGE PAYROLL 1,296.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/02/09 FZABWARR FUND TITLE 189201 216 242 316 316001 316802 318 401 418 451 458 461 471 478 479 491 505 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 27-JUN-2009 TO 02-JUL-2009 FUND SUMMARY FHFC Hurricane Housing Recovery Pla County Capital I&S Port I&S Fund County Capital 5th Cent Fuel -Capital FIND Stan Blum Boat Ramp County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 2, 950.90 15,520.24 50,478.76 96, 654.94 1,680.00 3,116.65 3,817,948.00 130,835.37 12,332.79 56,017.13 105.49 28,251.36 320, 626.53 3,055.66 316.07 6,680.83 643.12 24,113.12 36,504.94 11, 772, 679. 45 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 0.00 0.00 2,930.46 AGENDA REQUEST ITEM NO. VI -B 1 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Jeff S. Reamer Sneed Road Culvert BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A DATE: July 7, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Jeff S. Reamer, authorize the Chair to execute the Agreement and direct Jeff S. Reamer to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: pC] APPROVED [ ] DENIED [ ] OTHER �l Approved 5-0 Faye W. Outlaw, MPA County Administrator [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: JM4 JoAnn Riley Review and Approvals [x] Road and Bridge: D-Q Don Pauley [x] Engineering: AA VP Mike Powley [x] Public Works: Don West [ ] Purchasing: PROPERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 7, 2009 SUBJECT: Revocable License Agreement Jeff S. Reamer Sneed Road Culvert - Canal 64 BACKGROUND: Nick Morse leases land from Jeff Reamer for his nursery on Sneed Road. Mr. Morse ran a 2-inch PVC conduit for a 12-gauge low volt wire in the County's culvert on Sneed Road. The 12-gauge low volt wire runs to a computer that turns the irrigation pumps on and off to water Mr. Morse's nursery. Mr. Morse shall maintain the 12-gauge low volt wire and any damage to the wire or replacement of the wire shall be the sole responsibility of Mr. Morse. RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Jeff S. Reamer, authorize the Chair to execute the Agreement and direct Jeff Reamer to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, AWW .a, '6Ann Riley Property Acquisition Division M CARLTON:ADAMS"RD _— l a i � o ' — 0 Z U� p - T -. I U J W j;H' 41�' A ``� Rji t�l,-�. i��� 4)}si r4�' �{�� ':g�g .Yi 3'f7 i 9�1' Janet Licausi From: John Frank Sent: Thursday, April 16, 2009 9:33 AM To: Janet Licausi Cc: Michael Powley; Donald Pauley; Craig Hauschild Subject: License agreement for Snapper Creek conduit through the Sneed Road culvert on canal 64. Attachments: lic agreement-001.pdf Janet, Attached is the information for the Snapper Creek conduit through the Sneed Road culvert on canal 64. Please let me know if you need anything further for the license agreement. I can be reached at 216-2589. John Frank, AICP, PE Senior Project Engineer St. Lucie County Engineering 772-462-2097 frank] a,stlucieco.org u noa_ ery rcCa dis vs. or,a�«r'to of fia n Cou ° r ""ff.ass Gar l -g + � �ntv t ima s a. r p,hip re- e to he tiand med:aE tC? r { o ( it ..2i, odics` 7t I r r 1 31 ail C' rii £ i. r�aS snail bf 1 r lif Pi' R e C i X a ti ,.,._ Gr vm;€ t., iF c6vethis v ,n r epsf. ncllzPv the .. , i.,.. by i r,;+ t_ m t,: 'I.; ;i,E _r„t,.,''3. http://www,paslc.org/S ntnew.asp?Cmd=SIZE&SelCmd=&Map W... Saint Lucie County, Florida Property Appraiser's - I apping Print Service N\cl y'V1v'SE 77 - - DI(- ` fZ3 1�'tG�C � S� ` er-�rec'�• Q�� C.,OJ04 Map Legend: '��IRt6.�sTafdS' s fdGRoods: Major: Roads` 1 . i�lion �2Q+=Ac�as f �'F�areeEs; Q �en'd $ales Map Compiled On: 4/16/2009 8:44:01 AM Jeff Furst CFA Property Appraiser 1 of 1 4/16/2009 8:59 AM This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and Jeff S. Reamer, whose address is 12950 NW 1131h Court, Miami, FL 33178 ("Owner"). WHEREAS, the Owner owns the property described as follows: LOCATION: Sneed Road TAX I.D. 2209-411-0002-000/3 WHEREAS, the Owner has installed a 2 inch PVC conduit for a 12 gauge low volt wire that is hooked up to a computer to open and close the irrigation valves. This 2 inch PVC conduit runs through a County owned culvert at Canal 64. WHEREAS, the County is willing to permit the Owner to keep and maintain the 2 inch PVC conduit in the County's culvert subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant the Owner a Revocable License Agreement for the purpose of providing water to his nursery. The water is controlled by a computer that turns the valves on/off. The computer is powered by a 12 gauge low volt wire in a 2 inch PVC conduit which will encroach the entire length of the culvert. This license shall extend only to the above -referenced 2 inch PVC conduit and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this License Agreement is to allow the Owner a means of providing water to his nursery. 3. Pursuant to the terms and conditions contained in this Revocable License Agreement, the County authorizes the Owner to keep and maintain the PVC conduit which contains the 12 gauge low volt wire in the Canal 64 culvert. Any damage caused by this PVC conduit or it's contents will be the responsibility of the applicant to repair. 4. If any repairs are required they must be in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. The Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the 2 inch PVC conduit located in the culvert, at the Owner's sole expense. However, if such alteration.is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the encroachment, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned PVC conduit as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced encroachment, at any time and at no cost to the County, if necessary for the maintenance or improvements of the culvert or Sneed Road by the County. 10. The PVC conduit containing the 12 gauge low voltage wire to the computer to turn the valves on and off, shall be constructed and installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the encroachment for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Jeff S. Reamer 12950 NW 113' Ct. Miami, FL 333178 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS: Wilzrss Witness STATE OF FLORIDA COUNTY OF M ICZCU M de - ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY The foregoing instrument was acknowledged before me this Z' ' day of TJ K 2009, by JEFF S. REAMER who produced (type of identification) and who did take an WITNESS my hand and official seal, this '2-CO- da Notary Public Stamp MARISOL BENAVIDES ,ro*nY�PLk�� Notary Public - State of Florida My Commission Expires Feb 20, 2011 Commission # DD 642521 Bonded Through National Notary Assn. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: July 7, 2009 REGULAR[] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 09-025 - Amending Section 11.05.11(A)(2) of the Land Development Code - Requirement for Permit; Exemptions BACKGROUND: See CA No. 08-0783 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 09-025 for public hearings before the Local Planning Agency and the Board of County Commissioners. COMMISSION ACTION: CONCURRENCE: K APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: lC [ ]Management & Budget: [ )Purchasing: [] Road & Bridge.: [) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 09-0776 DATE: July 7, 2009 SUBJECT: Ordinance No. 09-025 - Amending Section 11.06.11(A)(2) of the Land Development Code - Requirement for Permit; Exemptions BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 09-025, which would amend the Land Development Code Sections regarding Mining Permits. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 09-025 for public hearings before the Local Planning Agency and the Board of County Commissioners. Respectfully submitted, 14�� Katherine Mackenzie -Smith Assistant County Attorney KMS/cb Attachment ORDINANCE NO. 09-025 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REVISE SECTION 11.05.11(A)(2) "REQUIREMENT FOR PERMIT; EXEMPTIONS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16, 1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20, 2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 Underlined passages are added. '1' 6#reelt#hrengh passages are deleted. 10 07-011 February 6, 2007 07-015 May 1, 2007 07-032 November 6, 2007 07-041 September 4, 2007 07-055 November 20, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 9, 2008 08-025 September 16, 2008 09-003 January 20, 2009 09-013 May 19, 2009 3. On , the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On , the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners the proposed ordinance. 4. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on , 2009 5. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on , 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is hereby amended to read as follows: 11.00.00 ADMINISTRATION AND ENFORCEMENT Sections 11.00.01 through Section 11.05.10 remain unchanged. Section 11.05.11 MINING PERMITS is hereby amended to read as follows: 11.05.11. Mining Permits. A. Requirement for Permit; Exemptions Except as provided in this Section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used in this Section, the terms "mining" and "excavation operation" include any operation that entails the excavation or removal of earth in excess of one hundred (100) Underlined passages are added. -2- Struel(#hrough passages are deleted. cubic yards from one (1) parcel of property to another area on the same parcel if a public road is used. 2. ;eeTThe following activities shall be exempt from the mining permit requirement provided that all applicable federal state and local permits and/or authorizations have been obtained: a. Removal of material for InstaRing installing utilities; or, b. Removal of material from a site for the construction or removal of +mailing foundations for any building or other structure_ of Genditienai Use Peffnit, Planned Unit Deveiepment Approval, of Building Peffnit; or, C. Removal of material for digging Digging drainage or mosquito control ditches and canals by authorized units and agencies of government; or, d. Removal of material for digging Digging drainage or mosquito control ditches and canals by private persons when construction is permitted by all authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; or, e. Removal of material Excayatng for accessory uses of land, such as parking lots, septic tanks, graves, etc., that are designed to be filled and graded upon completion of excavation; or Removal of material Excavating for a swimming pool when construction is permitted by all authorizing agencies. 9 Removal of material from a site, except phosphate, limestone heavy minerals, coquina, or Fuller's earth clay, from one acre or less at any one site in a given year, not to exceed five acres over the life. h. Removal of material for a site, except phosphate, limestone, heav minerals, coquina or Fuller's earth clay for any development authorized by maior site plan approval, conditional use permit planned unit development approval: however, the property owner shall submit the following for the County Engineer's approval: Underlined passages are added. -3- — el thrangk passages are deleted. 1. A sketch plan indicating the size shaRe and location of the proposed excavation; and 2. Set back of 25 feet from any adjacent property line. The remainder of Section 11.05.11 remains unchanged. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Underlined passages are added. -4- 3iruek-4hreugh passages are deleted. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of , 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Underlined passages are added. -5- ugh passages are deleted. Ir AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VI-B3 DATE: July 7, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [xx] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney Permission to Advertise - Ordinance No. 09-026 - Court Fees See attached memorandum RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 09-026 for public hearing before the Board of County Commissioners on August 18, 2009, at 6p.m. or as soon thereafter as may be heard. COMMISSION ACTION: jx] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management Q Budget�Purchasing: Daniel 5. McIntyre h or G uin i ,^ Originating Dept. Public Works Dir: County Eng.: Don W st Mike owley Finance: (Check for copy only, if applicable) Eff. 5/96 P INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C. A. NO.: 09-790 DATE: July 7, 2009 SUBJECT: Permission to Advertise Ordinance No. 09-026 - Court Fees ************************************************************************** BACKGROUND: House Bill 2108, signed by the Governor on June 18, 2009, amended Section 318.18, Florida Statutes, to allow the County to increase the surcharge for state court facilities from fifteen and 0/100 dollars ($15.00) to thirty and 0/100 dollars ($30.00). RECOMMENDATION/CONCLUSION : Staff requests permission to advertise Ordinance No. 09-026 for public hearing before the Board of County Commissioners on August 18, 2009, at 6 pm or as soon thereafter as may be heard. Respectfully submitted, Heather SperrazzdLu Assistant County Atto Attachment ORDINANCE NO. 09-026 AN ORDINANCE AMENDING SECTION 1-7-8 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY INCREASING THE SURCHARGE FOR STATE COURT FACILITIES FROM $15.00 to $30.00; PROVIDING FOR 5EVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, House Bill 2108, signed by the Governor on June 18, 20091, amended Section 318.18, Florida Statutes, to allow the County to increase the surcharge for state court facilities from fifteen and 0/100 dollars ($15.00) to thirty and 0/100 dollars ($30.00); WHEREAS, the Board has determined that the adoption of this Ordinance imposing an additional court cost is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-7-8. Imposition of surcharge for state court facilities. Pursuant to F.S. 5318.18(13)(a)(1), a court shall charge a surcharge of thirty dollars ($30.00) for any non -criminal traffic infraction in 5t. Lucie County pursuant to F.S. Ch. 318, or for criminal violations in St. Lucie County listed in F.S. 5318.17, to assist in the cost of providing and maintaining state court facilities in St. Lucie County. When assessed, the funds will be paid to the clerk. The clerk will forward to the board on a monthly basis, those costs collected pursuant to §318.18(13)(a)(1), for deposit of said funds into a special and separate account titled "Court Facilities Fund" as established in section 1-7- 9 of the Code. PART B. SEVERABILITY. If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. Etraek-#hrough portions are deleted. Underlined portions are added. 1 PART C. EFFECTIVE DATE. This ordinance shall become effective September 1, 2009. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts "B" through "F" shall not be cod if ied. PASSED AND DULY ADOPTED this 18th day of August, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair Struck-tHreegh portions are deleted. Underlined portions are added. 2 APPROVED AS TO FORM AND CORRECTNESS BY: Struck ;retigl-t portions are deleted. Underlined portions are added. County Attorney ti AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.),. County Attorney SUBJECT: Conservation Easement New Horizons of the Treasure Coast, Inc. Resolution No. 09-198 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum N/A ITEM NO. VI-84 DATE: July 7, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager September 2, 2008 - Board of County Commissioners approved Resolution No. 08-234 granting a Major Adjustment to a Major Site Plan. RECOMMENDATION: Staff recommends that the Board accept the Conservation Easement, authorize the Chair to sign Resolution No. 09-198 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: DQ APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: 'rv'i' JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: [ ] Public Works: [ ] Mosquito Control: [ ] Environmental: 5:\ACQ\WP\Conservation Easements\New He-izons\Agenda Reouest.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 7, 2009 SUBJECT: Conservation Easement New Horizons of the Treasure Coast, Inc. Resolution No. 09-198 BACKGROUND: On September 2, 2008, the Board of County Commissioners approved Resolution No. 08-234 granting a Major Adjustment to a Major Site Plan subject to conditions. Condition Number 4 states, prior to issuance of a Certificate of Occupancy, the applicant shall provide all required and executed St. Lucie County Conservation Easements for the two wetlands onsite and associated 50 foot buffers. We have attached the Conservation Easement executed by New Horizons of the Treasure Coast, Inc. along with the Preserve Area Management and Monitoring Plan, for your review and acceptance. We have also attached a Companion Report from the Environmental Resources Department. RECOMMENDATION: Staff recommends that the Board accept the Conservation Easement, authorize the Chair to sign Resolution No. 09-198 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, ,,A a .1 J Ann Riley Property Acquisition Manager 5:\ACQ\WP\Conservation Easements\New Horizons\Agenda Memo.wpd --r Fii... I I ! - - rAVUKITE Rp .---JU i O GLL. --- - -- I I� W I ' �------ Y O W d `--- Z W MIDWAY RD ftw 111"N"q COUNTY IF L O R I o A Report Environmental Resources Department Agenda Item Companion TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Resources Department DATE: June 24, 2009 SUBJECT: New Horizons of the Treasure Coast Conservation Easement Department Coordination Environmental Resources Department (ERD) worked closely with several departments within the county regarding this item including the County Attorney, Property Acquisitions, and Engineering. ERD Input ERD input has been included in the attached conservation easement package. Recommendations ERD recommends the Board of County Commissioners accept the proposed conservation easement, consistent with the condition of approval previously approved Resolution No. 08-234. f-1 S' at - 1 - Return recorded document to: W. Lee Dobbins, Esq. Dean, Mead, Minton & Zwemer 1903 South 25 h Street Suite 200 Fort Pierce, FL 34947 (772) 464-7700 ST. LUCIE COUNTY DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this 124 day of Jmne— , 2009, by NEW HORIZONS OF THE TREASURE COAST, INC., a Florida not -for -profit corporation ("Grantor") whose mailing address is 4500 West Midway Road, Fort Pierce, FL 34981 to St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property's; and WHEREAS, the Grantor is proposing the. development of a Children's Crisis Facility ("Project") on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and WHEREAS, the County approved the Major Site Plan for the Project pursuant to Resolution No. 08-234 ("Resolution'D; and WHEREAS, the Grantor is required to maintain, in perpetuity, that portion of the Property designated as preserve area ("Conservation Area') as more particularly described in Exhibit `B" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantor is required to maintain the Conservation Area in accordance with that certain Preserve Area Management and Monitoring Plan ("Management Plan"), attached hereto as Exhibit "C' ; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation Area. NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall 1 F0090206v2 run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall be maintained in the conditions required by the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future owners or occupants of the Property at the time of such entry; and b. To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity or use; and 3. Prohibited Uses. Except for exotic vegetation removal, replanting with appropriate native vegetation, vine control, trimming the vegetation along any walking path, removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolution or the Management Plan, the following activities are prohibited in or on the Conservation Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; FC090206v2 r f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule, criteria, permit and the intent and purposes of this Conservation Easement. Grantor shall obtain any required permits (including, but not limited to, vegetation removal permits) for such uses, including those listed below. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; ii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; 5. No Dedication. No right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Conservation Area. 7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than Conservation Areas that result from natural causes beyond Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm and earth movement. Should any Conservation Area be injured or changed from natural causes, including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided notice and a reasonable opportunity to restore the affected Conservation Area to a condition that satisfies the Management Plan requirements prior to the Grantee bringing any action for noncompliance with the Resolution or the Management Plan. 8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Conservation Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the F0090206v2 maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on real property. 9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Maintenance Obligations of Grantor. Grantor shall maintain in perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. The maintenance schedule should be so as to keep the Conservation Area ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation. 11. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 12. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 13. Terms and Restrictions. Grantor shall make reference to this Conservation Easement (i.e. by citing the Official Records Book and Page where it is recorded) in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 14. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in -interest. 15. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in St. Lucie County. 16, Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion 4 FOG902osv2 of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph 17. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terns of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 17. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 18. Water Management District Easement. Notwithstanding any provisions of this Easement to the contrary, the parties acknowledge and agree that this Easement is and shall remain subject and subordinate to the terms, covenants and conditions set forth in the Deed of Conservation Easement in favor of the South Florida Water Management District recorded in Official Records Book 3014, Page 286 of the Public Records of St. Lucie County, Florida. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. 5 F0090206V2 IN WITNESS WHEREOF, NEW HORIZ S OF THE TREASURE COAST, INC., has hereunto set its authorized hand this 1 a — day of r - 2009. Signed, sealed and delivered in our presence as witnesses: NEW HORIZONS OF THE TREASURE COAST, INC., a Florida non- fit corporation G7L ��-- By By: omano, Chief tecutive Officer Print Namec�;qr/./ z-ee ,J C) e Print e: STATE OF FLORIDA ) ss.. COUNTY OF ST LUCIE ) The foregoing instrument was acknowledged before me this/Aay of. , by John Romano, as Chief Executive Officer of NEW HORIZONS OF T� SU20RE09, COAST, INC., a Florida non-profit corporation, on its behalf, who is personally known to me, or who has produced as identification. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State Florida My commission expires: W3 ti - NANCY SWANSON A:_ Commission # DD 879233 Expires May 1, 2013 , �"`�a P Bwd Thu Troy Fain Ins wm Wa5-7019 F0090206v2 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, the owner and holder of a mortgage dated February 13, 2008, in the original principal amount of Five -Hundred Thousand and 00/100 Dollars ($500,000.00), given by New Horizons of the Treasure Coast, Inc., a Florida not -for -profit corporation ("Grantor") to the State of Florida Department of Children and Family Services ("Mortgagee"), encumbering the real property described on Exhibit "A" attached hereto ("Property"), which is recorded in Official Records Book 2951, at Page 632, (together with that certain UCC-1 Financing Statement recorded in Official Records Book 2951, at Page 629), all of the Public Records of St. Lucie County, Florida (said mortgage and UCC-1 Financing Statement, as modified, are hereinafter collectively referred to as the "Mortgage"), hereby joins in, consents to and subordinates the lien of its Mortgage, as it has been, and as it may be, modified, amended and assigned from time to time, to the foregoing Conservation Easement, executed by New Horizons of the Treasure Coast, Inc., a Florida not -for -profit corporation, in favor of St. Lucie County as said Conservation Easement may be modified, amended and assigned from time to time, with the intent that the Mortgage shall be subject and subordinate to the Conservation Easement. IN WITNESS WHEREOF, this Mortgagee Joinder, Consent and Subordination is made this 64- day of : 0 �i � , 2009. STATE OF FLORIDA DEPARTMENT OF CHILDREN FAMILY VICES By: Print Name: WITNESSES: By: r �. Print Name: By: �6k Print Name:_ F0089510v1 STATE OF FLORIDA COUNTY OF ST. LU CIE The foregoing instrument was acknowledged before me this 9-4-day of N , 2009, by L v rz L n ,-�' 67 AN as � � i rC�� � { A�n� of the STATE OF FLORIDA DEPARTMENT OF CHILDREN NDA FAMILY SERVICES. Said person (check one) N is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: 0 r, Linda S. Poston Commission # 00418260•Expires July 30, 2009 N-d Tmy FaN • �, pw. 7018 — 'Print Name: 1 % N iJW ��.h��SI F->/tj Notary Public, State of Florida Commission No.: P D 4f 1 S 2` My Commission Expires: 7 F0089510v1 EXHIBIT "A" LEGAL DESCRIPTION Lot 13 of the Northeast one -quarter of MODEL LAND COMPANY'S SUBDIVISION of Section 6, Township 36 South, Range 40 East, according to the map or plat thereof as recorded in Plat Book 4, Page 34, Public Records of St. Lucie County, Florida; EXCEPTING THEREFROM, all rights of way for drainage canals and public roads. Exhibit `B" DESCRIPTION BEING A PORTION OF LAND LYING IN LOT 13 OF THE NE 1/4 OF MODEL LAND COMPANY'S SUBDIVISION OF SECTION 6 TOWNSHIP 36 RANGE 40 AS RECORDED IN PLAT BOOK 4 PAGE 34 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 6, THENCE SOUTH 00'09'01" EAST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 6, A DISTANCE OF 1332.76 FEET TO A POINT ON THE CENTERLINE OF FAVORITE ROAD (AN UNIMPROVED ROAD AND WIDTH VARIES); THENCE SOUTH 89'57'52" WEST ALONG SAID CENTERLINE OF FAVORITE ROAD, A DISTANCE OF 989.56 FEET TO A POINT, THENCE DEPARTING SAID CENTERLINE, SOUTH 00'02'08" EAST, A DISTACE OF 25.00 FEET; THENCE SOUTH 00'07'41" EAST ALONG THE EAST LINE OF SAID LOT 13, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'07'41" EAST ALONG THE EAST LINE OF SAID LOT 13, A DISTANCE OF 520.97 FEET; THENCE SOUTH 89'52'19" WEST A DISTANCE OF 39.65 FEET; THENCE NORTH 34'31'23" WEST A DISTANCE OF 48.35 FEET; THENCE NORTH 61'05'42" WEST A DISTANCE OF 18.82 FEET; THENCE NORTH 36'41'18" WEST A DISTANCE OF 20.57 FEET, THENCE NORTH 46'58'04" WEST A DISTANCE OF 16.59 FEET; THENCE NORTH 77'20'38" WEST A DISTANCE OF 9.11 FEET; THENCE SOUTH 61'56'38" WEST A DISTANCE OF 7.76 FEET; THENCE SOUTH 60'35'23" WEST A DISTANCE OF 57.05 FEET; THENCE NORTH 76'16'52" WEST A DISTANCE OF 65.29 FEET; THENCE SOUTH 06'56'40" WEST A DISTANCE OF 8.77 FEET; THENCE SOUTH 44'36'53" WEST A DISTANCE OF 15.98 FEET; THENCE SOUTH 03'42'30" EAST A DISTANCE OF 45.16 FEET; THENCE SOUTH 40'08'44" WEST A DISTANCE OF 18.77 FEET; THENCE SOUTH 00'36'42" EAST A DISTANCE OF 15.95 FEET; THENCE SOUTH 35'02'16" WEST A DISTANCE OF 37.98 FEET; THENCE SOUTH 49'45'08" WEST A DISTANCE OF 65.27 FEET; THENCE NORTH 00'07'14" WEST ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 627.00 FEET; THENCE NORTH 89'57'52" EAST A DISTANCE OF 329.87 FEET TO THE POINT OF BEGINNING. CONTAINING 3.81 ACRES, MORE OR LESS. DE,StRIPTON of CONSERVATION EASEMENT Prepared Fer °.'/ HORIZONS — PHASE If File: C6-412 S&O.D'WG Date: 04-03-2008 REVISED 04-10-08 REY1-IZD: 04-30-09 Tech: RD CULPEPPER Sheet 1 of 2 TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 'HONE 772-464-3537 FAX 772-464-9497 www.Ct-eng.com STATE OF FLORIDA CERTIFICATION Nam_ IR 4?At, Exhibit "B" 0 50 100 GRAPHIC SCALE IN FEET SCALE 1' - 100' NOO'07'14"W SOO-36.42"E / 15,95' +S35-02.16"W 45.16' 18.77' S40'08'44'w 15.98� S44'36'53"W LOT 13 OF THE NE 1/4 OF MODEL LAND COMPANYS SUBDIVISION OF SEC. 6-36-40 (P.B. 4 PG. 34) 57.05'_ N36-41'18'W N34'31'23'W 48.35' 18.82' N61'O5'42'W S89'52'19'W 39.65' LEGEND U.E. - UTILITY EASEMENT RG - RANGE S - SECTION T - TOWNSHIP PG. - PAGE P.B. - PLAT BOOK O.R.B. - OFFICIAL RECORDS BOOK P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT PLS - PROFESSIONAL LAND SURVEYOR R\W - RIGHT-OF-WAY Pc - CENTERLINE t - PLUS OR MINUS RVL - SQUARE FEET COR. - CORNER R - RADIUS L - LENGTH A - DELTA C8 - CHORD BEARING SKETCH OF DESCRIPTION of CONSERVATION EASEMENT Prepared For NEW HORIZONS — PHASE 11 SKETCH TO ACCOMPANY DESCRIPTION THIS IS NOT A SURVEY WETLAND "A' 8.77' S06'56'4o"w 65.29' N76'16'52"W 7.76' S61'5638'W 9.11' N77 20'38"W 16.59, WETLAND N46'S8'04'w S00 07'41'E LOT 12 I I I I 627.00• —.. 5.00'— LESS—OUT RVATION ASEMENT CONTAINS OS3 81 ACRESMOREOR LESS LOT 14 520.97' EAST UNE OF 7HE SE 1 4 OF S. 6. ODaD a N ►M cau 6.w S%02'08'E 25.00' S00'07'41 "E 5.00' 00 I� n rn I rn I Iz J 3 N � In r` rn 0 a0 z N ��A P..O14 p.RC.. a 6. 36. IC;, M I SOO'09'01'E 16 . 1119 'w A Sheet 2 of 2 5 FIIe:06-412 S&D.DWGFCLULf-k_f'PER & TERPENING, INC Date• 04-03-2008SULTING ENGINEERS I LAND SURVEYORS REVISED 04-10-082980 SOUTH 25th STREET REVISED:04-30-0gFORT PIERCE, FLORIDA 34981 ONE 772-464-3537 FAX 772-464-9497 Tech: RD www.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 EXHIBIT "C" MANAGEMENT PLAN WP8 381,741,367v7 12112/2007 FC090206v2 St. Lucie County, Florida Preserve Area Management and Monitoring Plan April 2008 Pr !red !red for: Linda Wakefield New horizons of the Treasure Coast, Inc. 4500 West Midway Road Fort Pierce, FL 34981. Pre pared by: R-L. W eigt Environmental Consultants, Inc. 8985 S.E. Bridge Road Suite A ):_lobe Sound, FL 33455 (772) 546-6255 Fax (772) 546-2316 E-Mail: rlwenvGcomeast.net TABLE OF CONTENTS Section Description Pauf 1.00 INTRODUCTION TION.............................................. 1 2.00 EXISTING SITE VEGETATION ................................. } 3.00 DELINEATION OIL PRESERVE AREAS .......................... 4 4.00 SURVEY REQUIREMENTS ..................................... 4 4.01 Barricading Requirements ................................... 4 4.02 Prohibited Activities .................................... . . S 5.00 RESTORATION &. MAINTENANCE ACTIVITIES ................. 10 5.01 Exotic Species Removal .................................... 10 5.02 Revegctation......................................... 11 5.03 Retiioval of Plant Material ................................... 11. 6.00 MISCELLANEOUS PROVISIONS AND RES`I wc'rIONS ........... 14 6.01 Dust ................. I.......... 14 6.02 Noise ......................................... 14 6.03 Periodic Cleanup/Basic Site Restoration ........................ 14 6.04 Chemical, Fuel, and Other Hazardous Materials .................. 14 6.05 Construction Equipment ......... 7.00 MONITORING AND MAINTENANCE PLAN ...................... 15 7.01 Monitoring Set-ul:)......................................... 1.5 7.02 Vegetation Survey ......................................... 17 7.03 Panorimic Transect and Quadrat Photographs ................... 17 7.04 WiLdlif'e Utilization ........................................ 17 7.05 Hydrology ...... ....... ............... I............ 18 7.06 Exotic Plant Species .................. ...................... 1 C' 7.07 Monitoring Reports ........................................ 1 CS RL, #07-043.01 -i- 2 April 2008 LIST OF FIGURES Figure # llescri Aion Pate l of 9 Location Map ........ I ................... I ......... . 2 o1'9 Acriat Photograph ......................................... 3 3 of 9 Site i lan (redLICCCl cO :�) ......................... 5 4 oF9 Preserve Area Map ............................... I ......... 7 5 of 9 Fencing Details ........ I ......................... ...... 9 6 of 9 Preserve Sign Detail ......................................... 12 7 of 9 'l'ypical Upland Planting Plan Detail .............................. 8 ON I"ypical Wetland Planting flan Detail. ............................. 13 9 OF9 Monitoring Map ......................................... 16 LIST OF TABLES Table # DescriLtian Florida Exotic Pest Plant COLilcil'S Category 1 Invasive Exotic Species (2007) ............................... 19 NOTE;: This Report, together with file couccpts and design presented herein, as an instrument ol'service, is intended only for the specific purpose and Client liar which it was prepared. Reuse of and improper reliance on this Report without written nulhorization and adaptatiau by R.l.. Wcigt Environmental Cousultanls, Inc. shall be without liability to R.L. Weigl Environmental Collsultalrts, Iuc. RLW 1107-04 3.01 -ii- 2 April 2008 New horizons of the Treasure Coast Major Adjustment to Existing Coaaditional Use Permit Preserve Area Management and Monitoring Plan St. Lucie County, Florida The following Preserve Area Management and Nlouitoring Plan has been prepared by R.L. Weigt Environmental Consultants, Iue. acid is being provided to St. Lucie County in oa•der to satisfy the requirements set forth in Chapter 6.04.01. ol'the County's Land Development Code and per Comprehensive Plan Policy 8.1.12.8. 1.O0 INTRODUCTION The New Horizons of the Treasure Coast - Children's Crisis Center project site consists of +/-9.05 acres of land situated north of Midway Road (SR-712), west of Selvitz Road, and south of Favorite Road (Figures I and 2 of 9). The site is located in Section G, Township 365, Range 40E, St, Lucie County, Florida. R.L. Weigt Enviroranental Consultants, Inc. (RLW) has been retained to prepare this Preserve Area Management and Monitoring Plan (PAMMP) for tlae proposed on -site upland and wetland preserve areas. The following addresses delineation of the preserve areas, prohibited activities, and the monitoring and maintenance plan for the proposed preserve areas. 2.00 EXISTING STI'E VEGETATION Existing communities located within the project site include residential land dominated by a field of bahia grass; a pine flaitwoods community; Brazilian pepper; and two (2) Brazilian pepper dominated wetlands. RLW V07-043.01 Page 1 of 21 2 April 2007 v E VA BANCYELVQ t I� FT "`_ ��. Vfi�': NORTH r> PROSPERITY Dr, w NOT TO SCALE z - _ g } 3 'r �,_... ... .. RU „: DEVINF.Ul N270 22' 32" .Z zj Vtl800 22' 12" . � w w, [ z 712 _ 772 RE N G�Ai�CIIRR ALEC,T i d a 71. GREY TWIG LN K s 4 cl p� {F25xl -Cl{'i _ `'v RAitiBCib'iCR ¢ffi z 2 -C .�•L�PFOp t ` m Wes. ¢ c 1- t7 K6A'C7 .�.,, CANOE CREE pC)LLY C� GREGORY LN 9 .S RUGBY M TAMBAY AVE cT ' �,,•�—^---� C"`' ice"" ST. LUCIE COUNTY FLORIDA SEC. TWP. R. RL W JOB NO.: 07-043.01 IDESIGNEDBY: DRAWING NAME: 01 - LOCATION.DWG DATE: 31 MARCH 2O08 FIGURE: 1 OF 9 ti 36S 40E LATITUDE: N270 22' 32" LONGITUDE: W080- 22' 12" MAA DRAWN BY: MAA CHECKED BY: NEW HORIZONS - CHILDREN'S CRISIS CENTER R. L. WEIG T PRESERVE AREA MANAGEMENT ENVIRONMENTAL CONSULTANTS, INC. AND MONITORING PLAN 898S S.E. BRIDGE ROAD, SUITE A, HOBE SOUND, Ft. 33455 LOCATION MAP I PHONE: (772) 546-6255 FAX: (772) 546-L110 E-NIAIL rhvenv(r%comcmt.net NOT nsoe�I_v 0' 100' 200' 400' 800' SCALE: I" = 200' NORTH PROPERTY BOTINDARY PROVIDED BY C1ILPEPPER A, D T}iRPENINC. INC. ST. LUCIEE COUNTY SEC. TWF. R. RLW JOBNO.: DRAWING NANIE: DATE. FIGURE: FLORIDA 6 36S 40E 07-043.01 02 - AERIAL.DWC 31 ?MARCH 2O08 2 OF 9 LATITLJDI : N_7 3_ LONGITUDE: W080 I_" DESIGNED BY: 11AA � DRAWN € Y': R�IAA � CHECI ED BY: _ `'mTEW HORIZONS - CHILD ,'!,:N'S CR-ISIS CENTL�• PRESERVE AREA 1INJANACEivIE'I' AND MO ITOi�JNG PLAN 2U16 AERIAL, PE'(Y 0,GRAP F7 R. L. EIGT ENVIRON` INIE1N"TAL CONSULTANTS, INC. 8985 S.E. BRIDLE ROAD, SUITE A, HOGF SOUND, FL 33455 ?'IlONE: (772) 54b-6255 FJLX: (772) 546-2316 GYIAIL rI enti(tzxumcyst.net 3.00 DE'LINEATION OF PRESERVE AREAS For the purposes ofthis PANIMP, the preserve areas shall be defined as Preserve Areas, as depicted oil the Site Plan prepared by Culpepper and Terpening, Inc., a reduced copy of W111ch is included as Figure 3 of 9. The Preserve Areas shall include the preservation of all of Wetland "A" (0.36 acres), all of" Wetland "B" (0.72 acres); 0.64 acres of' upland buffer around the -,vetl uid preserves; and 1.56 Acres of upland preserve. Total wetland preserve equals 1.05 acres and total upland preserve equals 2.50 acres (Figure 4 off)). The upland preserve area has been clustered adjacent to the wetland preserves to maximize wildlife utilization and mair►tain the long term viability of the wetland preserves. The proposed preserve areas will be placed in a conservation easement dedicated to St. Lucie Countyand South Florida Water Management District and preserved in perpetuity. 4.00 SURVEY REQUIREMENTS The preserve areas shall be surveyed and staked based on the proposed Site Plan. No plant material shall be removed frorn the Preserve Areas to facilitate surveying, fencing or soil boring sampling without prior permission from the St. Lucie County Environmental Resources Division. 4.01 Barricadiutg Requirements The developer will ensure that the preserve area is protected with physical barriers during all clearing and construction activities in accordance with the following guidelines. a} Barricades will be high -visibility orange safety fence with a final height of at least 3 feet above the ground. Barricades shall not be attached to vegetation (Figure 5 or9). RLW #07-043.01 Page 4 of 21 2 April 2007 NOT,,, SURVEY 0' 100, 200, 400' 800, SCALE: V = 200' NORTH ..11Jlli((.L•:Jt.(,V(.tt:t..vv�.tt tt.... ...... ... .._..__._______ SITE PLAN PROVIDED BV Cut.PEPPER AND 'EERPENING, INC. SEC. ['WP. R. RI-W JOB NO.: DRAWING N.A`IE' DATE: FIGURE.: 6 36S 40E 07-043.01 04 - PRESERVE.DV�G 31 NIARCit 2008 4 OF 9 LATITUDE: N27° 22' 32" •W I.ONr1TUDE: W080°22' 12" IDESIGNED BY: ,1AAI DRAWN BY: i41AA I CHECKED BY: NEW ]HORIZONS - CHILDREN'S CRISIS CENTER R. L. WEIGT w PRESERVE AREA MANAGEMENT ENVIRONMENTAL CONSULTANTS, INC. s AND MONITORING PLAN 8985 S.E. BRIDGE ROAD, SUITE A, HOBE SOUND, FL 33455 PRESERVE AREA MAP PHONE: (772) 546-6255 FAX: (772) 546-2316 E-NIAII- rlwem•(7)e0mcast.net 43" X 2" WOOD POST ON8'CENTERS FENCE ATTACHED WITH STAPLES A 11 Xr 'I If 'LX7f'tfAl'% l]'d-kQ'r ON 81 llJJl FENCE ATT WITH S' 36" HIGH, ORANGE DAYCLOW FENCE 36" HIGH, SILT FENCE L FENCE TO BE INSTALLED 12" BELOW EXISTING GRADE NOT TO SCALE ST. LUCIE COUNTY SEC. TWP. R. RLW JOB NO.: DRAWING NAiNIE- DATE: FIGURE: FLORIDA 6 36S 40E 07-04.1.01 05 - FENCE.DWG 311 MARCH 2008 5 OF 9 LATITUDE: N27' 22'32" LONGITUDE: WOSO'22'12" DESIG`+ED BY: MAA DRAWN BY: MAA CIIECKFD BY:, NEW HORIZONS - CHILDRE, N'S CRISIS CEINTET' , R. L. WEIGT PRESERVE AREA MANAGEMENT ENVIRONMENTAL CONSULTANTS, INC. AND MONITORING PLAN 8985 S.E. BRlDCT ROAD, SUITE A, HOBE SOIAD, Fl- 33455 F ENCIN IS DE- PlIONE; (772) 54o-6255 FAX: (772) 5-16-2316 E-MAIL riwenv(axonicastmet i'All S b) Construction barricades and turbidity screens shall be installed to clearly delineate the preserve areas from construction Areas. C All barricades and turbidity screens, and gopher tortoise fencing be upright and maintained intact for the duration of construction. d) Where areas are proposed for clearing (i.e. building envelope, utilities, drainage, road riglit-of=Nvay, etc.) the bright orange barricades must be offs -et at least 10 feet outside the lreserve areas. e) All native vegetation (not slated for removal as part of the development plans) shall be retained in their undisturbed state and will be barricaded at or outside the dripline of the trees. f) Cut or fill will meet existing grade without encroaching into the preserve areas. g) In the event that any protective barricades are removed or altered and land clearing, or construction work is being conducted on -site, all work at tile site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replanting of any vegetation removed or damaged as a result of encroachments. h) Tile Preserve Areas will be posted with signs marked "Preserve Area" ( Figure 6 of 9). preserve Area Sign locations are shown oil the Preserve Area Map depicted on figure 4 of 9. Signs shall be placed at a frequency ofno less than one (t) sign per 500 feet. 4.02 Prohibited Activities prohibited activities in the preserve areas include, butare not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; rernoval or destruction of native trees, shrubs or other native vegetation; excavation, dredging or removal of soil materials; diking; vehicular traffic including recreational vehicle and offroad vehicle use; permanentirrigation, trimming, pruning, or fertilization; and any other activities detrimental to drainage, flood RLW 407-043.01 Page g of 21 2 April 2007 12't PRESERVE AREA pp At Mlf.O,t IF pi Ail ri,r), 1111 IIIIN 71W PI-11 III K A —I "I I—C.OF W.11y 2" SS LAG BOLT 4" X 4" X S'PRESSURF TREATED TIMBER POST OR TUFFNLITE - U - CHANNEL SIGN POST NOT TO SCALE K NO CLEARING, TRIMMING, MOWING, OR DUMPING IS PERMITTED WITHIN THE PRESERVE AREA BY ORDER OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS R. L. WEIGT ENVIROMUNTAL CONSULTANTS, INC. 8985 S.E. MIDICY ROAD, SUM A, HOBE SOUND, FL 33455 PHONE: CM) 5464255 FAX: (772) 546-2316 E-MAIL viw1Ca)mde)pbi"et 0 ST. LUCIE COUNTN, src. TWP. R. RL%V JOB NO.; DRAWING NANIE: DA.TE-. FIGURE: FLORIDA 6 I 36S 40E 07-043.01 06-S 1 31 MARCH 2008 6 OF 9 LATITUDE: N27- 22'32" LONGITUDE: W080'22' 12" DESIGNED BY: NIAtLl DRAWN BY: MAA CHECKED BY: NEW HORIZONS - CHI LDREN'SCCRISI S CENTER R. L. T PRESERVE A=- A MANAGEMENT WEIG ENVIRONMENTAL CONSULTANTS, INC. AND MONITORING PLAN 8985 S.E. BRIDGE ROAD, SUITEA, TIOBF SOUND, F1, 33455 PRESEZW�7. SIGN DE--• AIL PHONE: (772) 546-6255 FAX: (772) 546-2316 FMAIL rlwenv(a;conir control, water conservation, erosion control or Fish and wildlific conservation and preservation. No hazardous material other than fuel for refueling; on -site heavy equipment will be stored on -site during the construction pluses. On -site fuel tanks will not be located within 25-Feet ofally preserve area and shall be removed upoll completion of construction work. Development activities, such as the construction olbuilding pads ti)r associated structures, swales, or culverts for surface water management will riot alter the hydrology of adjacent preserve areas. Nor should any activities increase non -point source POIlution in the preserves. 5.00 RESTORATION `k MAINTENANCE ACTIVITIES Except for approved restoration and maintenance activities outlined in this PAMMP, the preserve areas will be left undisturbed. New I lorizons of the Treasure Coast steal l be responsible for maintenance activities of the preserve areas. All maintenance shall be in accordance with this PAMMP. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The following activities shall be allowed within the preserve area with prior written approval from St. Lucie County. a) .Exotic species removal. b) Re -vegetation - planting native vegetation, as necessary. c) Removal of dead, diseased, or safety hazard plant material, as necessary. 5.01 Exotic Species Removal Exotic vegetation in the wetland preserve areas shall be removed by the least ecologically damaging nicthod available. Such methods include hand bulling, band spading, RLW #07-043.01 Page 10 of 21 2 April 2007 chain saw and/or treatment �vitta an appropriatc herbicide. Initial exotic species eradication allay completed mechanically within tilt; upland areas. No debris, such as plant clippings or wood scraps, shall be allowed in the preserve areas. All exotic species will be removed within six to nine txionths ot'reccipt ot'the first Building; Permit. Exotic and invasive species Will continually be eradicated in perpetuity, as required. A St. Lucie County Vegetation Removal Permit will be requircd prior to any vegetation removal on -site 5.02 Re-vegetatioli Re -vegetation as a result of exotic species removal. within tlae upland and wetland preserve areas will consist of native plant species indicative of the existing pine flatwoods and wetland communities. This will ensure that the preserve areas maintain indigenous plant associations. Areas oft] ic 50' wetland buffer currently void ofnative vegetation shall also be re -vegetated with native upland species. A typical upland placating plan. and species list for the upland preserve areas and 50' native upland buffer is included on Figure 7 of 9. A typical wetland planting plan is included on Figure S of 9. . 5.03 Removal of I'laut Material No native plant material shall be removed from the preserve areas. Dead or diseased plant material may be removed only upon a written finding by St. Lucie County that the material creates a safety hazard to buildings within the fall zone of the material or the material does not add to the continued health of the preserve areas. Rc-vegetation may be required for any removed plant raterial. RLW M7-OzI3.01 Page 1 i of n 1 2 April 2007 Y d C N 0 C: m "v L ~ J i� -r y z T 3r ar r Op � r O I z � Q W L U � C ,✓, G O N n L Z 7_ r Q �• Q � O t� F E Q _ a U r' a %( L] 7_ �n z C K; n. 1 v J �,�✓ ,,� �, ^O7_ Li w u ••CC r, O car ��� z V :J O C il v� rry ir. � — C :J +f, ti r _ x q Y77 C fir, O v C j ZZ 5 r nl 7 C.i � C i 1 � � N [y N � ti E- ❑ c N Z r z c G r 6.(M MISCELLANEOUS PROVISIONS AND RESTRIC`I'IONS 6.01 Dust During construction, dust annoyance to adjacent property owncrs and the preserve area shall be eliminated via application of water or other approved means. 6.02 Noise Noise resulting front project site construction shall not exceed the noise levels and other requircinents stated in St. Lucie County Ordinances. 6.03 PeriodicCleanup/Basic Site restoration During construction, all accumulated debris and cleared vegetation will be removed fi om the project site on a regular basis, and as ordered by the Environmental Consultant raid/or Project Engineer. .NO construction debris or cleared vegetation shall be moved or stored within the on -site preserve areas. 6.04 Chemical, Fuel, and Other hazardous Materials All chemicals, fuel, and other hazardous materials used on -site during construction activities, whether herbicide, pesticide, solvent, or reactant of other classification, will be required to have Environmental Protection Agency (EPA) or Housing and Urban Development (HUD) approval. The handling, use, storage, and disposal of such materials, containers, or residues shalt be in strict conformance witli the manufacturer and or supplier's instructions. NO chemicals, fuel, or other hazardous materials will be stored within the Preserve Areas. A hazardous substance cleanup kit will be kept on -site during construction IZLW #07-043.01 Page 14 of 21 2 April 2007 activities, NO chemicals, fuel, or other hazardous materials wi](bc stored-vithin 2-feet of the preserve areas. 6.05 Construction Equipment NO heavy equipment or construction equipment sliall he stored, cleaned, repaired, or fueled in or within 25-feet of the preserve areas. 7.00 MONITORING AND MAINTENANCE ENANCE PLAN The proposed preserve areas will be monitored semi-annually fora five(5) year period, once prior the rainy season (April/1Vlay) and once again following the rainy season (October/November). A baseline monitoring report will be completed prior to commencement of construction. Annual reports documenting the results of' the semi-annual monitoring iterations will be prepared to document the progress of the preserve areas located on -site. The reports will include vegetation analysis, wetland hydrologic. data, wildlife utilization, panoramic photograplis, and conclusions and recommendations. Ne-,v Iaorizons of the Treasure Coast shall be responsible for monitoring and maintenance activities of the preserve area,,; 7.01 Monitoring Set-up Three (3) monitoring transects will be established within the preserve areas located on -site (Figure 9 of 9). The beginning of the transects will be marred with a 3" schedule 4.0 PVC pipe filled with concrete. The PVC concrete filled monuments will also serve as the panoramic photograph locations. A compass bearing from the PVC concrete filled monuments will be established for the transects. A metal plate will be engraved with the transect number, compass bearing, and date. The metal plate will be attached to the PVC concrete filled 1.11onument with stainless steel bolts. T11e PVC concrete filled monuanent will be field -located with a hand-held GP`> unit. and the latitude and longitude recorded. RLW 4107-043.01 P"we 15 of 21 2 April 2007 (rVroa all'aOAVd UPLAND PRESERVE' Z WETIAND- -V 0.72 ACRES ran I Li ti tIE-I% cl it ffk- M#4* IL ul ul 9 n -;i 4 - LU Lu CL SW.4C C) C.R. 712 MIDWAY ROAD lu 7.02 Vegetation Survey Biologists will conduct semi-annual vegetation surveys of'the transacts for a period of five (5) years. Each vegetative community type will be represented in the transects and major vegetation zones will be identified. Sample quadrats, 10 meters x 10 meters (100 sq. meters), will be. established along the transects. Vegetation inside the quadrats will be identified to species level, when possible. The percent -coverage of each species will be recorded and included in the annual reports. 7.03 Panoramic Transect and Quadrat Photographs DUri17g each salriple iteration, a color panoramic photograph (1 80(') of each tratlsect will be taken (figure 9 of9). A range -pole marked in 12" intervals will be provided in each photograph for scaliiig vegetation growth. A single photograph will be taken of each sample quadrat. The photographs will provide physical documentation of the conditions within the preserve area. Photographs of the semiannual monitoring iterations will be included in each of the annual reports. 7.04 Wildlife Utilization Aqua I ititi vc: study of wildlife utilization (birds, mammals, amphibians, and reptiles will be conducted durin , each sample iteration. Wildlife utilization will be determined by sighting, scat, calls, nests, burrows, tracks, etc. A species listofobserved wildlife from each of the semiannual monitoring iterations will be compiled and included in the annual reports. 2 April 2007 RLW 1407-0,13.01 Pagc 17 of 21 7.05 Hydrology Two (2) Infinities USA water level data loggers shall be installed within each of the preserved wetlands (Fi(--yure- 9 of 9). "1 he data loggers will be pro grained to record water level within the, wetlands once per day. One (1) infinities USA rain gauge data logger with a self= emptying tipping bucket will he installed oil -site to record daily rainfall data. The rainfall collector meets the guidelines and standards of thc. World Metcorological Organization. Data fi-on:r the recorders will be downloaded during the scram -annual monitoring iterations and graphed. The annual reports will include a discussion of the hydrological conditions within the Wetland preserves. 7.06 Exotic Plant Species Exotic and .nuisance plant species will be removed, in perpetuity, within the preserve areas. Exotic species currently located within the preserves areas will be removed from site. Other exotic and nuisance species will be treated with an approved herbicide (i.e., Rodeo) or pulled by -hand. Exotic maintenance will be performed on an as needed basis, depending on the existing conditions during each semi-annual monitoring iteration. The preserve areas will be maintained at < 5% of listed exotic and nuisance vegetation as delincd by the Exotic Pest Plant Council (Table 1). Maintenance will be conducted in perpetuity and. run with the land. 7.07 Molaitoring Reports Annual monitoring reports depicting results of the semiannual monitoring iterations will be submitted to the South Florida Water Managennent District (SFWMD), St. Lucie County Community Development Department and St. Lucie County Environmental Resource Division. The baseline report will be submitted within 30 days of hermit issuance with RI.W #07-043.01 Page 18 of 21 2 April 2007 Table 1. hlot•ida Exotic Pest Plant C:ouncil's Category I Invasive Exotie Species (2007). Scientific Ncttlle Ants pl-matoriu.s "Icacia cnuriculiJornlis ,.Ilbiziu jtllibrissill ftlbiziu lchheck Ai-disiu c•I•ellatu ( = A. crumdettct) .1rdisiu elliptica ( =A, hlnitHis) e1sparugus aedliopicus ( = A. sprengeri; A. dell's rus nlisapphcd) Baullulia vaneguta Bischolia javanica Ccrlouhvllunt until(ununl ccdelba; C. illoph1*1111l, nuscipplied) Casuarina cyni.w-tf fake) Ccullarirla M111(v Cimlumomum camphor') Colocasia cwcidenlo Coluhrina asiaticcl Cltp(Illiohsis amtcardioide"; Diosc:orea alctlo Dioscorea bulbi era Eiellornia cr-assipas Eagenia unyloru Ficus microcarpet ( = Ficus Idtida; F. t'efusa xur. nilicla nlisclpplied) Ilydrilla rerlicillato Ilrgrophila polysper-mct Hvulellachne alrtplcvicaulis hnperala cplindriccl (= I. brasiliensis mis(rpplied) Ipomoea ctduafica .Iasmill(tm dichotontttm Jusmillum Jllrnlinense Lantana Camara Ligustnim lucidunl Lig .Y11'Iml slltellse L onl(:c_'ra Japonica 111(111'tgin, peruv((ma 1.1'0odium jap(nlicum Lrgoditrtrl nlic•r•nplr>•llunr dlcrcJctclt-elra ltn,rttis-cati 114unilkcu•ct �crJxrtct 111c1a1eltra gttin(luenervict A'iinxlsa pirrcr ft(mdina domeslica ''Onullon A"(111ie rosary pea carleal'acacia mimosa, silk tree waman's tongue coral ardisia ;hoebutton ardisia Asparagus fern Orchid tree bischoiia Santa maria (nanles "least wood", "Alexandrian laurel" used in Cultivation) Australian pine suckering Australian pine camphor -tree: wild taro lather lean carronvood winged yanl air potato water hyacinth Suriu:un cherry laurel fie hydrilla green hygro West Indian marsh grass cogoll gratis Nvaterspinach Gold Coast jasmine Brazilian jasmine Lantana, shrub verbena glossy privet Chinese privet, liedge privet japanes honeysuckle Peruvian primrose willnw japancse Climbing )ern Old V/orld Climbing tern cats claw trine sapodilla lneiaieuca, paper bar) Catclaw Miutosa nanclin�:, heavenly bumbco RLW 1107-04101 2 t 2 Apri12007 Table 1. Continued lYephrnlepis cordUblicl sword Cott 1Vephr olepts 11101ljloro AS,an Swo,d ler,l ��el'raJldlti I-e,'TJ[f1((l!(lrrci Bunna lEed, cane glass Puederia cruddcfsia)ici sewer vine, onion vine Paederia fiwlida skunk vine Pat11CtlliJ rY'pe/J,C torpedo grass Peimiselum pucpui-eum nap,er grass Pislia strcttioles water lettuce PSidium (atlleicmulii strawberry c?uava ( -_ 1). littorale) Psidium gtlujava guava Puercu•ia niontana var, lohato kudzu ( Rhodomvt•tus tO/)lelJloS(! downy rose -myrtle Rh nehelvtr'um r•ejxws Natal grass {= Ruellia Mvediam, Mexican petuniaRuellia (K. @raltontana) Sctpium sebifi?runJ popcorn tree, Chinese tallowtree ( = 7'riadeca sehilera) Scaevola mccmlce seaevola, hall:=QoSver, beach uaupaka 1 - Sca(?vola scrricea; S. Jr,ilescens) Schelflera aclinopl{vllu sclteCllera, Queensland umbrella tree ( — Brassuia aclinophylla) Schinu,s ierehinfhi%olius Brazilian pepper Senna I)endula var. glabrala climbing cassia, Christmas cassia, Christmas senna { = Cassia calulcotdesJ SC)l(17Jtim tampicens( lvEllatKl lltghl shade. aquatic Soda apple ( = S. houslonii) Solanum vial-IfIn tropical Soda apple S'yagonilvn podop111'llurrJ An•owhead vine Syz-I'giilm cumini jambolan, .lava plum Teclaria incises incised halberd fcra 771espesia popubiea seaside malloe Iradesc•cintia Jluminensis white-flowcred wandering jew Urochloa mulic-a Para grass (= I3ruclJicrr is 1111(tica) Source: Florida Exotic Pest Plmtt Council, 2007 List of Invasive Species RLW 407-043.01 Page 20 of 21 2 April 2007 semi-annually moaiitoring and annual reports thereafter. Reports will be submitted within 30 days of sampling the preserve areas. The rnociitoring reports will colitain. but are not limited to, the following data- 0 results of the senriiannual vegetation surveys; results of the semiannual wildlife surveys; V hydrologic data O semi-annual panorainic aril quadrat photographs, and (Ii cession of project issues related to vegetation, hydrology, exotic species and permit compliance, according to SFWMD a.nd St. Lucie County permit conditions. RLW 807-0,43.01 Page 21 of 21 2 April 2007 Florida, that: RESOLUTION NO. 09-198 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie County this 7" day of JULY, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney SAACQ\WP\Conservation Easements\New Horizons\Resolution No. 09-198.wpd 0o n;aMPOm m 0-M.29 8 ozNr z� Jc3 �NwM;q a0< c0 cr o��rn �^ rn N � WN ? O a T M Resolution No. 08-234 File No.: SPMJ 120081381 A RESOLUTION OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS GRANTING APPROVAL TO A MAJOR ADJUSTMENT TO A MAJOR SITE PLAN PROJECT KNOWN AS NEW HORIZONS OF THE TREASURE COAST WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. New Horizons of the Treasure Coast. Inc. presented a petition for a Major Adjustment to a Major Site Plan project, known as New Horizons of the Treasure Coast, to add a 9.05 acre parcel and provide for the development of a 14,107 square foot building and improvements on land located on the north side of West Midway Road, approximately one -quarter mile west of Selvitz Road, in the I (Institutional) Zoning District for the property described below in Part B. 2. The Development Review Committee has reviewed the site plan modification for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served water and sewer services by the Fort Pierce Utilities Authority (FPUA). September 2, 2008 Resolution No. 08-234 File No.: SPMJ 120081381 Page 1 The applicant has applied for and received a revised Certificate of Capacity Exemption, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, a Major Adjustment to an Approved Major Site Plan project known as New Horizons of the Treasure Coast is hereby approved to allow for the addition of a Children's Crisis Facility as depicted on the site plan drawings for the project prepared by Culpepper & Terpening Inc. dated December 28, 2007, subsequently revised through August 25, 2008, and date stamped received by the St. Lucie County Growth Management Director on August 26, 2008, subject to the following conditions: 1. These conditional use site improvements and uses shall be consistent with the provisions of Resolution No. 08-150 granting Conditional Use Permit approval for the subject project. Major or minor revisions to the site plan may be made consistent with the County's Land Development Code. 2. Within 90 days of the approval of this resolution, the developers shall enter into an agreement to pay a fee in lieu of constructing the required sidewalk along Favorite Road. The fee shall be based on a approved engineers estimate utilizing the unit cost provided by the County Engineering Division. 3. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, per LDC 7.09.04(E), the landscape plan shall be revised to include a continuous hedge along both the inside and outside of the entire 8 foot high wall along the eastern property line as depicted on the site plan graphics. 4. Prior to issuance of a Certificate of Occupancy, the applicant shall provide all required and executed St. Lucie County conservation (or SFWMD) easements for the two wetlands onsite and associated 50 foot buffers, along with a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the St. Lucie County or South Florida Water September 2, 2008 File No.: SPMJ 120081381 Page 2 Resolution No. 08-234 Management District (SFWMD) easement form without prior approval of the County Attorney and the Environmental Resources Department. 5. Within 90 days of site plan approval or prior to approval of a Notice of Vegetation Removal, whichever comes first, the applicant shall finalize an improvement agreement acceptable to the Environmental Resources Department covering the cost of landscaping. 6. All future site design and construction plans, including plans submitted for vegetation removal and building permits shall label all conservation areas on the property. 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement for all required landscaping and tree mitigation, including on -site and off -site preservation and/or relocation. B. The subject property on which this site plan approval as described in Part A above are being granted is described as follows: LOT 13 OF THE NORTHEAST ONE -QUARTER OF, MODEL LAND COMPANY'S SUBDIVISION OF SECTION 6, TOWNSHIP 36, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK. 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; EXCEPTING THEREFROM, ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. And; MODEL LAND CO'S S/D OF 6-36-40 LOTS 9, 10, 11 AND 12 IN NE 1/4- LESS STRIP OF LAND LYG N OF AND ADJ TO S LI LOTS 9 TO 12 INCL BEING 62.4 FT ON W END AND 63.7 FT ON E END AND LESS A STRIP OF LAND ON W SIDE OF LOT 9 ADJ TO LOT 16 IN NW 1/4, SD STRIP BEING 76.36 FT ON N END AND 77.40 FT ON S END AND LESS W 744.61 FT OF E 2565 FT (AS MEAS AT RIGHT ANGLE FROM E SEC LI OF 1/2 OF SD SEC 6) OF N 585 FT OF S 625 FT (AS MEAS ATRIGHT ANGLES FROM C/L MIDWAY RD) AND LESS AS IN OR 1058-1106 THRU 1109 (RD R/W FAVORITE RD AND MIDWAY RD)- (23.56 AC) (OR 945-214, 217) (Location: On the north side of West Midway Road, approximately 1/4 mile west of Selvitz Road) September 2, 2008 File No.: SPMJ 120081381 Page 3 Resolution No. 08-234 GENERAL PROVISIONS C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this business or property to another entity or individual, a major adjustment to the conditional use permit shall be required. D. The approvals and authorizations granted by this Resolution shall expire on September 2, 2009, unless a Building Permit or Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. The approval and authorizations granted by this Resolution are specifically conditioned to the requirement that the petitioner, New Horizons of the Treasure Coast Inc., shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. F. The Certificate of Capacity Exemption, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new Certificate of Capacity shall be required. G. The conditions set forth in Part A above are an integral nonseverable part of the Conditional Use/Site Plan approval granted by this Resolution. If any condition set forth in Part A are determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Conditional Use/Site Plan approval granted by this resolution shall become null and void. H. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. September 2, 2008 File No.: SPMJ 120081381 Page 4 Resolution No. 08-234 After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith AYE Vice -Chair Paula Lewis AYE Commissioner Chris Craft AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 2nd day of September 2008. September 2, 2008 File No.: SPMJ 120081381 S'r BOARD OF COUNTY COMMISSIONERS ` ' 4¥'«� ST. LUCIE COUNTY, FLOIRDA 7 f BY", �jxf. T { ` Chairman ', cc)�_�::�:r: All Page 5 -N-.�,. a Resolution No. 08-234 Exhibit A CERTIFICATE OF CAPACITY September 2, 2008 File No.: SPMJ 120081381 EXEMPTION Page 6 Resolution No. 08-234 St Lucie County Certificate of Capacity Exemption Date 8/26/2008 Certificate No. 5022 This document certifies that concurrency will:le-4nef"anTthat-adequate public facility capacity exists to maintain the standards for levels-oftervice as adopted in the St Lucie County Comprehensive Plan for: 1. Type Of development Conditional Use and Site Plan Majror Adjustment Number of units Number of square feet 14,107 2. Property legal description & Tax ID no. 3406-501-0020-0009 and 3406-501-0014-5009(part of) 1/4 mi. Wt of Selvitz Road, N. side of Midway New Horizons of the Treasure Coast 3. Approval: Building Resolution No. 08=150 & 0&23tetter 4. As -part of the development:. . 5. On property owned by New Horizons of the. Treasure Coast, Inc: 4500 West Midway Road Fort Pierce FL 34981 is hereby granted a Certificate of Capacity Exemption according to the following Chapter(e}:of the St. Lucie County Land Development Code: ❑ 5.03.02(A) ❑ 5.03.02(B)l ❑ 5.03.02.(B)2 ❑ 5.03.02(B)3 ❑ 5.03.02(B)4 ❑ 5.03.02(B)5 © 5.03.02(B)6 ❑ 5.03.04(A) ❑ 5.03.04(A)2 ❑ 5.03.04(A)3 ❑ 5.03.04(8)1 ❑ 5.03.04(B)2 ❑ 5.03.04(B)3 ❑ 5.03.04(B)4 6. Certificate Expiration Date 9/2/2009 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the under) i development orderissued with this certificate, or for subsequent d1 opme der issu n the same properfii, use and size as described herein. Sane Date: 8/27/2008 o Management Dir for St Lucie County, Florida N AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B5 DATE: July 7, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Pivotal Utility Holdings, Inc. d/b/a Florida City Gas Walton Road BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See Attached Memorandum N/A RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Pivotal Utility Holdings, Inc. d/b/a Florida City Gas, authorize the Chair to execute the Agreement and direct Pivotal Utility Holdings, Inc. d/b/a Florida City Gas to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [�(] APPROVED [ ] DENIED [ ] OTHER — Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: �w [x] Road and Bridge: D'Q [x] Public Works: W Daniel S. McIntyre Don Pauley Don West [x] Originating Dept: Jn"L [x] Engineering: my [ ] Purchasing: JoAnn Riley Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 7, 2009 SUBJECT: Revocable License Agreement Pivotal Utility Holdings, Inc. d/b/a Florida City Gas Walton Road BACKGROUND: Florida City Gas has requested a Revocable License Agreement to install a 4-inch polyethylene natural gas line within the 150-foot road right-of-way of Walton Road from U.S. Hwy 1 to Village Green Drive. The proposed 4-inch polyethylene natural gas line will be installed a minimum depth of 48- inches and maintain approximately 5-feet separation from the north right-of-way as described on Exhibit "A". RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Pivotal Utility Holdings, Inc. d/b/a Florida City Gas, authorize the Chair to execute the Agreement and direct Pivotal Utility Holdings, Inc. d/b/a Florida City Gas to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, �J Ann Riley Property Acquisition Division G Z W W fY C9 W 0 Q J J W N "� MI.7" .x Y y, i+F- �jl,JS Y4r a s "+9a 7,t` This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of �u,oC , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and PIVOTAL UTILITY HOLDINGS. INC d/b/a Florida City Gas whose address is 4180 South U.S. 1, Rockledge, FL 32955. (Florida City Gas") WHEREAS, the COUNTY is the owner of the property described as: PORTIONS OF A 150 FOOT ROAD RIGHT-OF-WAY, KNOWN AS WALTON ROAD, LYING IN SECTION 35, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLOR.IDA; WHEREAS, Florida City Gas, desires to install a 4 inch polyethylene (PE) natural gas line within the 150ft road right-of-way of Walton Road from U.S. I to Village Green Drive. The proposed PE pipe will be installed at a minimum depth of 48 inches maintain approximately 5 feet separation from the north right-of-way as described on the attached Exhibit "A". WHEREAS, the County is willing to permit Florida City Gas to use Walton Road to Village Green Drive right-of-way, to install and maintain a 4 inch polyethylene (PE) natural gas line via directional drill or open cut with a minimum depth of 48 inches maintaining approximately 5 feet separation from the north right-of-way as illustrated on attached Exhibit "A". Florida City Gas will restore all drainage swales to existing working conditions, subject to the terms and conditions set forth in this After the Fact Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant Florida City Gas a Revocable License Agreement for the purpose of installing and maintaining the 4-inch polyethylene natural gas line under Walton Road to Village Green Drive right-of-way which will be installed at a minimum depth of 48 inches. This license shall extend only to the above referenced location and shall not extend to the construction and /or installation of any other structures. 2. The sole purpose of this Revocable License Agreement is to allow Florida City Gas a means of installing a natural gas line under Walton Road to Village Green Drive to serve the area with natural gas. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Florida City Gas to install and maintain the 4inch polyethylene PE natural gas line within the 60 foot right-of-way of Lucero Drive as illustrated on attached Exhibit "A". 4. Florida City Gas is required to install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. Florida City Gas is required to restore all drainage swales to existing working conditions. S. This After the Fact Revocable License Agreement shall be binding on future successors and assignees of Florida City Gas provided that Florida City Gas gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at Florida City Gas sole expense upon ninety (90) days written notice to Florida City Gas. The County Engineer may, in lieu of termination, request that Florida City Gas perform certain alterations to the utility service in the right-of-way of Lucero Drive at Florida City Gas's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer and the Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the utility improvements, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, Florida City Gas shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this After the Fact Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Florida City Gas agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements by the County. 10. The utility service shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of Florida City Gas. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Florida City Gas agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Contractor: Pivotal Utility Holdings, Inc d/b/a Florida City Gas 590 NW Peacock Blvd. Suite 7 Port St. Lucie, FL 34986 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. Florida City Gas shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature or injury to persons or property, or loss of life or property of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by Florida City Gas or its' agents, servants, employees, patrons, or invitees. 14. Florida City Gas shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Florida City Gas shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: • ftyZ�11 t, I ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: Wit ess� Witness STATE OF COUNTY OF 1 G d e- PIVOTAL UTILITY HOLDINGS, INC a/k/a Florida City Gas.-4 J, 04L --. It's cfe-'q � 00, The foregoing instr�iment was acknowledged before me this 1 - day of n 't, , 2009, byas (--T-t6 Q A of PIVOTAL UTILITY HOLDINGS, INC . who produced 1_- (type of identification) and who did take an oath. WITNESS my hand and official seal, this 1 bt _day of—np 2009. My commission expires: C-90-? 013 ANADEL PWO MY COMMISSION A 0 691328 ?; r EXPIRES: September 20, 2o13 Bonded Thru Notary Rd* Umkwfte t an ot6 Sig azure of Notary Public \V \ O O �i v OI � 67 I i % � C V „J I I I i par Q � O U) W 0 Z J Q C5 W Z W v oma x z o m J Vl O S (C Q Q w S W w 2 d p K W Z< W O< m O Z N<z o T N= « W M. 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Outlaw; Feliciano, Millie A; Michelle Hylton; Ja'net Pentz; Jerome Adams; Joe Cimino; Kara Wood; Kristin Tetsworth; Lee Ann Lowery; Liz Martin; Mark Satterlee; Michael Brillhart; Mike Claus; Missy Stiadle; Nelson A Azcuenaga; Paula Lewis; Robin Meyer; Shane DeWitt; Terri Ann Palumbo Cc: Ja'net Pentz; Missy Stiadle; Anne Bowers; Stephanie Bush Subject: PULLED AGENDA ITEM 7/7/09 - VI-136 Per the request below from the County Attorney's office please pull agenda item VI-136. Thank you From: Heather Lueke Sent: Monday, July 06, 2009 2:04 PM To: Missy Stiadle Cc: Charlene Furtado; Carol Bishop; Daniel McIntyre; Christopher Steers Subject: FW: 7/7/09 - VI-66 Please pull item VI-136 from tomorrow's agenda for me. Commissioner Grande has requested that this be pulled. Thank you. 1 n AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VI-86 DATE: July 7, 2009 REGULAR [] PUBLIC HEARING [J CONSENT [xx] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney Permission to Advertise - Ordinance No. 09-027 - Historic Preservation See attached memorandum RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 09-027 for public hearing before the Local Planning Agency on August 20, 2009, and the Board of County Commissioners on September 1, 2009, and September 15, 2009, at 6p.m. or as soon thereafter as may be heard. COMMISSION ACTION: (] APPROVED [ J DENIED [� OTHER: PULLED PRIOR TO MEETING. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Marie Gouin Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) Don West County Eng.: Mike Powley Eff. 5/96 FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-806 DATE: July 7, 2009 SUBJECT: Permission to Advertise Ordinance No. 09-027 - Historic Preservation BACKGROUND: On August 2, 2005, the Board of County Commissioners adopted Ordinance No. 05- 003, creating Chapter 1-10.2 of the St. Lucie County Code and Compiled Laws, known as the "Historic Preservation Ordinance." Staff recommends making several changes to the Ordinance to bring it into compliance with case law and with Florida Certified Local Government requirements. By becoming a Certified Local Government, St. Lucie County would become eligible for State and Federal grants related to historic preservation. On May 26, 2009, the Historical Commission reviewed and the proposed ordinance and suggested revisions which have been incorporated into this draft. The recommended changes are summarized as follows: Chapter 2.00.00 LDC Changes definition of Historic Resource to match definition of Exceptional Historic Resource in the Historic Preservation Ordinance Replaces Florida Master Site File threshold with registration on National, State or Local Historic Registries Chapter 4.11.01 LDC Moves Historic Preservation Ordinance to the Land Development Code Creates Historic Preservation Board of five professional experts and two lay persons, as required by case law and the Florida Certified Local Government standards Changes definition of "Exceptional Historic Resource" to match criteria used by National Register of Historic Places, but on the local level Deletes definition of "Resource of Exceptional Importance" because it is never mentioned in the ordinance again Removes confusing procedure for reviewing applications to National Register and replaces with procedure required by State Preservation Board Provides for withdrawal of application by applicant anytime before final Board decision. Gives Historic Preservation Board 60 days to accept or reject application for designation Growth Management Director or designee (Historic Preservation Officer) examines any application over 50 years old and determines if it reasonably could meet criteria of Exceptional Historic Resource in Historic Preservation Ordinance within 30 days of receipt: o If not, application goes back to originating department. o If so, application goes to Historic Preservation Board under its Emergency powers in the Historic Preservation Ordinance Provides that Emergency Powers can only be used if a structure or site is an Exceptional Historic Resource (one that can be designated without the permission of the property owner) Provides that any fines collected for violations of the Historic Preservation Ordinance be placed in the Historic Preservation Trust Fund Chapter 1-10.2 Code and Compiled Laws. Historic Preservation Ordinance Deletes Historic Preservation Ordinance from Code and Compiled Laws and moves it to Land Development Code Chapter 1-16 Code and Compiled Laws, Historical Commission Deletes the Historical Commission because its duties have been assumed by the Cultural Affairs Division and the Historic Preservation Board RECOMMENDATION/CONCLUSION: Staff requests permission to advertise Ordinance No. 09-027 for public hearing before the Local Planning Agency on August 20, 2009, and the Board of County Commissioners on September 1, 2009, and September 15, 2009, at 6 pm or as soon thereafter as may be heard. Respectfully submitted, Heather Sperrazza Lue e Assistant County Attorney ORDINANCE NO. 09-027 AN ORDINANCE AMENDING CHAPTER 2 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AMEND THE DEFINITIONS OF HISTORIC RESOURCE AND HISTORIC TREE; DELETING SECTION 4.11.01 "CHANGES TO HISTORIC STRUCTURES OR SITES"; CREATING SECTION 4.11.01 "PURPOSE"; CREATING SECTION 4.11.02 "DEFINITIONS"; CREATING SECTION 4.11.03 "HISTORIC PRESERVATION TRUST FUND"; CREATING SECTION 4.11.04 "HISTORIC PRESERVATION OFFICER"; CREATING SECTION 4.11.04 "HISTROIC PRESERVATION BOARD"; CREATING SECTION 4.11.06 "DESIGNATION PROCESS AND PROCEDURE"; CREATING SECTION 4.11.07 "EMERGENCY ACTIONS"; CREATING SECTION 4.11.08 "REVIEW OF PROPOSED NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES"; CREATING SECTION 4.11.09 "CERTIFICATE OF APPROPRIATENESS"; CREATING SECTION 4.11.10 "DEMOLITION"; CREATION OF SECTION 4.11.11 "ECONOMIC HARDSHIP"; CREATING SECTION 4.11.12 "MAINTENANCE OF DESIGNATED PROPERTIES"; CREATING SECTION 4.11.13 "CERTIFICATE TO DIG"; CREATING SECTION 4.11.14 "APPEALS"; CREATING SECTION 4.11.15 "PENALTIES"; CREATING SECTION 4.11.16 "INCENTIVES"; CREATING SECTION 4.11.17 "TAX EXEMPTIONS FOR REHABILITATIONS TO DESIGNATED HISTORIC PROPERTIES"; DELETING CHAPTER 1- 10.2 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS; DELETING ARTICLE III OF CHAPTER 1-16 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS; "PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16,1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20,2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-018 - December 18, 2007 07-032 - November 6, 2007 07-041 - September 4, 2007 08-004 - March 11, 2008 08-008 - June 17, 2008 3. On August 2, 2005, the Board of County Commissioners adopted Ordinance No. 05-003, creating Chapter 1-10.2 of the St. Lucie County Code and Compiled Laws, known as the "Historic Preservation Ordinance." 4. On December 11, 2006, the Board of County Commissioners adopted Ordinance No. 06-045 amending Chapter 1-10.2. 5. On May 1, 1984, the Board of County Commissioners adopted Ordinance No. 84-05 which created the St. Lucie County Historical Commission. 6. On , the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing 2 notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 7. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on 8. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on 9. Any designation of Historic Structures or Sites onto the St. Lucie County local historic registry by the Board of County Commissioners up to the date of the adoption of this Ordinance shall remain in full force and effect. 10. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to Chapter 2.00.00 of the St. Lucie County Land Development Code to read as follows, include: 2.00.00 DEFINITIONS HISTORIC TREE: A tree which has been determined to be of notable historic interest and value to St. Lucie County because of its location or historic association with the community and which has been so designated by the Board of County Commissioners in the official record books of the county following the procedures set out in Section 4.11.00 by rortified mail to the GWRer HISTORIC STRUCTURE OR SITE: Any structure or site that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district preliminarily determined by the secretary to qualify as a registered historic district; (3) lRdividually listed eR the F=IeFida Master Site File maiRtaiRed by the ReFida DepartmeRt of State. Individually listed on a state register of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or (4) Individually listed on a local inventory of historic places per the procedures in Section 4.11.00. PART B. The specific amendments to Chapter 4.11.00 of the St. Lucie County Land Development Code to read as follows, include: 4.11.00 HISTORIC PRESERVATION -- -- - .-72,11.. .. • .. .. L. - .. Section 4.11.01. Purpose. (1) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archaeological aesthetic and architectural significance are in the interests of the health prosperity and welfare of the people of St. Lucie County. (2) The purpose of this Ordinance is to protect the significant historic resources of St. Lucie County, to the maximum extent practicable, in accordance with the goals and policies of the St. Lucie County Comprehensive Plan, by providing procedures for the designation and subsequent review of certain types of changes that are proposed for these resources. (3) The safeguarding of the significant historic resources in St. Lucie County is also intended to: a. Foster civic pride in the accomplishments of the past; b. Protect and enhance the County's historical heritage and provide an economic stimulus through heritage tourism; C. Promote the protection and maintenance of individual sites and districts in public acquisition programs for the education, pleasure and welfare of the people of St. Lucie Count d. Encourage adaptive use of historic resources by giving them priority over activities that would harm or otherwise destroy their historic value; e. Enhance property values; f. Stabilize neighborhoods and business centers; g. Increase economic and financial benefits to the County and its inhabitants; h. Combat blight; i. Promote historic awareness in the County; i. Enhance the visual and aesthetic character of the County; and, k. Protect and enhance the archaeological resources of the County. 4) In addition. the provisions of this Section will assist the Countv and property owners to be eligible for federal tax incentives, federal and state grant funds, and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including, but not limited to, Section 193.503, Florida Statutes, and the National Register of Historic Places program. (5) This ordinance is intended to and shall govern and be applicable to, all property located within the unincorporated areas of St. Lucie County, Florida. (6) The historic preservation ordinance shall be filed, and it shall address the following sections: the establishment of certain powers and duties for the Historic Preservation Board; the creation of a process to designate historic buildings sites, districts, landscape features roads objects structures and archaeological sites; a process of review for issuing certificates of appropriateness and an appeal process. The County shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act, as amended. (7) The St. Lucie County Register of Historic Places is hereby created as a means of identifying and classifying various sites buildings structures objects and districts as historically significant. Any site or structure in the unincorporated County which is listed on the National Register of Historic Places shall automatically be listed on the St. Lucie County Register of Historic Places Section 4.11.02 Definitions (1) Adaptive use: The process of converting a building to a use other than that for which it was designed. (2) Addition: A construction project physically connected to the exterior of a historic building. (3) Alteration: Any change affecting the exterior or appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change of color, form, texture or materials or any such changes in appearance of specially designated interiors. (4) Archaeological site: A single specific location that has yielded or is likely to yield information on significant local history or prehistory. (5) Archaeological zone: A geographically defined area defined in the Archaeological Survey of St. Lucie County, Florida (2000) as amended which may reasonably be expected to yield information on significant local history or Prehistory based upon broad prehistoric or historic settlement patterns. (6) Artifact: Any object that is a product of human modification or objects that have been transported to a site by people. (7) Building: A resource created principally to shelter any form of human activity such as a house, barn, church, hotel or similar construction. (8) Board: The St. Lucie County Board of County Commissioners (9) Certificate of Appropriateness: A special certificate issued by the St Lucie County Historic Preservation Board or a standard certificate of appropriateness issued by County staff, which permits certain alterations or improvements to a designated individual site or a property within a historic district (10) Certificate to Dig: A type of certificate of appropriateness required by the County for certain ground disturbing activities, such as filling, grading, and the removal of vegetation and trees but excluding swimming pool excavation. (_11) Certified Local Government: A government satisfying the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing of regulations of the U.S. Department of the Interior and the State of Florida Division of Historical Resources. A government that is certified will review all nominations to the National Register of Historic Places within its jurisdiction prior to reviews at the state and federal levels. (12) Contributing resource: A building, site, landscape feature, object, structure or archaeological resource that adds to the historic associations, historic architectural qualities or archaeological values for which a property is significant because it was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. (13) Demolition: The act or process of wrecking, destroying or removing any building or structure, or any portion thereof. (14) Designated exterior. All outside surfaces of any building or structure that is individually listed or listed in the designation report as having significant value to the historic character of the building or district. (15) Designation report: A document prepared by the Historic Preservation Officer for all properties or districts that are proposed for local historic designation. The report, at a minimum, must include a boundary description of the proposed site or district, an evaluation of its significance as it relates to the criteria for significance, location maps, representative photographs and a physical description of the historic resource(s). (16) Earthworks: Earthworks consist of linear ridges, circular embankments, and causeways constructed of earth and/or shell, as well as their associated borrow pits and both linear and circular ditches. These are most often associated with other precontact features such as mounds or middens, but they may occasionally be encountered in isolation. (17) Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is not limited to dredging, draglining, bulldozing, scraping, digging, scooping, or hollowing out. (18) Exceptional historic resource: The quality of significance in local history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, earthworks mounds and obiects that possess integrity of location, design, setting materials workmanship feeling and association and: a. That are associated with events that have made a significant contribution to the broad patterns of our history; or b. That are associated with the lives of persons significant in our past: or C. That embody the distinctive characteristics of a type period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d. That have yielded or may be likely to yield information important to history or prehistory. (19) Historic Preservation Board: The St. Lucie County Historic Preservation Board established pursuant to 4.11.05. (20) Historic district: A geographically defined area possessing a significant concentration, linkage or continuity of buildings structures objects improvements or landscape features, united by historic events or by plan or Physical development, and which area has been designated as a Historic District pursuant to procedures described herein. The boundaries for such district shall be clearly established. (21) Historic landscape feature: Individual plants, such as a specimen tree or groups of plants, such as a hedge, allee, agricultural field planting bed or a naturally occurring plant community or habitat, with historical significance. (22) Historic Preservation Officer. A person appointed by the County Administrator to serve as liaison to the Historic Preservation Board That person shall be experienced in, or knowledgeable about, architectural history, urban design, historic preservation principles, planning and land use regulations. (23) Historic Preservation Trust Fund: The St. Lucie County Historic Preservation Trust Fund created for the purpose of funding the preservation of historic resources within the unincorporated areas of the County. (24) Historic resource: Any prehistoric or historic district site building object or other real or personal property of significant historical architectural or archaeological value. The properties may include but are not limited to earthworks, mounds, monuments, memorials, habitations ceremonial sites abandoned settlements, sunken or abandoned ships engineering works treasure troves, artifacts, or other obiects with intrinsic historical or archaeological value or any part thereof relating to the history, government or culture of the County, the State of Florida or the United States of America. (25) Interim protection measure: The interim period of time needed to protect a property from demolition relocation alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site, or historic district, or zone. (26) Local Register of Historic Places: The St. Lucie County Register of Historic Places. (27) Mound: An artificial bank or hill of earth or stones, especially one constructed over a ceremonial or burial site. Includes middens. (28) National Register of Historic Places: A federal listing maintained by the U.S. Department of the Interior of buildings, structures, sites, objects and districts that have met the criteria for significance contained in the National Historic Preservation Act of 1966 (as amended.) (29) Non-contributing resource: A building, site, landscape feature, object, or structure that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the property and/or, due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information about the period. ( 0) Object: Those objects that are primarily artistic in nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable; an object is associated with a specific setting or environment. (31) Ordinary maintenance and repair. Any exterior work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an element, by restoring it as nearly as possible to its appearance using materials consistent with the original materials. (32) Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. (33) Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural and cultural values. (34) Restoration: The act or process of accuratelv recovering the form and details of a property and its setting as it appeared at a particular period of time by means of removal of later work or by the replacement of missing earlier work and utilizing traditional materials. (35) Scale: The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale the relation between the interior space and exterior volume. (36) Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings: A set of guidelines produced by the Department of the Interior that establish professional standards and provide advice and guidelines on the rehabilitation of historic properties and acceptable preservation treatments. The standards pertain to exterior and interior work on historic buildings. (37) Site: The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itself possess historic, cultural, archaeological, or paleontological value regardless of the value of any exiting structure. (38) St. Lucie County Historic Resources Survey, 2003: A survey that identifies the historic resources of St. Lucie County. The survey results include mapping: photographic documentation; research into the date of construction and original uses; and a detailed description of each resource. (39) Special Certificate of Appropriateness: A Special Certificate of Appropriateness is required for work that includes: additions, alterations, new construction, relocations, or demolition, and for those instances when the proposed work is deemed to have a significant impact on the historic resource(s). The Historic Preservation Board shall review the request. (40) Standard Certificate of Appropriateness: A Standard Certificate of Appropriateness shall be issued by the Historic Preservation Officer when the work proposed is a minor alteration, routine maintenance or in -kind replacement. (41) St. Lucie County Register of Historic Places: A register of those individual cultural and historic resources and districts that have been designated as historic pursuant to this ordinance. (42) Streetscape: A view or vista of a specific street, the distinguishing - characteristics of which are created by the width of the street and sidewalks, their paving material and color, the design of street furniture, the use of plant materials such as trees and shrubs, the setback, mass, proportion and scale of those buildings that enclose the street. 10 (43) Structure: Those functional constructions made usually for purposes other than human shelter. (44) Undue economic hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return. Section 4.11.03 Historic Preservation Trust Fund. (1) The Clerk of the Circuit Court of St. Lucie County, acting as clerk and auditor to the Board is hereby authorized and directed to establish in the accounts of the Board of County Commissioners a St. Lucie County Historic Preservation Trust Fund. The Clerk shall deposit such funds donated or otherwise contributed to the County for historic preservation into the St. Lucie County Historic Preservation Trust Fund. (2) The Board shall distribute the funds placed in the St. Lucie County Historic Preservation Trust Fund, plus accrued interest, to undertake a historic preservation strategy as determined by the Board. Section 4.11.04 Historic Preservation Officer Appointment and duties: The County Administrator shall appoint an employee of the Board to serve as the St. Lucie County Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history, urban design, local history, site planning and land use regulations. The Historic Preservation Officer shall: (1) Schedule the meetings of the Historic Preservation Board, prepare agendas, and ensure that proper notice of the meetings are afforded to the public and affected parties. (2) Prepare local historic designation reports and make recommendations to the Historic Preservation Board as to whether or not they meet the designation criteria under 4.11.060) of this ordinance. (3) Upon receipt of a completed application for a Certificate of Appropriateness, evaluate the scope of the proiect to determine whether it will be considered for review as a Standard or Special Certificate of Appropriateness, and then process the application as described in 4.11.08 (5) and (6) of this ordinance. (4) Maintain and update the official inventory and map of historically designated sites and districts. 11 (5) Prepare summaries of all decisions regarding applications to include the criteria and conditions for approval or denial (6) Review all plans for designated historic sites and historic districts for their compliance with the terms and conditions of applicable Certificates of Appropriateness or Certificate to Dig prior to the issuance of a construction or vegetation removal permit. (7) Apply for preservation grants and actively participate in other historic preservation programs, such as the Historic Marker Program administered by the Florida Division of Historical Resources, Bureau of Historic Preservation. (8) Serve as the Certified Local Government Coordinator between the Board and the Florida Division of Historical Resources. Bureau of Historic Preservation. 4.11.05 Historic Preservation Board (1) Creation. The St. Lucie County Historic Preservation Board is hereby created and established as a committee of the St. Lucie County Board of County Commissioners. The Board is hereby vested with the power, authority and jurisdiction to recommend local historic designations; issue Certificates of Appropriateness; and to regulate and administer the historical, cultural, architectural and archaeological resources in St. Lucie County, as prescribed by this ordinance and the direct jurisdiction and legislative control of the Board. The Historic Preservation Board's responsibilities shall be complementary to those of the State Historic Preservation Office. (2) Composition; qualification of members A) The Historic Preservation Board shall consist of seven members. Two (2) members shall be appointed by the Board as at -large members and shall be laypersons who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines. Each County Commissioner shall appoint one (1) of the other five (5) members to the Historic Preservation Board and thev shall include one (1) professional member from each of the following fields: 1. Anthropology, archaeology, history, or folklore 2. Conservation or curation 3. Architecture, preferably historic architecture 4. Land use planning or historic preservation planning 12 5 Professional engineer or certified General or Residential Contractor (B) The term of office for each member shall be four (4) years; however of the members first appointed one (1) shall serve for one (1) year, two (2) shall serve for two (2) years two (2) shall serve for three (3) years, and two (2) shall serve for four (4) years. A member who has completed one full term is eligible to be appointed to serve a consecutive term. No member who serves two (2) full terms shall be reappointed during the two (2) year period following the expiration of his or her term. Each member of the Historic Preservation Board shall hold office only so long as he or she is a resident of St. Lucie County. The required professional qualifications of each member shall be as set out in the State Historic Preservation Office Certified Local Government Professional Qualifications Standards, as amended. (C) Should a Historic Preservation Board member fail to attend three (3) consecutive meetings, the Historic Preservation Officer shall verify the same to the Board. Upon such verification, the member shall be deemed to have been removed and the Board or Commissioner shall fill the vacancy by appointment. (D) Special advisors may be appointed by the Board upon the recommendation of the Historic Preservation Board. They. shall serve as ex- officio members having no vote. The Historic Preservation Board shall also seek expertise on proposals or matters requiring evaluation by a profession not represented on the Historic Preservation Board. (E) Members of the Historic Preservation Board shall serve without compensation, but shall be reimbursed for necessary expenses directly related to the performance of their official duties. (F) All vacancies to the Historic Preservation Board, including expiration of terms, shall be filled within sixty (60) calendar days. (G) Each Historic Preservation Board member shall make a reasonable effort to attend State Historic Preservation Office training programs. (3) Organization The members of the Historic Preservation Board shall elect members to serve as Chair and Vice -Chair, for a period of one (1) year. Nothing shall prevent the Historic Preservation Board from electing a Chair or Vice -Chair for successive terms. The Historic Preservation Officer or such Officer's representative shall serve as staff liaison to the Historic Preservation Board with no vote. (4) Meetings, records 13 (a) Meetings. The Historic Preservation Board shall be required to hold regular meetings at least four (4) times a year or more frequently as may be necessary to satisfy the review and hearing requirements set forth in this ordinance. All meetings of the Historic Preservation Board shall be publicly announced and shall be open to the public. Meetings will have a previously advertised agenda. The time and place of the meetings the order of business and the procedures to be followed shall be as prescribed by the Historic Preservation Board in conjunction with the Historic Preservation Officer and shall be available for public inspection. All meetings convened to consider local historic designation, Certificates to Dig or Special Certificates of Appropriateness shall be advertised at least ten (10) days prior to the meeting in a newspaper having a general circulation within St. Lucie County. (2) Voting. All Historic Preservation Board meetings will be held in a public forum. Four (4) members of the Historic Preservation Board shall constitute a quorum, and an affirmative vote equal to a majority of the quorum present, whichever is greater, shall be necessary for the adoption of any motion. (3) Minutes. The Historic Preservation Committee shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. (5) Rules and regulations. The Historic Preservation Board shall recommend to the Board such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this ordinance. Such rules and regulations shall conform to the provisions of this ordinance, shall not conflict with any applicable laws or regulations, and shall govern and control procedures, hearings and actions of the Historic Preservation Board. No such rules and regulations shall become effective until a public hearing has been held by the Board upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by resolution of the Board and filed with the Clerk of the Circuit Court. Upon approval by the Board, such rules and regulations shall have the force and effect of law within the unincorporated areas of St. Lucie County, Florida. Such rules shall be open for public inspection. (6) Role of the Historic Preservation Board (1) Functions, Powers, and Duties. As provided for in this Ordinance, the Historic Preservation Board shall have the following powers and duties: 14 (A) Recommend amendments to the Board to Rules of Procedure and to this Ordinance. (B) Recommend designation of individual sites, and historic districts and archaeological zones as provided for in this Ordinance. (C) Initiate petitions for the designation of individual sites and historic districts as provided for in 4.11.06 (2)(A)2 (D) Issue or deny Special Certificates of Appropriateness (E) Approve historical markers for properties listed in the St. Lucie County Register of Historic Places. (F) Recommend building and zoning amendments to the proper authorities. (G) Review and update the St. Lucie County Historic Resources Survey and the Archaeological Survey of St. Lucie County. (H) Promote the awareness of historic preservation concerns throughout the community. (1) Review and make recommendations regarding the acceptance of donations of real property to the Board. (J) Recommend as appropriate that certain provisions of the Land Development Code be varied, amended or superceded as a means of encouraging historic preservation. (K) Contact public and private organizations and individuals for the purpose of encouraging alternate arrangements that may lead to the preservation of historic resources that might otherwise be demolished. (L) Evaluate and make recommendations to the Board of County Commissioners that it comment upon pending decisions by other public agencies that affect the physical development and appearance of architecturally, archaeologically or historically significant sites, districts and archaeological zones. (M) At the time that the County becomes a Certified Local Government coordinate with the State of Florida's Division of Historical Resources Certified Local Government program as follows: 1. The Division shall be given thirty (30) days prior notice of all meetings and within thirty (30) days following such meetings 15 the Division shall be provided with the minutes and record of attendance of both the Historic Preservation Board and the public. 2. The Division shall be notified of any change of Historic Preservation Board members within thirty (30) days of any changes in membership. 3. Notify the State Historic Preservation Officer within five (5) business days of all new historic designations or alterations to existing designations. 4. Any amendments to the ordinance shall be submitted to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption. 5. The Division of Historical Resources shall be provided with an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information: a. Any changes to the Rules of Procedure; b. All new National Register listings- C. All new local historic designations and alterations to existing designations; d. Any changes to Historic Preservation Board memberships and a copy of their resumes; e. Revised resumes of Historic Preservation Board members as appropriate; f. Any amendments to this Chapter; g. A review of survey and inventory activities with a description of the system used; h. A program report on each grant -assisted activities; and i. Number of projects reviewed. N) The Historic Preservation Board shall have the authoritv to review applications for Special Certificates of Appropriateness for all property in the unincorporated St. Lucie County, however owned, by either private or public parties. Except as otherwise provided by law, this shall apply equally to plans; projects or work executed or assisted by any private party, governmental body or agencv, department, authority or board of a municipality, the Countv, or the State of Florida. (0) As a certified local government, participate in the National Register Program for properties within its jurisdiction as directed by the Code of Federal Regulations, Title 36, Part 61, and provisions of this chapter. (P) The Historic Preservation Board shall carry out a historic Preservation planning process to include the identification and recordation of historic resources within the County. Such survey process shall take place, upon 16 approval by the Board of County Commissioners approximately every ten years. All historic resource inventories shall be compatible with the Florida Master Site File which exemplifies the format used for statewide comprehensive historic preservation planning and kept current and regularly provided to the State Historic Preservation Officer for incorporation in the Florida Master Site File. All such resource inventories shall be open to the public. Historic Preservation Board members shall be encouraged to participate in the survey process carried out by the County. 4 11 06 Designation Process and Procedure (1) Criteria. (A) The Historic Preservation Board shall have the authority to recommend to the Board of County Commissioners designation of buildings, sites districts landscape features roads objects structures and resources as sites districts or zones that are significant in St. Lucie County's history, architecture archaeology or culture and possess an integrity of location, design, setting materials workmanship feeling or association and meets one or more of the following criteria: 1 Significant Event — Associated with distinctive elements of the cultural social political economic scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, St Lucie County, the region, the state or the nation; or 2 Significant Person — Associated with persons significant in the County, the region the state or the nation's past; or 3 Architectural Significance — Embodies the distinctive characteristics of a type period style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or 4 Archaeological Significance — Has yielded or is likely to yield information in history or prehistory; or 5 Listed in the National Register of Historic Places; or 6 Aesthetic Significance — Is part of or related to a landscape, park environmental feature or other distinctive area, and should be developed or preserved according to a plan based upon a historic, cultural or architectural motif; or because of its prominent or special local, contrast of siting age or scale is an easily identifiable visual feature of a 17 neighborhood or area or contributes to the distinctive quality of such neighborhood or area. (B) Certain properties, which include cemeteries, birthplaces, Properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties that have achieved significance within the last fifty (50) years, and properties commemorative in nature will not normally be considered for designation on the St. Lucie County Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: 1. A religious property deriving primary significance from architectural or artistic distinction of historical importance; 2. A building or structure removed from its location but which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic event or person; 3. There is no other appropriate site or building directly associated with the life of a person significant in the County, the region, the state or the nation's past; 4. A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; 5. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; 6. A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. (2) Procedures for Historic Designation. Properties that meet the criteria for local historic sites and local historic districts set forth in 4.11.02 shall be designated according to the following procedures: (A) Initiation (1) Petition of the owner. (a) The owner(s) of any property in St. Lucie County may apply for designation of their property as an individual site or district. Applications for Designation must be submitted with the appropriate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the W Board The Historic Preservation Officer shall based on its findings, either recommend a designation report be prepared or recommend denial of the application. Nothing in this subsection shall be deemed to restrict the power of the Historic Preservation Board to initiate the designation process pursuant to 2(A)(2) below. The applicant may withdraw his or her application for designation at any time before the Board makes its final decision regarding designation. Nothing in this subsection shall be deemed to restrict the power of the property owner(s) to reject a final Board decision to designate as set out in (1), below. (b) The Historic Preservation Board shall within 60 days either accept or deny the application. By accepting the application, the Historic Preservation Board must set a date for a public hearing. The owner shall complete the designation report and the Historic Preservation Officer shall notify the proper parties of the public hearing. (2) Initiation by the Historic Preservation Board - Based upon written recommendations from local state or national historical organizations, the Historic Preservation Board may initiate the designation of properties which would meet the criteria for an Exceptional Historic Resource as defined in 411 02 (18) When the Historic Preservation Board votes to initiate the designation process it shall set a date for a public hearing. Staff shall notify the property owner of the public hearing and prepare the designation report. (B) Designation Reports. Prior to the designation of an individual site or a district the Historic Preservation Officer shall prepare an investigation and designation report and submit it to the Historic Preservation Board. All reports must address the following: 1. Leaal description of the propee 2. The historical, cultural, architectural or archaeological significance or how the property fulfills the criteria for designation. 3. Whether the property meets the criteria for an Exceptional Historic Resource as defined in 4.11.02 (18). 4 Clearly established boundaries for individual historic sites and a recommendation of boundaries for districts. When a district is recommended the report must identify those properties which are considered "contributing" (i.e., that they contribute to creating the historic character of the district) or "non-contributing" (i.e., that they do not contribute to creating the character of the district), but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating non-contributing properties shall provide that a Certificate of Appropriateness and/or Certificate to Dig, as 19 appropriate, shall be required for alterations and new construction on such properties. 5. Zoning Regulations. Every historic district may include detailed zoning regulations made to be compatible with its designation. Such regulations may be designed to supplant or modify any element of existing zoning regulations, including but not limited to use, floor area ratio, density, height, set -backs parking, minimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improvements, landscape features or sites for which different regulations; standards and procedures may be required. Said zoning regulations shall not be effective until the Board approves the regulations. Every historic site may include suggestions for variances from current Code requirements including but not limited to use, floor area ratio, density, height, set- backs, and parking. Said variances shall not be effective until the Board of Adjustment approves them. 6. The report shall also contain a location map and photographs of all exterior surfaces, and interiors when applicable. 7. Optional Designation of Interiors. Normally interior spaces shall not be subject to regulation under this ordinance; however, in cases of existing structures that possess interior spaces that are of exceptional architectural, artistic or historical importance, and are interior spaces which are customarily open to the public, they may be specifically designated. The Designation Report shall describe Precisely those features subject to review and shall set forth standards and guidelines for such regulations. 8. Designation reports shall also include a copy of any survey materials related to such property, the property appraiser's records of such property and a copy of the public hearing newspaper advertisement. (C) Notification of owner. For each proposed designation of an individual site or district, the Historic Preservation Board is encouraged to obtain the permission of the property owner(s) of the individual site or within the designated area. The Historic Preservation Officer shall send notification by certified mail to the owner when the Historic Preservation Board votes to initiate designation and sets a date for public hearing. The Historic Preservation Officer is also responsible, when designation is initiated by the Historic Preservation Board, for sending by certified mail a copy of the designation report to the owner(s) at least thirty (30) days prior to a public hearing held pursuant to this 20 ordinance. Any objections by the property owner must be notorized to prevent nomination to the National Register of Historic Places. (D) Interim protection measure: From the date of said notification of the owner, no building construction or vegetation removal permit for any new construction alteration relocation or demolition or surface alterations that may affect the property proposed for designation shall be issued until the Board approves or denies the designation in accordance with this section, or one hundred twenty (120) days have elapsed, whichever shall occur first (E) Notification of government agencies. Upon sefting a date for public hearing on designation the Historic Preservation Officer shall immediately notify the appropriate building and zoning department the appropriate public works department and any other County or municipal agency, including agencies with demolition powers, that may be affected by said filing. (F) Notice of Historic Preservation Board public hearing. For each individual site or district proposed for designation, a public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date a designation report has been filed with the Historic Preservation Board. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (G) Requirement of prompt decision and notification. Following the public hearing, the Historic Preservation Board shall recommend approval, denial or amendment of the proposed designation, including whether the property should be considered an Exceptional Historic Resource, and shall forward its recommendation to the Board within thirty (30) days of the hearing for final approval The Historic Preservation Board may suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. (H) Notice of Board public hearing. Upon receipt of the Historic Preservation Board's recommendation, the Board shall schedule a public hearing to consider the proposed designation. The public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date the Historic Preservation Board recommendation is filed with the Board. Property owners within a radius of 150' from the area proposed for designation shall receive a 21 courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (1) Requirement of ,prompt decision and notice. The Board shall approve, deny or approve with conditions the designation including whether the property constitutes an Exceptional Historic Resource and shall designate the Property by resolution. Except for property determined to be an Exceptional Historic Resource, the Owner, or a maiority of the Owners if owned by more than one person, or a maiority plus one of the Owners in a proposed historic district may reject the designation in writing by filing a written statement with the Historic Preservation Officer within thirty (30) days of the Board's decision. In the event the designation is rejected the provisions of this ordinance governing designated historic properties shall not apply to the subject property or district If approved the property shall be added to the St. Lucie County Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution. a. St. Lucie County Growth Management Department; b. St. Lucie County Public Works Department; C. St. Lucie County Clerk of Court; d. Owner(s) of the designated property and other parties having an interest in the property, if known; e. Any other County or municipal agency, including agencies with demolition powers, that may be affected by this action; and, f. St. Lucie County Property Appraiser. Amendment or rescission. In the event the Historic Preservation Board determines a property no longer in full or in part meets the criteria set forth in 4.11.06(1), the Historic Preservation Board may recommend an amendment or rescission of any designation provided it complies with the same manners and procedures used in the original designation. (K) Appeal of Designation. A party aggrieved by a designation decision may appeal such decision in the manner provided for in this ordinance. (L) Recording of designation. The Board shall provide the Clerk of Circuit Court with all designations for the purpose of recording such designation and the Clerk of Circuit Court shall thereupon record the designation according to law. 22 (M) St. Lucie County Local Register Map. On or before October 1st of each year, the Historic Preservation Officer shall prepare a map showing all properties listed on the Local Register of Historic Places (including any properties listed on the National Register of Historic Places) as of that date. The Historic Preservation Officer may update the map at such other times as he deems appropriate to reflect changes to the Local Register. 4.11.07 Emergency actions. (1) Initiation (A) All structures or sites which are more than fifty (50) years old and are applying for a site plan, building permit, demolition permit, DRI or variance application shall be submitted to the Historic Preservation Officer for review. The Historic Preservation Officer shall have thirty (30) days to review the structure or site. (B) If the Historic Preservation Officer determines that the structure or site fits within the definition of "Exceptional Historic Resource" as defined in 4.11.02(18), meets the criteria as outlined in 4.11.06(1), and that irreparable harm will be done to the structure or site if the proposed event is allowed to occur, the Historic Preservation Officer shall refer the application to the Historic Preservation Board for review as set out below. (C) If the Historic Preservation Officer determines that the structure or site does not fit within the definition of "Exceptional Historic Resource" as defined in 4.11.02 (18), does not meet the criteria as outlined in 4.11.060), or irreparable harm will not result from the proposed event, the Historic Preservation Officer shall return the application to the originating department. (D) All construction activity requiring building permits or the processinq of permit applications relating to the property shall be held in abeyance until the review by the Board is completed with regard to the subject property. The Historic Preservation Officer shall notify the property owner that such restriction is in effect. During consideration of historic designation, the applicant and/or owner will not be denied all reasonable use of the property. (2) Review and recommendation by the Historic Preservation Board (A) If the Historic Preservation Officer refers the application to the Historic Preservation Board, the Historic Preservation Officer shall schedule the matter for consideration by the Historic Preservation Board and notice of the public hearing will be provided in accordance with the provisions of 4.11.06(2)F. 23 (B) At the public hearing the Historic Preservation Officer shall present a report to the Historic Preservation Board regarding the architectural historical and archaeological significance of the subject property, including an evaluation of the property under the criteria set forth for historic designation in 4 11 06(1) The Historic Preservation Board shall also hear testimony from the owner, the applicant and all other interested persons. 1 At the close of the public hearing the Historic Preservation Board shall determine whether all of the following findings of fact have been established: a. There is a real and present danger to the subject Property as evidenced by the owner or applicant's Proposal. b. Based upon the best available data, the subject Property appears eligible for historic designation as an Exceptional Historic Resource pursuant to this chapter. The fact that the property has not been nominated for inclusion on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request. 2. The Historic Preservation Board may suspend action on the application for a period not to exceed thirty (30) days, in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. (C) Based upon its findings of fact as provided above, the Historic Preservation Board shall recommend to the Board whether historic designation procedures should be initiated for the subiect property. (3) Review and Determination by the Board (A) Following receipt of the Historic Preservation Board's recommendation, the Board shall conduct a public hearing in accordance with the notice procedures set forth in 4.11.06(2)(1). (B) Should sufficient evidence be presented at the public hearing, the Board may designate the property at the public hearing, or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. 4.11.08 Review of Proposed Nominations to the National Register of Historic Places 24 When St Lucie County becomes a Certified Local Government, the following procedures shall apply: (1) The Historic Preservation Board shall develop or receive the documentation necessary to nominate properties to the National Register. (2) The Historic Preservation Board shall evaluate nomination proposals received for completeness and notify the proposal's sponsor, in writing, identifying any technical deficiencies within thirty (30) days after receipt of the nomination proposal. (3) If the nomination proposal is technically complete the Historic Preservation Board shall schedule the proposal on its agenda for the next meeting or, if the notification provisions make that impossible, for the earliest possible regular meeting. (4) The Historic Preservation Board shall notify the following, at least thirty (30) days but not more than seventy-five (75) days prior to the meeting at which the nomination proposal will be considered, of its intention to consider a nomination proposal: (a) Owners(s) of record of the property. The list of owners shall be obtained from official tax records. Where there is more than one owner on the list, each separate owner shall be notified. (b) The Chairman of the Board of County Commissioners. Within thirty (30) days of such notification, the Board of County Commissioners shall submit in writing to the Historic Preservation Board its recommendation as to whether or not the property shall be nominated to the National Register. (c) State Historic Preservation Officer (5) Nomination proposals shall be considered by the Historic Preservation Board at a public meeting and all votes on nomination proposals shalt be recorded and made a part of the permanent record of the meeting. (6) All nomination proposals shall be forwarded, with a record of official action taken by the Historic Preservation Board and the recommendation of the Board of County Commissioners, to the State Historic Preservation Officer within thirty (30) days after the meeting at which they were considered. (7) If either the Historic Preservation Board or the Board of County Commissioners or both support the nomination, the State Historic Preservation Officer shall schedule the nomination proposal for consideration by the Florida National Register Review Board. (8) If both the Historic Preservation Board and the Board of County Commissioners recommend that a property not be nominated, the State Historic Preservation Officer shall take no further action unless an appeal is filed within thirty (30) calendar days with the State Historic Preservation Officer. (9) Any person or organization which supports or opposes the nomination of a Property to the National Register shall be afforded the opportunity to 25 make its views known in writing. Objections by property owners must be notorized to prevent nomination to the National Register of Historic Places. All such correspondence regarding a nomination proposal shall become part of the permanent record concerning that proposal and shall be forwarded with approved proposals to the State Historic Preservation Officer. In the case of disapproved nomination proposals letters of support or comment shall be made a part of the permanent record concerning that proposal, and a list of such letters shall accompany the official copy of the disapproved nomination proposal when it is forwarded to the State Historic Preservation Officer. (10) Nominations to be considered by the Historic Preservation Board shall be on file with the Historic Preservation Officer for at least thirty (30) days but not more than seventy-five (75) days prior to the Historic Preservation Board meeting at which they will be considered. A copy shall be made available by mail when requested by the public and shall be made available at the County Administration Building so that written comments regarding a nomination proposal can be prepared. (11) Any person may appeal the decisions of the Historic Preservation Board under this section to the State Historic Preservation Officer. Such appeals shall be in writing and submitted within thirty (30) calendar days of the State Historic Preservation Officer's receipt of the written decision of the Historic Preservation Board. 4.11.09 Certificate.of Appropriateness (1) Required No building, site, landscape feature, object, structure, or earthwork within St. Lucie County which has been designated pursuant to this ordinance shall be altered, restored, rehabilitated, excavated, moved or demolished until an application for a Certificate of Appropriateness regarding any architectural features, landscape features or site improvements -has been submitted to and approved pursuant to the procedures in this article. The application shall include but not be limited to, the architectural style, scale, massing, siting, general design and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors, walls and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to 4.11.06. Landscape features and site improvements shall include, but are not limited to, site grading subsurface alterations, fill deposition, paving, landscaping, vegetation removal walls fences courtyards, signs and exterior lighting. No Certificate of Appropriateness shall be approved unless the architectural or development plans for said construction alteration, excavation, restoration, rehabilitation, relocation or demolition are approved by the Historic Preservation Board. 26 (B) No permit shall be issued by the County that affects any property designated pursuant to this ordinance without a Certificate of Appropriateness. (C) All work performed pursuant to the issuance of the Certificate of Appropriateness shall conform to the requirements of the certificate. The Board shall designate an appropriate official to assist the Historic Preservation Board by making necessary inspections in connection with enforcement of this chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the Historic Preservation Board and copies of any stop work orders both to the Historic Preservation Board and the applicant. The Public Works Director or appropriate official and staff for the Historic Preservation Board shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order. (D) Any certificate of appropriateness issued pursuant to the provision of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period or a building permit has been obtained. (E) Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the Historic Preservation Officer. If the Historic Preservation Officer finds that the proposed change does not affect the property's historic character and that the change is in accord with approved guidelines standards and the general intent of the original certificate of appropriateness the Historic Preservation Officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with the guidelines, standards or the original intent of the Certificate of Appropriateness, a new application for a special certificate of appropriateness shall be required. (F) A designated structure or home that is located in a historic district or archaeological zone may not be relocated except upon approval of a certificate of appropriateness. In considering such certificate the Board shall determine whether any reasonable alternative is available for preserving the improvement or structure on its original site and whether the proposed relocation site is compatible with the historic and architectural integrity of the improvement or structure. (G) For the purpose of remedying emergency conditions determined to be dangerous to life health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site in St. Lucie county, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or 27 natural calamity shall be permitted to stabilize the building immediately without Historic Preservation Board approval and to rehabilitate it later under the normal review procedures of this ordinance. (H) Where the Historic Preservation Officer or the Historic Preservation Board determines that any improvement within a designated historic site or designated historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic sight or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic site or historic district, such determination shall be reported to the Code Compliance Division. In the event the County Building Official determines that any structure within a designated historic site or historic district is unsafe pursuant to the Florida Building Code, as adopted by the County, or in violation of the Property Maintenance Ordinance as set forth in Section 13.09.00 of the St. Lucie County Land Development Code, such official shall immediately notify the Historic Preservation Board with a copy of any findings. Where reasonably feasible within applicable laws and regulations the Code Compliance Division shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any comments and recommendations by the Historic Preservation Officer. The Historic Preservation Board and/or the Board may take appropriate action to encourage preservation of any such structure. Forms and fees. Applications for Certificates of Appropriateness must be submitted with the appropriate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board. (3) Pre -application conference Before submitting an application for a Certificate of Appropriateness, an applicant is encouraged to confer with the Historic Preservation Officer to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys and other data. At the request of the applicant, the Historic Preservation Officer, or any member of the Historic Preservation Board, an additional pre -application conference shall be held between the applicant and the Historic Preservation Board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and guidelines. In no case, however, shall any statement or representation made prior to the official application review be binding on the Historic Preservation Board, the Board, or any County department. The owner(s) of a designated property are also encouraged to consult with the Historic Preservation Officer prior to the commencement of any routine maintenance and/or repairs to the site. (4) Standards for review and issuance. The U.S. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the standards by which applications for any Certificates of Appropriateness are to be measured and evaluated. In adopting these standards, it is the intent of this ordinance to promote the proper maintenance, restoration, preservation rehabilitation appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architecture and landscape features of neighboring buildings, sites and streetscapes. From time to time the Historic Preservation Board may recommend to the Board of County Commissioners additional standards to preserve and protect special features unique to the County. Based on the Secretary of the Interior's Standards, the designation report, a complete application, any additional plans, drawings, photographs and samples of materials to fully describe the proposed project, the Historic Preservation Board may approve or deny the application for a Special Certificate of Appropriateness. (5) Standard Certificate of Appropriateness. Where the action proposed in an application is a minor alteration to a designated site or contributing resource within a historic district and satisfies the standards as set forth in Section 4.11.08(4), the Historic Preservation Officer shall, within twenty (20) calendar days of receipt of the complete application, approve or deny the application. The findings of the Historic Preservation Officer shall be mailed to the applicant within three (3) days of the staffs decision, accompanied by a statement that explains the Officer's decision. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Historic Preservation Officer's findings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Board will consider it. (6) Special Certificate of Appropriateness. (1) Where the action proposed in an application involves a major alteration, relocation or demolition to a designated site or a contributing resource within a historic district or where the Historic Preservation Officer finds that the action proposed in an application is not clearly in accord with the standards as set forth in 4.11.08(4), the application shall be classified as a Special Certificate of Appropriateness and the following procedures shall govern: (2) When a complete application is received, the Historic Preservation Officer shall place the application on the next regularly scheduled meeting of the Historic Preservation Board. The Historic Preservation Board shall hold a public hearing with notice of the application and the time and place of the hearing as follows: 29 a. The applicant shall be notified by mail at least ten (10) calendar days prior to the meeting. b. Any individual or organization requesting such notification and paving any established fees therefore shall be notified by mail at least ten (10) calendar days prior to the hearing. C. An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. d. The Historic Preservation Board shall approve deny or approve with conditions, subject to the acceptance of those conditions by the applicant. The Historic Preservation Board may suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. e. The decision of the Historic Preservation Board shall be issued in writing. Evidence of approval shall be by Certificate of Appropriateness issued by the Historical Commission or the Historic Preservation Officer. When an application is denied, the Historical Commission's notice shall provide an adequate written explanation of its decision. 4.11.10 Demolition. (1) Demolition of a building, site, district, landscape feature, obiect, structure, earthwork, or such resource that has been designated as historic pursuant to this ordinance or is located within an archaeological zone as defined in 4.11.02 may occur only pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an approved application by the owner for a Special Certificate of Appropriateness. (2) Government agencies having the authority to demolish unsafe structures shall receive notice of designation of buildings, sites, districts, landscape features, objects, structures, and archaeological sites or zones. The Historic Preservation Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said government agency regarding demolition of any property designated or documented as historic pursuant to this ordinance. The Historic Preservation Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. (3) No permit for voluntary demolition of a building, site, district, landscape feature object structure earthwork an archaeological site, or such resource that has been designated as historic pursuant to this ordinance shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this section Refusal by the Historic Preservation Board to grant a Special Certificate of Appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Historic Preservation Board shall be guided by the criteria contained in 4.11.08(4). The Historic Preservation Board may grant a Special Certificate of Appropriateness, which may provide for a delayed effective date of up to eighteen (18) months. The effective date shall be determined by the Historic Preservation Board based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition During the demolition delay period, the Historic Preservation Board may take such steps as it deems necessary to preserve the structure concerned in accordance with the purposes of this chapter. Such steps may include but shall not be limited to consultation with civic groups, public agencies and interested citizens recommendations for acquisition of property by public or private bodies or agencies and exploration of the possibility of moving one (1) or more structures or other features. (4) In addition to all other provisions of this Section, the Historic Preservation Board shall consider the following criteria in evaluating applications for Special Certificates of Appropriateness for the demolition .of a historic building site landscape feature object structure, earthwork, or archaeological site. a Whether the historic resource is of such interest or quality that it would reasonably meet national, state or local criteria for designation. b Whether the historic resource is of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense. C. Whether the historic resource is one of the last remaining examples of its kind in the County or the region. d Whether the historic resource contributes significantly to the historic character of a designated historic district. e Whether retention of the historic resource promotes the general welfare of the County by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage. 31 f. Whether there are definite plans for reuse of the property where the historic resource is located if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area. 4.11.11 Economic Hardship. (1) Where, by reason of particular site conditions and restraints or because of unusual circumstances applicable solely to the particular applicant strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the Historic Preservation Board shall recommend to the Board whether it is appropriate to vary or modify adherence to this ordinance; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect St. Lucie County. (2) In any instance where there is a claim of undue economic hardship the owner may submit, by affidavit, to the Historic Preservation Board at least fifteen (15) days prior to the public hearing, the following information: a. For all property: 1. The amount paid for the property, the date of purchase and the party from whom purchased; 2. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; 3. Real estate taxes for the previous two (2) years; 4. Annual debt service, if any, for the previous two (2) years; 5. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property; 6. Any listing of the property for sale or rent, price asked and offers received, if any; 7. Any consideration by the owner as to profitable adaptive uses for the property; 8. An estimate of the cost of the proposed demolition or relocation; 32 9 A report from a licensed engineer or architect with experience in historic rehabilitation as to the structural soundness of the structure, and its suitability for relocation and/or rehabilitation, however, the County may retain an independent engineer and/or architect to review and approve the report; and 10. An estimate from an architect, developer, real estate consultant appraiser or other professional as to the economic feasibility of the rehabilitation or adaptive use of the existing structure however, the County may retain an independent engineer and/or architect to review and approve the estimate. b. For income -producing property: 1. Annual gross income from the property for the previous two (2) years; 2. Itemized operating and maintenance expenses for the previous two (2) years; and 3. Annual cash flow, if any, for the previous two (2) years. 2) The Historic Preservation Board_ may require that an applicant furnish such reasonable additional information as the Historic Preservation. Board believes is relevant to its determination of undue economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his/her affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information cannot be obtained. 4.11.12 Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building agricultural property, utility or structure which does not involve a change of design, appearance or material, and which does not require a building permit. 4.11.13 Certificate to Dig. (1) A Certificate to Dig is a type of Certificate of Appropriateness. Within an archaeological zone as defined in 4.11.02, new construction, filling, 33 digging, the removal of trees, or any other activity that may alter or reveal an archaeological site shall be prohibited without a Certificate to Dig All applications to all appropriate County agencies involving new construction demolition large- scale digging, the removal of trees or any other activity that may reveal or disturb an archaeological site in an archaeological zone shall require a Certificate to Dig before approval. Based on a complete application for a Certificate to Dig the Historic Preservation Officer shalt within ten (10) days from the date the completed application has been filed, approve or deny the application for a Certificate to Dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness within thirty (30) days of the Officer's findings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Board will consider it. (2) The Certificate to Dig may be made subject to specified conditions including but not limited to conditions regarding site excavation In order to comply with the requirements of the Certificate to Dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the U.S. Secretary of the Interior's Standards to conduct excavations and monitoring from the time of the approval of the Certificate to Dig until the effective date thereof. The findings of the Officer shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision .or any conditions attached to the Certificate to Dig by filing a written notice of appeal to the Historic Preservation Board within thirty (30) days after receipt. (3) Approved Certificates to Diq. Approved Certificates to Dig shall contain an effective date not to exceed sixty (60) days, at which time the proposed activity may begin, unless the Historic Preservation Board decides to designate the site in question as an individual site or district. In that case all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (4) All work performed pursuant to the issuance of a Certificate of Appropriateness or Certificate to Dig shall conform to the requirements of such Certificate. It shall be the duty of the appropriate government agencies and the staff of the Historic Preservation Board to inspect from time to time any work pursuant to such Certificate to assure compliance. In the event work is performed not in accordance with such Certificate, the Historic Preservation Officer shall be empowered to issue a stop work order and all work shall cease. No person firm or corporation shall undertake any work on such proiects as long as such stop work order shall continue in effect. 4.11.14 Appeals 34 Within thirty (30) days of the written decision of the Historic Preservation Board, an agqrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice of appeal shall state the decision which is being appealed the grounds for the appeal, and a brief summary of the relief which is sought. Within sixty (60) days of the filing of the appeal or the first regular Board meeting which is scheduled, whichever is later in time the Board shall conduct a public hearing at which time they may affirm modify or reverse the decision of the Historic Preservation Board. Nothing contained herein shall preclude the Board from seeking additional information prior to rendering a final decision. The decision of the Board shall be in writing and a copy of the decision shall be forwarded to the Historic Preservation Board and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure a party aggrieved by a decision of the Board may appeal an adverse decision to the Circuit Court in and for St. Lucie County, Florida. 4.11.15 Penalties The provisions of this ordinance may be enforced by the St. Lucie County Code Enforcement Board. This provision shall not preclude enforcement of this ordinance in the Circuit Court or as otherwise authorized by law. Any fines which result from violations of this ordinance and any fines which are levied on designated properties for violations of any ordinance shall be placed in the Historic Preservation Trust Fund. 4.11.16 Incentives All properties designated as historic resources pursuant to this ordinance shall be eligible upon application by the owner(s) for any available financial assistance set aside for historic preservation by St. Lucie County contingent on the availability of funds and the scope of the project as described in the application. 4.11.17 Tax exemptions for rehabilitations to designated historic properties. (1) Scope of tax exemptions. A method is hereby created for the Board at its discretion to allow tax exemptions for the restoration, renovation, or rehabilitation of historic resources. The exemption shall apply to one hundred percent (100%) of the assessed value of all improvements to historic properties, which result from restoration, renovation, or rehabilitation made on or after the effective date of this ordinance. The exemption applies only to taxes levied by St. Lucie County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or _Section 12 Article VII of the Florida Constitution. The exemption does not apply to personal property. 35 (2) Duration of tax exemptions. Any exemption granted under this section to a particular property shall remain in effect for ten (10) years The Board shall have the discretion to set a lesser term. The term of the exemption shall be specified in the ordinance approving the exemption. The duration of the exemption as established in the ordinance granting the exemption shall continue regardless of any change in the authority of the County to grant such exemptions or any change in ownership of the property. In order to retain an exemption however, the historic character of the property, and improvements which qualified the property for an exemption, must be maintained in their historic state over the period for which the exemption was granted. (3) Eligible properties and improvements. Property is qualified for an exemption under this section if: a. At the time the exemption is granted the property: 1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or 2. Is identified as a contributing property in a National Register of Historic Places listed district; 3. Is individually listed in the St. Lucie County Register of Historic Places pursuant to this ordinance; 4. Is identified as a contributing property to a historic district, under the terms of the St. Lucie County Ordinance. b. The Historic Preservation Board has certified to the Board that the property for which an exemption is requested satisfies 4.11.08(4). (4) In order for an improvement to a historic property to qualify the Property for an exemption, the improvement must: a. Be consistent with the U.S. Secretary of the Interior's Standards for Rehabilitation; and b. Be determined by the St. Lucie County Historic Preservation Board to meet the criteria established in the Rule 1A-38, Florida Administrative Code. C. The St. Lucie County Historic Preservation Board has issued a_Special Certificate of Appropriateness for the proposed improvements. 36 (5) Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the Board a written application on a form prescribed by the Department of State. The application must include the following information: a. The name of the property owner and the location of the historic property; b. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; C. Proof, to the satisfaction of the Historic Preservation Board, that the property that is to be rehabilitated or restored has been designated historic pursuant to this ordinance; d. Proof, to the satisfaction of the Historic Preservation Board, that the improvements to the property will be consistent with the U.S. Secretary of Interior's Standards for Rehabilitation; e. Other information identified in appropriate Department of State regulations, or requested by the Historic Preservation Board; and f. A completed application for a Special Certificate of Appropriateness for the qualifying restoration or rehabilitation. (6) Required covenant. To qualify for an exemption, the property owner must enter into a covenant or agreement with the Board for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the Property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be binding on the current property owner, transferees, and their heirs, successors, or assigns. Violation of the covenant or agreement results in the propeqy owner being subject to the payment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12(3), Florida Statutes. (7) The Historic Preservation Board, or its successor, is designated to review applications for exemptions. The Historic Preservation Board must recommend that the Board grant or deny the exemption. Such reviews must be conducted in accordance with rules adopted by the Department of State. The 37 recommendation, and the reasons therefore must be provided to the applicant and to the Board before consideration of the application at an official meeting of the Board. (8) Approval by Board. A majority vote of the Board shall be required to approve a written application for exemption. Such exemption shall take effect on the January 1 following substantial completion of the improvement The Board shall include the following in the resolution approving the written application for exemption: b. The name of the owner and the address of the historic Property for which the exemption is granted; C. The period of time for which the exemption will remain in effect and the expiration date of the exemption; and d. A finding that the historic property meets the requirements of this ordinance. 4.11.18 Historic Village The Board of County Commissioners may establish a Historic Village for the placement of historic resources. PART C. The specific amendments to Chapter 1-10.2 of the St. Lucie County Code and Complied Laws to read as follows, include: Tr _- MIN. NOW- e- Me .. - -- - _ - 1110 OR -"w2m- ..IN_ 7.10M.TZ".7"MOVE 1 ORM I 1 1 I 1 .. . 1 1 . r 39 meme MIN ♦ r - r AM MMOMMEM. T. W WN 1 AIM~ lipAM Lftr_v� FA 43 43 57 1MI Nil III, - o.dod.. 1 !? 1 59 to allew tax - - 00 _ 16.0 "INTIMOTAn .. _ "'No. Of ' r-Tzlwn.%I - MO."- .11mm- PIN 14141 Nov PART D. The specific amendments to Chapter 1-16 of the St. Lucie County Code and Complied Laws to read as follows, include: ARTICLE I. Unchanged ARTICLE II. Unchanged ARTICLE 111. HISTORICAL GOMMISSIGN G� MW P.Xvz UM P.7m P.wz= I E MTK NMM'.Wm =2 NZYM.TMI 25 PART E. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART H. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX 65 Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts E through J shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney AGENDA REQUEST ITEM NO. VI-B7 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement SANDSCRUB, LLC 10415 Bluefield Road BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A DATE: July 7, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: JoAnn Riley . Property Acquisition Manager RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Sandscrub, LLC, authorize the Chair to execute the Agreement and direct Sandscrub, LLC to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [7(] APPROVED [ ] OTHER [ ] DENIED Approved 5-0 [x] County Attorney. Daniel S. McIntyre [x] Originating Dept: .J W+ JoAnn Riley Review and Approvals [x] Road and Bridge: D-P Don Pauley [x] Engineering: A `' P Mike Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: ' Don West [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 7, 2009 SUBJECT: Revocable License Agreement 5andscrub, LLC 10415 Bluefield Road BACKGROUND: 5andscrub, LLC owns property at 10415 Bluefield Road and would like to install a phone line to their house. The service terminal is located across .Bluefield Road. They are requesting permission, with a Revocable License Agreement, to install a utility conduit underneath Bluefield Road. A condition of the Revocable License Agreement is that if there is any washout or damage on the sides of the road caused by this installation, it will be the responsibility of the property owner to repair. The installation will be done by Embarq/Mastec. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement with 5andscrub, LLC, authorize the Chair to sign the Revocable License Agreement and direct 5andscrub, LLC to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, �J Ann Riley Property Acquisition Manager i i `�: G� � J��e `�:: Ch?z L lebee Oh b q Au-iheri 1 y rY�v 3 -7316; 3 y�-o RIUIip-(T-AV+ \) 1'ERVITFORM ISFI;ST\yT_1�Rl)t (fl :") � jI F 'I f7i�t. Tit \S ST, i.l i J_ CN ` Y is\(;i\l _,RJ\'G D1''11SIO lR(T,,1 P'.I.'1__ "tLi}ti12.1=1 P:JRt' F._ l he folic l int,_ inr rm itiun shall he pro6dd " h tiic al,},I,,,.1;1 i tll e or pi int is �1111tnz.tddrlSc fPq_I 13fuf. fie f- `ame or Applicant te�pons&je fcir � 'tili", after installat or:. �M����ii2G5.%eL _ i'11..ti_ , Atimate ,t['11Lr d �c:£- not take pc s;; ssion umiI al-C,,gmncc of work. '\a is of- ntrart r J- 11 o 092 -- Contractor s License \unlher C �ntractt�r , Field (-'i nta j Nanic t I_'olitracrtor is responsible lilr all conditions ol'this permit until ultimate metier Likes po,,,ession of utuit<. mitcc c.prescraxiNe respon-,Ne Cor nodR ing ;St. ULie t_,Jll!11_6 _' he?nip prior to `.v C}r); _ � tom' i . �s the Applicant. eke request pemusgion to crmstruct, operate and nmirtain_��}-} dmina�Te:tutiiin.)installalionisl(heretnaitertuas -- n;tallation I on road :mini c%urcoui in1tionurainuL�c..u-zi i'<. ..,ta Sri iii"v or casements deeded to or mairtained by St. Lucie Cotmt-, or dedicated to the puhlic in the unincurporatcd arex-i of'St. Lucie t c unto. ih.ruina<ter referred uY as "E tlunz ri•rhts-vf-tta}'� l.ix- txvn as P.i'. Proposed instal iation is sh %t n t±11 the mtaclled sketch (S�1 Uti <� .`t l-+' i3r.5rilail.^'.0 paper.';'hllh rt.I.:;t5 it, St Lated <utd,rtar<4�:.r and details the aspects of same That will disturb County maintained imprlivements ihcrc'ina er n rredto as "ln€pC�?l nrelliS'1. t , l� e shall comment, actin' zonstru.:tion off the permitted installation 'tithin I da.s .if7permit and t. ,Tlaz .vithin3I da} s thereof. Special conditions involved ,Nith this installation are as follotts: ALL RIGHT-OF-kNAY kl'ILL BE SODDED UNLESS 1UTLD o'nIERWISE i.)ur procecdin_S tsith installation of %vork covtred ht' this permit indicted our agi- ernent to comply with the --C€ uliilions of iigtrt-cf=�3'a� Permit" and other provisions stipulated herein bv the C-;ouniA.. Applicant_ G/�'__._ Title:/dlirl >3. Date: ----- THE FOL1.WNING TO 'BE CO_. PLETFJD BY THE C(fitNTY: Cn111r0t'elncros are planned or in process on aiare,tated riahu-of-wdy • res • MO P.(1pv.stJ installation is inaccorIance-withRc',isodSzaridard C:ount., Specification,, • ec=_ • rlQ Retiemed by Road &, 3riduc "t una_ Date T he aforestated installation cofisiru,:iizin is herehy perinitted undcr the following pros icicros: i o'-%RD OF COI FY [AVIE" l ('()t_ ";'II= L(IRID:k h\ t OUNn 1�11L�ineer - l nhjr�lna ltticial tub Dane: Sec rever c side fO C'_nd tiCro-, 0i Ri_11t-Of- t\ at 'ertnit" P'a_e 1 of- 4 This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and SANDSCRUB. LLC, whose mailing address is P.O. Box 1178, Fort Pierce, FL 34954 ("Owner"). WHEREAS, the Owner owns the property described as follows: LOCATION: 10415 Bluefield Road TAX I.D. 4109-311-0001-000/8 WHEREAS, the Owner desires to have Embarq/Mastec install a 2 inch PVC conduit for phone lines under Bluefield Road at a depth of 36 inches, which will encroach the entire width of Bluefield Road right- of-way. WHEREAS, the County is willing to permit the Owner to use Bluefield Road right-of-way to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. follows: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as The County agrees to grant the Owner a Revocable License Agreement for the purpose of providing a phone line (within a PVC conduit pipe) to his home on the west side of Bluefield Road from the terminal on the east side of Bluefield Road as indicated in the attached sketch and incorporated herein as Exhibit "A". The drilling must be performed by a licensed driller. The utility crossing will encroach the entire width of Bluefield Road right-of-way. This license shall extend only to the above -referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this License Agreement is to allow the Owner a means of providing phone service to their house on Bluefield Road. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to keep and maintain the PVC conduit pipe, which will contain phone lines under Bluefield Road, to adequately provide phone service to their property on Bluefield Road. Any washouts or damage on the sides of the road caused by this installation will be the responsibility of the applicant to repair. 4. The Owner is required to have a licensed driller install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a County Right -of -Way St Lucie County right-of-way permit is also needed. permit, Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the utility crossing, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Bluefield Road by the County. 10. The utility service, PVC conduit pipe containing phone line, shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) returnreceipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Sandcrub LLC P.O. Box 1178 Fort Pierce, FL 34954 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CL.Ej-,,K 'vyjTNESS: ess 77 r' 1 Witness'' STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SANDSCRUB LLC by; IT'S _ TO - The foregoing instrument was acknowledged before me this- day of o1Jj' , 2009, by JOHN F. WUCHTE, of SANDSCUB LLC it's •—, who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of -, A.D., 2009. Notary Public Stamp RY t JChA A. TA dJOA1 }'' Ev .1 L=o3,zota Signature of Notary Public "FAO + ;aCY'.hCTh:1: I. Nuta� Cisco : Asr:c. CO o _ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B8 DATE: July 7, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: "After the Fact" Revocable License Agreement Copper Creek HOA, Inc. Glades Cut -Off Road BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION See Attached Memorandum N/A N/A RECOMMENDATION: Staff recommends the Board approve the "After the Fact" Revocable License Agreement with Copper Creek HOA, Inc., authorize the Chair to execute the Agreement and direct Copper Creek HOA, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: �K] APPROVED [ ] DENIED [ ] OTHER _mil Approved 5-0 Faye W. Outlaw, MPA County Administrator [x] County Attorney: Daniel S. Mc ntyre [x] Originating Dept: 114-- JoAnn Riley Review and Approvals [x] Road and Bridge: D-Q Don Pauley [x] Engineering: M � Mike Powley [x] Public Works: R(A - Don West [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 7, 2009 SUBJECT: "After the Fact" Revocable License Agreement Copper Creek HOA, Inc. Glades Cut -Off Road BACKGROUND: Copper Creek has completed their offsite improvements along Glades Cut -Off Road. A small portion of the private improvement, a median bull nose curb, is located within the County right-of-way. Copper Creek HOA, Inc. is asking if the median bull nose curb can remain in the right-of-way. They are requesting an "After the Fact" Revocable License Agreement for the 2-inches of curb within the Glades Cut -Off right-of-way. Staff has reviewed the site and has no objections to the 2-inches of curb remaining in the Glades Cut -Off right-of-way. RECOMMENDATION: Staff recommends the Board approve the "After the Fact" Revocable License Agreement with Copper Creek HOA, Inc., authorize the Chair to execute the Agreement and direct Copper Creek HOA, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, C111yoAnn Riley Property Acquisition Manager _......._ _....__ - LN . NW OLD GROVE rl NW FARNSWORTH CIR Z` I O` 61 _. R r QO �� y Ck i � y v -- — ---- - --- -- i :c ? 6Met r , I April 24, 2009 VIA: HAND DELIVER Ms. Joanne Riley St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Copper Creek License Agreement Dear Ms. Riley: C U L P E P P E R & T E R P E N I N G, I N C Sender's Email: smaci-en �.ccmt C(DNS 'J�TI NG ENGINEERS LAND SL RV EYORS Project 03-045 The offsite improvements for the above referenced development have been completed along Glades -Cutoff Road. A small portion of a private improvement (median bull nose curb) is located within the County's Right -of -Way. Our client, Lennar Homes would rather not remove the section of curb within the Right -of -Way since it is such a small area. Mr. Craig Hauschild, P.E. suggested that Lennar enter into a License Agreement to allow the section of curb to remain. I have attached a picture of the section of curb (Photograph No. 8), which is located at the Marjorie Lane intersection with Glade Cutoff Road for clarity. Please advise us of the actions needed to enter into a License Agreement with St. Lucie County. Thank you for your assistance and should you have any questions or require additional information, please feel free to contact our office. Sincerely, CULPEPPER & TERPENING, INC. St n atthes, P.E. for Vi President End Cc: Robert Smith C'DOCURtE—I\smatthesULOCALS—I\Temp�ELFMO-3-045 SLC Prop Acq, 007, Riley, license agreement request. doc A LEGACY OF EXPERTISE AND EXCELLENCE 2960 SOUTH 25TH STREET FT. PIERCE, FL 34981 (772) 4 6 4 - 3 5 3 7 FAX (772) 464-9497 This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and COPPER CREEK HOA. INC., whose address is 730 NW 107th Avenue P Floor, Miami, FL 33172- 3161 ("Owner"). WHEREAS, the Owner owns the property described as follows: LOCATION: GLADES CUT-OFF ROAD TAX I.D. 3320-701-0001-000/1 WHEREAS, the Owner has requested an "After the Fact" Revocable License Agreement for a median bull nose curb approximately 2 inches in the County's right-of-way of Glades Cut -Off Road. WHEREAS, the County is willing to permit the Owner to encroach in the County's right-of-way of Glades Cut -Off Road for the purpose of the median bull nose curb, subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant the Owner an "After the Fact" Revocable License Agreement for the median bull nose curb in the right-of-way of Glades Cut -Off Road. This "After the Fact" Revocable License Agreement shall extend only to the above -referenced median bull nose curb and shall not extend to the construction and/or installation of any additional structures. See Figure 1 2. The sole purpose of this "After the Fact" Revocable License Agreement, is to allow the Owner permission to keep and maintain the median bull nose curb in the County's right-of-way. 3. Pursuant to the terms and conditions contained in this "After the Fact" Revocable License Agreement, the County authorizes the Owner to keep and maintain the median bull nose curb in the County's right-of-way of Glades Cut -Off Road. Any damage caused by and to this installation will be the responsibility of the applicant to repair. 4. The Owner installed the median bull nose curb in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and MOT Standards. 5. This "After the Fact" Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the encroachment, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the encroachment, the expiration of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned encroachment as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this "After the Fact" Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Glades Cut -Off Road by the County. 10. The median bull nose curb located at the western right-of-way line of Glades Cut -Off Road was constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the median bull nose curb for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Copper Creek HOA, Inc. 730 NW 107th Avenue 3`d Floor Miami, FL 33172-3161 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this "After the Fact' Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this "After the Fact" Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WI , 1SS: j -Bzr4,z PRINT ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COPPER CREEK A, INC. BY: jig!�-- 77 1 y It's:''/�: /i 31 7- The foregoing instrument was acknowledged before me this L day of as �Y" (V ?'Li of COPPER CREEK HOA, INC. roduced pe of identification) and who did take an oath. WITNESS my hand and official seal, this day of A.D., 2009. My commission expires: s TERESA A. BALUJA —� 1 ei. MY COMMISSION # DID 682513 j '; ✓� EXPIRES: June 16; 2011 �� n;,•^ Bonded Thru Notary Public Undorwdters r / Signat7fof Notary Public by and S �r ��ti. ��N..a�d.. � -*r �; � -�--w+ r r{�t cL, ray �y � ,r ' � r Jf f �: h J 1 It ` `il Y 1 J ... ..wry r�b,_a '7 n Y �,+� ! _ .r. �' ._.��'� f N TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-139 Date: July 7, 2009 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Cortez Village - Third Amendment to January 27, 2007 Agreement with Cortez Townhomes, LLC and Gregg R. Wexler BACKGROUND: See C.A. No. 09-0831 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the Agreement with Cortez Townhomes, L.L.C. and Gregg R. Wexler for Cortez Village, and authorize the Chair to sign the Third Amendment. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Daniel-5. McIntyre t4"k' r Sony Or-inating Dept.: Beth Ryder CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: purchasing: Other: Other: F. - _^ce k'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: 09-0831 DATE: June 25, 2009 SUBJECT: Cortez Village - Third Amendment to June 23, 2007 Agreement with Cortez Townhomes, L.L.C. and Gregg R. Wexler BACKGROUND: On June 23, 2007, the County entered into an agreement with Cortez Townhomes, L.L.C. and Gregg R. Wexler which provided for the development of the Cortez Townhomes project using Hurricane Housing Recovery Plan grant funds. Pursuant to the agreement, the developer was required to designate fifteen units for sale to persons meeting the income guidelines for Very Low Income, Low Income and Moderate Income as determined by the Florida Housing Finance Corporation for St. Lucie County. On March 25, 2008, the Board of County Commissioners approved the First Amendment to the Agreement to extend the time for completion of the project to June 30, 2008. Due to delays in permitting related to roadway improvements, the developer requested and received a Second Amendment to the Agreement to extend the completion date to June 30, 2009. The amendment provides for the County to further extend this date at its discretion subject to the approval of Florida Housing Finance Corporation which provided grant funding for the project. Florida Housing Finance Corporation has approved an extension for completion through and including June 30, 2010. Due to shifts in the housing market, the developer has begun to rent the units in addition to offering units for sale. This use is permitted under the grant guidelines, but it is necessary to amend the Agreement to provide for rentals as well as sales. A copy of the proposed Third Amendment is attached. RECOMMENDATION/CONCLUSION, Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the Agreement with Cortez Townhomes, L.L.C. and Gregg R. Wexler for Cortez Village, and authorize the Chair to sign the Third Amendment. r• Attachment HY/ Copies to: County Administrator Community Services Director Finance Director Management and Budget Director Respectfully submitted, Heather Young Assistant County Attorney C07-01-021 THIRD AMENDMENT TO JUNE 23, 2007 AGREEMENT THIS THIRD AMENDMENT is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), CORTEZ TOWNHOMES, L.L.C. ("Cortez"), and GREGG R. WEXLER ("Developer"). WHEREAS, on January 23, 2007, the County, Cortez, and Developer entered into an Agreement whereby the Developer agreed to construct a housing project to be known as "Cortez Townhomes", now known as "Cortez Village", in accordance with the plans and specifications approved by the County on real property located in St. Lucie County, Florida. WHEREAS, on March 25, 2008, the parties entered into a First Amendment to extend the term of the contract through and including June 30, 2008. WHEREAS, the parties desire to further County desires to amend the termination dated through and including May 30, 2009. IN CONSIDERATION of the premises and mutual benefits received by each part, the parties mutually agree as follows: 1. SECTION 4,COMPLETION OF THE PROJECT, of the Agreement is hereby amended to read as follows: 4. COMPLETION OF THE PROJECT Cortez shall complete the work on the Project and obtain the final certificate of occupancy prior to May 31, 2009 2010, subject to extension at the discretion of the County as approved by the Florida Housing Finance Corporation. 2. SECTION 5,RESPONSIBILITIES OF CORTEZ, of the Agreement is hereby amended by amending Subsection 5.F to read as follows: 5. RESPONSIBILITIES OF CORTEZ F. Cortez shall record a restrictive covenant, in a form acceptable to the County Attorney and Century Bank, F.5.B. (hereinafter referred to as the "Bank"), in the public records of St. Lucie County, Florida, restricting a minimum of fifteen (15) units in the Y Project for sale or rent to individuals meeting the income guidelines for Very Low Income, Low Income and/or Moderate Income persons as determined by the Florida Housing Finance Corporation guidelines for St. Lucie County. Cortez shall record such restrictive covenant and shall provide the County and Century Bank, F.5.13. with a copy of the recorded restrictive covenant. The restrictive covenant shall be enforceable by the County; provided, however, the restrictive covenants and the County's and Cortez's rights, title and interest therein, shall be subordinate in all respects to the lien of the Mortgage (as defined herein). Prior to submitting the request for final payment hereunder, Cortez shall amend the restrictive covenant to identify the specific units subject to its provisions and shall record such amendment in the public records of St. Lucie County, Florida. 3. All other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CORTEZ TOWNHOMES, L.L.C. BY: MANAGING PARTNER 2 WITNESSES: GREGG R. WEXLER BY: GREGG R. WEXLER AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Amendment Number Four to Lease Number 3510 Green Turtle Beach/John Brooks Park BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B10 DATE: July 7, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager December 5, 1989 - Board of County Commissioners entered into a 50-year lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Green Turtle Beach/John Brooks Park. February 25, 1992 - Board of County Commissioners approved Amendment Number One to add additional property to Lease No. 3510. July 22, 1997 - Board of County Commissioners approved Amendment Number Two to add additional property to Lease No. 3510. November 25, 1997 - Board of County Commissioners approved Amendment Number Three to add additional property to Lease No. 3510. RECOMMENDATION: Staff recommends that the Board approve Amendment Number Four to Lease Number 3510, authorize the Chair to sign the Amendment and direct staff to return the Amendment to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. COMMISSION ACTION: D(] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel S. McIntyre [x] Originating Dept:.]" JoAnn Riley Review and Approvals [ ] Road and Bridge: [ ] Mosquito Control: CONCURRENCE: Faye W. Outlaw, MPA County Administrator [ ] Public Works: [ ] Environmental: 5:\ACQ\WP\JoAnn\Green Turtle Beach\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 7, 2009 SUBJECT: Amendment Number Four to Lease Number 3510 Green Turtle Beach/John Brooks Park BACKGROUND: On December 5, 1989, the Board of County Commissioners entered into a 50-year lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Green Turtle Beach/John Brooks Park. On February 25, 1992, the Board of County Commissioners approved Amendment Number One to add additional property to Lease No. 3510. On July 22, 1997, the Board of County Commissioners approved Amendment Number Two to add additional property to Lease No. 3510. On November 25, 1997, the Board of County Commissioners approved Amendment Number Three to add additional property to Lease No. 3510. Amendment Number Four will add an additional .70 acres to the Green Turtle Beach/John Brooks Park. This area is managed by the Mosquito Control District who has no objections to the Lease being increased by .70 acres. RECOMMENDATION: Staff recommends that the Board approve Amendment Number Four to Lease Number 3510, authorize the Chair to sign the Amendment and direct staff to return the Amendment to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Respectfully submitted, Ann Riley Property Acquisition Manager 5AACQ\WP\JoAnn\Green Turtle Beach\Agenda Memo.wpd iwK a e.d' • • • � I f tiY I� � � JI• Y •Yr .. v Ry� . J 'S . i � �" N✓� f ,� L A•� Y � .u. } e f 1 J � r F .a ? $•f f Y +„ h y.e f F+ i F*Wi d ?J Ci t au7 ry ya kry 9 h'� a1 1 b ^ y� d �1?�`�'1�i4 .'!�,%p�,R' 4., i' .'. �^`N�Z'�6 - iy: "'+� • f�°�iel��ei�:�.�a,�r - LLr�1 COCONOT'DR' Ll I L LIJ 49 0 F-7 ------ ATL1 0.70 Acres BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AMENDMENT NUMBER FOUR TO LEASE NUMBER 3510 GREEN TURTLE BEACH/JOHN BROOKS PARR THIS LEASE AMENDMENT is entered into this day of 2009, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR" and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "LESSEE"; W I T N E S S E T H WHEREAS, LESSOR, by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, on December 5, 1989, LESSOR and LESSEE entered into Lease Number 3510; and WHEREAS, LESSOR and LESSEE desire to amend the lease to add land to the leased premises. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The legal description of the leased premises set forth in Exhibit "A" of Lease Number 3510 is hereby amended to include the real property described in Exhibit "A" attached hereto, and by reference made a part hereof. 2. It is understood and agreed by LESSOR and LESSEE that in each and every respect the terms of the Lease Number 3510, except as amended, shall remain unchanged and in full force and effect and the same are hereby ratified, approved and confirmed by LESSOR and LESSEE. 3. It is understood and agreed by LESSOR and LESSEE that this Amendment Number FOUR to Lease Number 3510 is hereby binding upon the parties hereto and their successors and assigns. Rev 3/07 IN WITNESS WHEREOF, the parties have caused this lease amendment to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) Witness GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND Print/Type Witness Name ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Witness "LESSOR" Print/Type Witness Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 2009, by Gloria C. Barber, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 2 of 5 Pages Amendment Number FOUR to Lease No.3510 Witness Print/Type Witness Name Witness Print/Type Witness Name ST. LUCIE COUNTY, FLORIDA By its Board of County Commissioners By: Print/Type Name Title: OFFICIAL SEAL ATTEST: County Administration and Ex-Officio Clerk of the Board of County Commissioners of St. Lucie County "LESSEE" STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2009, by , and as and respectively, on behalf of the Board of County Commissioners of St. Lucie County, Florida. They are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 3 of 5 Pages Amendment Number FOUR to Lease No.3510 :•7'his7nstrument Prepared By and Please Return To: Kara S. Milbrandt It DOC ASSUMP% $ 0.00 American Government Services Corporation i Doc Tax $ n • 80 2901 W. Busch Blvd., Ste.910 # Int Tax $ 0.00 Tampa, Florida 33618 AHT # 8745 Exhibit "A" Page 4 of 5 Pages Amendment Number 4 to Lease No. 3510 WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) THIS INDENTURE, made this _ day of , A.D. 2001, between First Presbyterian Church of Franklin, Inc., a North Carolina Corporation, whose post office address is 45 Church St, rc Franklin NC 28734-2946, grantor, and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 115, Tallahassee, FL 32399-3000, grantee, (Wherever used herein the terms "grantor" and "grantee" include ail the parties to this instrument and their legal representatives, successors and assigns. "Grantor" and "grantee" are used for singular and plural, as the contest requires and the use of any gender shall include all genders.) WITNESSETH: That the said grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained r and sold to the said grantee, and grantee's successors and assigns forever, the following described land situate, lying and being in r- Z St. Lucie County, Florida, to -wit: 0 U w U REOF SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HE Property Appraiser's Parcel Identification Number. 2412-802-0217-000/7 z '-' This conveyance is subject to easements, restrictions, limitations, and conditions of record if any now exist, but any such co interests that may have been terminated are not hereby re -imposed M r ID AND the said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims o all w persons whomsoever. C,J <r IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal, the day and year first above written. vv Signed, sealed and delivered in the presence Of. First Presbyterian Church of Franklin, Inc., a North cc 1-1 Carolina corporation Cr Bill Alger X^ ps l'residctit:' . tom.. o � 4gLfF.st Witness) .. ' ; .� 'i� ,• �-, T o � This property was acquircJ with flrndg:Proviiled:', ..:•.;,. •,,, ..y,.'�'� ;, . . 1 r�r / p _ .'eta cc �L by tltc U.J_ Ucpattntcm of Iatctitx, Ftsisand ' .:ti> . a t Print, name of First Witness Waldlil'c Service, pursuant to the Coastal WeltaQd3 . Planning, Protection, and Restoraliori-Acl sve,r (Section 301, Title 1191 Publ L_ oand will he nano ed in f perpetuity [ofaie �..� o n 0igiia4toreVo_fSeco Witness) prottxdOn of coastal wetland: aogioted accordance with applicable fe0aal atid`ilaC�ir : c �or Printed name of Second Witness CO•ar (CORPORATErSEAT)t._:af ti W tY +�,%?•�• ' •'.:j'' �tgthutunstu ,. . STATE OF NC COUNTY OF ('n ine7�/ r,. •r,a�. The foregoing instrument was acknowledged before me this —a_kT4 day of Ti'rn he ,12001, by Bill Alger, as President of First Presbyterian Church of Franklin, Inc., a North Carolina corporation, on behalf of said corporation. Such person (notary Public must check applicable box): (�is personally known to me O produced a current driver's license produced as identification ti `Far.: w'' �C ';�':••.,.�. �. �' ublk Nota .Ca f:.. •.� T£• NOTdARF.P.UBLIC SAL), =. .,;,w• � (Printed, Typed or stamped Name of Notary Public) Commission No.: Approved Commission Expires: Post Closing t . JLk"-31-2001 10:00 .2633 P.02 Og BOOK 1447 PACE 2633 EXHIBIT "A" Lots 17,18,19, and 20, Block• 11 ' Replat of Surfside Plaza, Unit 1 as recorded in Plat Book 8, Page 7, of the Public Records of St. Lucie County, Florida, I n Sections) 13; Township 35 South; Range(s) 40 Past; St. Lucie County IadizA Rivor eluexay/Best Point Ronkgn Presbyterlan CWFOh, 01b; 353341 PARCEL 10- 24279 page '1 of 1 '17" I Exhibit "A" Page 5 of 5 Pages Amendment Number 4 to Lease No. 3510 TOTAL P.02 'VK AGENDA REQUEST ITEM NO. VI-B11 Date: July 7, 2009 Regular [ ] Public Hearing [ ] Consent[X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young -14- Assistant County Attorney SUBJECT: Intermodal Transit Facility - Interlocal Agreement with Fort Pierce Redevelopment Agency BACKGROUND: See C.A. No. 09-0837 FUNDS AVAIL.(State type & No. of transaction or N/A): Account Nos.130204-4910-334493-400 (FDOT), 130204-4910-337910-400 (FPRA), and 130204-4910-599330-400 (Transit MSTU) RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Interlocal Agreement with the Fort Pierce Redevelopment Agency for the Intermodal Transit Facility, and authorize the Chair to sign the Interlocal Agreement. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ 1 OTHER: Approved 5-0 I'. County Attorney: Daniel 5. McIntyre Or�;irating Dept.:c�� Beth Ryder _. ce (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Si not es Mgt. & Budget: Purchasing: Marie Gouin Other: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO. 09-0837 DATE: June 29, 2009 SUBJECT: Intermodal Transit Facility - Interlocal Agreement with Fort Pierce Redevelopment Agency BACKGROUND: Attached to this memorandum is a copy of the proposed Interlocal Agreement with the Fort Pierce Redevelopment Agency for the design, construction and operation of the Intermodal Transit Facility to be located at the southeast corner of North 8th Street and Avenue D in Fort Pierce. Pursuant to the Agreement, FPRA will contribute $850,000.00 to the project. This includes the $69,475.00 already contributed towards the purchase of the property for the facility. The County will be responsible for the remainder of the cost in the amount of $2,425,000.00. The County's contribution will be funded by federal and state grants as well as the Transit MSTU and impact fees. Once completed, the facility will be staffed by the County's transit provider and maintained by the County. In the event, the County decides to discontinue the use of the facility for transit, the Agreement provides for the County to first offer it for sale to the FPRA with a credit for the FPRA contribution and subject to any grant restrictions regarding resale of the property. RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners approve the proposed Interlocal Agreement with the Fort Pierce Redevelopment Agency for the Intermodal Transit Facility, and authorize the Chair to sign the Interlocal Agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Services Director Finance Director Management and Budget Director INTERLOCAL AGREEMENT BETWEEN FORT PIERCE REDEVELOPMENT AGENCY AND ST. LUCIE COUNTY (AVENUE D & 8T" STREET INTERMODAL PROJECT) THIS AGREEMENT (the "Agreement") is made and entered into this day of , 2009, by and between the Fort Pierce Redevelopment Agency, a dependent special district of the City of Fort Pierce (hereinafter the "FPRA"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the FPRA are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the FPRA is dedicated to the revitalization of the Moore's Creek neighborhood and the County and the FPRA have agreed to work together to implement and support public transportation services within the redevelopment district; and, WHEREAS, in support of the Moore's Creek project, the County and the FPRA have agreed to cooperate in the design and construction of a pedestrian accessible transit transfer facility, to be known as the St. Lucie Intermodal Transfer Facility (hereinafter the "Facility") to be located on certain property identified in the legal description attached hereto and incorporated herein as Exhibit "A" (hereinafter the "Site); and, NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 1 2. COUNTY'S RESPONSIBITLITIES A. The parties acknowledge and agree the County has acquired the Site, in accordance with the terms and conditions of the Joint Participation Agreement between the Florida Department of Transportation and the County (FM # 417268- 1-94-01). B. The County acknowledges that the property where the facility is located is within the "Avenue D Historic District". The County shall comply with all provisions of Chapter 23 of the City of Fort Pierce Code and shall apply for and present a proposed facility design to the City's Historic Preservation Board for a Certificate of Approval in conformance with City of Fort Pierce Code during the preliminary architectural design phase. C. The County shall issue a Request for Qualifications ("RFQ") for the design of the Facility. A representative of the FPRA shall fully participate on the selection committee which reviews the responses to the RFQ. The recommendation of the Selection Committee to the Board of County Commissioners shall be subject to the concurrence of the FPRA Director which shall not be unreasonably withheld. The Board of County Commissioners shall select the architect. The County shall enter into an agreement with the successful respondent to the RFQ. The County shall provide a copy of the fully executed agreement to the FPRA within ten (10) days of its execution. D. The County Administrator shall designate a County Project Manager who shall provide monthly progress reports to the FPRA Director or his designee during design and construction of the project. E. Except as other provided herein, the County shall be responsible for maintenance and operational expenses of the Facility. The County shall determine the appropriate level of staffing for the Facility, but in no event will County staffing at the Facility be fewer than one (1) person at any time the Facility is open to the public. At its option, the County may contract with a third party to provide such services as deemed necessary. The County shall provide the FPRA with copies of any such third party agreements. F. The County shall provide funding for the Project with a combination of other sources as follows: (1) $750,000.00 Construction (2) $250,000.00 Construction (FDOT JPA) - (Transit MSTU) Acquisition, Design and - Acquisition, Design (3) $1,425,000.000 (Road Impact Fees and/or State/Federal Grants) - Design and Construction The parties acknowledge and agree these funds constitute the total funds available by the County for construction of this project. G. In consideration of the total financial contribution of the FPRA towards both purchasing the land and building the Facility, County agrees that in the event that the Facility ceases operations or the services are relocated, or in the event that the County should sell the property, the County, shall first offer to sell the land and improvements to the FPRA at a price which gives credit against the agreed upon purchase price in an amount equal to the eight hundred fifty thousand and 00/100 dollars ($850,000.00) contribution to the project from the FPRA as set forth below in Paragraph 3.A., subject to conformance with any restrictions placed upon the purchase price and sale by any grant funding agency, including but not limited to repayment of grant funds by the County to a grant funding agency. This provision shall survive termination of this Agreement. 3. FPRA'S RESPONSIBILITIES A. Within thirty (30) days after the receipt of an invoice and progress report from the County, the FPRA will reimburse St. Lucie County as set forth below: (1) $30,525.00 - Site acquisition (The parties acknowledge and agree the FPRA has previously paid $69,475.00 to County for site acquisition to date) (2) $750,000 Design and Construction The check shall be made payable to St. Lucie County and shall be delivered to the Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida 34982. B. FPRA shall appoint a representative to the RFQ Selection Committee. A representative of the FPRA shall fully participate on the selection committee which reviews the responses to the RFQ. The recommendation of the Selection Committee to the Board of County Commissioners shall be subject to the concurrence of the FPRA Director, such approval to not be unreasonably withheld. The Board of County Commissioners shall select the architect. C. FPRA shall appoint a Project Manager to coordinate construction of the Facility with the County. 4. TITLE TO PROJECT SITE The parties acknowledge subject to the terms of this Agreement that the Project Site, and the Facility upon completion will be titled in the County's name. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the FPRA approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties as herein provided. Either party may terminate the Agreement with one year's prior written notice to the other party; in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 7. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the FPRA: Executive Director Fort Pierce Redevelopment Agency Fort Pierce City Hall 100 North U.S. 1 Fort Pierce, Florida 34950 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: City Attorney Fort Pierce City Hall 100 North U.S. 1 Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 91 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 11. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. [The next page is the signature page.] 5 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. ATTEST: Jon Ward,FPRA Director Secretary ATTEST: Deputy Clerk g:\atty\agreement\interloc\fpra.intermodal.final.doc FORT PIERCE REDEVELOPMENT AGENCY BY: Robert J. Benton, III, Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS BY: Robert V. Schwerer, Esq. Agency Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: i County Attorney RISEDEV ITEM NO. VI-C1 DATE: 07/07/09 ',COUNTY • I , A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ' Diana D. Le � SUBMITTED BY: Airport Airport Director /L/ SUBJECT: Bid No. 09-031, Existing Runway 9/27 Rehabilitation Conditional Award BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Pending BOCC approval. PREVIOUS ACTION: September 12, 2006 — Board accepted a Florida Department of Transportation grant for the design of the runway rehabilitation project at a cost of $375,000. July 3, 2007 — Board approved DMJM Aviation Work Authorization No. 1 for design services at a cost of $348,645.68. May 19, 2009 — Board authorized submission of the runway rehabilitation grant application to the FAA. RECOMMENDATION: Board approval to conditionally award Bid No. 09-031, Runway Rehabilitation, to Ranger Construction Inc., in the amount of $2,126,256.50, pending award of the FAA and FDOT grants, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA PP County Administrator Coordination/Signatures County Attorney " gJ-h Da el McIntyre Heather Young Purchasing ( ) a Fpp Desiree Cimino OMB Director Budget Analyst Marie Gouin Patty Marston ERD ( ) 7ru COUNTY F L O R I D A TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Dir • r DATE: July 7, 2009 AIRPORT MEMORANDUM SUBJECT: Bid No. 09-031, Existing Runway 9/27 Rehabilitation Conditional Award ITEM NO. VI-Cl Background: The existing Runway 9/27 rehabilitation project consists of the milling and overlay of this asphalt runway, which was last done in 1986. Bids for the project were opened on May 6, 2009. Four hundred seventy-seven (477) companies were notified and thirty-two (32) sets of bid documents were issued. Three (3) bids were received and are summarized in Attachment A. Two of the three companies that bid are located within St. Lucie County. DMJM Aviation, the project consultant, determined that Ranger Construction Inc. had the lowest, responsive, responsible bid. The funding for this project for $4,386,870 was approved by the Board under the FY2009 Capital Budget Plan anticipating a Federal Aviation Administration (FAA) grant of $4,167,526, a Florida Department of Transportation (FDOT) grant of $109,672, and a local match of $109,672. According to FAA requirements, a grant application for construction must be based on actual bids. The grant application was submitted to the FAA on May 27, 2009 based on the bid and additional consultant services for a total project cost of $2,192,067. This includes an FAA grant of $2,012,772, a FDOT grant of $89,648, and a local match of $89,648. Due to statewide funding changes within FDOT, the FDOT portion of the grant will be a 50/50 match. FDOT has this project in their Work Program to fund based on the FAA funding participation for up to 100 ft width with FDOT picking up the difference in funding for the additional 50 ft. width. Although staff is recommending moving forward with the award, the asphalt milling and overlay contract associated with the bid award will not be issued or approved, including issuance of a notice to proceed or Purchase Order, until after the funding is in place. All prospective bidders were informed that they would need to hold their prices for 180 days in anticipation of receiving a grant. Recommendatiorl Board approval to conditionally award Bid No. 09-031, Runway Rehabilitation, to Ranger Construction Inc., in the amount of $2,126,256.50, pending award of the FAA and FDOT grants, and authorization for the Chair to sign documents as approved by the County Attorney. n A cn v 0 0 cn 0 z O N n 00 Z 0 *zzz c.cQcr m m m 0 t � � Q. Q U n d v°, °' 3 0 CD n C 3:�.3N r o_ En vi C. cr W A W N V 0 r-"0 0 0 0 0 m XNr- r, -jr, r- � Zoo a �o ca v00)m 0° m n OZD -i Z° o -�oo-0 m Xzca WM z z zW m v� 4 a cn y n m a;0 Z v O 0 m v rA 60) f s cys ►� y w ei A N N k N w �o N Nth ch 0 o g o o U o a as Q� A EA n °z o y � L41 A O EA ON v z i ee ►1 rD o � z k^ 12jy W,4nn N N O km 2m00 :9 LA aN max. ON i.A% Q0 CD O LAp LA Q O r.1 Q �..► Q o o g CD -j6 o n 0 0 0 0j, Q w � a. b O C z19 es b y 6s r� ts� bs �y w�dC tom �--� N A N � �-+ ? � w N � � -4-4 � N �N iQ! ►�) 00 W U, O 0 O y �' L �� o 0 0 0 0 O cz r 0 O - z D>. n cn m om m i z� vp > to o C N ;o om CO D >W N _ oD i z 0 C z a X N 4 r n O W 0a Ov ZO Z-4-n m maa D z z ITEM NO. VI-D1 � ' '� - DATE: 7/7/2009 s . A AGENDA REQUEST REGULAR ( ) -- - -_ = PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYE Donald Pauley SUBMITTED BY: Public Works — Road & Bridge Road & Bridge Manager SUBJECT: Sole source purchase of video detection systems for traffic signals. 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 June 6, 2009 — Board approved First Amendment to the JPA RECOMMENDATION: Board approval of a sole source purchase, not to exceed $200,000, of video detection systems for traffic signals with Econolite Control Products, Inc. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( X ) k, Dan McIntyre Originating Dept. ( X) Donald Pauley CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director (X) Budget Analyst 6j,) Marie Gouin Tawonna Johnson Public Works ( X ) Do West 1 Road & Bridge Division MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Director(4 FROM: Donald Pauley, Road & Bridge Manager DATE: July 7, 2009 SUBJECT: Source purchase of video detection systems for traffic signals. ITEM NO. VI-D1 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 & A-2). This agreement (C08-07-308) is for the enhancement of the computerized Traffic Signal System in the unincorporated County. On June 6, 2009 the Board also approved an amendment to this agreement (See attached A-3). The proposed changes included the following: 1.) Allowing the County to use the $200,000 from 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. In order for the Road & Bridge Traffic Division to purchase the video detection systems for these ten signalizated intersections (See attached A-5), the Board would need to approve a sole source purchase from Econolite Control Products, Inc. Econolite is the sole provider and manufacturer of any and all Econolite products in Florida (See attached A-4). The St. Lucie County traffic system is functioning on all Econolite products; therefore, to upgrade any of this equipment, it must be Econolite products. Recommendation Board approval of a sole source purchase, not to exceed $200,000, of video detection systems for traffic signals with Econolite Control Products, Inc. 2 AV AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION ITEM NO. Fri DATE: July 1, 2008 REGULAR I [ PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Donald Pauley FoA- 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, BACKGROUND: See attached memorandum. FUNDS AVAILABLE: No match. 100% funding by FDOT. PREVIOUS ACTION: NIA 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 Signal Systems. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [ X ) County Attorney [ X I originating Dept. Public Works ( X) Finance (Check for cop onty, f applicable) Douglas- M. Anderson County Administrator Coordination/Signatures [ X ] Mgt. 8 Budget Pao Purchasing:_ ( ) County Engineer [ I Other: 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. �A AGENDA REQUEST COUNTY F L O R 1 D A TO: BOARD OF COUNTY COMMISSIONERS NO. VI-E2 TE: September 2, 2008 GULAR [ ] C HEARING ( ] :NT (X] SUBMITTED BY: ROAD & BRIDGE (4109) PRESENTE BYE- -Y?L - sLNIC- Road & Bridge Manag SUBJECT: Approval of Budget Resolution 08-216 from the State of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for fundsi the amount of $350,000 to enhance the operation of the County's computerized Traffic Signal sy tem. BACKGROUND: See attached memorandum. Ap FUNDS WILL BE MADE AVAILABLE IN: 101219-4109-553110-400 JPA - Traffic Signal Maintenance PREVIOUS ACTION: On 7/l/08 Board approved the Joint Participation Agreement and Resolution RECOMMENDATION: Approval of Budget Resolution 08-216 from the' Transportation (FDOT) Joint Participation Agreement (JPA) for funds in the enhance the operation of the County's computerized Traffic Signal system. #08-211 (Agenda F5). of Florida Department of unt of $350,000 to CONLMISSION ACTION: ( APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou las M. Anderson Co Administrator Coordination/Signatures County Attorney: ' 4 Management & Budget & Purchasing: Dan McIntyre "14O 0, I'm J46 &-t o. Marie Gouin Originating Dept Public Works: Don Pauley Doi !d B. West Finance: (Check for Copy only, if applicable) A2 O • ' ° DATE: 11. QUASI-JDPUBLIC HEARING 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: (>O APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sici natures County Attorney ( X) OMB Director Budget Analyst Dan McIntyre Originating Dept. ( X ) Public Works Donald Pauley M X �n Marie Gouin Tawonna Johnson (X) 0 ' on West EECONOLITE To: St Lucie County Purchasing Ann Amandro From: Chris Carline Econolite Control Products, Inc. Date: 5/18/09 Re: Sole Source To whom it may concern, This letter is to verify that Econolite Control Products, Inc. Located at PO Box 550897 Jacksonville, Florida 32255 is the sole provider and manufacturer of any and all, "Econolite" products in the state of Florida. This would include cabinets (TS1 and TS2), Controllers, Suitcase Testers, ARIES'" and icons r'"software, Autoscope SOLO PROTM video detection, Econolite Signals, BIU's, Load Switches, Power Supplies and any other products with the EconoliteTm name. This also includes any products or licensing that would be associated with Econolite proprietary products. Example: ARIESTM software upgrades can only be purchased through Econolite as the software is registered, trademarked and distributed only by Econolite. Econolite is the manufacturer and sole distributor of AutoscopeTM products in the United States. If you have any questions concerning this matter, please feel free to contact me at (904) 448-5619. We appreciate the opportunity for your business! Thank You, c4_&14_ 6m,"e, Chris Carline Econolite Control Products, Inc. South East District Manager ** Please note new local address** P.O. Box 550897 + Jacksonville, FL 32255 + Cell. (904) 318-7153 PH: (904) 448-5619 + FAX: (904) 212-1320 + www.econolite.com +ccarline@econolite.com ® A� The following ten intersections do not have video detection systems., SR5 (US1) @ Savannah Club Blvd SR5 (US1) @ N A-1-A SR 713 (Kings Hwy) @ Winter Garden Pkwy SR 713 (King's Hwy) @ Indrio Rd SR 713 (King's Hwy) @ Angle Rd SR 713 (King's Hwy) @ SR 68 (Orange Ave) SR 68 (Orange Ave) @ Jenkins Rd SR 68 (Orange Ave) @ Hartman Rd SR 615 (25t' St) @ Juanita Ave SR 615 (25t" St) @ St. Lucie Blvd A5 (4-leg intersection) (4-leg intersection) (4-leg intersection) (4-leg intersection) (4-leg intersection) (4-leg intersection) (4-leg intersection) (3-leg intersection) (4-leg intersection) (4-leg intersection) ITEM NO. VI-D2 - - - DATE: 7/7/2009 'COUNTY LORI ' 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 r"r' SUBJECT: Taylor Creek Site 7 Emergency Shoreline Stabilization Repair Project. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: USDA/NRCS Grant -Tropical Storm Fay Damage - Fay -Taylor Creek Shoreline -Site 7, account no. - 001507-4115-563000-19014k. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Approval to accept the Taylor Creek Site 7 Emergency Shoreline Stabilization repair project; approval of Change Order No. 1 in the amount of $27,635.68, approval of final payment and release of retainage in the amount of $403,765.33 to Ranger Construction, Inc. (Contact #-09-04-126). COMMISSION ACTION: CONCURRENCE: (X APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator /� Coordination/Signatures County Attorney ( X) �'"� Daniel McIntyre Originating Dept. ( X) Don Id B. West OMB Director ( X) Budget Analyst Al� Mae oui ERD ( ) Karen Smith COUNTY F LORI D A -40 Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: July 7, 2009 C SUBJECT: Taylor Creek Site 7 Emergency Shoreline Stabilization Repair Project. ITEM NO. VI-D2 Background: During Tropical Storm Fay, the "Site 7" shoreline along Taylor Creek collapsed due to severe erosion. County Staff was successful in securing an Emergency Watershed Protection Grant in the amount of $3,484,246 from the USDA/NRCS to repair the damaged shoreline. A bulkhead structure was required to stabilize the "Site 7" shoreline due to the excessive water depth at this location. Scouring action from the SFWMD C-25 spillway discharges also contributed to the erosion. A steel sheet pile bulkhead with concrete cap was constructed, with a stone revetment placed along the waterward face. The project was constructed and completed by June 18, 2009, to meet the grant contract schedule. Therefore, a Emergency Action was declared on February 17, 2009, to waive the formal bidding process, and seek quotes from Contractors. Change Order No. 1 involves reconciling the quantities in the field with the quantities in the contract. Previous Action December 2, 2008 - Approval of Grant Contract with USDA/NRCS Emergency Watershed Protection Program in the amount of $3,484,246.00 (75%) for repair cost for Verada Ditch and Taylor Creek "Site7". January 13, 2009 - Approval of Work Authorization No. 10 with Dredging and Marine Consultants, LLC. in the amount of $185,100.00 for Design and Permitting of "Site 7" repairs. February 17, 2009 - Declaration of Emergency and waiver of the formal bidding process. March 3, 2009 - Approval of supplemental JPA No. 1 with FDOT for Taylor Creek Emergency Shoreline Repair "Site 7". March 10, 2009 - Approval of extended work hours for emergency repairs to Taylor Creek Shoreline "Site 7". April 7, 2009 - Approval of emergency construction contract with Ranger Industries Inc for the Emergency Repairs to Taylor Creek Shoreline "Site 7". Recommendation Approval to accept the Taylor Creek Site 7 Emergency Shoreline Stabilization repair project; approval of Change Order No. 1 in the amount of $27,635.68, approval of final payment and release of retainage in the amount of $403,765.33 to Ranger Construction, Inc. (Contact #-09-04-126). P. PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Susan Durden, Executive Secretary SUBJECT: Final Pay and Release of Lien for Ranger Construction Industries, Inc. DATE: June 23, 2009 Dan, would you please review the attached final bill and release of lien for Ranger Construction Industries, Inc., so that we may take this to the BOCC for final payment and release of retainage. Thank You. JUN- 18-00 03:05PM FROM- T-582 P.002/002 F-619 t RANGER CONSTRUCTION INDUSTRIES, INC. FINAL RELEASE AND WAIVER OF CLAM The undersigned Iienor, In consideration ofihe sum ofi'VQ.%) who has under agreemcni with Ranger Construction Industries, Inc., furnished cartain materials, equipment, services and/or labor in connection with the construction to the 1101lowing described property: Juylor rmotc Emergen erosion Repair , RCl jobil 320.0021 which Is being built for St. Lucie Ceuta— (Owner/General Contractor) pursuant to Owncr/General Contractor's agreement with Ranger Construction industries, Tne., furnisher hereby represents all arnounts due and owed to it by Contractor, arising out of or in connection with Its Annishing of materials, equipnt-�nT, services and/or labor in uonncction with ConlrnCtor's work on the said Project havc been paid in fill Furnisher dots hereby waivc, release and relinquish any and all rights, ctahns, demands, liens, elainic for rLlitf causes of action and the like, whether arising: at law, under a contract, in tort, In equity or otherwise, which Furnisher has now or may have had against Contactor, It's Surety, or Owner arising out of its furniAinl. rf materials, equipment, services and/or labor to Contractor in connection with the Project through the date stated above, Furthermore, furnisher understands and acknowledges that Contractor is relying upon the representations herein made as a inaRCial inducement for Contractor to make future payments to Contractor as the same may become due. IN W11-NFS5 WTJ ,Or, on bdllfilfOf Lhc1wdcrsigncd, with full authority,1 have executed this Instrument under seal effective the dicy or 2009. Applicable for: Payment Requesr Number: �+ Or Invoice Nurnber(s): 13y: t: uraishor: Siboney Contracting Cu./Siboncy Aggregates, STATE OF: 1-`'e', COUNTY OF: _ -�-.- �— — t� Sworn to me and subscribed bcforc me thR—f Bay ofSLA�-2009. My Commission Expires: (NOTARY 1JU13LIC) SEAL ^a dia.�r«• ,"�`+aM'� NILSA RIVERA of Florida �►s+`,�"B<%, =ter°; :� , ' Notary Public. State My Commission Expires Sep 30, 201 t N DD 109b39 = CWl.-i\Is510n Assn. gondedThsoug►�NationatNotary `�(-,� 2-6v r CHANGE ORDER 1 ST. LUCIE COUNTY PROJECT: Taylor Creek Shoreline Stabilization, Phase III CHANGE ORDER NUMBER: 1 INITIATION DATE: 4/8/2009 TO (Contractor): Ranger Construction Industries Inc. ST. LUCIE COUNTY P.O. Box 14589 CONTRACT NO: C#-09-04-126 Fort Pierce, FL. 34979-4589 CONTRACT DATE: 04/07/09 You are directed to make the following changes in this Contract (Additional sheet attached as Exhibit A— No) Bid Items Description Units Est Unit Price Total Price Quantity 5 Backfill and Grading CY -63.33 $33 00 ($2,090.00) 6 Turf Reinforcement Mat 8 Bahia Sod SF 17,570 00 $ 1 50 $26,355 00 7 FDOT Index No. 400 LF -137 70 $32 00 ($4 406.40) Guardrail 9 Bedding Stone TN 18.00 $70.67 $1,272 06 10 Armor Rock TN -39.62 $67.20 ($2,662 46) 13 Ingress/Egress Fill & Sod Re -Establishment SF 13,494 00 $0.42 $5,667,48 14A Bollards & Chain LS 1 00 $3,500.00 $3,50000 Total $27,635 68 Fhe original (Contract Sum) was _ _ _ _ _ _. $376,129,65 Vet change by previous authorized Change orders _ Fhe (Contract Sum) prior to thisChange Order was. _ $0 $376.129 65 the (Contract Siim) will be increased )y this Change Order -he $27,635 68 new (Contract Sum) including this Change Order will be _ -he $403,75 33 Contract Time will be changed or unchanged by -he Date of Substantial Completion as of the date of this Change Order therefore is June 6, 2009 0 days -unds Available Account Number 001507-4115-563000-19014K 'he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the ,ontractorfor the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated rice and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption f schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other noraffected work under this Contract. Signing of the Change )rder constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of erformance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents ,cceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the :ontract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order hall be performed in accordance with the contract specifications. Recommended: St Lucie County Public Works Department Architect/Engineer 2300 Virginia Ave Ft Pierce FL 34982 By Donald B. West, P P/W Dir Date Agreed To: v Robert Schafer President _ Ranger Construction Industries Inc P O. Box 14589 Fort Pierce FL 7 9 Add ss Cot � By ate Approved: Public Works Department St Lucie County Department 2300 Virginia Ave. Ft (Piie�rrc[e' FL 34/982 AMItk rX -�'�"° �1z3/09 By Donald B. Wet P E , P/W Dir. Date Authorized: St. Lucie County 2300 Virginia Ave , Ft. Piece, FL 34982 By Date. Approved as to Form and Correctness `t County Attorney u APPLICATION FOR 1 AND FINAL PAYMENT Project Name: Taylor Creek Site 7 Emereencv Engineer's Project No.: Owner: Board of County Commissioners St Lucie County Florida Contractor: Ranger Construction Industries Inc Contract Date: Application Amount: $403,765.31 Application Date: Tune 5, 2009 For Period Ending: Initial Contract Amount Based on Estimated Quantities: $_ 376,129.65 As Applied for As Approved Tabulation of Amount Due This Application By Contractor By Engineer ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") $ 376,129.65 $ 3% 129, (o5- CHANGE ORDER NO. 1 @ 100 % Complete (+) $ 27,129.65 $ 27 Gas CHANGE ORDER NO. @ % Complete (+) $ 4 $ CHANGE ORDER NO. @ % Complete (+) $ $ CHANGE ORDER NO. @ % Complete (+) $ $ -- Previous Payments: Total Work to Date (+) $ 403,765.31 $ 7k b 3 3 #1 $ Less Previous Payment 0 $ 0.00 ,, $ 0.00 #2 $ Subtotal $ 403,765.31 $_'yQ� ?' , #3 $ Less Failed Laboratory Tests (_) $ #4 $ Total $ Amount Due Final Payment, Except for any Liquidated Damages Assessed by the Board $ CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of $ 403,765.31 and final payment of $ 403,765.31 as full settlement of his account under the Contract and of all claims in connection therewith. CONTRACTOR: =_,koskc,,es, M COUNTY OF 5 V . STATE OF � Boa- ipy-s TITLE: Asca . Before me this k1440 day of 2005 , personally appeared -4 - `tome'¢_ known tome, who being duly sworn, did depose and say that he is the (ass a, Secce 4ocu (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. My commission expires: _ Notary Public State of Florida Notary Public WDiame Lynn Beasley � E om OD713208 TO BOARD OF COUNTY ERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. The Engineer hereby approves final payment under this application in the amount of $ less liquidated damages assessed by the Board, WITH ACTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. 00000000(n000o O O o 0 0 0lzl* O N 0 0 0 0 LO 0 0' ON O O 0 (D N O U) O W LO O M N 00 (p � M N O— `T N O .- O V OLx (D N O V N O 69 V — 00 rY — 69 69 — N 69 c- 69 69 69 .-- E9 69 69 69 69 Fsi 0 0 o CD O O ON O O Op o 0 00 0 0 0- 'IT CD O C,4 O CD O O N m N <- r "T 0 C- O N 0 0 0 0 0 0 0 0 (f> 0 0 0 0 O O O N O O (D O tl- B O O O (n 0 0 .-- N O O O (D N O (17 0 Cq (n O C'M C\ = (D r- M N O r V N O 07 V O U) (D N 00 �T (V N 69 00 IT — 69 ('s — N 69 — 69 69 E9 .- bq 69 EF, 69 69 69 •(� O O O O O LO O O (D N O O V 0 0 0 0 M � N � O� O O O LO O O tl- (� D O 64 C) 69 t- CU7 69 Q 00 U-) O 00 69 69 69 H9 O .-- N E9 L.L 69 'IT669 'N 69 6r) 69 C Q •Q CD(D O O CDCDCD CD CD O O O CD O N CD CD 00 CD N f` h0 t` O N V LL 0 LL - LL z J z J J U }}W�� V/ L Q O V L N .n ' @ Q O a SC y N _ p Qi c m7D c p co °_� 1.. = ram+ �'► . 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(1) CUo o �s CID C) ° 0 U o -0 c cCo z �0-a co C (1) � Y a)Q) Q` _� m U U C co LL L O C (9 CO o N CO C C O U O 0) W IleU CD N t n Qi r 7 0\O V) U oU co — L W o O G o-0C) O CD C: v E o -� LU0 ►- 0 Co Z U C U O Q` C'-'0 Ln (D O C' f V CL U(-) z Q OPERATION AND MAINTENANCE PLAN Emmencv Watershed Protection Program Taylor Creek (Site 7) Emertiency Shoreline Repair St. Lucie Countv Public Works St. Lucie County, Florida OPERATION AND MAINTENANCE NEEDS This site will require St. Lucie County to perform periodic inspections and operation and maintenance activities to maintain satisfactory performance. The following recommendations will help St. Lucie County in performing adequate operation and maintenance. L VEGETATION A. Weed and Brush Control Mow to control weeds, briars, and bushes. On areas inaccessible to power mowing equipment, weed and brush control should be accomplished by hand. B. Insect and Disease Control No disease problems should occur on bahiagrass, centipede or common bermudagrass. Identification of pests and needed control should be obtained from local Agricultural Extension Service Office. C. Reve etation As soon as possible, repair sites that become devoid of vegetation. This will usually occur when adequate vegetative cover was not initially established. If this is not the case, study the situation carefully to determine the causes. This will probably be due to soil erosion or vehicles. Use the following recommendations for normal vegetation of smaller areas. Fill the low or washed out areas with topsoil. The topsoil should be free of weed seeds, litter, and rocks, and have a high organic matter content. One inch of topsoil will require 3.1 cubic yards per 1,000 square feet. Fertilize with 13-13-13 or similar fertilizer at a rate based on soil tests. Lime with dolomite at a rate based on soil tests. Incorporate fertilizer and lime into the upper six (6) inches of soil. After final grading, distribute bahiagrass seed uniformly over the area at a rate of 2 - 3 lbs. per square foot with a drop -type fertilizer spreader or cyclone -type broadcaster. Cover the area in one direction and then at right angles in the other direction. Cover the seed lightly one-fourth (1/4) inch deep. Firm the seed into the soil with a roller. After seeding, apply a mulch of one (1) inch or more of close fitting material, or up to four (4) inches of loose fitting material, so that about 25 percent of the ground is visible. Disk or spade in lightly at or near vertical angle. Starting 4 - 6 weeks after the seed has germinated. Sod can be used instead of seed and will obviously revegetate the area quicker than seeding. The site preparation is the same as seeding. Lay pieces of sod over the entire area on the contour with snug, even joints. Stagger the joints from strip to strip. Roll or Page 1 of 2 tamp sod immediately following placement. Do not overlap the sod. On steep slopes secure sod to surface with wooden pegs or wire staples. If a dry period occurs, irrigate with one (1) inch of water every third day unless rain occurs. Do not exceed an application rate of one (1) inch per hour. After the area is revegetated, use the maintenance measures discussed in Sections III and IV. II. EMBANKMENT AND DIVERSIONS Inspect and repair detention pond and diversion embankments as needed. Replace eroded material and revegetate eroded areas. Keep the emergency spillway free of shrubs, woody plants, and other obstructions to preserve design capacity. If seepage is found to be coming from the embankment contact the NRCS for technical assistance. The diversion channels should be inspected monthly and following each significant rain event. Any eroded areas should be repaired immediately. It is essential that a good vegetative cover be maintained. III. SCHEDULE OF INSPECTIONS The facility should be inspected (1) 30 days after completion, (2) after each major storm or occurrence of any unusual condition that might adversely affect the measure and (3) annually. All deficiencies should be corrected immediately. Reports of the inspection(s) and subsequent follow up maintenance shall be kept on file at the owner's office. IV. SUPPLIES AND EQUIPMENT NEEDS FOR O&M The following supplies and equipment will be needed to operate and maintain the facility: One pick-up truck used for inspection as needed. Tractor with disk harrow and mower as needed. Bahiagrass sod or seed as needed. Fertilizer and lime as required by soil test. Mulch as needed. Miscellaneous small tools such as drop type fertilizer spreader, weed eaters, etc. V. TECHNICAL ASSISTANCE When needed, special on -site assistance is available from the local NRCS representative. The address and phone number are: Fort Pierce Service Center - St. Lucie SWCD (St. Lucie County) 8400, Picos Road, Suite 202 Ft. Pierce, FL 34945-3045 (772) 461-4546 / (772) 465-0165 (FAX) Page 2 of 2 ITEM NO. VI -El — DATE: 07/07/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to contracts for tree trimming and removal services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101002-4110-534000-400 & 101003-4108-534000-400, Other contractual services PREVIOUS ACTION: August 12, 2008 — BOCC approved contract. RECOMMENDATION: Board approval of the first amendment to contracts C08-0-347 with Tri-Brothers Tree & Landscaping, Inc. and C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) Dan McIntyre Other (X ) Melis a imberlund OMB Budget Analyst ( X) y aWonna Johnson Road & Bridge ( X ) W YIP Don Id Pauley TO: FROM: DATE: SUBJECT: ITEM NO. Background: Office of Management & Budget/Purchasing MEMORANDUM Board of County Commissioners Marie M. Gouin, Director July 7, 2009 Amendment to contracts for tree trimming and removal services VI -El In 2008, St. Lucie County bid the tree trimming and removal services to be used on an as needed basis. Two contracts were awarded. Tri-Brothers Tree & Landscaping, Inc., located in Port St. Lucie, is the primary contract vendor and Paul Fasnacht Lawn & Tree Trimming, located in Ft. Pierce, is the secondary contract vendor. The initial contracts were for a period of one year. The current term expires on August 11, 2009. There is an option for two additional one-year renewal periods. Recommendation Board approval of the first amendment to contracts C08-0-347 with Tri-Brothers Tree & Landscaping, Inc. and C08-08-345 with Paul Fasnacht Lawn & Tree Trimming, extending the contracts through August 11, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C08-08-347 FIRST AMENDMENT TO AUGUST 12, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND TRI-BROTHERS TREE & LANDSCAPING, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and TRI-BROTHERS TREE & LANDSCAPING, INC., or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on August 12, 2008 the parties entered into a contract to provide tree trimming and removal services; and, WHEREAS, the parties desire to amend the Contract to exercise the first on -year renewal option and extend the Term of the Agreement to August 11, 2010; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of the Contract shall be for a period of two (2) years beginning on August 12, 2008 and continuing through and including August 11, 2010. Unless terminated as provided for in paragraph 16, the parties may, upon mutual agreement, renew the Contract for one (1) additional one-year period pursuant to the same terms and conditions. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 37 CHAIR 1 C08-08-347 APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: TRI-BROTHERS TREE & LANDSCAPING, INC. BY: Print Name: Title: C08-08-345 FIRST AMENDMENT TO AUGUST 12, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND PAUL FASNACHT LAWN & TREE TRIMMING THIS FIRST AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and PAUL FASNACHT LAWN & TREE TRIMMING, or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on August 12, 2008 the parties entered into a contract to provide tree trimming and removal services; and, WHEREAS, the parties desire to amend the Contract to exercise the first on -year renewal option and extend the Term of the Agreement to August 11, 2010; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of the Contract shall be for a period of two (2) years beginning on August 12, 2008 and continuing through and including August 11, 2010. Unless terminated as provided for in paragraph 16, the parties may, upon mutual agreement, renew the Contract for one (1) additional one-year period pursuant to the same terms and conditions. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR 1 C08-08-345 APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: PAUL FASNACHT LAWN & TREE TRIMMING BY: Print Name: Title: TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing ITEM NO. VI-E2 DATE: 07/07/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) PRESENTED BY: Marie M. Gouin Director Amendment to contract for preventive maintenance services for County fleet vehicles See attached memorandum. FUNDS AVAILABLE: 001-1920-546006-100, Equipment maintenance PREVIOUS ACTION: August 22, 2008 — BOCC approved contract. RECOMMENDATION: Board approval of the first amendment to contract C08-08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (�() APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB � County Attorney (X) P/ Budget Analyst (X) Dan McIntyre � aWonna Johnson Other (X) 14� Road & Bridge ( X ) 3i�� Melissa Simberlund Roger Shinn Office of Management -- - & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director I l 4 DATE: July 7, 2009 SUBJECT: Amendment to contract for preventive maintenance services for County fleet vehicles ITEM NO. VI-E2 Background: In 2008, St. Lucie County bid the preventive maintenance services for County fleet vehicles to be used on an as needed basis. Reliable Tire & Auto Care Center, located in Ft. Pierce, was the lowest, responsive and responsible bidder and was awarded the contract. At the time, staff analyzed the contract and concluded that the vendor could provide the services at a lower cost due to discounts that they receive by buying in bulk. The vendor could also perform the work in a more timely manner. Since 2008, County staff has been reduced which limits our capacity to perform the work ourselves. The initial contract was for a period of one year. The current term expires on August 21, 2009.. There is an option for two additional one-year renewal periods. Recommendation Board approval of the first amendment to contract C08-08-374 with Reliable Tire & Auto Care Center, extending the contract through August 21, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. C08-08-374 FIRST AMENDMENT TO AUGUST 22, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND RELIABLE TIRE & AUTO CARE CENTER THIS FIRST AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and RELIABLE TIRE & AUTO CARE CENTER, or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on August 22, 2008 the parties entered into a contract to provide for preventive maintenance services for County fleet vehicles; and, WHEREAS, the parties desire to amend the Contract to exercise the first on -year renewal option and extend the Term of the Agreement to August 21, 2010; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. TERM shall be amended to read as follows: 7. TERM The term of this Contract shall be for two (2) years beginning on August 22, 2008 and continuing through and including August 21, 2010. Upon mutual agreement, the term may be extended for one (1) additional one-year term. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR 1 C08-08-374 APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: RELIABLE TIRE & AUTO CARE CENTER BY: Print Name: Title: TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing VI-E3 07/07/09 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Marie M. Gouin Director Amendment to the contract for elevator repair and maintenance See attached memorandum. FUNDS AVAILABLE: 00 1 -7210-534000-700 — Other contractual services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the fifth amendment to contract C05-11-708 with General Elevator Sales & Services, Inc., adding the Lakewood Regional Park and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED �) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: .mil - Faye W. Outlaw, MPA County Administrator OMB County Attorney (X) Budget Analyst ( X)- Dan McIntyre Patt Marston Purchasing ( X) Parks & Recreation (X ) Melissa Simberlund Guy dor Office of Management & Budget/Purchasing iCOUNTY MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director Ok DATE: July 7, 2009 SUBJECT: Amendment to the contract for elevator repair and maintenance ITEM NO. VI-E3 Background: In 2005, St. Lucie County bid the elevator repair and maintenance services for County facilities. General Elevator Sales & Services, Inc., located in Orlando, was the only bidder and was awarded the contract. The State of Florida, per ASME/ANSI A.17.1 Codes, Rule 1005.2, requires that all hydraulic elevators be inspected and have an annual no-load pressure test. The Lakewood Regional Park elevator located at the concession stand was not included in the original list of elevators. This elevator can be added for an annual cost of $288.00 with a new annual contract total of $24,399.64. Previous Action November 1, 2005 — BOCC approval of contract June 27, 2006 — First amendment to add Walton Road Annex November 14, 2006 — Second amendment to add Tradition Field February 12, 2008 — Third amendment to add new Clerk of Courts building August 22, 2008 — Fourth amendment to extend contract for one year Recommendation Board approval of the fifth amendment to contract C05-11-708 with General Elevator Sales & Services, Inc., adding the Lakewood Regional Park and authorization for the Chair to sign documents as approved by the County Attorney. C05-1 1-708 FIFTH AMENDMENT TO NOVEMBER 1, 2005 CONTRACT BETWEEN ST. LUCIE COUNTY AND GENERAL ELEVATOR SALES & SERVICES, INC. THIS FIFTH AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and GENERAL ELEVATOR SALES AND SERVICE, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on November 1, 2005 the parties entered into a contract for elevator repair and maintenance services for County facilities; and, WHEREAS, on June 27, 2006 the parties executed the first amendment to the contract adding one (1) additional facility (Walton Road Annex Building); and, WHEREAS, on November 14, 2006 the parties the second amendment to the contract adding one (1) additional facility (Tradition Field); and, WHEREAS, on February 12, 2008 the parties executed the third amendment to the contract adding the Clerk of Courts Building; and, WHERES, on August 22, 2008, the parties executed the fourth amendment to the contract extending the contract term for one year through and including October 31, 2009; and, WHEREAS, the parties desire to further amend the Contract to add the elevator located at the concession stand at the Lakewood Regional Park and. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 1 C05-1 1-708 ' 7. CONTRACT PAYMENT Payment for services shall be paid quarterly and based on invoices that have been approved and signed by the County Project Manager, in an amount not to exceed twenty-four thousand three hundred ninety-nine and 64/100 dollars ($24,399.64) per year. 2. The Bid Form Bid #05-113 Elevator Repair and Maintenance for County Facilities attached to the Contract is hereby amended and attached hereto and made a part hereof as Amended Bid Form Bid #05-113 Elevator Repair and Maintenance for County Facilities. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: GENERAL ELEVATOR SALES AND SERVICE, INC. BY: Print Name: Title: 2 CU GE AML V11101i ebbr�T IV June 17, 2009 Traci- pa0c IGS Fax: 772.462.2103 Lakewood Regional Park......................................... ........ 5990 Emerson Ft Pierce, FL 34951 RE. One (1) Hydraulic Passenger Elevators State Serial #'s: As requested, GENERAL ELEVATOR SALES & SERVICE, INC. (G.E.S.S. Inc.) proposes to provide all necessary labor and material to perform the following work on the above referenced elevator. Perform Routine inspection per Rule 1005 complete section. Perform the annual no-load pressure test on the hydraulic system per Rule 1005.2 of the ASME A17.1 Elevator Code. Test results will be engraved on a special metal tag and affixed to the hydraulic pump unit. Such tests impose upon the equipment much greater strains than those growing out of normal operation. Therefore, it is agreed that in making inspection or tests of the elevator equipment, G.E_S.S. Inc_ shall not be liable for injury x ( to except (ex eptG E employees SInc.) G.E.S.S. Inc.) or loss or damage to equipment/property ( p property Y because of the action or failure of any of these devices. If repairs are necessary to obtain proper operation of the equipment to meet the requirements of this test, such work shall be considered as an extra to this proposal. PRICE: $288.00 (Two Hundred Eighty Eight and 001100 DOLLARS) Submitted 13y CJ Sloan, gional Sales Manager CUSTOMER A�PV ALo�oo GENERAL, ELEVATOR SALES AND Date � � SERVICE, INC, Firm S � C �•�,.� � - _ -- - Approved On 6117 .2009 By — Name Title 9 www.gane ratele vator com ITEM NO. VI-E4 w - couNrY F >L Q R E- D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing SUBJECT: Fixed asset inventory -property record removal BACKGROUND: See attached memorandum. DATE: 07/07/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Marie M. Gouin Director j FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the office of the St. Lucie County Clerk of Circuit Court. COMMISSION ACTION: APPROVED () DENIED () OTHER Approved 5-0 Coordination/Signatures County Y Attorne ( X ) Y-1 Dan McIntyre Purchasing ( X ) -4� z_ Sandra Morando CONCURRENCE: Faye W. Outlaw, M County Administrator OMB Budget Analyst ( ) (Name) (Name) COUNTY F L 0 R I D A TO: Board of County Commissioners FROM: Marie M. Gouin, Director )*< DATE: July 7, 2009 Office of Management & Budget/Purchasing MEMORANDUM SUBJECT: Fixed asset inventory -property record removal ITEM NO. VI-E4 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1— 6), from the inventory of the St. Lucie County Clerk of Circuit Court Office. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the office of the St. Lucie County Clerk of Circuit Court. w Property # Dept. 404406 clerk of court 404917 404918 It 407642 CCFI NA 402961 to 402043 " COPIER COPIER COPIER FOLDING MACH. OLD COUNTER/PAYROLL OLD RECORDING EQUIP. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 71. INVOICE DATE (IF NEW PURCHASE): 06/19/2009 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 201 S. Indian River Drive Traffic Division 4. LOCATION CODE: CCA105 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): lq--40440l 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1999 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9935DP 10. SERIAL NUMBER: 1B99870179 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) (DEPARTMENT HEAD OR AVKORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. .aoo.OF STr.LUCIE Co. w ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 71. INVOICE DATE (IF NEW PURCHASE): 06/19/2009 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 201 S. Indian River Drive Traffic Division 4. LOCATION CODE: CCO206 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2000 7. DESCRIPTION OF PROPERTY: Crier 8. MAKE 9. MODEL NUMBER: 9935DPE 10. SERIAL NUMBER: H5206700474 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (—m �mkto,� (DEPARTMENT HEAEU6R AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP.OF ST.LUCIE CO. IIIII IIIII Illli Ali IIIII IIIII IIII IIII III ill luitlllil1161unnnunuuu 4R4917 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 06/19/2009 71. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 201 S. Indian River Drive Traffic Division 4. LOCATION CODE: CCO210 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): *404glF 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2000 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9935DPE 10. SERIAL NUMBER: H5206600670 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK `m �LA� (DEPARTMENT HEAD OVAUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: _4/15/2009 1. INVOICE DATE( IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St. Lucie County finance 4. LOCATION CODE: ccfina 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO ( IF TRANSFERRING OR DISPOSING OF): 407642 / 6. YEAR ACQUIRED ( IF TRANSFERRED/DONATED/TRADED, ETC. ): 7. DESCRIPTION OF PROPERTY: FOLDING MACHINE 8. MAKE: MARTIN YALE 9. MODEL NUMBER: 12919 10. SERIAL NUMBER: M38717 11. METHOD OF DISPOSAL ( IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. ): JUNKED ( DEPARTMENT HEAD OR AUTHORIZED PERSON ) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. ( IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. -1 / ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 1. INVOICE DATE ( IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM ( IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: _05/ 15/2009 St. Lucie County finance 4. LOCATION CODE: ccfina f✓���' 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO ( IF TRANSFERRING OR DISPOSING OF): 402961 6. YEAR ACQUIRED ( IF TRANSFERRED/DONATED/TRADED, ETC. ): 7. DESCRIPTION OF PROPERTY: Counter and Cabinet in Payroll 8. MAKE: 9. MODEL NUMBER: 10. SERIAL NUMBER: 11. METHOD OF DISPOSAL ( IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ET . ): JUNKED co ? ( DEPARTMENT HEAD OR AUTHORIZED PERSON ) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. ( IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: _05/15/2009 1. INVOICE DATE( IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St. Lucie County finance c4) /'cal - itci/,-a-, y� :-�(445100 a 4. LOCATION CODE: ccfina PROPERTY RECORD # AND DEPT. TRANSFERRING TO ( IF TRANSFERRING OR DISPOSING OF ): 402043 6. YEAR ACQUIRED ( IF TRANSFERRED/DONATED/TRADED, ETC. ): 7. DESCRIPTION OF PROPERTY: Recording Equipment 8. MAKE: Lanier 9. MODEL NUMBER: LCR-4D 10. SERIAL NUMBER: 161861 11. METHOD OF DISPOSAL ( IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ET : JUNKED 070 l �7 t -,9' 7 ( DEPARTMENT HEAD OR AUTHORIZED PERSON ) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. ( IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 61 AGENDA REQUEST ITEM NO DATE: REGULAR VI-E5 07/07/09 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director MW SUBJECT: Fixed asset inventory -property record removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Health Department's Office. COMMISSION ACTION: (� APPROVED () DENIED () OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney ( X V Budget Analyst ( ) Dan McIntyre Purchasing ( X) '4�ZDy%Y� ( ) Sandra Mo ndo (Name) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director r� DATE: July 7, 2009 Y' L SUBJECT: Fixed asset inventory -property record removal ITEM NO. VI-E5 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting a u1r1zation to remove the fixed 30 from the inventory of assets, as listed on the attached Property Disposition Forms (pages )� inventory the St. Lucie County Health Department's Office. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Health Department's Office. Pro e # 405648 406116 405641 405322 405330 405324 406698 406700 406054 406057 406060 406069 406071 406072 406077 406078 406080 406158 406161 406162 406163 406164 406165 406166 406167 406168 406169 406749 408017 405647 Dept• HEALTH It 11 of it printer beta brite director switch switch badge printer switch laptop laptop computer computer computer computer computer computer computer computer computer computer computer computer computer computer computer computer computer computer computer laptop laptop printer ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-18-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 4405648 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7 8 9 10 11 DESCRIPTION OF PROPERTY: MAKE: Laseriet 8000n MODEL NUMBER: c4086A SERIAL NUMBER: USDO14728 HP Laseriet 8000n METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED �DW'ARTMENT HEAD OR�AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. i ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-18-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406116 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Beta Brite Director 8. MAKE: AA Electric Inc 9. MODEL NUMBER: 10. SERIAL NUMBER: BQ0002065 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-16-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405641 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Switch 8. MAKE: Cabletron Systems 9. MODEL NUMBER: ELS100-24TXM 10. SERIAL NUMBER: 99220747710b 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED �D A TMENT Hf-Ab OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 3 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-16-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405322 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Switch 8. MAKE: Nortel Network 9. MODEL NUMBER: 450-24t 10. SERIAL NUMBER: ssGLKH5GM 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED fDEPA ENT HEfAD OR Au-rlkoffiztb PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. q ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-18-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405330 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Badge Printer 8. MAKE: Eltron P310 9. MODEL NUMBER: P310c 10. SERIAL NUMBER: E222885 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED ARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. If- ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-16-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405324 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Switch 8. MAKE: Nortel Network 9. MODEL NUMBER: 450-24t 10. SERIAL NUMBER: ssGLKH3GFQ 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED fDEPARfMENT HEAD OR AUTFffRIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. & ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 4-2-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406698 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: DELL LAPTOP 8. MAKE: Dell 9. MODEL NUMBER: PP01X 10. SERIAL NUMBER: JTXWD21 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.):JUNKED J[3EPARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 4-2-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406700 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: DELL LAPTOP 8. MAKE: Deli 9. MODEL NUMBER: PP01X 10. SERIAL NUMBER: 2STVK21 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ? ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406054 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 6DMZ11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK .✓� (DEPARTMEN , H A -OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. q ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406057 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: GCMZF11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK �DEP TMENT HEAD OR AUT ORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. d C ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406060 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: GBMZF11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK kDEPA4q'FMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WLL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. j, ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406069 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 21 N8D11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK OR AUTHdRIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406071 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 90N8D11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK �DEPAO MENT HEAD OR At PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 13 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406072 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 50N8D11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK r ENT HtAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. / w ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406077 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 1ZM8D11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK DEPART ENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. % 3/ ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406078 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: FYM8D11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK ORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. .k ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406080 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 5YM8D11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK (DEPARTMEW HEAD OR AUTH0§IZED PERSON THIS.FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. `I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406158 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: GCWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK fDEPARENT H ZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. �- ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406161 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: BHWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK JDEPAR NT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. f ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406162 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 5HWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK �DEPARWENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. p ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406163 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS. 10. SERIAL NUMBER: GGWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ;_ E ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406164 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 9GPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK ZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. �� ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406165 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 5GWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK D PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ;J ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406166 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: FDWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK JDEP THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. �- G/ ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406167 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: CDWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK f DEPARWENT HEAD OR AUtHdRIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ;)- f--' ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406168 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 8DWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK fDEPAR NT HEAD OR AU HO 12ED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. �2 b ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406169 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Desktop 8. MAKE: DELL 9. MODEL NUMBER: DHS 10. SERIAL NUMBER: 4DWPN11 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK (DEPARTWNT HEAD 0 PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 406749 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: DELL LAPTOP 8. MAKE: Dell 9. MODEL NUMBER: PP01X 10. SERIAL NUMBER: DDLVW21 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED fDE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. `l/-:- ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. 6. 7. 8. 9. 10. 11. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 408017 YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): DESCRIPTION OF PROPERTY: MAKE: Dell MODEL NUMBER: PPT SERIAL NUMBER: 8B1M871 DELL LATITUDE D400 METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED kDEPAENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 6-22-2009 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405647 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Laseriet 4500dn 8. MAKE: DELL 9. MODEL NUMBER: c4094a 10. SERIAL NUMBER: JPCD024285 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK RIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. v ITEM NO VI-E6 DATE: 07/07/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed asset inventory -property record removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. COMMISSION ACTION: (�§ APPROVED () DENIED () OTHER Approved 5-0 Coordination/Signatures County Attorneya"l (X ) Dan McIntyre Purchasing ( X )"64 Sandra Morando CONCURRENCE: Faye W. Outlaw, M— County Administrator OMB Budget Analyst ( ) (Name) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director �To< DATE: July 7, 2009 SUBJECT: Fixed asset inventory -property record removal ITEM NO. VI-E6 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1— 7), from the inventory of various departments of St. Lucie County Board of County Commissioners. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. PROPRTY # BOCC DEPTS. VARIOUS ITEMS 5375 engineering old transit / top con 405060 road laptop 404695 road radio 407490 media laptop/ stolen 403709 parks loaderscoop 409551 Isfpcc old oven 9710 chagrd old computers 402297 406023 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/13/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Engineering Division 4. LOCATION CODE "iRPENGR 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES e NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED. ETC.) 1978 8. DESCRIPTION OF PROPERTY Transit w/Ext 9. MAKE ;Top Con 10. MODEL NUMBER D463 + _ 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.' ;:junk DEPARTMENT HEAD OR AUTHORIZED PERSON 4/13/09 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. I. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 11/15/07 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) i i E 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Public Works/Road & Bridge 3071 Oleander Avenue, Fort Pierce, FL 34982 4. LOCATION CODE €PWROAD 5. PROPERTY RECORD # 40-5060 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY Laptop computer 9. MAKE Dell 0 Al -; 10. MODEL NUMBER 15000 11.SERIAL NUMBER !TW049XRR-129 '- CD 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) This laptop co uter belonged with M Bowers, he kept it from Public Wks., and hen tr nsferred to Utilities Dept 4 DEPARTMENT HEAD ON AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE..INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ;,I INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/24/09 1. INVOICE DATE (IF NEW PURCHASE)�� 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Road & Bridge, BOCC 3071 Oleander Ave, Ft. Pierce, FL 34982 4. LOCATION CODE !PW Road 5. PROPERTY RECORD # 40-4695 TRANSFERRING TO OTHER DEPARTMENT? YES 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 12000 8. DESCRIPTION OF PROPERTY (Two-way radio 9. MAKE ;Motorola 10. MODEL NUMBER !MCS 1000 11.SERIAL NUMBER 1722AAY0320 ---, NO • L� 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ?Stolen Z O DEPARTMENT HEAD OR AUTHORIZE PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 3 INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION Media MEMORANDUM TO: Board of County Commissioners FROM: Shane DeWitt, Technical Operations Manager S� DATE: April 14, 2009 SUBJECT: Laptop Replacement AGENDA ITEM: VI-Cl. BACKGROUND: On January 18, 2009, a police report was made to the Indian River County Sheriffs Office in response to a burglary that took place at the home of the Technical Operations Manager. As a result of that burglary, the Media Relations laptop was stolen. On January 19, 2009, a report was made to Wayne Teegardin, St. Lucie County's Risk Manager for insurance purposes. As a result, the County was reimbursed for the stolen laptop and the funds are now available to replace it. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends that the Board approve Budget Resolution No. 09-120 to replace the stolen laptop. v�/a7!/ll IN ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY -o TODAY'S DATE 6/11109 c 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Parks & Recreation -Parks 3020 Will Fee Rd 4. LOCATION CODE LSPARKS 5. PROPERTY RECORD # 40-3709 TRANSFERRING TO OTHER DEPARTMENT? YES C) NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (F) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1998 8. DESCRIPTION OF PROPERTY Loader attachment -scoop 9. MAKE Bush Hog 10. MODEL NUMBER 98-BH-2446 11. SERIAL NUMBER 1200064 u 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Auction G �(G ,D DEPARTMENT READ OR A yTHORIZED PERSON DAT THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 5/22/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # —-� Ft. Pierce Community Center �/7/ Z00 N. Indian River Dr. 4. LOCATION CODE LSFPcc .._ a��►�,�.. __. __..�______ _ ____....__. _..__�..__�..__._._______..�.. G� t ti `�' 5. PROPERTY RECORD # :409551 ` t ti. TRANSFERRING TO OTHER DEPARTMENT? YES O NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2007 8. DESCRIPTION OF PROPERTY 'Warmino Oven 9. MAKE lFrigidare 10. MODEL NUMBER FE1330TMC 11. SERIAL NUMBER NF53908123 12. METHOD OF DISPOSAL F DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) in the Ft. Pierce Community Center Bldg. DEPARTMENT R AUTI40RIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. & INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE q /9 6rq 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # LaQ g 71 d TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES # NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11.SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUN G. DEPARTMENT HEAD OR AUTHORIZED PERSON SOLD, TRADED, ETC. ry/a0© 9 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. -7 INTRANET:PURCHASING FORMS: PROPERTY DISPOSITION I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 6/1/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE TCVLGN 5. PROPERTY RECORD # 405923 TRANSFERRING TO OTHER DEPARTMENT? YES © NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2002 8. DESCRIPTION OF PROPERTY ATM Machine 9. MAKE Triton 10. MODEL NUMBER Mako ATM 11. SERIAL NUMBER 9613878 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Tr e in on new machine. 6/1 /09 DEPARTMENT HEAD 09AUTF40RIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION AGENDA REQUEST ITEM NO DATE: VI-E7 07/07/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin ro� SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed asset inventory -property record removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of various departments of the St. Lucie County Tax Collector's Office. COMMISSION ACTION: (� APPROVED () DENIED O OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre Purchasing ( X )� ( ) Sandra Mora do (Name) (Name) COUNTY F L £? R I D A TO: Board of County Commissioners FROM: Marie M. Gouin, Director 44 DATE: July 7, 2009 Office of Management & Budget/Purchasing MEMORANDUM SUBJECT: Fixed asset inventory -property record removal ITEM NO. WE7 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Form from the inventory of St. Lucie County Tax Collectors' Office. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of various departments of the St. Lucie County Tax Collector's Office. Page 2 July 7, 2009 RFQ No. 09-024 Recommendation Board approval of the top three short-listed firms for Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan and permission to: 1. Conduct oral presentations with the six short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. Attachment A Past Performance Firm Location References Qualifications Total Score Ranking Total possible points per committee member 20 55 25 100 Total possible points for five members 100 275 125 500 Calvin, Giordano & Associates, Inc 50 256 118 424 1 Kimley-Horn & Associates, Inc. 50 238 101 389 2 MSCW, Inc 30 237 103 370 3 ILER Planning 15 197 100 312 4 Land Design Innovations 15 198 93 306 5 The Mellgren Planning Group, Inc 15 186 94 295 6 The Corradino Group, Inc 15 200 78 293 7 IBE Group 50 127 97 274 8 LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area Martin, Okeechobee & Indian River Count 6 Office located outside of the tri County area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. ITEM NO. VI-E8 DATE: 07/07/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Request for Qualifications (RFQ) No. 09-024, Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-1510-531000-100 Planning — Professional Services (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the short-listed firms for Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: (?Q APPROVED ( ) DENIED ( ) OTHER Approved 5-0 0 County Attorney ( X) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Budget Analyst ( X ) aWonna Johnson Purchasing ( X) Q_ Growth Mgmt. ( X a IN �' Desiree Cimino N Mark tatterlee Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director "k DATE: July 7, 2009 SUBJECT: Request for Qualifications (RFQ) No. 09-024, Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan ITEM NO. VI-E8 Background: St. Lucie County adopted its Comprehensive Plan in 1990 and Florida Statutes require that the Comprehensive Plan be evaluated and updated every seven years thereafter. The evaluation which identifies major issues (current and future) for the County is adopted by the Board of County Commissioners as an Evaluation and Appraisal Report (EAR). The Comprehensive Plan will then be updated with amendments based on issues identified by the EAR report. On September 25, 2008, the Planning and Zoning Board (Local Planning Agency) held a hearing whereby they recommended the Board of County Commissioners adopt the Evaluation and Appraisal Report. On October 28, 2008, the Board of County Commissioners approved the adoption of the Evaluation and Appraisal Report and transmitted it to the Department of Community Affairs. On January 14, 2009, the Department of Community Affairs issued a sufficiency determination letter for the St. Lucie County adopted Evaluation and Appraisal Report. Beginning from the issuance of this letter, the County has 18 months to adopt its EAR -based amendments with two possible six month extensions. On April 24 2009, responses to RFQ No. 09-024 for Evaluation and Appraisal Based Comprehensive Plan Amendments for the St. Lucie Comprehensive Plan were opened. Eight proposals were received; 979 companies were notified and 52 RFQ documents were distributed. On June 12, 2009, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Calvin, Giordano & Associates — Fort Lauderdale, Florida 2. Kimley-Horn — Cary, North Carolina 3. MSCW, Inc — Orlando, Florida Central Services MEMORANDUM TO: Board of County Commissioners FROM: Roger A. Shinn, DirectorP'3'N DATE: July 7, 2009 SUBJECT: 32 Channel DVR for the Courthouse Annex ITEM NO. VI-G Background: On May 26, 2009, the Board approved Equipment Request No. 09-034 and Budget Amendment No. 09-018 to purchase a 32 Channel DVR for Sheriff security at the Courthouse Annex at a cost of $6,260. The 32 Channel DVR would replace the existing 32 Channel VCR, which due to its age was not operating properly. However, through further discussions with the security technician working on Phase I of the Old Courthouse renovation, it was brought to staff's attention that the 32 Channel DVR we were going to purchase and install at the Courthouse Annex would not have been compatible with the existing video recording software installed at the Clerk of Court and the newly renovated Old Courthouse Phase I. They are recommending we purchase a 32 Channel DVR that would operate on the existing software which has the capability of up to 128 video inputs and would provide video recording compatibility between all three buildings, the Courthouse Annex, Old Courthouse and Clerk of Court. Cost to purchase the 32 Chanel DVR is $11,875. Investment for the Future (IFF) funds in the amount of $11,875 are available and staff is requesting use of these funds to purchase the 32 Channel DVR through Equipment Request No. 09-034 and Budget Amendment No. 09-028, as shown in Attachment " 1 " and "2". Recommendation: Board approval of Budget Amendment No. 09-028 and revised Equipment Request No. 09-034 to purchase a 32 Channel DVR in the amount of $11,875 for Sheriff security at the Courthouse Annex. ATTACHMENT 1 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 )EPARTMENT: CENTRAL SERVICES RECOMMENDED: YES NO REVISED )IVISION: ADMINISTRATION APPROVED: I YES NO REVISED :QUIPMENT: DVR 11ADDIHONAL UU: 3UDGET AMOUNT: $11,875 NEW X REPLACEMENT YES X NO [USTIF'ICATION: Staff was requested to replace a 32 channel VCR with a stand alone 32 channel DVR ($6,260-original quote) for the Sheriff Security at the Courthouse Annex. We now need to amend our request to upgrade the 32 channel DVR (an additional $5,615) to one that will allow compatibility within the digital video management system for Clerk of Court, Old Courthouse and the Courthouse Annex. 4 - REVISED JACCOUNT#: 316-1931-564000-1531 ATTACHMENT 2 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 6/18/2009 AGENDA DATE: 7/7/2009 TO: 316-1931-564000-1 FROM: 316-1931-546200-100 Machinery & ance REASON FOR BUDGET AMENDMENT: DVR for Sheriff security at Courthouse Annex to Additional $5,615 needed. Total cost $11,875 THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: broken VCR. n/a n/a BA09-028 5 TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST ITEM NO. VI-E9 DATE: 07/07/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M PRESENTED BY: Marie M. Gouin Office of Management & Budget/Purchasing Director Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements BOARD OF COUNTY COMMISSIONERS BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-464 County Capital — Transportation Bond — Local Option Gas Tax (pending BOCC approval) PREVIOUS ACTION: May 5, 2009 — BOCC approval for permission to advertise bid. RECOMMENDATION: Board approval to reject all bids and approval to re -advertise in accordance with the Local Preference Ordinance No. 09-005. COMMISSION ACTION: ( APPROVED ( ) DENIED (� OTHER PULLED PRIOR TO MEETING. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) Budget Analyst ( X ) Dan McIntyre Purchasing ( X ) Q, Desiree Cimino !(-P Robert O'Sullivan Public Works ( X) A - Don West Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director pft�) DATE: July 7, 2009 SUBJECT: Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements ITEM NO. VI-E8 Background: On June 10 2009, responses to Bid No. 09-032 for Walton Road Project US-1 to Village Green Drive City Center Improvements were opened. Six bids were received; 512 companies were notified and 84 bid documents were distributed. Based on staff review of the bid submittals, it was determined that the bid documents that were distributed lacked clarity regarding the tight construction schedule. The construction schedule impacts Phase II of the project which is federally funded. To ensure the federally funded project is not jeopardized, it is a requirement that the schedule be met. This was not clearly spelled out in the bid documents. In order to be fair to all bidders, staff has determined that all bids should be rejected, revisions to the bid documents should be made and the bid for the Walton Road Project should be re -advertised as a Local Preference Project, not a Local Stimulus Project. Recommendation Board approval to reject all bids and approval to re -advertise in accordance with the Local Preference Ordinance No. 09-005. V NTY F L R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Environmental Resources Department/ Education & Outreach Division ITEM NO. VI-F DATE: 07/07/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Sandra Boganc,, (� Manager y (J Amendment to contract for Oxbow Eco-Center Exhibit See attached memorandum 001-7912-534000-765 January 13, 2009 - BOCC approval to award original contract RECOMMENDATION: Board approval of the first amendment to contract # C09-01-047 with JMWA Architects, Inc., and authorization for the Chair to sign documents as approved by County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 A.S+ County Attorney ( ) AL CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (Name) Originating Dept. ( ) ERD (Name) (Nam rviz J�hnsop (Name) N1a:;e aouih (Name) Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Director FROM: Sandra Bogan, Manager Education & Outreach Divis ' DATE: June 22, 2009 SUBJECT: Amendment to contract for Oxbow Eco-Center Exhibit ITEM NO.: VI-F Backaround: In January 2008, the Oxbow Eco-Center installed the first phase of the 'Living in a Watershed' exhibit. In January 2009, JMWA Architects, Inc. was awarded the contract to design and construct the final phase of the exhibit which is slated for installation in August 2009. This request is to add additional services to the existing contract with JMWA Architects, Inc., including visual and tactile elements, lighting and digital audio devices, a pamphlet that guides visitors between the two exhibits and the design of a welcome desk (volunteer desk). These additions will enhance the consistency of style and interactivity between the two exhibit sections, continuity of the storyline and overall visitor experience. The cost of this additional work is $17,380, for which funds are available in 001-7912-534000-765. Recommendation: Board approval of the first amendment to contract # C09-01-047 with JMWA Architects, Inc., and authorization for the Chair to sign documents as approved by County Attorney. ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING INVESTMENT FOR THE FUTURE LEG. QUASI -JD CONSENT TO: BOARD OF COUNTY COMMISSIONERS -P PRESENTED Roger A. Shin SUBMITTED BY: Central Services Director SUBJECT: 32 Channel DVR for the Courthouse Annex BACKGROUND: See attached memorandum. VI-G 07/07/09 ( ) (x) FUNDS AVAILABLE: 316-1931-564000-1531 Equipment/Central Services Maintenance Projects (Pending BOCC approval) PREVIOUS ACTION: May 25, 2009- BOCC approval of Equipment Request No. 09-034 and Budget Amendment No. 09-018 for the purchase of a 32 Channel DVR for Sheriff security at the Courthouse Annex. RECOMMENDATION: Board approval of Budget Amendment No. 09-028 and revised Equipment Request No. 09-034 to purchase a 32 Channel DVR in the amount of $11,875 for Sheriff security at the Courthouse Annex. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Dan McIntyre Originating Dept. ( x ) (9-21- Ro4er A. Shinn ERD (x) M k� rie Gouin Robert O'Sullivan (Name) Jul-16. 2009 8:56AM Central Services No-4228 P. 1 Central Services MEMORANDUM TO: Board of County Commissioners FROM: Roger A. Shinn, Directorate DATE: July 7, 2009 SUBJECT: 32 Channel DVR for the Courthouse Annex ITEM NO. VI-G Background: On May 26, 2009, the Board approved Equipment Request No. 09-034 and Budget Amendment No. 09-018 to purchase a 32 Channel DVR for Sheriff security at the Courthouse Annex at a cost of $6,260. The 32 Channel DVR would replace the existing 32 Channel VCR, which due to its age was not operating properly. However, through further discussions with the security technician working on Phase I of the Old Courthouse renovation, it was brought to staffs attention that the 32 Channel DVR we were going to purchase and install at the Courthouse Annex would not have been compatible with the existing video recording software installed at the Clerk of Court and the newly renovated Old Courthouse Phase I. They are recommending we purchase a 32 Channel DVR that would operate on the existing software which has the capability of up to 128 video inputs and would provide video recording compatibility between all three buildings, the Courthouse Annex, Old Courthouse and Clerk of Court. Cost to purchase the 32 Chanel DVR is $11,875. Investment for the Future (IFF) funds in the amount of $11,875 are available and staff is requesting use of these funds to purchase the 32 Channel DVR through Equipment Request No. 09-034 and Budget Amendment No. 09-028, as shown in Attachment"I" and °2" Recommendation: Board approval of Budget Amendment No. 09-028 and revised Equipment Request No. 09-034 to purchase a 32 Channel DVR in the amount of $11,875 for Sheriff security at the Courthouse Annex. COUNTY F LORI D A AGENDA REQUEST ITEM NO. VI-H DATE: 07/07/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Mana r SUBJECT: Neighborhood Stabilization Program Two (NSP 2) Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A (X) RECOMMENDATION: Board approval of the submission of the NSP 2 grant application, and authorization for the Chair to sign necessary application documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sionatures County Attorney ( ) OMB Director ( ) AW S ft Budget Analyst D n el S. McIntyre Mane Gouin Sophia Holt Originating Dept. ( )- ERD ( ) Beth Ryder C O(1NTY �. F L .0 R I D A TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manag DATE: 07/07/09 Community Services MEMORANDUM SUBJECT: Neighborhood Stabilization Program Two (NSP 2) Application ITEM NO. VI-H Background: In 2008, Congress appropriated funds for neighborhood stabilization under the Housing and Economic Recovery Act (HERA). In 2009, Congress appropriated additional neighborhood stabilization funds under the American Reinvestment and Recovery Act (ARRA). This funding is to be used to stabilize neighborhoods where viability has been and continues to be damaged by the economic effects of properties that have been foreclosed upon and abandoned in said neighborhood. NSP 2 funds will be awarded through a competitive application cycle of eligible applicants which includes states, units of local governments, nonprofits and a consortia of nonprofits. The applicant's grant request must be for no less than $5 million and must have the effect of either returning a minimum of 100 abandoned or foreclosed homes back to productive use or otherwise eliminating or mitigating their negative effects on the stability of the said neighborhood. Eligible activities include: • The establishment of financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such mechanisms as soft -seconds, loan loss reserves, and shared -equity loans for low -and moderate -income homebuyers; • The purchase and rehabilitation of homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent or redevelop such home or properties; • The establishment of land banks for home and residential properties that have been foreclosed upon; • The demolition of blighted structures; and • The redevelopment of demolished or vacant properties as housing. In order to meet the minimum thresholds for the grant application, it is necessary to partner with the City of Fort Pierce. The City of Fort Pierce will be preparing the grant application for $11,700,000. St. Lucie County will enter into a Consortium Agreement naming the City of Fort Pierce the lead entity budgeting $3,400,000 for Moore's Creek and $7,000,000 for St. Lucie County to assist residents with rehabilitation and down payment. The application for this grant is due July 17, 2009 at 5:00 p.m. Agenda Memorandum 07/07/09 Page 2 Recommendation Board approval of the submission of the NSP 2 application, and authorization for the Chair to sign necessary application documents as approved by the County Attorney. 'N ITEM NO. VI ", ", DATE: 07/07/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Shane DeWitt 5ID SUBMITTED BY: Administration/Media Services Technical Operations Manager SUBJECT: Relocation of SLCTV Studio and Offices BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1930-562000-091600 Buildings (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of: 1. Relocation of SLCTV studio and Media offices as outlined in the agenda memorandum; and 2. Budget Amendment 09-031 to transfer funds in the amount of $300,000 for the studio relocation project; and 3. Permission to advertise an Invitation to Bid for the studio relocation project. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) a z___ Originating Dept. ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre Shane DeWitt ERD AA Coe, j Marie Gouin (Name) 011` ADMINISTRATION MEMORANDUM TO: Board of County Commissioners THROUGH: Faye W. Outl County Administrator FROM: Shane DeWitt :3D Technical Operations Manager DATE: June 30, 2009 SUBJECT: Relocation of SLCTV Studio and Offices ITEM NO. VI-G In an effort to improve productivity and to better utilize staff time, the Office of Media Services requested the relocation of our current studio facility from Morningside Library in the City of Port St. Lucie to Room 101 in the County Administration Complex. This office space was formerly occupied by the Parks & Recreation Department which is now located at the Havert L. Fenn Center. In addition, the Media Services offices would be relocated from the third floor to the first floor of the Administration Building. This request was discussed at the Board of County Commissoners June 30, 2009 Informal Meeting and consensus was reached to move forward with the studio relocation project. Background: The current SLCTV studio has been an asset to the community, allowing staff to create national award -winning local original programming in a controlled broadcast environment. However, the staff time spent driving from the Administration Building to the Morningside Library (approximately 15 miles each way) impacts productivity. All members of SLCTV staff, including the Public Information Officer (PIO), must be present for studio productions. This equates to four staff members taking 1 to 1 Y2 hours for travel time. Even a 5-minute production in the studio could cost as much as $300 in staff time for travel, not including fuel and vehicle costs. In most cases, staff spends a half -day out of the office for scheduled taping purposes. In addition, when programming involves multiple guests, they cannot always be scheduled for tapings at the same time or they may cancel and have to re -schedule, further increasing the time and costs to the County. When the cost of travel time for County Administration, Department Directors and other County staff, as well as County Commissioners is considered, there is a significant benefit to relocating the studio to the Administration Building. Additionally, Morningside studio is small, approximately 20' X 20' with a total of 1200 square feet including all spaces. The ability to have multiple sets requires a complete breakdown of the current set and installation of a new set. Room 101 will expand SLCTV's studio space to approximately 45' X 45' and a total of 2400 square feet. This increase in size will give staff the opportunity to house multiple sets, allowing us to tape shows without changing out the set. There is also room to provide a 20' green screen which allows staff, with the right lighting application, to film individuals on an empty set and then replace the background digitally with any imagery desired, a virtual set! Staff would be able to tape more shows in less time with very little setup. Currently, SLCTV cannot do any productions "live" on SLCTV due to the distance from our master control head end at the BOCC Chambers to Morningside Library. By moving to the Administration Building, the cost of running a connection from the BOCC Chambers to Room 101 would be minimal and allow us to broadcast "live". In conclusion, the benefits of relocating the current studio to Room 101 will include time savings and cost savings. For example, the monthly 30-minute "Inside St. Lucie" program takes staff approximately four hours (about $800 in staff time) to tape in the current studio, including travel time. This time could be reduced to 30-45 minutes (less than $200 in staff time) due to reduction in travel time, delays waiting for guests to arrive and pre -production preparation time. Please note that Media Services did consider the Havert L. Fenn Center as a potential location but the ceiling height is not sufficient to accommodate the required equipment for a studio. It is important to note that the expansion of Morningside Library is currently in the design phase. The expansion plans include the use of the current studio space by the library. The timing of the relocation of the studio to Room 101 at the Administration Building coincides well with the design and construction of the Morningside library expansion. Budget At the May 26, 2009 Informal Meeting, the Board discussed the renovation of the Community Services offices. In the memorandum regarding this agenda item, staff recommended that the remaining balance of the Community Services relocation funds ($434,034) be set aside for relocating the SLCTV studio as well as renovation to the Chamber of Commerce building. The proposed contract budget for relocation includes: Lighting* $165,000 Electrical* $ 50,000 Engineering $20,000 Total: $235,000 *Please note that due to the highly specialized nature of the installation, staff is not recommending this project be performed through the apprenticeship program or the Local Stimulus ordinance. The in-house budget includes: Office Relocation $15,000 A/C $ 40, 000 Total: $55,000 Grand Total: $290,000 These costs represent one-time expenses for relocating and upgrading the studio and offices. A/ Although staff is not in a position to accurately project potential revenues because the current studio cannot provide comparable services, these expenses could be offset by increased revenues from charges for production services and/or leasing the facility to other governmental agencies and/or the private sector. The increased technological capabilities by relocating will allow Media Services to generate revenue by leasing the facility to outside production companies or agencies and/or hiring SLCTV for production services. SLCTV has already been contacted by several groups for this purpose. Please note that the above total estimate does not include funding for additional equipment upgrades that will further improve productivity and quality of programming for SLCTV. Staff is pursuing some of these funds through additional partnerships with the St. Lucie County Sheriff's Office, the City of Fort Pierce and others. Recommendation Board approval of: 1. Relocation of SLCTV studio and Media offices as outlined in the agenda memorandum; and 2. Budget Amendment 09-031 to transfer funds in the amount of $300,000 for the studio relocation project; and 3. Permission to advertise an Invitation to Bid for the studio relocation project. TO: FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Media PREPARED DATE: 6/30/2009 AGENDA DATE: 7/7/2009 001-1930-562000-091600 REASON FOR BUDGET AMENDMENT: Budoet for Media relocation to room 101 of the Administration CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a BA09-031 300,000 AGENDA REQUEST L.- TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-A DATE: July 7, 2009 REGULAR[] PUBLIC HEARING [xx] CONSENT[] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 09-184 - Lawnwood Baseball Bathroom Project - St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: 129-7210-562000-75009 PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Resolution No. 09-184. COMMISSION ACTION: CONCURRENCE: pa APPROVED [ ] DENIED [ ] OTHER: Approved '5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management do Budget�_Purchasing: Daniel 5. McIntyre Mqrie Gouin Originating Dept. Public Works Dir: County Eng.: my Don qest Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 r INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather 5perrazza Lueke, Assistant County Attorney C.A. NO.: 09-0729 DATE: July 7, 2009 SUBJECT: Resolution No. 09-184 -Lawnwood Baseball Bathroom Project - St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for a list of local economic stimulus projects. The list includes the Lawnwood Baseball Bathroom project. Attached to this memorandum is a copy of draft Resolution No. 09-184 which, if adopted, would authorize the Lawnwood Baseball Bathroom project as a local economic stimulus project. The project will add an approximately 750 square foot building with a men's bathroom with 5 stalls and a women's bathroom with 5 stalls and a storage space. The project is projected to begin in August or September, 2009, and be completed by December 2009, or January 2010. The Resolution would also authorize the Director of Parks and Recreation to advertise for competitive sealed bids for the project. There is no local manufacturer of the precast concrete bathrooms, but Staff believes that the 75% minimum local material supplier requirement can still be met. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 2.62 and the number of induced job years created by the project is approximately 1.38. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending leads to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION : Staff recommends approve Resolution No. 09-184 and authorize the Chair to sign. Respectfully submitted, Heather Sperrazza e Assistant County At tney, Attachment RESOLUTION NO. 09-184 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW FORMAL BIDS ON LAWNWOOD BASEBALL BATHROOM PROJECT AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No, 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Lownwood Baseball Bathroom project. 3. The estimated cost of the project is three hundred and seventy-seven thousand three hundred 'dollars ($377,300.00) and time to complete the project is six months. 4. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 2.62 and the number of induced job years created by the project is approximately 1.38. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending leads to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase materials from 75% local vendors. 6. Based on the above, the Board has determined that the Lownwood Baseball Bathroom project will provide a significant local economic stimulus. 7. The contract will be awarded through formal bids, or other lawful method from licensed, responsible contractors. 5: \ATTY\RE50LTN\2009\09-184.wpd 8. On July 7, 2009, the Board held a public hearing to consider whether to authorize for formal bids for Lawnwood Baseball Bathroom project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Lawnwood Baseball Bathroom project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Lawnwood Baseball Bathroom project shall be solicited as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The Director of Parks and Recreation is authorized to solicit formal bids, or other lawful method for this project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 7th day of July, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: 5; \A TTY\RE50LTN\2009\09-184.wpd County Attorney 10 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-B DATE: July 7, 2009 REGULAR [] PUBLIC HEARING [xx] CONSENT[] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 09-188 - Courthouse Annex Phase 1-A Project- St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Resolution No. 09-188. COMMISSION ACTION: CONCURRENCE: [Xj APPROVED (] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: �� Management 6 Budget Purchasing: Daniel 5. McIntyre Marie Gouin ) Originating Dept. Public Works Dir: County Eng.: Ad Don Vest Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 _ INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA a_44, , �;. �4. TO: Board of County Commissioners FROM: Heather 5perrazza Lueke, Assistant County Attorney C.A. NO.: 09-0742 DATE: July 7, 2009 SUBJECT: Resolution No. 09-188 -Courthouse Annex Phase 1-A Project - St. Lucie County Economic Stimulus Project ************************************************************************** BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for a list of local economic stimulus projects. The list includes the Courthouse Annex Phase 1-A project. Attached to this memorandum is a copy of draft Resolution No. 09-188 which, if adopted, would authorize the Courthouse Annex Phase 1-A project as a local economic stimulus project. The project consists of renovating the first floor of the Courthouse Annex to add three courtrooms. The project is scheduled to begin in September 2009, and be completed in July 2010. The Resolution would also authorize the Director of Central Services to advertise for competitive sealed bids for the project. Based on the publication Estimates of Job Creation From The American RecoveU and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 18.09 and the number of induced job years created by the project is approximately 10.17. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION: Staff recommends approve Resolution No. 09-188 and authorize the Chair to sign. Respectfully submitted, Heather Sperrdzza L Assistant County Att Attachment L RESOLUTION NO. 09-188 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW FORMAL BIDS ON COURTHOUSE ANNEX PHASE 1-A PROJECT AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Courthouse Annex Phase 1-A project. 3. The estimated cost of the project is two million six hundred thousand ($2,600,000.00) and time to complete the project is nine to twelve months. 4. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 18.09 and the number of induced job years created by the project is approximately 10.17. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase materials from 75% local vendors. 6. Based on the above, the Board has determined that the Courthouse Annex Phase 1-A project will provide a significant local economic stimulus. 5: \ATTY\RE50LTN\2009\09-188.wpd it 7. The contract will be awarded through formal bids, or other lawful method from licensed, responsible contractors. 8. On July 7, 2009, the Board held a public hearing to consider whether to authorize for formal bids for Courthouse Annex Phase 1-A project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Courthouse Annex Phase 1-A project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Courthouse Annex Phase 1-A project shall be solicited as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The Director of Central Services is authorized to solicit formal bids, or other lawful method for this project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 7th day of July, 2009. ATTEST: Deputy Clerk 5:\ATTY\RESOLTN\2009\09-188.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOP-IDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: 5: \ATTY\RE50LTN\2009\09-188.wpd County Attorney AGENDA REQUEST g07 7ct!x 4: Qr' TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Resolution No. 09-189 Maintenance Project- St. Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. VII-C DATE: July 7, 2009 REGULAR [] PUBLIC HEARING [xx] CONSENT[] PRESENTED BY: Heather 5perrazza Lueke Assistant County Attorney - State Attorney's Office A/C Lucie County Economic Stimulus RECOMMENDATION: Staff recommends approval of Resolution No. 09-189. COMMISSION ACTION: CONCURRENCE: X APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney: �4 Daniel S. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) Review and Approvals Management & Budget_ / /Purchasing: _ n ouin Public Works Dir: - County Eng. on Wkst Al vp Mike Powley Eff. 5/96 F INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA I 0-al M__� - TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0743 DATE: July 7, 2009 SUBJECT: Resolution No. 09-189 -State Attorney's Office A/C Maintenance Project - St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for a list of local economic stimulus projects. The list includes the State Attorney's Office A/C Maintenance project. Attached to this memorandum is a copy of draft Resolution No. 09-189 which, if adopted, would authorize the State Attorney's Office A/C Maintenance project as a local economic stimulus project. Twenty-four air conditioning units will be replaced with 24 high efficiency air conditioning units. Work is scheduled to begin in October 2009, and be completed by March 2010. The Resolution would also authorize the Director of Central Services to advertise for competitive sealed bids for the project. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 2.96 and the number of induced job years created by the project is approximately 1.66. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION : Staff recommends approve Resolution No. 09-189 and authorize the Chair to sign. Respectfully submitted, Q Heather Sperrazzai u "<e Assistant County ttorne Attachment A RESOLUTION NO. 09 -189 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW FORMAL BIDS ON STATE ATTORNEY'S OFFICE A/C MAINTENANCE PROJECT AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the State Attorneys Office A/C Maintenance project. 3. The estimated cost of the project is four hundred and twenty-five thousand dollars ($425,000.00) and time to complete the project is four to six months. 4. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.5. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 2.96 and the number of induced job years created by the project is approximately 1.66. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and f irms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase materials from 75% local vendors. 6. Based on the above, the Board has determined that the State Attorney's Office A/C Maintenance project will provide a significant local economic stimulus. 5: \ATTY\RE50LTN\2009\09-189.wpd 7. The contract will be awarded through formal bids, or other lawful method from licensed, responsible contractors. 8. On July 7, 2009, the Board held a public hearing to consider whether to authorize for formal bids for State Attorney's Office A/C Maintenance project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the State Attorney's Office A/C Maintenance project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the State Attorney's Office A/C Maintenance project shall be solicited as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The Director of Central Services is authorized to solicit formal bids, or other lawful method for this project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 7th day of July, 2009. ATTEST: Deputy Clerk 5: \ATTY\RESOLTN\2009\09-189.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: 5: \ATTY \RESOLTN\2009 \09-189.wpd County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-D DATE: July 7, 2009 REGULAR [] PUBLIC HEARING [xx] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather 5perrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 09-195 -Martin Luther King/Dreamland Park Bathroom Project- St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds will be made available 316-7210-563000-7697 -Infrastructure & 001-7210-563000-7697 - Infrastructure PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Resolution No. 09-195. COMMISSION ACTION: CONCURRENCE: aQ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 6 Budget Purchasing: Daniel 5. McIntyre ouin Originating Dept. Public Works Dir: County Eng.: i41 Don st Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 IF - _ _ INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0765 DATE: July 7, 2009 SUBJECT: Resolution No. 09-184 -Martin Luther King/Dreamland Park Bathroom Project - St. Lucie County Economic Stimulus Project ************************************************************************** BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for a list of local economic stimulus projects. The list includes the Martin Luther King/Dreamland Park Bathroom project. Attached to this memorandum is a copy of draft Resolution No. 09-195 which, if adopted, would authorize the Martin Luther King/Dreamland Park Bathroom project as a local economic stimulus project. The project will add an approximately 400 square foot building with a men's bathroom with 2 stalls and a women's bathroom with 2 stalls and a family bathroom. The project is projected to begin in August or September, 2009, and be completed by December 2009, or January 2010. The Resolution would also authorize the Director of Parks and Recreation to advertise for competitive sealed bids for the project. There is no local manufacturer of the precast concrete bathrooms, but Staff believes that the 75% minimum local material supplier requirement can still be met. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 1.64 and the number of induced job years created by the project is approximately 0.93. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION: Staff recommends approval of Resolution No. 09-195. Respectfully submitted, Heather Spe-rrazza ke Assistant County Attorney Attachment RESOLUTION NO. 09-195 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW FORMAL BIDS ON MARTIN LUTHER KING/DREAMLAND PARK BATHROOM PROJECT AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Martin Luther King/Dreamland Park Bathroom project. 3. The estimated cost of the project is two hundred and thirty six thousand five hundred dollars ($236,500.00) and time to complete the project is six months. 4. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 1.64 and the number of induced job years created by the project is approximately 0.93. A job year is defined as employment in one job for one year. Direct jobs are jobs created in the actual government -sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased income from the direct government spending leads to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase materials from 75% local vendors. 6. Based on the above, the Board has determined that the Martin Luther King/Dreamland Park Bathroom project will provide a significant local economic stimulus. 5: \ATTY\RE50LTN\ 2009\09-195.wpd 7. The contract will be awarded through formal bids, or other lawful method from licensed, responsible contractors. 8. On July 7, 2009, the Board held a public hearing to consider whether to authorize for formal bids for Martin Luther King/Dreamland Park Bathroom project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Martin Luther King/Dreamland Park Bathroom project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Martin Luther King/Dreamland Park Bathroom project shall be solicited as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The Director of Parks and Recreation is authorized to solicit formal bids, or other lawful method for this project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 7th day of July, 2009, ATTEST: Deputy Clerk 5: \ATTY\RESOLTN\2009\09-195.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: 5: \ATTY\RESOLTN\2009\09-195.wpd County Attorney