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Home My WebLink AboutAgenda Packet 08-18-2009w ifi iiiiHiiiiii ills ii(#itliiililiitiii {iiiillCiiiti iiiiliii [BA his �ti ., 1iiiiiilitiiil)itiEi11410111ii"iiihi iiiiiii August 18, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 08/14/09 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 2[igr 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. August 18, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucle.fl.us �ryypgwww.stiucleco.org W� 7 � f1i��11�YWi� tli 4llli�il�GiilllJnla�li��YWFtl�t71YlW4�F�it11/i1!{f1ti, �I��IYHO7�1�� F1•:: , l�iII�7 1 i11in �l�k� �iNi11��p�{I�fYfl i 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 >��asrumiuuti�itiritii� � ��lir`�ittiti►il{Iiiii3iiiiii�ir�irii�itlit'i�u�i[i�iti I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Pr(� 0 Approve the minutes from the August 11, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS Resolution No. 09-240 proclaiming the week of July 20, 2009 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 09-240 as drafted. V. GENERAL PUBLIC COMMENT 1 VI. CONSENT AGENDA aw-5ea JF--:11-- Q e2 )011 Ilcd �� ✓ n �- 6 Ll /y1 c ►�rd - v A. WARRANTS t Approve warrant list No. 46 B. COUNTY ATTORNEY Bear Point Mitigation Bank — Mitigation Bank Credit Refund Agreement with Southland Contracting, Inc., as Assignee of B&C Side Development, L.L.C. Consider staff recommendation to approve the proposed Refund Agreement with the Southland Contracting, Inc., as assignee of West Side Development, L.L.C., and authorize the Chair to sign the Agreement. 2. Permission to Advertise — Resolution No. 09-236 — Award of Courthouse Annex Phase 1- A Project Consider staff recommendation to approve permission to advertise proposed Resolution � PP Pe P P �LA No. 09-236 for ublic hearin before the Board of Coun Commissioners on Se tember P 9 tY P 1, 2009, at 6:00 p.m. or as soon thereafter as may be heard. COUNTY ATTORNEY CONTINUED Adopt Resolution No. 09-237 to award the 2009-2010 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab pursuant to Section 893.165F.S. Consider staff recommendation to adopt Resolution No. 09-237 and award the 2009-2010 funds collected from the Drug Abuse Treatment Trust Fund to the St. Lucie County Drug Screening Lab. Once approved the 09/10 budget will be revised to reflect this annual allocation. MOVED TO REGULAR AGENDA Senate Bill 360 (Community Renewal Act) — Lawsuit filed by the City of Weston challenging Senate Bill 360 as being Unconstitutional Consider staff recommendation to approve either Resolution No. 09-206A to join the Weston lawsuit or Resolution No. 09-206B to support the Weston lawsuit and authorize the Chairman to sign the Resolution. C. MANAGEMENT AND BUDGET Amendment to contract for pest control services Consider staff recommendation to approve the eleventh amendment to contract C06-07- 407 with Hulett Environmental Services, adding the new St. Lucie County Fairgrounds office building and the Maravilla Park building for a new contract total of $18,638.64, and authorization for the Chair to sign documents as approved by the County Attorney. Amendment to contract for generator preventive maintenance, service, inspections and load bank testing Consider staff recommendation to approve the ninth amendment to contract C05-08-485 with Genset Services, Inc., adding the Agriculture building and extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. D. SHERIFF'S OFFICE Authorization to apply for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide. Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the Florida Department of Law Enforcement (FDLE) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -JAG Countywide in the amount of $214,095. E. PUBLIC WORKS Mainline Supply Partial Release of Surety — Road Improvement Agreement Consider staff recommendation to approve the partial release of surety for Mainline Supply in the amount of $423,866.25. F. COMMUNITY SERVICES Award Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve bid awards for four rehabilitation and six replacement projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign the documents as approved by the County Attorney. G. GRANTS/CULTURAL AFFAI Permission to sell beer at the National Navy UDT SEAL XXIV Muster at Pepper Park. Consider staff recommendation to approve the National Navy UDT SEAL Museum's request to sell beer at the XXIV Annual Muster to be held at Pepper Park on November 6 and 7, 2009. 2. Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program — Grant Application Consider staff recommendation to approve authorization to submit a grant application to the Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program requesting funds of $50,000. Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program — Grant Application Consider staff recommendation to approve authorization to submit a grant application for Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program requesting funds of $132,500.00. 4. U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program — Grant Application Consider staff recommendation to approve authorization to submit a grant application to U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program requesting funds for an amount not to exceed $125,000. H. CENTRAL SERVICES Flooring for Community Services Offices Consider staff recommendation to approve to enter into contract with Agler Tile in the amount of $32,595 for the installation of floor covering at the Community Services offices, and authorization for the Chair to sign documents as approved by the County Attorney. SUPERVISOR OF ELECTIONS Purchase a High Speed Counter with Credit Memo No. CM10329 Consider staff recommendation to approve authorization to purchase a High Speed Counter with the Credit from 12 Precinct Tabulators that were returned and approve the 2008/2009 Budget Amendment for the Supervisor of Elections. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-007 - Chapter 7 Land Development Code - Street Trees This is the first of two public hearings. No action is needed at this time. The second public hearing will be on September 1, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY Pwoiej Ordinance No. 09-026 - Court Fees 6'o Consider staff recommendation to approve of Ordinance No. 09-026. C�. COUNTY ATTORNEY POTI uri i u p(U(CfA , S�it�rQCr/YH y�ey�{d� i �a (�cL�S 12J�' 2707 Avenue T; Open and Unsecure Structure�� p��e�s r,�)k Consider staff recommendation to authorize staff to have the structure secured, grass mowed, brought in compliance with codes and place a lien on the property for the costs. / n D. PUBLIC WORKS lk(,;I, iv�,roce ea(k), Ati %n 1,D%OPer%Ow6e-1-- ��S hdT f e/��a�C..Sjiuc rC. 1C�auA/ Code Compliance Division - nsafe Structure Consider staff recommendation to approve authorization to give the Code Compliance Division PP 9 P permission to demolish the structure, clean the property, and assess the entire cost which shall constitute a lien payable to St. Lucie County. REGULAR AGENDA Vill.. COUNTY ATTORNEY �(i✓�f House Bill 227 (2009) Consider staff recommendation to approve to agree to participate in the legal challenge to the constitutionality of House Bill 227 as a party plaintiff. IX. COUNTY ATTORNEY f ; Senate Bill 360 (Community Renewal Act) - Lawsuit filed by the City of Weston challenging Senate Bill 360 UU as being Unconstitutional Consider staff recommendation to approve either Resolution No. 09-206A to join the Weston lawsuit or Resolution No. 09-206B to support the Weston lawsuit and authorize the Chairman to sign the Resolution. ��0f vy� h 1irnIi or,, -4'�J�rcx. 0o IX. ANNOUNCEMENTS The Board of County Commissioner will hold the August Informal Monthly Meeting on Tuesday, August 25, 2007 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 10, 2009 at 6:00 p.m. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 4. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3 5. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Friday, October 9, 2009 at 10:00 a.m. in Conference Room #3. � Pr' 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: August 11, 2009 Convened: 9:00 a.m. Adjourned:10:15 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Chris Craft, Doug Coward 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, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Leo Cordiero, Solid Waste Director, Laurie Case, Utilities Director, Richard Bouchard, Erosion Manager, Mike Powely, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 14, 2009 meeting. Approve the minutes from the July 17, 2009 special meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meetings held July 14, 2009 and July 17, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS (This item was Pulled prior to the meeting) A. Presentation by Linda Ggal of the PSL Census Bureau on the 2010 Census Update and the local Complete Count Committee V. GENERAL PUBLIC COMMENT Mr. Wetzel, Experimental Aircraft Ft. Pierce and a tenant at the airport, addressed the Board and requested consideration in obtaining the vacant building next to his. He has attempted to negotiate the rental and asked the Board give his not for profit organization consideration. Com. Craft requested Mr. Wetzel contact his office to schedule a time when they could discuss the matter. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding Florida's coastal economy, the mega yacht industry and the Indian River Lagoon. Mr. Patrick McLaughlin, Florida Masonry Apprentice and Educational Foundation addressed the Board and thanked them for their support in establishing apprenticeship training programs in St. Lucie County. He requested the Board continue to require apprentices be hired on various construction projects. Mr. McLaughlin expressed his concern with the building and funding being perceived as a unionized program. Com. Coward advised Mr. McLaughlin it was not the county's intention to work with union or non -union and they do not wish to exclude anyone. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 42, 43, 44 and 45 The Board approved Warrant List Nos. 42, 43, 44 and 45. B. COUNTY ATTORNEY Permission to Advertise - Ordinance No. 09-009 - Historic Preservation The Board approved advertising proposed Ordinance No. 09-009 for public hearing before the Local Planning Agency on September 24, 2009, and the Board of County Commissioners on October 20, 2009, and November 3, 2009, at 6p.m. or as soon thereafter as may be heard. 2. Flowage Easement — Stuart Property Holdings, Ltd. — Gilson Road — Parcel No. 4436-311-0001-000/3 — Resolution No. 09-209 The Board approved accepting the Flowage Easement from Stuart Property Holdings, Ltd., authorized the Chair to execute Resolution No. 09-209 and directed staff to record Resolution No. 09-209 in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED Donation of Right -of -Way Easement - Fora Pierce Mosque - 10 feet on Sunrise Boulevard - Resolution No. 09-234 The Board accepted the Right-af--Way Easement, authorized the Chair to sign Resolution No. 09-234 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 4. South Causeway Island - Sovereignty Submerged Lands Lease Renewal - Modification to Reduce Square Footage - BOT Lease No. 561391568 The Board approved the Sovereignty Submerged Lands Lease Renewal, BOT Lease No. 561391568, extending the effective date to June 14, 2013, 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. after the Fact Revocable License Agreement — Mr. & Mrs. Poole — 703 SW Goodrich Street The Board approved the After the Fact Revocable License Agreement with Mr. & Mrs. Poole, authorized the Chair to execute the Agreement and directed Mr. & Mrs. Poole to record the Agreement in the Public Records of St. Lucie County, Florida. 6. Donation of Right -of -Way — G.I.K. Development, LLC — Midway Road Professional Plaza —15 feet on Midway Road and 20 feet on Christensen Road — Resolution No. 09-227 The Board accepted the Warranty Deed, authorized the Chair to sign Resolution No. 09-227 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. First Amendment to Lease Agreement with Beach Club Colony on the Ocean, Inc. The Board approved the First Amendment to the Lease Agreement with Beach Club Colony on the Ocean, Inc. and authorized the Chair to sign the Amendment. Queens Island Preserve — Agreement with BMR Funding, LLC for Subdivision Improvements 2 The Board approved the proposed agreement with BMR Funding, LLC, and authorized the Chair to sign the agreement. 9. Revocable License Agreement - Chem -Tex Supply Corporation (Allied) - Monitoring Wells - Range Line Road and Glades Cut -Off Road The Board approved the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and directed Chem -Tex Supply Corporation to record the document in the Public Records of St. Lucie County, Florida. 10. Treasure Coast FBO, LLC - Sublease Agreement with South Aviation, Inc. The Board approved consenting to the sublease agreement between Treasure Coast FBO, LLC, and South Aviation, Inc. B. COUNTY ATTORNEY CONTINUED 11. Request to purchase a renewed "Maintenance Agreement" on one (1) camera for the First Appearance System. This agreement will cover all aspects of the camera including the computerized software for this advanced system. The Board approved the purchase of a three (3) year Maintenance Agreement with BT Conferencing Video, Inc. for the Polycom VSX 7000 First Appearance Computerized Camera. C. COURT ADMINISTRATION Request approval for usage of Court Innovations Funds The Board approved Budget Resolution No. 09-226 Budget Amendment No. 09-032 to fund Judges Professional Dues and Judicial Assistants travel and education from the Court Innovations Fund in the amount of $17,300. St. Lucie County share would be $4,000. Indian River County has approved $3,000. Martin County has approved $9,700 and Okeechobee County has approved $600. D. PARKS AND RECREATION Waveland Beach Concession Demolition and Debris Removal The Board approved demolishing the Waveland Beach concession building for risks and safety reasons as outlined in the agenda memorandum. 2. Contract Amendment, Lisa's Kayak, Inc. The Board approved of the first amendment to the February 26, 2008 Concession Lease Agreement C08-02-157 with Lisa's Kayaks, Inc. as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attorney. 3. Budget Resolution 09-228, Children's Services Council Summer Camp Grant Funds The Board approved of Budget Resolution No. 09-228, allocating $13,115 in summer camp grant funds from the Children's Services Council of St. Lucie County as outlined in the agenda memorandum and authorized for the Chair to sign documents as approved by the County Attorney. 4. Time extension of Florida Boating Improvement Program (FBIP) Grant for Summedin Dock Renovation The Board approved Amendment #2 to Contract No. 07102 of the Florida Boating Improvement Program (FBIP) Grant Agreement extending the project completion date for the Summedin Dock improvements to September 30, 2009 as outlined in the agenda memorandum, and authorized for the Chair to sign documents as approved by the County Attorney. 3 Lawnwood Baseball Restroom Gravity Sewer Connection — Engineering Services The Board approved Work Authorization #2 of Contract C07-05-258 with Culpepper & Terpening in the amount of $33,240 for engineering and permitting services at the Lawnwood Sports Complex as outlined in the agenda memorandum and authorized the Chair to. sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE Budget Amendment in the amount of $139,365.00 to purchase replacement vehicles. The Board approved the Sheriffs request for a budget amendment to increase the budget $139,365.00 for the purchase of replacement vehicles. ADMINISTRATION Florida Atlantic University's education seat on the Treasure Coast Education, Research and Development Authority board. The Board approved and ratified the recommended appointment of Mr. Hoyt C. "Pat" Murphy, Jr., for the vacant partial term of August 2009 to August 2010 on the Treasure Coast Education, Research and Development Authority board. G. PUBLIC WORKS Verada Ditch Improvements South of Calmoso Drive The Board approved the First Amendment to Work Authorization No. 23 with Dunkelberger Engineering & Testing, Inc. in the amount of $32,415 and authorized the Chair to sign documents as approved by the County Attorney. 2. Verada Ditch Improvements South of Calmoso Drive The Board approved the correct contract number C09-03-107 for documents, including Change Order No. 1 and No. 2 for the Verada Ditch Improvements south of Calmoso Drive. Verada Ditch Improvements — Lucero Drive Culvert Replacement The Board approved the correct contract number C09-03-108 for documents, including Change Order No. 1, related to the Verada Ditch Improvements — Lucero Drive Culvert Replacement. 4. Midway Road Widening (East of the Turnpike Bridge to South 25t" Street) The Board approved the Fourth Amendment with H.W. Lochner, Inc. in the amount of $226,490.35 and authorized the Chair to sign documents as approved by the County Attorney. 5. Indian River Estates Potable Water Municipal Service Benefit Unit (MSBU) Project The Board accepted the Indian River Estates MSBU project and approved final payment in the amount of $375,172.21 to B&B Underground Contractors, Inc. 6. Walton Road Widening (US 1 to Village Green Drive) The Board approved reprogramming of funds from the County's Road Bond Fund in the amount of $6,975,000 and approval of Work Authorization No. 1 for Construction Management Services with Culpepper and Terpening, Inc. for the Walton Road Widening project (US 1 to Village Green Drive) in the amount of $442,000. Board approval of Work Authorization No. 29 for construction materials testing with Dunkelberger Engineering and Testing, Inc. in the amount of $102,550. Authorized the Chair to sign documents as approved by the County Attorney related to Work Authorizations. G. PUBLIC WORKS CONTINUED 4 7. Kings Highway Corridor Study The Board approved the Second Amendment to Work Authorization No. 6 with Kimley-Hom and Associates, Inc. for a time extension and an increase in the amount of $6,000 for a total contract amount of $55,500 and authorized the Chair to sign. 8. Concurrency Management Database The Board approved the second amendment to Work Authorization No. 5 with Kimley-Horn and Associates, Inc. for a time extension and an increase in the amount of $3,100 for a total contract amount of $52,600 and authorized the Chair to sign. 9. Request to Advertise for Qualifications (RFQ) for continuing contracts for Port Engineering The Board granted permission to advertise for an RFQ from qualified firms to perform dredging, design, permitting, and port engineering services through continuing contracts. 10. Lakewood Park Drainage Improvements The Board approved the Fourth Amendment to Work Authorization No. 16 with Hazen & Sawyer in the amount of $10,196, and authorized the Chair to sign contract documents as approved by the County Attorney. 11. Walton Road Widening (US 1 to Village Green Drive) The Board approved the Sixth Amendment with Inwood Consulting Engineers in the amount of $25,000.00 and authorized the Chair to sign document as approved by the County Attorney. 12. Solid Waste — Initial Assessment Resolution The Board adopted Resolution No. 09-205, the Solid Waste Initial Assessment Resolution, and authorized the Chair to sign documents as approved by the County Attorney. H. HUMAN RESOURCES Extension of Administrative Agreement with WEB -TPA, Inc., C04-10448 The Board approved and authorized the Chair to sign documents as prepared by the County Attorney. ENVIRONMENTAL RESOURCES Landscaping Improvement Agreement with Treasure Coast Hospice. The Board approved the Landscaping Improvement Agreement with Treasure Coast Hospice. J. MANAGEMENT AND BUDGET 1. Budget Amendment No. 09-231, to correct the fund number for Airport's Florida Department of Transportation (FDOT) Design Terminal Improvements Grant The Board approved Budget Resolution No. 09-231, which will amend Budget Resolution No. 09-202. 2. Bid No. 09-032 Walton Road Project US-1 to Village Green Drive City Center Improvements R The Board approved awarding Bid No. 09-032 to Felix Associates in the amount of $4,222,347.65 and authorized the Chair to sign documents as approved by the County Attorney. Com. Dzadovsky expressed his concerns with future change orders. He wished advise staff as well as the contractor that any change orders will be coming the Board. 3. Request for Qualifications (RFQ) No. 09-022, Traffic Engineering and Transportation Planning Services The Board approved the short-listed firms for Traffic Engineering and Transportation Planning Services 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 authorized the Chair to sign the documents as prepared by the County Attorney. 4. Bid No. 09-043, Purchase of Asphalt Millings The Board approved awarding Bid No. 09-043, purchase of asphalt millings to Dickerson Florida, Incorporated of Ft. Pierce, Florida and authorized the Chair to sign documents as approved by the County Attorney. 5. Bid No. 09-044, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility The Board approved to reject the sole proposal received for Bid No. 09-044, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility, and granted permission to re -advertise. 6. RFP No. 09-049, Design, Build, Own and Operate Landfill Leachate Treatment System. The Board approved to reject the sole proposal received for RFP No. 09-049, design, build, own and operate a landfill leachate pre-treatment system. K. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 09-208, Agenda Request Process The Board approved to adopt budget resolution 09-208 to appropriate and expend funds from the Florida Commission for the Transportation Disadvantaged Planning grant for the amount of $22,575.00. L. COMMUNITY SERVICES 1. Acceptance of the Neighborhood Stabilization Program Grant Contract, Budget Resolution No. 09-232 and Position Request 09-007 The Board approved accepting the contract with the Department of Community Affairs for the Neighborhood Stabilization Program; approval of Budget Resolution No. 09-232; approved Position Request 09-007 and authorized the Chair to sign documents as approved by the County Attorney. 2. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant Agreement Modification Number Five. The Board approved Modification Number Five to the St. Lucie County CDBG DRI Grant 07-DB3V-10-66-01-Z04 to extend the contract date to January 16, 2010, and authorized the Chair to sign the documents as approved by the County Attorney. 3. Application to the Florida Division of Emergency Management for the Residential Construction Mitigation Program The Board approved submitting an application for the Residential Construction Mitigation Program, and authorized the Chair to sign documents as approved by the County Attorney. 4. Grant Agreement with Care Net Pregnancy Services of the Treasure Coast for Expenditure of the Choose Life License Plate Funding. The Board approved the Grant Agreement with Care Net Pregnancy Services of the Treasure Coast and authorized the Chair to sign documents as approved by the County Attorney. M. CENTRAL SERVICES Repair work on elevator located at Courthouse Annex The Board approved Budget Amendment No. 09-033 in the amount of $50,000 to repair the Courthouse Annex elevator. 2. Lease Agreement with UDT Seal Museum for storage space. The Board approved the Lease Agreement with UDT Seal Museum for storage at the St. Lucie Logistics Center and authorized the Chair to sign documents as approved by the County Attorney. N. UTILITIES Approval of Resolution No. 09-098 adopting the St. Lucie County Water & Wastewater Master Plan Update. This item was pulled prior to the meeting. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Resolution No. 09-154 and Exchange Agreement with the City of Fort Pierce — Jetty Park/Lawnwood Park Parcels Staff recommends that the Board determine if it wishes to exchange the proposed property and, if the Board authorizes the exchange of the proposed property, approve Resolution No. 09-154 as drafted and authorize the Chairman to sign the Resolution. Com. Grande addressed the agreement and the reverted clause. He questioned if the employee health clinic would fall into the definition of public purpose. The County Attorney advised the Board the county has the ability to provide hospitals as well as clinics. The savings of $ 1 million dollars a year is of great benefit to the taxpayers of St. Lucie County. Com. Dzadovsky thanked the City of Ft. Pierce for working with the county on this exchange. Com. Coward asked if there were still concerns regarding the access for beach re - nourishment. The County Attorney stated the county still had a permanent easement across the spur jetty parcel and they still have the ability to utilize St. Lucie Court up until the time the developer decides to construct. He believes they have addressed the issue as best as they could. The Erosion Manager advised the Board he had made the Army Corps of Engineers aware of the future contracts and will keep an eye on St. Lucie Court and will do what they need to do until that time. He also advised the Board there are parcels to the south the county may be able to utilize. 7 It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No. 09-154, and; upon roll call, motion carried unanimously. REGULAR AGENDA Vill. GROWTH MANAGEMENT Petition of International Airport Business Park of St. Lucie County, LLC for a Post -Development Order Change to Resolution No. 05-149. Consider staff recommendation to adopt Resolution No. 09-073 granting a modification to the final development order, as authorized in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. It was moved by Com. Grande, seconded by Com. Craft, to adopt Resolution No. 09-073, and; upon roll call, motion carved unanimously. IX. MANAGEMENT AND BUDGET Update regarding street lighting districts Consider staff recommendation to approve to leave the millage rates for the street lighting districts as proposed during the budget workshops. Staff would then work on concerting these districts from municipal service taxing units (MSTUs) to municipal service benefit units (MSBUs) for next year. This would fund these districts using special assessments instead of property tax millages, which would allow the cost of operating the street lights to be distributed based on the number of parcels instead of based on property value, thereby eliminating large fluctuations to individual homeowners from one year to the next. The Management and Budget Director advised the Board according to calculations, a $100,000 home is presently paying $35.34 annually. The increased amount would be $39.54 annually. At the present time, there is not sufficient time to convert from a MSTU to a MSBU. Rev. William Bradley, representing Sunland Gardens addressed the Board and advised them he had received notification this past Saturday and this did not give him ample time to reach the 800 residents of Sunland Gardens. The Chairperson advised Mr. Bradley the tentative budget public hearing was scheduled for September 10, 2009 and asked if he could provide the Board with the resident's comments at that time. Com. Dzadovsky recommended possibly placing the listing of the lighting districts on SLCTV indicating those who have not contacted the county with their comments. No action taken. Unagendad items Com. Craft requested the Board ratify his appointment of Michelle Privano to the Tourist Development Council. It was moved by Com. Dzadovsky, seconded by Com. Coward to ratify the appointment of Michelle Privano to the Tourist Development Council, and; upon roll call, motion carried unanimously. Com. Craft addressed the huge gap of air traffic space not being controlled by Palm Beach International Airport. The Palm Beach air traffic controllers are concerned about the proposed consolidation of the area with Miami. Com. Dzadovsky questioned if this type of an investment could be done at our airport in Ft. Pierce. The Airport Director stated this would be a very expensive project; however she will investigate the possibility. Com. Grande addressed the Port St. Lucie 500, Anniversary Celebration funding gap and asked local business participation to assist in closing the funding gap. 9 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST 7C69NToA TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV -A DATE: August 18, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-240 proclaiming the week of July 20, 2009 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. BACKGROUND: Michelle Miller, Director of Operations with the Marine Industries Association of the Treasure Coast, has requested that this Board proclaim the week of July 20, 2009 as Treasure coast Waterway Cleanup Week in St. Lucie County, Florida. The attached Resolution No. 09-240 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-240 as drafted. COMMISSION ACTION: CONCURRENCE: Val APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 -� Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: aj!3 [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road i3 Bridge.: k t�` "j." [ ) Parks @ Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-240 A RESOLUTION PROCLAIMING THE WEEK OF JULY 20, 2009 AS "TREASURE COAST WATERWAY CLEANUP WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On July 25, 2009, the Marine Industries Association of the Treasure Coast, in conjunction with the Florida Inland Navigation District conducted the 2nd Annual Treasure Coast Waterway Cleanup. 2. The event attracted approximately 1,000 volunteers who participated in cleaning up the waterways of Martin, St. Lucie and Indian River Counties. 3. There were twenty-two designated sites throughout the three counties that served as registration and disposal sites for the project. 4. Numerous waterfront homeowner associations were recruited to clean up their own waterfront. 5. Early estimates indicate over ten tons of trash were collected from approximately 125 miles of waterways. 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 20, 2009 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to become involved with the efforts to clean up our waterways. PASSED AND DULY ADOPTED this 18`h day of August, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IWF CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 08/14/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #46- 08-AUG-2009 TO 14-AUG-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 364,988.20 0.00 001180 US Dept Housing HUD Shelter Plus Gr 7,974.00 0.00 001181 FTA Section 5307 Operating & Capita 763.00 0.00 001184 CDBG 07 45,715.00 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 689.51 0.00 001190 FTA Sec 5307 - Buses 05/06 9,471.88 0.00 001191 FTA Sec 5309 Buses 06/07 840.00 0.00 001194 U.S. Dept of Housing & Community 3,051.00 0.00 001436 INTACT Inspired Network to Achieve 1,702.80 0.00 001500 FDEM Emergency Mgmt Performance 310.00 0.00 001501 CSBG 2008-2009 Dept of Health and H 10,201.74 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 2,348.04 0.00 001506 Us Dept of Health Earned Income Tax 545.00 0.00 101 Transportation Trust Fund 79,199.93 0.00 101002 Transportation Trust/80o Constitut 9,282.16 0.00 101003 Transportation Trust/Local Option 27,398.50 0.00 101004 Transportation Trust/County Fuel Tx 20,287.18 0.00 101006 Transportation Trust/Impact Fees 40,641.94 0.00 101219 FDOT-Traffic Control Signal System 6,500.00 0.00 102 Unincorporated Services Fund 36,892.16 0.00 102001 Drainage Maintenance MSTU 52,626.47 0.00 102809 Paradise Park Phase 2 SFWMD 12,507.84 0.00 102810 White City Drainage Imp -Citrus & Sa 28,750.00 0.00 105 Library Special Grants Fund 88,617.52 0.00 107 Fine & Forfeiture Fund 36,243.79 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 3,608.43 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 2,573.92 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,875.47 0.00 107006 F&F Fund -Court Related Technology 1,032.50 0.00 107153 USDOJ Edward Byrne JAG FY07 5,045.00 0.00 107157 USDOJ Edward Byrne Mem Justice 2008 3,589.79 0.00 107205 Juvenile Justice & Delinquency Prev 287.93 0.00 107206 FDCF Criminal Justice, Mental Healt 1,340.00 0.00 130 SLC Public Transit MSTU 116,175.85 0.00 130100 FTA 5307 Capital and Operating assi 48,202.00 0.00 130207 FDOT Fized Route Grant 43,837.72 0.00 140 Airport Fund 5,417.76 0.00 140001 Port Fund 65.91 0.00 140360 FDEP Airport W Commerce Prk Sewer 2,000.00 0.00 150 Impact Fee Collections 29.98 0.00 160 Plan Maintenance RAD Fund 85.50 0.00 183 Ct Administrator-19th Judicial Cir 5,492.76 0.00 183001 Ct Administrator-Arbitration/Mediat 706.30 0.00 183004 Ct Admin.- Teen Court 312.63 0.00 183006 Guardian Ad Litem Fund 15,368.30 0.00 184205 FDEP Fort Pierce Shore Protection P 3,855.48 0.00 184211 FDEP South SLC Beach Restoration 29,548.26 0.00 185009 FHFA SHIP 2007/2008 262.95 0.00 08/14/09 FZABWARR FUND TITLE 189100 189201 215 216 310002 316 316802 318 318102 401 418 451 461 471 491 505 505001 611 625 679 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #46- 08-AUG-2009 TO 14-AUG-2009 FUND SUMMARY Horne Consortium FHFC Hurricane Housing Recovery Pla Sales Tax Revenue Bonds I&S Fund County Capital I&S Impact Fees -Parks County Capital FIND Stan Blum Boat Ramp County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Timberlake Estates MSBU Bank Fund GRAND TOTAL: EXPENSES 26,109.15 56,733.39 1,000.00 1,202.00 172,580.00 614,619.98 4,561.50 4,714.72 8,883.00 514,766.45 6,075.12 39,717.33 12,833.42 70,682.07 2,148.65 307,457.09 30,242.11 455.00 146.25 322.10 26,825.82 3,081,337.25 PAGE 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 1, 633.70 0.00 0.00 0.00 0.00 0.00 1, 633.70 r TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B-1 Date: August 18,2009 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Mitigation Bank Credit Refund Agreement with Southland Contracting, Inc., as Assignee of B&C West Side Development, L.L.C. BACKGROUND: See C.A. No. 09-0967 FUNDS AVAIL.(State*type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Refund Agreement with the Southland Contracting, Inc., as assignee of West Side Development, L.L.C., and authorize the Chair to sign the Agreement. COMMISSION ACTION: UQ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED County Attorney: .)&44,, jq'sh Dnneel 5. McIntyre i4 -C-41 Y Q ,; Originating Dept.: tames R. David Fncnce (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-0967 DATE: August 6, 2009 SUBJECT: Bear Point Mitigation Bank - Mitigation Bank Credit Refund Agreement with Southland Contracting, Inc., as Assignee of B&C West Side Development, L.L.C. BACKGROUND: On August 15, 2005, the County entered into a Bear Point Mitigation Bank Credit Purchase Agreement with West Side Development, L.L.C. for the reservation of 1.2 Dual State/Federal mitigation credits. Pursuant to the agreement, the developer paid a reservation fee in the amount of $26,280.00 to the County which represented twenty-five percent (25%) of the total purchase price for the reserved credits. The agreement provided for the parties to subsequently enter into a Purchase Agreement for the credits. To date, the developer has not executed the Purchase agreement. On November 14, 2005, the County received a payment in the amount of $78,840.00 from Southland Contracting, Inc., as assignee of West Side, for the remainder of the purchase price and the credits were deducted from the Mitigation Bank ledger by the Florida Department of Environmental Protection ("DEP"). Although the developer obtained an Environmental Resources Permit from the South Florida Water Management District, it was unable to obtain the other necessary permits for the proposed project and no longer intends to develop the property. As it will receive no benefit from the credits, Southland has requested a refund of the total amount paid for the reservation and the purchase of the credits in the amount of $105,120.00. In lieu of a monetary refund, the attached agreement provides for the County to cooperate with Southland in the sale and assignment of the credits to a third party subject to the conditions that (a) the Developer and/or Southland will obtain a vacation of the Environmental Resources Permit No. 56-02270-P, and (b) DEP approves the adjustment of the bank ledger. 1 RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Refund Agreement with the Southland Contracting, Inc., as assignee of West Side Development, L.L.C., and authorize the Chair to sign the Agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Management and Budget Director Finance Director 2 2. The County agrees that Southland may assign and sell the Credits, to a third party, and the County shall fully cooperate with said sale and assignment, subject to the conditions that (a) the Developer and/or Southland will obtain from the South Florida Water Management District a vacation of Environmental Resource Permit No. 56-02270-P, and (b) DEP approve the adjustment of the credit ledger for the Bank. 3. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Southland and the County. Any dispute which is not resolved by mutual agreement shall proceed to non binding mediation. 4. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 5. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. -3- 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: DEPUTY CLERK ATTEST: - "-- - /0 - SECRETARY 9:\atty\forms\bearpt.bhc.southland.refund. doe BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SOUT AA ,—C 0KI ACTING, INC. BY PRESIDENT (SEAL) EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT SITE The North 500 feet of the South 1300 feet of Government Lot 3 Lying West of State Road A1A in Section 14, Township 345, Range 40 East, all lying and being in St. Lucie County, Florida. -5- 114 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: August 18, 2009 REGULAR[] PUBLIC HEARING (] CONSENT [xx] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise - Resolution No. 09-236 - Award of Courthouse Annex Phase 1-A Project BACKGROUND: See CA09-969 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Resolution No. 09-236 for public hearing before the Board of County Commissioners on September 1, 2009, at 6p.m. or as soon thereafter as may be heard. COMMISSION ACTION: J APPROVED [ ] DENIED �Q OTHER: Pulled CONCURRENCE: Faye W. Outlaw, MPA County Administrator 4 Review and Approvals County Attorney: L"Q1 Management 6 Budget Purchasing:_ Daniel S. McIntyre Marie Gouin Originating Dept. Public Works Dir: County Eng. Don West Finance: (Check for copy only, if applicable) Mike Powley Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-969 DATE: August 18, 2009 SUBJECT: Permission to advertise - Resolution No. 09-236 - Award of Courthouse Annex Phase 1-A Project ************************************************************************** BACKGROUND: On. April 21, 2009, the Board approved Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. On July 7, 2009, the Board approved the Courthouse Annex Phase 1-A Project as a local economic stimulus project. In accordance with Section 255.20(10), Florida Statutes (2009), staff recommends that the Board find that it is in the best interests of the local government to award the Courthouse Annex Phase 1-A Project to David Brooks Enterprises, Inc., an appropriately licensed private sector contractor, according to procedures established by and expressly set forth in Resolution 86-165, specifically Section 5.5 Bid Waiver. A waiver of formal sealed bids is appropriate for this project because there is a clear and present threat to public health and safety as a result of the economic crisis in St. Lucie County which is impeding economic growth and development in the County and otherwise impairing the orderly administration of County government and there is a single source which can adequately perform this project. David Brooks Enterprises, Inc., is uniquely qualified to undertake the project because it is currently under contract to perform work that is affiliated with the project. Specifically, David Brooks Enterprises, Inc. has been contracted to build the Clerk of Court building, the Chiller Plant, and to remodel the old Clerk of Court building. Together with the Courthouse Annex, these buildings comprise the Downtown Judicial Complex. The architect of record, Paul Dritenbas, has provided a written recommendation dated August 6, 2009, that the project be awarded to David Brooks Enterprises, Inc. without competitive selection, a copy of which is attached. The estimated cost of the project is $2,600,000.00 (two million six hundred thousand dollars). Section 255.20(10) requires that the Board make its determination on the award of this project at a public hearing. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Resolution No. 09-236 for public hearing before the Board of County Commissioners on September 1, 2009, at 6p.m. or as soon thereafter as may be heard. Respectfully submitted, Heather Spe razza eke Assistant County torney Attachment RESOLUTION NO. 09-236 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FINDING THAT IT IS IN THE PUBLICS BEST INTEREST TO AWARD THE COURTHOUSE ANNEX PHASE 1-A PROJECT TO DAVID BROOKS ENTERPRISES, INC. ACCORDING TO THE PROCEDURES ESTABLISHED BY AND EXPRESSLY SET FORTH IN RESOLUTION 86-165 AND PURSUANT TO SECTION 255.20(10), FLORIDA STATUTES (2009). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On April 21, 2009, the Board approved Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program; and 2. On July 7, 2009, the Board approved the Courthouse Annex Phase 1-A Project as a local economic stimulus project; and 3. In accordance with Section 255.20(10), Florida Statutes (2009), it is in the best interests of the local government to award the Courthouse Annex Phase 1-A Project to David Brooks Enterprises, Inc., an appropriately licensed private sector contractor, according to procedures established by and expressly set forth in Resolution 86-165, specifically Section 5.5 Bid Waiver; and, 4. A waiver of formal sealed bids is appropriate for this project because there is a clear and present threat to public health and safety as a result of the economic crisis in St. Lucie County which is impeding economic growth and development in the County and otherwise impairing the orderly administration of County government and there is a single source which can adequately perform this project; and, 5. David Brooks Enterprises, Inc., is uniquely qualified to undertake the project because it is currently under contract to perform work that is affiliated with the project. Specifically, David Brooks Enterprises, Inc. has been contracted to build the Clerk of Court building, the Chiller Plant, and to remodel the old Clerk of Court building. Together with the Courthouse Annex, these buildings comprise the Downtown Judicial Complex; and, On the Board held a public hearing on this Resolution, after publishing a notice of such hearing in the St. Lucie News Tribune on . and, 7. The architect of record, Paul Dritenbas, has provided a written recommendation dated August 6, 2009, that the project be awarded to David Brooks Enterprises, Inc. without competitive selection, a copy of which is attached as Exhibit "A". 8. The consideration by, and justification of, the government body have been documented, in writing, in the project file and were presented to the Board by County staff in the staff memorandum dated August , 2009, which is attached as Exhibit "B" prior to the public hearing. 9. The estimated cost of the project is $2,600,000.00 (two million six hundred thousand dollars). NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. The findings set out above are confirmed and adopted as finding of the Board. Section 2. In accordance with the procedures established by and expressly set forth in Resolution 86-165, Section 5.5, Bid Waiver and for reasons set out above, the Courthouse Annex Phase 1-A Project shall be awarded to David Brooks Enterprises, Inc. David Brooks Enterprises, Inc. shall comply with all requirements of Ordinance No. 09-008. Section 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption (the "Effective Date"). Section 4. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman Charles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ENACTED this _ day of , 2009. BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney `_ 11111011119 EDLUND - DRITENBAS • BINKLEY = ARCHITECTS AND ASSOCIATES, P.A. Members of the American Instizuze of Architects AFC+ AAC000886 6 August 2009 To: Roger Shinn Director St. Lucie County Central Services 2300 Virginia Ave Fort Pierce, FL 34982-5632 Re: St. Lucie County Annex Phase 1A Dear Roger, This project, in my professional opinion, is an emergency pursuant to Section 255.20(10), Florida Statutes, and David Brooks Enterprises (DBE) is the one contractor "uniquely qualified" to construct this project because this contractor is currently under contract to perform work within the Annex that is affiliated with.the project. DBE has extensive experience in the complexities of courtroom design having recently completed the new Okeechobee Courthouse. In addition, DBE is uniquely qualified because they have been, working on the St. Lucie County Judicial Complex for approximately three years having completed the new Clerk Building, the renovation of the old clerk building and most recently the new holding cells, elevator and tunnel within the Annex Building. Edlund, Dritenbas, Binkley Architects & Associates, P.A. recommends this next phase to David Brooks Enterprises and invoking the relevant statute referenced herein. LEED s'A.P. Vice President 65 Royal Palm Pointe, Suite 0, Vero Beach, FL 32960 Vero Beach 772/56S-4320 Deerfield Beach S54/42S-OSS5 Fax 772/56S-S208 Fax S54/421 -826S RESOLUTION NO. 86-165 A RESOLUTIOhT AKENDIE� RESOLUT1014 No. 85-212 By AMENDING CERTAIN SECTIONS OF THE MANU2£L OF PURCHASING REGULATIONS AND PROCEDURES FOR ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-2-30, St. Lucie County Code and Compiled Laws, provides for adoption by resolution of a manual of purchasing regulations and procedures. 2. On October 7, 1985, this Board passed Resolution No. 85- 212 which adopted the St. Lucie County Manual of Purchasing Regulations and Procedures. 3. On November 12, 1985, this Board adopted Resolution No. 85-239 which amended Resolution 85=212 to incorporate certain changes to the purchasing manual. 4. Certain additional changes to the purchasing manual will clarify and improve such manual and will provide an efficient system of public procurement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended to incorporate the changes set forth in this resolution. B. This resolution shall be effective on the date of its adoption. C. Except as amended herein, Resolution 85-212 as amended by Resolution 85-239 shall remain in full force and effect. nnr).•. oorr RR After motion and second the vote on this resolution was as f oll ows : Chairman Havert L. Fenn Absent Vice Chairman Jim Minix Aye Commissioner E. E. Green Aye Commissioner R. Dale Trefelner Absent Commissioner Jack Krieger Aye PASSED AND DULY ADOPTED this 5th day of August, 1986, ,,-' f BOARD OF COUNTY COMMISS 0.. ATTEST: ST. LUCIE COUNTY, FLQRYbA: r t }i 1 By:� CLERK CE CHAIRMAN APPROVED AS TO FORM AND RRECTNESS: COUNTY Bou 511 PACE 189 Normally, major purchases of materials, supplies, equipment, and contracted services (excluding professional services) from outside vendors by County Departments 1W1s-t-wily be acquired through competitive quotations or bidding through the Purchasing Department or pursuant to State Contract as provided by Chapter 287, Florida Statutes. The only exceptions permitted to this policy are those authorized in the other sections of this manual or authorized by the Board of Co jntu Co missionPrc The acauisitlon of professional services 1S eZp P,9aly exempted from this policy and such services shall be approved in accordance with Section 9 of this manual_. To obtain price estimates and/or product information, a Department should contact the Purchasing Department for assistance. (a) For a price estimate, the Department should prepare a REQUEST FOR PRICE ESTIMATE form and submit it to the Purchasing Department. (b) In response to such a request, the Purchasing Department will contact various vendors and obtain price estimates and/or product information. (c) Afterward, the Purchasing Department will return the request form indicating potential vendors, estimated prices, and product information. (d) Such estimates should be distinguished from quotes, which will be obtained by the Purchasing Department when an order is actually placed. Items or services under $57900 $2.500 normally will be acquired through informal quotations as provided in Section 7.2 of this manual. Items or services es over $2 500 and under $5 000 T•�-11- ..-17 L._ __�.__�_� LL �____1_ - _ _ (a) To acquire items or services under $5,000, a Department will prepare a REQUISITION form and submit it to the Purchasing Department. Section 6 of this manual governs the preparation and submission of the REQUISTION form. -14- gtr-dek through passages are deleted. Underlined passages are added. (b) After receipt and review of the form, the Purchasing Department will select a vendor for the requested item or service through informal quotations as provided in Section 7.2 or formal quotations as provided in Section 1,1 of this manual. Other purchasing procedures, such as formal quotations or formal sealed bids, may be used to select a vendor if the Purchasing Agent deems such procedures appropriate for a particular purchase or group of related purchases. 4e4- 1d-L After selecting a vendor for the purchase, the Purchasing Department will complete the purchase award process. Items or services of $5,000 or more shall be acquired through formal sealed bids approved by the Board of County Commissioners or under a State Contract pursuant to Chapter 287, Florida Statutes. (a) To acquire items or services of $5,000 or more, a Department will prepare a memorandum requesting the purchase and submit it to the Purchasing Department along with any necessary specification. The memorandum must be signed by the Department Head. (b) After receipt and review for completeness, the Purchasing Department will prepare a request for formal sealed bids and follow the procedures set forth in Section 7.4 of this manual. (c) After a vendor has been selected by the Board of County Commissioners pursuant to Section 7.4 of this manual, the requesting Department will prepare a REQUISITION form for the purchase and submit it to the Purchasing Department. (d) After receipt and review of the form, the Purchasing Department will complete the purchase award process. Certain purchases of $5,000 c quotations if there is a waiver sealed bids by the Board of County -15- r more may be acquired through of the requirement for formal Commissioners. BOOK 511 Pacf 191 Struek through passages are deleted. Underlined passages are added. (a) The waiver of formal sealed bids may be requested mil--, : (1)Tf an emergency exists which would result in a direct loss to the County or imminent damage to public safety or health by requiring competitive bids due to the time loss inherent in the bidding procedures er-whence. (2) I there is only a single source for a purchase (3) If used items are available which would result in a substantial savings over purchase of new items subjeet--ter-a- determtnation--by-a-nraj-OTity--of-the Beard -at -a -regular -or -special -meeting. (4) If the request is for a service contract for the maintenance, repair or servicing of xi�t;na facilities or equipment owners or leased by the Countv. (b) For bid waivers on items or services of $5,000 or more, a Department will prepare and submit to the Purchasing Department a memorandum requesting the waiver, stating the emergencyT--e-.-i-derrc,�-of--&i-ngle---sotrr reason for such waiver and detailing the facts, circumstances and conditions for the waiver. The memorandum must be signed by the Department Head. (c) After receipt and review, the Purchasing Department will recommend either to approve or to disapprove the request for a bid waiver. (1) If approval is recommended, the request will be submitted to the County Administrator. (2) If disapproval is recommended, the request will be returned to the requesting Department. (3) Any dispute between the Purchasing Department and the requesting Department shall be resolved by the County Administrator. (d) The County Administrator shall submit all recommended bid waiver requests to the Board of County Commissioners for their consideration. (e) If the bid waiver request is approved by a majo it-v of Board of County Commissioners at a regular or ST>ecial meeting, the Purchasing Department may proceed to acquire the requested items or services. -16- BOOK 511 PnE 192 StruEk through passages are deleted., Underlined passages are added. ITEM NO. VI-B-3 7c6UMN Ty . F L O R I D A AGENDA REQUEST DATE: 08/18/09 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark J. Godwin SUBMITTED BY: County Attorney/Criminal Justice Div. Criminal Justice Coordinator SUBJECT: Adopt Resolution No. 09-237 to award the 2009-2010 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab pursuant to Section 893.165 F.S. BACKGROUND: The St. Lucie County Drug Lab qualifies as an alcohol and drug abuse prevention, treatment and or education program in accordance with Section 893.165, Florida Statutes and St. Lucie Code and Complied Laws Section 1-7-23. The St. Lucie County Drug Lab opended on July 1, 2008, and currently averages five hundred fifty (550) individual tests per week. The Lab tests clients from the criminal, pretrial, and family divisions of court along with providing tests to specialized courts such as Mental Health and Drug Court. Many of the clients are "waived" by the courts due to indigence declarations by the Judges. The Drug Abuse Treatment Fund would help offset the cost of chemicals for the defendants who have had their fees waived by the courts. The Lab screens clients for the following: Cocaine, Marijuana, Opiates, Alcohol, Methadone, Barbiturates, Amphetamines, Benzodiazepines, Oxycodone, PCP and Propoxyphene. That makes up the 11 panel test. We additionally test for Creatinine and Specific Gravity levels which would allow you to see if the sample is dilute. FUNDS AVAILABLE: N/A PREVIOUS ACTION: In 2007 the Board awarded the Lab approximately $48,000.00 in Drug Abuse Treatment Trust Fund dollars. In 2008 the Board awarded the Lab $14,300.00 in Drug Abuse Treatment Trust Fund dollars. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09-237 and award the 2009-2010 funds collected from the Drug Abuse Treatment Trust Fund to the St. Lucie County Drug Screening Lab. Once approved the 09/10 budget will be revised to reflect this annual allocation. COMMISSION ACTION: APPROVED OTHER ( ) DENIED Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst (Name) (Name) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-0978 DATE: August 18, 2009 SUBJECT: Adopt Resolution No. 09-237 to award the 2009-2010 Drug Abuse Treatment Fund to the St. Lucie County Drug Screening Lab. BACKGROUND: On March 18, 2008, the Board approved the implementation and opening of the St. Lucie County Drug Screening Lab. The Lab opened on July 1, 2008, and currently averages five hundred fifty (550) individual tests per week. Circuit Judge Cynthia Cox endorses the Resolution and had written the following statement regarding the use of the trust funds by the Lab. "I would like to emphasize the importance of this lab, not only to the criminal justice system and pretrial releases, but also to our drug and mental health courts. Substance abuse use and detection is paramount to the successful completion and management of the problem solving courts. Without detecting drug use, we cannot help change the behaviors or make the prescribed drugs effectively to treat the mentally ill. We cannot adequately arrange for treatment or take other corrective action if we are not aware of their use. The drug testing lab, bar none, has been instrumental in the success of our mental health court and we could not continue on without it. Many graduates have admitted that drug testing was the biggest deterrent to relapse. As a felony judge, I was much more confident in allowing someone to be released from the jail, knowing that they would be drug tested and if they used, their bonds or ROR were immediately revoked by the pretrial services dept. Many of the litigants are on SSI/SSD and are unable to pay the full testing fees. Drug addiction requires random and frequent testing to serve as a true deterrent, which can be costly to many; although the frequency decreases once they are involved in treatment and meetings. Without continued drug testing in SLC, our jail population will expand quickly with diminished use of the pretrial program, as well as diminished results in our problem solving courts. This drug testing lab far succeeds any other testing methods that we have used in the past (i.e. sticks). I have many more details if you are interested but I would like to keep this short so that you will read it!!" Recommendation / Conclusion: Staff recommends that he Board adopt Resolution No. 09-237 and award the 2009/2010 funds collected from the Drug Abuse Treatment Fund to the St. Lucie County Drug Screening Lab. RESOLUTION NO. 09-237 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FINDING THAT IT IS IN THE PUBLIC'S BEST INTEREST TO AWARD THE 2009-2010 ALCOHOL AND OTHER DRUG ABUSE TREATMENT FUND GRANT TO THE ST. LUCIE COUNTY DRUG LAB PURSUANT TO SECTION 893.165, FLORIDA STATUTES (2008) AND ST. LUCIE COUNTY CODE AND COMPILED LAWS SECTION 1-7- 23. WHEREAS, pursuant to Section 893.165, Florida Statutes (2008), the Board has established an Alcohol and Other Drug Abuse Trust Fund; and WHEREAS, the St. Lucie County Drug Lab is a county alcohol and drug abuse prevention, treatment or education program; and, WHEREAS, the Board wishes to select the St. Lucie County Drug Lab as the recipient of the Alcohol and Other Drug Abuse Trust Fund grant for 2009-2010. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. The St. Lucie County Drug Lab is the recipient of the Alcohol and Other Drug Abuse Trust Fund grant for 2009-2010. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption (the "Effective Date") Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Paula A. Lewis Vice Chairman Charles Grande xxx Commissioner Chris Dzadovsky XXX Commissioner Doug Coward Commissioner Chris Craft PASSED AND DULY ENACTED this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk ' Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ITEM NO. VI-C1 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing Amendment to contract for pest control services See attached memorandum. DATE: 08/18/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) PRESENTED BY: Marie M. Gouin Director FUNDS AVAILABLE: 00 1 -7216-534000-7103 — Other Contractual Services (Maravilla Park) 001-7420-534000-700 — Other Contractual Services (Fairgrounds) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the eleventh amendment to contract C06-07-407 with Hulett Environmental Services, adding the new St. Lucie County Fairgrounds office building and the Maravilla Park building for a new contract total of $18,638.64, 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) n4 0„,r Budget Analyst an McIntyre N Vf - '( - --) Purchasing (X) P/S Parks & Recreation Melissa Simberlund (X) 4&4L. Pat Marston (X) M---- Debra Brisson Office of Management j _ & Budget/Purchasing • MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director `,� DATE: August 18, 2009 SUBJECT: Amendment to contract for pest control services ITEM NO. VI-Cl Background: In 2006, St. Lucie County entered into a contract with Hulett Environmental Services, located in Ft. Pierce, to provide continuing pest control services on a monthly basis for County facilities and buildings. The new office building at the St. Lucie County Fairgrounds is now complete and requires monthly services. This building can be added to the contract for $8.00 per month. The Maravilla Park building does not have monthly service and has been experiencing significant problems recently. This facility/building can be added to the contract for $12.00 per month. The new contract total will be $18,638.64 per year. The eleventh amendment to contract C06-07-407 is attached. Previous Action July 11, 2006 — BOCC approval of contract in the amount of $11,834.64 August 28, 2007 — First amendment to add Guardian Ad Litem October 9, 2007 — Second amendment to add Open Space Pool and Tradition Field January 8, 2008 — Third amendment to add the new Clerk of Courts Building May 5, 2008 — Fourth amendment to delete Clerk of Courts, Depot Drive and Orange Blossom Mall, to add Clerk of Courts, Rhode Island and exercise the first one-year renewal option May 22, 2008 — Fifth amendment to add St. Lucie County Logistic Center August 12, 2008 - Sixth amendment to add three Parks locations (Lawnwood Maintenance Building, Parks Office Building and Lakewood Park Regional Maintenance Building) February 10, 2009 — Seventh amendment to remove the Ft. Pierce Community Center and add the Havert L. Fenn Center April 14, 2009 — Eighth amendment to add Central Services Garage and Fuel Pumps May 26, 2009 — Ninth amendment to add Lakewood Park Pool and Ravenswood Pool buildings June 23, 2009 — Tenth amendment to add the new EOC, remove Clerk of Court building on Rhode Island Avenue and extend contract term through August 31, 2010 Recommendation Board approval of the eleventh amendment to contract C06-07-407 with Hulett Environmental Services, adding the new St. Lucie County Fairgrounds office building and the Maravilla Park building for a new contract total of $18,638.64, and authorization for the Chair to sign documents as approved by the County Attorney. C06-07-407 ELEVENTH AMENDMENT TO JULY 11, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND HULETT ENVIRONMENTAL SERVICES THIS ELEVENTH 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 HULETT ENVIRONMENTAL SERVICES or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on July 11, 2006 the parties entered into a contract for Pest Control Services; and WHEREAS, on August 29, 2007 the parties executed the first amendment to the Contract adding one (1) location (Guardian Ad Litem); and WHEREAS, on October 9, 2007, the parties executed the second amendment to further amend the Contract adding two (2) locations (Open Space Pool and Tradition Field); and WHEREAS, on January 8, 2008 the parties executed the third amendment to further amend the Contract adding one (1) locations (New Clerk of Courts Building); and WHEREAS, on May 5, 2008 the parties executed the fourth amendment to the contract to deleting two (2) locations (Clerk of Courts — Depot Drive and Orange Blossom Mall), adding one (1) location (Clerk of Courts — Rhode Island), and exercising the first one- year renewal option; and, WHEREAS, on May 22, 2008 the parties executed the fifth amendment to the contract adding one (1) location (St. Lucie County Logistic Center); and, WHEREAS, on August 12, 2008 the parties executed the sixth amendment to the contract adding three (3) Parks locations (Lawnwood Maintenance Building, Parks Office Building, and Lakewood Park Regional Maintenance Building); and, WHEREAS, on February 10, 2009 the parties executed the seventh amendment to the contract removing the Ft. Pierce Community Center and adding the Havert L. Fenn Center; and, WHEREAS, on April 14, 2009, the parties executed the eighth amendment to the contract adding Central Services Garage and Fuel Pumps; and, WHEREAS, the on May 26, 2009, the parties executed the ninth amendment to the contract adding two (2) additional locations (Lakewood Park Pool and Ravenswood Pool). WHEREAS, on June 23, 2009, the parties executed the tenth amendment to the contract adding the new Emergency Operations Center located at 15305 W. Midway Road, Page 1 of 2 A C06-07-407 deleting the Clerk of Courts offices on Rhode Island , and exercising the second one-year renewal option extending the contract through August 31, 2010. WHEREAS, the parties desire to further amend the contract to add the new office building at the St. Lucie County Fairgrounds and Maravilla Park. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being: $18,938.64 (eighteen thousand nine hundred thirty-eight and 64/100 dollars) per year as further described on the Bid Form attached as the Amended Exhibit "A". 2. The Bid Form Bid #06-068 Pest Control Services (Exhibit "A") to the Contract is hereby amended and attached hereto and made a part hereof as Amended Exhibit "A" Bid Form — Bid No. 06-068 Pest Control Services. 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: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M3 DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: HULETT ENVIRONMENTAL SERVICES BY: Print Name: Title: Page 2 of 2 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY COST YEARLY COST Airport Terminal 3000 Aviation Way $ 15.22 $ 182.64 Federal Inspection 2990 St. Lucie Blvd. $ 12.06 $ 144.72 Airport Maintenance Building 4801 Airport Road $ 14.00 $ 168.00 Court Admin. (Old Tribune Bldg.) 200 S. 2nd Street $ 8.00 $ 96.00 Health Kids (Old IM Water Bldg.) 117 Atlantic Avenue $ 8.00 $ 96.00 Public Defender 216 S. 2nd Street $ 15.00 $ 180.00 Courthouse Annex 218 S. 2nd Street $ 78.00 $ 936.00 State Attorney 1 (4 Stories) 411 S. 2nd Street $ 36.85 $ 442.20 State Attorney II (2 Stories) 415 S. 2nd Street $ 15.00 $ 180.00 Clerk of Court 210 Depot Drive $ - $ - Libra (Hurston Branch) 3008 Avenue D $ 8.00 $ 96.00 Libra Fort Pierce) 101 Melody Lane $ 20.00 $ 240.00 Libra Port St. Lucie) 180 SW Prima Vista Blvd. $ 8.00 $ 96.00 Library (Lakewood Park) 7605 Santa Barbara Drive $ 15.00 $ 180.00 Library (Morningside) 2410 SE Mornin side Blvd. $ 20.00 $ 240.00 A ricultural Center 8400 Picos Road $ 15.00 $ 180.00 Hurricane House (Ag) 8400 Picos Road $ 5.00 $ 60.00 Administration Complex 2300 Virginia Avenue $ 125.00 $ 1,500.00 South County Annex 250 SW Country Club Drive $ 45.00 $ 540.00 Walton Road Annex 1664 SE Walton Road $ 36.25 $ 435.00 Road & Bridge - Main Office 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Bridge - Barn Offices 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Bridge - Sign/Traffic Offices 3071 Oleander Avenue $ 5.00 $ 60.00 Central Services - Office Building 3071 Oleander Avenue $ 8.00 $ 96.00 A/C Maintenance Shop 3071 Oleander Avenue $ 5.00 $ 60.00 Rock Road Jail 900 N. Rock Road $ 188.84 $ 2,266.08 Emergency Operations Center 101 N. Rock Road $ 10.00 $ 120.00 Community Services/Record Management 437 N. 7th Street $ 15.00 $ 180.00 Juvenile Court/Clerk Records Management 435 N. 7th Street $ 20.00 $ 240.00 Sheriff Department - Office Building 4700 Midway Road $ 55.00 $ 660.00 Lincoln Park Community Center 1306 Avenue M $ 8.00 $ 96.00 Restroom/Pump House 2020 Juanita Avenue $ 5.00 $ 60.00 Indrio School House 18850 Indrio Road $ 5.00 1 $ 60.00 Page 1 of 3 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY COST YEARLY COST Walton Road Community Center 11090 Ridge Avenue $ 8.00 $ 96.00 Recreation Division Office 1302 Virginia Avenue $ 8.00 $ 96.00 Gardner House 414 E. Seaway Drive $ 8.00 $ 96.00 Historical Museum 414 E. Seaway Drive $ 15.00 $ 180.00 UDT Seal Museum 3300 N. A.1.A. $ 8.00 $ 96.00 $ - $ - Fairwinds Golf Course 4400 Fairwinds Drive $ 8.00 $ 96.00 Savannas Recreation Area 1400 E. Midway Road $ 5.00 $ 60.00 Oxbow Environmental Center 5400 St. James Drive $ 8.00 $ 96.00 Fairgrounds Maintenance Bldg 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds Concession Bldg 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds Main Office 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds - Exhibit Hall Bldg. #1 15601 W. Midway Road $ 10.00 $ 120.00 Fairgrounds - Exhibit Hall Bldg: #2 15601 W. Midway Road $ 8.00 $ 96.00 Fairgrounds - Exhibit Hall Bldg. #3 15601 W. Midway Road $ 8.00 $ 96.00 Pumping Station 3251 N. A.1.A. $ 5.00 $ 60.00 South Hutchinson Wastewater Treatment Plant 7601 S. Ocean Drive $ 5.00 $ 60.00 $ - $ - Supervisor of Elections - Orange Blossom Mail 4300 Okeechobee Road $ 10.00 $ 120.00 First Amendment Addition Guardian Ad Litem 584 NW University Blvd. Ste 600 1 $ 10.00 $ 120.00 Second Amendment Addition Open Space Pool 1211 Avenue M $ 8.00 $ 96.00 Tradition Field 1527 NW Peacock Blvd. $ 188.00 Is 2,256.00 Third Amendment Addition New Clerk of Courts Building 201 S. Indian River Drive 1 $ 78.00 $ 936.00 Fourth Amendment Addition GIB 12400 Rhode island 1 $ - Is - Fifth Amendment Addition St. Lucie County Logistics Center 3855 S. U.S. Highway 1 1 $ 150.00 1 $ 1,800.00 Page 2 of 3 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY COST I YEARLY COST Sixth Amendment Addition Lawnwood Maintenance Building 1805 Quincy Avenue $ 14.00 $ 168.00 Parks Office 3020 Will Fee Road $ 14.00 $ 168.00 LWP Regional Maintenance Building 5990 Emerson Avenue $ 14.00 $ 168.00 Seventh Amendment Addition Havert L. Fenn Center 2000 Virginia Avenue $ 32.00 $ 384.00 Eighth Amendment Addition Central Services - Garage and Fuel Pumps 3071 Oleander Avenue $ 8.00 $ 96.00 Ninth Amendment Addition Lakewood Park Pool & Building 5990 Emerson Avenue $ 15.00 $ 180.00 Ravenswood Pool & Building 200 Ravenswood lane $ 15.00 $ 180.00 Tenth Amendment Addition New EOC Building 15305 W. Midway Road $ 49.00 1 $ 588.00 Eleventh Amendment Addition Fairgrounds New Office Building 15601 W. Midway Road $ 8.00 $ 96.00 Maravilla Park 12622 Oleander Blvd. $ 12.00 $ 144.00 TOTAL $ 18,938.64 Page 3 of 3 CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin /� SUBMITTED BY: Office of Management & Budget/Purchasing Director I 1 wk SUBJECT: Amendment to contract for generator preventive maintenance, service, inspections and load bank testing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-712-546000-1645 - equipment maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the ninth amendment to contract C05-08-485 with Genset Services, Inc., adding the Agriculture building and extending the contract through September 30, 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) � Budget Analyst an McIntyre Purchasing (X) Central Services Melissa Simberlund 1 (X) 1 tt 'L R�-, TaWon Johnson (X) Roger Shinn Office of Management T & Budget/Purchasing COUNTY • MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin Director V DATE: August 18, 2009 SUBJECT: Amendment to contract for generator preventive maintenance, service, inspections and load bank testing ITEM NO. VI-C2 Background: In 2005, St. Lucie County entered into a contract with Genset Services, Inc., the lowest responsive, responsible bidder, located in Pompano Beach, to provide generator preventive maintenance, services, inspections and load bank testing. The Agriculture building now has a generator that requires annual testing and quarterly inspections. The initial contract was for a period of three years with two one-year renewal options. The current term of the contract will expire on October 1, 2009. There is one additional one-year renewal option remaining. This will extend the contract through September 30, 2010. St. Lucie County would then bid this service mid -year 2010. The ninth amendment to contract C05-08-485 is attached. Previous Action August 23, 2005 — BOCC approval of award of contract May 9, 2006 — First amendment adding the Rock Road jail facility January 8, 2008 — Second amendment adding the Road & Bridge Division building April 15, 2008 — Third amendment adding the St. Lucie County Logistic Center June 17, 2008 — Fourth amendment adding the St. Lucie County Fairgrounds August 22, 2008 — Fifth amendment extending the contract through October 1, 2009 November 25, 2008 — Sixth amendment adding South County Annex and correcting model numbers February 3, 2009 — Seventh amendment adding the downtown chiller plant March 17, 2009 — Eighth amendment adding the new Clerk of Courts building Recommendation Board approval of the ninth amendment to contract C05-08-485 with Genset Services, Inc., adding the Agriculture building, extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. l C05-08-485 NINTH AMENDMENT TO AUGUST 23, 2005 AGREEMENT BETWEEN ST. LUCIE COUNTY AND GENSET SERVICES, INC. THIS NINTH AMENDMENT made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called (the "County"), and GENSET SERVICES, INC., (the "Consultant"). WITNESSETH: WHEREAS, on August 23, 2005, the parties entered into a contract for generator preventative maintenance, service, inspections, and load bank testing; and, WHEREAS, on May 9, 2006, the parties executed the first amendment to the Contract adding the generator located at the Rock Road Jail Facility; and, WHEREAS, on January 8, 2008, the parties executed the second amendment to the Contract adding the generator located at Road and Bridge; and, WHEREAS, on April 15, 2008, the parties executed the third amendment to the Contract adding the St. Lucie County Logistics Center; and, WHEREAS, on June 17, 2008, the parties executed the fourth amendment to the Contract adding the St. Lucie County Fairgrounds; and, WHEREAS, on August 22, 2008 the parties executed the fifth amendment to the contract exercising the first one-year renewal option extending the contract through October 1, 2009; and, WHEREAS, on November 25, 2008 the parties executed the sixth amendment to the contract amending the locations of County generators; and, WHEREAS, on February 3, 2009 the parties executed the seventh amendment to the contract adding the (3) generators at the Downtown Chiller Plant; and, WHEREAS, on March 17, 2009, the parties executed the eighth amendment to the contract adding the generator at the new Clerk of Courts building; and, Page 1 C05-08-485 WHEREAS, the parties desire to further amend the contract to add the generator at the Agricultural building and exercise the second one-year renewal option extending the contract through September 30, 2010. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 7 TERM of the Contract is hereby amended to read as follows: 7. TERM The term of this Contract shall be for a period of five (5) years beginning on October 1, 2005 and continuing through and including September 30, 2010. 2. The Bid Form for Bid #05-076 Generator Preventative Maintenance, Service, Inspections, and Load Bank Testing (Continuing Contract) Central Services Department attached to the Contract is hereby amended and attached hereto and made a part hereof as Amended Bid Form for Bid #05-076 Generator Preventative Maintenance, Service, Inspections, and Load Bank Testing (Continuing Contract) Central Services Department. 3. Except as amended herein, all other terms and conditions of the August 23, 2005 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has affixed his, its or their names, or name. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY GENSET SERVICES, INC. BY: Print Name: Title: Page 2 Amended Bid Form - 8th Amendment Bid #05-076 Generator Preventive Maintenance, Service, Inspections, and Load Bank Testing (Continuing Contract) Central Services Department Equipment Listing and Fees Minor Inspection Major Inspection Options 2-Hour Unit Location Unit Make & KW Fee Fee Load Bank Test Roger Poitras Building Cummins 500 KW $ 342.50 $ 342.50 $ 600.00 Administration/Civic Magnetek 125 KW $ 257.50 $ 257.50 $ 400.00 Center South County Annex Onan 65KW $ 150.00 $ 150.00 $ 400.00 Sheriffs Admin. Complex Kohler 750 KW $ 342.50 $ 342.50 $ 600.00 Rock Road Detention Ctr. Caterpillar 750 KW $ 342.50 $ 342.50 $ 600.00 Central Serv/Service Onan 40KW $ 150.00 $ 150.00 $ 400.00 Garage Central Serv/Admin Bldg Generac 150KW $ 200.00 $ 200.00 $ 400.00 Rock Road Jail New Pods Caterpillar 250 KW $ 342.50 $ 342.50 $ 600.00 Road & Bridge Kohler 180KW $ 257.50 $ 257.50 $ 400.00 Logistic Center Model 96A01325-S $ 257.50 $ 257.50 $ 400.00 2-125KW Logistic Center Model 96A01325-S $ 257.50 $ 257.50 $ 400.00 2-125KW St. Lucie County Generac Model $ 200.00 $ 200.00 $ 400.00 Fairgrounds SD0100 St. Lucie County Generac Model $ 200.00 $ 200.00 $ 400.00 Fairgrounds SD0080 St. Lucie County Generac Model $ 200.00 $ 200.00 $ 400.00 Fairgrounds SD0080 St. Lucie County Fairgrounds Onan Model GGHG $ 200.00 $ 200.00 $ 400.00 St. Lucie County MQ Power Model $ 200.00 $ 200.00 $ 400.00 Fairgrounds DCA-45SSIU3 St. Lucie County MQ Power Model $ 200.00 Fairgrounds DCA-45SSIU3 $ 200.00 $ 400.00 Downtown Chiller Plant Cummins 350 KW $ 342.50 $ 342.50 $ 600.00 SN37232884 Downtown Chiller Plant Cummins 350 KW $ 342.50 $ 342.50 $ 600.00 SN25326282 Downtown Chiller Plant Cummins 500 KW $ 342.50 $ 342.50 $ 600.00 SN25825974 Clerk of Courts Building Generac 375 KW $ 342.50 $ 342.50 $ 600.00 Agriculture Building Taylor Power $ 257.50 $ 257.50 $ 400.00 SN20663 1. Monday -Friday, (8 a.m. to 5 p.m.) 2. Overtime and Holidays (after 5 p.m.) Hourly Rate 70.00 Hourly Rate $ 105.00 3. Travel Fees Per Mile No Mileage COUNTY LORIFF D AA TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD VI -_P 08/18/2009 CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mas r St. Lucie County Sheriff's Office, Administration Sheriffmsfice Authorization to apply for the 2009 Edward Byrne Memorialistance Grant (JAG) Program — JAG Countywide. BACKGROUND: The St. Lucie County Sheriffs Office is requesting the authorization to submit an electronic grant application to participate in the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide offered by the Florida Department of Law Enforcement. Upon approval of the county administrator, this $214,095 award will be split between the St. Lucie County Sheriffs Office ($71,356), the Port St. Lucie Police Department ($71,356), and the Ft. Pierce Police Department ($71,356). JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice programs. FUNDS AVAILABLE: N/A PREVIOUS ACTION: July 14, 2009 — BOCC approval for county's participation as the coordinating unit of government for Certificate of Participation. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the Florida Department of Law Enforcement (FDLE) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program —JAG Countywide in the amount of $214,095. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER—� Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst 4� Dan McIntyre Marie Gown Sophia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) I Department Name MEMORANDUM TO: Board of County Commissioners i� FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff's Offi a nistration DATE: Tuesday, August 18, 2009 SUBJECT: Authorization to apply for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide. ITEM NO. VI -J:) Background: The St. Lucie County Sheriffs Office is requesting the authorization to submit an electronic grant application to participate in the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide offered by the Florida Department of Law Enforcement (FDLE). Upon approval of the county administrator, this $214,095 award will be split between the St. Lucie County Sheriffs Office ($71,356), the Port St. Lucie Police Department ($71,356), and the Ft. Pierce Police Department ($71,356). JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice programs. Each Law Enforcement agency will choose its own "JAG approved" local initiative and provide its own local programmatic and financial management. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the Florida Department of Law Enforcement (FDLE) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program —JAG Countywide in the amount of $214,095. 1 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: July 14, 2009 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County. Commissioners Accepts x Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Mark Godwin Title: aminal JwtiOe Q�rdinat�or E-mail address: godwinT!stlucieoo.org Agency: St. Lucie Cbunty Address: 2300 Virginia Avenue, Ft, pierce, FL 34982 Telephone: 772-462-1441 County: st. Lucie Date: jjaU144 2009 Sincerely, Chair, Board of County Commissioners VM AS TO FORM CORRECTNESS t FILE Florida Department of Law Enforcement Gerald M. Bailey Commissioner June 24, 2008 Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable Paula Lewis Chairperson, St. Lucie County Board of Commissioners Charlie Crist, Governor Bill McCollum, Attorney General Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture F116P10 S�- C-.sa 2300 Virginia Avenues 11 Fort Pierce, Florida 34982 U Re: Federal Fiscal Year (FFY) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide Dear Chairperson Lewis: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice (USDOJ) for FFY 2009 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. These funds are in addition to the Recovery Act JAG Countywide allocation that was announced in a separate letter. FDLE has set aside ,$Z14,09..5 funds for use by all units of government within St. Lucie, County. The enclosed Program Announcement provides an overview of these funds and can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Service • Integrity • Respect • Quality The Honorable Paula Lewis June 24, 2008 Page Two The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's on-line grant management system. Please complete the enclosed Certificate of Participation and return it within 30 days from the date of this correspondence to: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator We look forward to working with you. If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617-1250. Sincerely, t • u� Claytop H. Wilder Administrator CHW/JP/th Enclosures cc: Mayors in St. Lucie County Law Enforcement Agencies in St. Lucie County Project Directors in St. Lucie County PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program The State of Florida, Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice for $20,421,492 in Justice Assistance Grant (JAG) funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy and Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas, listed below. 1) Law enforcement programs 2) Prosecution and court programs 3) Prevention and education programs 4) Corrections and community corrections programs 5) Drug treatment programs 6) Planning, evaluation, and technology improvement programs 7) Crime victim and witness Programs Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Coordination Efforts Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Chapter 11 D-9.005, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Page 1 Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Each county or coordinating unit of government is encouraged to form a criminal justice coordinating/planning group to identify and implement criminal justice priorities for the county, to plan strategies to address those priorities, to identify areas of greatest need, and to review all possible sources of revenue to make sure that funds go to the programs or issues that need them most. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represents at least 51 percent of the population located in said county. _Match Requirements There is no match requirement under the guidelines of the JAG program. Application Requirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on-line using FDLE's grant management system. The deadline for the on-line submission is 5:00 P.M., Friday, August 21 2009. In addition, applicants must print out the completed application and submit two (2) hard copies (both with original signatures) no later than 5:00 P.M., Friday, August 28 2009 A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, 2331 Phillips Road, Tallahassee, Florida 32308, Attention: Clayton H. Wilder, Administrator. Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county. Questions regarding this Program Announcement should be directed to Clayton H. Wilder, Florida Department of Law Enforcement, at (850) 617-1250. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST ITEM NO. VI-E DATE: 8/18/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: �v P Michael Powley, P.E Y Public Works/Engineering Division County Engineer Mainline Supply Partial Release of Surety — Road Improvement Agreement See attached memorandum. N/A PREVIOUS ACTION: November 25, 2008 — Board approved the Road Improvement Agreement. RECOMMENDATION: Board approval of the partial release of surety for Mainline Supply in the amount of $423, 866.25. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney (x) 31" D niel McIntyre K < + ` n> Originating Dept. (x ) Do raldWest Mainline Supply partial release of surety.ag CONCURRENCE: Faye W. Outlaw, MPA County Administrator Finance ( x ) Sh rancis County Engineer (x ) rJAVp icha I Powley k# 00( Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer Wlsr M� P DATE: August 18, 2009 SUBJECT: Mainline Supply Partial Release of Surety — Road Improvement Agreement ITEM NO. VI-E Background: Mainline Realty, LLC, developer of Mainline Supply Co., was required to construct off -site improvements within the Glades Cut -Off Road right-of-way. This project is within the City of Port St. Lucie and is located east of 1-95 and northwesterly of Glades Cut -Off Road. Pursuant to the terms of the agreement, the developer provided a letter of credit in the amount of $499,808.69. The developer has requested a partial release of surety in the amount of $423,866.25. The developer proposes to issue the county a new letter of credit in the amount of $75,942.44 and requests the return of the original letter of credit. County staff has reviewed the Certification of Partial Completion (Attachment A) and Engineer's Estimate of Partial Completion (Attachment B) provided by the developer's engineer, and supports the request for the partial release of surety. Recommendation: Board approval of the partial release of surety for Mainline Supply in the amount of $423,866.25. Certification of Partial Completion - Attachment A Engineers Estimate of Partial Completion - Attachment B Attacnn IC' it �NGNE�RNG 459 N.W. Prima Vista Blvd. • Port St. Lucie, FL 349B3 • (772) 340-4990 • Fax (772) 340-7996 Email: frsc9erg@kxxTcastret July 30, 2009 Ronald Harris, P.S.M. — St. Lucie County Surveyor St. Lucie County Engineering Department 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Mainline Supply Co. Parcel 1, LTC Ranch PUD # 1 St. Lucie County Roadway Agreement for Offsite Improvements Partial Certification Dear Mr. Harris: This letter is to certify that all proposed construction associated with the Glades Cutoff Road improvements have been completed in substantial conformance with the approved plans, except for the permanent roadway striping. We have inspected the construction of the improvements throughout the duration of the project. Signed and sealed cost estimates indicating the percentage of completion for each item, record drawings signed and sealed by a Florida licensed surveyor, and geotechnical test results are attached under separate cover. If you have any questions, please call. Sincerely, N1. Randall Rodgers, P.E. cc: File 5-1004slo.doe A. f ,nnell (w/o att) R. White (w/o att) Page 1 of 1 Site Plans a Water & Wastewater System Design a Drainage Plans a Permitting Attachment B Project: Mainline Supply Co. - Bond Reduction Estimate for Offsite Improvements Job 06 04 Calcd By: RR RR �NGIN��f�ING Ckd By: J.T.F. Date: 07-15-09 Pi-r fiT2)3:10-iMA1 FaX (772),W7996 11PR A I111'1;1 i...... \ n. 6421 Protect Length is 1,520 LF. The improvements are complete except for the thermoplastic striping AMOUNT EARTHWORK: QUANTITY UNIT COST TOTAL % COMPLETE REMAINING MOBILIZATION (Approx 5% of Const Costs) 1 LS $21,000.00 $21,000 00 100 % $0 00 SEDIMENT & EROSION CONTROLS 1 LS $7,800 00 $7,800 00 100% $0 00 EARTHWORK & GRADING (ROUGH & FINE) 1 LS $16,000 00 $16,000 00 100% $0.00 FILL 1,500 CY $1050 $15,750.00 100% $0.00 SOD 8,500 SY $1.65 $14,025 00 100% $0.00 SAWCUT EXISTING ROADWAY" 3,500 LF $1.50 $5,250.00 100% $0 00 SUBTOTAL EARTHWORK 1$79,825.00 1 100% 7-1 $0.00 AMOUNT PAVING: QUANTITY UNIT COST TOTAL % COMPLETE REMAINING 1 25" TYPE S-1 ASPHALTIC CONCRETE 4,755 SY $15 00 $71,325.00 100% $0,00 0 75" TYPE S-3 ASPHALTIC CONCRETE OVERLAY 8,075 SY $13 00 $104,975,00 1001/. $0 00 PRIMECOAT 8,075 SY $0.25 $2,018.75 100% $0,00 8" BASE ROCK 5,105 SY $14.50 $74,022.50 100% $0.00 12" STABILIZED SUBGRADE 5,455 SY $8.50 $46,367.50 100% $0 00 &SIDEWALK 1,117 LF $22,50 $25,132.50 100% $0,00 THERMO PLASTIC STRIPING 1 LS $10,750.00 $10,750.00 0% $10,750.00 MOT 1 LS $6,500 00 $6,500 00 100% $0.00 SUBTOTAL PAVING $341,091.25 96.85% $10,750.00 AMOUNT DRAINAGE: QUANTITY UNIT COST TOTAL % COMPLETE REMAINING $0.00 15" RCP (DRIVEWAY) 70 LF $40 00 $2,800.00 100% $0,00 CONCRETE MES (DRIVEWAY) 2 EA $70000 $1,40000 100% $0.00 SUBTOTAL DRAINAGE $4,200.00 100% $0.00 CONSTRUCTION SUBTOTALI $425,116.25 97.47% 1 $10,750.00 AMOUNT MISCELLANEOUS: QUANTITY UNIT COST TOTAL % COMPLETE REMAINING RECORD DRAWINGS 1 LS $5,000.00 $5,000.00 100% $0.00 LAYOUT & TESTING 1 LS $4,500,00 $4,500,00 100% $0 00 SUBTOTAL MISC. I $9,500.00 100% 1 $0.00 AMOUNT TOTAL % COMPLETE REMAINING PROJECT SUBTOTAL $434,616.25 97.53% $10,750.00 CONTINGENCY (15%) $65,192.44 $65,192.44 (Original Amount) GRAND TOTAL $499,808.69 REMAINING = $75,942.44 This Bond Reduction Estimate reflects 96 52% of the proposed improvements are complete. The outstanding balance of the improvements Is estimated at $10,750 The original contingency will be maintained with the County for a period of 1 year and 30 days after final acceptance of the roadway once the improvements are 100% complete A reduction of the original bond from an amount of $499,808 69 down to an amount of $75,942.44 is requested H-\Spreadsheets\Cost Estimates\SLC\Mainline Turn Lanes Bond Reduction_xls Page 1 of 1 941 ITEM NO. VI-F COUNTY`` F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division DATE: 08/18/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) PRESENTED BY: Jessica Parrish Housing Manag r Award Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids See attached memorandum. FUNDS AVAILABLE: 001184-6420-549605-600 CDBG DRI 2005 001113-6420-549605-600 CDBG Supplemental Disaster Recovery 001113-6420-549610-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of bid awards for four rehabilitation and six replacement projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CoordinatioNSionatures Darflel S. McIntyre Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( ) Budget Analyst Marid Gouin Sophia Holt COUNTY F L O R I D A --4110 TO: Board of County Commissioners THROUGH: Beth Ryder, Director!ss�ZJ<' FROM: DATE: SUBJECT: ITEM NO. Background: Jessica Parrish, Housing Manager 08/18/09 Community Services MEMORANDUM Award Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids VI —F The CDBG DRI Grant is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. On July 21, 2009 a mandatory project review with contractors was completed. On August 4, 2009, bids were evaluated in compliance with the approved Housing Assistance Plan. A cost estimate was prepared for each bid. Bids falling 15 percent (15%) below or above the cost estimate were rejected. Awards will be made to the following contractors: • IFB 10 (Replacement) to Grande Construction located in Port St. Lucie, for $82,450.00. • IFB 11 (Replacement) to Clean Cuts, LLC located in Arcadia, for $86,500.00. • IFB 12 (Replacement) to S&V American Construction located in Port St. Lucie, for $88,820.00. • IFB 13 (Rehabilitation) High Tower Construction located in Port St. Lucie, for $51,800.00. • IFB 15 (Rehabilitation) to High Tower Construction located in Port St. Lucie, for $25,590.00. • IFB 16 (Rehabilitation) to Tema Mar Construction located in Port St. Lucie, for $13,800.90. • IFB 17 (Replacement) to White Sands Construction located in Port Charlotte, for $84,200.00. • IFB 18 (Replacement) to White Sands Construction located in Port Charlotte, for $97,400.00. • IFB 19 (Replacement) to White Sands Construction located in Port Charlotte, for $97,400.00. • IFB 20 (Rehabilitation) to Gentile, LLC located in West Palm Beach, for $20,030.00. All the above bids have incorporated green, energy efficient products, such as solar hot water heaters, low flow faucets and Low E windows. Recommendation Board approval of bid awards for four rehabilitation and six replacement projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. 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O�j O) m vi vi (A � cy)vi � w tq x r O O C O 0 O N CD m a Q a g g g g a N a g g CD ui r$ o a a m a o Q Im C, (� Z Z Z Z Z z z z Z Z Z� co Z z 0 z� Z le N m r o N o LL b4 69 O N (A N (H 64 W3, Q Z w O W U to Z LL W O O w O H z O z O j w U U z � z m w > � a U I- O 7 7 w F_ W W O W U z Z a U U S x N m J H Z Z N W U O H Z w > a Z� v O N (..) Z ~ rn Q U J U H CC Z m Z Z Z Z z z W Z O U a 02 M N~ z0 U z OQ, z co U 0 0 W H O U) Z Q fA U H G M } W d � W O U Z m U U z U CCQ U0: U d' �- U y EL U W m Z Z O W< U. D a QU a U w H x J UO r m 2 Z z w a f m o U U w w w O w w O j Q d m Z_ w Z Z U Z_ U J O Z H O (A O U J m Z a Q O Z q w W m O a W m O O m a U F- Y F- Z F S (q J i J w IZ F-- X S S O S W U N O z w S K co U Q w U r aa D Q U 2' w = S' p I W Ci S O a J w ¢ a i Z Z � to a �i 2 m Z a a U m U U O ui C9 (� x x H F ITEM NO. VI — G 1 DATE: 08/18/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y: Jody Bonet SUBMITTED BY: Grants/Disaster Recovery Cultural Affai Manager SUBJECT: Permission to sell beer at the National Navy UDT SEAL XXIV Muster at Pepper Park. BACKGROUND: 'See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Board has approved this request for the past UDT SEAL Muster events. RECOMMENDATION: Board approval of the National Navy UDT SEAL Museum's request to sell beer at the XXIV Annual Muster to be held at Pepper Park on November 6 and 7, 2009. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures A55i County Attorney (X) Daniel McIntyre Originating Dept. (X) i liam Hoeffner ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants and Disaster Recovery Director/Ov FROM: Jody Bonet, Cultural Affairs Manager DATE: August 18, 2009 SUBJECT: Permission to sell beer at the National Navy UDT SEAL XXIV Muster at Pepper Park ITEM NO. VI - G 1 Background: The National Navy UDT SEAL Museum hosts an annual Muster event in honor of Veteran's Day. This year's XXIV Muster will be held November 6, 7 and 8, 2009 at Pepper Park. To raise funds for the Museum and cover costs for the event, the SEAL Museum sells beer and other beverages. Since the Museum is located on County property, the Executive Director of the SEAL Museum has requested permission to sell beer on November 6 and 7, 2009. Recommendation Board approval of the National Navy UDT SEAL Museum's request to sell beer at the XXIV Annual Muster to be held on November 6 and 7, 2009. ITEM NO. VI — G2 DATE: 8/18/09 AGENDA REQUEST REGULAR ( ) ' PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sara E. Agrait S SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer SUBJECT: Fish America Foundation and NOAA Restoration Center's FY2009 Community - Based Habitat Restoration Projects Program - Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Account # 145-6230-531000-600 Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application to the Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program requesting funds of $50,000. COMMISSION ACTION: (fie) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 1s0L County Attorney ( ) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Grants/Disaster ( ) Mosquito Control Recovery Dept. 1hZ4V1 Director liam Hoeffner O Marie Go in f0 TawonnaJohnson O Jim David Grants/Disaster Recovery Department MEMORANDUM TO: Board of County Commissioners ,/ THROUGH: William Hoeffner, Grants/Disaster Recovery Department Directors/✓ FROM: Sara E. Agrait, Grant Resource Developers' DATE: August 18, 2009 SUBJECT: Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program - Grant Application ITEM NO. VI- G2 Background: This agenda item is a request for the Board's authorization to submit a grant application to the Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program. The funding request of $50,000 is for the implementation of the Spoil Island SL-3 Restoration Project. Although a local match contribution is optional, the grant application is more competitive by including a local match. St. Lucie County Mosquito Control District is including a cash contribution of $34,115 from Account # 145-6230-531000-600 Professional Services and $15,185 from the Indian River Lagoon License Plate Fund. The Mosquito Control District will also provide in - kind services of $700 and will manage the restoration project. The Florida Department of Environmental Protection - Bureau of Aquatic Preserves will also contribute volunteer staff time to the restoration activities. The proposed Spoil Island SL-3 Restoration Project will restore various natural habitats in the 5.8 acres of SL-3 island located north of the Fort Pierce Inlet and within the Indian River Lagoon in St. Lucie County. The proposed 12 month project will benefit the ecological sanctuaries for many native species of fish, birds and plants in Spoil Island SL-3. The requested dollars will fund the main project activities, such as: a) construction of a swale and reconnection of an isolated wetland; b) removal of Class I invasive exotic plants (primarily Australian Pine and Brazilian Pepper); c) replanting of native plants on Spoil Island SL-3 d) and installation of a boardwalk over the swale to allow public access in the area. The Florida Department of Environmental Protection volunteers will maintain the project site and monitor the viability of the new plantings. Recommendation Board authorization to submit a grant application to the Fish America Foundation and NOAA Restoration Center's FY2009 Community -Based Habitat Restoration Projects Program requesting funds of $50,000. ITEM NO. VI- G3 DATE: 08/18/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sara E. Agrait �j-- SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer SUBJECT: Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program - Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application for Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program requesting funds of $132,500. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( ) q osr, nana McIntyre Grants/Disaster ( ) Recovery Dept. illiam Hoeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator .. Grants/Disaster Recovery Department C6U Ty • R I r MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director AIA FROM: Sara E. Agrait, Grant Resource Developer 15 0741- DATE: August 18, 2009 SUBJECT: Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program - Grant Application ITEM NO. V1- G3 Background: This agenda item is to request the Board's authorization to submit a grant application for Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program. The grant request is for $132,500 for the Construction Skills Certification Program to be implemented by the Treasure Coast Builders Association (TCBA), a professional local non-profit organization that represents the interests of the building industry in Indian River, Martin, Okeechobee and St. Lucie counties. The proposed TCBA's Construction Skills Certification Program is an industry -driven standardized craft training program. The proposed training will launch a certification program on Core Curriculum - Introductory Craft Skills for the Construction Industry, as provided by the National Center for Construction Education and Research (NCCER). TCBA is an NCCER Accredited Training Sponsor with experience delivering similar training programs in the Treasure Coast area. The proposed program will enable low-income youths, unemployed adults, and dislocated workers in the Workforce Region 20 area (Indian River, Martin, Okeechobee, and St. Lucie Counties) to earn a nationally recognized certification in the construction industry. Trainees will be able to register in national industry databases upon graduation, thus, expanding their opportunities to enter the construction industry workforce. Recommendation Board authorization to submit a grant application for Workforce Solutions of the Treasure Coast's FY2009 Class -Sized Training & Youth Activities Program requesting funds of $132,500. TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: REGULAR VI- G4 08/18/09 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: S44- Sara E. Agrait Grants/Disaster Recovery Department Grant Resource Developer U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program - Grant Application See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application to U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program requesting funds for an amount not to exceed $125,000. COMMISSION ACTION: (X� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( ) v" D n McIntyre Grants/Disaster ( ) Recovery Dept. V ilham Hoeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator Grants/Disaster Recovery COUNTYDepartment • , a MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Directoror/ FROM: Sara E. Agrait, Grant Resource Developer S-A,— DATE: August 18, 2009 SUBJECT: U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program - Grant Application ITEM NO. VI- G4 Background: This agenda item is to secure the Board's authorization to submit a grant application to the U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program. The grant request is for $125,000 for the Caring Hearts Program to be established and coordinated by In the Image of Christ, Inc., a local non-profit organization directed by Hazel Hoylman, dedicated to providing HIV/AIDS prevention education services. There are no matching funds required for this grant opportunity. The proposed 12-month Caring Hearts Program is an HIV prevention -education program that will be focused on female partners of incarcerated or recently released men. Studies have demonstrated an exceptionally high incidence of HIV/AIDS in this population. The program will be patterned after the SISTA model. SISTA is a culturally sensitive curriculum, which provides prevention educational activities to empower female participants with strategies to modify or decrease their engagement in HIV/AIDS high -risk behaviors. Recommendation Board authorization to submit a grant application to U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently Released Men Program requesting funds of $125,000. r1 ITEM NO. VI-H AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Central Services SUBJECT: Flooring for Community Services Offices BACKGROUND: See attached memorandum. DATE: 08/18/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (x) PRESENTED BY: Don McLam — Assistant Director FUNDS AVAILABLE: 001-1931-546200-15019 Community Services -Maintenance Projects PREVIOUS ACTION: June 9, 2009 - BOCC approved reallocation of funds in the amount of $300,000 to renovate Community Services offices. RECOMMENDATION: Board approval to enter into contract with Agler Tile in the amount of $32,595 for the installation of floor covering at the Community Services offices, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 A4. County Attorney ( x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director K� Budget Analyst Dan McIntyre Originating Dept. ( x) I Roger A. Shinn ERD Marie Gouin Robert O'Sullivan (Name) r Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director' FROM: Don McLam, Assistant Director--t� c - Central Services DATE: August 18, 2009 SUBJECT: Flooring for Community Services Offices ITEM NO. VI-H Background: Upon Board approval to reallocate funds in the amount of $300,000 to renovate Community Services offices, work started shortly thereafter and 20% of the work is completed. The renovation will provide a reception area/waiting room, offices for 19 staff, community meeting room, conference room, public and staff restrooms, kitchen/break room, file room, and storage room. Improvements include the installation of vinyl and carpet floor covering. Staff obtained formal quotes for the purchase and installation of the floor covering from three vendors. The lowest quote received was from Agler Tile in the amount of $32,595, as shown in Attachment 1. Agler Tile is located in St. Lucie County. Recommendation: Board approval to enter into contract with Agler Tile in the amount of $32,595 for the installation of floor covering at the Community Services offices, and authorization for the Chair to sign documents as approved by the County Attorney. tr Aug, 6. 2009 8:19AM ATTACHMENT .w Proposal -o-. �� w■ r.rt. ire■ r O%Annvt A /1WL.G1[ i iLG W VMRrG 1 it's ■ IGlMevr%v aZ�. i y� IWO BE Village Green Drive Port St. Lucie, Florida 34952 FAX:� (772) 692-0070 Pp KQ" SUBMITTED TO PHUM GATE S7::t>fEi JOB NAME CRY, STATE and $P CODE ICM LOWN 6 .. '7 oL 0 c AIiCtQTEGT DATE OP BANS JOB PHONE wo hereby subnll ApadiclWerne and enttmatea (Or: _... AN material. labor and tort to irstad tt a follewMr. . _ ------__...__ .. _ . .. „ , .., ,.. , _, _ . _---...-__—_-- - • - - - ,, ,, „ . _ A3Aa D est►s utaama b �aseoni r wlll�e nv od of a y adMI'M IkFpi. Payment awrah@Ommb need to be muds. Ot prOpOSB hereby to furnish material and labor— cornpl ate In accordance with above specifications, for the sum of: dollars (5 3%r ✓ ). Payrt► b be mode anas toiows: ! Dapalt d 50% upon aandlodon. A9 rneued Is gtaranloed to be ee Vp@Wed All work to be contoieled In a worMnal ce AIrglCAzad manner eaoordrq IC standard practime. Any aherallon ofd"illon from above epac"Icad 9 irrthing arms 20210 will be executed only upon wrfmm orders, and will become an a" Signutwe oharoe aver end abaft the eellrttate. All aoroemonts contlngeni upon alrrkm aoalotnil or delaya beyond our Control. owner to carry Ilre, tornado and other necessary irwxwca. NrNe p mayy be 80 withdrawn byy a us if not accceptinept ed wi{ftin days J Our workbag are fully covered by Vfteamn'a Canpenaegon Insurance. Arteptance of propoul .—. The ah-m vices, soaei}ications and conditions are satisfactory and are hereby accepted, lbu are authorized Signature to do the work as specified. Payment will be made ss outlined above. Doha of Acceptanoe; Signature ,.s` IV ITEM NO. VI -I DATE: 08/18/09 iCOUNTY • 1 . A- AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENJ E BY: Gertrude er,CFS SUBMITTED BY: SLC �ervisor of Elections Supervisor of Elections SUBJECT: Purchase a High Speed Counter with Credit Memo No.CM10329 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to purchase a High Speed Counter with the Credit from 12 Precinct Tabulators that were returned and approve the 2008/2009 Budget Amendment for the Supervisor of Elections. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) OMB Director (X ) Budget Analyst Daniel McIntyre I` �f Originating �G�W 9 9 Dept. P ( X ) � ERD ( ) Gertrude Walker Marie Goum Sophia Holt Supervisor of Elections MEMORANDUM TO: Board f County Commissioners FROM: Supe a of Elections DATE: August 18, 2009 SUBJECT: Purchase a High Speed Counter with Credit Memo No.CM10329 ITEM NO. VI -I Background: Precinct Tabulators that were purchased in 2007 were returned to the manufacturer for a credit of $68,820.00. This is a request to purchase a High Speed Counter using the sales quote of $68,820.00. The High Speed Absentee Ballot Counter is needed due to the tremendous increase in vote —by — mail. It has increased 165% since 2007. The Precinct Tabulators are not needed because I plan to decrease the number of precincts. Precinct voting has declined to only 29% of turnout in 2008 General Election. Recommendation: Board authorization to purchase a High Speed Counter with the credit from 12 Precinct Tabulators that were returned and approve the 2008/2009 Budget Amendment for the Supervisor of Elections. REM I _E R� L.LE T! CNI Si ,L,� 10'D PO. Box 1019 Allen TX 75013 United States Bill To St. Lucie County 4132 Okeechobee Rd Fort Pierce FL 34947 United States AVOS Unit VL/D w/ Mdm III HIM IM III CM 10329 Credit # Date Customer Memo PO # Sales Rep Reason 0 12 - AVOS UNIT VUD W/ MDM i i Credit Memo CM 10329 9/9/2008 C10283 St Lucie County Election 112396 / 7-INVO0220 Pickett, Rob L Other (Specify) Returned 500909 5,735.00 68,820.00 Total $68,820,00 Sales Quote O'd F!_F� ir;i,1_ t I �)J P.O. Box 1019 Allen TX 75013 United States Estimate # OT11014 Bill To St. Lucie County 4132 Okeechobee Rd Fort Pierce FL 34947 United States Ship To St. Lucie County 4132 Okeechobee Rd Fort Pierce FL 34947 United States Date Customer Contact Customer Phone Sales Rep Ship Via Memo Special Instructions PCS Version 2.0.4 ASM Version 1.0.4 10/3/2008 Gertrude Walker (772) 462-1500 Pickett, Rob L Estimated Shipping 1650 1 DRS PS900 SCANNER & CASE 46,574.00 : 46,574.00 1 ! PREMIER CENTRAL SCAN SOFTWARE - 12 MONTH LICENSE 9,000.00 9,000.00 1 ASSURE SECURITY MANAGER SERVER 2,100.00 2,100.00 1 AIMS SOFTWARE -12 MONTH LICENSE 5,000.00 5,000.00 3 CABLE CAT5 RJ45 25FT 8.50 . 25.50 1 SWITCH 3 COM 8 PT 10/100 51.00 ` 51.00 1 V4 DIAGNOSTIC MARK SET BALLOT (PER PKG OF 25 SHEETS) 16.50. 16.50 4. V4 ENDER BALLOTS (PKG OF 25 EACH) 16.50 66.00 4. V4 BATCH START CARD PKG 25 16.50 i 66.00 2 TECHNICAL SUPPORT (INSTALLATION AND ACCEPTANCE TESTING) 1,365.00 2,730.00 2 ' LOGIC & ACCURACY TESTING 1,365.00 2,730.00 TRAVEL EXPENSES ARE NOT INCLUDED IN QUOTE AND WILL BE INVOICED ADDITIONALLY AT ACTUAL EXPENSE. TRAINING IS NOT INCLUDED IN QUOTE. ANNUAL LICENSE FEES AND EXTENDED WARRANTIES: ANNUAL LICENSE FEES: PCS SOFTWARE LICENSE FEE: $2,420 PER YEAR ASM SOFTWARE LICENSE FEE: $900 PER YEAR EXTENDED DRS900 WARRANTY. 12 MONTH WARRANTY: $2,750 Subtotal 68,359.00 Shipping Cost (Estimated Shipping) 461.00 Total $68,820.00 This quote is valid for 60 days and subject to change for scope and configuration updates. Equipment will not be delivered without state certification or written permission by applicable state. III II �I�lI[Il�Il�II111l9lI�I i!I QT11014 Y AGENDA REQUEST �• ' =- G ►e&.4MA ITEM NO. VII-A DATE: August 18, 2009 REGULAR[ ] PUBLIC HEARING [x] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 09-007 - Chapter 7 Land Development Code - Street Trees BACKGROUND: FUNDS AVAILABLE: See CA No. 09-718 PREVIOUS ACTION: This Ordinance was heard by the Local Planning Agency on March 19, 2009, and April 16, 2009, and was recommended for approval. RECOMMENDATION CONCLUSION: This is the first of two public hearings. No action is needed at this time. The second public hearing will be on September 1, 2009, at 6 p.m., or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: J [ ) Parks & Recreation Director [ ] Solid Waste Mgr f ]Finance:(check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-718 DATE: August 18, 2009 SUBJECT: Ordinance No. 09-007 - Chapter 7 Land Development Code - Street Trees BACKGROUND: Section 7.09.00 sets out general landscaping requirements for residential and non-residential developments. This section has been consistently interpreted by Staff to require street trees in single-family subdivisions. Recently, applicants have expressed confusion about the applicability of this section to their projects. At the two hearings before the Local Planning Agency, this ordinance included a new requirement for street trees every 30 feet. However, members of the public, specifically local planning practitioners, raised several issues which has led Staff to believe that a comprehensive change to our street trees requirement is needed and will now be addressed through the revisions to Chapter 6 and 7, currently being drafted. For the time being, several scrivener's errors and some confusing language needs to be corrected to clarify the intent of this section with regard to single family subdivisions and our current street trees requirement. This section also needs to change the requirement from landscaping every 15 parking spaces, to landscaping every 10 spaces, to match the previously -adopted parking ordinance (Ordinance No. 07-015). Additionally, "Public Works Director" needs to be changed to "Environmental Resources Director" to reflect who makes decisions with regard to landscaping. This Ordinance was heard by the Local Planning Agency on March 19, 2009, and April 16, 2009, and was recommended for approval. RECOMMENDATION/CONCLUSION: This is the first of two public hearings. No action is needed at this time. The second public hearing will be on September 1, 2009, at 6 p.m., or as soon thereafter as may be heard. Respectfully submitte , He Sperrazza Lueke Assistant County Attorney HSL/ ORDINANCE NO. 09-007 AN ORDINANCE AMENDING CHAPTER 7 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REGULATE STREET TREES; AMENDING SECTION 7.09.02 "APPLICABILITY" TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE-FAMILY SUBDIVISIONS; AMENDING SECTION 7.09.03 TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE-FAMILY SUBDIVISIONS; AMENDING SECTION 7.09.04 TO CLARIFY THAT THE PROVISIONS APPLY TO SINGLE-FAMILY SUBDIVISIONS; FURTHER AMENDING SECTION 7.09.04 TO REQUIRE LANDSCAPING EVERY TEN PARKING SPACES INSTEAD OF EVERY FIFTEEN; CHANGING PUBLIC WORKS DIRECTOR TO ENVIRONMENTAL RESOURCES DIRECTOR THROUGHOUT SECTION 7.09.00; 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. 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 St. Lucie County Land Development Code Adopted August 1, 1990 7-1 Revised Through 05/15/04 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 07-011 February 6, 2007 07-017 June 5, 2007 07-032 November 6, 2007 07-054 December 11, 2007 07-055 November 20, 2007 3. On April 16, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. 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 5. 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 6. This Ordinance is intended to clarify existing regulations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 7.09.00 "LANDSCAPING AND SCREENING" is hereby amended to read as follows: 7.09.00 LANDSCAPING AND SCREENING 7.09.01 PURPOSE The purpose of this Section is to set forth regulations for the proper installation and maintenance of landscaping and the St. Lucie County Land Development Code Adopted August 1, 1990 7-2 Through 05/15/04 Revised preservation of native vegetation that will contribute to air purification, regeneration of oxygen, absorption of water, abatement of noise, glare, heat, and control of erosion, as well as enhance the aesthetic character and value of surrounding neighborhoods and thereby promote the general welfare of the community. Such landscaping would also assist in traffic control, both vehicular and pedestrian. The provisions of the Vegetation and Preservation Section of the Land Development Code (Section 6.00.00) shall supersede the provisions of this Section to the extent of conflict. 7.09.02 APPLICABILITY The landscaping requirements of this Section shall apply to all non-residential uses, including all requested changes in use, except for those uses interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required, regardless of site plan status-,. Landscaping requirements also apply to, aiqd to all residential uses developments, including mobile home parks and subdivisions, single-family subdivisions, PUDs, recreational vehicle parks, and multiple -family residential uses. The landscape requirements within residential use developments apply to the rights -of -way, common areas and open spaces. Within residential use developments, the individual D—detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences must comply only with Sections 7.09.03 and 7.09.04(I) of this Code. Bona -fide agricultural uses and operations are exempt from the provisions of this Section, except for that portion of the activity involving the retail sale of materials produced on site, and as may otherwise be required by this code. 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING PLAN A landscaping plan shall be required with all building permit applications associated with any new structural construction or addition to any existing structure, except for those structures that are part of a bona -fide agricultural use or operation, except as may otherwise be specifically addressed by this Code, and that as part of that operation do not involve the retail sale of materials produced on site. St. Lucie County Land Development Code Adopted August 1, 1990 7-3 Through 05/15/04 Revised The landscape plans for all residential and non-residential uses developments, regardless of site plan status+, including: mobile home parks, single-family subdivisions; final PUD applications, recreational vehicle parks; and multiple -family residential uses shall be prepared, signed and sealed by a registered Florida Landscape Architect, or as may be permitted under Section 481.329, Florida Statutes. Landscape plans prepared for detached single-family (including individual mobile homes not located in a mobile home park), two-family, three-family residences, within residential use developments, and bona - fide agricultural uses and operations, are exempt from the requirement for signed and sealed landscape plans, except for that portion of any bona -fide agricultural use or operation involving the retail sale of materials produced on site, and as may otherwise be required by this Code. In addition to demonstrating compliance with the other provisions of this Code, all landscaping plans must show the location of all existing and proposed utility lines and rights -of -way. The landscape plans shall indicate the relationship of the proposed landscaping to these utility lines and rights -of -way .and shall demonstrate compliance with the other provisions of this Code. The landscape plan shall identify the type and quantity of all plant and tree species to be installed consistent with the provisions of this Code. Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the Public T^'_ Environmental Resources Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans. B. - E. NO CHANGES 7.09.04 GENERAL LANDSCAPING REQUIREMENTS The following landscaping requirements shall apply to all non-residential and residential uses including but not limited to mobile home parks/subdivisions, single-family subdivisions, recreational vehicle parks, and multi -family residential uses, St. Lucie County Land Development Code Adopted August 1, 1990 7-4 Revised Through 05/15/04 including all requested changes in use, except for those uses interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required, regardless of whether a site plan is required or not. All development activity shall comply with the provisions of the Vegetation Protection and Preservation of the Land Development Code (6.00.00), which shall supersede the provisions of this Section to the extent of conflict. Existing vegetation may be used towards landscape requirements, in accordance with the guidelines set up in Section 7.09.03(E)(8), with approval from the Public W«rks Environmental Resources Director. For the purposes of native tree protection, dimensional criteria in this section shall be reasonably flexible, with approval from the Public Work —A Environmental Resources Director. A. REQUIRED LANDSCAPING ADJACENT TO PUBLIC OR PRIVATE STREET OR ROAD RIGHTS -OF -WAY The area between any building, off-street parking area or other vehicular use area abutting a street or road right-of-way, shall be designed and landscaped as follows: 1. A strip of land at least fifteen (15) feet in depth shall be located between the abutting the street or road right-of-way and any off-street parking area and shall be landscaped to include one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction thereof to be planted as far away from the right-of-way line as to allow for the installation, maintenance, repair or replacement of water/wastewater infrastructure. In addition, a hedge, wall or other durable landscaping barrier shall be placed along the interior perimeter of this required landscape strip. 2. All property lying between the right-of-way and any off-street parking or other vehicular use area outside the required landscape strip shall be landscaped with a least grass or other ground cover. 3. Landscaping shall be designed so that it will not interfere with the function of utility easements. 4. Necessary accessways from the public right-of-way St. Lucie County Land Development Code Adopted August 1, 1990 7-5 Revised Through 05/15/04 through all such landscaping shall be permitted to service the principal use, parking or other vehicular use areas. 5. Noncontinuous landscaped earthen berms may be used in conjunction with the planting of a continuous hedge provided that the intent of the visual barrier created by the hedge is maintained. Maximum slope ratios for all earthen berms shall be no greater than 3:1. 6. Fences, walls or other similar barriers, whether they are constructed of opaque materials or not, may be located in any required yard, consistent with the provision for Section 8.00.00 of this Code. All required perimeter landscaping shall be located on the outside (street side) of the wall or fence. Any brick, masonry, stockade or similarly constructed wall adjacent to a public or private street right-of-way shall be designed and constructed so that the wall face facing the street or road is articulated in such manner as not to result in a continuous flat wall surface facing the street or road right-of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of-way. Pedestrian and vehicular access through any wall or fence is a -re permitted, however the wall or fence shall be placead so that adequate sight distance at any vehicular or pedestrian access is maintained. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any fence or wall consistent with the requirements of this Code. B. NO CHANGES C. PARKING AND OTHER VEHICULAR USE AREA INTERIOR LANDSCAPING 1. Generally Surface parking and other vehicular use areas shall have at least one (1) square foot of interior landscaping for eat every eighteen (18) square feet or major fraction thereof of off-street parking and vehicular use area. Each separated landscaped area shall contain a minimum of one hundred eighty (180) St. Lucie County Land Development Code Adopted August 1, 1990 7-6 Revised Through 05/15/04 square feet and shall have a minimum width of at least ten (10) feet and shall include at least one (1) appropriate species of shade tree with the remaining area adequately landscaped with shrubs, ground cover, or other authorized landscaping material not to exceed three (3) feet in height. Properties that are designated Industrial Extraction (IX), and Utilities (U) will be exempt from any parking area interior landscaping requirements and only need to provide interior landscaping for any required parking/access aisle areas. All other vehicular use areas are exempt from the interior landscaping requirements. 2. Vehicle Encroachments into Landscaped Areas The front of a vehicle may not encroach upon any landscaped area. Two (2) feet of the required depth of each parking space abutting en a landscaped area may be planted in extra grass or ground cover provided that a suitable motor vehicle stop is provided. 3. Terminal Landscape Islands Each row of parking stalls shall be required to end in a landscaped island which shall measure no less than ten (10) feet in width, or less than fifteen (15) feet in length. At least one appropriate species of shade tree shall be provided for each terminal island. 4. Interior Landscape Areas No more than fif+�o„ ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for a single row of parking or four hundred square feet for a double row of parking. The number of continuous parking places and the minimum required distance may be altered to accommodate existing trees. Each interior landscaped area shall have a minimum width of ten (10) feet. One (1) appropriate species of shade tree shall be provided for each interior island. St. Lucie County Land Development Code Adopted August 1, 1990 7-7 Revised Through 05/15/04 5. Curbing All terminal landscaped islands and interior landscaped areas shall be surrounded with a continuous raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 6. Median Landscaping a. A linear landscape median between two abutting rows of parking may be used to satisfy, in part, the requirements of this Section relative to interior landscaping. Terminal islands are required as described in Section 7.09.04(C)(3). b. A landscaped parking lot median must be a minimum of eight (8) feet in width and provide for the planting of at least one appropriate species of shade tree for every thirty linear feet of median length or fraction thereof. All parking lot median landscaped areas shall be protected with a continuous, raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 7. Reserved Parking Area Landscape Requirements (7.06.02 (B) (4)) Where, in the determination of the Public WQ- Growth Management Director, in consultation with the Environmental Resources Director, the of parking and loading specific use, the owner landscaping in lieu of paving reserved for future parking County find those are needed, spaces is required number excessive for a or agent may substitute provided said areas are and loading should the and further provided: a. The owner of the land upon which such parking is being reserved shall enter into a written agreement which shall include a cnIqomatir• Portrayal as to how the required parking and loading areas can be pr-Q—J dPd with the County-,-_ t-s The agreement shall be filed with the Clerk St. Lucie County Land Development Code Adopted August 1, 1990 7-8 Revised Through 05/15/04 of the Circuit Court, with enforcement running to the County ensuring that the reserved parking and loading area shall never be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are required. The agreement shall include a schematic portrayal as to how the required parking and loading areas will be provided. b. The owner of the land upon which such reserved parking and loading area is located agrees to bear the expense of recording the agreement which shall bind his heirs, successors, or assigns. C. The written agreement shall be voided by the County if the reserved parking and loading area is converted to usable parking area or if the reserved parking area is no longer required. d. No handicapped parking areas may be included within a reserved parking area. D.-0. NO CHANGES 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. 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. St. Lucie County Land Development Code Adopted August 1, 1990 7-9 Revised Through 05/15/04 PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. 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 G. 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 B through G shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair BY: St. Lucie County Land Development Code Adopted August 1, 1990 7 - 10 Through 05/15/04 APPROVED AS TO FORM AND CORRECTNESS: County Attorney Revised 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 44 45 =6 47 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex March 19, 2009 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as 1 of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc sha control. I. Call to Order Chairman Mundt called the meeting to order at 6:04 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt .......................................Chairman Susan Caron .......................................Commission Member Brad Culverhouse, Arrived 6:20........ Commission Member Pamela Hammer.................................Commission Member Edward Lounds, Arrived 6:08............ Commission Member Stephanie Morgan ..............................Commission Member Britt Reynolds ....................................Commission Member John O'Neill.......................................Commission Member Kathryn Hensley................................Ex-Officio Members Absent Barry Schrader...................................Vice Chair, Excused Others Present Mark Satterlee....................................Director, Growth Management Robin Meyer ......................................Assistant Director, Growth Management Heather Young ...................................Assistant County Attorney Heather Lueke....................................Assistant County Attorney Amy Mott...........................................Environmental Regulation Manager C. Announcements None. D. Disclosures None. Ms. Milone read Mr. Culverhouse's voting conflict (Provences DRI, February 19, 2009 Planning & Zoning Commission Meeting) into the record. II. Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Review the minutes from the February 19, 2009 regular meeting, for approval. Mrs. Hammer motioned to approve the minutes with a number minor corrections. These corrections have been made. Mr. Reynolds Seconded. The motion carried unanimously. I11. Public Hearings A. St. Lucie County Attorney's Office: Ordinance No. 09-001 (f/k/a Ordinance No. 08-034) Petition of St. Lucie County to adopt Ordinance No. 09-001 which, if adopted, would define "changeable message signs" and add changeable message signs to the list of prohibited signs. The Ordinance proposes to prohibit changeable message signs because of the negative effects (distractions) on the driving public. Ms. Young, Assistant County Attorney recommended to the Commission that the public hearing on this item be continued to a date certain of April 16, 2009, at 6:00 p.m., or as soon thereafter. Ms. Young explained she had not yet received all responses from the representatives of the sign industries that were sent proposed Ordinance No. 09-001 (f/k/a Ordinance No. 08-034 (Clear Channel Outdoor and Lamar). Chairman Mundt opened the public hearing. No one from the public spoke. Chairman Mundt closed the public hearing. Mrs. Hammer motioned to continue these to April 16, 2009 as soon thereafter as possible. Ms. Morgan seconded. The motion carried unanimously. 6-0 (Mr. Culverhouse and Mr. Lounds were not present for this vote). B. St. Lucie County Attorney's Office: Ordinance No. 09-007 14 1 2 Petition of St. Lucie County to adopt Ordinance No. 09-007 amending the 3 Land Development Code Section 7.09.00, this section sets out general 4 landscaping requirements for residential and non-residential developments. 5 This section has been consistently interpreted by Staff to require street trees 6 in single-family subdivisions. Several scrivenor's errors and some confusing 7 language need to be corrected to clarify the intent of this section with regard 8 to single family subdivisions and street trees. This section also needs to 9 change the requirement from landscaping every 15 parking spaces, to 10 landscaping every 10 spaces, to match the previously — adopted parking 11 ordinance. 12 13 Ms. Lueke, Assistant County Attorney explained that staff use to use Paragraph C parking area 14 interior landscaping to address the requirement for street trees. When working on the above item 15 staff realized Paragraph A was more appropriate to use for street trees, resulting in more trees 16 being required in single-family developments. She also explained that this ordinance would 17 correct the newly adopted parking ordinance and make the changes needed from Public Works 18 Director to Environmental Resource Director, where applicable. 19 20 Chairman Mundt opened the public hearing. 21 22 Johnathan Ferguson, Attorney, with the Law Firm of Ruden McClosky requested the 23 Commission return the item to staff for further refinement. 24 25 Mr. Ferguson was concerned about whether one tree (oak trees) every thirty linear feet along the 26 roadway is appropriate on each side of the right-of-way and the bigger problem, in his opinion is 27 the language being proposed in the ordinance. 2s 29 Ms. Mott explained to the Commission that the spacing of Oak Trees has plenty of room to have 30 its root and crown develop with the spacing recommended by staff. 31 32 The Commission discussed changing the verbiage of the ordinance. They feel if the ordinance 33 is more clear-cut in its wording, in the future this ordinance would not be second guessed. 34 35 Mr. Lounds suggested that the Institute of Food and Agriculture Sciences (IFAS) be included in 36 reviewing landscape plans in conjunction with the St. Lucie County Environmental Resources 17 Department (ERD). 38 39 The Commission had a lengthy discussion on this matter. 40 41 IFAS will be added to Growth Management Department, Development Review Committee list 42 (DRC). 43 This addition will allow IFAS to consult or comment to ERD on projects submitted to the 44 Growth Management Department. 4 1 46 Chairman Mundt closed the public hearing. 3 1 2 3 4 5 6 7 8 9 10 11 Mr. Lounds motioned to include IFAS in reviewing and making comments on this ordinance and in subsequent changes in Chapter Seven of the St. Lucie County Land Development Code. Mr. Culverhouse seconded. The motion carried unanimously. 8-0 Before the motion was made Mrs. Hammer noted some points of correction to the ordinance. 12 Ms. Morgan motioned to continue these ordinance revisions to the Planning & Zoning 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Commission Meeting on April 16, 2009 at 6:00 p.m. or soon thereafter as possible. Mr. Reynolds seconded. The motion carried unanimously. 8-0 C. Terissa Moulder — Aronson: RZ 520081470 Petition of Terissa Moulder -Aronson to accept request to withdraw the application of a change in zoning from the RS — 4 (Residential, Single — Family — 4 du/acre) Zoning District to the CN (Commercial Neighborhood) Zoning District. Mr. Meyer explained that Terissa Moulder- Anderson has withdrawn her application. Mrs. Hammer motioned to accept Terrissa Moulder-Aronson's letter to withdraw. Ms. Caron seconded. The motion carried unanimously. 8-0 IV. Other Business 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. Growth Management Director — Status of Planning and Zoning Commission's review of proposed amendments to Chapters 10, 11, and 12, Land Development Code. St. Lucie County Growth Management with the Planning & Zoning Commission has scheduled a workshop on Monday, April 6, 2009 at 5:00 p.m. in the Board of County Commissioners Conference Room 3, to further discuss the proposed draft changes to Chapter 10 and 12 of the St. Lucie County Land Development Code. B. Planning and Zoning Commission - Review proposed amendments to Section 11.00.00, Land Development Code. The Planning & Zoning Commission held a workshop on the first seven pages of Chapter Eleven of the St. Lucie Land Development Code that lasted approximately one hour and thirty minutes. V. Adjourned There being no further business, the meeting and workshop were adjourned at 7:45 p.m. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex April 16, 2009 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as 1 of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc sha control. I. Call to Order Chairman Mundt called the meeting to order at 6:07 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt.......................................Chairman Barry Schrader...................................Vice Chair Susan Caron .......................................Commission Member Brad Culverhouse...............................Commission Member Pamela Hammer.................................Commission Member Edward Lounds ..................................Commission Member Stephanie Morgan ..............................Commission Member Britt Reynolds ....................................Commission Member John O'Neill.......................................Commission Member Kathryn Hensley................................Ex-Officio Members Absent None Others Present Mark Satterlee ............................... Kristin Tetsworth .......................... Kara Wood .................................... Heather Young .............................. Heather Lueke ............................... AmyMott ...................................... Michael Brillhart ........................... Jennifer Evans ......................... C. Announcements None. D. Disclosures None. .....Director, Growth Management .....Planning Manager, Growth Management .....TVC Manager, Growth Management .....Assistant County Attorney .....Assistant County Attorney .....Environmental Regulation Manager .....Growth Management, Capital Improvements Manager .....Environmental Planning Coordinator - TVC 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 -4 II. Minutes Review the minutes from the March 19, 2009 regular meeting, for approval. Mrs. Hammer motioned to approve the minutes with minor corrections. These corrections have been made. Vice Chair Schrader Seconded. The motion carried unanimously. III. Public Hearings Chairman Mundt changed the agenda items order due to the length of discussion. Agenda Item B to A Agenda Item C to B Agenda Item A to C B. St. Lucie County Attorney's Office: Ordinance No. 09-001 (f/k/a Ordinance No. 08-034) Petition of St. Lucie County to adopt Ordinance No. 09-001 which, if adopted, would define "changeable message signs" and add changeable message signs to the list of prohibited signs. The Ordinance proposes to prohibit changeable message signs because of the negative effects (distractions) on the driving public. Ms. Young, Assistant County Attorney recommended to the Commission that the public hearing on this item be continued. Ms. Young explained that the attorney's office is continuing to review this ordinance with the sign companies. Ms. Young recommended that the Commission not proceed with the ordinance and hopefully the ordinance will brought back at a later date. Chairman Mundt opened the public hearing. Ray Murankus, St Lucie County Utilities, Project Manager explain that the Utilities Department would like to include language which would allow the St. Lucie County Utilities, Public Works, Road and Bridge and the Sheriffs Department to continue to use the variable message signs. Chairman Mundt closed the public hearing. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mrs. Hammer motioned to cancel the public hearing. Ms. Caron seconded. The motion carried unanimously. C. St. Lucie County Attorney's Office; Status Report on the Proposed Impact Fee Methodology update Petition of St. Lucie County to amend Chapter 1-16.6 "Public Buildings Impact Fee", Chapter 1-17 "Roads Impact Fee", and Chapter 1-15 "Parks Impact Fee" of the Code of St. Lucie County. Mr. Satterlee, Growth Management Director explained to the Commission, that because of on going changes to the Impact Fee Methodology Update he would like this item to be continued in order for the public to have more time to review the information. Mr. Culverhouse, Vice Chair Schrader and Ms. Morgan reiterated the need for the public to have more time to review the code. Mr. Brillhart, Growth Management, Capital Improvements Manager stated that the Impact Fee Methodology Update has been available on Growth Managements web site since March 31, 2009 and staff is still in the process of reviewing the item. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mr. Culverhouse motioned to continue this item to the Planning & Zoning Commission Meeting on June 18, 2009 at 6:00 p.m. or soon thereafter as possible. Ms. Morgan seconded. The motion carried unanimously. Mr. Satterlee agreed that this item would be posted on Growth management's web site by June 1, 2009. A. St. Lucie County Attorney's Office: Ordinance No. 09-007 Petition of St. Lucie County to adopt Ordinance No. 09-007 amending the Land Development Code Section 7.09.00, this section sets out general landscaping requirements for residential and non-residential developments. This section has been consistently interpreted by Staff to require street trees in single-family subdivisions. Several scriveners' errors and some confusing 3 I language need to be corrected to clarify the intent of this section with regard 2 to single family subdivisions and street trees. This section also needs to 3 change the requirement from landscaping every 15 parking spaces, to 4 landscaping every 10 spaces, to match the previously — adopted parking 5 ordinance. 6 7 Ms. Lueke, Assistant County Attorney explained that this item is a continuance from the March 8 19, 2009 Planning & Zoning meeting. Ms. Lueke explained that this Commission had made 9 several suggestions for change which have to be incorporated into the ordinance. Ms. Lueke 10 stated 11 that Ms. Neil from the extension office did review the ordinance and her comment is 12 incorporated into the ordinance. 13 14 Ms. Lucke stated that Johnathan Ferguson, Attorney, with the Law Firm of Ruden McClosky 15 expressed concerns at the March 19, 2009 meeting. He was asked to review and comment on this 16 ordinance, to date he has not submitted any comments. 17 18 Chairman Mundt opened the public hearing. 19 20 Johnathan Ferguson, Attorney, with the Law Firm of Ruden McClosky apologized to staff. He 21 stated that all his issues have been addressed. 22 23 Mr. Ferguson stated, after looking through the ordinance again he requested that staff address a 24 minor glitch before forwarding.this item to the BOCC. 25 26 His recommendation is that chapter seven provisions (that are being amended) required that the 27 landscape plan be prepared, signed and sealed by a registered Florida Landscape Architect and 28 that a preliminary PUD application only requires conceptual landscape plans, they do not have to 29 be signed and sealed by a licensed Landscape Architect (the only time you need signed and 30 sealed landscape plans are for the final PUD application). 31 32 Dennis Murphy questioned the need for the sentence in the ordinance that reads "This section 33 has been consistently interpreted by Staff to require street trees in single-family 34 subdivisions". 35 36 Mr. Murphy feels that up until a year ago the application and code requirement for street trees 37 has not been in the code and he was wondering why the requirements are not included in non- 38 residential subdivisions (he feels this can be worked out as this ordinance proceeds down the 39 line). 40 41 Mr. Murphy's bigger issues dealt with practical application and practical construction. He felt 42 looking at the documentation it has not been vetted through Engineering or the Utilities 43 Departments. He question how staff would deal with a subdivision that comes in on an existing 44 public right-of-way, no improvements required (simple division of property) is the applicant -15 required to landscape and irrigate the public right -of way and if so who would maintain this 46 right -of way. He stated these issues are not addressed in this ordinance and when these questions 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 need to be addressed they will cause greater levels of confusion and consternation as applicants move down the development review process. He feels this issue is solvable, but needs to be addressed. Mr. Murphy does not feel this ordinance was passed out to the practioners for comment and input. His last question was why ERD determine whether or not parking is adequate within a particular project. He feels this should be left as a Growth Management function. Mr. Murphy requested that the Planning & Zoning Commission send this ordinance back for a redraft and additional input is considered from other departments and individuals. Ms. Mott told the Commission she would review Mr. Murphy's requests and answered the questions she felt were addressed in this ordinance. Ms. Lueke stated it did not occur to staff to ask practioners for comments. She stated that as far as staff is concerned this portion of the ordinance is not new. Chairman Mundt closed the public hearing. Mr. Lounds was concerned about the placement of foundation trees that are placed in right -of ways of a development. Over time utilities would be affected by foundation tree placements in the right -of way. Mr. Culverhouse echoed Mr. Lounds concerns. Mr.Satterlee stated that this issue should be considered as infrastructure, which over time would have to be addressed. Mr. Schrader suggested that "shade" (for the type of trees) be used throughout this ordinance. Ms. Mott agreed. Mrs. Hammer motioned to forward draft Ordinance 09-007 to the Board of County Commissioners with included comments that were raised during the public hearing and by the members of the Planning & Zoning Commission. Mr. Reynolds seconded. The motion carried unanimously. D. Sunset Beach PUD: PUD 06-023 Petition of Sunset Beach Investments, LLC a Georgia Limited Liability Company, requesting a Wavier from Comprehensive Plan Policies 8.1.14.2 5 I and 8.1.14.5; and Preliminary Planned Unit Development Site Plan approval 2 for the project to be known as Sunset Beach PUD. 3 Mr. Culverhouse disclosed that he received a phone call from a representative of the 4 applicant that lasted about three and one-half minutes. 5 6 Ms. Tetsworth, Growth Management Planning Manager explained to the commission that the 7 Petition of Sunset Beach Investments, LLC, a Georgia Limited Liability Company, a 44 unit 8 residential project on 29.15 acres of land located on the east side of State Road A-lA on South 9 Hutchinson Island. The project history has been a long one. The application was originally 10 submitted June 2, 2006, last DRC Meeting March 19, 2009 (staff only discussion), last DRC 11 Report Issued August 1, 2008, last ERD Report December 18, 2008, last Re -submittal of Site 12 Plans April 3, 2009. 13 14 Ms. Tetsworth stated this is a waiver from the Comprehensive Plan Policies 8.1.14.2 and 15 8.1.14.5 to allow the applicant to impact the wetlands. That typically only the BOCC authorizes 16 to grant this waiver (did not have to come before the Planning & Zoning Commission). 17 However, this is an integral part of how the site plan ended up the way that it is and could not 18 move forward with this project without the waiver and this is why we have to discuss it in this 19 manner. 20 21 Ms. Tetsworth explained this is a Preliminary Planned Unit Development Site Plan approval, an 22 Amendment to the Official Zoning Atlas to change the zoning from the HIRD- Hutchinson 23 Island Residential Zoning District to the PUD, Planned Unit Development Zoning District, that 24 will not be effective until such time as the property owner petitions for Final Planned Unit 25 Development Site Plan approval. 26 27 Ms. Tetsworth went on to explain in order for this application to be found in compliance with 28 the St. Lucie County Comprehensive Plan and Land Development Code, certain waivers must be 29 granted by the Board of County Commissioners from the following provisions of the 30 Comprehensive Plan Policy 8.1.14.2 for 0.60 acres of direct impact in a Category 1 wetland to 31 allow the construction of an access roadway, and 0.07 acres of direct impact to allow for 32 mosquito control improvements; and, Policy 8.1.14.5 to allow the encroachment on 1.2 acres of 33 the required 50 foot upland buffer between the wetland and the residential development activity 34 to allow construction of an access roadway, lift station and pool parking. 35 36 Ms. Tetsworth continued stating exemplary aspects of the project are, common open space 37 provided equals 36.4% of the gross acreage of the site, whereas the Code requires 35%, 38 additional areas of wetlands and stormwater detention equal 13.3 acres, or 45.6% of the site, 39 proposed density equals 1.5 du/ac., whereas the allowable density would be 4 units/ac., 40 development areas will occupy only 18.18% of the site and are designed to limit the impacts on 41 the wetlands to the greatest extent possible, a focal point is provided in the cul-de-sac at the end 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 of Sea Pearl, the recreation area will include a swimming pool with restrooms for all residents to use. Further exemplary aspects are detailed lighting plan illustrating bollard style lighting to reduce negative glare impacts on wildlife with additional restrictions on all exterior lighting on homes and signage, enhanced landscaping for the dune crossover to encourage connectivity to the beach in one location, additional enhanced landscaping materials within the buffer will be provided, a Preserve Area Management Plan is provided for the perpetual maintenance of all proposed conservation areas, conservation easement is required for the Dune Preservation Zone, and Wetland Preserve Areas, one credit from the Bear Point Mitigation Bank has already been reserved and the site design allows for all of the proposed lots to abut the dune preservation zone and ultimately face the Atlantic Ocean. Jennifer Evans, Environmental Resources explained to the Commission the environmental aspects of this project. This site is a category one (1) wetland due to the hydraulic connection it has to the larger tidal wetland system of Hutchinson Island and the Indian River Lagoon. Per Comprehensive Plan Policy 8.1.14.3 a category one wetland waiver that states preservation of wetland precludes all reasonable economically viable use of the property and which applied would result in a taking of the property and must be approved by the BOCC. Since the buildable uplands on this site can only be accessed through the wetland if the impacts associated with the access road it could be considered a taking. Ms. Evans went on to explain the impacts. She also noted that the Home Owners Association HOA) or Property Owners Association (POA) will maintain the preserve areas and anywhere devoid of vegetation they will be required to replant which is in their Preserve Area Management Plan. Travis Walker, Weiss Handler spoke on behalf of the applicant. Mrs. Hammer questioned the parking, the cookie cutter blocks of forty foot wide lots with 44 lots jammed in and question the report submitted by Weiss Handler. Mr. Walker stated through his work with staff the project has been greatly diminished in size and impacts. Cynthia Angelos stated that the report is old. Mrs. Hammer questioned why they were getting old reports. Ms. Tetsworth stated that some of the information that was received was submitted to the commissioners as a courtesy because it was part of their original application back in 2006. 7 Chairman Mundt questioned if the City of Ft. Pierce has looked at this application. 2 3 Ms. Tetsworth stated yes and that they do have an approval for the water and waste water will be 4 supplied by Fort Pierce Utility Authority. St. Lucie County will supply the reclaimed water. 5 6 Chairman Mundt. wants to make sure staff put in as a condition of approval that the HOA or 7 POA is responsible for the Persevere Area Management Plan, that the Kimley-Horn traffic 8 information from 2006 be updated and find out if part of the stimulus package can be used in the 9 beach restoration. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Chairman Mundt opened the public hearing. Jeff Mitchell, Real Estate Agent and property owner on North Beach spoke in favor of the project. Chairman Mundt closed the public hearing. Mr. Lounds emphasized the need to preserve the wetlands and dune lines. Ms. Caron suggested alternative technologies such as green technologies. Dune restoration will be done before the homes are built. Ms. Morgan motioned that after considering the testimony presented during the public hearing including staff comments the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners grant approval to the application for Preliminary PUD Site Plan Approval for the development known as Sunset Beach subject to the limiting conditions Ms. Morgan feels this project is a perfect fit and an asset to St. Lucie County and commended the developer for all the hard work with working with staff and staff with the developer. Vice Chair Schrader seconded. Roll Call Mr. Culverhouse — yes Mr. Lounds — yes Mr. Reynolds — yes Mr. O'Neil — yes Ms. Hammer — no Ms. Caron —yes Vice Chair Schrader — yes Ms. Morgan — yes Chairman Mundt — yes I Motion passed 8-1 with Mrs. Hammer dissenting. 2 3 E. Shinn Road Equestrian Estates: PUD 06-002 4 5 Petition of Stiles Development for a Preliminary Planned Unit Development Site 6 Plan approval and change in zoning from AG — 5 to PUD for 106 single family 7 lots on approximately 532 aces, for a project known as Shinn Road Equestrian 8 Estates. 9 10 Ms. Wood, Growth Management, TVC Planning Manager explained Agenda Item 3E is an 11 Application for Preliminary PUD Site Plan Approval and Change in Zoning from AG-5 to PUD. 12 At this time, only the preliminary site plan is subject to review; the rezoning will take place only 13 upon approval of Final PUD. 14 15 The subject property is located approximately 1 '/z miles north of Okeechobee Road between 16 Shinn Road and Header Canal Road. The zoning of the property and all adjacent properties is 17 also AG-5, with the same maximum density of 1 du/5 acres. The exception is the Fire Station 18 which is zoned Institutional. The property is currently vacant agricultural land, as is most of the 19 surrounding property. Other uses include the Fire Station on the east end of the site, across Shinn 20 Road is a citrus packing plant, to the North of the proposed development is the Save the Chimps 21 sanctuary for rescued chimpanzees. 22 23 The Shinn Road Equestrian Estate site plan proposes 106 single family lots between 1 and 5 24 acres each. A total of 80% Open Space is provided, but only 35% of this is outside of private 25 yards. 26 27 Ms. Wood then compared other approved PUD's with this application: 28 29 Shinn Lakes PUD approved November 20, 2007 has 75 lots on 382 acres a total of 72% open 30 space is provided. While this is below the 80% required by code, the organization and use of the 31 open space meets the intent of the code and Comp Plan, and none of the open space is included 32 in private yards. 33 34 Hunter's Run PUD approved May 16, 2007 has 67 lots, 1.75-6.74 acres each, on 407 acres a total 35 of 80% Open Space is provided. While some of the open space is included in private yards, most 36 is common open space with uses consistent with the intent of the code and Comp Plan, such as 37 restored and preserved hammock. 38 39 Ms. Wood concerns are that there is no proposal for how this open space would be regulated or 40 maintained consistent with the stated purpose of open space in the Land Development Code. 41 M I Section 7.01.03.I.2.c of the Code outlines that "All areas to be dedicated for open space shall be 2 identified as part of the Preliminary Development Plan for the Planned Unit Development" and 3 the ways in which that open space must be dedicated, conveyed, restricted or maintained. None 4 of these parameters has been outlined by the applicant with this plan. 5 6 The proposed site plan is inconsistent with,AG-5 Land Use Category as described in the 7 Comprehensive Plan, Policy 1.1.2.2 regarding the concentration of development areas to 8 minimize infrastructure, Policy 1.1.2.3 regarding the provision of open space in non-agricultural 9 development, Policy 1.1.2.5 regarding the conversion of agricultural to non-agricultural uses, 10 Policy 1.1.2.6 regarding buffering between agricultural and non-agricultural uses, Section 11 7.01.01, Planned Unit Development Purpose, Section 7.01.03, Planned Unit Development, 12 Standards and Requirements open space standards, setbacks from agricultural land clustering of 13 development 14 15 In staff s analysis, the proposed site plan does not cluster development and provide open space 16 consistent with the language and intent of the Land Development Code and Comprehensive Plan. 17 18 Deny the Application for Preliminary PUD Site Plan Approval and if a recommendation of 19 approval is considered, 28 total conditions have been included in the staff report that staff 20 recommends including in a development order. 21 22 Brian Nolan, Landscape Architect Planner, Lucido and Associates explained that the varying lot 23 sizes allow for paddock, barn and stable areas for residents that wish to have these facilities. 24 There will be approximately eight and one-half miles of equestrian horse trail, total of one 25 hundred and six lots, twenty seven are approximately one acre, fifty eight are approximately two 26 and one half acres and twenty one lots are approximately five acres that is a total of three 27 hundred and twelve acres in lots. Mr. Nolan continued, explaining to the Commission what other 28 uses would be for the property. 29 30 Johnathan Ferguson, Attorney, with the Law Firm of Ruden McClosky talked about the open 31 space issue, which he feels has been contentious over the last few years in the county as to how 32 the open space is to be applied, specifically with agricultural PUD's. 33 34 Mr. Ferguson suggested to staff in his comments and he quotes "that common open space will be 35 dedicated to Home Owners Association and a restrictive covenant will be placed on individual 36 lots suggesting a condition with language similar to the following (negotiable with staff) that 37 would be put on the plat and be part of covenants that would run with the land. The obstructed 38 area of each lot (open space is defined in the Land Development Code (LDC) as unobstructed 39 area, basically any area that is open to the sky). Mr. Ferguson stated there is no quality 0 component of the open space definition in the LDC, making it pervious (open or accessible to 10 I reason, feeling, argument, etc.) it is considered open space". With that he is proposing to say "the 2 obstructed area of each lot (that is non open space) shall not exceed the following for each lot 3 size". He went on to state the subparts in his proposal. He thinks when built out this project 4 would probably exceed ninety percent open space. This was his response to staff which states 5 they did not provide a means of guaranteeing that the open space on individual lots would remain 6 (he begged to differ). 7 8 Mr. Ferguson discussed multi use paths and sidewalks (within the urban service boundary, this 9 project is not in the urban service boundary, sidewalks are not required). He then sited Section 10 7.05.04 part A in the LDC. He feels staff is not reading the section in the LDC for sidewalks in 11 the entire section for sidewalks and how you read a statute. He also spoke about the Greenways 12 and Trails Plan. 13 14 Mr. Ferguson disagrees with staff on the issue of a multi use path (not legally required) along 15 Shinn Road. He feels it is impractical, overly expensive, does not make sense and even if it was 16 something they should do as a developer they would still disagree with staff. 17 18 Mr. Ferguson displayed a Greenways Path map explaining that staff is incorrect about their 19 assessment of the map (he objected to staffs assessment). 20 21 Mr. Ferguson stated his objections with ERD as Canal 71 as being called Ten Mile Creek. He 22 feels staff is using the extra protection built-in for Ten Mile Creek when in his opinion staff 23 should not focus their report on Ten Mile Creek. The focus should be on Canal 71 that dumps 24 into Ten Mile Creek. 25 26 Mr. Ferguson opposed the requirement that a berm be place between the subject property and the 27 Chimpanzee Preserve. He discussed how twice a day the chimps apparently start howling and 28 screeching and that this noise could be heard for miles. Mr. Ferguson feels adding an additional 29 twelve foot berm on the subject's side of the canal would not reduce the noise level of the 30 chimps, stating the further you are from the noise the less effect it has. The closest lot in the 31 project is thirteen hundred feet from the closest chimpanzee. This would have been addressed in 32 comments to staff but Mr. Ferguson stated in was not in any staff comments that he received. 33 34 He also disagreed with staff s recommendation of denial and many of the conditions included in 35 the resolution feeling they are not merited by the Comp Plan or the LDC. 36 37 Mr. Ferguson in closing thinks the project's site plan meets the intent of the Comp Plan and LDC 38 for an Agricultural Planned Unit Development and an Equestrian Community respectfully 39 requesting the Commission forward to the BOCC with a recommendation of approval. 40 11 I Ms. Wood stated when Mr. Ferguson responded to all of staff s comments in the latest DRC 2 letter he disagreed with all the recommended conditions of the resolution. He also refused the 3 request from the Chimp Preserve representatives that a declaration to be made in the HOA 4 documents that the chimp use exists and for the additional buffer. Ms. Wood stated that these 5 requests were refused as well (she received this information anecdotally: based on personal 6 observation, case study reports, or random investigations rather than systematic scientific 7 evaluation: anecdotal evidence.). 8 9 The Commission had a lengthy discussion. 10 11 Issues raised were the request for an open space management plan, maintaining open space, 12 connection with areas, unobstructed open space required in Agricultural PUD's, projects that 13 were approved regarding open space Agricultural PUD's, intent of the language in the Comp 14 Plan and LDC on how the open space should be conveyed on the plan, dedicated, organized and 15 maintained. Also raised were common open space opposed to open space, the buffer between the 16 project and the Chimpanzee Reserve, sidewalk path ways on Shinn Road, Ten Mile Creek as 17 opposed to Canal 71(where does Ten Mile Creek start and end), utilizing Agricultural Property 18 without it becoming an Industrial Site, the need for Equestrian property in St. Lucie County, one 19 way in and one way out, Fire Department standard and rules (measurements), agreements and if 20 this project meet all the requirements in the Comp Plan and LDC. 21 22 Chairman Mundt opened the public hearing. 23 No one spoke. 24 25 Chairman Mundt closed the public hearing. 26 27 There was discussion among the Commission if any developments have been approved with 28 regards to the open space back yards in the last year and one half ( this being a very big issue in 29 the county). There have not been any. 30 31 Mr. Ferguson disagreed. (Hunters Run was approved in May, 2007) 32 33 There was opposition between the Commission Members. 34 35 The recommendation of denial by staff was of great concern to some Commission Members. 36 37 Other Commission Members thought this project would be a great addition in St. Lucie County. 38 39 Ms. Morgan reiterated to Mr. Ferguson "if anyone who plans on purchasing a home in this 40 development would be told about the chimpanzees, the noise, the screaming or whatever and 41 when you go out into an area like that you're going to expect something like that and it's buyer 42 beware". Ms. Morgan then asked "did you not say something like that". '3 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mr. Ferguson told Ms. Morgan she was correct. Mr. Ferguson replied, "that anyone buying in that type of area in today's environment, any seller would be crazy not to have full disclosure (Ms. Morgan said "exactly") of anything and everything that might occur in an Ag. Area so yes". Ms. Morgan repeated disclosure, disclosure, disclosure and stated she thinks that this is a wonderful project. Vice Chair Schrader stated his agreement with the last few comments. The fact that the applicant is willing to give setbacks for the chimpanzees, and this is needed. He went on to say he has heard the word intent about thirty times now based on the twenty eight rules. He also stated he can not work off the intent he can only work off the policies that he is given and he thinks it does match and he does want the convent if Mr. Ferguson would allow it would be something Vice Chair Schrader would ask for to maintain the open space including the yards, but otherwise the project is ideal, well suited and need in the area. Chairman Mundt asked about the Ag. Land Committee. Ms. Caron stated she was the Vice Chair of that committee and the committee went back and forth month after month and the direction from the BOCC actually was changing. Nothing has come to pass on the agreement and yes the committee did make several recommendations to the BOCC which lays in the hands of the BOCC. Mr. Mundt then asked Heather Young, Assistant County Attorney if she had taken a look at the staff report and has the County Attorney made a determination. Ms. Young replied that they have reviewed the staff report but are not involved in the process of drafting them. Ms. Young went on to say, when making your recommendations you need to address whether or not you want to include all twenty eight conditions as part of that recommendation. Mrs. Hammer's biggest concern was designating open space on private lots. She wanted to know who is going to enforce it because the HOA Board of Directors is not going to go out and tell someone that they can't do something on their lot and that it has to be open space. It's difficult enough when it is Upland Habitat Preserve and trying to make home owners follow regulations. Prohibiting a private owner not caring if it is in the covenant or rules and sign on the dotted line it is not going to happen and a HOA is not going to enforce it. This is why Mrs. Hammer believes the intent was to create eighty percent open space thirty five percent of that hunk of space would be common open space and the housing units would be on the rest of the land so that it would be a contiguous area of open space. Mr. Lounds asked if the Building Department reviewed plans for setbacks and such would that not be a red light. Mrs. Hammer replied that they would review it for the county setbacks on that lot they would not review it for the HOA deed requirements. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4f 46 Ms. Wood stated the Building Department would enforce the basic requirements of the code in terms of set backs, lot coverage and maximum impervious area. She presumes the applicant (she stated "reaching here") does not specifically designate on the plan which areas are open space in the lots so in that way a home owner could decide which areas are the built areas and which the open space areas are. Mr. Lounds and Mrs. Hammer discussed how the Building Department enforces basic requirements of the county in zoning district not in a HOA. Mrs. Hammer reiterated different set back requirements. Stating you need to preserve open space; the County Building Department is not going to look at the association's rules and regulations. It would not even matter if you had a strong HOA. At the Building Department applicants have to sign a document that states they have approval of the HOA.The Building Department does not check. Residents have signed that they have approval when they have never gone through the Architectural Review Committees of the local HOA. Mr. Ferguson respectfully disagreed with Mrs. Hammer's opinion. Mrs. Hammer stated this is the experience she has had. Mr. Ferguson stated he hopes that the County Building Department is looking at restrictions on the plats and not letting people build where they are not allowed. The restrictions on the plat are the document the Building Department is supposed to look at and enforce. Mr. Ferguson suggested the restrictions can be on the plat and in the covenants that would run with the land. In this case the Building Department and HOA can enforce the open space requirements. Mr. Mundt stated he did like the idea. The unfortunate dilemma he is faced with is staff recommendation and the number of objections they have with the project. Without clarification from the BOCC in making allowances, he feels bound by the code and the interpretation that they have from both staff and the legal department. There were two motions made: Mr. Lounds motioned "that after considering the testimony presented during the public hearing including staff comments I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners grant approval to the application for Preliminary PUD Site Plan Approval for the development known as Shinn Road Equestrian Estates with the considerations and comments by staff in their recommendation to deny as part of my motion, that the comments from the Planning & Zoning Board be included in that motion, and the reason that I move for approval is that I think that we need to move it on to the county, let the County Commissioners make those decisions to resolve the issues that staff has to have and has had to deal with the rules concerning a unit like this, and I might, did I confuse everybody? I think this is a very unique rule, a very unique PUD, it's outside the urban service area, it is designed for equestrian use, it has positive merits, because of rules in our Comp Plan staff has to deny some of those considerations, but I think we need to move it on to the county one way or 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the other. I feel it is a good reason, I move to approve is that I think it is refreshing. I think this period of time in St. Lucie County we need to have some newer development come before us and I move to approve". Mr. Schrader stated, "let me just understand what I am seconding if I can. So what you're saying is we're going to approve with the staffs recommendations of denial and their recommendations for the twenty eight changes or conditions. Is that correct"? Mr. Lounds answered no. He replied, "my motion is that we recognize the fact that staff has denied, that there is a great difference between some of the denials that they are asking for because of the uniqueness of the development itself. That we are passing it on with approval for clarification from the BOCC (period). If somebody wants to add something to that to make it clearer. Chairman Mundt stated "I would like to have a second then get into discussion if we may". Mr. Culverhouse seconded. Chairman Mundt opened for discussion. Mr. Culverhouse asked Mr. Lounds "if it was his understanding that you're moving the approval of the project (Mr. Lounds answered; correct) but your motion does not include the limiting conditions by staff other than that the BOCC should consider them". Mr. Lounds answered; "correct an example of what I'm talking about is the sidewalk pathway area along Shinn Road. To me that is ludicrous and I understand that staff has got to say because of rules and regulations the paper says I gotta have it, somewhere along the line we don't need it. It's that type of predicament that staff catches themselves in they can not over ride what is in the documents that says they have to use these guidelines. But every now and then a development like this comes before us that says we don't need a path along Shinn Road, if this was on Jenkins Road you bet, I'd be all for putting a path on Jenkins Road put a fence on it so we can keep people off of it, keep the cars off the people. But not on Shinn Road, not on Carlton Road, not on Sneed Road, not on Header Canal Road you're in a different world folks and there's got to be some other considerations so that these developments of this type can move on and get out in the community where these developments for basically other land growing crops, citrus, tomatoes and such have you can still be a semi type Agricultural Development. They aren't calling this an Ag. PUD, but clearly equestrian facilities is agriculture. And I'd rather see this then I would four houses on one acre with five hundred houses in it. Now you know, Chairman I don't know whether I've further confused the issue or not but". Chairman Mundt stated "I think we better stop there Mr. Lounds before we get any deeper". Ms. Wood stated "for my own clarification what I understood Mr. Lounds to say basically is that the motion is to approve, recommend approval to the BOCC with the recommended 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 19 40 41 42 43 44 J5 46 conditions that are in the staff report but also with careful consideration about which of those conditions is really appropriate to this project". "Is that essentially what you said? (Mr. Lounds comment is inaudible). Ms. Wood answered alright great thank you". Chairman Mundt stated "thank you for the clarification". Mr. Culverhouse stated; "I don't know if that's what I understood. I understood the motion was to (and he seconded) motion was to approve the application of Stiles Development for a Preliminary Planned Unit Development approval without the twenty eight conditions being part of the approval but with the request that the BOCC consider the twenty eight recommendations (Mr. Lounds interjected "same type of thing Mr. Culverhouse)". Mr. Culverhouse replied "is that what you mean". Mr. Lounds answered "Yes we're there" Chairman Mundt asked "you want the twenty eight conditions considered, but not a part of it". Mr. Culverhouse replied "but not a part of it." Mr. Mundt replied "is that clear everybody. The motion is to move it with approval to the BOCC with the twenty eight items not as a part of it but to be considered. Is that it Mr. Lounds"? Mr. Lounds replied "that's fine with me". Mr. Mundt asked "Madam Chair, Madam Chair, Madam Secretary would you please call the roll". Roll Call Ms. Morgan — yes ma'am (Secretary asked "yes to) Ms. Morgan replied "yes to the motion" Ms. Hammer — no Mr. Reynolds — yes ma'am to approve Ms. Caron —no ma'am Mr. O'Neil — no ma'am Mr. Lounds — yes ma'am Mr. Culverhouse — yes ma'am Vice Chair Schrader — no ma'am, "but for the, the only reason I'm no is because this doesn't address keeping the lots open, there was nothing in the motion that required those lots be kept open, otherwise I would vote for it, but in this case no. Mr. Mundt - no ma'am, Chairman Mundt I'm sorry Chairman Mundt asked the recording secretary "you're out of sequence, right"? Ms. Milone, Recording Secretary) replied "am I, I don't know, am I missing someone. I think I got everyone. You're last". Mr. Mundt "replied "everybody voted"? 16 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Mr. Mundt stated "you have five nays and four ayes". Ms. Milone asked Mr. Mundt "what are you, I'm sorry Mr. Mundt. He replied "nay". Ms. Milone replied "five nays and four ayes". Chairman Mundt repeated "five nays and four ayes, all right thank you". Mr. Culverhouse replied "Mr. Chairman". Chairman Mundt, "Mr. Culverhouse". Mr. Culverhouse stated "My understanding that Mr. Ferguson said they would agree to something being placed so that the lots except for the building, except for the; would be kept open and that they would be covenants with the land and also on the plat, so that would seem to be a, a, or if I could ask Mr. Schrader what would". Mrs. Hammer interjected "the point of order is that we already had a vote , the application was denied it would have to be someone on the prevailing side to bring something up again, could we get on to the next step". Mr. Culverhouse stated "excuse me, excuse me ma'am and I think there was a misunderstanding so I am asking that because my understanding that there was restrictions". Mrs. Hammer asked Chairman Mundt "I'd like an opinion from you". Chairman Mundt replied "I agreed with Mrs. Hammer that a prevailing side vote would have to bring the issue further". Mr. Culverhouse replied "then anyone who voted no could move to reconsider anybody can second it, they don't have to be on the prevailing side and then it can be amended to include, it can be, an amendment can be done to include to address Mr. Schrader's concerns so that it would be ................... Chairman Mundt reiterated "that an individual from the prevailing side would have to bring the issue back". Vice Chair Schrader stated "and I would like to bring that issue back up because I once again will state that if it will include the fact that they make those covenants and the plat is noted that I would support this motion and that's the only reason I turned it down. My 17 I understanding Mr. Chair was that while it was agreed to at no point on the twenty eight 2 recommendations or the first and second didn't include that and that is important to me 3 that we maintain that open whether we call then yards or open space whatever you want to 4 call it. It is very important that we keep that open". 5 6 Chairman Mundt asked if the "twenty eight recommendations as I understand it are not 7 included in the motion". 8 9 Vice Chair Schrader stated "that is correct, what's included, my understanding is that it's 10 reviewed. That's it". 11 12 Chairman Mundt stated "they are to be considered". 13 14 Vice Chair Schrader replied; "considered, correct, okay but in those twenty eight that are 15 going to be considered or were proposed to be considered it does not mention the fact that 16 Mr. Ferguson has agreed to keeping a percent of covered/uncovered ground". 17 18 Ms. Wood asked "just to, I don't know if this clarifies your issue but in my thought that 19 actually was covered in one of the conditions, in condition number fifteen, it says prior to 20 final PUD approval the site plan shall be amended to depict the location of all portions of 21 the eighty percent required open space and goes on to, you know, clarify how that should 22 be maintained. So that in my view that was taken care of, of that issue and that's what staff 23 was requesting". 24 25 Vice Chair Schrader stated "and okay maybe I misunderstood it because I highlighted that 26 but I'm not asking that the applicant identify where they are going to build stuff. I want to 27 maintain open space, so I misunderstood that to mean this is going to remain open this 28 portion of the yard and you put a map or a colored version up earlier that said this one 29 third will remain open. Well that one third maybe come a barn, what I'm is asking is of 30 that total property I think on the large lots it was seven percent has, is, I think I forgot how 31 it was obstructed or unobstructed was the words used, and that's important to me that 32 percentage not the actual location that's going to be obstructed versus unobstructed". 33 34 Ms. Wood answered "okay". 35 36 Mr. Lounds and Mrs. Hammer simultaneously replied "Mr. Chairman" 37 38 Chairman Mundt answered "Mr. Lounds". 39 40- Mr. Lounds stated "go ahead Ms. Hammer (inaudible)". IN I Ms. Hammer stated, "and my concern is I don't believe I have ever seen an approval of an 2 application where the comments and recommendations from staff were not included and in 3 this case we have twenty eight recommendations and to just blow them off ......(someone 4 interrupted inaudible) That is very frightening. They've always, the motions have always 5 included staff recommendations and in this particular case it was saying just look at them. 6 It did not say included staff recommendations". 7 8 Mr. Culverhouse stated "if Mr. Schrader's comments were a motion for reconsideration I 9 second'. 10 11 Chairman Mundt stated "Mr. Schrader". 12 13 Mr. Schrader answered "they were Mr. Chair". 14 15 Mr. Mundt stated "alright you have the right to introduce another motion and seconded by 16 Mr. Culverhouse. Is there any discussion"? 17 IS Mr. Lounds replied, "Mr. Chairman" 19 20 Chairman Mundt answered "Yes Mr. Lounds". 21 22 Mr. Lounds stated "Mr. Schrader would it , Mrs. Hammer, would it help if we include in 23 the motion staffs recommendation of denial as part of the motion with comments from 24 staff and, I mean from the developer and the board or BOCC consideration of the motion. 25 Mrs. Hammer the reason that I'm, that state it that way, I think there are issues that 26 restrict the staff from being able to approve this because of the uniqueness of this type of 27 development and the restrictions that they are faced with in interpretation of the 28 regulations". 29 30 Mrs. Hammer stated "I understand that". 31 32 Mr. Lounds continued stating "and I think that sooner or later the county, BOCC have to 33 address that. I think they have to recognize the fact that there are going to be more 34 developments like this in the agricultural unicorporated area of St. Lucie County and that 35 we need to address those issues". 36 37 Mrs. Hammer stated "and I understand that Mr. Lounds and I wish we could just forward 38 the application with no recommendation to the County Commissioners but what my 39 understanding whether it's right or wrong is that it was eighty percent open space, thirty 40 five percent had to be common the other forty five percent could even be farmed area but it 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 did not come out of the private lots and to have it designated on the private lots I already have experience with how that does not work so that's why I object to the using of the private lots for the............". Mr. Lounds asked "did we not do that though as a compromise to Hunters Run, from their open space too". Mrs. Hammer answered "but not this much". Ms. Caron stated "I believed it was two or three percent". Mrs. Hammer stated "it was very minimal percent, not forty five percent, and we're looking at forty five percent being on individual lots". Ms. Caron stated " it was a very, very low amount in fact it went back and forth for quite a while and I believe it was certainly less than five percent, it was five percent or less and that's why the BOCC at that point, because everyone really worked towards it because this is a good thing. I have horses I'm an Ag. Person but each individual application I think is considered". Ms. Hammer asked "may I ask the attorney. Heather are we permitted to forward an application without a recommendation or do we have to make a yes or no recommendation". Ms. Young replied "it should be a recommendation and at this point you don't have one because the motion failed so you have not yet adopted a motion, one way or another recommending approval or denial, so I think you do need to, someone needs to make a motion whether its to approve, deny, approve with different conditions however you chose Chairman Mundt stated "I think there was a motion to approve by Mr. Schrader, seconded by Mr. Culverhouse. Is that correct"? Mr. Schrader stated "that is correct Mr. Chair". Ms. Young asked "for clarification is the motion to approve simply with the condition on the designation of the open space. I think just for staff if you could restate that so we make sure everyone has it. 20 I Mr. Schrader replied "if you will, staff if you'll take the old motion and include the fact 2 that it includes the percent of open space of and again we can go back to covenants or plats 3 but that that is included. That would be my motion". 4 5 Chairman Mundt asked, "the forty five percent would come off the lots". 6 7 Mr. Schrader stated `that is correct". 8 9 Ms. Morgan stated "it would be noted on the plat" 10 11 Chairman Mundt answered "he understood. Alright, any other discussion?" 12 13 Chairman Mundt stated "we have a motion and a second and we'll ask Madam Secretary 14 to please call the roll. 15 16 Roll Call 17 18 Ms. Morgan — yes ma'am 19 Mr. Lounds — yes ma'am to approve 20 Mr. Reynolds — yes ma'am to approve 21 Ms. Caron —no ma'am and I'm going to have to leave the meeting 22 Mr. O'Neil — no ma'am 23 Ms. Hammer — no ma'am 24 Mr. Culverhouse — yes ma'am to approve 25 Vice Chair Schrader — yes to approve 26 Chairman Mundt — no ma'am 27 28 Chairman Mundt stated, the motion passed 5-4 29 30 Ms. Caron, Mr. O'Neil, Mrs. Hammer and Chairman Mundt dissenting. 31 32 Ms. Caron left at 9:40 p.m. due to an emergency. 33 34 Sarcach Smith, qcau & JtatUUJWwd J tanning J echnicMn adtened a ffw 35 wcauding and atteab thcd theme aw uvdwtitn m4utte6 ft m page 14 fine 34 36 to page 21 tine 2C. 37 38 F. Growth Management Department: Ordinance No. 09-013 39 An Ordinance to amend the St. Lucie County Land Development Code (LDC) 40 By correcting inconsistencies, minor errors and omissions in the existing 41 version of the code. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Mr. Satterlee, Growth Management Director explained to the Commission that this is an effort by staff to go through the existing LDC and identify what are non -substantive changes, that in no way change the meaning, intent or purpose of the LDC. Simply correct error, misspelling, incorrect titles, incorrect section numbers and thing of that nature. When do we get a Municode Version, is it as correct as possible. Chairman Mundt asked the commission if they had any questions for staff. Ms. Hammer did have some corrections. Chairman Mundt made his comments to staff on Wednesday. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mrs. Hammer moved to approve. Vice Chair Schrader seconded. The motion carried unanimously. Ms. Caron was not here for the vote. G. Growth Management Department: Ordinance No. 09-012 An Ordinance amending the St. Lucie County Land Development Code by accepting the draft Land Development Code as received from Municipal Code Corporation (Municode). Mr. Satterlee explained that this is the ordinance which would adopt to include the changes that were made in Ordinance No. 09-013 and then officially adopt the Municode version of the LDC as the official LDC of St. Lucie County. Chairman Mundt asked the commission if they had any questions for staff. Chairman Mundt added corrections. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mr. Culverhouse moved to approve. 22 Mr. Lounds seconded. 2 3 The motion carried unanimously. Ms. Caron was not here for the vote. 4 5 IV. Other Business 6 Mr. Satterlee explained to the Commission that staff plans to come to the BOCC with a 7 Comprehensive Western Land Study. 9 V. ADJOURNED 10 11 There being no further business, the meeting was adjourned at 9:50 p.m. 23 M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VII-B DATE: August 18, 2009 REGULAR[] PUBLIC HEARING [xx] CONSENT[] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney Ordinance No. 09-026 - Court Fees See attached memorandum RECOMMENDATION: Staff recommends approval of Ordinance No. 09-026. COMMISSION ACTION: CONCURRENCE: pc] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre ouin Mvp Originating Dept. Public Works Dir: County Eng.: Don est Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-791 DATE: August 18, 2009 SUBJECT: 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). Ordinance No. 09-026 would raise this fee in St. Lucie County. RECOMMENDATION/CONCLUSION : Staff recommends approval of Ordinance No. 09-026. Respectfully submitted, Heather Sper zza Lu { e Assistant County Attorney Attachment s 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.5. §318.18(13)(a)(1), a court shall charge a surcharge of fifteen thirty dollars ($30.00) for any non -criminal traffic infraction in St. Lucie County pursuant to F.5. 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. PART C. EFFECTIVE DATE. S; ruek tHrough portions are deleted. Underlined portions are added. 1 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" maybe 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 codified. PASSED AND DULY ADOPTED this 18th day of August, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS Struek thmdglrt portions are deleted. Underlined portions are added. 2 ,s portions are deleted. Underlined portions are added. BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VII-C DATE: August 18, 2009 REGULAR[] PUBLIC HEARING (XX] CONSENT[] PRESENTED BY: Daniel S. McIntyre 2707 Avenue T; Open and Unsecure Structure See attached memorandum RECOMMENDATION: Staff recommends that the Board authorize staff to have the structure secured, grass mowed, brought in compliance with codes and place a lien on the property for the costs. COMMISSION ACTION: [>I APPROVED [ ] DENIED ( ] OTHER: Approved 5-0 Motion to proceed with staff recommendation in two weeks if property owner does not secure the structure. Review and Approvals CONCURRENCE: Faye W. Outlaw, MPA County Administrator Management & Budgel 4 Purchasing: _ Originating Dept. County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO.: 09-0875 DATE: July 10, 2009 SUBJECT: 2707 Avenue T; Open and Unsecured Structure BACKGROUND: On January 21, 2009, St. Lucie County Code Compliance Division issued a Notice of Violation to the property owners, Hearken Properties LLC (Hearken), stating that the above property was in violation of Section 13.09.00 St. Lucie County Land Development Code - Exterior Property Maintenance Code and Section 1-9-32(d) St. Lucie County Code and Compiled Laws. On May 6, 2009, the St. Lucie County Code Enforcement Board (the "Board") found Hearken's property to be in violation of Section 13.09.00, Exterior Property Maintenance Code, Section 3.01.3 for an open, unsecured structure on the property, Section 1-9-32(d), St. Lucie County Code and Compiled Laws for excess overgrowth and violation of Section 7.00.00, Subsection 3.0.7, St. Lucie County Land Development Code, for the fallen fence had been abated. The Board gave a compliance date of June 5, 2009. On July 1, 2009, the Board found the violation had not been abated and ordered a fine (see attached Order and photographs), The Board also found that the condition causing the violation presents a serious threat to the public health, safety and welfare and staff was directed to notify the St. Lucie County Board of County Commissioners (see attached Order). On May 31, 2009, the St. Lucie County Sheriff's office received a call to investigate this address for unauthorized individuals in the house. The deputy investigated and found evidence of individuals sleeping in the home (see attached spreadsheet). Pursuant to Section 1-2-25(a) of the St. Lucie County Code and Compiled Laws, if the violation presents a serious threat to the public health, safety and welfare, the enforcement board shall notify the St. Lucie County Board of County Commissioners which may make all reasonable repairs required to bring the property into compliance and charge the Violator with the reasonable costs of the repairs. Making such repairs does not create a continuing obligation on the part of the County to make further repairs or to maintain the property. A certified copy of an Order with the cost of repairs may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or - personal property owned by the Violator. RECOMMENDATION/CONCLUSION : Staff recommends that the Board authorize staff to have the structure secured, grass mowed, brought into compliance with codes and place a lien on the property for the costs. Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney KMS/cof Enclosures 07/29/2009 16:25 5214 STLUCIECOUNTY PAGE 01/02 ST. LUCIE COUNTY CODE ENFORCEMENT BOARD REFERRAL TO THE ST LUCIE COUNTY -BOARD OF COUNTY COMIVIISSIONERS CASE NO. 61564 HEARKEN PROPERTIES LLC THIS CAUSE came on. for a Fine Hearing before the St. Lucie County Code Enforcement Board on July 1, 2009, after due notice to the Violator, Hearken Properties LLC. As there was no one present to represent Hearken Properties LLC, the Board having heard testimony of Staff under oath., received evidence, and thereupon issues its Order Imposing Fine/Lien as follows: Based upon the testimony of the Code Enforcement Staff, this Board determines that the violation of Section 13.09.00, Exterior Property Maintenance Code, Article 301.3, Vacant Structure, of the St. Lucie County Land Development Code, on the property located at 2707 Avenue T, Fort Pierce, FL and property described as: GARDEN CITY FARMS 05 35 40 FROM NW COR TRACT 1.5 RUN E 125 FT, TH S 25 FT FOR POB, TH CONT S 155 FT, TH E 149 FT, TH N 27.3 7 FT, TH E 61.26 FT, TH N 127.68 FT TO S, R/W LI AV T, TH W 2 10 FT TO POB-LESS TO BAKER- (5B) (0.68 AC) (OR 2983-1600), presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lucie County Board of County Commissioners of the conditions. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal. grounds therefore with the Code Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. 07/29/2009 16:25 5214 STLUCIECOUNTY PAGE 02/02 in this case. DONE AND ORDERED this 1st day of July, 2009. ATTENT: CODE El SECRET ST. LUCIE COUNTY CODE ENFORCEMENT BOARD ,APPROVED AS TO FORM AND CORRECTNESS: CODVENFCIRCEMENT BOARD ATTORNEY I HEREBY CERTIFY that this documentji a true and correct copy of the Code Enforcement Board Order Imposing F CODE El SECRET. I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Hearken Properties LLC P. O. Box 16515 Tampa, FL 33687-6515 CODE El SECRET smw ST. LUCIE COUNTY CODE ENFORCEMENT BOARD FINDINGS OF FACT, CONCLUSION OF LAW, AND ORDER CASE NO. 61564 HEARKEN PROPERTIES LLC THIS CAUSE came on for a Violation Hearing before the St. Lucie County Code Enforcement Board ("Board") on the 61h day of May, 2009 after due notice to the Violator, Hearken Properties LLC. As there was no one present to represent Hearken Properties LLC for the hearing, the Board hereby enters a Default Judgement/Order against Hearken Properties LLC as follows: A. FINDINGS OF FACT: There is an open unsecure structure on the property located at 2707 Avenue T, Fort Perce, FL on the property described as: GARDEN CITY FARMS 05 35 40 FROM NW COR TRACT 15 RUN E 125 FT, TH S 25 FT FOR POB, TH CONT S 155 FT, TH E 149 FT, TH N 27.37 FT, TH E 61.26 FT, TH N 127.68 FT TO S R/W LI AV T, TH W 210 FT TO POB-LESS TO BAKER- (513) (0.68 AC) (OR 2983-1600) as recorded in the Public Records of St. Lucie County, Florida B. CONCLUSION OF LAW: Section 13.09.00, Exterior Property Maintenance Code, provides that the Exterior Property Maintenance Code is adopted as the Exterior Property Maintenance Code of St. Lucie County. Section 301.3, Vacant Structure and Land, of the St. Lucie County Exterior Property Maintenance Code, provides that all vacant structures and premises thereof shall be maintained in a safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. In addition, the owner of a vacant structure shall take such steps and perform such acts as may be required from time to time to insure that the structure and surrounding property remain safe, secure, and sanitary, and do not present a hazard to adjoining property or to the public. All openings, including doors and windows, which are covered or closed for access shall be provided with painted exterior grade plywood closures, matched in color to the structure. Since the Violator has permitted the home to remain open and unsecure on the property described above, Section 301.3, Vacant Structure, of the St. Lucie County Exterior Property Maintenance Code has been violated. C. ORDER: Based on the findings of fact and conclusion of law set out above, this Board determines that the Violator must abate the violation by boarding up all openings including exterior doors, garage doors, windows, etc. and painting to match the exterior of the house on the property described above by June 5, 2009. If the violation is not properly abated by June 5, 2009 , this Board may levy a fine not to exceed two hundred fifty and 00/100 dollars ($250.00) per day for each day the violation continues. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary within thirty (30) days of the date of this order. DONE AND ORDERED this 6th day of May, 2009. ATTEST: I CODE ENF( SECRETAR ST. LUCIE COUNTY CODE ENFORCEMENT BOARD Iffmall"A0,�A.,1111111111111 F/ I 201FE-1111 2 APPROVED AS TO FORM AND CORRECTNESS: 1r7- CQbE ENFORCEMENT BOARD ATTORNEY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Hearken Properties LLC P. O. Box 16515 Tampa, FL 33687-6515 smw CODE ENFO}�EMENT BOARD SECRETARY/ 3 07/28/2009 15:20 5214 STLUCIECOUNTY PAGE 01/04 ST. LUCIE COUNTY CODE ENFORCEMENT BOARD ORDER IMPOSING FINE/LIEN CASE NO. 61.564 HEARKEN PROPERTIES LLC THIS CAUSE came on for a Fine Hearing before the St. Lucie County Code Enforcement Board ("Board") on the I" day of July, 2009, after due notice to the Violator, Hearken Properties LLC. As there was no one present to represent Hearken Properties LLC for the hearing, and the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issued its Order Imposing Fine/Lien as follows: 1. On May 6, 2009, this Board issued its Findings of Fact, Conclusion. of Law, and Order determining that a violation of Section 13.09.00, Exterior Property Maintenance Code, Article 301.3, Vacant Structure, of the St. Lucie County Land Development Code, existed on the property located at 2707 Avenue T, Fort Pierce, FL or). property described as: GARDEN CITY FARMS 05 35 40 FROM NW COR TRACT 15 RUN E 125 FT, TH S 25 FT FOR POB, TH CONT S 155 FT, TH E 149 FT, TH N 27.37 FT, TH E 61.26 FT, TH N 127.68 FT TO S R/W Ll AV T, TH W 210 FT TO POB-LESS TO BAKER- (5B) (0.68 AC) (OR 2983- 1600) as recorded in the Public Records of St. Lucie County. The Violator was given until June 5, 2009 to abate the violations. 2. Based upon the testimony of the Code Enforcement Staff, this Board determines that a violation of Section, 13.09.00, Article 301.3 of the St. Lucie County Land Development Code continues to exist as the Violator has not secured 07/28/2009 15:20 5214 STLUCIECOUNTY PAGE 02/04 the structure by boarding up all doors and windows including the garage door and painting same boards to match the exterior of the structure on the property described above. 3. Pursuant to the authority granted by Section 1.62.09, Florida Statutes, and Section 1-2-25 of the St. Lucie County Code of Ordinances, and after considering the gravity of the violation, any actions taken by the Violator to correct the violation, and any previous violations committed by the Violator, this Board orders the Violator to pay a fine of two hundred fift dollars 00/100 250.00 per day for each day the violation continues beginning June 6, 2009. , with the maximum fine not to exceed five thousand and 00/100 dollars 5 000.00 and a prosecution cost of one hundred twenty five dollars and 00/100 $ 25.00 has been imposed. 4. Pursuant to Section 162.09, Florida Statutes, and Section 1-2-25, St. Lucie County Code of Ordinances, this Order may be recorded in the Public Records of St. Lucie County, Florida, and shall constitute a lien against the above described property and any other real or personal property owned by the Violator. This Order will continue as a lien until the violation has been abated and the fine ordered in paragraph 3 above is paid. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forththe legal grounds thereforewith the Code Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. 07/28/2009 15:20 5214 STLUCIECOUNTY PAGE 03/04 Any aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within. thirty (30) days of the execution of the order to be appealed. DONE AND ORDERED this 1st day of July, 2009. A BODE ENFgk)CENIKNT BOARD SECRCTARV/ ST. LUCIE COUNTY CODE ENFORCEMENT BOARD BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: 6 CODV, ENFORCEMENT BOARD ATTORNEY I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Order imposing Fine/Li/nin this case. CODE E RCEMENT BOARD SECRETMY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of. Law, and Order has been furnished by 07/28/2009 15:20 5214 STLUCIECOUNTY PAGE 04/04 mail to: Hearken Properties LLC P. O. Box 16515 Tampa, FL 33687-6515 smw CODE El SECRET r yr � L } L oW 04 41 NOTICE OF PUBLIC HEARING TO: Hearken Properties LLC P.O. Box 16515 Tampa, Florida Case No.: 61564 Address: 2707 Avenue T Fort Pierce, Florida Tax I0 #: 2404-608-0039-000/4 Corporation Service Company Registered Agent for Hearken Properties LLC 1201 Hays Street Tallahassee, Florida 32301 Pursuant to Article III of Chapter 1-2 of the St. Lucie County Code and Compiled Laws, on July 1, 2009, the St. Lucie County Code Enforcement Board found that the above property remains in violation of Section 13.09.00 Exterior Property Maintenance Code and Article 3.01.2 Vacant Structure. The St. Lucie County Code Enforcement Board found the condition causing the violation presents a serious threat to the public health, safety and welfare and staff was directed to notify the St. Lucie County Board of County Commissioners of the condition. The St. Lucie County Board of County Commissioners may order that all reasonable repairs which are required to bring the property into compliance be made and charge the violator with the reasonable costs of the repairs. The Board may order the costs of repairs to constitute a lien on all real and personal property owned by the violator and be filed in the Office of the Clerk of the Circuit Court in and for St. Lucie County, Florida. A public hearing has been scheduled before the St. Lucie County Board of County Commissioners on August 18, 2009 at 6:00 p.m. or as soon thereafter as may be heard in the Commission Chambers of the St. Lucie County Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons are invited to attend and be heard. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact Beth Ryder, Community Services Director, at (772) 462-1428, at least forty-eight (48) hours prior to the hearing. Should you require additional information regarding the Notice or a copy of the St. Lucie County Board of County Commissioners' agenda package, please contact the St. Lucie County Code Enforcement Division at (772) 462-1571. ITEM NO. VII-D DATE: 08/18/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTE Y: Dennis Bunt kjX SUBMITTED BY: Public Works — Code Compliance Division Code Enforcernent Supervisor SUBJECT: Unsafe Structure BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-2415-534000-200 — Contractual Services PREVIOUS ACTION: June 16, 2009 Board of County Commissioners determined the detached garage was unsafe and granted approval to advertise a public hearing. RECOMMENDATION: Board authorization to give the Code Compliance Division permission to demolish the structure, clean the property, and assess the entire cost which shall constitute a lien payable to St. Lucie County. COMMISSION ACTION: CONCURRENCE: C>4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Motion to proceed Faye W. Outlaw, MPA with staff recommendation in County Administrator iwo weeks if property owner does not comply. Coordination/Signatures County Attorney ( X) OMB Director �w Budget Analyst �,<L Daniel McIntyre � as Originating Dept. ( X) - ERD Don d West _ Mar Gouin FOIL 'T0'U30NNA f �41t15 �n Karen L. Smith COUNTY F L o R I D A J TO: Board of County Commissioners Public Works Department MEMORANDUM THROUGH: Donald West, Public Works Director 1 � , FROM: Dennis Bunt, Code Enforcement Supervis DATE: 08/18/09 SUBJECT: Unsafe structure ITEM NO. VII-ICJ Background: The property located at 1903 Edwards Road, Fort Pierce was cited by Code Enforcement on January 3, 2006 for outside storage, overgrowth and failure to maintain the exterior of the single family home and detached garage. The matter was brought before the Code Enforcement Board on March 1, 2006 for a violation hearing. The property owner was given until May 15, 2006 to bring the property into compliance. Compliance was not achieved and a fine hearing was held on June 6, 2006. At the fine hearing, the Code Board heard testimony that the owner was making progress and continued the fine hearing until July 5, 2006. At the July 5, 2006 fine hearing the owner testified that he was still trying to obtain permits and financial assistance. The Code Enforcement Board determined that the owner needed additional time but the property could not remain in its current condition. A fine of $250 per day, not to exceed $10,000, for each day the violations continued after October 30, 2006 plus a cost for prosecution of $150 was ordered. The violations on the single family home and detached garage were not abated and the fine reached the $10,000 maximum. A lien was recorded on December 13, 2006. On August 17, 2006, the owner obtained a permit to repair the roof of the single family home. The permit reached its maximum expiration date on August 17, 2008 and the roof was never repaired. Since that time, the owner has secured the single family dwelling by boarding the windows and doors. However, no corrective action has ever been taken regarding the detached garage. Recommendation: Board authorization to give the Code Compliance Division permission to demolish the structure, clean the property, and assess the entire cost which shall constitute a lien payable to St. Lucie County. Attachment "A" — 2 photographs Attachment "B" — Notice of public hearing and proof of publication Attachment "C" — Order for repair or demolition of unsafe structure -41 tEP 8/03/2009 Attachment B ' BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNT DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came before the Board of County Commissioners for St. Lucie County (the "Board") on June 16, 2009, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") upon the request of the St. Lucie County Building Official to declare that the structure at 1903 EDWARDS ROAD, FORT PIERCE, FLORIDA, legal description: MARAVILLA HTS BLK A BEG 40 FT W OF NE COR OF LOT 1, TH RUN SWLY 234.5 FT TO S BDRY OF LOT 7, TH W44.75 FT, TH NELY 234.5 FT TO N LI OF LOT 1, TH E 50 FT TO POB (0.26 AC) (OR 1407-1803-1806) as recorded in the Public Records of St. Lucie County, Florida (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the report filed by the St. Lucie County Building Official makes the following determinations: 1. The Building described above is hereby declared to be unsafe and an attractive nuisance due to age, decay, deterioration, abandonment and structural defects, to the extent that it may be injurious to the public health and a danger to any occupants and surrounding properties. 2. The structure is damaged to such an extent that the cost of repair or restoration of the building will exceed 50% of the value of the Building after repair. 3. A public hearing shall be held on August 18, 2009 at 6:00 PM or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. Actions taken at this public hearing may include issuing an order for the condemnation and demolition of the Building. The cost of the demolition may be assessed against the real property upon which such cost was incurred. DONE AND ORDERED this 16`h day of June, 2009. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 1'. /... _/ CHAIRMW APPROVED AS TO FORM AND CORRECTNESS: /U/--" Jest COUNTY ATTORNEY All interested persons have the right to appear before the Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing should be directed to Christopher Lestrange, the St. Lucie County Code Compliance Manager, at (772) 462-1553. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of this proceeding is made which includes the testimony and evidence upon which the appeal is based. nalere 1 of 2 Attachment B Foreign Account Number 11504098 Ad # 2036153 Ad Net Cost $178.79 Name (Primary) ST LUCIE COUNTY BOCC Company (Primary) ST LUCIE COUNTY BOCC Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE City (Primary) FT PIERCE State (Primary) FL ZIP (Primary) 34982 Phone (Primary) (772) 462-1692 Class Code 9402SC - Notice Start Date 7/26/2009 Stop Date 8/16/2009 Prepayment Amount $0.00 Ad Sales Rep. 190 - Barbara Wentzel Width 2 Depth 95 BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT OTICE IS HEREBY GIVEN that on June 16, 009 the Board of County Commissioners f St. Lucie County, Florida, (the "Board"), ursuant to Article III of Chapter 2-5 of the ,t. Lucie County Code and Compiled Laws eclared the Property described below as n unsafe structure and will hold a public earing at its regular meeting on Tuesday, ie 18th day of August, 2009 at 6:00 P.M., r as soon thereafter as the matter may be eard in the St. Lucie County Commission :hambers at the St. Lucie County Adminis ration Building Annex, Third Floor, 2300 'irginia Avenue, Fort Pierce, Florida to de- armine what further action, which may in- lude ordering the demolition of the struc- ure, should be taken in regards to the 'roperty described below under the provi- ions of Section 2-5-43 of the St. Lucie :ounty Code and Compiled Laws. ascription of Structure: ngle Story Detached Garage reet Address: 303 EDWARDS ROAD, FT.PIERCE, FL 34982 ?gal Description: MARAVILLA HTS BLK A BEG 40 FT W OF 4E COR OF LOT 1, TH RUN SWLY 234.5 FT 0 S BDRY OF LOT 7, TH W44.75 FT, TH 4ELY 234.5 FT TO N LI OF LOT 1, TH E 50 :T TO POB (0.26 AC) (OR 1407-1803.1806) afters affecting your personal and proper- y rights may be heard and acted upon. W interested persons are invited to attend ind be heard. Written comments received n advance of the public hearing will also to heard. Copies of the Certified Report of nspection of the Structure may be ob- ained from the Code Compliance Division, it. Lucie County Administration Building, ?300 Virginia Avenue, Fort Pierce, FL 34982. If any person decides to appea my decision made with respect to any natter considered at the meetings or hear ngs of any board, committee, commis :ion, agency, council or advisory group, that person will need a record of the pro- ceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the pro- ceedings, individuals testifying during a hearing will be sworn in. Any parry to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. THIS NOTICE EXECUTED and dated this 20th day of July, 2009. Submitted by: Dennis A. Bunt Code Enforcement Supervisor Publish: July 26, August 2, 9, 16, 2009 2036153 page 2 of 2 Attachment C BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY ORDER FOR THE REPAIR OR DEMOLITION OF AN UNSAFE BUILDING PROPERTY OF JOSEPH ZIELINSKI 1903 EDWARDS ROAD, FORT PIERCE, FLORIDA THIS MATTER came on before the Board of County Commissioners for St. Lucie County (the "Board") at a duly advertised public hearing on August 18, 2009, pursuant to Article III of Chapter 2-5 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") and upon the request of the St. Lucie County Code Compliance Manager to consider appropriate action to abate the safety hazard and the Board having heard comments of staff and the public hereby makes the following determination: 1. On February 2, 2009, the single story detached garage at 1903 Edwards Road, Fort Pierce, Florida (the "Building") MARAVILLA HTS BLK A BEG 40 FT W OF NE COR OF LOT 1, TH RUN SWLY 234.5 FT TO S BDRY OF LOT 7, TH W44.75 FT, TH NELY 234.5 FT TO N LI OF LOT 1, TH E 50 FT TO POB (0.26 AC) (OR 1407-1803-1806) was inspected by Staff and determined to be unsafe. 2. On June 16, 2009, the Board of County Commissioners, pursuant to Chapter 2-5 of the St. Lucie County Code of Ordinances (the "Code") declared the Building unsafe and ordered a public hearing to be held to determine what steps should be taken with respect to the building. As of this date, the Building has not been demolished and continues to constitute a nuisance. On July 31, 2009 the property was posted. 4. A Notice of Intent and Notice of Public Hearing was published in the Fort Pierce Tribune on July 26, August 2, 9, and 16, 2009. A copy of the Affidavit of Advertising is attached as Exhibit A. 5. The Building is damaged to such an extent that it is a menace to public health, an attractive nuisance and unsafe so as to endanger life or property and the cost of repair or restoration of the Building will exceed fifty percent (50%) of the value thereof after restoration or repair. Based on the above determinations, on August 18, 2009, the Board orders the following: 1. Joseph Zielinski, as owner of the Building, shall take down the structure and have the property properly cleaned by September 1, 2009. 2. If the structure is not taken down and properly cleaned up by September 1, 2009, the County shall demolish the Building and assess the entire cost against the real property where the Building is located. DONE AND ORDERED this 181h day of August 2009. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY oage 1 of 1 41 AGENDA REQUEST IFF SOU NTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: House Bill 227 (2009) See attached memorandum ITEM NO. DATE: August 18, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel S. McIntyre RECOMMENDATION: Staff recommends that the Board agree to participate in the legal challenge to the constitutionality of House Bill 227 as a party plaintiff. COMMISSION ACTION: [Xj APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management A Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.:. Finance: (Check for copy only, if applicable) Eff. 5/96 II INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0964 DATE, August 5, 2009 SUBJECT, House Bill 227 (2009) BACKGROUND: During the 2009 legislative session, the Florida Legislature passed House Bill 227. The Governor signed the bill into law on May 21, 2009. The legislation changed the burden of proof in any action challenging an impact fee. The specific language of House Bill 227 is as follows: u In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section. The court may not use a deferential standard. Attached is a letter dated July 29, 2009, from Gregory T. Stewart, Esquire, of Nabors, Giblin & Nickerson outlining several legal issues with the legislation. Mr. Steward specifically asked whether St. Lucie County is interested in participating in the litigation. Ginger Delegal, Esquire, general counsel for the Florida Association of Counties (FAC) sent an email dated August 3, 2009 (copy attached) which indicates that the FAC Board of Directors has given FAC permission to file a declaratory action challenging the constitutionality of House Bill 227. According to Ms. Delegal, a rough estimate for the cost of the litigation is $75,000. As of this date, Lee County, Lake County, Alachua County and Nassau County have agreed to participate in the lawsuit as plaintiffs. According to Mr. Stewart, the cost for an individual county or city should not exceed $5,000.00. RECOMMENDATION/CONCLUSION : Staff recommends that the Board agree to participate in the legal challenge to the constitutionality of House Bill 227 as a party plaintiff. ly Daniel S. McInty County Attorney DSM/caf Attachments TALLAHASSEE Suite 200 1500 Mahan Drive Tallahassee, Florida 32308 (850) 224-4070 Tel (850) 224-4073 Fax Reply to Tallahassee Daniel McIntyre St. Lucie County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Dan: Nabors " Giblin& Ni*ckersonP.A. July 29, 2009 Re: HB 227 (2009) FORT LAUDERDALE 208 S.E. Sixth Street Fort Lauderdale, Florida 33301 (954) 525-8000 Tel (954) 525-8331 Fax TAMPA Suite 1060 2502 Rocky Point Drive Tampa, Florida 33607 (813) 281-2222 Tel (813) 281-0129 Fax As you are aware, recent legislation approved by the Legislature during the last session has greatly restricted the ability of local governments to impose impact fees. Our firm and the Florida Association of Counties (FAC) has been working together to inform counties of the impacts of the legislation and discuss the potential litigation as to its validity. During the 2009 Legislative Session, the Legislature passed HB 227, and the Governor signed the bill into law on May 21, 2009. The legislation amended section 163.31801, Florida Statutes, and imposed significant restrictions on the ability of local government to impose impact fees for the funding of growth related infrastructure. The language of HB 227 read as follows: (5) In any action challenging an impact fee the government has the burden of proving by preponderance of the evidence that the imposition or amount of the fee meets the 4i J t !•�tr\t 1 (_ J t Daniel McIntyre July 29, 2009 Page 2 requirements of state legal precedent or this section. The court may not use a deferential standard. Much of the intent behind the bill came from a recent Fifth District Court of Appeal decision issued on January 30, 2009, in St. Johns River Water Management District v. Koontz, holding that a proposed development exaction was invalid in that case, under a heightened level of judicial scrutiny. Proponents for the bill argued that an impact fee is a development exaction and that a higher level of judicial scrutiny would be good policy for the state, following the reasoning of the Koontz decision. The bill was passed by the Senate with fewer than a 2/3 vote of its membership, despite staff analysis which noted that the legislation was a local government mandate that required a 2/3 vote. This legislation greatly limits the ability of local governments to impose impact fees to offset the costs of growth necessitated capital improvements. It primarily does so in two ways. First, the legislation shifts the burden of proof when any impact fee is challenged to require that government prove by a preponderance of the evidence that an impact fee is valid. This requirement is applied regardless if the fee is recently adopted or has been on the books for many years. Normally, a plaintiff that files an action challenging a particular enactment of a governmental entity would have the burden of proof to show that the particular ordinance is invalid under law. The language which has been incorporated within HB 227 now shifts that burden entirely to the local government so that any time there is a challenge to an impact fee, the complaining party would have no burden of proof and the government would have the exclusive burden of proving that the fee was valid under existing law. The second aspect which is effected by HB 227 is contained in the last sentence of the amendment. That language states that: "The court may not use a deferential standard." There are two deferential standards that are normally applied in the context of an impact fee challenge. The first is that an impact fee ordinance, like any legislative act, is presumed to be valid by the courts. Under this language, that presumption no longer exists and the court is not to give any Daniel McIntyre July 29, 2009 Page 3 presumption of validity to an impact fee ordinance. The second aspect of the deferential standard deals with legislative findings of fact. Normally, when an impact fee is adopted, a governmental entity will make various legislative findings of fact as to the validity of that particular provision. The case law is clear that the courts are required to give deference to these findings of fact. Under the amendment contained in HB 227, no such deference will be provided relating to the challenge of an impact fee ordinance. Various local governments are discussing the potential of filing a lawsuit to contest the validity of HB 227 as adopted. The challenges would be two fold. First, the legislation reduces the authority of municipalities and counties to raise revenues in the aggregate and, therefore, constitutes an unfunded mandate under Article VII, section 18(b) of the Florida Constitution, which states as follows: Except upon approval of each house of the legislature by two- thirds of the membership, the legislature may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that municipalities or counties that have to raise revenues in the aggregate, as such authority exists on February 1, 1989. (emphasis added) In particular, this legislation places severe limitations on the ability of local governments to not only adopt impact fee ordinances but to defend previous impact fees. As such, these restrictions would reduce the authority of municipalities and counties to raise revenue. As previously indicated, staff analysis for the bill reflected that this would constitute a mandate to local governments and would require the requisite two-thirds vote. Yet, that vote was not received in the Senate. Though the mandate issue is strong, it would only be available to counties or municipalities, the governmental entities that adopt impact fees, and would not apply to school boards. Daniel McIntyre From: Ginger Delegal [gdelegal@fl-counties.com] Sent: Monday, August 03, 2009 2:23 PM To: Ginger Delegal Cc: Chris Holley; Stewart, Greg; Davin Suggs; John W. Smith Subject: Impact Fees - HB 227 Hey county attorneys, I just wanted to bring you up to date on where FAC is with any potential legal challenge to HB 227. There was a conference call on Friday, attended by those county attorneys who had volunteered to be a part of a "steering committee" for the counties' interest in the litigation. I participated in the call, along with Greg Stewart of Nabors, Giblin & Nickerson. Many of you either have received (in the last two days or so) or will receive a letter from NG&N, outlining the major arguments against HB 227 and setting forth a litigation strategy (essentially a declaratory and injunctive action, filed in Leon County, naming FAC and individual counties as plaintiffs, along with other cities and school boards (although none of them have committed)). The FAC Board of Directors has given FAC permission to file a declaratory action, challenging the constitutionality of HB 227, to solicit additional plaintiffs, and to hire special counsel. FAC is in the process of assembling the plaintiffs and the legal team on all our behalf. FAC has worked with NG&N on the letter that Greg Stewart has sent to some of you. We do need additional plaintiffs -- counties, cities and schools. A very rough estimate of the total fees and costs to litigate this matter, through any First DCA appeal would be around $75,000. That amount would be split among all named plaintiffs, although not in equal shares. FAC, for example would shoulder a disproportionate piece of the "county family share," as FAC would be representing ALL counties in Florida, not just those participating. FAC cannot, however, absorb the totality of the costs. If you have not received the NG&N letter and would like to, please let me know. Also, if you need additional information from me, please let me know. Finally, if you have any news you'd like to report to me, please let me know that as well. Ginger Delegal Virginia "Ginger" Delegal General Counsel Florida Association of Counties gdelepal@fI-counties.com 100 S. Monroe St • Tallahassee, FL 32301 P.O. Box 549 • Tallahassee, FL 32302 Phone: (850) 922-4300 • Fax: (850) 488-7501 www.fi-counties.com • All About Florida • Confidentiality: This electronic communication, including any authorized attachments, contains information from the Office of the General Counsel at the Florida Association of Counties, Inc., that may be legally privileged, confidential, and exempt from disclosure under applicable law. This communication also may include content that was not originally generated by this office. If you ore not the intended recipient, any use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete it from all computers on which it may be stored. 0 AGENDA REQUEST COUNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: August 18, 2009 REGULAR M PUBLIC HEARING [ ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Senate Bill 360 (Community Renewal Act) - Lawsuit filed by the City of Weston challenging Senate Bill 360 as being Unconstitutional BACKGROUND: See attached memorandum CA No. 09-0988 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve either Resolution No. 09-206A to join the Weston lawsuit or Resolution No. 09-206B to support the Weston lawsuit and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ----I —= � Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre_ [ ] Road & Bridge.: [ ) Parks & Recreation Director ( ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 TO: FROM: C.A. NO: DATE: SUBJECT: BACKGROUND: INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA Board of County Commissioners Daniel S. McIntyre, County Attorney August 11, 2009 Senate Bill 360 (Community Renewal Act) - Lawsuit filed by the City of Weston challenging Senate Bill 360 as being Unconstitutional On June 1, 2009, Governor Charlie Crist signed Senate Bill 360, the Community Renewal Act (the "Act") into law over the objections of many Florida municipalities and counties as well as the Florida League of Cities and the Florida Association of Counties. The Act makes sweeping changes to growth management laws and was expressly intended to "encourage urban infill and redevelopment by removing costly and unworkable state regulations in urban areas". The language in the Act is unclear, resulting in disagreements between attorneys for developers and attorneys for local governments as to its applicability. The City of Weston, Florida and other local governments have filed a lawsuit challenging the constitutionality of Senate Bill 360 and have requested that any local government interested in joining the Lawsuit as a plaintiff contribute $2,500 towards the attorney's fees and costs of the lawsuit. Resolution No. 206A has been drafted to reflect that St. Lucie County will join the Lawsuit. Resolution No. 206E has been drafted to give the Board another option. This resolution designates that St. Lucie County supports other local governments in a lawsuit challenging Senate Bill 360 as being unconstitutional. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve either Resolution No. 09-206A to join the Weston lawsuit or Resolution No. 09-206B to support the Weston lawsuit and authorize the Chairman to sign the Resolution. Respectfully submitted, DSM/cb ` - _r / " �/ Daniel S. McInty County Attorney, RESOLUTION NO. 09-206A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, JOINING OTHER LOCAL GOVERNMENTS IN A LAWSUIT CHALLENGING SENATE BILL 360 AS BEING UNCONSTITUTIONAL WHEREAS, over the objections of many Florida municipalities and counties, as well as the Florida League of Cities and the Florida Association of Counties, Governor Charlie Crist, on June 1, 2009, signed Senate Bill 360, the Community Renewal Act (the "Act"), into law; and WHEREAS, the Act makes sweeping changes to growth management laws and was expressly intended to "encourage urban inf ill and redevelopment by removing costly and unworkable state regulations in urban areas;" and WHEREAS, the impacts of the Act reached far beyond urban inf ill and redevelopment areas to encompass approximately half of the municipalities, eight of the largest counties, and half of the state's population; and WHEREAS, the language in the Act is unclear, resulting in disagreements between attorneys for developers and attorneys for local governments as to its applicability; and WHEREAS, the Act may have substantial negative impacts on many local governments throughout the State of Florida, particularly if the interpretation set forth by attorneys for developers is adopted, possibly including: 1. the extension of some or all types of local development orders and building permits for two years; 2. state preemption of the ability of local governments to deny future land use map amendments to the comprehensive plan based upon transportation levels of service; 3. elimination of the process of review for developments of regional impacts ("DRI's") in half of the local governments in the State, which means major development projects will be able to proceed without regard to cross -jurisdictional impacts; 4. elimination of state -mandated traffic concurrency in certain areas without input from or regard to the impact on neighboring jurisdictions; 5. state preemption of the ability of local governments to require security cameras in private business; 6. mandatory expenditure of substantial funds by local governments to amend their comprehensive plans to fund mobility and otherwise comply with the Act; and 7. the potential transfer of the costs for mitigating traffic impacts from developers to taxpayers; and WHEREAS, the law firm of Weiss Serota Helf man Pastoriza Cola & Boniske, PL (the "Firm"), which serves as the City Attorney for the City of Weston ("Weston"), was. asked to do a legal analysis to determine whether the Act was subject to challenge on constitutional grounds; and WHEREAS, the Firm determined that a strong argument can be made that the enactment of the Act violated (1) Article VII, Section 18 of the Florida Constitution, which prevents the Florida Legislature from imposing requirements on local governments without providing a means to pay for such requirements unless certain requirements are satisfied (the "Unfunded Mandate Provision"), and (2) Article III, Section 6 of the Florida Constitution, which requires that every law embrace only one subject (the "Single Subject Provision"); and WHEREAS, based upon the foregoing, the City Commission of Weston passed Resolution No. 2009-49, which authorized and directed its City Manager and City Attorney to encourage other local governments to join Weston as plaintiffs in a lawsuit challenging the Act for violating the Unfunded Mandate Provision and Single Subject Provision of the Florida Constitution (the "Lawsuit"); and WHEREAS, Weston has filed the Lawsuit and has requested that any local government interested in joining the Lawsuit as a plaintiff contribute $2,500 towards the attorneys' fees and costs of the Lawsuit; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desires to join Weston and the other local governments as a plaintiff in the Lawsuit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners o St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: The Firm is authorized and retained to include St. Lucie County as a plaintiff in the Lawsuit. St. Lucie County acknowledges that its inclusion in the Lawsuit shall not preclude the firm from representing other clients in connection with St. Lucie County and hereby waives any such conflicts. Section 3: The Management and Budget Director is directed and authorized to contribute $2,500 to Weston towards the attorneys' fees and costs of the Lawsuit. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this day of July 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney RESOLUTION NO. 09-206B A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING OTHER LOCAL GOVERNMENTS IN A LAWSUIT CHALLENGING SENATE BILL 360 AS BEING UNCONSTITUTIONAL WHEREAS, over the objections of many Florida municipalities and counties, as well as the Florida League of Cities and the Florida Association of Counties, Governor Charlie Crist, on June 1, 2009, signed Senate Bill 360, the Community Renewal Act (the "Act"), into law; and WHEREAS, the Act makes sweeping changes to growth management laws and was expressly intended to "encourage urban inf ill and redevelopment by removing costly and unworkable state regulations in urban areas;" and WHEREAS, the impacts of the Act reached far beyond urban inf ill and redevelopment areas to encompass approximately half of the municipalities, eight of the largest counties, and half of the state's population; and WHEREAS, the language in the Act is unclear, resulting in disagreements between attorneys for developers and attorneys for local governments as to its applicability; and WHEREAS, the Act may have substantial negative impacts on many local governments throughout the State of Florida, particularly if the interpretation set forth by attorneys for developers is adopted, possibly including: 1. the extension of some or all types of local development orders and building permits for two years; 2. state preemption of the ability of local governments to deny future land use map amendments to the comprehensive plan based upon transportation levels of service; 3. elimination of the process of review for developments of regional impacts in half of the local governments in the State, which means major development projects will be able to proceed without regard to cross -jurisdictional impacts; 4. elimination of state -mandated traffic concurrency in certain areas without input from or regard to the impact on neighboring jurisdictions; 5. state preemption of the ability of local governments to require security cameras in private business; 6. mandatory expenditure of substantial funds by local governments to amend their comprehensive plans to fund mobility and otherwise comply with the Act; and 7. the potential transfer of the costs for mitigating traffic impacts from developers to taxpayers; and WHEREAS, Weston and other local governments have filed suit challenging the constitutionality of Senate Bill 360; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desires to support the efforts of Weston and the other local governments in the Lawsuit challenging Senate Bill 360. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners o St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board supports the suit by the City of Weston and other local governments in the Lawsuit challenging Senate Bill 360. Section 3: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this day of July 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA I -'A Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney