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Home My WebLink AboutAgenda Packet 09-01-2009 • s ~ 1`~ ~ ~ tilltiiinpitl~~l~lii~littLti[1~~1iFiiillUiiliiiititi(iitiNi~illigi1i~11itflitl~illitiliiiitliliiiltilltiiiFiltllliti ~UUIiIliilliliiiiiiliiil~ ili~il~iilil~ii~lillililli~ifi~fltifiiil September 1, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. September 1, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org iiiiiliilit1ii11tii1iiiiltiiiUi3itt?i#iitiilujlliiilitlltitittiiiilititiLt~liitti~iiil~ttiltllfiiiliilittlililiFiipi~iiiit~liilii~ll~iifliiliiil[Iltii~~~hilitii[t[Llitii[iiiiiiti~tuiiiii~l~ 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 tilttt~ifiiill~fi(iiillltifiiillilliiltk~iriiitifiiiiiiflifliNiiil~ IiilitliiiiftilHililrtUliit~i~lrt#itiilliliiWillllliiiiiiii~~i(iiiiliiiil~tiifiilililtiiiilliii~li~i~ I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES p r t, a ~ GI ~I Approve the minutes from the August 25, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for September 1, 2009. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA ~OnSe,~~ ~~r~~a Z erns A. WARRANTS r~~" Approve warrant list No. 48 PP B. COUNTY ATTORNEY 1. Approval of Budget Resolution No. 09-235 allowing the County to budget second year grant funds from the State of Florida (Criminal Justice, Mental Health and Reinvestment Grant). Consider staff recommendation to approve Budget Resolution No. 08-239 to budget the funds from the State Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. 2. Termination and Waiver of Road Agreement and Intersection Agreement - Sunnyland Farms, LLC Consider staff recommendation to approve the Termination and Waiver Agreement and authorize the Chair to sign the Agreement. C. PUBLIC WORKS 1. Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects Consider staff recommendation to approve acceptance of the bid from H&D Construction Co., Inc. for Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects in the amount of $182,666.25, establish the project budget, and authorization for the Chair to sign documents as approved by the County Attorney. 2. White City Drainage Improvements Project -Citrus and Saeger Avenues Consider staff recommendation to approve the Second Amendment to Work Authorization No. 1 (CO-O7-381) Continuing Professional Roadway Design Services, with AECOM USA, INC. in the amount of $31,900 and authorization for the Chair to sign documents as approved by the County Attomey. D. PARKS AND RECREATION Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County. Consider staff recommendation to approve the Second Amendment to Interiocal Agreement for Bus Stop Locations with the School Board of St. Lucie County as drafted by the County Attomey and authorization for the Chair to sign. E. ENVIRONMENTAL RESOURCES U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Grant Application Consider staff recommendation to submit a grant application to the U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Grant Program, requesting funds of $286,298. F. SHERIFF'S OFFICE Permission to accept the 2009 Edward Byme Memorial Justice Assistance (JAG) Program -Local Solicitation Grant. Consider staff recommendation to authorize the acceptance of the 2009 Edward Byme Memorial Justice Assistance (JAG) Program -Local Solicitation Grant (2009-DJ-BX-1320) in the amount of $116,436. Budget Resolution No. 09-251. G. GRANTS White City Stormwater Drainage Project, Citrus and Saeger Avenue -Grant Application and Budget Amendment Consider staff recommendation to approve authorization to submit a grant application to the St. Lucie River Issues Team for construction funding for a stormwater drainage project in the neighborhood adjacent to Citrus and Saeger Avenues. In addition, Board approval of Budget Amendment No. 09-038 moving $922,371 from Stormwater Reserves. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY f~C-~~~~ Ordinance No. 09-007 -Chapter 7 Land Development Code -Street Trees Consider staff recommendation to approve Ordinance No. 09-007. REGULAR AGENDA VIII. HUMAN RESOURCES County Administrator, End of Probation Consider staff recommendation for the Board to determine whether or not to approve End of Probation for the County Administrator. IX. ANNOUNCEMENTS 1. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 10, 2009 at 6:00 p.m. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3 4. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Friday, October 9, 2009 at 10:00 a.m. in Conference Room #3 5. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. 6. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Friday, November 9, 2009 at 1:30 p.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty~ight (48) hours prior to the meeting. ~ - • • i{ii{iiL~iiHiiUlilitiiii3~{iiiiititUiiiitiiittiliilltit(tiiilttWtltEiilitlitiitii~fftif[iitlit#iiUCliWItf1~1W[lililliiilitillitHllitiiiiiiHlliiiitliiiitiltUittiitiiiiiiiiliiiiftUiiiilliUi September 1, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r~ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. September 1, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-I ucie.fl. us www.stlucieco.org Itii[ii[Iiifitlitittliilltilititili(tiitiiii~tiitiitiittlitl111itiiilliAiiiltiitliilWlillitlliliitlil i itii[IfiiliiltlliiNNiil litliitlti~[ltitliltiitiiiiilittiiiittiiti7ttiitittiiiitttitiittittiifiitiliU 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 i~litlli~i~liiiitfl[tlilliliiliitliitittiiiliilittiiiti[IiFtitifititt~itlliltilititllttultiiitit liilliitt[iH[ltiti[iiiiittiTtiitiitiiliiiiltiiftiiliiifillEti~ttititflitittitiiliilitlIiiiitiiuttituitu I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 25, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamationslpresentations scheduled for September 1, 2009. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 48 B. COUNTY ATTORNEY 1. Approval of Budget Resolution No. 09-235 allowing the County to budget second year grant funds from the State of Florida (Criminal Justice, Mental Health and Reinvestment Grant). Consider staff recommendation to approve Budget Resolution No. 08-239 to budget the funds from the State Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. 2. Termination and Waiver of Road Agreement and Intersection Agreement - Sunnyland Farms, LLC Consider staff recommendation to approve the Termination and Waiver Agreement and authorize the Chair to sign the Agreement. C. PUBLIC WORKS 1. Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects Consider staff recommendation to approve acceptance of the bid from H&D Construction Co., Inc. for Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects in the amount of $182,666.25, establish the project budget, and authorization for the Chair to sign documents as approved by the County Attorney. 2. White City Drainage Improvements Project -Citrus and Saeger Avenues Consider staff recommendation to approve the Second Amendment to Work Authorization No. 1 (CO-07-381) Continuing Professional Roadway Design Services, with AECOM USA, INC. in the amount of $31,900 and authorization for the Chair to sign documents as approved by the County Attorney. D. PARKS AND RECREATION Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County. Consider staff recommendation to approve the Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County as drafted by the County Attomey and authorization for the Chair to sign. E. ENVIRONMENTAL RESOURCES U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Grant Application Consider staff recommendation to submit a grant application to the U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Grant Program, requesting funds of $286,298. F. SHERIFF'S OFFICE Permission to accept the 2009 Edward Byme Memorial Justice Assistance (JAG) Program - Local Solicitation Grant. Consider staff recommendation to authorize the acceptance of the 2009 Edward Byrne Memorial Justice Assistance (JAG) Program -Local Solicitation Grant (2009-DJ-BX-1320) in the amount of $116,436. Budget Resolution No. 09-251. G. GRANTS - White City Stormwater Drainage Project, Citrus and Saeger Avenue -Grant Application and Budget Amendment Consider staff recommendation to approve authorization to submit a grant application to the St. Lucie River Issues Team for construction funding for a stormwater drainage project in the neighborhood adjacent to Citrus and Saeger Avenues. In addition, Board approval of Budget Amendment No. 09-038 moving $922,371 from Stormwater Reserves. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-007 -Chapter 7 Land Development Code -Street Trees Consider staff recommendation to approve Ordinance No. 09-007. REGULAR AGENDA VIII. HUMAN RESOURCES County Administrator, End of Probation Consider staff recommendation for the Board to determine whether or not to approve End of Probation for the County Administrator. IX. ANNOUNCEMENTS 1. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 10, 2009 at 6:00 p.m. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3 4. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Friday, October 9, 2009 at 10:00 a.m. in Conference Room #3 5. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty~ight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 25, 2009 Convened: 9:00 a.m. Adjourned: 10:20 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, Michael Brillhart, Economic and Strategic Development Director, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Jim David, Mosquito Control Director, Richard Bouchard, Erosion Director, Millie Delgado- Feliciano, Deputy Clerk 1. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 18, 2009 meeting. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the minutes of the meeting held August 18, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Gloria Battle of the Census Bureau on the 2010'Census Update and the local Complete Count Committee B. Resolution No. 09-252 It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve'Resolution No. 09-252, A resolution recognizing St. Lucie County's agreement to be one of 39,000'Governmental Entities in partnership with the U.S. Census Bureau in 2010 to form a Complete Count Committee for the Decennial Census, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Grande, to approve the Consent Agenda as Amended (item 6-C1 attachment A section III # 13, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 47 The Board approved Warrant List No. 47. 1 08/21/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT •LIST #47- 15-AUG-2009 TO 21-AUG-200-9 FUND SUMMARY FUND TITLE EXPENSES - PAYROLL 001 General Fund 287, 718.'78 • 603, 623.29 001164 USDOJ Violence Against Women Grant 25,357.97 0.00 001184 CDBG 07 92.44 1,242.41 001188. Section 112/MPO/Fhwa/Planning 2007 827.63 11,204.58 001194 U.S. Dept of Housing & Community 20.16 266.27 001436 INTACT Inspired Network to Achieve 800.65 1,157.60 001500 FDEM Emergency Mgmt Performance 36.'82 508.08 001501 CSBG 200;8-2009 Dept of Health and H 4,601.',85 2,969.81 001505 FDCA Emerg. Mgmt Prep & Assist FY09 6,112.''82 0.00 101 Transportation Trust Fund 11,773.,71 38,631.77 101002 Transportation Trust/80o Constitut 17,665.21 46,661.07 101003 Transportation Trust/Local Option 4,980.180 23,000.51 101004 Transportation Trust/County Fuel Tx 4,264.110 17,542.35 101006 Transportation Trust/Impact Fees 2,682.97 0.00 102 Unincorporated Services Fund 33,103.'77 77,445.03 102001 Drainage Maintenance MSTU 16,585.'65 5,555.78 102809 Paradise Park Phase 2 SFWMD 1,010.!00 0.00 107 Fine & Forfeiture Fund 553,152.94 144,768.64 107001 Fine & Forfeiture Fund-Wireless Sur 4,723.32 1,113.60 107002 Fine & Forfeiture Fund-E911 Surchar 19,823..84 1,113.60 107003 Fine & Forfeiture Fund-800 Mhz Oper 8,916.154 0.00 107005 F&F Fund-Legal Aid 8,627.75 0.00 107006 F&F Fund-Court Related Technology 20,189.33 8,736.95 107205 Juvenile Justice & Delinquency Prev 458.85 2,076.00 107206 FDCF Criminal Justice, Mental Healt 611.05 0.00 109 Drug Abuse Fund 35.00 0.00 121 Blakely Subdivision Fund 99.36 0.00 130 SLC Public Transit MSTU 161.39 2,176.18 140 Airport Fund 5,076.25 14,841.82 140001 Port Fund 148.'80 0.00 150 Impact Fee Collections 115.00 1,523.20 160 Plan Maintenance RAD Fund 253.58 3,351.26 183 Ct Administrator-19th Judicial Cir 4,542.86 3,009.49 183004 Ct Admin.- Teen Court 449.',65 5,404.72 183006 Guardian Ad Litem Fund 1,388.13 0.00 185009 FHFA SHIP 2007/2008 151.03 2,163.26 _ 1 A9l n(1 Hnma ("nn~nrt i iim l n~ ~l 1 '~4(1 (1Q 189201 FHFC Hurricane Housing Recovery Pla 1,067.13 3,411.80 310002 Impact Fees-Parks 294,909.70 0.00 310205 FDEP/FRDAP MLK/Dreamland Park 44,267.86 0.00 310806 FIND-S. Causeway Island Park Imp 36,721.07 0.00 316 County Capital .9,800.68 0.00 316202 Summerlin Boat Dock 19,750.00 0.00 318 County Capital-Transportation Bond 10,475.0 0.00 318102 FHWA Angle Rd Sidewalk & Signalizat 2,272.00 0.00 382 Environmental Land Capital Fund 190.12 0.00 401 Sanitary Landfill Fund 162,800.51 57,393.86 418 Golf Course Fund 21,098.20 21,567.14 08/21/09 ST. LUCIE COUNTY - BOARD PAGE ; FZABWARR WARRANT LIST #47- 15-AUG-2009 TO 21-AUG-2009 FUND SUMMARY FUND TITLE EXPENSES - PAYROLL 451 S. Hutchinson Utilities Fund 10,552.43 ~ 3,269.15 458 SH Util-Renewal & Replacement Fund 39!16 529.39 461 Sports Complex Fund 39,524:74 18,618.40 471 ~ No County Utility District-Operatin 121,187!29 7,689.75 478 No Cty Util Dist-Renewal & Replace 96:28 1,304.30 479 No Cty Util Dist-Capital Facilities 16,501!56 1,481.04 491 Building Code Fund 5,207.79 33,425.62 505 Health Insurance Fund 183,419.92 2,354.79 611 Tourist Development Trust-Adv Fund 226.97 2,001.06 665 SLC Art in Public Places Trust Fund 35,430,00 0.00 801 Bank Fund 212,987''.06 0.00 GRAND TOTAL: 2,275,187:98 1,174,473.57 B. COUNTY ATTORNEY 1. John Franklin Settlement Proposal The Board approved the denial of the John Franklin Settlement Proposal presented by Richard L. Brown, Esq. 2. Authorization to enter into an Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Frank and Lois Zarbo and Clyde and Deanna Decker and the signing of the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED 3. Request to approve a Contractual Rate Agreement with ;United for Families, Inc. (UFF) for drug testing services received at the St. Lucie',County Drug Screening Lab for FY 2009-2012. The Board approved the Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. 4. Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk ~f Court The Board approved the attached Affidavit of Publication be filed and recorded in the Board minutes. 5. St. Lucie County International Airport -Interlocal Agreement with Sheriff for Airport Facilities and Security Services. The Board approved the proposed Interlocal Agreement with the Sheriff, and authorized the Chair to sign the Agreement. 6. Approve Budget Amendment Request to utilize Contingency Funds in the amount of $50,567.00 with a plan to repay these funds in FY 09/10. The Board approved to allow the lab to utilize contingency funds ($50,567.00) from this budget and allow the lab to refund the "borrowed" contingency funds in next year's budget (09/10) and further approved the attached Budget Amendment BA09-035, which will allow the lab to pay for chemicals and contracted personnel costs. C. ADMINISTRATION 1. Advisory Board Procedures The Board approved Resolution No. 09-241 adopting operational procedures for advisory boards as provided in Attachments A as amended and 6 of the agenda memorandum. 2. Media Relations Policy The Board approved Resolution No. 09-229 and the Media Relations Policy as shown in Attachment A and authorized the Chair to sign the resolution. 2 D. SOLID WASTE 1. Board approval of Equipment Request EQ09-041 and Budget Amendment BA09- 034. Additionally, request Board authorization to purchase a Dingo Compact Utility Loader from Kelly Tractor for a total purchase pace of $10,500. (State Contract #212-515-630-M) The Board approved Equipment Request EQ09-41 and Budget Amendment BA09- 034. Additionally, Board authorized the purchase of a Dingo Compact Utility Loader from Kelly Tractor for a total purchase price of $101,500. 2. Termination of October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for leachate disposal at the Glades Road Landfill. The Board authorized to terminate the October 25, 1994 Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority and authorized the Chair to sign documents as approved by the County Attorney. E. COMMUNITY SERVICES 1. Budget Resolution and Equipment Request for the INTACT contract The Board approved Budget Resolution No. 09-238, Equipment Request EQ09- 238, and Equipment Request EQ09-040 and authorized the Chair to sign the documents as approved by the County Attorney. 2. HUD Housing Counseling Provider Application and Housing Counseling Plan The Board approved Resolution No. 09-239 authorizing the Community Services Department to administer housing counseling activities, approval of the Housing Counseling Plan, and authorized the Chair to sign documents as approved by the County Attomey. 3. U.S. Department of Agriculture (USDA) Rural Housing Services for the Rural Community Development Initiative (RCDI) Application. The Board approved the submittal of an application for the Rural Community Development Initiative, and authorized the Chair to sign documents as approved by the County Attorney. 4. Equipment Request EQ09-042 The Board approved Equipment Request EQ09-042 and authorized the Chair to sign documents as approved by the County Attorney. F. SHERIFF'S OFFICE Permission to accept the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program -Local Solicitation Grant. The Board approved accepting the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program-Local Solicitation Grant (2009-SB-69-3137) in the amount of $479,113. Budget Resolution No. 09-246. G. GRANTS 1. Phase 2, Taylor Creek Dredging and Restoration -Grant Application 3 The Board authorized the submittal of a grant application to the Florida Seaport Transportation and Economic Development Council for Phase 2, Taylor Creek Dredging and Restoration. 2. Extension of Art of Public Places Contract, Lakewood Park Sculpture The Board approved the First Amendment to the Art in' Public Places Contract C08-11-550 to allow for atwo-month time extension for the Lakewood Park sculpture. 3. St. Lucie County International Airport, Travel Survey and Marketing Strategy - Grant Application ' The Board approved the submittal of a grant application to the U.S. Department of Transportation, Office of Aviation Assistance, and Small Community Air Service Development for travel survey and marketing strategy, if indicated. 4. Project Can Do - Letter of Intent and Resolution The Board approved Resolution 09-233 recommending ;that Project Can Do be approved as a qualified target industry business pursuant to Section 288.106, Florida Statutes; providing an appropriation of $128,OOOi as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. Also, Board authorized the County Administrator send a Letter of Intent to offer Project Can Do: (1) An Impact Fee Mitigation phased over three years subject to Project Can Do making an approximate capital investment of $27,OOd,000 in St. Lucie County and employing 160 persons at an average annual wage of $60,000 (Estimated Value = $128,400), (2) An Ad Valorem Tax Abatement phased over ten 'years subject to Board approval at a public hearing, Project Can Do making an approximate capital investment of $27,00,000 in St. Lucie County and Project Can Do employing 160 persons at an average annual wage of $60,00 (Estimated Value = $1,113,750). H. COURT ADMINISTRATION Request approval for usage of Court Innovations Funds The Board approved Budget Resolution No 09-244 Budget and Amendment No. 09-036 to fund Civil Citation and other juvenile diversion efforts in the 19~ Judicial Circuit. St. Lucie County's share would be $1,762 for September 2009, Indian River County has approved $863 for September 2009, Martin County has approved $900 for September 2009, and Okeechobee County has approved $225 for September 2009 (copies of approvals attached). I. MANAGEMENT AND BUDGET Green collar consortium The Board approved Budget Resolution No. 09-242 to establish the Fiscal Year 200812009 budget for the donation from West Palm Beach Sheet Metal so it can be refunded to the Green Collar Consortium. J. PUBLIC WORKS 1. Indian River Estates Pump Station Alum 4 The Board approved changing the funding source from the Grant account fund number to the Stormwater MSTU account fund number ,for Indian River Estates Pump Station Alum Facility construction contract. 2. Lakewood Park Phase 1 The Board approved Change Order No. 1 with American Engineering and Development Corp. in the amount of $16,871 for Lakewood Park Phase 1 canal control structures, and authorized the Chair to sign contract documents as approved by the County Attorney. K. PARKS AND RECREATION 1. Interlocal Agreement with School Board of St. Lucie County for use of Lawnwood and South County Regional Stadiums The Board approved the Interlocal Agreement with the School Board of St. Lucie County for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum, and authorized the Chair to sign documents as approved by the County Attorney. 2. First Amendment to Donation Agreement with SLG Fair Association for Fairgrounds Wastewater Treatment Plant Expansion The Board approved the first amendment to the Donation ;Agreement with the SLC Fair Association extending contract C07-04-307 one year as drafted by the County Attorney and authorized the Chair to sign. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for August 25, 2009. REGULAR AGENDA VIII. BOARD OF COUNTY COMMISSIONERS The Commissioners gave updates on the various Boards/Committees XI. ADDITION COUNTY ATTORNEY FPL Energy Secure Line (Natural Gas Pipeline) -Permission to advertise- project information meeting. Consider staff recommendation to grant permission to advertise public information meeting on FPL's proposed natural gas pipeline in late September 2009. It was moved by Com. Grande, seconded by Com. Craft, to grant permission to advertise a public information meeting on FPL's proposed natural gas pipeline in late September 2009, and; upon roll call, motion carried unanimously. 5 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 6 08/28/09 ST_ LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #48- 22-AUG-2009 TO 28-AUG-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 124,223.91 0.00 001113 CDBG Supp Disaster Recovery Subgran 900.00 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 151.93 0.00 001436 INTACT Inspired Network to Achieve 813.47 0.00 001439 E911-Old EOC Network Access Server 12,578.00 0.00 001501 CSBG 2008-2009 Dept of Health and H 777.27 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 3,184.22 0.00 101 Transportation Trust Fund 2,451.86 0.00 101002 Transportation Trust/80% Constitut 30,085.82 0.00 101003 Transportation Trust/Local Option 3,765.94 0.00 101004 Transportation Trust/County Fuel Tx 9,012.39 0.00 101006 Transportation Trust/Impact Fees 33,700.33 0.00 101219 FDOT-Traffic Control Signal System 18,300.00 0.00 102 Unincorporated Services Fund 1,298.58 0.00 102001 Drainage Maintenance MSTU 9,771.09 0.00 102809 Paradise Park Phase 2 SFWMD 3,364.00 0.00 107 Fine & Forfeiture Fund 13,569.15 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 246.00 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 1,110.37 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,826.97 0.00 107006 F&F Fund-Court Related Technology 419.67 0.00 107205 Juvenile Justice & Delinquency Prev 600.00 0.00 107206 FDCF Criminal Justice, Mental Healt 25,559.67 0.00 112 River Park II Fund 600.56 0.00 113 Harmony Heights 3 Fund 235.38 0.00 114 Harmony Heights 4 Fund 513.70 0.00 116 Sunland Gardens Fund 574.07 0.00 117 Sunrise Park Fund 142.96 0.00 119 Holiday Pines Fund 888.52 0.00 120 The Grove Fund 177.61 0.00 122 Indian River Estates Fund 1,023.03 0.00 123 Queens Cove Lighting Dist#13 Fund 362.52 0.00 126 Southern Oak Estates Lighting 123.76 0.00 127 Pine Hollow Street Lighting MSTU 373.54 0.00 128 Kings Hwy Industrial Park Lighting 499.55 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,745.74 0.00 138 Palm Lake Gardens MSTU Fund 257.06 0.00 139 Palm Grove Fund 751.80 0.00 140 Airport Fund 3,123.13 0.00 140135 FAA Security Fencing & Runway 9L/27 288,583.42 0.00 140335 Parallel Runway Design-9L/27R 15,188.60 0.00 140346 US Customs & Border Protection Faci 10,108.32 0.00 140348 Taxiway Shoulders & Drainage 18,315.79 0.00 140352 Upgrade the Electrical Vault 20,428.70 0.00 140356 FDOT Airport Master Plan Update 6,291.94 0.00 140358 FDOT Update Master Drainage Plan 18,367.31 0.00 140359 FDOT Environmental Mitigation 2,068.47 0.00 150 Impact Fee Collections 189.00 0.00 08/28/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #48- 22-AUG-2009 TO 28-AUG-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183 Ct Administrator-19th Judicial Cir 5,922.44 0.00 183001 Ct Administrator-Arbitration/Mediat 120.00 0.00 183004 Ct Admin.- Teen Court 155.06 0.00 183006 Guardian Ad Litem Fund 453.02 0.00 189100 Home Consortium 10,895.00 0.00 189201 FHFC Hurricane Housing Recovery Pla 3,045.31 0.00 310205 FDEP/FRDAP MLK/Dreamland Park 2,329.89 0.00 316 County Capital 49,809.00 0.00 316202 Summerlin Boat Dock 33,480.00 0.00 39007 Indian River Estates MSBU 375,172.21 0.00 401 Sanitary Landfill Fund 81,012.50 0.00 418 Golf Course Fund 3,106.77 0.00 451 S. Hutchinson Utilities Fund 1,214.89 0.00 461 Sports Complex Fund 12,178.12 0.00 471 No County Utility District-Operatin 4,151.36 0.00 491 Building Code Fund 3,038.54 0.00 505 Health Insurance Fund 411,539.07 1,633.70 505001 Property/Casualty Insurance Fund 7,409.05 0.00 611 Tourist Development Trust-Adv Fund 67.74 0.00 625 Law Library 7,197.75 0.00 665 SLC Art in Public Places Trust Fund 2,317.58 0.00 801 Bank Fund 41,220.30 0.00 GRAND TOTAL: 1,745,480.72 1,633.70 f7` AGENDA REQUEST ~ ~ - ITEM NO. VI.B.1 ~ DATE: September 1, 2009 ' ~ ~ ~ REGULAR Q PUBLIC HEARING Q CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin SUBJECT: Approval of Budget Resolution No. 09-235 allowing the County to budget second year grant funds from the State of Florida (Criminal Justice, Mental Health and Reinvestment Grant). BACKGROUND: Please see attached Memorandum and Resolution No. 09-235 FUNDS AVAIL: The funds will be made available in the appropriation accounts as identified in the Budget Resolution no. 09-235. State awarded a total of $688,572 to the County over three years with $226,236.40 of the total grant amount in the current or second year. PREVIOUS ACTION: In 2008, the Board approved the first year grant award of $229,524,524. RECOMMENDATION: Staff recommends approval of Budget Resolution No. 09-235 to budget the funds from the State Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. COMMISSION ACTION: CONCURRENCE: j~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Si nature t~- County Attorney:_X Management 8 Budget X ~ ~ ? ~ .Purchasing: Originating Departmen : • '-Other: Other: ~ ~ Finance: Check for copy only, if applicabl~X ~ tom. ~ _ ~,j _ INTER-OFFICE MEMORANDUM ~ , ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-1044 DATE: September 1, 2009 SUBJECT: Recognize Second year revenue from the State Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant BACKGROUND: The Legislature created the Criminal Justice Mental Health Reinvestment Grant Program (Grant Program). The Grant Program was created for the purpose of providing funding to counties so that they can plan, implement or expand initiatives to address the issues of citizens who have mental illness and/or substance abuse disorder and who are in or at risk of entering the criminal justice system. St. Lucie County won the award of $688,572 over three years with $229,524 of that total grant for the first year. The County had to provide an in-kind match of office space, supplies, drug testing, staff time, computer access, and the total in-kind amount over three years will be $1,087,929. This in-kind match also includes salaries from the Sheriff and Public Defender staff. The grant is now entering it's second year and the County has been awarded $226,236.40. Recommendation /Conclusion: Staff recommends that the Board approve Budget Resolution No. 09-235 allowing the County to recognize this revenue, and to budget the funds from the State (Criminal Justice Mental Health and Substance Abuse Reinvestment Grant). ti RESOLUTION NO. 09-235 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Mental Health and Substance Abuse Reinvestment Grant for $226,236.40. This funding is the second-year installment of a three-year $688,572 grant from the Department of Children and Families. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 1~ day of September, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 107206-2360-334205-200 Department of Children and Families $226,237 APPROPRIATIONS 107206-2360-534000-200 Other Contractual Services $162,111 107206-2360-540000-200 Travel $ 23,233 107206-2360-544100-200 Equipment Rental $ 2,200 107206-2360-551200-200 Equipment < $1000 $ 4,376 107206-2360-599330-200 Project Reserve $ 34,317 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 15t DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ • DE SSRrnninr~-r o~ ~F~ OR EDA S 4- 7 7 212 3 REMITTANCE ADl/iCE FLAIA ACCOUNT CORE OLO SITE DOCUMENT NUMBER OBJECT pq~ bO-101000326-60910502-00-10003000 600000 30 H9O00075575 7900 Ob/22/09 14341 PAYMENT AMOUNT $ 226,235.40 t„ tt,J„tt,t„t„t,~,t.t,t,L,tL,„tt,,,l,ttl,~,tt,,,t„Lt ST. L UC l E COUNTY BOARD OF AGENCY DOCUMENT NO COUNTY COliMJ5510NER5 YU09523 2300 VIRGINIA AVENUE FORT PIERCE FL 34982 PLEASE DIRECT' QUESTIONS TO: (850) 488-0801, DCF -CENTRAL FISCAL DFFICE VENDORS NOMI CAN VIEU1 PAYMENT INFDRMATION AT FfTTP://FLAIR.D9F.STATE.FL.US INVOICE NUMBER AMOUNT LIiZ 110809 S 226 , 236 40 ~`.~aC ,07~0~ -pcac~ a - ,~Z23vo v --vua - OETACH CAREFULLY AND RETAIN FOR YOUR FECOADS BEFOAE CASHING OR DEPOSITING THE WAARANT FLORIDA +Fkr~Iti ~CDUI~ ,~,°a': : Ti. r. . ' _ . • , _ - ~ - _ t:r.~.DA'IE wAREiANT NQ 63-1012 un~,.w.rQ 80 101Q00326-'~08iG5p2 ~ ,~tb~~2J09 84 1~j34410-0 esz S r' 7 . FINANCtAt~ oLa 60oRD0; s1TE ~3D~''• ~ ~ .epr:_.•~,:~. SERYlCES r . ~.f . ~ • • • - r- • - • -r .:'•t~~'Y VO74 ' 72 MONTHS TWO-NUNDRED~TWENTI~ St~X THQUSAIV~ - N ~ ~Q~i: g . s ' --jy .:fT•4~'4 'Ti~.i41.~ _ 1.711. +j1 . ~ - y ~4t~qN~y ~7rGV ~Q. ' - r"; + S.~tssx~~~~~ s ? ~ ua~i. f ys? , i.(q± i. ti? ~ r r ~ w• MARRAN'r i v 1 _.rytiy.F .a cfi t 1 THE _ - - - r r - rs;. I" r e . ~ ~ ~ - ~ - ~ ~•F.~ ~ iDER OF ST. LUC ! E CO[JNTY SOARD~201~' ~ ~ s . . • . ~~r, r~ , T~,.i]~1i1~ OF T~EASf1RY COUNTY' COlftrl~ 5S-LONERS ~ A ~ f r _ s3i+r.~,~r ~ ! - - 2300 V 1 RG I N f A -AVENUE ~ ' : ~ ~ `I ~ ~~,~z' TAL SSEE FORT PIERCE FL '34982 r j+~-+? Q? a + =y:~~ , . 1 - t„tt„t„tt,t+,t„~.,,r,t,t,t„It,,,7t,,,t,t~t,~~tt~., _ ~w_ ALEX"•81[x,".CHlEF.FINANCiAL OFFICER AGENDA REQUEST ITEM NO. VI-B-2 _ DATE:`September 1, 2009 S~ ~ = i REGULAR ~ r PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Termination and Waiver of Road Agreement and Intersection Agreement - Sunnyland Farms, LLC BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Termination and Waiver Agreement and authorize the Chair to sign the Agreement. COMMISSION ACTION: CONCURRENCE: p~] APPROVED [ ]DENIED _ [ ]OTHER: - - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ii~ Management & Budget Purchasing: Daniel 5. AilcIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • • r TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C. A . NO.: 09-1044 DATE: August 20, 2009 SUBJECT: Termination and Waiver of Road Agreement and Intersection Agreement -Sunnyland Farms, LLC ***x*******************~**~******************************************x~*****~****** BACKGROUND: Attached to this memorandum are copies of letters dated August 12, 2009, March 25, 2009 and January 9, 2009 from Daniel B. Harrell, Esquire, representing Sunnyland Farms, LLC. As indicated in Mr. Hnrrell's letters, Sunnyland desires to terminate the September 12, 2006, Intersection Design Funding Agreement and the March 21, 2006, Rond Contribution and Construction Agreement. Final planned unit development approval for the Sunnyland Farms PUD expired on March 21, 2009. Staff has been concerned that a recent change in state law as outlined in Section 14 of Chapter 2009-96, Laws of Florida (senate Bill 360) might operate to extend and renew the Sunnyland Farms PUD approval. Sunnyland has addressed this concern by drafting and signing a Termination and Waiver Agreement where Sunnyland agrees to waive any and all rights to seek an extension under Chapter 2009-96. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Termination and Waiver Agreement and authorize the Chair to sign the Agreement. Respec''~ully submitted.. i^ - Daniel 5. McIntyre , County Attorney DSM/cnf Attachments Law OIIices of GONANO 8~ HARR]ELL A PARTNCRSHIP Of PROFESSIONAL ASSOCIATIONS ATTORNEYS AND COUNSELORS AT LAw RIVERSIDE NATIONAL BANK BUILDING DANIEL B, HARRELL DOUGLAS E. GONANO 1600 South Fedcrni Hightimy, Suite 200 email: dharrel!@gh-law_com Board Certified Real Estate Lawyer Fort Pierce, Florida 3490-5194 email: dgonano c~gh-law.cotn Telephone (773} 464 - 1032 MOLLY L. ROTTtNGHAUS Facsimile (772) 464 - 0282 email: mrottiaghaus c?gh-la4v.com VIA ELECTRONIC TRANSNIISSION AND HAND DIJLIVERY March 25, 2009 Mr. Danie15. McIntyre, Esq. St Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Intersection Design Funding Agreement between St. Lucie County and Sunnyland Farms, LLC, dated September 12, 2006 Our File No. 1647-002 Dear Dan: This is afollow-up to my letter dated January 9, 2009 (copy enclosed foryour convenience), requesting, on helzalf Gf Sunnyland Farms, LLC, termination of the above Intersection Design Funding Agreement ("Intersection Agreement") between the County and Developer, together with termination of the March 21, 2046, Road Contribution and Construction Agreement ("Road Agreement") from which it flows. Please note that the final planned unit development approval for the Sunnyland Farms PUD, which approval established the conditions addressed by the Intersection and Road Agreements, expired on March 2I, 2009, and is now of no further force or effect. For the reasons set forth in my letter of January 9, and in light of the recent expiration of the underlying PUD approval, I renew the Developer's request that the Intersection and Road Agreements be ternunated. Enclosed are duplicate originals ofan Agreed Termination, revised from that transmitted by my letter of January 9 to include recognition that PUD approval has now expired, Each has been executed on behalf of the Developer. I again also request that the original bond that secured the Intersection Agreement be returned to the Developer because bath parties' obligations have now lapsed. If the Agreed Termination is iu acceptable form and Lpproved and executed on behalf of the County, please return one fully-executed Griginal to nee for the records Gf the Developer. I wilt arrange for recording and will provide a copy to you with the recording information. Please also rehun to me the original bond that secured the Intersection Agreement. SUN 1647002 McIntyre 2d Term LTR.wpd Mr. Daniel S. McIntyre, Esq. March 25.2009 Page 2 Please contact me if you have any question, and thank you for your cooperation. S' cerely aniel B. Harrell DBH/mm Enclosures cc: Mr. Domenick Paparone Mr. Steven Neiberg 5UN 16470? McIntyre ?d Term LTR~~~pd Law Ofticcs of GONANO & ~-Ir~RRELL A PAR7NErtSHIP OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AND COUNSELORS AT LAW RIVERSIDENAT[ONAL BANK BUILDRvG DANIELB. HARRELL DOUGLAS E. GGNANO 1600 South Fedetat Highway, Suite 200 email: dharrell@gh-la~v.com Hoard Certified Rcal Estate Lawyer Fort Pierce, Florida 31450-5194 email: dgonano@gh-law.com Telephone (77?) 464 - 1032 MOLLY L. ROTTtNGHAl1S Facsimile (772) 46d - 0282 email: mrottinghausQgh-law.com VIA I±,LIrCTRO1VIC TRANSMISSION AND U.S. MAIL January 9, 2009 Mr. Darnel S. McIntyre, Esq. 51. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Intersection Design Funding Agreement between St. Lucie County and Sunnyland Farms, LLC, DATED September 12, 2006 Our File No. 1647-002 Dear Dan: As you know, the above Intersection Design Funding Agreement {"Intersection Agreement") bcrivicer, the County and Strrit-1yland Farn,~s, LLC, protrided that Intersection Design Invoices, each accompanied by an Engineer's Certificate (both terms used here as defined in the Intersection Agreement), were to be presented to the Developer on a monthly basis, and all were to be presented within 24 months of the effective date (September 12, 2006). See paragraph 2(b} of the Intersection Agreement (copy enclosed for your convenience). To date, the County has not presented to the Developer any Intersection Design Invoice or Engineer's Certificate. In late September 2008, the Developer did receive copies of certain invoices apparently paid by the County, but the Developer has not received an Engineer's Certificate with respect to any of the work, nor any measurable assurance that the County will fund and construct the improvements once it completes the design worlc. When the County's noncompliance with the requirements of the Intersection Agreement came to light, representatives far the Developer met with County staff to discuss whether reinstatement might be feasible. At this time, there do not appear to be mutually agreeable terms upon wluch County staff and the Developer's representatives could recommend to the respective pardes reinstatement of t31e Intersection Agreement, Under the circumstances, I request on behalf of the Developer that the Intersection Agreement, together with the March 21, 2006, Road Contribution and Construction Agreement ("Road Agreement") from which it flows, be terminated. A proposed form of Agreed Termination SUN 15=17002 Mclntyre Term LTR.wpd Mr. Daniel S. McIntyre, Esq. January 9, ?009 Page 2 is enclosed for your review. I also request that the original bond securing the Intersection Agreement be returned to the Developer because both parties obligations have now lapsed. Final enclosures, again for your convenience, are copies of the Road Agreement and the bond. Please contact me at your earliest convenience to discuss haw best to proceed, and thank you for your cooperation. 'ncesel ~f Daniei B. Harrell DBFI/mm Enclosures cc: Mr. Domeruck Paparone . Mr. Steven Neiberg Ivir. Daniel ti. Morgan, Board Safeguard Insurance Company SUN 1647063 Ivl~Inryre Term LTR.wpd Law Offices of GONANO & ~~~RRELL A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AND COUNSELORS AT LAW RIVERSIDE NATIONAL BANK BUILDING DANIEL B. HARRELL DOUGLAS E. GONANO (600 South Federal Highway, Suite 200 email: dhafrell@gh-law.com Hoard Certified Rcul Estate Lawyer Fort Pierce, Florida 349J0-S I94 email: dgonano@gli-Iaw.com Telephone (772) 464 - 1032 MOLLY L. ROTTMGHAUS Facsimile (772) 464 - 0282 email: mrottinghaus@gli-law.com VIA ELECTRONIC TRANSMISSION AND HAND DELIVERY August I2, 2009 Mr. Daniel S. McIntyre, Esq. St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Intersection Design Funding Agreement between St. Lucie County and Sunnyland Farms, LLC, dated September 12, 2006 Our File No. 1647-002 Dear Dan: Tlus is a follow-up to my letters dated January 9 and March 25, 2009 (copies enclosed for your conveluence), requesting, on behalf of Sunnvland Farms, LLC, termination of the above Intersection Design Funding Agreement ("Intersection Agreement"} between the County and Developer, together with termination of the March 21, 2006, Road Contribution and Construction Agreement ("Road Agreement") from which it flows. Copies of the Intersection and Road Agreements are also enclosed. As you are aware, the final planned unit development approval for the Sunnyland Farms PUD, which approval established the conditions addressed by the Intersection and Road Agreements, expired on March 21, 2009. For the reasons set forth in my letters of January 9 and March 25, I renew the Developer's request that the intersection and Road Agreements be terminated. You have expressed concern that Section I4 of the Community Renewal Act, Chapter 2009-96, Laws of Florida, might operate to extend and renew the SunnyIand Farms PUD approval, notwithstanding termination of the Intersection and Road Agreements. Also enclosed is an original form of termination of the two agreements that also incorporates (1) the parties' acknowledgment that the PUD approval has expired, and (2) the Developer's waiver of any and all rights to seek an extension under Chapter 2009-96. The Termination and Waiver has been executed on behalf of the Developer. If the Termination and Waiver is in acceptable form and approved and executed on behalf of the County, please date and return the fully-executed original io me for recording. Please also return to me for the records of the Developer the original bond that secured the Intersection SUN 1647002 McIntyre 3d Term LTRwpd Mr. Daniel S. Mchriyre, Esq. August 12, 2009 Page 2 Agreement. Following recording of the Termination and Waiver, I will return the original for the records of the County. Please contact me if you have any question, and di for your cooperation. mcerel , Daniel B. Harrell DBH/mm Enclosures cc: Mr. Domenick Paparone Mr. Steven Neiberg StJN 1b47002 iViclntyre 3d Term LTRwpd EDAIN M. FRY, Jr., CLERK OE THE CIRCUIT COURT - SASNT LQCZE COUNTY FSLE 4 2833519 OR BOOK 2535 PAGE 1962, Recorded 04/23/2005 at 04:15 PM 3/9~200ti ROAR CONTRIBUTION AND CONSTRUCTION AGREEM)rNT (Sunnylnnd Farms PUD) This Agreement is made and entered into this ~ dny of 2006, by and between ST. LUCIE COUNTY, n politicai subdivision of the State of Florida ("Comty'7, and SUTINYLAND FARM5, LLC, n Florida Iirnited liabr7r'ty company C'Devalaper'~. ItE S D A. Develop r is the owner of pp xitrw e1y 2?9 a f properly 1 cnt within 5t. uci County as more aru arty des be an 'b nttnched hereto d de n part b evelo is ro veloper propo eveiop Deve oiler rapcrry as a 4 -unr sang e-family residential project, the "Stumylaad Famrs PUD" ("Project'7, es more particularly shown on the proposed site plan attached hereto as Exhibit and made a part hereof ("PUD plan"). C. Whereas, the Project is to be tAastructed in three phases, to depicted on the phasing plan attached hereto as Exhibit "C" and made a pari hereof. D. In order to complete the Project, certain Road Improvements, es defined below, tmd intersection dcsigo are required. E. Developer proposes to dedicate a portions of the right-of--way necessary far the Road grove C un is gal entity nsible or a co a m ' to enc of the oa Iatprovemrn d res alI parti to an agreem t t insrtre a ns ction of oad Impravemeots n mpiiaace wi th prov' 'o s A eemenL •~IVO~i~cE O for apn co Lion of these prernis s, a muntaI un \ g~ con tion con and ere receipt end rcirncy o which arch ackno dged,the vela dthe covenant ws: I. Recitnls The recitals contained hereinabove are trite and correct turd are iacorpotated herein by reference. 2. Developer's Right-of-~'Vay Conveyance The Developer shall dedicate the right-of-wny necessary for the 5unnyland Drive portion of the Road Improvements, as shown in Exhibit "B" attached hereto and made a part hereof ("Deyela 'gbt-of--Way Co ce'~. This egtrirem Ube - p nI W ty Deed in a omr r tmab]y sa actory to the County ey of 5 Lu ie Coy w e r9as.ta D OR BOOK 2535 PAGE 1463 ("County Attamey'~, together with such evidence as may be reasonably requested by the County Attorney that the rights-af-way transferred to County are titled is County free and clear of a1I Liens, encumbrances and mrsoachmctrts. Impact fee credit shall be provided for this dedication pursuant to the County's Raad Impact Fee Ordinance fos non-site retried dedications. 3. Road Improvements o g consti oed Im 'ch sh er cop~ ct or ba ed in en emoun and nn acre tab to th County, rior to a cordin oC dertain ~ts, mo sped y t f rth ow. a. Prior to ec 'ng the plat for Phase 1 o j the De Loper either ct or post a bon fa the construe ' n f pav improvcm to Laidbec W y (Emetsan ve ue) Crom Sunny) d rive to as Av ue es a two-lane facilit} 'eluding the 'on of th 'gh d one oa ac at Orange A an t and leR lane on ack mat 5unn d Dri e, es shown ' Exhibit " "attached he to end made a p f, In the even~'tlic"Developer elects to post a bond, tha Developer shaE1 eater into the County's standard Subdivision hnprovement Agreement, which will require substantial completion of the Road Improvement within rivelve (12} months from the date of the Subdivision Improvement Agreement. Developer also shall post security for the estimated costs far the realignment of the aifsel SD' ughL-af-way roadway section to be consistent with the proposed 86' rordway section along Ltsidbnek Way. Said security sha1I be in a form acceptable to the County Attorney rod shall be posted prior to the issuance of the first building permit fur a dwelling unit, not including models. In the event the County is able to obtain the deficient right- af--way following canstruc6on of the Road Impmvemeats by Developer, the Cormty may use the security pasted by Developer to construct the realignment, and Developer shall have no financial oblige' a rmo ecurity. a-ea+ent-th~c the deve ped-I ds fro ring the 50' righ f-w ats os far d aloptaent foJlo g oa Laid k VS y evelo r. t e oun wtl2 se to uire c evelo s) f su a et dev toped 1 to pay for i t costs de 'b here a f the Co ry sue airing e • o 'tment from oth to eer the teak t co e-Ce s 1 then re ase veloger's ost d security. Impa fee credit shall gr led or the co ctiaa of thes im rovements, ,-se, t to the Co 's Impact F 0 'non far non-site related improv me ts. b. Prio o recd ' g the pl ar P e I of the oject, the eta er sha either construct or post a bond for the consUvction of a two-Lana facility ]mown as $unnylaod Drive from I.aidback Way fmm the east through the development property west io a point where Surmyland Drive intersects with the phasing Iine for Phase III, as shown an Exhibit "C" attached hereto and made a part hereof. Right rum Lanes shall be provided on Sunnyland Drive at Champions Drive and Colts Run, and a right tam lane shat! be provided info the Recreation Pnrce! on Surmyland Drive. In the event the Developer elects to post a bond, the Developer shall enter into the County's standard Subdivision Improvement Agreement, which will require substantial completion of the Road Improvement within twelve (l2) months from the date of the Subdivision Improvement Agreement. Impact fee credit shall be granted for the construction of these improvements pursuant to the County's Rond Impact Fee Ordinance foe non-site related improv . ~D N e 8 79x3.10 OR HOOIt 2535 PAGE 1464 c Prior io recording the plat for Phase I of the project, the Developer shall past a bond nod enter into a Subdivision improvement Agreement to design, permit and cottstrua the remaining portion of Sttnnylnad Drive to be constructed as part of Phase III of the Project The bond shell remain in effect until construction is complete. In the event that the Developer conveys a portion of the Project to the St. Lucie County School District for proposes of a school site, the Developer shall construct as a two-lane facility Surtnyland Drive boon the phasing line of Phase III to a point at the property line of the Project in an alignment provided to the Dave Lucie C taiTy3t:ht~o1 Distri y nun an y po on of a bo r the ns 'on fSa\wry hod D ' re ' ' s b Ices an to e D eloper. , h we er, a St. Lu ' Can ty S ao Distri 's able s ful obtain co 'tmeni o er evelopers to the r eni sts of S I D ' e to the 0 of the Sunnylan F s property the the a pa n of the e b ad for the n ction of Sunny an Drive shall be appli d t nstructian of lba portion of uaa and Drive }v ch g as located th Sutmyl d arms Property, and en un ed portion o e b~nd-shati"bey~ttrn~ to sve] r. o d e Lucie Cotm a ooI Bo detect not e a 'eb of the t f schonl te-4},iua , 2008, W e-Bead er shall construct as a two-lane focility the remaining portion of Stmnyland Drive west through Phase IIl of the development property to Old FFA Road, as shown oo Exhibit "B" attached hereto and made a part hereof. d. Prior to recording the plat for Phase III of the Project, the Developer shall canstntet a two-lane facility for Old FFA Read from Srmnyland Drive~norih to the south right-of- way line of the North St Lucie River Water Control District Canal No. 43 as shown on F.xhibil 'B" attached hereto and made a part baeoE Impact fee credit shall be granted for the caastnrclion of these improvements, pursuant to the Ctnmty's Road Impact Fee Ordinance for non-site related improveareots. Prior to tine recording of the Plat for Phase I, the Developer shall post~r ,6ond;~n ter into u ' 'oa Dev ant, ' as o nn ace tabl a Cou ry f the eti of O d a e. ho er, D eloper nv s po on of Pr 'act t Ur SL Lu 'e o Sc of is rat for es of a sch sit , tls Developer 1 of be req iced to ons ct ce roan of Jd A Road finer S yl d Drive no to the s uttt -of-w line ofth No St Lucie 've Wntcr Control Di Canal No. 4 , any on constmctlon o OI FFA Raad s 1 released a the De top Ho ev , in the event that the S L cie County S of let ucc y o a ommimrent om other d velapers to ar the reali t co Swmy the no gland F an the bond for the construction of OId FAA Road shalt be applied to the construction of the realigned Sunnyland Drive, end any unused portion of the bond shall be returned to the Developer. 4. Road Improvement Coatributioas . a. The Developer shat! design, permit anti obtain cost estimates for the construction of the tiltimate intersection improvements al Kings Highway and Otaaga Avenue. The improvements to be designed and permiried will include reconstruction of the existing two-lane roadways approaching the intersection to four-lase divided Cuban sections. The limits of the design and permitting shalt be to provide the ultimate four-cane section through the end o! the associa pets for to four-! men c ti or en h lag the ' action. The esi a 'cling 1 in ere to fro the - 3 es rs.ia OR l30dK 2535 PAGE 1465 lane design to match existiag travel Ianes. The north leg of the intersection shall provide the ultimate four-]me section to just north of the northern access point far the Flying "J" Tnrck Stop. Tbc project wit! include the desiga of detention ponds and the dererminadon of additional right- of-tvayoeeds to complete the Project. 'Ihe design and permitting limits for the Project shall be os follows: • 2,0001' eturf • S g: 1? tin t • West I:e - I 0 'ear feet D East Leg: 3 0 li ear feet The contract for the esign, p trio and ost shall be lot an a ty in the o f of I l d p t o the ntract poste wi the County wirltin o h dyed eighty (I J da al pp al o s A came 7be de work permitting or the inters e substaa~ly~atn~ted by December t3 jeer [o permitting by regulatory autltoritirs other than the County. Impact fee credit steal! be granted for the costs of these designs and permitting and cost estimates pursuant to the County's Road Impact Fee Ordinance. b. Prior to recording the plat for Phase II of the Project, the Develops shall conduct a signal warrant study at the intersection of Rock Road and Ornrrge Avenue. if the warrant study determines that a signal is warranted, the Developer shall design and construct the signalizatiaa improvements at the Orange Avenue and Rock Road intersection ("Signalization'~. The Developer shall be granted impact fee coedit !or these improvements pursuant to the County's Road Impact Fee Ordwanre. 5. R patLsrbili es . a. Imp en The Rua prov a is shall inc ude al co o t pats e ~ including the ri t - f-way uaderl ' same era urteaan ass wn upon e proved plans for a onsavction F Ro Imorov ts. Couary s I provide all n ces ri f;~rtrof- cep for the 17 e1 er`s gh of-VJay Conveyance a right-of- wa for D ve 'thin aJec nun b. esiga Developer cause its professional engineers, registered in the State of Florida, to design the Road Lsrpravements and, if warranted by the wartnac study, the Signali~tion in accordance with all opplicable regulations, standards and specifications. Such design plans shall be fully subject to the approval of the County Eagirreer and shall conform in ail respects to the wtittea criteria of the County gaveming road construction, ultimately to 6e accepted by County far ownership, operation and maintenance. County approval shall not be unreasonably withheld. Couary reserves the right to charge reasonable fees commenstuate with the costs to County of reviewing such engineering plans anti finrdshing m Developer's engineer information regarding smote. AlI such.plturs shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Road Improvements and Sign t shall s fans an nts vc er' engine 4 D W B 83 95110 OR 600K 2535 PAGE 1466 in nn expeditious manner. (The design plans, once approved, are hereinafter referred to as the "APProved Plans.") c. Canstructioa. Developer wr~l construct the Road ]mprovements and, if warranted by the warrant study, the Sigaalization is accordance with the Approved Plans utilizing n licensed general contractor. The form of the contract for emrsttvctian shall be a standard AIA farm. The contract will provide that the Contractor shall provide a public construclion bond in accord lion 255. o:~ a 5tatut only-sh have se-righ to r of th oad Irrr rovem nts the aft 'on, to cause thel 's a ~in to c uct t is a, co rogrrss to sure a ty that a oad pr v is d the i li7ation are c in acco ce 'th th A roved 1 and er asistent ' the criteria and sp ci atioru gove g the 't d-l.rnd construe 'on. requested y e County, the De ale er's engineer of ccard and/or th tmty's eagin authorized r sp or chap be ese t a all tests rtai ' g to the Road Improvements d S t~alizatian. un the ri to ar~aa 'spec ' fe exceed I° the c of the co ction of hnpro etas lire Sig only reserv t~rye..zighu charge Developer a applicable permit fee Far road eonstrucdon and recording costs. d. Conveyance. The Developer shall, within thirty (30) days following rnmpletion of construction of the Road haprovements and acceptazrce of those improvements by the County Ertgiaeer, convey to the County the Devtleper's Right-of--Way Conveyance, cad shall past a maiateaaace bond in the amount of 15% of the cost of the improvements for a period of one (1) year and therty (34) days from the date of acceptance of the Road Improvements by the County. Such eooveyance shall be by Special Wan•anty Deed is a form reasonably satisfactory to the County Artomcy, together with such evidence as may be reasonably requested by the County Attorney first the rights-ofway irsnsfetred to County arr tided to County $ee and clear of all liens, comb and ea Su all b with to Ca ty. To the t y portion f e Ro prove nts ore p so pr rty of ev oper, Developer s al] onvey such na] p pe oun by Br71 f Sal m a forth t as bly satisfactory to Cotmty rte ey, gather such avid a may be aso ably rcquc^te by e ty Alto ey !h ri t-of--way trarufcrrcd to ~o y is titled to ount~free arr cl o nU c ran d hmears. S nv shall be ra a t~~thout c to the ty. e. Costs. Developer shall arainlaia accurate cast records of aU professional fees ('including Iegal, surveying, title, and engineering fees) cod all construcion and odrer costs reasonably relating to this Agreement, the Road Improvements, cad the Signalization (collectively, the "Costs The Costs shall include reimbursements to the County for plan review fees, inspection Cees, permit fees and similar reimbursements tinder this Agreement. T}re Costs shell be furnished to the County contempornneousty with, cad as prerequisite for, the acceptance by County of the Rand Impravemetrts. f. Cnnstructien of the Raad Improvements shall commence within ninety {90) days of the a of the design I or the R cavem~is, ~ d deve meat petmtt f r the ject b Co , w chever approval o last, s 1 proc d 5 D w se as.ro OR SOOIC 2535 PAGE 1467 diligently until completed. Said completion shall occur no !stet than eighteen (l8} months after commencement of construction; subject, however, to farce majeure siiuatiots as defined in this Agreement. g. "Forte Majeure" menus delays mused by sets outside Developer's control, including without limitation acts of nature, inability to obtain labor ar materials, iaclemen! weather, strikes or other delays in construction caused by matters not within the control of Devel . sad pa F Cr tb Pursuant to tb de of Ordin of S L~ ,Florida, the C nary shall o 'de to the Develo er dits ag ' Co ty ad impact f s (collective , " cad Impact ee redits") for non- sled Rand pr verve ts, a cations and Si tin, far which pa ee cred' ligS}}bt7t is c~ oy~I dge unde m ~ 3 and 4 of eft, up to the osts the Dev lbper ' in co lion 'th the Roa Impmveme is and 5i lzation, less as ce for trips gen y the development pursuant w the County's Impact Fee Ordinance. The Road Impact Fee Credit shall include the value of the land contrt'btued on the following basis: The greater of the following (f applicable): a 120°l0 of the value as assessed for ad valorem tax purposes by the Office of the Property Appraiser of St. Lucie County; or b. The value as determined by virNe of the Independent Property Appraisal, subject to the Re aired Property Review praise!, as provided b the applicable otdinaa f SL Loci ounty. If the De to oes t iastitut the valued A rocess ca empl ed a ve, the alu as provid o ve sball bl th fat mark va for c op to be edi led. \Any Road,lm n Fee~C` radii aymo ' cd by a card of Cotmry Comm ssi Hers for 5t. Lu a Ci~a~y-a~jl b don consr'31e~wi a rrements o Section I -33.1 of the de of Ordi for ucie Co 7. Concurrcacy A certificate of capacity has been issued for the Project- Pursuant to provision A.2 of Resolution OS-353 adopted an November 8, 2005, said certificate of capacity shop expire if this Agreement has sot bees executed within l 80 days of the adoptioA dale of Resolution OS-353. If the certiLcnte of capacity expires, the Developer shall reapply for and shall have received a certificate of capacity and shall have executed this Agreement prior to final PUD approval for the Project. e. s D a ° ee.to OR BOOK 2535 PAGE 1468 Until further written notice by either party to the other, all notices provided for herein shall be in writing and Uansmittcd by messenger, by mail or by tefefax md, if to the Developer, shall be mailed to Developer at: as to Developer. 5ruurylmd Farms, LLC 1 IODO Prosperity Forms Road, Snite 2OZ Palm Beach Gardens, FL 3341D and ' w the County t: St. Lucie ty Co A rney's ce 2300 Virgi 'a eaue Fort Pierce, L 4982 Recordati f re eat This Agre eat s e recur at De er'e ~~e ~ tys oC St. Lucie County, Florida 10. Remedies In the event of n default hereunder, the non-defaulting party shall have all rcutedies at tew or equity, including the remedy of speaBc performance; provided, however, that the party asserting a defetilt shall first notify in writing the alleged defaulting patty, and said alleged defaulting party shall have five (5} business days from the date of receipt of said notice to respond in writing w the party asserting the default. ll. T' Tsssnce ' e th ess rxJvil tE're~pect each run en whi re wires i e' er pasty a ri n thin the eta e p od r upon a ified ie. l Venue e venue lift tioa g ut of "s greement shalt be St. Lu ie County, Flo ' a. es eve bYl • 13. Headings Ths headings contained in this Agreement are for convenience of reference only and do not limit ar otherwise affect in any way the meeting or iatcrpretation of this Agreement 14. Pronouns In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singtrletr wdl include the plural, wherever it appears appropriate from the contea't. 1S. e • a as s ? D sera OR Ht]OFC 2535 PAGE 14 69 The failure or delay of any patty at any time to require performance by another party of any provision of this Agreement, even if known, will not a$'ect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed ns waiver of tiny caadnuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to eny other or further notice or demand in similar or other circ tffiSCt:S; s oth ec' a in this Assign t 71tis Agreeme t ay be assi ed by ev i legal res fives and c essars-in-interest ovi ed ffiat imps t fe tsedi are limit olely to the p p described 'hit A. 17. Binding E ct This Agreement shall be governed by trod construed in Becordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto Bnd their respective iegat representatives, sutxessots and assigns; provided, however, Developer shall have no obligations, duties, responsibilities, or linbiliry wader this Agreement if Developer's Project is not approved by County, or if the Project is approved, the Developer requests the Caunry to rescind the rosolutioa approving the Project and the County rescinds the resolution. Such recision shall not be unreasonably withheld. ]8. Coanterparts _ 's Agr m t mn a execut in on or more couate each o w ch shall be d me ' ' ttL 9. Consirucgon This Agreement be constru as a joi t work pmduci o th ~ a_+td s all h t be cons male o ess favo bly n acco t f its pttiparatioa. 20, ~ mire A emeat ~ This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings trade in connection with the subject matter. No modification or tunendment of this Agreement shall be binding upon the parties tutless the same is in writing and signed by the party to be bound. Is D lF B B 79BS.iD OR BOOK 2535 PAGE 1470 BOARD OF COiINTY G~~I3V~iSS10NERS ATTrST: ST. LUCIE COUNTY,,>`Ii(~RIDA , ,y • ~~G 1, BY: ~ ~ S~ 9N i~~r_ PROVED O ORM C L S: [ D i 'bC7[ BY: a Attorn WITNESSZ;S: SIJNNYLAND FARMS, LLC na ~ BY• ~Jv Prins N me: e. 6 Print Nnme: ~ Title: President of Page AomPS 4~ , e~ "o.L.~ ~9~9 Meanber of S1uu[y3and Parn~s, LIC Print A OF FLORIDA O ` OF 'Fh tag en ckn~~~ed be this f 20(} , P ~,~w e s ° ms's"" S LLC, a Florida ltmtud liability cowpony, who is ~ personally known to we, ~ _ who has prodaced es identtFcetian end who - did/~c not take as oath. Notary Seel ~ L. ' ~ Notary Pub 'c, Swte of Florida Darlene Pont Newe: ~na~e..c • lb auF -?s;.~. ~aaM• LoBne My Commission Expires: JVK ~s~~y ~r~ r ~zuoe ~'"y'~'~ ~.rw~~"°co..r~. 9 D L II 65 9lS.ll! OR HOOK 2535 GAGE 1471 LEGAL DESCRIPTION PARCEL 1: • THAT PART DF THE 90UTSWE5T OIIARTER OF SECTION 3r TOWN3&IP 35 SOOTA, RANGE 39 EAST, LYING EAST DF THE EAST RIGHT-DF-WAY LINE OF THE 6D175HINE 9TAT6 PAR1d~lAY/ SS AND EX TI2 THE HO 789. 5 F£ET TH F D SS IN T D R D A T-OL..J OF D. TOGETHER PARCEL 2: THE SDDTHEAST O SECTION 3 T WHSHI 3 , RANGE 39 T NG WES T T SEC Oli INE, Y CDPATION, LESS RL HTS OF Y, YIN AND NG LDCTE C r RIDA. D D OA HOOK 2535 PAGE 2472 ~ ! ; ~ a' ~ I ~ t ~ {j i;,: ~ ~ j ; ~ !dill( ~-8~ $ ~ r lief ~h ~ t i# d l~Nr) • rf i : Vii! ' r E ~ ~tlil F i r f ! e 4' ~ ' li i Nto ~ ~fo ~ `t, ~ t _ + r io, ~ (dp ~ it ~ i itI ~ ~ t ~ , r r i ~r ~ do f ~ ~ ~ r a, ~ 0 t,,. 3l! rl ; • (g ' ~ f1 n, ~ ` n ~ I ~ , l"' ~ tom. -u+ t,~ ~ . ! _ fig I~ fv ~ , , ~ '~~s'=~~''+~ yam' r ~ OR BOOK 2535 PAGE 1473 ri.viun irsrs.+sim.- ooaoeoememeteo - ~ ? ? ~ ameaoooooamoa ~ seaoeammems 1~ oo aooa ? ~ i 1 ,0 L` r' . , ? . ? ? ~ . ~ ~ 1 ` ? 7?. ` , ` •I - . ? ~ i ~ ~ - - ~ s N ~ 1 ~ ' I I 1 ~ I 1 t 1 1- ~tF V ~ T i ~ , ~ 1 , ? , ~ ~ , o f I . ? ? ~i f , • , , . G J QR BOOI{ 2535 PAGE 1G74 . i^ oll _ 1 ~ ,M..~a~ a ( j ~ ~EI i J 1 f j ~ ~ c c I ~ ~ jj ~ ( i j ~ ( i :r ' j I ~ i ~ ~ z I ~ ~ ~W 11 s s y' r i i I ~ i ~ : e~ m('~ ( ! ( ~ ~ a V G7 { ~ j ` ( ~ ~ _ 1 ( _ D I ~ ~ a ~ E~ ~ j f . ( . m t;d; ~ ~g a• < < ;f ! f i ~ t4 ~ j ~ 3 ~j ,r l ~p I 10/10/2006 14:52 5614621440 COU PAGE 02/06 ~~~s~ INT~R,S]ECT'ION D1G5IGN FIINDIlVG AGREE74fDNT {Sannyland Farms PUD} THIS AGREEMENT is ~ made and entered into es of this ~ day of 2006 ("Effective Date",1, by end between 5T. LUCIB COUNTY, a politi- cs subdivision of the State of Flarida {"County"}, and SL>T+T!~TYI.AND FA]Z1ViS, LLC, a Florida I3mited liability company {"Developer"). RECITALS WHIJREAS: . A. In accordance with (i) Section C.2.f of Resolution 06-051 of the County {F>?e lVo. PUD-03-028 and }ZZ-05-03~, grantiog Smal planned unit deveIopmeut site gtan approval for the residentiei project lrnovvn as Sunnyland Farms) ("Resolutiort'~, which Resolution is recorded at dfficiai Records Hook 2546, Pages 2066 through 2D75, of the Public Records of St. Lucie County, Florida, and {ii} Section 4.a of that certain Road Contribution and Coasttuctiaa Agreement (Saaaylacld Farms PUD) between the County and the Developer ("Road Agreement"), which Road Agreement is recorded at Ofl=~cial Records ]3aok 2535, Pages I~52 tburou$h 1474, of the Public Records of St Lucie County,l;larida, the Developer is obligated to nadeltake the design and permitting of in- ter9ectionimprovements at I{ia~ Highway cad Ormege Avenge ("Developer Design Ob- ligations'~. . E. The Caun~•y has sel~.teil Inwood Coz'truiting Eeers, Inc. {`~nwood'~, to provide roadway design consnitant services to the County an various public madway prajects, including planned interseatioa improvements At Rings Highway and Orange Avenge ("7aterseciion Design ~'V'ork'~. C. The Camnty has received from Fnwood a proposal {`~awood Proposal's to perform the Intersection Design Work. ]3. The 3ntarsectian Design Work as specified. in the Inwood Proposal in- cludes not only completion of the Developer Design Obligations but also completion of certain additional tasks or activities related t+o tlxe planned intersection improvements et Dings I3ighway and Orange Avenue. L~. The Inwood Proposal specifies that the svnn of $454,231.91 will be re- quired for completion of the Developer Design Obli~tioas pardon of the Intersection Design Work. F. The Developer sgrees to pay invoices £rom Inwood to the Cannty for the pednrmauce of the Developer Design Obligations portion of the Intersection Design Work in the rnartner set forth is this Agzeement, and further agrees to provide security for snap payments ("DeveIoper Payments" j by a performance bond is substatztiFilly the farm attached as Exhibit A {`BoAd'~. SUZY 1GM170Q2 ln~crseclion Design Fending ACT 1 10/IO/2006 14:52 5614621440 CCU PAGE 03/06 Cs. The County agrees that provision far the Developer Payments in the man- ner set Earth in this Agreement, as secorad by the Bond, whl satisfy in fell the Developer Intersection Obligations contained in the Resolution and the Road Agreetent. NOW, THEREFORE, far and in considenition of these premises, the mutual un- dertakings, and the conditions contained and assumed herein, the receipt and sufficiency of wlkiah are hereby acknowledged; the County and the Developper hereby covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorpo- ratedherein by reference. Z. Developer Pavrnents. The Developer shall pay invoices from Inwood to the County for the performance of the Intersection Resign Work, as may be amended by the County and Inwood from time to time, as follows: (a) Each invoice (each, an `intersection Design Invoice") faz which payment franc the Developer is sought shall be accompanied by a certificate (each an "Engineer's Certificate's prepared sad executed by the County Engineer to the effect that The Engineer's Certificate constitutes a certification of the County Engineer and relates to.the perrorataace ofthe Intersection Design ~V'ork required under t1ie Inwood Proposal; . {iii Inwood has presented an Intersection Design Invoice under Work Authorization NTo. 1, Eagiheering Services, Roadway and Tnterscc- iioa Design, I{ings Highway-Urnaga Avenue Intersection Improvements Project ("Work Authorizafion"}; and {iii) 'T'he County Engineer has reviewed the work desen'bed in the Intersection Design Invoice and determined that the invoiced amauat is reasonable compared to the project schedule established ender the Work Authorization and the work accomplished and accepted by the County. (b) The County may present Intersection Design Invoices to the Do- veloper for payment not more than once each calendar mouth, the first such pm- sentrnent no earlier than twenty (20) days after the E$ective Date, and the last such presentment no Inter than twent}~-four (24) months after ttse Effective Data, (a) 'The Developer shall make each Developer Payment within twenty (20) calendar days of recraving from the County an Interseclion Design Invoice accompanied by an apprapria#ely exaouted Engineer's Certificate (eaoh, an `"Ia- voice Due Data"}. SUi~t i 6~7Qn? Itrter'scdnn besiga Funding AGT ~ 10/10/2006 24:52 56146214A0 C~LI PAGE 04/06 (d} Each Developer Payment shall be by checl5 money order, or other negotiable instrument made gayable to Inwood and delivered to the County Engi- neer on or before the coxrespomding Invoice Due Daie. (e) The total of the Developer Payments made to Inwood as set fortb~ in this Agreement shall not exceed X454,231.91. 3. Bond. Within twenty (ZO) ca]endar days of execution of this Agreement by the County, the Developer shall deliver to the County the Bond, in substantially the form attached as Exln'bit A, as security for perForrnAnce of the Developer's obligation to melee the Developer Payments. 4. Developer Design O~igat[ons. Upnn the Developer delivering to the County the Bond, in substeabially the form attached as Exhibit A, securing performance of the Developer's obligation to rY?alce the Developer PAymanfs in accordarxce with this .A.greemcnt, the Developer Intersection Obliga6oos cantai~aed in the Resolution and the Road Agreement shall bt deemed satisfied is full. 5. Notices. Untt'1 further written notice by either party to the other, sll no- tices provided for is this Agreement shall be in writing and transmitted by messenger, by mail, or by facsimile transmission, as follows: If to the Developer. Snnnyland Farms, LLC . 11000 Pznsperity Farms Read, Suite 202 Palm B°ceah fiiard ea;, FL 33410 561-6229173 (Facs~imoile} and ifto the County: 5t. Zucie County c% County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-1(40 (Facsimile) 6. Remedies, In the event of a default under this Ag<eemeat, the nan- defavltingparty shall have all remedies nt law or equity, including the remedy of specific perfom4ance; provided, however, that the party asserting a default shall first notify in writing the alleged defaulting Party, and the alleged defaulting Party shaII have five (5) business days fiom the date of receipt of such notice to respaad in writing to fife party asserting the default. 7. Tmze of Essence. Time 4s of the essence with respect to each provision of this Agreement that requires either party to take action within the stated time period or upon a specified date. Venue. The venue of any litigation arising out of this Agreement sho1I be St Lucie County, Florida All parties waive trial by jury. SttN 1647002 Intorscction Design Fund;ng ACr r 3 10/10/2E106 14;52 5614622446 COU PAGE @5/06 Headinp~. 'The headings contained in this Ageemeat are for canvenieace of reference only dad do not limit or atberwise affect in any way the meaning or inteipre- tatiaa of tbisAgreement. I0. Pronouns. In flux Agreement, the use of any gender wa'lI be deemed to in- clude aII genders, end the use of the singular will include the plural, wherever it appear aFPropriate from the context: 7 2. ~fTaiver. TI~e failure or delay o£ any Party st any time to zequixe perform- anae by another party of any provision of this Ageement; even if lo~own, wi71 not aiiect tba right of that party to rehire perfoaa3anee of that provision or to exercise any right, power, or remedy, and any waiver by any Party of day breach. of day provision of this Agreement shall not be construed as waiver of anY continuing or succeeding breach of provlsioxts, a tivaiver of the provision itself, or a waiver of eny right, power, or reoiedy coder this A~eement. No notice to or demand oa day party in this case will, of itself, entitle a patty to any other ar fu~cr notiae of demand in similar or other circumstance, Mess otherwise specified in this Agreement, l2. Bodine Effect. This Agreement shall be governed by and construed in accordance wi#h the Taws of the State afFlorida, and slzal] be binding upon and inure to the benefit of the parties hereto add their reslrective legal representatives, successors, and assigns. 93. Countemarts. 'This Agreement maybe executed in one or more counter- Farts, each of which shatI be deemed aµ original. 14. Construction. 3'his Azrecmeat shaIl he construed as the joint and equal work product of the parties and shall not be construed mare or less favorably on account of its preparation. 1 S_ Entire A~eement. This Agreement constitutes the entire Agreement be- tween the parties relating to the subject matter hereof and supersedes all prior agreeuzent9 or understandings made in connection with the subject mutter. No modification or amendment of this Agreement shall be binding upon the ,parties unless the same is in writing and signed by the party to be bound. 5'LiZV 16471tQ2. Interscxtiaa Design Funding AC3T ,4 10/10/2006 14:52 5614621440 CCtJ PAGE 06/06 ATTEST: ~ , ~ SOART~Q:~~L`-C~svy~ CflMIvIISSYONER~S ST, ~7~i~.CC~t~IYxY, FLORIDA - ~ . ~ Hy, v ti D CIer3c ~ Chairman' n 'x o ~~J~ o ~j U Y` APPROVBD A5 TO FO1ZM AND U t,~3;: :1 CORRE SS: By. County Attorney SL;~+1NY"LAND FARMS, LLC WITNES513S: By. Paparone Homes of Florida, Inc. Managing Member na g _ ~ r'~~ Y Name: Domenick Paparon resident STATfi OF FLORIbA COUNTY Or PALM BEACH The foregoing instrument was acknowledged before me this day of` ~e P ~ ~ ~ ~ rt. , 20p6, by Damenick Paparone, as PreSideat of Paparone l3omes of Florida, Inc., Managing Member of FARMS, LI.C, a Florida limited liatnlity company; who ~ is personally lanown to me, or O has prodncea r as identification; and who Q did/p did not take an oath. Notary Seal ' ~ _ ~I~taryPubli State ofFlorida ` Darlene M. Lo$ue Pr3at Name: D w,.r~~ ~ i't'+ • L~ ~J off' Commission #DA3I8580 Ally Conaurissioa Expires:_.~ ~ ~,e S 1 r o Expire3' Tun 25, 2008 .~uiK~`_ BQndod'1111u n,n~a` RtlmticBCndingt~„lac. SUN iG47o¢2InlcssccNon Design Funding AG'f S D9.1S~Ot< 09:14 F.~X A2AOfl35 P~PARO\E NO3tES (~jU02 FJCHIBIT A .INTERSECTION DESIGN Ft7NDING AGREIIdENT SOl~ BY THIS BAND, We, S[i[~T1vYLA1dD FARMS, LLC, a Florida limited liability company, as Principal, and Bond Safeguard Tnsur~~~~•e Comnanv an Illinois Corporation, as Surety, are bcund to ST. ~UCTF COtr'VTY, a political subdivision of the State of Florida, hereinafter called the "County," in the sum 8454,231,91, far payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. TBE coNnY~IOt~ of TH2S BoNf) is that ii the Principal performs alI or. the terms and cond'_tions of that certa_n Intersection Design Funding Agreement dated 2OOb, between the • Principal and the County for certain Developer Payments, as defined in the Agreement, at the times an-d in the manner prescribed in the Agreement, the Intersection Design cunding Agreement being made a Dart o~ this bond by this reference, then this bond is void; otherwise it remains in full ICrce. . DATED ON 5entemher 18. 2O0G , 2006. PR:CNCZPIii.: SLINNYI.IiBim FARMS , I~LC ADD>;2E93: 11000 Prosperity 3:'axms Road, Suite 202 ' Pam BaaeYi~= Gardens; P'lozida 33410 B1' : r'~ ~ ~ ~ r t - 1Managinq Memrer As Attorney-in-FaCtl~ . SC>RETY:. Band Safeguard Insurance Comnanv • ADDRESS: G;,11 Sliute Lane Dld Fltckory, '1'N 371911 BY. _t.:_- Ae Attorney-in-Fact Davit' A. Morgan S 1JN 16.4 7Ofl21ntDastgnFundin6AgtBond i ROWER OF ATi'ORNEY Ao ~ ~ ~ ~ ~ tnTSURAnIC= coMPaNY KhdOVJ ALL MEN BY THESE PRESENTS, ihai DOND SAFEGUARD INSURANCF_ COMPANY, an Illinois Corporation with its principal oitice in Lombard, Iltlnois, does hereby constitute and appofni: 'fmmtlry J. 1Va~llcr, t)nvid n. tYlnrgtrn, iL~rbam kirk •*••"'•"v•`• ••o•.r •....•,.e•v?•.•bN+.r.>••..r•••v•..•••...H.•P.•.n+........•HIH••HN f:N •f •>.•>r ••.i1•••rr w.•I•N?•• r• its true and lawful Aliomey(s}-in-Foci to make:, execute, seal and deliver tor, and on its behalf as surely, any and all bonds, undertakings ar oilier writings obligatory in nature at a bond. This authority is made under and by the authority of a resolution which was passod by the Board of Directors of 130ND SAFEGUARD INSURANCE COMPANY on the 71h day of November, 2001 as follows: Resolved, that the President oh the Company is hereby aufhori_ed to appciirl and empower any representative of the Company or other person or persons as Atiamey-fn-Fact to cxocute on behalf o1 the Company any bonds, undertakings, policies, contracts of indemnity or othor writings obligatory in nature of a bond not to ew:eed S1,000,D00,0U, One Mlliian Dollars, which the Campany might e:cecut~ tl3rough its duly elected ollicers, and affix lira seal of file Company iherefo. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon fhe Company 9s ii Utey had been duly executed and acknowledged by the regularly elected officers of the Company. Any Atlarr~ey-In-Fact, sa appointed, may be removed for good causo and the autiority so granted may be re~bked as specftied !n the Power of Attorney. Resolved, iftat the signature of the Prasfdenl and the seal of Ilte Company may be afli:cerl by facsimile on any power of etlorney granted, and the signature of fhe Vice President, and the seal of the Company may be affixed by facsfmfle to any certlticate o€ any such power and any such power or ceriNicate bearing such lacsftzrile signature and seal shall be valid and bindinr~ on the Compan{! hny such power so executed and sealed and ceritficate sa executed and sealed shall, with respoct to any bond or undertaking to which it is afiached, conifnue la be valid and binding on the Campany. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused thin instrument to be signed by its President. and its Corporate seal fa be affixed this 7th day of November, 2D01, 0~*"°1~8"`~r~ BOND SAFEGUARD INSURANCE COMPANY ~ N~ s . ~ lu.nlativ S PIbUMr1CE 5i a GaYP.V1Y ~ YJ aY ~~~~f~/~ David E Campbell President ACitN~Wf~DGEMEN ? On this 7th day of November, 2001, bofore me, personally came David E. Campbell to me known, udio being duly swam, did depose and say Ehat he is the President of BOND SAFEGUARD tNSURANCE COMPANY, the corparalfon described in and which executed the above instrument; chat he execulod sold instrument on hehalt of the corporation by authority of his office under the By-laws of said corporation. °OFFICIAL SEAL" .L,~, - ~ ~ ~ _ N1AL"iRE>r1V T:.11YL aurean K. Aye Notsrry Public, Siatc ol'Illiuois othry Public 14Iy Commission Lzpfrrs 09/2]!09 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Ilfinols insurance Company, DO HEREBY CERTIFY 0~at the original Power of Attorney of which fhe foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as sot forth are now in force. Signed and Sealed at Lombard, Illinois lhis_LE{,t1~.~Day o! _Sip.CembL'L , 20.0.6-- a~o wsa ygq~fl NI p~ 1 /(~lfJ~/ ~ j/7/j~r ~ / D SiP1019 S Lr/K4. / /VI afiVC:?" ZC~^~~•+~(~/ ~ ~ Oonaid D. Buchanan Secretary i i i O }r ~ t9 D O N app p (O~ ~Cy 4l d ~A cCp~I R; C7 t7 7Nm ~O~SI t'~ ~ Ryp'S~ cQf a7 IQ.1 ~y W O itt '~r r ISO C7 0 ~ ~ R' d7 O 10 1L ~ C ~ o~•s ° r ~ e7 W 'c~ D ' `o y ~ v C ~C' ~ m ~ c ~ N W T b CJ ~ ~ v C ' ~ m ct L E 0.1-- u ~ ~ ~ q H `o 0 ~ E ~~6 ~5a ~ ~ ~ .z ~ ~L $ u LtJ c a~i @ ~ ~ ~ ~ ~ C [A ~ ~ W s:l E ~ ~ a: ~ a~ ~ v e ~ ~ - ~ z g ~ m ~ ~ t ~ m ~ m ~ O ~ ~ ago 4 ~ ~ O ~ ~ ~ ~ ~ ~ m ~ ~ ~ a ~ v m E O p o 'o m.P g~ ~ ~ tyj~~ g m 0. b1~pg W~ N m G ~ D~ tl~ m m~ p m ~6 7 ~ ~ ~ C (Q~~ at U V r ~ 0 0 0 tD a C N ~ ~ i~ 6 ~ I-- 9 jdII~' ~ ~ o m mmj ~ g~~. G~U ~v UZ Q ~ ~ b~ L t 4 u- as gg . .,a p ~ ~ c~ w ~ ~ ~ i'~ M U ~ ~ u ~ I .IUuSr,~, .~.r~ n c'~+ ~ ~ ri cj E - w m ~ N LLa Ti v H ~ r ~ Ga a , O mac c i~~ E u7 ~ C I y°a~ tNI . W ~ N ~ a m ~m m yt~ ~d ~ ~ ~ 4 'Same 7 ~gn Fes- ~ j m ~ c ~ = p~ s y ~G ~ F m E a E ~ 2 am ~a O o e '9 r ca+ 5 0r~ u~ g ~~c a m rn m g ~ g? m ~ nt o vv ~ E ~ 2 U 4a ~ CR ~ ~ es m`' ~ m Prepared by and return to: Daniel B. Harrell Gonano 6 Harrell 1600 5. Federal Hwy, Suite Z00 Fort Pierce, FL 34950-5194 Ph:772-464-1032 Ext. 1010 AGREED TERMINATION OF ROAD CONTRIBUTION AND CONSTRUCTION AGREEMENT AND INTERSECTION DESIGN FUNDING AGREEMENT AND WAIVER OF ELIGIBILITY FOR EXTENSION OF FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL (Sunnyland Farms PUD) THIS AGREED TERMINATION AND WAIVER is entered between the St. Lucie County, a political subdivision of the State of Florida ("County"), and Sunnyland Farms, LLC, a Florida limited liability company ("Developer"). WHEREAS, on March 11, 2006, the County and the Developer entered n Road Contribution and Construction Agreement (Sunnyland Farms PUD) ("Road Agreement); and WHEREAS, on March Z1, 2006, the Board of County Commissioners of the County ("Board") adopted Resolution No. 06-051, approving the Final Planned Unit Development Site Plan for the Sunnyland Farms PUD ("Final PUD Approval"); and WHEREAS, on September 12, 2006, the County and the Developer entered an Intersection Design Funding Agreement (Sunnyland Farms PUD) ("Intersection Agreement") to implement a portion of the Road Agreement; and WHEREAS, on March 18, 2008, the Board adopted Resolution No. 08-018, extending the Final PUD Approval until March 21, 2009; and WHEREAS, on March 21, 2009, the Final PUD Approval, ns extended by Resolution No. 08-018 of the Board, expired; and WHEREAS, on June 1, 2009, the "Community Renewal Act," Ch. 2009-96, Laws of Fla., was enacted into law; and WHEREAS, Section 14 of Ch. 2009-96 provides that, subject to certain conditions and limitations, any local government-issued development order that has or had an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration, provided, however, that the holder of a valid authorization that is eligible for such extension must notify the authorizing agency in writing no later than December 31, 5:\ATTY\AGREEMNT\Sunnyland-Termination & Waiver.wpd 1 2009, identifying the specific authorization for which an extension is sought and the anticipated timeframe for acting on the authorization; and WHEREAS, the Developer desires to waive any and all rights to seek an extension of the Final PUD Approval as may be provided by Section 14 of Ch. 2009-96 or otherwise; and WHEREAS, the parties (i) agree that the Road Agreement and the Intersection Agreement should be terminated effective as of the date of this Termination and Waiver, and (ii) acknowledge that the Final PUD Approval expired on March 21, 2009, and is of no further force or effect. NOW THEREFORE, in consideration of the premises, the parties agree as follows: 1. The Rond Agreement and the Intersection Agreement be, and they are hereby, terminated and extinguished, and shall be of no further force or effect, as of the date of this Termination and Waiver. 2. The Final PUD Approval expired on March 21, 2009, and is of no further force and effect, and the Developer, for itself, its successors and assigns, hereby irrevocably waives any and all right to seek an extension of the Final PUD Approval, whether in the manner provided by Section 14 of Ch. 2009-96, Laws of Fla., or otherwise. 3. This Termination and Waiver shall be recorded in the public records of St. Lucie County, Florida, at the expense of the Developer. DATED this day of , 2009 ATTEST BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk PAULA A. LEWIS, Chair APPROVED AS TO FORM AND CORRECTNESS BY: Daniel 5. McIntyre County Attorney 5:\ATTY\A6REEMNT\Sunnyland-Termination d Waiver.wpd 2 SUNNYLAND FARMS, LLC WITNESSES: By: Pnparone Homes of Florida, Inc. Managing Member By: Print Name: Domenick Pnparone, President Print Nnme STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2009, by Paula A. Lewis, as Chair of the BOARD OF COUNTY COMMISSIONERS OF ST, LUCIE COUNTY, FLORIDA; who ? is personally known to me, or ? has produced as identification; and who ? did ? did not take an oath. [Notary Seal] Notary Public-State of Florida Print Name: My Commission Expires: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by Domenick Pnparone, as President of Pnparone Homes of Florida, Inc., Managing Member of SUNNYLAND FARMS, LLC, a Florida limited liability company; who ? is personally known to me, or ? has produced as identification; and who ? did ? did not take an oath. [Notary Seal] Notary Public-State of Print Nnme: My Commission Expires: 5:\ATTY\AGREEMNT\Sunnyland-Termination 6 Waiver.wpd 3 ITEM NO. VI-C1 ~ _ DATE: 9h /09 • ~ , AGENDA REQUEST REGULAR ( ) _~r,_ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E~, SUBMITTED BY: Public Works/Engineering Division County Engineer ~~P SUBJECT: Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101-4115-563000-19014G, Transportation Trust-Engineering Public Works - Tropical Storm Fay (pending Board approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the bid from H & D Construction Co., Inc. for Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects in the amount of $182,666.25, establish the project budget, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator ~_'~i CoordinatioNSignatures k nn County Attorney (x) ~ ~ OMB Director (x) ! 11 Daniel McIntyre Budget Analyst Marie ouin ~ Originating Dept. (x) - County Engineer (x) , C Wald West Michael Powley Road/Bridge (x) ~ L, Grants Writer (x) Donald Pauley illiam Hoeffner Cortez at Admiral & Esplanade bid award H&D Const. ag. Engineering Division ~ ~ • ~ ~ MEMORANDUM x~: TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo~ FROM: Michael Powley, County Engineer h~`'(' DATE: September 1, 2009 SUBJECT: Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects ITEM NO. VI-C1 Background: As a result of Tropical Storm Fay, the culverts at Admiral Street and North Saint Lucie River Water Control District Canal No. 8 (just south of the Intersection of Cortez Boulevard) and Esplanade Avenue under Cortez Boulevard, incurred damages that resulted in failures of both culverts. These two culverts are within 500 feet of each other. The St. Lucie County Road & Bridge Division completed a temporary repair to the Esplanade Avenue intersection in order to maintain the existing connection. However, the culvert at Admiral Street collapsed and was barricaded. It has been closed for access since the failure. A total of 264 companies were notified and 44 documents distributed. Seven bids were received and opened on August 5, 2009 (Attachment A). H & D Construction, Co., Inc. is the lowest qualified bidder submitting a base bid of $182,666.25. They have committed to the minimum local participation thresholds required by the ordinance. Project budget will be established as follows: Construction $182,667 Soil Testing $ 4,000 Inspections $ 18,267 Reserves $ 18.267 Project Budget $223,201 , Engineering Division Memorandum September 1, 2009 Item No. VI-C1 Page 2 Previous Action: October 28, 2008 -Board approved Work Authorization No. 4 to the Stormwater Management Contract (C07-07-387) with Miller Legg for design of Admiral Street Emergency Culvert Replacement and Esplanade Avenue Emergency Culvert Replacement. April 21, 2009 -Board adopted Ordinance No. 09-008, Local Economic Stimulus Ordinance. May 19, 2009 -Board authorized staff to bid Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert. Replacements under the Local Economic Stimulus Ordinance. Recommendation: Board acceptance of the bid from H & D Construction Co., Inc. for Cortez Boulevard at Admiral Street and Cortez Boulevard at Esplanade Avenue Culvert Improvement Projects in the amount of $182,666.25, establish the project budget, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment A -Spreadsheet 000 000 000 0 0o°ooso a s 00 O 000 00 0osoo o s o o aoo ooaoo°oooo° oo... ooooooaNOOO°o°°o°°0~ ° O ° 0000000 h O M ° ~ ° ~ O° 00000000 O b NN° r! 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'm 'o .n v o d o m N °m ;rn m~ w m ~ v v m C ~ n 2 U G c y v`~ a 2 a ~ U in 60E L11 ~ 2 N 2 ~ o ~ w ~ v A tin ~ v E o v 2~ a U~'_ 2 c~°'~° AEA A"'~ c~mo` a,~w`w`x°°' m `°c: `o « ~ w ~w zf m.~ m=`-m vwu~ E~~'-c~~ ~w2~.~~~m ~'O :mm~_ am aci~~ iawo `o~,~oW`o°~w`~m~~~ ~_Ae ~~o~d_~E~o~~~~o-nwwa=mao `__`o `o dac A `o 'u5 -`a c v °o m° _ a`2cUi ~N" -~m«min a,uE°ci =.~~q~' cyEEN-~dv~mo~jd~rn m~EEU c N N d ` > i" m~ ` m 9~~~ ~ a c c ~~n w E` a m> i m m x~ c~ x x U a; ~ A o~ r Q ? E s~~uwin¢ciwLLaa""~c~~ociaciin~rr=~ ~~~uw`~~~wi~aa"~~~nciciN °ONaoacim°r`~~~ O m ~ ~a~ V u as ~o as ~y~ a as p c mr aam~~ ~~~va.-~~a aw as a~m~~ ~mmsaNrvo ~amaa N;~d ~a0 eddooom~oNONOO ~~hd~~°o° abooryN.b~ooo~~o rf !m d m U °a aav~ eea eaeu"''i ITEM NO. VI-C2 ~ ~ ~ . ~ _ - ~ DATE: 9/1 /09 • ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. - SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: White City Drainage Improvements Project -Citrus and Saeger Avenues BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101003-41134-563005-4258 Transportation Trust -Local Option Drainage PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Second Amendment to Work Authorization No. 1 (CO-07- 381) Continuing Professional Roadway Design Services, with AECOM USA, INC. in the amount of $31,900 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: QU APPROVED ( ) DENIED ( ) OTHER ~ - Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) ~ OMB Director (x) , Daniel McIntyre Budget Analyst Marie Gouin r wA ~ Originating Dept. (x) County Engineer (x) IGI~ ~ Do ald West ichael Powley ~ Road/Bridge (x) ~-~'2~ L D®nald Pauley White City Citrus Saeger WA1 Amend2.ag Engineering Division ~ r • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer ~ ~ j~ DATE: September 1, 2009 ff SUBJECT: White City Drainage Improvements Project -Citrus and Saeger Avenues ITEM NO. VI-C2 Background: The Second Amendment to Work Authorization No. 1 (Attachment A) with AECOM USA, INC., in the amount of $31,900, is for the evaluation and development of possible alternatives in order to decrease construction costs and to modify the design to provide the best cost/benefit ratio in order to utilize in-house construction crews of the Road and Bridge Division for the White City Drainage Improvement Project -Citrus and Saeger Avenues. This will allow us to make badly needed improvements in the short term while waiting for grant opportunities to be identified for the long- term, more expensive construction. There is no cost-sharing with South Florida Water Management District (SFWMD) for this work. It will be completed by May 31, 2010. Previous Action: August 1, 2006 -Board approved Work Authorization No. 5 (C03-09-767) with LBHF, Inc. for drainage improvements to Citrus and Saeger Avenues in the amount of $84,220. November 6, 2007 -Board approved an extension of time to December 31, 2007. March 25, 2008 -Board approved a Local Government 50% Cost Share Agreement with SFWMD in the amount of $54,500. May 6, 2008 -Board approved Work Authorization No. 1 (C07-07-381) in the amount of $109,000. The County's share is $54,500. July 9, 2009 -County Administrator signed the First Amendment to Work Authorization No. 1 for an extension of time to December 31, 2009. Recommendation: Board approval of the Second Amendment to Work Authorization No. 1 (C07-07-381) Continuing Professional Roadway Design Services, with AECOM USA, INC. in the amount of $31,900 and authorization for the Chair to sign documents as approved by the County Attorney. Attachment A -Second Amendment to Work Authorization No. 1 Attachment A 1~`w 1, • PROJ/PROG #3708 SECOND AMENDMENT TO WORK AUTHORIZATION NO. 1 CONTRACT C07-07-381 FOR CONTINUING PROFESSIONAL ROADWAY DESIGN SERVICES THIS WORK AUTHORIZATION is made as of the day of 2009 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and AECOM USA, INC. hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 24, 2007 the COUNTY entered into a Consulting Agreement (Contract No. C07-07-381) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional Roadway and Intersection Design services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: WHITE CITY DRAINAGE IMPROVEMENTS PROJECT CITRUS AND SAEGER AVENUES (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-381). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto Page 1 of 3 as Exhibit "B" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of One Hundred Fortv Thousand Nine Hundred ($140,900.00) Dollars, an increase of $31,900.00, as further detailed in Exhibit «C„ 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and all work shall be completed on or before May 31, 2010, as further described in Exhibit "B'. c. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of One Hundred Dollars ( 100.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: AECOM USA, INC. BY: Print Name: Title: Page 3 of 3 White City Drainage Irnpronement-Citrus ai7d Saeger Avenues Page 1 of S EXHIBIT A WHITE CITY DRAINAGE IMPROVEMENT PROJECT CITRUS AND SAEGER AVENUES SCOPE OF SERVICES The proposed scope of services shall be amended to include the following tasks: TASK 9: UTILITY COORDINATION, FINISHED FLOOR ELEVATIONS AND TREE LOCATION (AECOM TASK 0009) Due to the construction aspect of the project, this task has been added to analyze potential conflicts with local utility providers. The ENGINEER shall coordinate with the local utility providers in order to determine the location of the utilities and locate those utilities on the construction drawings. The final design will minimize, to the extent possible, the disturbance of the existing utility lines within the Project right-of-ways. However, should existing utilities require to be relocated, the design of this will need to be performed by the affected utility. Utility relocation design services are not included in our scope of work, and should be performed by the affected utility authority. The ENGINEER shall provide the Finish Floor Elevations of all homes within the limits of the project basin using GPS technology. Finished Floor Elevations will be shown on the final construction plans on the Existing Condition Plan Sheets. The ENGINEER shall locate trees within the limits of construction which is defined as the road right of way. The areas of the project within COUNTY owned lands west of Citrus Boulevard and the west side of the right of way of Citrus Boulevard are not included in the scope of this work except fora 20' swath centered upon and along the proposed pipe beginning at the intersection with Saeger Avenue and ending at the proposed lake berm. All trees that have a diameter at breast height of four (4) inches or greaten will be located on the construction plans. This task does not include a tree mitigation plan. TASK 10: CONSTRUCTION PLAN MODIFICATIONS, AERIAL EXHIBIT AND PUBLIC MEETING (AECOM TASK 010) This task has been added due to design modifications requested by the COUNTY in order to decrease the construction costs and allow for the possibility of in-house construction of the project by the Road and Bridge Division. Additionally, the COUNTY has requested that the ENGINEER prepare an aerial exhibit and attend one (1) public information meeting. The ENGINEER shall: P:\700A\F-Sean-Liz\FZO -White City Drainage Improvements 60%-100% PlansW.mmendment #2\Amend #2 AFS Exhibit A.doc /~ECC~14~ White Czry Drai~tnge bnprot~emettr-Citrus acid Saeger Avenues Page 2 of S • Revise the construction plans to the minimum COUNTY standards while providing drainage. improvements for the surrounding neighborhood. • Prepare a color exhibit of the proposed project overlaid onto an aerial photo of the project location. Two (2) copies of this exhibit mounted on foam board shall be provided for use at the Public Meeting. • Attend one (1) public information meeting with the COUNTY and shall assist the COUNTY by providing support with questions that the PUBLIC may have regarding the design of the project. If additional meetings or exhibits are required by the COUNTY a Change of Scope (COS) request for the additional work shall be submitted to the COUNTY for review and approval prior to proceeding with the work. • Provide cost estimate for 100% construction plans. This task does not include United States Army Corp of Engineers permitting, United States Fish and Wildlife Service permitting, and responding to RAI's that may be issued by regulatory agencies such as SFWMD and ALOE that arise due to issues that are not directly related to the engineering design and that are outside of the normally expected requirements of the permit application. P V004\F-Sean-Liz\F20 -White City Drainage Improvements 60%-100% Plans\Ammendment #2Wmend #2 AFS Exhibit A.doc atC~~ White City Drainage Inaproveme~zt-Citrus and Saeger Avenues Page 3 of S ' Deliverables: The ENGINEER will provide the COUNTY the following at the completion of these tasks: TASK 9: -Task 9 will be incorporated into the Task 10 submittals. TASK 10: Two sets of the revised 75% and 100% Construction Plans & Technical Specifications -One electronic copy of the 100% Construction Plans --Two copies of Engineer's Estimate of Probable Construction Costs based on the revised 100% plans. --Two copies of the revised bid form. One electronic copy of the final bid form consisting of the bid quantities and the engineer's estimate of probable construction costs in Excel format. -One reproducible set of 100% Construction Plans & Technical Specifications on mylar material Two copies of the color aerial exhibit mounted on foam board. P:\7004\F-Sean-Liz\F20 -White City Drainage Improvements 60%-100~7o Plans\Ammendment #2\Amend #2 AFS Exhibit A.doc AECOh White City Drainage Improvement-Citrus and Saeger At~ent~es Page 4 of 5 EXHIBIT B COMPENSATION The COUNTY agrees to pay the ENGINEER as compensation for the additional services rendered and desci7bed above. Tasks 9 and 10 will be paid for by Time and Expense, Not to Exceed. Original Amendment Modified TASK 9: Utility Coordination - $4,000 $4,000 TASK 10: Construction Plan Modifications - $27,900 $27,900 ORIGINAL TOTAL 109,000 AMENDED TOTAL $140,900 P \7004\F-Sean-Liz\F20 -White City Drainage Improvements 60%-100';'o P1ansWmmendment #2\Amend #2 AFS Exhibit A.doc y ECO'vf White City Drainage Improvement-Citrus and Saeger- Avenues Page 5 of S EXHIBIT C PRODUCTION SCHEDULE ESTIMATED TIME AND PERFORMANCE The work associated with this Agreement shall be completed in accordance within the time frame specified in the following schedule for the project. The tasks listed below shall be completed as follows: TASK 9: Will be completed within 30 days of the Notice to Proceed TASK 10: Will be completed by May 31, 2010* *The ENGINEER has no control over the SFWMD permitting process. The schedule submitted for this task is based on our permitting experience with SFWMD on similar projects. All work shall be completed on or before May 31, 2010. However, this schedule is based upon the timely review of our submittals by the various regulatory agencies, such as the COUNTY, SFWMD and ACOE, as needed. For the purposes of this project, we will require that the COUNTY perform their reviews of submittals and respond in writing within 30 days of receipt of the submittal. in addition, please note that we have no control over the SF'WMD permitting process or their representatives. Consequently, the schedule submitted is based on our permitting experience with SFWIVID on similar projects. If it appears as though regulatory agencies are taking more time to review the permit applications than anticipated, we will immediately inform the COUNTY and request their assistance. Should the project be delayed for reasons beyond AECOM USA, Inc. control, the COUNTY will grant additional time to complete our work, and AECOM USA, Inc. shall not be required to pay the COUNTY liquidated damages as per Section S.c of Work Authorization No. 1 of Contract C07-07-381. P \7004\F-Sean-Liz\F20 -White City Drainage Improvements 60%-100°k Plans\Atnmendment #2\,Amend #2 AFS Exhibit A.doc yECOM ITEM NO. VI-D a~ _ J _ ~~,-s DATE: 9/1/09 • • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks and Recreation, Administration Project Manager SUBJECT: Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 5, 2008 - BOCC approved Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County October 7, 2008 - BOCC approved First Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County RECOMMENDATION: Board approval of the Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County as drafted by the County Attorney and authorization for the Chair to sign. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (x) v` ~ Purchasing (x) Daniel S. McIntyre Marie Gouin Melissa Simberlund Originating Dept. (x) Library Director (x) Debbie Brisson Susan ilmer Parks and Recreation • MEMORANDUM TO: Board of County Commissioners THROUGH: Debbie Brisson, Parks and Recreation Director C FROM: Mark DiMascio, Project Manager '~Vt/ DATE: September 1, 2009 SUBJECT: Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County ITEM NO. VI-D Background: On August 5, 2008, the BOCC entered into an Interlocal agreement with the School Board of St. Lucie County to allow for bus stops at six county-owned locations: Lakewood Park, Lawnwood Sports Complex, Palm Lake Park, Weldon B. Lewis Park, South County Regional Stadium and Morningside Library. On October 7, 2008, the BOCC approved the first amendment to the Interlocal agreement adding the Hurricane House as a bus stop location. This year, the School Board is requesting to add the Fairgrounds and the Lakewood Park Library as additional bus stop locations. Attached is the amended Interlocal agreement, adding the two new locations. Additionally, the agreement allows the County Administrator and the Superintendent to add or delete locations in the future upon agreement. Recommendation: Board approval of the Second Amendment to Interlocal Agreement for Bus Stop Locations with the School Board of St. Lucie County as drafted by the County Attorney and authorization for the Chair to sign. • SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR BUS STOP LOCATIONS THIS SECOND AMENDMENT is entered into this day of , 2009, to that certain Interlocal Agreement for Bus Stop Locations, entered into on August 5, 2008, as recorded in Official Records Book 3013, Page 1185, of the Public Records of St. Lucie County, Florida ("Agreement"), by and between the School Board of St. Lucie County, Florida, governing body of the School District of St. Lucie County, ("School Board") and St. Lucie County, Florida, a political subdivision of the State of Florida ("County'). WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, permits local governmental units to make the most efficient use of their respective powers by enabling them to cooperate with one another on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the parties entered into the Agreement to allow the School Board to use the Bus Stop Locations (ns hereafter defined) ns pickup and drop-off locations for students attending Palm Pointe Educational Research School at Tradition; and WHEREAS, subsequent to the parties entering into the Agreement, the parties entered into a First Amendment to Interlocal Agreement for Bus Stop Locations (the "First Amendment") to allow the addition of Hurricane House in the Bus Stop Locations; and WHEREAS, subsequent to the parties entering into the Agreement and the First Amendment, the School Board requested and the County agreed to amendment the agreement to allow the addition of the St. Lucie County Fairgrounds and Lakewood Park Library to the Bus Stop Locations; and WHEREAS, the parties desire to amend the Agreement to allow future additions and deletions of Bus Stop Locations to be permitted upon mutual written agreement of the School Board Superintendent and the County Administrator. NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties, the School Board and the County agree to amend the Agreement as follows: A, Section 1. of the Agreement is hereby amended to read as follows: 5:\ATTY\A6REEMNT\INTERLOC\School Board-2A Bus Stops.wpd -1- t 1. Bus Stop Locations. The School Board and County agree that the School Board may use the following County locations as pickup and drop-off locations for students attending the Palm Pointe Educational Research School at Tradition: Lakewood Park, Lawnwood Sports Complex, Palm Lake Park, Weldon B. Lewis Pnrk, Morningside Library, South County Regional Stadium, Hurricane House, St. Lucie County Fairground, Lakewood Park Library ("Bus Stop Locations"). The Bus Stop Locations may be subject to change by mutual agreement of the School Board Superintendent and the County Administrator. B. Section 5 of the Agreement is hereby amended to read as follows: 5. Amendment. This Interlocal Agreement, except Section One. Bus Stop Locations., may only be amended by written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. Section One. Bus Stop Locations. may be amended to add or delete locations by mutual written consent of the School Board Superintendent and the County Administrator. C. The School Board shall, at the School Board's expense, cause this Second Amendment to the Agreement to be recorded with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. D. This Second Amendment shall be effective as of August 24, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: ey: County Attorney 5:\ATTY\A6REEMNT\INTERLOC\School Boord-2A Bus Stops.wpd -2~ i STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2009, by , as Chair of the Board of County Commissioners. He/She is personally known to me, or has produced ns identification and _ did/_ did not take an oath. (Notary Seal) Notary Public, State of Florida Print Name: My commission expires: ATTEST: SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA By: By: Michael Lannon, Superi~endent Chair and Ex Officio Secretary APPROVED AS TO FORM AND CORRECTNESS: ey: School Board Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this dny of 2009, by , as Chair of the School board of St. Lucie, Florida. He/She is personally known to me, or has produced as identification and _ did/_ did not take an oath. (Notary Seal) Notary Public, State of Florida Print Name: My commission expires: 5~\ATTY\A6REEMNT\INTERLOC\School Board-2A Bus Stops.wpd -3~ ITEM NO. VI-E _ ~ -f - - DATE: 09/01 /09 r AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Yvette Alger SUBMITTED BY: Environmental Resources Department, Environmental Planning Environmental Regulations Division Coordinator YfE SUBJECT: U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application to the U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Grant Program, requesting funds of $286,298. COMMISSION ACTION: CONCURRENCE: (~Q APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sia natu res County Attorney ( ) OMB Director ( ) ~ ~ ~ Budget Analyst ' . Dan McIntyre wonna o son/ Marie Gouin Originating Dept. ( ) Finance ( ) Karen Smith ai Francis ~ ~ f' i Environmental Resources S` - ' ~ - Department a MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Planning Coordinator Y~ DATE: September 1, 2009 SUBJECT: U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Grant Application ITEM NO. VI-E Background: This agenda item is a request for the Board's authorization to submit a grant application to the U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Grant Program for $286,298. The grant funds will be used to evaluate permitting alternatives for projects involving federal and state listed species in St. Lucie and Indian River Counties. The project would be a partnership between St. Lucie County and Indian River County, who will jointly manage the project. The grant program requires a 25% non-federal match, which would be provided through in-kind services valued at $97,920 from St. Lucie and Indian River County staff. The project will assess the feasibility and cost/bene~t of developing a regional or County Habitat Conservation Plan (HCP). An HCP would provide an alternative permitting process for the protection of federal and state listed species. Currently, applicants must apply for listed species permits from the state and/or federal governments. In the case of federal Incidental Take Permits (ITPs), individual HCPs are required for each ITP, and mitigation is often provided outside of the County or region. If the County were to implement aCounty-wide or regional HCP, the County would become the permittee for impacts permitted under the HCP and associated ITP. The comprehensive long-term planning involved in plan formulation would assist the County in directing avoidance, minimization, and mitigation of impacts to areas of local and/or regional priority for listed species protection. The grant is for planning purposes only, and it does not obligate St. Lucie County to implement an HCP. Grant funds do not have to be returned in the event that a County or regional HCP is not implemented. Data gathered during the planning process will identify the conservation needs of federal and state listed species, so that these needs can be taken into account in planning for future development and identifying priority areas for preservation and mitigation. The grant funds will be used to hire a consultant, who will assist the Counties in: 1) Coordinating with stakeholders and subject matter experts to guide the planning effort; 2) Reviewing literature and other existing data on the conservation status of listed species; 3) Performing surveys to gather additional data; and 4) Evaluating alternatives for future permitting. Recommendation: Board authorization to submit a grant application to the U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Grant Program, requesting funds of $286,298. ITEM NO. VI - F ~ f - ' DATE: 09!01/2009 • ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT {X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Massa SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Permission to accept the 2009 Edward Byme Memorial Justice Assistance (JAG) Program -Local Solicitation Grant. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs and Bureau of Justice Assistance have designated St. Lucie County to be the lead applicant and administrator for the 2009 Edward Byme Memorial Justice Assistance (JAG) Program - Local Solicitation Grant. Upon acceptance, this $116,436 award will be split 50/50 befinreen the St. Lucie County Sheriffs Office ($58,218) and the Ft. Pierce Police Department ($58,218). 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 conduct its own local initiative and provide the St. Lucie County Office of Management and Budget with the required expenditure backup documentation and reports required for reimbursement of grant funding. No matching funds are required. FUNDS AVAILABLE: 107162-2110-331210-200 Edward Byme Memorial (JAG) Grant PREVIOUS ACTION: June 16, 2009 - BOCC approval to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2009 Edward Byme Memorial Justice Assistance (JAG) Program-Local Solicitation Grant (2009-DJ-BX-1320) in the amount of $116,436. Budget Resolution No: 9-251. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) ' OMB Director ( ) ~I~V~n ~ Budget Analyst 1 Dan McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) 4 1~ E R / /r 5 ~ ~~P~i~~ Member National Sheriffs' Association :EN J. MASCARA • y, Member Florida Sheriffs' Association 700 West Midway Road, Fort Pierce, Florida 34981 ~ Telephone: (772) 461-7300 • Fax: (772) 489-5851 !G J C/ E CO MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Shen ~ St. Lucie County Sheriff's ffice, Administration DATE: Tuesday, September 1, 2009 SUBJECT: Request to accept the 2009 Edward Byrne Memorial Justice Assistance (JAG) Program -Local Solicitation Grant. ITEM NO. VI - F Background: The U.S. Department of Justice, Office of Justice Programs and Bureau of Justice Assistance has designated St. Lucie County to be the lead applicant and administrator for the 2009 Edward Byrne Memorial Justice Assistance (JAG) Program -Local Solicitation Grant. Upon acceptance this $116,436 award will be split 50/50 between the St. Lucie County Sheriff's Office ($58,218) and the Ft. Pierce Police Department ($58,218). 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 conduct its own local initiative and provide the St. Lucie County Office of Management and Budget with the required expenditure backup documentation and reports required for reimbursement of grant funding. Recommendation Staff recommends that the Board of County Commissioners authorize the acceptance of the 2009 Edward Byrne Memorial Justice Assistance (JAG) Program-Local Solicitation Grant (2009-DJ-BX-1320) in the amount of $116,436. Budget Resolution No: 9-251. `+~l'*- w RESOLUTION NO. 09-251 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Edward Byrne JAG Grant from the U. S. Department of Justice in the amount of $116,436. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 1st day of September, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 107162-2110-331210-200 U. S. Department of Justice $116,436 APPROPRIATIONS 107162-2110-581090-200 City of Fort Pierce $58,218 107162-2110-591900-200 Transfer to Sheriff $58,218 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 1ST DAY OF SEPTEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Department of Justice t`- s' Office of Justice Programs fiureau ol'Justice Assistance Officc of Justicc Programs R,...l,;,~e,,,~ n.c zns~t August 18, 2009 Ms. Faye Outlaw St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34984 Dear Ms. Outlaw: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 09 Edward Byme Memorial Justice Assistance Grant Program: Local Solicitation in the amount of $116,436 for St. Lucie County. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand Should you not adhere to these requirements, you will be in violation of the terms of this ageement and the awazd will be subject to termination for cause or other administrative action as appropriate. If you have quea~tions regarding this awarei, please contact: - Program Questions, Naydine Fulton-Jones, Program Manager at (202) 514-6661; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask_ocfoC usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, u James H. Burch II Acting Director Enclosures llepartment of Justice ;i Offiice of Justice Programs Office for Civil Rights R'a~hi~+gtoq D.C. 20531 August 18, 2009 Ms. Faye Outlaw St. Luc7e County 2300 Virginia Avenue Fort Pierce, FL 34984 Dear Ms. Outlaw: Congratulations on your recent award In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Olrce on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Fcdcral civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discrim~ating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals Iu accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S_C. ~ 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at blip://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Trestment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organisations the same as any other applicant of recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulstion also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage innon-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulafion, please see OCR's website at http:l/www.ojp.usdoj.gov;"ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable progam statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statutz that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrirn~nAtion in employment may be duetted to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant awazd, or the number of employees in the workforce, are subject to the prolu7ritions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrunination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional rcquircmcnts:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R § 42.301-.308, and (2) submitting to OCR Findings of Discruninalion (see 28 C.F.R 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If year organization has received au award fur $500,000 or more and has 50 or more employees (counting both full- and pazt-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 6U days from the date of thls letter. For assistance in developing an EEOP, please consult OCR's website at blip://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from au EEOP specialist at OCR by dialing {202) G1G-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review ou request. In addition, your organization has to complete Section B of the Certifu•,ation Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/ccop.htm. If your organization received an awazd for less than $25,000; or if your organization has less than 50 employees, regazdless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the ESOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting FindinKs of Discrimination In the event a Federal or State court or Federal or Sffite administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy ol'the lnding to OCR 1'or review. Ensuring the Compliance of Subrecipieats If your organization makes subawazds to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Fcdaral civil rights laws, including the requirements pertaining to developing and submitting an ESOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawazds must have in place standard grant assurances and review procedures to demonstrate that tbey are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Fcdcral funding, please call OCR at (202) 307- 0(190 or visit our website at htlp:!/www.ojp.ugdoj.gov/cx:r/. Sincerely, a. Michael L. Alston D~rec:tor cc: Grant Manager Financial Analyst 1 1 Dcpartmcnt of Justicc ' Office of Justice Pmgams a PAGE I OF 5 Bureau c?f Justice Assistance Crant ~,:n.~*~ 1. RECIPIENT NAME AND ADDRESS (including Zip Codc) 4. AWARD NUMBER: 2009-DI-BX-1320 St. Lucic County 2300 Virginia Avcnuc 5. PROJECT PERIOD: PROM 10/01200R TO 09/302012 FoR Picrce, FL 34984 BUDGET PERIOD: FROM 10/012008 TO 0913 02 0 1 2 ~ 6. AWARD DATE OR/1R/2009 7. ACTION IA. GRANTEE iRSNENDOR NO. 8. SUPPLEMENT NUMBER inmal 596000835 00 9. PREVIOUS AWARD AMOUNT S 0 3. PROTECT TITLE 10. AMOUNT OF THIS AWARD S 116,436 FY 2009 Justicc AsaiSKancc Grant Program 11. TOTAL AWARD $ 116,436 ~ 12. SPECIAL CONDiTiONS I THE ABOVE GRANT PROJECT iS APPROVED SUBIECT TO SUCH CONDTTiONS OR LiMTfAT[ONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT Thet projcct is auppottcd undcr 42 U.S.C. 3751(a) (BJA - TAG Formula) I5. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ALY:EP"1'ANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL ] 8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFF3CtAL I James H. lurch 11 Fayc Outlaw Acting Di`cctor County Admioiattator 17. SIGNATURE OF APPROVMG OFFICIAL 19. SIGNATURE OF AUTHORtZED RECB'iENT OFFICIAL t9A. DATE N ~ -~,s ~ AGENCY USE ONLY 20. ACCOUNTING CLASSiFICATTON CODES 21. IDJUGT2844 FISCAL FUND BUD. DiV. YEAR CODE ACT. OPC. REG. SUB. POMS AMOUNT X H DI BO 00 00 116436 UJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV.4-88) t Department of Justice Office of Justice Programs AWARD CONTINUATION s` Bureau of Justice Assistance SHEET PAGE z of s Grant PROJECT NUMBER 2009-DJ-BX-1320 AWARD DATE OR/1R2009 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the cuacnt edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is x violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of Stites, Local Govermnents, and Non-Profit Otgani7ations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. ~ 4. Recipient understandR and agrees that it cannot LLse any lederal funds, either directly or indirectly, in support ol'the enactrnent, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bnbery, gratuity, or ~ similar misconduct involving grant funds. This condition also applies to any suhrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avcnuc, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline(olusdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. oJP FORM aooaz ptEV. a-RR> i Department of Justice Office of Justice Progams AWARD CONTINUATION f Bureau of Justice Assistance SAEET PAGE 3 of s t ~°"'"~F Crant PROJECT NUMBER 2009-DJ-HX-1320 AWARD DATE 08/18/2009 SPECIAL CONDITIONS ~ 6. The gantee agees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impu:t analyses requirements in the use of these gent funds, either directly by the gantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the gent, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the gani, the gantee agees to coniact BJA. The gantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the gantee, a subgantee, or any third party and the activity needs to be undertaken in order to use these gaol funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; I b. Minot renovation or remodeling of a property located in an environmentally or historically sensitive azea, including properties located within a 100-year flood plain, a wetland, or habitat fur endangered spee:ies, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. lmplementation of a new program involving the use of chemicals other than chemicals that aze (a) purchased as an incidental wmponent of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education enviro~ents; and e. Implementation of a program relating to clandestine methamphetatnine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The gantee understands and agees that complying with NEPA may require the preparation of an Envirottmenffi1 Assessment and/or an Environmental Impact Statement, as directed by BJA The grantee further understands and agees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.govBJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Progams or Activities: For any of the grantee's or its subgantees' existing progams or activities that will be funded by these gent funds, the grantee, upon specific request from BJA, agees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 7. To avoid duplicating existing networks or I'I' systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 8. To support public safety and justice information sharing, OJP requires the gantee to use the National Information Exchange Model (1VIF.M) specifications and guidelines for this particular grant Grantee shall publish and make ~ available without restriction all schemes generated as a result of this gent to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www_niem_gov/implementationguide.php. 9. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agees to obligate and expend the grant funds in the trust fund (including any interest earned) doting the period of the grant. Grant funds (including any interest earned) not expended by the end of the gent period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the gent period, along with the final submission of the Financial Status Report (SF-2G9). OJP FORM 4000/2 (REV. 488) Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET Pnr,E a of s Grant PROTECT NUMBER 2009-DI-HX-1320 AWARD DATE 08/I8R009 SPECIAL CONDITIONS 10. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and ~ detailed by the BJA iu program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements will be monitored by BJA. 11. The recipient agrees that any information technology sysrtem funded or supported by OJP funds will comply with 28 C.F.R Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may he fined as per 42 U.S.C. 3789g(c}(d). Recipient may not satisfy such a fine with federal funds- 12. The recipient agrees to ensure thst the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds- In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to httpahi•ww_it.ojp.govldefault.aspx?area-policyAndPractice&page-1046. 13. The grantee agrees to comply with the applicable requirements of 28 C.F.R Part 38, the Departrnent of Justice regulation governing "Equal Treatment for Faith Based Organuations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization_ Recipients of direct grants may still engage in inherently religious activities, but such activities must be scpazate in time or place from the Departrnent of Justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not pemaitted to discrirn;nate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 14. The recipient acknowledges that all programs funded through subawazds, whether at the state or local levels, must ~ conform to the grant program requirements as stated in BJA program guidance. 15. Grantee agrees to comply with the requirements of 28 C.F.R. Pari 46 and all O1T'ice of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with rcquircatcnts of 28 C.F.R. Part 22 and, in particular, section 22?3. 17. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. OIP FORM 4000/2 (REV. 488) i Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance ~ SHEET PAC;F. s of s " Crant i PR07ECT NUMBER 2009-D1-BX-1320 AWARD DATE 08/1R!Z009 SPECIAL CONDITTONS 1 K. The grantee agrees that within 1211 days of award, for any law enforcement task force funded with these funds, the task ~ force wmmander, agency executive, task force officers, and other task force members of equivalent rank, will complete ' required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and j accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 19. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assis~ence, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special ~ condition. 20. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has rcvicwed and approved the Progtam Narrative portion of the application and has issued a Grant Adjustrnent Notice (GAN) informing the recipient of the xpproval_ 21. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Oft"ice of Justice ~ Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval- I i i OIP FORM 4000/2 (REV. 4-RB) Department of Justice g g Office of Justice Programs $ t' Bureau of'Justice Assistance Waehir~tne, D.C. 2053! Memorandum To: Official Grant rile From: Maria A. Berry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for St. Lucie County The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a j purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an lnvironmental Impact Statement, as directed by B.IA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.govBJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. L ofliee of Iustice Programs PROJECT SUMMARY s Bureau of Justice Assistance '~~.....M Grant PROJECT NUMBER 2009-DJ-BX-1320 I PAGE 1 OF 1 I This project is supported under 42 U.S.C. 3751(a) (BJA - TAG Formula) I i. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Naydine Fulton-Jones William R Simon (202) 5146661 ~ Grant Programs Administrator 4700 West Midway Road Fart Pierce, FL 34981 X825 (772)462-3359 3a. TITLE OF THE PROGRAM 36. POMS CODE (SEE INSTRUCTIONS ON REVERSE) ~ BIA FY 09 Edward Byme Memorial Justice Assistance Gmmn? Progrsm: Locsl Solicitation ' 4. TITLE UP PROJECT FY 2009 Justice Assistance Grant Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE St Lucie County ~ 2300 Virginia Avenue Fort Pierce, FL 34984 ' 7. PROGRAM PERIOD 8. BUDGET PERIOD I FROM: t0/O1RA08 TO: 09/302012 FROM: 10/012008 TO: 09/302012 9. AMOUNT OF AWARD 10. DATE OF AWARD ~ S 116,436 08/182009 11. SECOND YEAR'S BUDGET 12. SECUND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT I 15. SUMMARY DESCRIPT[ON OF PROTECT (See instmction on reverse) The Edward Rvme Memexial Jus[ice Assistance Grant Program (JAG) allows states and unite of Incal governments, including tribes, to support a broad range of activities W prevent and wnlrul crime based on weir own slate amt lue:al needs and conditions. Grant Cunds can be used Cur stale and local initiatives, lechnie;al assistance, training, personnel, cquipmc~t, supplies, contractual support, and information systrms for criminal justice, including for any one ~ more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) Planing. evah~ation, and kchnology improvement programs; and 7) crime victim and witness programs (other ihsn compensation}. SL Lucie County and the city of FL Pierce ate disparate jurisdictions. SL Lucie County will save as the fiscal agent The jurisdictions will share their Fiscal Year 2009IAG award in the amount of S116,436 equally. St. Lucie County plans b use its share of the award to pay 73 percent of ~e salary and benefits of one fidl- OJP FORM 40002 (REV. 488) i time Sex Offender Registration Technician Ft. Pierce will use ils share b purchase enhanced incar video capabilities and center consoles for in-car video systems ~ for t2 patnil yrs. Gram funds will not be used for administrative purpr5es. I NCA/NCF ITEM NO. VI-G DATE: 09/01 /09 • • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: 1Z.+~ Roberta Breene SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: White City Stormwater Drainage Project, Citrus and Saeger Avenues -Grant Application and Budget Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-4258, White City Drainage Improvement, Citrus and Saeger (pending BOCC approval) PREVIOUS ACTION: March 25, 2008 - BOCC approval of funding agreement with South Florida Water Management District for project design. RECOMMENDATION: Board authorization to submit a grant application to the St. Lucie River Issues Team for construction funding for a stormwater drainage project in the neighborhood adjacent to Citrus and Saeger Avenues. In addition, Board approval of Budget Amendment #09-038 moving $922,371 from Stormwater Reserves. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED - ( ) OTHER ~ ~ A roved 5-0 Faye W. Outlaw, MPA PP County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) I f~ Daniel McIntyre Marie Gouin Budget Analyst (X) Tawonna Joh on Originating Dept. (X) ~ Public Works (X) j(/ Director ~ , William Hoeffner D n West , III ~ Grants/Disaster Recovery e • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner Grants/Disaster Recovery Director FROM: Roberta Breene Grants/Resource Developer DATE: September 1, 2009 SUBJECT: White City Stormwater Drainage Project, Citrus and Saeger Avenues -Grant Application and Budget Amendment ITEM NO. VI-G Background: This item requests Board authorization to submit a grant application to the St. Lucie River Issues Team for funding not to exceed $931,429 toward the $1,862,589, Phase 2 construction cost of a stormwater drainage project along Citrus and Saeger Avenues. In addition, Board approval is requested for a Budget Amendment to move funds (Attachment 1). The proposed surface water restoration project will provide water quality and attenuation for stormwater runoff from a t42-acre residential neighborhood (Attachment 2). The stormwater currently flows directly into the adjacent North Fork of the St. Lucie River by way of an open ditch. The project will also change the timing of freshwater reaching the estuary, reduce nutrient loads discharging to the estuary, and increase the shoreline habitat in the estuary. The proposed project is for bidding and construction. St. Lucie County has acquired the land for the proposed wet detention pond improvements. St. Lucie County and the St. Lucie River Issues Team have funded equally the surveying, wetland delineation and construction plans. The County's required 1:1 match of $931,430 is available as follows: 102001-3725-563000-4258, White City Drainage Improvement, Citrus and Saeger (pending BOCC approval from Reserves 102001) _ $922,371 10200.1__-3725-563000-4258, White City Drainage Improvement, Citrus and Saeger = $ 9,059 Total $931,430 Recommendation: Board authorization to submit a grant application to the St. Lucie River Issues Team for construction funding for a stormwater drainage project in the neighborhood adjacent to Citrus and Saeger Avenues. In addition, Board approval of Budget Amendment #09-038 moving $922,321 from Stormwater Reserves. Attachment 1 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Grants 8 Disaster Recovery PREPARED DATE: 8/20/2009 AGENDA DATE: 9f1/2009 - ~ . _ _.a ~ :.C~OU~1~-J - ~ _ A~ : _f~~ITf~fA,A~~` ; _ _ A~V[OUT~L~ TO: 102001-3725-563000-4258 Infrastructure $922, 371 FROM: 102001-9910-599300-800 Reserves $922,371 REASON FOR BUDGET AMENDMENT: To transfer funds from reserves to be used for rant match for White Ci Stormwater Draina a Pro'ect. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: ~ ~0{~~ OMB APPROVAL: BUDGET AMENDMENT BA09-039 DOCUMENT # 8~ INPUT BY: I ~ Attachment 2 ~ ~ _ ~r-iA t£`~ ~ _ ~'h~ L t 1 ' . ; r. ~w w} ~ vn4"! s Yom'. =5. / 1'T_~e` ~2; {S ~ rt!`f ~ ~ 'lk,l"~y~, ~ r~'i~.~ ,fir a. s _y ~ ; a' t - ~ r ~ *+t~ ~ . ~4 ~ P ~ ~ ~ ~ ~ ~ ~ ~ }'}yyam ~e1 f . 4 7 !~,~~Y4 rn~ . 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VII-A ' ~ _ ~ DATE: September 1, 2009 ~ ~ ~ - REGULAR [ ] F 'L-: _ _ '~1-~ ~-'--1 J PUBLIC HEARING [x] +..irr3:-~ Vi'a' iii' 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: See CA No. 09-1073 FUNDS AVAILABLE: PREVIOUS ACTION: This Ordinance was heard by the Local Planning Agency on March 19, 2009, and April 16, 2009; and was recommended for approval. The Board of County Commissioner had its first public hearing on this Ordinance on August 18, 2009. RECOMMENDATION CONCLUSION: Staff recommends approval of Ordinance No. 09-007. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED _ [ ] OTHER: ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals +.,~Ci [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ]Road & Bridge.: )Parks & Recreation Director [ ]Solid Waste Mgr [ ]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: 09-1043 DATE: September 1, 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. The Board of County Commissioners held its first public hearing on the Ordinance on August 18, 2009. Comments made by Commissioner Grande have been incorporated into the Ordinance. RECOMMENDATION/CONCLUSION: Staff recommends approval of Ordinance No. 09-007. Respectfully submit ed, H ather Sperraz a due Assistant County Attor y 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-O1 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2,1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 St. Lucie County Land Development Code Adopted August 1, 1990 7 - 1 Revised Through 05/15/04 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-Oll 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 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 St. Lucie County Land Development Code Adopted August 1, 1990 7 - 2 Revised Through 05/15/04 ^^^-ro~;~o^*~_~ 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 statusT• Landscaping requirements also apply to, ~~t:~ all residential uses developments, including mobile home parks and subdivisions, single-family subdivisions, Planned Developments, 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. The landscape plans for all residential and non-residential uses developments, regardless of site plan status-r, including: mobile home parks, single-family subdivisions; final Planned Development 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 individual detached single-family (including individual mobile homes not located in a mobile home park), two-family, three-family residences, including those 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 St. Lucie County Land Development Code Adopted August 1, 1990 7 - 3 Revised Through 05/15!04 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 identil=fy 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 Pali-E r^'~r~° 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, 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 P~~ali-e T^T~r'~~ Environmental Resources Director. For the purposes of native tree protection, dimensional criteria in this section shall be reasonably flexible, with approval from the P~~li~ r-~^r'~° 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 *h° abutting street or road right-of-way and an~e€€ street:-ng'~'°' 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 St. Lucie County Land Development Code Adopted August 1, 1990 7 - 4 Revised Through 05/15/04 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 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 ~ac~ 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 awe permitted, however the wall or fence shall be placesd 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 St. Lucie County Land Development Code Adopted August 1, 1990 7 - 5 Revised Through 05/15/04 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 ea-E~ ever 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) square feet and shall have a minimum width of at least ten (10) feet and shall include at least one (1) shade tree of an appro riate species 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 an 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 shade tree of an appropriate species shall be provided for each terminal island. 4. Interior Landscape Areas No more than €ift:e~n 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 St. Lucie County Land Development Code Adopted August 1, 1990 7 - 6 Revised Through 05/15/04 landscaped area shall have a minimum width of ten (10) feet. One (1) shade tree of an appropriate species shall be provided for each interior island. 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 shade tree of an appropriate species 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 P~~li~ T^T~rU° Growth Management Director, in consultation with the Environmental Resources Director, the required number of parking and loading spaces is excessive for a specific use, the owner or agent may substitute landscaping in lieu of paving provided said areas are reserved for future parking and loading should the County find those are needed, and further provided: a. The owner of the land upon which such parking is being reserved shall enter into a written agreement ~ • r r i ~ ' nel~de a se'~emat:-}e~ert:raTal as t=om h ~r g a~ar~r; ng-and lead; ~~-areas can h~ pr^~~a~~ with the CountyT. ~e The agreement shall be filed with the Clerk of the Circuit Court, with enforcement running to the County ensuring that the St. Lucie County Land Development Code Adopted August 1, 1990 7 - 7 Revised Through 05/15/04 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. 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. St. Lucie County Land Development Code Adopted August 1, 1990 7 - 8 Revised Through 05/15/04 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 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney St. Lucie County Land Development Code Adopted August 1, 1990 7 - 9 Revised Through 05/15/04 1 St. Lucie County Plaiceling and Zoning Conunission%Local Planning Agency Commission Chambers, 3~~ Floor, Roder Poitras Annex ~ March 19, 2009 Regular 1~Ze~eting 5 6:00 P.M. 6 7 A compact disc recordinb of this meetinb, in its entirety, has been placed in the file along with these minutes as ; 8 of the record. In the event of a conflict between the ~~~ritten minutes and the compact disc, the compact disc sba 9 control. 10 11 12 L Call to Order 13 Chairman Mundt called the meeting to order at 6:04 p.m. 14 15 A. Pledbe of Allebiance 16 17 B. Roll Call 18 Craig Mundt .......................................Chairman 19 Susan Caron .......................................Commission Member 20 Brad Culverhouse, Arrived 6:20........Conunission Member 21 Pamela Hammer .................................Commission Member 22 Edward Lounds, Arrived~6:08............Comrnission Member 23 Stephanie Morgan ..............................Commission Member 24 Britt Reynolds ....................................Commission Member 25 John 0'Neill .......................................Commission Member 26 Kathryn Hensley ................................Ex-Officio 27 28 Members Absent 29 Barry Schrader ...................................Vice Chair, Excused 30 31 Others Present 32 Mark Satterlee ....................................Director, Growth Management 33 Robin Meyer ......................................Assistant Director, Growth Management 34 Heather Young ...................................Assistant County Attorney 35 Heather Lucke ....................................Assistant County Attorney 36 Amy Mott ...........................................Environmental Regulation Manager 37 38 C. Announcements 3'~ None. 40 41 I~. Disciosures ~-°:2 None. 'i 3 Iv1s. Milone read Mr. Culverho~lse's voting conflict (Provences DRI, Febnlary 19, 2009 Planning ~ Zoning Commission Meeting) into the record. _7 II. i~~Iinutes i 1 Review the minutes from the February 19, ?009 regular meeting, for 2 approval. 4 ~'Irs. Hammer motioned to approve the minutes with a number minor corrections. 5 6 These corrections have been made. 7 8 Mr. Reynolds Seconded. 9 10 The motion carried unanimously. 11 12 13 III. Public Hearings 14 15 A. St. Lucie County Attorney's Office: Ordinance No. 09-001 16 (f/kla Ordinance No. 08-034) 17 Petition of St. Lucie County to adopt Ordinance No. 09-001 which, if 18 adopted, would define "changeable message signs" and add changeable 19 message signs to the list of prohibited signs. The Ordinance proposes to 2p prohibit changeable message signs because of the negative effects 21 (distractions) ~on the driving public. 23 24 Ms. Young, Assistant County Attorney recommended to the Commission that the public hearing 2~ on this item be continued to a date certain of April 16, 2009, at 6:00 p.m., or as soon thereafter. y 26 27 Ms. Young explained she had not yet received all responses from the representatives of the sign ?8 industries that were sent proposed Ordinance No. 09-001 (f/k/a Ordinance No. 08-034 (Clear 29 Channel Outdoor and Lamar). 30 31 Chairman Mundt opened the public hearing. 3~ 33 No one from the public spoke. ,-.r 3~ Chairman Mundt closed the public hearing. 36 37 1~~Trs. Hammer motioned to continue these to April 16, 2009 ns soon thereafter as possible. 38 Ms. Morgan seconded. 39 The motion carried unanimously. 6-0 (~~Ir. Culverhouse and Mr. Lounds were not present for this vote). B. St. Lucie County Attorney's Office: Ordinance No. 09-007 1 2 Petition of St. Lucie County to adopt Ordinance ~o. 09-007 amendin; the 3 Land Development Code Section 7.09.00, this section sets out beneral 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 1~ 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 1 ~ 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 Firn1 .of Ruden McClosky requested the 23 Commission return the item to staff for further refinement. 2~ 2~ Mr. Ferguson was concerned about whether one tree (oak trees) every thirty linear feet along the 2b 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. 2g 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 3b reviewing landscape plans in conjunction with the St. Lucie County Environmental Resources 37 Department (ERD). ~8 39 The Commission had a lengthy discussion on this matter. 4' 1 IFAS will be added to Growth Management Department, Development Review Committee list (DRC). -'.3 This addition will allow li~AS to consult or ccmment to ERD on projects submitted to the ' Growth Management Department. -~-5 Chairman Mundt closed ti~° publl~: Qarina. 1 ~Ir. Lounds motioned to include IF AS in reviewing and making comments on this 2 ordinance and in subsequent changes in Chapter Seven of the St. Lucie County Land Development Code. ~ ~~Ir. Culverhouse seconded. 6 7 The motion carried unanimously. 8-0 8 9 Before the motion was made Mrs. Hammer noted some points of correction to the 10 ordinance. 11 12 Ms. Morgan motioned to continue these ordinance revisions to the Planning & Zoning 13 Commission Meeting on April 16, 2009 at 6:00 p.m. or soon thereafter as possible. 14 15 ~Ir. Reynolds seconded. 16 17 The motion carried unanimously. 8-0 18 19 C. Terissa Moulder -Aronson: RZ 520081470 20 Petition of Terissa Moulder-Aronson to accept request to withdraw the 21 application of a change in zoning from the RS - 4 (Residential, Single - 22 Family - 4 du/acre) Zoning District to the CN (Commercial Neighborhood) 23 Zoning District. 2~ Mr. Meyer explained that Terissa Moulder- Anderson has withdrawn her application. 26 27 Mrs. Hammer motioned to accept Terrissa Moulder-Aronson's letter to withdraw. ~g 29 Ms. Caron seconded. ,0 31 The motion carried unanimously. 8-0 ,2 Id. ®ther Business 4 1 A. Growth il~lanagernent Director - Status of Planning and Zoning ~ Com~.~ission's review of proposed amendments to Chapters 10, ? 1. and 1?, 3 Land Development Code. 5 St. Lucie County Growth Management with the Planning & Zoning Commission has scheduled a 6 workshop on Monday, April 6, ?009 at 5:00 p.m. in the Board of County Commissioners 7 Conference Roon7 3, to further discuss the proposed draft changes to Chapter 10 and 1? of the St. 8 Lucie County Land Development Code. 9 10 B. Planning and Zoning Commission -Review proposed amendments to Section I 1 11.00.00, Land Development Code. 12 13 The Planning & Zoning Commission held a warkshop on the first seven pages of Chapter Eleven 14 of the St. Lucie Land Development Code that lasted approximately one hour and thirty minutes. 1~ 16 V. Adjourned . 17 18 There being no further business, the meeting and workshop were adjourned at 7:45 . 19 p.m. 5 1 St. Lucie County 2 Planning and Zoning Commission,~Local Planning Agency 3 Commission Chambers, 3rd Floor, Roger Poitras Annex 4 April 16, 2009 Regular Me~etil7g ~ 6:00 P.M. 6 7 A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as I 8 of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc sha 9 control. 10 11 12 I. Call to Order 13 Chairman Mundt called the meeting to order at 6:07 p.m. 14 1 ~ A. Pledge of Allegiance 16 17 B. Roll Call 18 Craig Mundt .......................................Chairman 19 Barry Schrader ...................................Vice Chair 2p Susan Caron .......................................Commission Member 21 Brad Culverhouse ...............................Commission Member 22 Pamela Hammer .......................:.........Commission Member 23 Edward Lounds ..................................Commission Member 24 Stephanie Morgan ..............................Commission Member 2> Britt Reynolds ....................................Commission Member 26 John O'Neill .......................................Commission Member 27 Kathryn Hensley ................................Ex-Officio ~8 29 Members Absent 30 None 31 32 Others Present 33 Mark Satterlee ....................................Director, Growth Management 3~ Kristin Tetsworth ...............................Planning Manager, Growth Management 3, Kara Wood .........................................TVC Manager, Growth Management 36 Heather Young ...................................Assistant County Attorney 3~ Heather Lueke ....................................Assistant County Attorney 38 Amy Mott ...........................................Environmental Regulation Manager 39 Michael Brillliart ................................Growth Management, Capital Improvements =10 Manager ^-.1 Jennifer Evans ....................................Environmental Planning Coordinator - TVC _ C. Announcements - - None. - D. Disclosures None. 1 1 3 IL Minutes 4 Review the minutes from the >tlarch 19, ?009 regular meeting, for S appro~ai. 6 7 ~~Irs. Hammer motioned to approve the minutes with minor corrections. 8 9 These corrections have been made. 10 11 Vice Chair Schrader Seconded. 12 13 The motion carried unanimously. 14 15 III. Public Hearings 16 17 Chairman Mundt changed the agenda items order due to the length of discussion. 18 Agenda Item B to A 19 ~ Agenda Item C to B 20 Agenda Item A to C 21 22 B. St. Lucie County Attorney's Office: Ordinance No. ~09-001 23 (f/k/a Ordinance No. 08-034) 24 Petition of St. Lucie County to adopt Ordinance No. 09-001 which, if 2~ adopted, would define "changeable message signs" and add changeable 26 message signs to the list of prohibited signs. The Ordinance proposes to 27 prohibit changeable message signs because of the negative effects 28 (distractions) on thedriving public. 29 30 31 Ms. Young, Assistant County Attorney recommended to the Commission that the public hearing 32 ~ on this item be continued. Ms. Young explained that the attorney's office is continuing to review 33 this ordinance with the sign companies. 3~! 3~ Ms. Young recommended that the Commission not proceed with the ordinance and hopefully the 36 ordinance will brought back at a later date. 37 38 Chairman Mundt opened the public hearing. i9 a0 Ray Murankus, St Lucie County Utilities, Protect Manager explain that the Utilities Department 41 would like to include lan~uaQe 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 l~Iundt closed t he public hearing. 1 ~lrs. Hammer motioned to cancel the public hearing. 3 Ms. Caron seconded. ~ The motion carried unanimously. 6 7 G St. Lucie County Attorney's Office; Status Report on the Proposed ~ Impact Fee Methodology update 9 Petition of St. Lucie County to amend Chapter 1-16.6 "Public Buildings 10 Impact Fee", Chapter 1-17 "Roads Impact Fee", and Chapter 1-1~ "Parks 11 Impact Fee" of the Code of St. Lucie County. 12 13 Mr. Satterlee, Growth Management Director explained to the Commission, that because of on 14 going changes to the Impact Fee Methodology Update he would like this item to be continued u1 15 order for the public to have more time to review the information. 16 17 Mr. Culverhouse, Vice Chair Schrader and Ms. Morgan reiterated the need for the public to 18 have more time to review the code. 19 ~0 Mr. Brillhart, Growth Management, Capital Improvements Manager stated that the Impact Fee 21 Methodology Update has been available on Growth Managements web site since March 31, ?009 2? aild staff is still in the process of reviewing the item. ~3 24 Chairman Mundt opened the public hearing. 6 No one spoke. ~7 28 Chairman Mundt closed the public hearing. ?9 30 1\1r. Culverhouse motioned to continue this item to the Planning & Zoning Commission ?Meeting 31 on June 18, ?009 at 6:00 p.m. or soon thereafter as possible. 32 33 Ms. Morgan seconded. 34 3 ~ The motion carried unanimously. 36 37 Mr. Satterlee agreed that this item would be posted on Growth management's ~~eb site by 38 June 1, ?009. 39 40 A. St. Lucie County Attorney's Office: Ordinance \o. 09-007 i 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 i=3 single-family subdivisions. Several scriveners' errors and some confusing 3 1 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 1~ parking spaces, to 4 landscaping every 10 spaces, to match the previously -adopted parking ~ 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. Lueke stated that Johnathan Ferguson, Attorney, with the Law Fim1 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. 2~ . 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 w~ 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). 1Q ?1 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 ?3 Departments. He question how staff would deal with a subdivision that comes in on an existing =s public right-of--way, no improven.ents required (simple division of property) is the applicant required to landscape and in-igate the public right-of way and if so who would maintain this ~ right-of way. He stated these issues are not addressed in this o; dinance and when these questions 4 1 need to be addressed they will cause Greater levels of confusion and consternation as applicants 2 move down the development review process. He feels this issue is solvable, but needs to be 3 addressed. 4 ~ Mr. Murphy does not feel this ordinance was passed out to the practioners for comment and 6 input. His last question was why ERD detern~ine whether or not parking is adequate within a 7 particular project. He feels this should be left as a Growth Management function. 8 9 Mr. Murphy requested that the Planning & Zoning Commission send this ordinance back for a 10 redraft and additional input is considered from other departments and individuals. 11 12 Ms. Mott told the Commission she would review Mr. Murphy's requests and answered the 13 questions she felt were addressed in this ordinance. 14 1 ~ Ms. Lueke stated it did not occur to staff to ask practioners for comments. She stated that as far 16 as staff is concerned this portion of the ordinance is not new. 17 18 Chairman Mundt closed the public hearing. 19 20 Mr. Lounds was concerned about the placement of foundation trees that are placed in right-of 21 ways of a development. Over time utilities would be affected by foundation tree placements in 22 the right-of way. ~3 24 Mr. Culverhouse echoed Mr. Lounds concerns. 26 Mr.Satterlee stated that this issue should be considered as infrastructure, which over time would 27 have to be addressed. ~8 29 Mr. Schrader suggested that "shade" (for the type of trees) be used throughout this ordinance. 30 31 Ms. Mott agreed. 32 33 iVirs. Hammer motioned to forward draft Ordinance 09-007 to the Board of County 34 Commissioners with included comments that were raised during the public hearing and by 35 the members of the Planning & Zoning Commission. 36 y _ ~~Ir. Reynolds seconded. 38 39 The motion carried unanimously. 40 l =!2 D. Sunset Beach PtiD: PUD 06-023 Petition of Sunset Beach Investments, LLC a Georgia Limited Liability ~ Company, requesting a y~avier from Comprehensive Plan Policies 81.14? 1 a,ld 8.1.14.5; and Preliminary Planned Unit Development Site Plan approval for the project to be l:norvn as Sunset Beach PLED. h~Ir. Culverhouse disclosed that he received a phone call from a representative of the 4 applicant that lasted about three and one-half minutes. i 6 Ms. Tetsworth, Growth Management Planning Manager explained to the commission that the 7 Petition of Sunset Beach Investrz~ents, LLC, a Georgia Limited Liability Company, a 44 unit 8 residential project on 29.15 acres of laald 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 Apri13, 2009. 13 14 Ms. Tetsworth stated this is a waiver from the Coil~prehensive Plan Policies 8.1.14.2 and 15 8. L 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 2~ 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 r~iust 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 road~~.~~ay, 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 3 ^ to allow construction of an access roadway, lift station and pool parking. 3j 36 Ms. Tetsworth continued stating exemplary aspects of the project are, common open space 37 provided equals 36.4°io 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 4~.6% of the site, 39 proposed density equals 1.5 du/ac., whereas the allowable density would be 4 units/ac., ''G development areas will occupy only 18.18% cf the site and are designed to limit the impacts on 1 the wetlands to the greaiest extent possible, a f~;al point is provided in the cul-de-sac at the end n 1 of Sea Pearl, the recreation area will include a swimming pool with restrooms for all residents to 2 use. Further exemplary aspects are detailed lighting plan illustrating bollard style lighting to 3 reduce negative glare impacts on wildlife with additional restrictions on all exterior lighting on 4 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 6 provided, a Preserve Area Management Plan is provided for the perpetual maintenance of all 7 proposed conservation areas, conservation easement is required for the Dune Preservation Zone, 8 and Wetland Preserve Areas, one credit from the Bear Point Mitigation Bank has already been 9 reserved and the site design allows for all of the proposed lots to abut the dune preservation zone 10 and ultimately face the Atlantic Ocean. 11 12 Jennifer Evans, Environmental Resources explained to the Commission the environmental 13 aspects of this project. This site is a category one (1) wetland due to the hydraulic connection it 14 has to the larger tidal wetland system of Hutchinson Island and the Indian River Lagoon. Per 15 Cor~lprehensive Plan Policy 8.1.14.3 a category one wetland waiver that states preservation of 16 wetland precludes all reasonable econonucally viable use of the property and which applied 17 would result in a taking of the property and must be approved by the BOCC. Since the buildable 18 uplands on this site can only be accessed through the wetland if the impacts associated with the 19 access road it could be considered a taking. 20 21 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 23 devoid of vegetation they will be required to replant which is in their Preserve Area Management ?4 Plan. ~j ?6 Travis Walker, Weiss Handler spoke on behalf of the applicant. 27 28 Mrs. Hammer questioned the parking, the cookie cutter blocks of forty foot wide lots with 44 lots 29 jammed in and question the report submitted by Weiss Handler. 30 1 Mr. Walker stated through his work with staff the 1_~roject has been greatly diminished in size and 3~ impacts. Cynthia Angelos stated that the report is old. 35 Mrs. Hammer questioned why they were getting old reports. S Ms. Tetsworth stated that some of the information that was received was submitted to the ~9 commissioners as a courtesy because it was part of their original application back in ?006. 7 1 Chairman Mundt questioned if the City of Ft. Pierce has looked at this applirution. 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 ~~ill supply the reclaimed water. J 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 himley-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 Chairman Mundt opened the public hearing. 12 13 Jeff Mitchell, Real Estate Agent and property owner on North Beach spoke in favor of the 14 project. 15 16 Chairman Mundt closed the public hearing. 17 18 Mr. Lounds emphasized the need to preserve the wetlands and dune lines. 19 20 Ms. Caron suggested alternative technologies such as green technologies. 21 22 Dune restoration will be done before the homes are built. 23 2~ Ms. Morgan motioned that after considering the testimony presented during the public 2~ hearing including staff comments the Local Planning Agency recommend that the St. Lucie 25 County Board of County Commissioners grant approval to the application for Preliminary 27 PUD Site Plan Approval for the development known as Sunset Beach subject to the 28 limiting conditions Ms. Morgan feels this project is a perfect fit and an asset to St. Lucie 29 County and commended the developer for all the hard work with working with staff and 30 staff with the developer. 31 32 Vice Chair Schrader seconded. 33 Roli Call 3~~ Mr. Culverhouse -yes ~ r,~~. Lounds - yes 37 Mr. Reynolds -yes 38 Mr. O'Neil -yes 3c Ms. Kammer - no Ms. Caron -ves Vice Clair Schrader -yes 1R~Is. l~Iorgan -yes Chairman Mundt - vLs R 1 1\Iotion passed 8-1 ~~~ith lV'Irs. Hammer dissenting. 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 zoninb 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 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. 23 The Shinn Road Equestrian Estate site plan proposes 106 single family lots between 1 and ~ 24 acres each. A total of 80% Open Space is provided, but only 35% of this is outside of private 2~ yards. 25 2 7 Ms. Wood then compared other approved PUD's with this application: ?g 29 Shinn Lakes PUD approved November 20, 2007 has 7~ 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 3? in private yards. 34 Hunter's Run PUD approved May 16, 2007 has 67 lots, l.T-6.74 acres each, on 407 acres a total of 80°io Open Space is provided. While some of the open space is included in private yards, most ~C is common open space with uses consistent with the intent of the code and Comp Plan, such as 7 restored and preserved hammock. Ms. Wood concerns are that there is no proposal for how this open space would be regulated or maintained consistent with the stated purpose of open space in the Land Development Code. 9 1 Section 7.01.03.LZ.c of the Code outlines that "A11 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. J 6 The proposed site plan is inconsistent with,AG-~ 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. 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 fewv,~ years in the county as to how 32 the open space is to be applied, specifically with agricult'ral PUD's. 33 Mr. Ferguson suggested to staff in his comments and he q~iotes "drat common open space will be dedicated to Home Owners Association and a restrictive covenant will be placed on individual 36 lots suggesting a condition with language similar to the follov~~ing (negotiable with staff that ~7 would be put on the plat and be part of covenants that would nm with the land. The obstructed area of each lot (open space is defined in the Land Development Code (LDC) as unobstructed _ - area, basically any area that is open to the sly). P~Tr. Ferguson stated there is no quality ecmporent of the open: space definition in the LDC, raking it pervious (open or accessible to 1 (1 1 reason, feeling, argument, etc.) it is considered open space". ~w'ith 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. 2~ 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 bern~ on the subject's side of the canal would not reduce the noise level of the 30 chimps, stating the fiirther 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 ~2 comments to staff but Mr. Ferguson stated in was not in any staff comments that he received. , 3~ He also disagreed with staff's recommendation of denial and many of the conditions included in 3~ the resolution feeling they are not merited by the Comp Plan or the LDC. h 7 IV1r. Ferguson in closing thinks the project's site plan meets the intent of the Comp Plan and LDC S for an Agricultural Planned Unit Development and an Equestrian Community respectfully requesting the Commission forward to the BOCC with a recommendation of approval. 11 1 Ms. ~~'ood stated ~a:hen 1~~Ir. Ferguson responded to all of staffs 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 Preser~~e representatives that a declaration to be made in the HOA ~ documents that the chimp use exists and for the additional buffer. Ms. Wood stated that these ~ requests were refused as well (she received this information anecdotally: based on personal 6 obser~~ation, case study reports, or randui~~ in~~esti~rations rather than s~~~tematic scicntitic 7 evaluation: arts~~~clut~ll c~i~i~le~nc~~~.). 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 1 ~ 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 Shirul 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. ~4 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) ;2 ?3 There was opposition between the Commission Members. 4 The recommendation of denial by staff was of great concern to some Commission Members. J5 Other Commission Members thought this project would be a great addition in St. Lucie County. 38 ~9 Ms. Morgan reiterated to Mr. Ferguson "if a!~yone who plans on purchasing a home in this -'J development would be told about the chimpanzees, the noise, the screaming or whatever and wren you go out into an area 1i1,_e that you're going to expect something like that and it's buyer beware". Ms. Morgan Then asked "did you not say something like thzt". 1 Mr. Ferguson told Ms. Morgan she was correct. Mr. Ferguson replied, "that anyone buying in 2 that type of area in today's environment, any seller would be crazy not to have full disclosure 3 (Ms. Morgan said "exactly") of anything and everything that might occur in an Ag. Area so yes". 4 5 Ms. Morgan repeated disclosure, disclosure, disclosure and stated she thinks that this is a 6 wonderful project. 7 8 Vice Chair Schrader stated his agreement with the last few comments. The fact that the applicant 9 is willing to give setbacks for the chimpanzees, and this is needed. He went on to say he has 10 heard the word intent about thirty times now based on the twenty eight rules. He also stated he 11 can not work off the intent he can only work off the policies that he is given and he thinks it does 12 match and he does want the convent if Mr. Ferguson would allow it would be something Vice 13 Chair Schrader would ask for to maintain the open space including the yards, but otherwise the 14 project is ideal, well suited and need in the area. 15 16 Chairnian Mundt asked about the Ag. Land Conunittee. 17 18 Ms. Caron stated she was the Vice Chair of that committee and the committee went back and 19 forth month after month and the direction from the BOCC actually was changing. Nothing has 20 come to pass on the agreement and yes the committee did make several recommendations to the 21 BOCC which lays in the hands of the BOCC. 23 Mr. Mundt then asked Heather Young, Assistant County Attorney if she had taken a look at the 24 staff report and has the County Attorney made a determination. 25 26 Ms. Young replied that they have reviewed the staff report but are not involved in the process of 27 drafting them. Ms. Young went on to say, when making your recommendations you need to 28 address whether or not you want to include all twenty eight conditions as part of that 29 recommendation. 30 31 Mrs. Hammer's biggest concern was designating open space on private lots. She wanted to know 32 who is going to enforce it because the HOA Board of Directors is not going to go out and tell S3 someone that they can't do something on their lot and that it has to be open space. It's difficult 3-1 enough when it is Upland Habitat Preserve and trying to make home owners follow regulations. 3~ Prohibiting a private owner not caring if it is in the covenant or rules and sign on the dotted line 36 it is not going to happen and a HOA is not going to enforce it. This is~why Mrs. Hammer 3 believes the intent was to create eighty percent open space thirty five percent of that hunk of 38 space would be common open space and the housing units would be on the rest of the land so 39 that it would be a contiguous area of open space. s~ -11 Mr. Lounds asked if the Building Department reviewed plans for setbacks and such would that 4 ' not be a red light. ,1 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 Ms. ~~'ood stated the Building Department ~~~ould enforce the basic requirements of the code in 2 tern7s of set backs, lot coverage and maximum impervious area. She presumes the applicant (she 3 stated "reaching here") does not specifically designate on the plan which areas are open space in 4 the lots so in that way a home owner could decide which areas are the built areas and which the ~ open space areas are. 6 J Mr. Lounds and Mrs. Hammer discussed how the Building Department enforces basic 8 requirements of the county in zoning district not in a HOA. 9 10 Mrs. Hammer reiterated different set back requirements. Stating you need to preserve open 11 space; the County Building Department is not going to look at the association's rules and 12 regulations. It would not even matter if you had a strong HOA. At the Building Department 13 applicants have to sign a document that states they have approval of the HOA.The Building 14 Department does not check. Residents have signed that they have approval when they have never 15 gone through the Architectural Review Committees of the local HOA. 16 17 Mr: Ferguson respectfully disagreed with Mrs. Hammer's opinion. 18 19 Mrs. Hammer stated this is the experience she has had. 20 21 Mr. Ferguson stated he hopes that the County Building Department is looking at restrictions on 22 the plats and not letting people build where they are not allowed. The restrictions on the plat are 23 the document the Building Department is supposed to look at and enforce. Mr. Ferguson 24 suggested the restrictions can be on the.plat and in the covenants that would run with the land. In 2~ this case the Building Department and HOA can enforce the open space requirements. 25 27 Mr. Mundt stated he did like the idea. The unfortunate dilemma he is faced with is staff 28 recommendation and the number of objections they have with the project. Without clarification 29 from the BOCC in making allowances, he feels bound by the code and the interpretation that 30 they have from both staff and the legal department. 31 32 'here were two motions made: 33 34 Mr. Lounds motioned "that after considering the testimony presented during the public 3~ hearing including staff comments I hereby move that the Local Planning Agency 36 recommend that the St. Lucie County Board of County Commissioners grant approval to 37 the application for Preliminary PiTD Slte Alan Hppro;a al for the development known as 38 Shinn Road Equestrian Estates with tlae ccnsidc:-ations and comments by staft' in their 39 recommendation to deny as part of m-.' motion, teat the comments from the Planning & 40 Zoning Board be included in that motion, and the reason that I move for approval is that I =ll think that we need to move it on to the county, let thQ County Commissioners rnake those 42 decisions to resolve the iss.aes that staf~ has to have and has had to deal with the rules ~ eoncerning a unit like this, and I migla#, e?~? I con3use everybody? I thick this is a very unique rule, a very unique I'~J~'+, it's outs~de the urban service area, it is designed for ~ equestrian use, it has ps~sitive merits, because of rides in our Comp Plan staff has to deny some of those consideratior:s, but I think we need to move it on to the county one ~vay or 14 1 the other. I feel it is a good reason, I move to approve is that I think it is refreshing. I think 2 this period of time in St. Lucie County we need to have Borne newer development come 3 before us and I move to approve". 5 Mr. Schrader stated, "let me just understand what I am seconding if I can. So what you're 6 saying is we're going to approve with the staffs recommendations of denial and their 7 recommendations for the twenty eight changes or conditions. Is that correct"? 8 9 Mr. Lounds answered no. He replied, "my motion is that we recognize the fact that staff 10 has denied, that there is a great difference between some of the denials that they are asking 11 for because of the uniqueness of the development itself. That we are passing it on with 12 approval for clarification from the BOCC (period). If somebody wants to add something to 13 that to make it clearer. 14 1 ~ Chairman Mundt stated "I would like to have a second then get into discussion if we may". 16 17 Mr. Culverhouse seconded. 18 19 Chairman Mundt opened for discussion. 20 21 Mr. Culverhouse asked Mr. Lounds "if it was his understanding that you're moving the 22 approval of the project (Mr. Lounds answered; correct) but your motion does not include 23 the limiting conditions by staff other than that the BOCC should consider them". 2~ Mr. Lounds answered; "correct an example of what I'm talking about is the sidewalk 26 pathway area along Shinn Road. To ine that is ludicrous and I understand that staff has 27 got to say because of rules and regulations the paper says I gotta have it, somewhere along 28 the line we don't need it. It's that type of predicament that staff catches themselves in they 29 can not over ride what is in the documents that says they have to use these guidelines. But 30 every now and then a development like this comes before us that says we don't need a path 31 along Shinn Road, if this was on Jenkins Road you bet, I'd be all for putting a path on 32 Jenkins Road put a fence on it so we can keep people off of it, keep the cars off the people. 33 But not on Shinn Road, not on Carlton Road, not on Sneed Road, not on Header Canal 3=1 Road you're in a different world folks and there's got to be some other considerations so 3~ that these developments of this type can move on and get out in the community where these 36 developments for basically other land growing crops, citrus, tomatoes and such have you 37 can still be a semi type Agricultural Development. They aren't calling this an Ag. PL?D, but 38 clearly equestrian facilities is agriculture. end I"d rather see this then I would four houses 39 on one acre with five hundred houses in it. Now you know, Chairman I don't know 0 whether I've further confused the issue or not but". Chairman Mundt stated "I think we better stop there l~'Ir. Lounds before we get any '3 deeper". i~Is. Wood stated "for my own clarification what I understood Mr. Lounds to say basically is that the motion is to approve, recommend appro~ al to the BOCC fvith the recommended 1~ 1 conditions that are in ti.e staff report but also with eac-eful consideration about which of 2 those con~?itions is really appropriate to this project". '•Is that essentially what you said? 3 (3'Ir. Lounds comment is inaudible). Ms. y'4'ood answered alright great thank you''. 4 ~ Chairman Mundt stated `'thank you for the clarification". 6 ? 7 l~~Ir. Culverhouse stated; "I don't know iE that's what I understood. I understood the 8 motion was to (and he seconded) motion was to approve the application of Stiles 9 Development for a Preliminary Planned Unit Development approval without the twenty 10 eight conditions being part of the approval but with the request that the BOCC consider 11 the twenty eight recommendations (Mr. Lounds interjected "same type of thing Mr. 12 Culverhouse)". Mr. Culverhouse replied "is that what you mean". Mr. Lounds answered 13 "Yes we're there" 14 15 Chairman Mundt asked "you want the twenty eight conditions considered, but not a part 16 of it". 17 18 Mr. Culverhouse replied "but not a part of it." 19 20 Mr. Mundt replied "is that clear everybody. The motion is to move it with approval to the 21 BOCC with the twenty eight items not as a part of it but to be considered. Is that it Mr. ' 22 Lounds"? 23 24 Mr. Lounds replied "that's fine with me". 25 26 Mr. Mundt asked "Madam Chair, Madam Chair, Madam Secretary would you please call 27 the roll". 28 29 Roll Call 30 Ms. Morgan -yes ma'am (Secretary asked "yes to) lti1s. Morgan replied "yes 31 to the motion" 32 Ms. Hammer - no 33 Mr. Reynolds -yes ma'am to approve 34 Ills. Caron -no ma'am 3~ Mr. O'Neil - no ma'am Mr. Lounds -yes ma'am 37 Ig?~r. Culverhouse - ~f~es ma'am ~8 Vice Chair SchradLr - na ma'am, "'out I'or tl:e, the only reason I'm no is j because this doesn't ado'; ess keyp?, ;the lots ope::, t;~ere ~~~as nothing in the motion that required those lots be kept open, otherwise I would vote for it, but in this case no. l NIr. Mundt - no ma'am, Chairman 1llundt I'm sorry a~ ~3 Chairman Mundt asked the reco~ diva seoretar-a "you're ou# of sequpncP, right"? Itils. 1'~'lilone, Recording Secg Mary) rel:,Iiecl "am I, I cor?'t knovr, w..1 I tnissirg someone. I think I got everyone. 3~flu're lint". idlr. 1'Y117.~1f1t "repii°+~ "eyeryi~~ily Voted"? 15 1 'VIr. 1lundt stated "you have five nays and four ayes". Ms. ~Iilone asked 1~~Ir. Mundt "what are you, I'm sorry NIr. Mundt. He replied `'nay". 4 i~~1s. Nlilone replied "five nays and four ayes". 5 6 Chairman Mundt repeated "five nays and four ayes, all right thank you". 7 8 Mr. Culverhouse replied "Mr. Chairman". 9 10 Chairman n~lundt, "Mr. Culverhouse". 11 12 Mr. Culverhouse stated "My understanding that Mr. Ferguson said they would agree to 13 something being placed so that the lots except for the building, except for the; would be 14 kept open and that they would be covenants with the land and also on the plat, so that 15 would seem to be a, a, or if I could ask Mr. Schrader what would". 1~6 17 Mrs. Hammer interjected "the point of order is that we already had a vote ,the application 18 was denied it would have to be someone on the prevailing side to bring something up again, 19 could we get on to the nest step". 21 Mr. Culverhouse stated "excuse me, excuse me ma'am and I think there was a 22 misunderstanding so I am asking that because my understanding that there was 23 restrictions". Mrs. Hammer asked Chairman Mundt "I'd like an opinion from you". 26 27 Chairman 11lundt replied "I agreed with Mrs. Hammer that a prevailing side vote would 28 have to bring the issue further". 9 ~1r. Culverhouse replied "then anyone who voted no could move to reconsider anybody can 1 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 lone to include to address Mr. Schrader's 33 concerns so that it would be 3~ ~ Chairman i~'Iundt reiterated ``that an individual from the prevailing side would have to 7 bring the issue back". ~v'ice Chair Schrader stated "and I would like to bring that issue bacl: 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 teat's the onl~~ reasan I turned it ti~yvn. iL1v 17 1 understanding I~Tr. Choir ~~~as that ~~-;~ile it ~;~as agreed to at no point on the twenty eight recommendations or the first and second didn't include that and that is important to me 3 that we maintain that open «~hether «~e call then ~°ards or open space whatever you want to 4 call it. It is very important that we keep That open". 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 understandin 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 hventy eight that are 1 ~ gomg 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 ~'0 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". ~4 ?5 Vice Chair Schrader stated "and okay maybe I misunderstood it because I highlighted that ~6 but I'm not asking that the applicant identify where they are going to build stuff. I want to maintain open space, so I misunderstood that to mean this is going to remain open this 23 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 3 i it was obstructed or unobstructed was the words used, and that's important to me that 3 ' percentage not the actual location that's going to be obstructed versus unobstructed". , Ms. Wood answered "okay". ~ 36 Mr. Lounds and Mrs. Kammer simultaneously replied "Mr. Chairman" 3% Chairman Mundt answer ed "Mr. Lou ds". 1~Ir. Lounds stated "go ahead lbs. hammer ~i~:audible~". 18 1 'GIs. 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 ~ 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 11Tr. 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 18 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 staff s 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. 2~ Mrs. Hammer the reason that I'm, that state it that way, I think there are issues that 25 restrict the staff from being able to approve this because of the uniqueness of this type of ?7 development and the restrictions that they are faced with in interpretation of the 28 regulations". 29 30 Mrs. Hammer stated "I understand that". 31 ~2 ~'Ir. 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 31 developments like this in the agricultural unicorporated area of St. Lucie County and that 3 ~ we need to address those issues". ~b 37 Mrs. Hammer stated "and I understand that Mr. Lounds and I wish we could just forward =8 the application with no recommendation to the County Commissioners but what my 3S understanding whether it's right or wrong is that it w-as eighty percent open space, thirty five percent had to be common the other forty five percent could even be farmed area but it 19 1 did not come out of the private lots and to have it designated on the private lots I already 2 have experience with how that does not work so that's why I object to the using of the ~ private lots for the............''. 4 5 Mr. Lounds asked ``did vve not do that though as a compromise to Hunters Run, from their 6 open space too". 7 8 Mrs. Hammer answered "but not this much". 9 10 Ms. Caron stated "I believed it was two or three percent". 11 12 Mrs. Hammer stated "it was very minimal percent, not forty five percent, and we're 13 looking at forty five percent being on individual lots". 14 15 Ms. Caron stated " it was a very, very low amount in fact it went back and forth for quite a 16 while and I believe it was certainly less than five percent, it was five percent or less and 17 that's why the BOCC at that point, because everyone really worked towards it because this 18 is a good thing. I have horses I'm an Ag. Person but each individual application I think is 19 considered". ~0 ~ . 21 Ms. Hammer asked "may I ask the attorney. Heather are we permitted to forward an 22 application without a recommendation or do we have to make a yes or no 23 recommendation". 24 25 Ms. Young replied "it should be a recommendation and at this point you don't have one 2b because the motion failed so you have not yet adopted a motion, one way or another 27 recommending approval or denial, so I think you do need to, someone needs to make a 28 motion whether its to approve, deny, approve with different conditions however you chose ~ 9 30 3 i Chairman Mundt stated "I think there was a motion to approve by Mr. Schrader, seconded 32 by Mr. Culverhouse. Is that correct"? 33 34 Mr. Schrader stated "that is correct Mr. Chair". ;j 3~ Ms. Young asked "for clarification is the motion to approve simply with the condition on i the designation of the open space. I think j Est nor staff if you could restate that sa we make ? sure everyone has it. 39 20 1 ~Tr. Schrader replied "if you will, staff if you'll take the old motion and include the fact that it includes the percent of open space of and main we can go back to covenants or plats 3 but that that is included. That would be my motion". 4 ~ 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 1 Ms. Caron -no ma'am and I'm going to have to leave the meeting Mr. O'Neil - no ma'am ?3 Ms. Hammer - no ma'am ?4 Mr. Culverhouse -yes ma'am to approve ~ Vice Chair Schrader -yes to approve 26 Chairman Mundt - no ma'am ~7 28 Chairman Mundt stated, the motion passed 5-4 29 30 Ms. Caron, NTr. O'Neil, Mrs. Hammer and Chairman Mundt dissenting. 31 32 'DTs. Caron left at 9:40 p.m. due to an emergency. 33 34 Swu~Z .Srni~i, C'~~caccdt~i Jti~~u:~~efnent 2a~ J e~ ~ter~etl to tie 3 s ~e~~a~ card c~tte~ t:~ tFu~ t~ e a~.e nu:riute~ P ~ ~ 4 Quae 34 36 ta. pa.~.c 27 ~ 2U. ;8 F. Growth 1l~Tanager~ent Department: Ordinance No. 09-013 An Ordinance to amend the St. Lucie County Land Development Code (LDC) ~s~ correctinb inconsistencies, miror errars and omissions in the e:~isting version of the code. 21 1 ~ Mr. Satterlee, Growth Management Director explained to the Commission that this is an effort 3 by staff to go through the existing LDC and identify what are non-substantive changes, that in no ~ ~~~av change the meaning, intent or purpose of the LDC. Simply correct en-or, misspelling, ~ incorrect titles, incorrect section numbers and thing of that nature. When do we get a Municode 6 Version, is it as correct as possible. 7 Chairman Mundt asked the commission if they had any questions for staff. 8 9 Ms. Hammer did have some corrections. 10 11 Chairn~an Mundt made his comments to staff on Wednesday. 12 13 Chairman Mundt opened the public hearing. 14 15 No one spoke. 16 17 Chairman Mundt closed the public hearing. 18 19 Mrs. Hammer moved to approve. 20 21 Vice Chair Schrader seconded. 2~ . 23 The motion carried unanimously. Ms. Caron was not here for the vote. ?4 G. Grawth i~Tanagement Department: Ordinance No. 09-012 26 An Ordinance amending the St. Lucie County Land Development Code by ?7 accepting the draft Land Development Code as received from Municipal Code 28 Corporation (Municode). 29 30 Mr. Satterlee explained that this is the ordinance which would adopt to include the changes that 1 were made in Ordinance No. 09-013 and then officially adopt the Municode version of the LDC 32 as the official LDC of St. Lucie County. 33 34 Chairnzan Mundt asked the commission if they had any questions for staff. ~b Chairn~an Mundt added corrections. _7 ~8 Chairman Mundt opened the public hearing. 9 No one spoke. ~:-0 Chairman Pvlunc;t cl•~sed the nualic;3ea.in~. n~ i~Tr. Culver~Yo~:se moved to wn~rovP. i i~1r. L~ounds seconded. ~ The motion carried unanimously. 1\is. Caron ~i~as not here for the ~ ote. 4 I~'. Other Pusiness 6 Mr. Satterlee explained to the Commission that staff plans to come to the BOCC with a 7 Comprehensive Westenl Land Study. - 8 9 V. ADJOURl~ED 10 11 There being no further business, the meeting was adjourned at 9:50 p.m. 23 ITEM NO. VIII DATE: 09/01/09 • ~ ~ AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Carl Holeva ~ SUBMITTED BY: Human Resources Human Resources Director SUBJECT: County Administrator, End of Probation. BACKGROUND: On January 9, 2009, Ms. Faye W. Outlaw was appointed County Administrator at a salary of $165,000.00 (one hundred sixty five thousand dollars) per year for the first six months of her appointment. The Board may raise her salary from time to time at their sole discretion. FUNDS AVAILABLE: 001-1210-512000-100 General Fund (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Consider staff recommendation for the Board to determine whether or not to approve End of Probation for the County Administrator. COMMISSION ACTION: CONCURRENCE: (yQ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Motion to approve Faye W. Outlaw, MPA End of Probation for County County Administrator Administrator. Coordination/Signatures County Attorney ( ) OMB Director ( ) p.rh Budget Analyst . D~Mclntrye Marie Go in I~ «.x~.~,- v o ~..f Originating Dept.- li ERD ( } Carl Holeva (Name) Human Resources • ' ~ ' ~ MEMORANDUM TO: Board of County Commissioners FROM: Carl Hole, Director, Human Resources DATE: 09/01 /09 SUBJECT: County Administrator, End of Probation ITEM NO. VIII Background: Ms. Faye W. Outlaw was appointed County Administrator on January 9, 2009, with a starting salary of $165,000.00/year for the first six months of her employment. Ms. Outlaw's appointment to County Administrator resulted in a promotion for her from Assistant County Administrator. In accordance with the St. Lucie County Employee Handbook Policy 1.05.02 "Promotions", Section 7 of the policy states that "upon successful completion of the evaluation period, the employee will be eligible for a (5%) pay increase". Further the Board may raise Ms. Outlaw's salary from time to time at their sole discretion as per her Employment Agreement dated January 13, 2009. Ms. Outlaw is not seeking the EOP 5% pay increase. Recommendation: Consider staff recommendation for the Board to determine whether or not to approve End of Probation for the County Administrator. Attachment(s): County Administrator Employment Agreement (Board and Faye W. Outlaw) COUNTY ADMINISTRATOR EMPLOYMENT AGREEMENT THIS AGREEMENT, dated the 13th day of January, 2009, is between the Board of County Commissioners of St. Lucie County, Florida, hereinafter ref erred to as the "Board" and Faye W . Outlaw. SECTION 1. TITLE; DUTIES Faye W. Outlaw shall be the administrator for the Board, and shall be known ns the County Administrator, by which title she shall be referred to hereinafter. The County Administrator will provide the administrative services as required by the Board in accordance with Chapter 59-1801, Laws of Florida. SECTION 2. TERM; RENEWAL The County Administrator shall commence her employment on January 9, 2009. The term of the Agreement shall be for a period of two (2) years. This Agreement shall be automatically renewed for nn additional two (2) year period at the end of each contract period unless the Board of County Commissioners gives at least ninety (90) days written notice prior to the renewal date that they desire not to extend the contract under the snore terms and conditions as set forth above. SECTION 3. SA1-ARY: BENEFITS During the first six (6) months of the County Administrator's employment, the Administrator's salary shall be one hundred sixty-five thousand and 0/100 ($165,000.00) dollars per year. Her salary may be raised from time to time nt the sole discretion of the Board. As a further incident of her compensation hereunder, the County Administrator shall be entitled to the same rights, privileges, credits and benefits which the Board provides its other employees, including health, major medical, and life insurance, workers compensation insurance, retirement benefits, and all other aspects of and components to the Board's flexible benefit plan for its employees. SECTION 4. SUSPENSION The Board may suspend the County Administrator with full pay and benefits at any time during the term of this Agreement. s:urn~~r~a~MNrat~~ ~t.~d -1' • ~ • • SECTION 5. TERMINATION; SEVERANCE PAY The Board may terminate the County Administrator at any time without cause. In the event the County Administrator is terminated by the Board before expiration of the aforesaid term of employment and during such time that the County Administrator is willing and able to perform her duties under this Agreement, then in that event, the Board agrees to pay the County Administrator a lump sum cash payment equal to three (3) months aggregate salary together with arty unused vacation time. If the County Administrator is terminated for cause, the Board is not obligated to pay the aggregate severance sum designated in this paragraph. The term "for cause" shall be deemed to include: willful violations of the provisions of the Inw; willful disregard of n clear direct order, request or policy of the Board; or conviction of any crime involving moral turpitude or relating to official duties. SECTION 6. ASSIGNMENT Neither party shall assign their rights under this Agreement. SECTION 7. ATTORNEYS FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the prevailing party shall be entitled to recover i#s reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant f ees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. SECTION 8. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (ns elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified moil (postage prepaid) return receipt requested, addressed to: 5:\AT7Y\A6REEMNIIoutln~r-emp ogmt•wpd ~2 ~ ~ • • As to County: With n cow to: Chairman, Board of County Commissioners St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 As to Counter Administrator: Faye W. Outlaw 5746 Sterling Lnke Drive Fort Pierce, Florida 34951 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. SECTION 9. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. SECTION 11. INTERPRETATION; VENVE This Agreement constitutes the entire agreement between the parties with respect to the subject mutter 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 and section headings are for convenience only. 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 arty claims which are justiciable in federal court. s:~~rn~~6a~~r~~rbw-~ -3- 1 ~ • • IN WITNESS WHEREOF, the County has hereunto subscribed and the County Administrator has affixed her name and the date aforesaid. 'LSE CIJ~CIi ATTEST: 04 ~ jj? BOARD OF COUNTY COMMISSIONERS ~ _ _ _ ~Od ST. LUCIE COUNTY, FLORIDA S DEPUTY CLERK t . CHAIRMAN tD~ APPROV AS TO FORM AND UCIE CO CORRE COUNTY A O EY SSES: BY• FAYE W. OUTLAW S: VlT7Y~A6itEEMNToutlaw-emP ogmt.wpd _4