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HomeMy WebLinkAbout10-06-2009 Signed Agendas AGENDA REQUEST ITEIWI NO. VI-B-1 DATE: October 6, 2009 REGULAR [ J ® PUBLIC HEARING a Leg. [ l Quasi-JD [ CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ~ PRESENTED BY: JoAnn Riley 'Property Acquisition Manager SUBJECT: .Donation of Property Pazadise Park Stormwater Improvements Taylor Creek Associates, Ltd. Parcel ID 1433-440-0005-010/3 Resolution No. 09-283 • BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Fee Simple Deed, authorize the Chair to sign Resolution No. 09-283 and direct staff to record the documents in the Public Records of St. Lucie County, Florida.. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ]DENIED [ ]OTHER - ~ Approved S-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: iL Road and Bridge: [x] Public Works: ~1t' Daniel McIntyre Don Pautey Don West .J [x] Originating Dept: J~~~- [x] Engineering: JoAnn Riley Michael Powtey ~ ~ I ` Property Acquisition Division ' memorandum-- TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Donation of Property Paradise Park Stormwater Improvement Taylor Creek Associates, LTD. Tax ID 1433-440-0005-010/3 Resolution 09-283 BACKGROUND: - St. Lucie County is constructing stormwater improvements to the Paradise Park neighborhood. Taylor Creek Associates, Ltd. owns a small piece of a parcel along Taylor Creek that they didn't intend in using. The County offered to purchase the .02acre parcel as "clean up" to the plat but Mr. R. Colvin Holland, President of Taylor Creek Associates, Ltd. offered to donate the property to the County. RECOMMENDATION Staff recommends the Board accept the Fee Simple Deed from Taylor Creek Associates, Ltd., authorize the Chair to sign Resolution 09-283 accepting the donation and direct staff to record the Fee Simple Deed in the Public Records of St. Lucie County. i Respectfully submitted, i ~C~ I `J~nn Riley ~ Property Acquisition Manager ~I i i i _ ~ AGENDA REQUEST ITEM NO: VI-B-2 ~ DATE: October 6, 2009 REGULAR [ ] . ~ ' ~ PUBLIC HEARING ~ 1 0 - _ Leg. [ ]Quasi-JD [ ] i x ~ s - CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY {DEPT.): County Aftomey 3oAnn Riley Property Acquisition Manager SUB3ECT: Revocable License Agreement Cameron and Michelle Dewhurst 260 NE Solids Drive River Park BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and.direct Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [xJ County Attorney: [x] Road and Bridg [x] Public VS'orks: 2 ~j~ Daniel McIntyre Don Pautey Don West [x] Originating Dept: ,~~M~- [xJ Engineering: [ J Purchasing: Jo Ann Riley Mike Powley Property Acquisition Division ® " ~ memorandum TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Revocable License Agreement Cameron and Michelle Dewhurst 260 NE Solida Drive River Park BACKGROUND: Cameron and .Michelle Dewhurst request permission to install a fence in the County's 20- foot Drainage and Utility Easement at the rear of their property and within the 6-foot Drainage and Utility Easement along the sides of their property in River Park. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or utilities need to be installed Mr. &Mrs. Dewhurst mus# move the fence at their own expense. Mr. &Mrs_ Dewhurst have signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. &Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager AGENDA REQUEST ITE,AII NO. VI-B-3 ~ _ ~ Date: October 6, 2009 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: General Services Administration - Supplementa! Lease Agreement No. 4 for Trailer Storage n# Fairgrounds BACKGROUND: See C.A. No. 09-1203 FUNDS AVAIL.(Stnte type & No, of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Bonrd of County Commissioners approve the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorize the Chair to sign the agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: ~1 Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Daniel 5. t re Originating Dept.: Other : Other Debra Brisson i=finance (Check far Copy only, if applicable): i INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney i c.A. No: 09-1203 DATE: September 21, 2009 SUBJECT: General Services Administration - Supplemenfial Lease Agreement No. 4 for Trailer Storage at Fairgrounds BACKGROUND: Attached to this memorandum is a copy of a Supplemental Lease Agreement No. 4 with the Genera! Services Administration for storage of Federal Emergency Management Administration trailers at the Fairgrounds. The agreement retroactively extends the existing November 15, 2005 lease from May 15, 2009 through and including November 14, 2009. Thereafter, the lease will continue on a month to month basis subject to thirty {30) . . days termination notice. The monthly rental rate will remain twenty-nine thousand seven hundred fifty and 00/100 dollars ($29,750.00). RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners approve the proposed Supplemental Lease Agreement No. 4 with the Genera! Services Administration, and authorize the Chair to sign the agreement. Respectfully submitted, J.t ~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Parks and Recreation Director Finance Director Management and Budget Director AGENDA REQUEST ITEM NO. VI B4 DATE: October 6, 2009 F.= REGULAR [ J " ' ~ PUBLIC HEARING [ CONSENT [ X TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Resolution 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing .Finance Authority of St. Lucie County to finance qualifying single family mortgage loans; approving form and execution of an interlocal agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. BACKGROUND: See CA No. 09-1204 PREVYOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt Resolution No. 09- 268 as drafted and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED j ] OTHER : Approved 5-0 Faye W. Outlaw, MPA County Administrator ~ Review and Approvals {X] County Attorney: ~ [ ]Management & Budget: { ]Purchasing: Daniel 5. Mdntyre [ ]Road & Bridge.: [)Parks & Recreation Director [ ]Solid Waste Mgr [ JPinance:(check for copy only, If applicable) Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 09-1204 DATE: September 21, 2009 SUBJECT: Resolution No. 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie County to finance qualifying single k family mortgage loans; approving form and execution of an interlocal agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. ~ BACKGROUND: I On September 29, 2009, the Housing Finance Authority of St. Lucie County held ' a public hearing to consider financing single family mortgage loans through Escambia County Housing Finance Authority single family revenue bonds. St. Lucie County has been participating in this program since at least 1991. i'i I Adoption of the resolution will not authorize or commit the expenditure of any funds of the Authority or St. Lucie County. The bonds are limited, special obligations and will not constitute a debt of the Authority or the County. The documents have been reviewed and approved by the Authority's bond counsel. I RECOMMENDATION/CONCLUSION: i Staff recommendsthat the Board of County Commissionersadopt Resolution No. 09-268 as drafted and authorize the Chair to sign. ~ 3 1 i I Respectfully submitted r~- Katherine Mackenzie-Smith Assistant County Attorney KMS/cn Attachment i i AGENDA REQUEST ITEM NU. Vl-B-S DATE: October 6, 2009 - - REGULAR [ ] ® PUBLIC HEARING ° ° Leg• [ ]Quasi-7D [ ] CONSENT [xJ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right-of--Way Denedios Holdings, LLC I Ofeet ofright-of--way on Hammond Road Resolution No. 09-293 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 28, 2009 -Board of County Commissioners approved Resolution No. 09-019 granting approval to a Major Site Plan known as Denedios Holdings, LLC. RECOMMENDATION: Staff recommends that the Boazd accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-293 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [xj APPROVED [ ]DENIED [ ]OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Apurovals [xl County Attorney. [x) Road and Bridge ~ [x) Public Works: ~'+`Y ~f1`L ~t~ Daniel McIntyre Don Psuiey Don West [x) Originating Dept: ~h1~C.. [x] Engineering: /~d~ JoAnn Riley Michael Powley l I r _ PROP~RTYACQUISITION DIVISION _ _ - _ _ _ 1Vi~1ViORA.NDUIV~ b ,'9 TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October b, 2009 SUBJECT: Donation of Right-of-Way Denedios Holdings, LLC 10 feet of right-of-way on Hammond Road Resolution No. 09-293 i BACKGROUND: Resolution No. 09-019 required Denedios Holdings, LLC. to donate 10 feet of right-of-way on Hammond Road to St. Lucie County as part of their site plan approval. ~ i Attached is a copy of the Warranty Deed for the 10 feet of right-of-way on Hammond Road along with Resolution No. 09-293. i RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-293 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, i a~ JalAnn Riley Property Acquisition Manager - - - AGENDA REQUEST ITEM NO. VI- 66 DATE: October b, 2009 " o . -..D - ~ REGULAR [ J - . ~ ~ r.~r ~ PUBLIC HEARING Leg. [ J Quasi-JD [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JOAnn Ritey Property Acquisition Manager SUBJECT: Second Amendment to the following Contracts: Callaway & Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers ~ Consultants (C06-08-5I1) Fuller-Armfield-Wagner Appraisal & Research, Inc. (COb-08-512) SACKGROUND: See an attached Memorandum FUNDS AVAILABLE: Various County Department accounts PREVIOUS ACTION: ' August 22, 2006 -Board of County Commissioners approved the award of RFP 06-073 to the following firms: Callaway & Price, Inc., Deighnn Consultants, East Caas# Appraisers ~ Consultants, and Fuller-Armfield-Wagner Appraisal 6c Research, Inc. Jufy 15, 2008 -Board of County Commissioners approved the First Amendment to the following con#rncts: Callaway & Price, Inc. (C06-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers do Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisol & Research, Inc. (C06-08-512). RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the following contracts: Callaway & Price, Inc. (C06-08- 554), Deighnn Consultants (C06-08-553), Enst Coast Appraisers & Consultants (COb-08-511), and Fuller-Armfield-Wagner Appraisal ~ Research, Inc. (COb-08-512) extending the contracts through August 21, 2010 and authorization for the Chair to sign the Amendments as prepared by the County Attorney's office. COMMISSION ACTION: CONCURRENCE: ICJ APPROVED [ j DENIED [ (OTHER `~T Approved 5-0 Fnye W. Outlaw, MPA County Administrator Review and Approvals V~. [x] County Attorney: (]Road and Bridg [ ]Public Works: Daniel 5. McIntyre Dont Pauley Do We [x) Originating Dept: J13L~- (]Engineering: y T ~ [x] OMB/Purchasing: JOAnn Riley ike Po ey Marie 6ouin 5:\ACQ\WP\JOAnn\RFP'S\Appraisal Services\Agenda Request Second Arnendn+ent.wpd .>~;ft~`~~.~~ .'fit ~F~' ~=FFCC.. ,'t - INTER-OFFICE MEMORANDUM ® ST. LUCIE COUNTY, FLORIDA © ~ ~o TO. Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Second Amendment to the following Contracts: Callaway & Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (C06-08-511) Fuller-Armfield-Wagner Appraisal & Research, Inc. (COb-08-512) BACKGROUND: On July 14, 2006, submittals for RFP 06-073 -Appraisal Services were opened. Five hundred and three (503) companies were notified, seventeen (17) documents were distributed, and six (b) proposals were received. The selection committee recommended awarding the RFP to the following four firms: Callaway & Price, Inc., Deighan Consultants, East Coast Appraisers ~ Consultants and Fuller-Armfield-Wagner Appraisal ~ Research, Inc. On August 22, 200b, the Board of County Commissioners approved the award of RFP Ob-073 to the following firms: Callaway b Price, Inc., Deighan Consultants, East Coast Appraisers & Consultants, and Fuller-Armfield- Wagner Appraisal ~ Research, Inc. On July 15, 2008, the Board of County Commissioners approved the First Amendment to the following contracts: Callaway & Price, Inc. (C06-08-554), peighan Consultants (COb-08-553}, East Coast Appraisers c4 Consultants {C06-08-511}, and Fuller-Armfield-Wagner Appraisal ~ Research, Inc. (C06-08-512). RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the following contracts: Callaway & Price, Inc. {C06-08-554), beighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. {C06-08-512) extending the contracts through August 21, ZO10 and authorizatian for the Chair to sign the Amendments as prepared by the County Attorney's office. Respectfully submitted, _ Jo nn Riley Property Acquisition Manager 5;\ACQ\WP1JoAnn\RFP'S\Appraisal Services\Agenda Memo Second Amendment.wpd ~~~.~~~.~-,,~:~"~~~~~~a<~. AGENDA REQUEST zTEM No. VI-87 DATE: October 6, 2009 ~ _:i>. REGULAR [ ) 0 B az~ 'a Y ; ~~~L° ~ PUBLIC HEARING [ } :..t z. ~ c:' CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED 8Y (DEPT.): County Attorney JOAnn Riley Property Acquisition Manager SV6JECT: Florida Communi#ies Trust Harbor Brnnch Preserve / FCT Project 07-027-FF7 Amendment to Option Agreement for Sale and Purchase BACK&ROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 317-3920-561000-3120 (Coon#y Capital -Revenue Share $ond -Environmental Resources -Env Reg -Harbor Branch} PREVIOUS ACTION: April 24, 2007 -Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Harbor Brnnch Preserve project. December 18, 2007 -Board of County Commissioners authorized the Chairman to execute and transmit the Grant Contract and Confidentiality Agreement to Florida Communities. May 19, 2009 -Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels. RECOMMENDATION: Staff recommends that the Board approve the Amendment to Option Agreement for Sale and Purchase of the Harbor Branch Preserve porcels, authorize the Chair to execute the Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals [xj County Attorney: l~ [ ]Road and Bridge: [ j Public Works: paniel 5. McIntyre.( p Don Pouley Don West [xj Originating Dept: .Sh1.~ [ ] Grants: [ j Environmental: JOAnn Riley Sill Hoeffner Steve Fousek 5:\ACQ\WP\JoAnh\Environmental\Harbor Branch Preserve\Agenda Request Amendment to Option Agreemen#.wpd INTER-OFFICE MEMORANDUM p ST. LUCIE COUNTY, FLORIDA 9 .D TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Florida Communities Trust Harbor Branch. Preserve /FCT Project 07-027-FF7 Amendment to Option Agreement for Sale and Purchase BACKGROUND: On March 29, 2007, the Land Acquisition Selection Committee ranked the project as nn "A" site and unanimously approved the acquisition of the Harbor Branch Preserve project. On,April 24, 2007, the Board of County Commissioners approved the submittal of a grant application to Florida Communities Trust (FCT) for funding of $6,600,000.00. The board also approved funding for the required match of $2,200,000,00. On December' 18, 2007, the Board of County Commissioners approved the Grant Contract and Confidentiality Agreement with Florida Communities Trus# (FCT) for the purchase of the Harbor Branch Preserve project. The Grant Contract provides 75% of the project costs. On May 19, 2009, the Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, with a closing date of mid-October, 2009. The Amendment will allow Florida Communities Trust and the County ndditional time to complete the due diligence investigation under the provisions of the Option Agreement. RECOMMENDATION: Staff recommends that the Board approve the Amendment to Option Agreement for Snle and Purchase of the Harbor Branch Preserve parcels, authorize the Chair to execute the Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager 5:\ACQ\WP\JuAnn\Environrt~entnl\Harbor Branch Preserve\Agenda Memo Amendment to Option Agreement.wpd i AGENDA REQUEST ITEM NO. 1il-~y- 8 x~ DATE: October 6, 2009 ~ REGULAR . PUBLIC HEARING coNSENT [xx] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Lease Agreement with Sundancer s Radio Control Club, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: 310002-3920-563000-300 - $50,000 in Zone B Impact Fees PREVIOUS ACTION: September 22, 2009 - BOCCapproval of Lease Agreement with SFWMD RECOMMENDATION: Staff recommends that the Board (a) adopt Resolution No. 09-297 and authorize the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundnncers Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit "A" as .approved by the Gounty Attorney. CoMMISSiON at^TION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-O Motion to approve the agreement ana Faye W. Outlaw, MPA incorporate the additional language County Administrator about the use of the $50,000 of impact fee dollars. C~ Review and Ap~ypro~val/s County Attorney: r~ Management & Budgetr~l ~'3;' Purchasing: Daniel 5. McIntyre Mar e G uin Ro I Ilivan Originating Dept. Porks ~ Rec. Dir: County Eng.: Steve Fousek Debra Brisson 5 INTER-OFFICE MEMORANDUM ^ r ST. LUCIE COUNTY, FLORIDA a ~ TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C. A. NO.: 09-1257 DATE: October 6, 2009 SUBJECT: Sublease Agreement with Sundancers Radio Control Club, Inc. BACKGROUND: In April 2008, the Sundancers Radio Control (model airplane) Club was asked by the City of Port St. Lucie to relocate from East Torino Boulevard Park to a more suitnble location as a result of noise complaints. The Club contacted the County for assistance, and after researching numerous sites, the County identified a tract of land owned by South. Florida Water Management District {SFWMD) and leased by the County; as the most suitnble location. The County has leased 616 acres (Tract KE100-020) from SFWMD for uses "compatible with the preservation of the natural and historical resources of the site, and may included hiking, biking, equestrian, remote controlled airplanes and cars, model rockets, archery, etc". The initial term of the lease is for a period of ten (10} years, and, may be extended for additional one-year terms. The Sundancers Radio Control Club is proposing to use 80 acres of the site. (Exhibit "B"} The City of Port St. Lucie supports the use of up to $50,000 in Zone B Impact Fees to provide initial site improvements. The funds wil! be used for essential capital improvements which would be necessary to safely use the site and include interior roads, culverts, gates, .fencing, and signnge. The Sundancers Radio Control Club will use their own funds to improve their portion of the site. The County intends to pursue pnrtnerships with other potential compatible use groups that will fund improvements and maintain the site at their own expense. Attached is a copy of Resolution No. 09-297 which, if adopted, would authorize the sublease of approximately 80 acres to the Sundancers Radio Control Club. ITEM NO. VI-C1 C'~ ii Si ~ ~ ~ , ~ ~3 ~ DATE: 10/06/09 J Ifii ' AGENDA REQUEST REGULAR ( ) t PUBLIC HEARING ( ) LEG. QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: - Diana D. Leu?r~~i' SUBMITTED BY: Airport Airport Director SUBJECT: Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140360-4220-563000-48004 FDEP Grant Airport West Commerce Park Sewer 140-4220-56300-48004 Infrastructure PREVIOUS ACTION: October 7, 2008 - Board approved the State Financial Assistance Agreement for the Florida Department of Environmental Protection (FDEP} Grant No. LP8991 for the Airport West Commerce Park Sanitary Sewer. RECOMMENDATION: Board approval of FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED r~ ( ) OTHER A roved 5-0 Faye W. Outlaw, MPA PP County Administrator Coordination/Signatures County Attorney { ) OMB Director ( ) d Budget Analyst 1 Daniel McIntyre Ma Gouin Heather Young Patty Marston _ ~ Originating Dept. ( ) Utilities ( ) (Name) Raymond Murankus Airport " MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director..., GG~-. DATE: October 6, 2009 SUBJECT: Airport West Commerce Park Sanitary Sewer Grartt No. LP8991, Amendment 1 ITEM NO. V1-C1 Background: In June 2008, a $788,000 FDEP grant originally identified for the Airport Industrial Park that could not be used was re-appropriated through the State Legislature to the Airport West Commerce Park (AWCP) sanitary sewer project. In October 2007, the Board approved the execution of the State Financial Agreement No. LP8991 for this re-appropriated grant. This amendment is required in order to qualify for reimbursement of revised costs for engineering services, equipment purchase, and construction. Changes occurred when Fort Pierce Utility Authority (FPUA) changed the requirements from upgrading the lift station at Westwood High School to adding a force main on Rock Road. All of the force main, except for a small section on Taylor Dairy Road between St. Lucie Boulevard and the AWCP, is within the FPUA service area and upon completion and acceptance will be turned over to the FPUA. Due to the change in scope, additional design costs were incurred. Also, in order to complete the second phase of the sanitary sewer project by the end of December, the County will purchase the pump for the Airport West Commerce Park separately for the contractor to install. These changes necessitated a revision to Exhibit A of the grant, which is attached. There was no change to the overall project budget, just to the line items within the budget. This change will ensure reimbursement { of these eligible costs. The grant requires no local match. However, the project estimate is $1,269,430, so a local share of $481,430 ($1,269,430 - $788,000) has been budgeted. j The attached Amendment 1 will need to be returned to FDEP for execution after the Board's approval and signature by the Chair. i Recommendation ~ Board approval of FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. I i 3 ITEM NO. VI-C2 DATE: 10!06/09 ~ AGENDA REQUEST REGULAR { ) _ _ _ PUBLIC HEARING ( ) LEG. ( ) QUAS!-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Dire or ! SUBJECT: Change Order No. 6 for the Second Phase of the New Runway and Taxiway BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140135-4220-563000-48006 Infrastructure 140335-4220-563000-48006 I nfrastructu re PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in the contract time of 3 days to August 24, 2009 and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: f~Q APPROVED ( ) DENIED ( ) OTHER - Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst . Dan~el,$ McIntyre Marie G uin Heather Young Patty Marston Purchasing { ) ERD ( ) Melissa Simberlund (Name) AIRPORT - ~ , ~ ' ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Directo7 DATE: October 6, 2009 SUBJECT: Change Order No. 6 for the Second Phase of the New Runway and Taxiway ITEM NO. VI-C2 Background: The new runway and taxiway construction project was bid in two phases based on when Federal Aviation Administration (FAA) funds became available. The first phase included the clearing and grubbing of the taxiway and runway areas and relocation of the canals. This was awarded on October 10, 2006 to Dickerson Florida, inc., for the contract amount of $5,323,348.00. There were five change orders on this phase of the project, increasing the contract amount by $354,133.79, or 7%, for a total of $5,667,481.74. The contract for this phase has been closed out. The second phase of the runway and taxiway construction project includes grading and paving, installation of the signs and electrical work, and the construction of the service road. This phase was also awarded to Dickerson in July 2008 for the contract amount of $3,699,879.78. There have been five change orders approved for the second phase of the new runway construction. The change orders included adjustments of topsoil quantities, addition of cutverts and headwalls needed for unanticipated remedial work and changes to gate widths to accommodate towing aircraft with up to a 38 foot wingspan. Also included are the contractor-installed conduit and pull boxes and directional bore under Canal 3 for the FPL distribution line relocation. Signs were changed for the new runway designations and taxiway lights were upgraded to LED lights. Trees around wetlands were hand cleared and additional dewatering to install a headwall was required. The time for substantial completion was also changed to August 21, 2009. Attached Change Order No. 6 is the final change order reflecting the actual as-built quantities and includes additional work on line of sight clearing activities and signs needed for the service road and Taylor Dairy Road. These additional services were provided by the contractor in anticipation that the costs would be included in the final change order. Since not all trees were harvested under the agreement with the Division of Forestry, the contractor was asked to finish clearing the remaining trees and the pole barn in order for the Air Traffic Control Tower to have a clear line of sight to the new runway and taxiway. The additional signs on the service road and Taylor Dairy Road were also added to improve safety. With this final change order, the project cost increased by $67,277.82 to $4,034,202.01. ~ I ITEM NO. VI-C3 ' DATE: 9 0/06/09 ~ AGENDA REQUEST REGULAR { ) • r PUBLIC HEARING ( ) LEG. ( } QUASI-JD { ) CONSENT { X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:~ Diana D. Lem SUBMITTED BY: Airport Airport Director SUBJECT: Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement, Stormwater Pollution Prevention Plan (SWPPP) Update BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Pending BOCC approval. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Resolution Na. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER 6 Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/SlAnatures i County Attorrsey ( ) OMB Director ( ) ~Y ~ .Budget Analyst Y q V " Daniel McIntyre Marie Goum Heather Young Patty Marston Originating Dept. ( ) ERD { ) (Name) (Name) r AIRPORT mil- ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: October 6, 2009 SUBJECT: Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Stormwater Pollution Prevention Plan (SWPPP) Update ITEM NO. VI-C3 Background: The Airport originally prepared a Stormwater Pollution Prevention Plan (SWPPP) in 1997 to comply with the requirements of the National Pollution Discharge Elimination System (NPDES) and the Clean Water Act (CWA) Amendments of 1987. The SWPPP identifies potential pollution sources at the airport and propose sormwater management controls and best management practices designed to reduce or eliminate pollutants entering the stormwater system. The Airport received a NPDES Multi- Sector General Permit, Section S, on May 5, 2006. This permit is good until May 4, 2011. The SWPPP must be periodically updated to include changes to the airport facilities and incorporate annual inspection results. Acceptance of the attached FDOT JPA, which is an $80,000 grant for a total project cost of $100,000, will ensure the Airport remains in compliance with our NPDES permit. The $20,000 local match has been budgeted in the approved FY 2010 operating budget. Recommendation Board approval of Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,400 for the Stormwater Pollution Prevention Plan (SWPPP) Update, and authorization for the Chair to sign the document as approved by the County Attorney. ITEM NO. VI-D ~~9r DATE: 10/06/09 ~ r ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( } QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard SUBMITTED BY: Administration/Tourism Tourism Development Manager SUBJECT: Tourist Development Council Capital Grants Program 2009 - 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-581000-500 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application, per the attached memorandum. COMMISSION ACTION: CONCURRENCE: (~{f APPROVED ( ) DENIED ( ) OTHER PULLED PRIOR TO MEETING. Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst 9I~ Daniel McIntyre Marie Gouin Patty Marston Originating Dept. ( ) ERD ( ) (Name} (Name) Administration/To u ris m ~ ~ i al ~ _ k ' ' MEMORANDUM TO: Board of County Commissioners THROUGH: Faye Outlaw, County Administrator FROM: Charlotte Lombar~ Tourism DATE: October 6, 2009 SUBJECT: Tourist Development Council Capital Grants Program 2009 - 2010 ITEM NO. VI-D Background: In 2003, the Board of County Commissioners approved an additional 1% (5~' cent) tourist development tax. Thirty-three percent (33%} of the 5'" cent tax is allocated for the expansion, renovation or construction of capital facilities located in the St. Lucie Fairgrounds and the area north of Midway Road within St. Lucie County as set forth in County Ordinance 1-19.3-31(j). To date the fund has accumulated approximately $502,000. On Wednesday, August 12, 2009, the Tourist Development Council (TDC) approved the implementation of a capital grants program. The capital grants program structure is outlined as follows: • Project Eligibility Requirements: Legal requirements as set forth in Florida Statute 125.0104 and County Ordinance 1-19.3-31(j). • Fundin :The applicant must provide documentation to substantiate a 10% down payment of the requested grant amount at the time of application and submit additional documentation to substantiate matching funds of at least 50% of the requested grant amount within six (6) months of grant contract. • Criteria for Evaluation: Applicants are evaluated on three (3) general criteria and assigned points on a scale as indicated on the application. The three criteria categories include: • Scope of work and project readiness ¦ Organization and Programs ¦ Project Impact on Tourism Recorr~mendation Board approval of the Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application. Via ITEM NO. VI - E -A~ - - :r ~ - . ~ r DATE: 10/06/2009 • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works -Administration Public Works Directo~ SUBJECT: Contract extensions with Taylor Engineering 8~ Dredging and Marine Consultants. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140306-4315-563005-46502 -Port Development PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the fourth extension to contract C04-12-563 with Dredging and Marine Consultants, LLC., and contract C04-07-658 with Taylor Engineering, Inc. ' extending the contract through December 31, 2009, and authorization for the Chair to sign the documents as prepared by the County Attorney's office. COMMISSION ACTION: CONCURRENCE: ~jc} APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinationlSignatures County Attorney (X) ~ OMB Director (X ) ~ Budget Analyst Dan McIntyre Marie Gouin Originating Dept. (X) ~ ° ERD ( ) Dona d B. West _ _ Public Works Administration • ~ MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: October 6, 2009 SUBJECT: Contract extensions with Taylor Engineering & Dredging and Marine Consultants. ITEM NO. V(-E Background: On July 13, 2004, the Board awarded RFP #04-047 -Professional Engineering Services for Dredging Project to Dredging and Marine Consultants, lnc. and Taylor Engineering Inc. The initia{ contract expired on Juiy 12, 2006 and was subsequently extended. Staff is currently working on Phase 2 of Taylor Creek with Dredging and Marine Consultants, Inc., and 2"d Street Improvements with Taylor Engineering. It is necessary for continuity/cast purposes to be able to continue utilizing the same consultants through the completion of the projects. Staff is now requesting a three {3) month extension to allow for completion of all projects assigned to both consultants extending the contract through December 31, 2009. Previous Action May 23, 2006 -Board of County Commissioners approved the first extension to contract C04-12- 563 (Dredging and Marine Consultants, LLC.) and C04-07-658 (Taylor Engineering, Inc). July i5, 2008 -Board of County Commissioners approved the second extension to contract C04- 12-563 (Dredging and Marine Consultants, LLC.} and C04-07-658 (Taylor Engineering, Inc). March 10, 2008 -Board of County Commissioners approved the third extension to contract C04- 12-563 (Dredging and Marine Consultants, LLC.) and C04-07-658 (Taylor Engineering, Inc). Recommendation Board approval of the fourth extension to contract C-04-07-563 Dredging and Marine Consultants LLC., and contract C04-07-658 with Taylor Engineering, Inc., extending the contract through December 31, 2009, and authorization for the Chair to sign the documents as prepared by the County Attorney's office. ITEM NO. V!-F C Kid'-.~x.~~~ •1w'~^~':,~"",~~~.~°'~y' ~ DATE: 10106!09 e , AGENDA REQUEST REGULAR ( ) . PUBLIC HEARfNG ( ) INVESTMENT FOR THE FUTURE LEG. ( ) QUASI-JD ( ) CONSENT {x) TO: BOARD OF COUNTY COMMISSIONERS- PRESENTED BY: Don McLam SUBMITTED BY: Central Services Assistant Director SUBJECT: Bid waiver and sole source determination -Siemens Building Technologies. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-546200-15007 Maintenance Projects-Central Services (pending BOCC approval) PREVIOUS AC710N: N/A RECOMMENDATION: Board approval of bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie _ County Nealth Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future funds in the amount of $30,000, and authorize the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coord inatlon/S Ianatures County Attorney (x) OMS Director (x ) ® Budget Analyst / l~ . Dan McIntyre ie Gouin Robert O'Sullivan / r,... Originating Dept. (x) w/1~-~" Purchasing (x) ~ R g r A. Shinn Desiree Cimino H 1 AGENDA - 347 ITEM ly®. VI-G ~ f _ DATE: 1016109 ~ ~ t - s_ - ~ - - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin ~~f SUBMITTED BY: Office of Management ~ Budget/Purchasing Director SUBJECT: Request for Qualifications 09-060, Civil Engineering and (.and Planning Services for the Treasure Coast Research Park BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 2, 2009 -Board approval to advertise request for qualifications RECOMMENDATION: Board approval to reject al( responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( } DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures i If OMB County Attorney (X) ~ Budget Analyst (X } Dan Mctntyre Jennifer Hill Purchasing (X) ! Research and (X ) Education Park Desiree Cimino eyries Office of Management ~ _ : _ & Budget/Purchasing e A ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 6, 2009 SUBJECT: Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park ITEM NO. VI-G Background: ~ On September 25> 2009, proposals for Request for Qualification 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park, were opened. Six submittals were received; 794 firms were notified and 124 documents were distributed. On September 25, 2009, after RFQ No. 09-060 closed, it was brought to the attention of the Purchasing Division that there was a conflict between the scope of services and the evaluation criteria. In the scope of services of RFQ No. 09-060, listed under minimum requirements, it stated the firm must maintain and continue an existing St. Lucie County ofi'ice (headquarters or satellite) for over three years to.demonstrate local knowledge and relationships. This requirement conflicts with the location evaluation criteria approved by the Board of County Commissioners and therefore should have been omitted from the scope of services. The evaluation criteria approved by the Board of County Commissioners awards points for location based on the following: LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area 6 (Martin, Okeechobee 8~ Indian River Coun Office located outside of the tri County area 3 but in Florida Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. The Purchasing Division will contact the six #irms that submitted a proposal for RFQ No. 09-060 and give them the opportunity to pick up their proposals and resubmit them for the revised request for qualifications. ITEM NO. VI-G2 -T; ~ ~ ~ ` DATE: 10/06109 • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( } LEG. ( ) QUASI-JD ( ) CONSENT (X } TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Supervisor of Elections Advance Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-8191-599080-800 Supervisor of Elections PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners authorize approval of the Supervisor of Elections request for 25 percent ($655,355.75} of the total FY10 budget and thereafter, 6.82 percent per month- COMMISSION ACTION: CONCURRENCE: j}q APPROVED ( ) DENIED ( ) OTHER ~--r"~~~ Approved 5-Q Faye W. Outlaw, MPA County Administrator CoordinationlS ig natures ` OMB County Attorney (X) t~ Budget Analyst (X ) . Dan McIntyre S hia Holt Other ( ) Other ( ) (Name) (Name) Office of Managemen# ~ & BudgetlPurchasing • • ~ MEMORANDUM - TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 30, 2009 SUBJECT: Supervisor of Elections Advance Request ITEM NO. VI-G2 Background: As provided by Section 129.202, Florida Statutes, the Supervisor of Elections has requested an advance in the amount of $655,355.75 (see attached letter from Supervisor of Elections). Per the statutes, "the Supervisor of Elections shall requisition and the board shall pay tha# officer, at the first meeting in October of each year, 25 percent of the total amount budgeted for the offce and, thereafter on the fast of each month, 6.82 percent of the total amount budgeted for the office". Recommendation:. Staff recommends the Board of County Commissioners authorize approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. ITEM NO. VI-G3 DATE: 10106!09 • ~ , ' AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( } QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gauin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Tax Collector Advance Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Funds PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County .Commissioners approve the Tax Collector's request far an October commission advance in the amount of $675,000. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budge# Analyst (X) ~ Dan McIntyre ~ ophia Holt Other ( } Other ( ) (Name) (Name) Office of Managemen# 1~~~' & BudgetlPurchasing • • ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 30, 2009 SUBJECT: Tax Collector Advance Request i fTEM NO. Vi-G3 Background: As provided by Section 192.102, Florida Statutes, the Tax Collector has requested an advance in the amount of $675,000 (see attached letter from the Tax Collector}. Recommendation: Staff recommends the Board of County Commissioners approve the Tax Collector's request for an October commission advance in the amount of $675,000. " AGENDA REQUEST ITEM NO. VII-~ DATE: October 6, 2009 m REGULAR [ ] i * - PUBLIC HEARING [ x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUB]ECT: Ordinance No. 09-025 -Amending Section 11.05.11(A)(2} of the Land Development Code -Requirement for Permit; Exemptions BACKGROUND: See CA No. 09-1188 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on July 7, 2009. The revision was heard by the Planning and Zoning Commission on August 20, 2009 and approved 5-1. A copy of the minutes are attached. The first public hearing was heard on September 15,-2009. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 09-025 as drafted and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED 1..--- [ ] OTHER: Motion to approve as amended additional language of putting 1° Fa`~t Outlaw, MPA Approved 5-0 offsite removable in place of excavation in sub section Al of pg 2. CO U my Ad m t n I StratOr Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre (]Road & Bridge.: ()Parks & Recreation Director [ ]Solid Waste Mgr [ JFinance:(check for copy only, If applicable) Effectlve 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 09-1188 DATE: September 17, 2009 SUB7ECT: Ordinance No. 09-025 -Amending Section 11.05.11(A)(2}of the Land Development Code -Requirement for Permit; Exemptions BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-025,which, if adopted, would revise the guidelines for removal of earth in excess of one hundred (100) cubic yards. This Ordinance was heard by the Planning & Zoning Commission (the "P&Z"} I on July 7, 2009. It was the recommendation of the P&Z that the Board of County Commissioners (the "Board") approve the proposed ordinance. However, there was discussion as to whether the amount of one hundred (100) cubic yards should be increased. The primary purpose of this ordinance is to ensure that there will be a public hearing before the Board, with the Board having the ability to limit the effects of the removal of earth on the adjacent properties. Ordinance No. 09-025 will accomplish the following: 1. Require a mining permit for removal of any earth in excess of one hundred (100} cubic yards. 2. Provide exemptions to the mining permit requirement. 3. Require a public hearing and action before the Board for all off-site removal of material in excess of one hundred (100) cubic yards. RECOMMENDATION/CONCLUSION: Staff recommends adopting Ordinance No. 09-025 as drafted and authorize the Board to sign. Respectfully submitted ~ Katherine Mack'~t`tzie-Smith Assistant County Attorney KMS/cn Attacbxnent ; i AGENDA REQUEST ITEM NO. VII-B ~ Date: October 6, 2009 ~j v~~ Regular [ ~ Public Hearing [X) Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED By'(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 09-028 -Establishing Airport West Commerce Park Leasing Standards and Procedures BACKGROUND: See C.A. No. 09-1248 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve proposed Ordinance ~Ja. 09-028 as drafted. COMAIkI5STON ACTION: CONCURRENCE: ~ APPROVED [ ]DENTED OTHEi? : G--~--- Approved 5-0 Faye W. outlaw, M.P.A. County Administrator Coordinotion/Signat res County Attorr•ey.. Mgt. ~ Budget: Purchasing: Danie! S. McIntyre Mnrie Govin Originating Depi.: Other : Other ; Diana Lewis Finance (Check fcr copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FRO,+~`,: Heather Young, Assistant County Attorney C.A. NO: 09-1248 DAT`: September 28, 2009 I SUB.i rCT: Ordinance No. 09-028 -Establishing Airport West Commerce Park Leasing Standards and Procedures I $AC~GROUND: Attached to this memorandum is a copy of proposed Ordinance No. 09-028 which l would amend Chapter 1-16.2 (Public Property} of the Code of Ordinances and Compiled haws .o create Article II (Airport' West Commerce Park Leasing Standards and Procedures). Section 125.35, Florida Statutes, establishes the leasing requirements far count; owned property.. In addition to advertising for formal bids or proposals to lease propert•; , Section 125.35(3) also authorizes a county to adopt alternative procedures subject to certain conditions. The proposed ordinance would permit the Board of County Commissioners to waive the competitive bid or praposa) requirement for the Airport West Commerce Park subject to public notice and the adoption of a resolution authorizing the waiv:~r, Notice of the October b, 2009 public hearing was published in the St. Lucie News Tribiane on September 23, 2009. RECOiltIJtENDATION/CONCLUSION Staff recommends the Board of County Commissioners adopted proposed Ordinance No. C9-028 ns drafted. Respeetf ally submitted, Heather Young Assistant County Attorney Attac„it~en~~ HY/ AGENDA REQUEST ITEM NO. V~ I ~ - DATE: October 6, 2009 s REGULAR [xx) s ~ ~.,y..- PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Resolution No. 09-292 Asking the Federal Government to Stop Discharging Pollutants and Excess. Water into the St. Lucie River and Estuary System BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staf# recommends that the Board adopt Resolution No. 09- 292 and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ ]APPROVED [ ]DENIED " OTHER: No Action Taken Faye W. Outlaw, MPA Baa?d airectea staff to bring item County Administrator back to the next meeting. Keview and Approvals S.. ~ . County Attorney: Maixigement ~ Budget Purchasing: Daniel 5. McIntyre Originating Dep#, Public Works Dir. County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 AGENDA REQUEST ITEM N0.1X ~ ~ - ~ DATE: October 6, 2009 • REGULAR [XX] - ~ - PUBLIC HEARING . CONSENT TO: ~ BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Interlocnl Agreement between St. Lucie County and Fort Pierce Utilities Authority {Juanita Bridge) BACKGROUND: See attached memorandum FUNDS AVAILABLE: 318-4113-563000-4700 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board .approve the Interlocal Agreemen# and authorize the Chair to sign the Agreement.. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: - Approved 5-0 Faye w. outlaw, MPA County Administrator Review and A counts nt Attorne Mana meat & Bud et Purchasing: Cou y y ge 9 Daniel 5. McIntyre Marie ~°wn ~J Origirinting Dept. Public Works Dir: -f'~t. ~~'~'eounty Eng.: Michael Powley Don West Finance: (Check for copy only, if applicable) Eff. 5196 ~ _ - INTER-OFFICE MEMORANDUM .-:i r..., ST. LUCIE COUNTY, FLORIDA • s • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. ; 09-1216 DATE: September 23, 2009 SUBJECT Interlocn) Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Avenue Bridge) ! BACK6ROVND: Attached to this memornndum is a copy of a proposed Interlocal Agreement between the County and the Fort Pierce Utilities Authority (FPUA) pertaining to the Juanita Avenue Bridge ~ Project. The County has applied for American Recovery and Reinvestment Act (ARRA) funding in ~ the amount of $1,155,082. The County has discussed the Project with the State of Floridn Department of Transportation (FOOT). FOOT has offered to complete the project ns a FOOT design/build project using County funds. The Project requires relocation of FPUA electric, gas and water facilities. The estimated cost of the utility relocation is $516,000. FPUA has agreed to budget the amount of $282,500 in fiscal year 2010. Subject to the availability of funds from ARRA, the Counfiy has agreed to advance the amount of $233,500 to FPUA to cover the balance. The Agreement provides that FPUA must reimburse the County by September 30, 2019. The Agreement nlso provides that FPUA may reimburse the advance through in-kind services with the value or terms of the in-kind services being subject to acceptance by the County. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the Agreement. Respe tfully submitted Daniel S. McIntyr County Attorney OSM/caf Attachment AGENDA REQUEST ITEM NO. k n DATE: October 6, -2009 ® REGULAR [XX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS ~ PRESENTED BY: SUBMITTED BY(DEPT}: County Attorney Daniel S. McIntyre SUBJECT: Rural Lands Stewardship BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: 6nsed on prior Board direction, Staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive P1nn to ,delete the RLSA amendments. .Staff also recommends that the Board authorize the. Growth Management Director to send the attached letter to the owners of the sending and receiving areas, COMMISSION AC'TZON: CONCURRENCE: (]APPROVED ,DENIED OTHER: PULLED Faye W. Outlaw, MPA County Administrator /~~f / Review and Approvals r b/ County Attorney: F Management 4 Budget Purchasing: Ooniel 5. McIntyre Originating Dept. Public Works Oir: County Eng. Finance; (Check for ropy only, if applicable) Eff. 5%96 --r ~ ~2 „ INTER-OFFICE MEMORANDUM ' ST. LUCIE COUNTY, FLORIDA S • TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-1218 DATE: September 23, 2009 . SUBJECT: Rural Lands Stewardship BACKGROUND: The issue of Rural Lands Stewardship was most recently discussed by the Board at the board's Sep#ember 22, 2009 informal meeting. At this time, the Growth Management Director presented a factual summary of the status of the County's Rural Lands Stewardship program, a copy of which is attached. As indicated in the Growth Management Director's summary, the State Division of Administrative Hearings has issued a final order. which discussed the State of Florida Department of Community Affairs (DCA) current position on St. Lucie County's Rural Lands I Stewardship Program. A copy of an excerpt from the DOAH case is attached. The excerpt reflects ~ that DCA believes that the County's RLSA program has several shortcomings and is not an example - ~ of proper planning under the RLSA statute, in addition, the program was criticized as too complex and largely incomprehensible. As a result, a majority of the Board expressed a desire to start the process of amending the Comprehensive Plan to delete the RLSA amendments. A majority of the"Board also directed staff to notify the owners of the sending and receiving areas of the Board's direction and allow.the owners sufficient time to reactivate their applications and obtain a decision from the Board. A copy of a draft letter to the owners from the Growth Management Director is attached. RECOMMENDATION/CONCLUSION: Based on prior Board direc#ion, staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. ' Respe tfully submitt Dani I S. McInty County Attorne DSM/caf Attachments AGENDA REQUEST ITEM NO.,~L _ DATE: October 6, 2009 ~ ® REGULAR jXX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SU$MITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Application of Grove Lnnd Utilities, LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that. the Board authorize . the County Attorney to file the Objection with the Florida Public Service Commission COMMISSION ACTION: CONCURRENCE: [>Q APPROVED [ ]DENIED . [ ]OTHER: ~ . Approved 5-0 Faye W. Outlaw, MPA County Administrator . Review and, Approvals County Attorney: ~ Manngetnent & Budges Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir. County Eng.: - Finance: (Check for copy only, if applicable) Eff. 5/96 . i i i i INTER-OFFICE MEMORANDUM i i ST. LUCIE COUNTY, FLORIDA O I r i TO: Board of Goun#y Commissioners FROM: Daniel S. McIntyre, County Attorney i C.A. NO.: 09-1256 DATE: September 28, 2009 i SUBJECT: Application of Grove Land Utilities, LLC to Operate a Water and j Wastewater Utility to Provide Service in a Portion. of St. Lucie County ~ BACKGROUND: On September 18, 2009, the County received a "Legal Notice" dated September 11, 2009, notifying the County that Grove Land Utilities, LLC ("Grove Land") has applied to the Florida Public Service Commission to operate a water and wastewater utility to. provide service to territory in Indian River, Okeechobee and St. Lucie Counties. A copy of a map locating the property in. St. Lucie County is attached. A copy of the pertinent portion of the Application filed by Grove Land Utilities, LLC is also attached. The legal notice provides that any objection must be in writing and filed with the Office of Commission Cferk, Florida Public Service Commission within thirty days from September 11, 2009. The property in St. Lucie County that Grove Land proposes to serve in St. Lucie County is within the service terri#ory of the St. Lucie County Water and Sewer District. The Board . established the District on June 15, 2004. Pursuant to Chapter 153, Part IT, Florida Statutes, the County has the exclusive right to provide water and wastewater utility service within the District boundaries. No water and wastewater facilities may be constructed wi#hout the prior consent of the District. In addition, the South Florida Water Management District issued a 20-year Consumptive Water Use Permit to serve the 20-year water needs of current and future customers of the County District. The Consumptive Use Permit includes the property which is the subject of the Application filed by Grove Land. A draft Objection is attached for Board consideration. AGENDA REQUEST ITEM N0.~1L DATE: October 6, 2009 ~ ~ REGULAR [XX] o PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Application of Bluefield Vtilities LLC to Operate a Wat¢r and Wastewater Utility to Provide Services in a Portion of St. - Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stuff recommends that the Board nuthorize the County Attorney to file the Objection with the Florida Public Service Commission. COMMISSION ACTION: CONCURRENCE: pfj APPROVED [ ]DENIED [ ]OTHER: Approve 4-1 Comm. Craft voting no. Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 6c Budget Purchasing: Daniel 5, McIntyre Originating Dept. Public Vyorks Dir: County Eng.: Fitxince: (Check for copy only, if applicable} Eff. 5/96 INTER-OFFICE MEMORANDUM ~ ~ _ ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-1264 PATE: September ZS, 2009 SUBJECT: Application of Bluefield Utilities, LLC to Operate a Water and Wastewater Utility to Provide Service in a Portion of St. Lucie County BACKGROUND: On September 29, 2009, the County received a "Legal Notice" dated September 15, 2009, notifying the County that Bluefield Utilities, LLC ("Bluefield") has applied to the Florida Public Service Commission to operate a water and wastewater utility to provide service to territory in Indian River, Okeechobee and St. Lucie Counties. A copy of a map locating the property in St. Lucie County is attached. A copy of the pertinent portion of the Application filed by Bluefield Utilities, LLC is also attached. The legal notice provides that any objection must be in writing and filed with the Office of Commission Clerk, Florida Public Service Commission within thirty days from September 15, 2009. The property in St. Lucie County that Bluefield proposes to serve in St. Lucie County is within the service territory of the St. Lucie County Water and Sewer District, The Board established the District on June 15, 2004. Pursuant to Chapter 153, Part II, Fioridn Statutes, the County has the exclusive right to provide water and wastewater utility. service within fihe District boundaries. No water and wastewater facilities maybe constructed without the prior consent of the District. In addition, the South Florida Water Management District issued a 20-year Consumptive Water Use Permit to serve the 20-year water needs of current and future customers of the County District. The Consumptive Use Permit includes the property which is the subject of the Application filed by Bluefield. A draft Objection is attached for Board consideration.