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August 17, 2010
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
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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.
August 17, 2010
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
www.co.st-lucie.fl.us
www.stiucieco.org
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Charles Grande, Grande, Chairman
District No. 4
Doug Coward, Vice Chairman
District No. 2
Chris Dzadovsky
District No. 1
Paula A. Lewis
District No. 3
Chris Craft
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District No. 5
INVOCATION
PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the July 27, 2010 meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 10-150 — "Florida Water Professionals Week"
Consider staff recommendation to approve to adopt Resolution No. 10-150 as drafted.
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 44, 45 and 46
B. COUNTY ATTORNEY
"After the Fact" Revocable License Agreement — Florida Gas Transmission Company,
LLC — Picos Road and Rock Road
Consider staff recommendation to approve the "After the Fact" Revocable License
Agreement, authorize the Chairman to sign the "After the Fact" Revocable License
Agreement and direct Florida Gas Transmission Company, LLC to record the document in
the Public Records of St. Lucie County, Florida.
2. Contract for Sale and Purchase — Old Dixie Greenway — Robert L. Wilcox — Purchase Tax
ID 1417-131-0001-000/3 — Donation Tax ID 1417-134-0002-000/9
Consider staff recommendation to approve the Contract for Sale and Purchase with
Robert L. Wilcox for $12,350.00 along with the donated parcel, authorize the Chairman to
sign the Contract and direct staff to proceed with closing and record the Warranty Deed in
the Public Records of St. Lucie County.
B. COUNTY ATTORNEY CONTINUED
3. Resolution No. 10-226: Memorandum of Agreement with Department of Transportation for
Improvements within right-of-way of Sunrise Boulevard and Oleander Avenue
Consider staff recommendation to approve Resolution No. 10-226.
4. First Amendment to Facilities Use Agreement with Treasure Coast Food Bank
Consider staff recommendation to approve the First Amendment to the Facilities Use
Agreement with Treasure Coast Food Bank.
5. Resolution No. 10-227 - North Lennard Road 1 Municipal Service Benefit Unit Special
Assessment Bond Series 2010A
Resolution No. 10-228 - North Lennard Road 2 Municipal Service Benefit Unit Special
Assessment Bond Series 2010B
Resolution No. 10-229 - North Lennard Road 3 Municipal Service Benefit Unit Special
Assessment Bond Series 2010C
Consider staff recommendation to adopt Resolution No. 10-227, No. 10-228 and No. 10-
229 and authorize the Chairman to sign the Resolutions.
C. PARKS & RECREATION SERVICES
Waiver of Fairgrounds Facility Rental Fees for the 2010 Love Doctors Charities Annual Toy Drive
Consider staff recommendation to approve to waive $2,156.25 in facility rental fees for the 2010
Love Doctors Charities Annual Toy Drive Marathon to be held at the St. Lucie County Fairgrounds,
Exhibit Buildings A, B and C as outlined in the agenda memorandum.
D. PLANNING & DEVELOPMENT SERVICES
Right -of -Way protection map
Consider staff recommendation to approve authorization to advertise the public hearings to update
and relocate the Right -of -Way Protection Map to the Land Development Code as outlined in the
attached agenda memorandum.
E. PUBLIC WORKS
Engineering Division:
1. Acceptance of the Fairgrounds' Pedestrian Bridge
Consider staff recommendation to approve acceptance of the Fairgrounds' Pedestrian
Bridge.
2. White Way Dairy Road Culvert Improvement Project
Consider staff recommendation to approve the Fourth Amendment to Work Authorization
No. 7 (C07-07- 387) for roadway design services with Miller Legg in the amount of $8,760
and authorization for the Chair to sign documents as approved by the County Attorney.
F
GRANTS/DISASTER RECOVERY
G.
I
Forest Health Improvement Initiative — Grant Acceptance
Consider staff recommendation to approve authorization to accept a grant in the amount of
$18,382.00 from the Florida Department of Agriculture and Consumer Services Division of
Forestry, 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees at Harbour
Pointe Park and to approve Budget Resolution No. 10-224, as outlined in the agenda
memorandum.
ENVIRONMENTAL RESOURCES
Request to purchase a Wood Chipper
Consider staff recommendation to approve authorization to purchase a wood chipper, Equipment
Request No. 10-039, as outlined in the agenda memorandum.
PUBLIC SAFTEY & COMMUNICATIONS
AT&T Contract Service Arrangement Agreement
Consider staff recommendation to approve the AT&T Contract Service Arrangement Agreement
and authorization for the Chairman to sign documents as approved by the County Attorney.
CENTRAL SERVICES
Purchase ice machine for Central Services
Consider staff recommendation to approve Budget Amendment No. 10-030 and
Equipment Request No. 10-038 to purchase a new ice machine in the amount of $4,957,
as outlined in the agenda memorandum.
Amendment to Elevator Service Contract.
Consider staff recommendation to approve first amendment to Contract No. C09-09-431
with General Elevator Sales & Service, to add additional elevators to the elevator service
list, and authorization for the Chairman to sign documents as approved by the County
Attorney.
3. Hazard Mitigation Grant Program — Subgrant Agreement modification.
Consider staff recommendation to approve to modify the Subgrant Agreement between
the Division of Emergency Management and St. Lucie County, as outlined in the agenda
memorandum, and authorization for the Chairman to sign documents as approved by the
County Attorney.
HOUSING & COMMUNITY SERVICES
Community Services:
1. Community Services Block Grant (CSBG) American Recovery and Reinvestment Act
Modification (ARRA)
Consider staff recommendation to approve agreement modification for the CSBG ARRA
and Budget Resolution No. 10-225, and authorization for the Chairman to sign all
necessary documents.
J. HOUSING & COMMUNITY SERVICES CONTINUED
2. 211 Palm Beach/Treasure Coast, Inc. Agreement — Community Service Block Grant
(CSBG)
Consider staff recommendation to approve the agreement with 211 Palm Beach/Treasure
Coast, Inc. and authorization for the Chairman to sign documents as approved by the
County Attorney, as outlined in the agenda memorandum.
K. INVESTMENT FOR THE FUTURE
Central Services:
Purchase lawn mowers for the Sheriffs Department
Consider staff recommendation to approve Budget Amendment No. 10-030 and Equipment
Request No. 10-040 and 10-041 to purchase six lawn mowers for the Sheriffs Department at a
combined cost of $29,120, as outlined in the agenda memorandum.
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Ordinance No. 10-028 — Court Fees
Consider staff recommendation to approve proposed Ordinance No. 10-028.
B. COUNTY ATTORNEY
Ordinance No. 10-029 — Surplus Property Procedure
Consider staff recommendation to approve proposed Ordinance No. 10-029.
C. COUNTY ATTORNEY
Ordinance No. 10-027 Economic Development Exemption Application — Silver -Line Plastics
Corporation
Consider staff recommendation to approve Ordinance No. 10-027 and authorize the Chairman to
sign the Ordinance.
D. ENVIRONMENTAL RESOURCES
Resolution No. 10-108, River Park Marina Shoreline Variance
Consider staff recommendation to approve Resolution No. 10-108 granting a variance from the
provisions of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code — St. Lucie
River Shoreline Setbacks, to allow for the construction of a pavilion on the River Park Marina
property, located at 500 East Prima Vista Boulevard, as outlined in the agenda memorandum.
E. COUNTY ATTORNEY
404 East Easy Street, Fort Pierce, FL — Unsightly and unsanitary conditions causing serious threat
to public safety.
Consider staff recommendation to order the property owner to remove the unsightly and unsanitary
conditions on the property or St. Lucie County will have it cleared and place a lien on the property.
F. PLANNING & DEVELOPMENT SERVICES
Prayer Tower — Rezoning and Preliminary and Final (PNRD) Planned Non Residential
Development Site Plan approval.
Consider staff recommendation to approve adoption of Resolution No. 10-106 granting approval of
the rezoning request from RS-4 to PNRD and the Preliminary and Final PNRD Site Plan, as
outlined in the attached memorandum.
G. PLANNING & DEVELOPMENT SERVICES
Kennels as a Permitted Use in the IL Zoning District
Consider staff recommendation to review a text amendment to the LDC to include kennels as a
permitted yet restricted use in the IL zoning district (Ordinance No. 10-026).
Vill. COUNTY ATTORNEY
Amended and Restated Interlocal Agreement between the County and the City of Fort Pierce — Parks MSTU
Consider staff recommendation to approve the Amended and Restated Interlocal Agreement and authorize
the Chairman to sign the Agreement.
IX. ANNOUNCEMENTS
The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August
24, 2010 at 1:30 p.m. in Conference Room #3.
2. The Board of County Commissioners will hold a Workshop on the Jail on Wednesday, September
1, 2010 at 1:30 p.m. in Conference Room #3.
3. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday,
September 9, 2010 at 6:00 p.m.
4. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday,
September 23, 2010 at 6:00 p.m.
5. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday,
September 28, 2010 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 swom 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) 462-1 T77 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 27, 2010 Convened: 9:00 a.m.
Adjourned: 2:40 p.m.
Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Dzadovsky, Chris
Craft
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan
McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Beth Ryder, Community Services
Director, Marie Gouin, OMB Director, Jack Southard, Public Safety Director, Don West, Public Works
Director, Jim David, Mosquito Control Director, Bill Hoeffner, Human Resources Director, Mark Satterlee,
Development and Planning Services Director, Todd Cox, Airport Manager, Michael Brillhart, Eco. & Strategic
Planning Director, Millie Delgado -Feliciano, Deputy Clerk
INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the July 20, 2010 meeting.
It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held July
20, 2010, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. There are no proclamations/presentations scheduled for July 27, 2010.
V. GENERAL PUBLIC COMMENT
Mr. Jerry James, area business owner, addressed the Board in opposition to raising the millage rate. He
stated the Board should consider those who under economic stress and could not afford such an increase.
Mr. Tom Ladomirak, Port St. Lucie resident, addressed the Board and thanked them for their support with
the green job task force. He advised the Board he is enrolled into the training since being laid off from his
job in September. He recommended the Board consider fees based recreation services in order to assist
the county with these difficult economic times.
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda as amended,
and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 43
The Board approved Warrant List No. 43.
B. COUNTY ATTORNEY
Cortez Village - Fifth Amendment to June 23, 2007 Agreement with Cortez Townhomes,
L.L.C., and Gregg R. Wexler
The Board aapproved the Fifth Amendment to the June 23, 2007 Agreement, and
authorized the Chairman to sign the Fifth Amendment.
2. Transit Shelter Program - Agreement with Indian River State College
The Board approved the Transit Shelter Agreement with Indian River State College, and
authorized the Chairman to sign the Agreement.
Donation of Road Right-of-way Butterfly Enterprises, L.L.C. - Persnickety Farms -
Special Warranty Deed for 40-feet of right-of-way on Header Canal Road - Resolution No.
10-211
The Board approved accepting the Special Warranty Deed subject to the Phase 1
Environmental Site Assessment being acceptable to the County Attorney, authorized the
Chairman to sign Resolution No.10-211 and directed staff to record the documents in the
Public Records of St. Lucie County, Florida.
B. COUNTY ATTORNEY CONTINUED
4. Approval of Budget Resolution No. 10-215 allowing the County to budget third year grant
funds from the State of Florida (Criminal Justice, Mental Health and Reinvestment Grant).
The Board approved Budget Resolution No. 10-215 to budget the funds from the State
Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant.
5. Contract for Sale and Purchase - Paradise Park Stormwater Improvement - R.D. Brown
and Berthina Brown - Tax ID's 1433-701-0520-000/6 and 1433-701-0521-000/3
The Board approved the Contract for Sale and Purchase from R.D. Brown and Berthina
Brown for the purchase price of $19,000.00, authorized the Chairman to sign the Contract
and directed staff to proceed with the closing and record the Warranty Deed in the Public
Records of St. Lucie County.
Treasure Coast FBO, LLC - Assignment of Keith J. Snyder Hangar Sublease to Wayne J.
Snyder
The Board approved the proposed Assignment of Agreement from Keith J. Snyder to
Wayne J. Snyder, and authorized the Chairman to sign the document.
7. Mutual Termination Agreement with H&D Construction Company, Inc. and the Guarantee
Company of North America USA
The Board approved the Mutual Termination Agreement with H&D Construction, Inc. and
the Guarantee Company of North America USA
8. Amendment to Health Department Lease
The Board appro ved th a amendment to the lease for the Health Department's WIC
Program as reviewed by the County Attorney.
C. ENVIRONMENTAL RESOURCES
Environmental Regulations and Land Division:
1. Reimbursement for sea grape trimming and exotic removal on County property
The Board approved Budget Resolution No. 10-203 and authorized the Chairman to sign
documents, as approved by the County Attorney.
2. Environmental Lands Mowing Contract
The Board approved entering into a contract with Treasure Coast Lawns, Inc. for the
routine mowing of the public access areas within the County's environmentally sensitive
lands, in an amount not to exceed $36,000.00 per year, and authorized the Chairman to
sign contract documents as approved by the County Attorney.
D. SOLID WASTE
r�
Resolution No. 10-161— Initial Assessment Resolution
The Board approved the adoption of Resolution No. 10-161, the Solid Waste Initial
Assessment Resolution, and authorized the Chairman to sign documents as prepared by
the County Attorney.
D. SOLID WASTE CONTINUED
2. Repair tipping floor at Baling Facility
The Board approved sole source to TUFCO Industrial Flooring, Inc. for repair of tipping
floor in the amount of $159,000 and authorized Chairman to execute documents as
approved by the County Attorney.
E. PLANNING & DEVELOPMENT SERVICES
St. Lucie County International Airport:
1. Resolution No. 10-192; Budget Amendment No. 10-026, Runway 10R/28L Rehabilitation
and Security Improvements
The Board approved Resolution No. 10-192 accepting the FDOT Supplemental Joint
Participation Agreement with no local match required; Budget Amendment No. 10-026
transferring the remaining FDOT grant funds ($10,361.80) and the remaining unused local
match funds ($2,590.45) as outlined in the agenda memorandum, and authorized the
Chairman to sign documents as approved by the County Attorney.
FDOT SJPA's Correction for Runway 10R/281- Rehabilitation Project and Correction to the
Security Fencing (Phase 5) Project
The Board approved Resolution No. 10-193 and Resolution No. 10-202 accepting the
FDOT SJPA's, correcting the original FDOT JPAs with no change to approved budget
costs, approval of Budget Amendment No. 10-028, and authorized the Chairman to sign
documents as approved by the County Attorney.
Administration:
3. Work Authorization for Neighborhood Charrette Services with Trias & Associates
The Board approved Work Authorization No. 1 of Contract C09-11-655 for Charrette
Services in the area around the Treasure Coast Research & Education Park
Business and Concurrency Management/Tourism:
4. Tourist Development Council Grant Agreement for Heathcote Botanical Garden
expansion project
The Board approved The Tourist Development Council Grant Agreement with Heathcote
Botanical Garden's in an amount not to exceed $148,720 and authorized the Chairman to
execute the agreement and authorized the County Administrator to sign the Notice of
Commencement and all other documents associated with the expansion as approved by
the County Attorney.
F. PUBLIC WORKS
Engineering Division:
1. North Lennard Road 1 Municipal Service Benefit Unit (MSBU) Assessment Services
The Board approved the Second Amendment to Work Authorization No. 2 with Camp,
Dresser, & McKee as outlined in the agenda memorandum and authorized the Chairman
to sign documents as approved by the County Attorney.
PUBLIC WORKS CONTINUED
2. Acceptance of Okeechobee Road (SR 70) Left Turn Lane at Peacock Road
The Board approved the acceptance of the Okeechobee Road (SR 70) Left Turn Lane at
Peacock Road and transfer of the improvement to FDOT.
3. North Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) Construction
Contract
The Board approved, contingent on approval of regular Item IX, to award the construction
contract to Guettler Brothers Construction as outlined in the agenda memorandum and
authorized the Chairman to sign documents as approved by the County attorney.
4. North Lennard Road 1, Municipal Service Benefit Unit (MSBU) Soil Testing
The Board approved, contingent on approval of regular Item IX, Work Authorization No.
41 to the contract with Dunkelberger Engineering & Testing, Inc. as outlined in the agenda
memorandum and authorized the Chairman to sign documents as approved by the
County Attorney.
North Lennard Road 1 and 2 Municipal Service Benefit Units (MSBUs) Construction
Engineering Inspections
The Board approved, contingent on approval of regular Item IX, Work Authorization No. 2
and No. 3 with Culpepper & Terpening, Inc. as outlined in the agenda memorandum and
authorized the Chairman to sign documents as approved by the County Attorney.
G. PARKS & RECREATION SERVICES
Budget Amendment BA10-029 to Purchase a Paint Liner — Equipment Request EQ10-030
The Board approved Budget Amendment BA10-029 and Equipment Request EQ10-030,
to purchase a paint liner at a cost of $2,145.
Rental/Lease Agreement with Mount Bethel Baptist Church for the Havert L. Fenn Center
The Board approved a Rental/Lease Agreement with Mount Bethel Baptist Church for use
of the Havert L. Fenn Center for rental fees of $4,500 per month ($54,000 per year) as
outlined in the agenda memorandum, and authorized for the Chairman to sign documents
as approved by the County Attorney.
H. MANAGEMENT & BUDGET
Purchasing Division:
Lennard Road 1, 2 and 3 MSBU's
The Board approved Budget Resolution No. 10-217 ($5,200,000 for Lennard Rd. 1), No. 10-218
($880,000 for Lennard Rd. 2) and No. 10-219 ($266,000 for Lennard Rd. 3), contingent on the
Board approving the loan resolution.
HOUSING & COMMUNITY SERVICES
Community Services Division:
1. Park and Ride
The Board approved Budget Amendment No. 10-027 and Capital Improvement Program
No. 10-036, and authorization for the Chairman to sign documents as approved by the
County Attorney
2. Transit Fare Increase
The Board approved a transit fare increase as outlined in the agenda memorandum and
Resolution No. 10-191, and authorized the Chairman to sign documents as approved by
the County Attorney.
3. Community Services Block Grant (CSBG) FY11
The Board approved acceptance of the FY11 CSBG grant, approved Budget Resolution
No. 10-220 and authorized the Chairman to sign documents as approved by the County
Attorney.
Housing Division:
4. St. Lucie County HOME Consortium Fourth Year Action Plan
4
The Board approved the St. Lucie County HOME Consortium Fourth Year Action Plan,
and authorized the Chairman to sign documents as approved by the County Attorney.
5. Award of Neighborhood Stabilization Program (NSP) Rehabilitation Bids
The Board approved the bid awards for four rehabilitation housing projects under the St.
Lucie County NSP Grant, and authorized the Chairman to sign documents as approved
by the County Attorney.
6. Neighborhood Stabilization Program (NSP) Modification
The Board approved of NSP Modification #2, and authorized the Chairman to sign
documents as approved by the County Attorney.
TRANSPORTATION PLANNING ORGANIZATION
Resolution No. 10-210, Budget Amendment
The Board approved Budget Resolution No. 10-210 in the amount of $479,792.
K. HUMAN RESOURCES
St. Lucie County Employee Handbook — Amendment to emergency wage and hour procedures for
exempt employees.
The Board approved Resolution 10-216 amending Resolution No. 86-173 as delineated in the
Background information.
L. ST. LUCIE COUNTY SUPERVISOR OF ELECTIONS
Federal Election Activities Agreement Budget Amendment
The Board approved Budget Resolution No. 10-223 in the amount of $28.038 to amend the budget
for the Federal Election Activity Agreement for FY 2009-2010.
M. GRANTS/DISASTER RECOVERY
Phase 2, Taylor Creek Dredging and Restoration — Grant Application
The Board approved submitting a grant application, in an amount not to exceed $1,295,096, to the
Florida Seaport Transportation and Economic Development Council for Phase 2, Taylor Creek
Dredging and Restoration.
VII. PUBLIC HEARINGS
There are no public hearings scheduled for July 27, 2010.
VIII. PLANNING & DEVELOPMENT SERVICES
Oxford Management Services — Request for Additional Job Growth Investment Grant (JGIG) Incentives
Consider staff recommendation to:
(1) Revise the April 22, 2008 adopted Job Growth Investment Grant (JGIG) to reduce the $489,375
grant amount payout term from ten years to five years in order to expedite payment and provide
funding resources for Oxford Management Services (OMS) to hire additional staff. Under this
Agreement, OMS is required to hire a total of 225 employees by December 31, 2011. This
recommendation is shown on the attached JGIG-10-020 (Revised).
(2) Adopt a second JGIG Agreement in the amount of $146,250 phased over five years for the hiring
of 75 additional employees (300 employees total) by December 31, 2011 as reflected in the
attached JGIG-10-030 (New)
It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation, and; upon roll
call, motion carried unanimously.
IX. COUNTY ATTORNEY
Resolution No. 10-212 — North Lennard Road 1 Municipal Service Benefit Unit Special Assessment Bond
Series 2010A
5
Resolution No. 10-213 — North Lennard Road 2 Municipal Service Benefit Unit Special Assessment Bond
Series 2010E
Resolution No. 10-214 - North Lennard Road 3 Municipal Service Benefit Unit Special Assessment Bond
Series 2010C
Consider staff recommendation to approve adoption of Resolution No. 10-212, Resolution No. 10-213, and
Resolution No. 10-214 and authorization for the Chairman to sign the Resolutions.
It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll
call, motion carried unanimously.
X. PUBLIC WORKS
Administration:
Platt's Creek Mitigation Agreement with Port St. Lucie.
Consider staff recommendation to approve the attached Memorandum of Agreement for the Platt's Creek
Mitigation Project with the City of Port St. Lucie and authorization for the Chairman to sign documents as
approved by the County Attomey.
It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll
call, motion carried unanimously.
XI. MANAGEMENT & BUDGET
Approval of proposed millage rates and dates for public hearings
Board approval to:
1. Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet Analysis of Roll -
Back Millage Rate for fiscal year 2010-2011" under the column headed "2010-2011 proposed millage."
2. Set two public hearings on September 91h and 23rd 2010, at 6:00 P.M. in the Roger Poitras
Administration Annex Commission Chamber.
3. Authorize the County Administrator to be able to modify the millage rates between General Fund and
Fine and Forfeiture Fund as long as the total countywide millage stays the same. Also, authorize the
County Administrator to transmit the proposed millage rates to the Property Appraiser's Office on Form DR-
420, DR-420 C-P and DR-420 TIF.
4. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll -Back Millage rate for
fiscal year 2010-2011" under the column headed "2010-2011 proposed millage".
The Management and Budget Director addressed the Board on this item and reviewed the Worksheet
Analysis of Roll -Back Millage Rate for FY 2010-2011. She advised the Board the General Fund and Fine
and Forfeiture Fund current millage is 6.1651 and the proposed rate is 6.7504 an increase of .5853. The
.5853 is the net of the .7656 discussed at the workshop after deducting the Law Enforcement MSTU and the
Transit MSTU. The next change is the lighting districts. They are being converted and there are still 5 that
are needed to be converted which will show up as a non ad -valorem assessment on the tax notices.
The Law Enforcement MSTU millage will be changed from .3736 to .5103 increase of .1367; the Transit
MTU millage will be changed from .0833 to 0.1269 an increase of .0436 based on the discussions at the
workshop.
Staff is requesting Board approval of items 14 as indicated above.
The Management and Budget Director stated the aggregate millage presently is 7.3057 and the proposed
aggregate millage is 7.9987. The increase to the aggregate would be .6930. The decrease over roll back
would be .2633 and the total percentage of the decrease in aggregate millage over roll back would be
3.19%.
Com. Craft advised the Board that this amounts to the county collecting $2.6 million dollars less next year
than they did this year.
The County Administrator presented what the county had done to bring us to where we are today over the
last few years. She advised the Board in FY 07 FTE's were 984 at peak and in FY11 we are at the 1992
staffing level of 574 FTE's.
0
At the conclusion of this presentation, the County Administrator was asked what her recommendation would
be today.
The County Administrator advised the Board, her recommendation would be to go back to the Roll Back
Rate for the General Fund and Fine and Forfeiture Fund. She advised the Board it will be very difficult to
maintain the quality of life and service level the Board demands with further reductions in operations. The
budget is down between the FY02 and FY 03 levels.
Com. Dzadovkky stated more can be done across the board and there are a number of variables that can
be looked at going forward, he believes they need to find the right size of government and equilibrium to that
which is wants and needs, required services and what the taxpayers are demanding. He would support
setting a millage rate as projected today but would be looking not for a roll up in September. Setting the
millage today would give the taxpayer review of their truth in millage and what the affect would be to each
individual and to then have further discussion in September as to what the actual millage rate would be.
Com. Craft stated he believes the Tax Reform and Amendment I impact to our budget was in the vicinity of
$40 million. He stated he supports the County Administrator's recommendation to go back to the roll back
rate and he hopes there is support from the Board to at least advertise it and provide the additional 2. 6
million and this does not get them even close to where they need to be even with the assistance of the
Sheriff. He believes they have cut all they could without affecting public safety and stated he believes it is
the fiscally responsible thing to do.
Com. Lewis addressed the fact they have held the line for the last four years. She stated if they move to roll
back this year it will provide 11 million in revenues, however, if they wait until next year with the 5%
anticipated decline in property values, it would generate 3 million. She stated she could no longer sit aside
and watch revenues decline especially with the services the taxpayers are requesting. She recalled being
told the county had lost two grants due to the fact staff was not available to pursue them. She advised the
Board and those present that she would be supporting going to roll back.
Com. Grande stated he could not support either of the stated recommendations. He believes that the
people of the county are as bad off as the government. He stated the concept of going out with a fairly
significant millage increases are hard for him to look at. He believes they are still a lot to be done and
negotiated with the Constitutional Officers particularly the Sheriff and the jail. He cannot support going to
roll back, nor going to .5853 for the General and Fine and Forfeiture Fund.
Com. Dzadovsky addressed the fact there are many issues affecting the public such as 50%+ of the
residents are upside down on their mortgages, inmate medical costs are being billed at 400% by the local
hospital where we are required by statute to send the inmates for treatment. He reiterated the fact that all
these issues affect the budget and the area residents with regard to the taxes.
Com. Coward stated now is not the time to propose a tax increase due to the economy, people upside down
in their mortgages, unemployment etc., and felt this would not be the right message to send to those
companies interested in coming to our area. He can support modifying the millage rate that will not have a
net increase on the majority of the taxpayer but will generate additional revenue. He stated he is presently
looking at some of the figures being provided. He is concern with the magnitude of the increase when the
accumulative figures are added.
Com. Craft stated if they kick the can down the road per say, he does not see the savings over the next two
years coming close to closing the gap. He stated, what they are attempting to do is to have the revenues
equal the expenses.
Com. Dzadovsky stated this is a time when assessed values are down and we are crossing an intersection
of those who had homestead and the 3% creeping increase and did not have the high appraised value and
to pay the high taxes during the boom time and today we are at that intersection and they are now getting in
line with the appraised value today. He stated we are approaching a 40 million dollar deficit and he stated
he would not agree in 2012 or 2013 to increase the millage to the max of 10. This would give us the
opportunity to inch back an x amount of dollars and give us the opportunity to find ways of meeting what
may still be a future deficit. He is not willing to go back to the full roll back rate. He would prefer to make a
motion to what they agreed at the workshop. This will give the residents the opportunity to tell us if they can
live with the proposed millage and then know if they are willing to live without services, parks etc. He can
assure everyone that in 2013, those libraries and parks will be closed.
It was moved by Com. Dzadovsky to raise the millage for the Fine and Forfeiture by .5853; seeing none, the
motion died for lack of second.
7
Com. Grande addressed the additional separate entities that have raised their millage and the accumulative
affect it would have on the residents. He stated he believed this is the wrong time. He believes those
companies who have had the tax abatements which are getting lower will be paying more in the future.
Com. Craft alluded to the plan of furlough for the employees next year and stated they did not have a choice
and this would need to be part of the plan today and all of these additional things do not get them where
they need to be. He stated he does not believe the economy will get better right away it has never done so
in our county's history.
Com. Craft stated he would say it publicly, if Com. Dzadovsky was to support roll back for advertising and
are unable to come to an agreement, he would support his proposal in September when it comes back,
.5853 which he agreed to.
Com. Dzadovsky stated he would agree to set the millage today with the offset for law enforcement and
transit and have further discussions and possibly set a lower rate in September.
Com. Grande requested clarification from Com. Craft as to what he was indicating.
Com. Craft stated he was asking Com. Dzadovsky to support the roll back rate in Fine and Forfeiture Fund
and General Fund today and if they cannot come to a compromise he would support the .5853 or lower in
September. He believes they need to advertise the higher rate in order to give them as much flexibility as
possible.
Com. Dzadovsky stated he did not have the intention to get to the negotiated rate. He knows they must fill
the gap; there are still many variables that need to be addressed. It was his hope that they could get to an
agreement that the whole Board would support.
Com. Lewis stated she could support the increase to .5853 or less (pertaining to any additional economies
they could discover in the interim) as stated in the workshop by Com. Craft.
Com. Craft stated he was utilizing the .5853 as a fallback position he wanted to support the roll back for
advertising purposes to give them as much flexibility as possible. He believes the roll back dollars would
generate 13 million, 11 million dollars generated is significant to where they need to be over three years it
would compound to 33 million still leaving a 7 million dollar gap to close for 2013 and this is what he was
hoping to do. The 13 million dollars in revenue was what he was hoping to have this year.
Com. Dzadovsky stated his disappointment to having an additional workshop day to come up with a
compromise and today they have not done so. He stated at this point he made a proposal on Monday
which was to go to a .3197 total millage including the Law Enforcement and Transit millage increases,
generating 4.8 million dollars and since they were not able to come to an agreement, he would go back to
his original proposal of .3197 millage to include the Law Enforcement and Transit millage increased and
over three years would provide 15 million. This equates to about $50.00 per year for a $100,000 home.
It was moved by Com. Dzadovksy to increase the millage .3197 including the Law Enforcement and Transit
millages increases the difference would be the Fine & Forfeiture and General Fund.
Com. Grande questioned the numeric figures presented by Com. Dzadovsky.
The Management and Budget Director stated she believed the Commissioner meant .5 and this would
include the two MSTU's and making the Fine and Forfeiture Fund and General Fund .3197.
Com. Coward requested to address the question of what additional cuts would be made. He stated there
are several categories where they can make the budget sustainable 2 years out. He addressed the
reduction in jail population and the cost in administrating the jail has not changed, we need to become more
efficient. Also the county health benefits, the employees should be asked to contribute more to be in line
with the private/public sector; the operating of our facilities with regard to energy consumption. He stated he
also still has a problem with our proposed transit millage increase to take people to shop in Martin County.
Com. Coward stated they have several economic opportunities knocking on our doors to come into St. Lucie
County and he believes they would have a concern with having a tax increase. He stated his position on
taxes has been misrepresented by the newspapers and he would like the media to take the time to sit with
the Property Appraiser office and be apprised of the actual figures. He stated he would support an
adjustment in the millage rate that will not make a net increase in taxes to the residents.
Com. Craft stated, if you took out the total equation of the jail, this would be $30,000,000; include health
benefits, furloughs, closing the Fairgrounds, we would not get close to what is needed and closing the jail is
something that will never happen. What he is suggesting is the millage rate they need to get them in the
ball park with the additional changes is roll back due to the fact they are facing an additional 5% reduction
0
next year in value and they still have a long way to go even if the 5% would be an increase opposed to a
reduction in property values. He believes the citizens understand the position the county is in. He proposed
paying off the bond for the ESL and this would provide another 1.5 million for next year.
Com. Grande asked for a second, seeing none, the motion died for lack of second.
It was moved by Com. Craft, seconded by Com. Lewis, to accept the County Administrator's
recommendation of roll back for the General Fund and Fine and Forfeiture with the increase to the MSTU's
of the Law Enforcement as well as Transit; and, upon roll call, the vote was follows: Nay's: Coward,
Dzadovsky, Grande; Aye's: Lewis, Craft; motion denied by a vote of 3 to 2.
Com. Craft reiterated his position where he would support .5853 in September if they cannot find the cuts to
get them where they need to be between now and September.
It was moved by Com. Dzadovksy, to approve what was agreed to on Monday as a combined total that
would include the MSTU's otherwise he will end up agreeing to the highest number but promises he will not
get remotely close to that number in September;
Com. Craft stated if there was a willingness to pay off the Environmental Land Bond, he would support the
.5853.
Com. Dzadovsky stated the reason for his compromise is that it provides the impetus to be efficient, to work
towards stability and to work towards a sustainable budget. He does not wish to go to a full roll back due to
the hole they are in going into 2013. More has to be done and if the roll up and taking the proposed to be 33
million dollars should nothing else occur between now and then, they still do not have the impetus he
believes as great, to continue to find efficiencies or cuts. He believes he is coming further than from what he
originally proposed in his previous motion
Com. Craft stated this is why he is asking for another $705,000 toward that and he would agree to the .5853
because they would be able to return that .0459 millage to the roll.
Com. Coward stated he believed Com. Craft's move was disingenuous and what he was actually attempting
to do was to take a voter referendum millage that we told them that when it was done, it was going to go
away and what he is doing is removing the millage, shift it over and add it to the tax roll somewhere else.
Com. Craft stated he did not wish for anyone to think he was being disingenuous and stated that was
actually what he was attempting to do.
Lunch Break
At this time the Board re -convened.
The County Attorney addressed the Board regarding a previous question asked by the Chairman. He
advised the Board that should the Board not take any action today on setting a millage rate, it would then
default back to the Roll Back Rate. This information was obtained from the Department of Revenue.
The County Attorney recommended to the Board they establish a millage rate today.
It was moved by Com. Dzadovsky to approve the millage discussed and supported by two other Board
members on Monday, .5853 supporting both MSTU's seconded by Com. Craft for discussion;
Com. Craft questioned the revenue generated at that rate.
The Management and Budget Director stated at .7656 you would generate 11. Million and at .5853 would
generate 8.4 million, the roll back difference would be 2.6 million.
Com. Craft stated this would still leave a 31 million dollar gap in our revenues and expenses, He believes
roll back would put them in a greater position and he is not asking to do this in one year. He apologized for
changing his position. He was still hesitant to support the motion even though he was the second. He
asked the motion maker to withdraw his motion and support the roll back.
Com. Coward requested a clarification of the roll back figures and what is being advocated.
The Management and Budget Director stated for the General and Fine and Forfeiture Funds the roll back
rate would be .7656, the Law Enforcement MSTU increase is .1367 and Transit MSTU would be .0436.
Com. Dzadovsky stated when he agreed to a compromise on Monday it was to have a place holder, but was
very clear this was not the final number he would be looking for in September and would be looking for
something less than that. He stated if this is the case, then he would be going in the other direction trying to
find a middle ground and have a discussion with the public and decide in September after finding a middle
ground. He stated they need to find a baseline as to what it would take to run a government that it by the
people for the people. He stated he wished to start with this place holder number and stated that in
September he will not be agreeing to this being the millage rate but will be looking for something lower.
Com. Grande stated he disagreed with the 4000% increases representation indicated. The 35 million or 41
million dollar gap three years from now is an assumed figure and is an estimate in reality. He is not 100%
sure that he is right, but he is sure no one else is either.
Com. Lewis stated the problem being if this is carried out and if they do not have the increase that Com.
Grande is expecting to take up the gap, then where will the county be in 3 years. She does not believe the
losses can be made up in two years. She stated they needed to prepare for the worst and they cannot set
the lowest rate hoping it turns out okay. She stated she is still in the position where she would like to
prepare for the worst.
Upon roll call, the vote was as follows, Aye's: Com. Dzadovsky; Nay's: Lewis, Craft, Coward, Grande,
motion denied by a vote of 4 to 1.
At this time Chairman passed the gavel to the Vice Chairman who presided
It was moved by Com. Grande, to hold the Fine and Forfeiture/General Fund millage as is with a zero
adjustment; hearing none, motion died for lack of second.
It was moved by Com. Grande to increase the Fine and Forfeiture/General Funds millage by .25
Com. Craft asked what this would equate to.
Staff advised Com. Craft it would be 3.6 million.
Com. Dzadovsky asked if this included the two MSTU's increases
Com. Grande stated no and believes they should be handled differently,
The Vice Chairman handed the gavel back to the Chairman and seconded the motion
And; upon roll call, the vote was as follows, Nay's: Dzadovsky, Lewis, Craft, Aye's: Coward, Grande, motion
denied by a vote of 3 to 2.
It was moved by Com. Craft to support the recommendation of the County Administrator to roll back with the
on General Fund and Forfeiture with the increases to the Law Enforcement and Transit MSTU's, seconded
by Com. Lewis, and; upon roll call, the vote was as follows; Nay's; Coward, Dzadovsky, Grande, Aye's:
Lewis and Craft, motion denied by a vote of 3 to 2.
It was moved by Com. Dzadovsky to approve his previous motion (combination of all millage rates to equal
roll back) hearing none, motion died for lack of second.
Com. Dzadovky asked if there was a consensus of approval for Law Enforcement and Transit of MSTU's
Com. Dzadovsky stated he would propose to reduce it to .5 plus the MSTU's increases
Hearing none, motion died for lack of second.
Com. Craft stated he was giving his word that he would work to get them where they needed to be.
Com. Dzadovsky asked the difference in the dollar value of what is being proposed today and what was
proposed on Monday.
Staff indicated the difference was $2.6 million.
Com. Craft stated he would meet Com. Dzadovsky half way if Com. Lewis also approved.
Com. Lewis stated she still had misgivings, but she also believes that before September there will be some
more efficiencies and economies.
Com. Grande stated he believed this was asking too much of the taxpayers and would not support the
motion.
10
It was moved by Com. Dzadovsky to approve the millage for the General and Fine and Forfeiture Fund to be
increased by .6755 totaling 6.8406 millage rate, and; upon roll call, the vote was as follows: Aye's: Lewis,
Craft, Dzadovsky; Nay's: Coward, Grande, motion carried by a vote of 3 to 2.
MSTU'S
Transit MSTU
It was moved by Com. Craft, seconded by Com. Lewis, to increase the Transit MSTU by 1.0436, and; upon
roll call, the vote was as follows; Aye's: Dzadovsky, Lewis, Craft, Grande; Nay's: Coward; motion carried by
a vote of 4 to 1.
Law Enforcement MSTU-
It was moved Craft, seconded by Com. Coward, to increase the Law Enforcement MSTU by 1.367, and;
upon roll call, motion carried unanimously.
Balances of Millages listed on Column E
It was moved by com. Craft, seconded by Com. Lewis, to approve the balance of the millages on Column E,
and; upon roll call, motion carried unanimously.
Item 11 numbers 1-2
It was moved by Com. Craft, seconded by Com. Lewis, to approve item 1 and 2, and; upon roll call, motion
carried unanimously.
Item 11- number 3
It was moved by Com. Craft, seconded by Com. Lewis to approve item 3 and; upon roll call, the vote was as
follows: Aye's: Lewis, Craft, Dzadovsky, Grande, Nay: Coward, motion carried by a vote of 4 to 1.
Com. Dzadovsky requested the ratification of his appointee to the Harbor Advisory Board, Mr. Andy Brady.
It was moved by Com. Coward, seconded by Com. Craft, to ratify Mr. Brady's appointment, and; upon roll
call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
11
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. IV -A
DATE: August 17, 2010
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT[]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 10-150 - "Florida Water Professionals Week"
BACKGROUND: Timothy A. McVeigh, President, Florida Water & Pollution Control
Operators Association, has requested that this Board proclaim
August 16-20, 2010 as "Florida Water Professionals Week" in St.
Lucie County, Florida. The attached Resolution No. 10-150 has
been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 10-0150 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ]OTHER:
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
X Count Attorney:
[] Y Y
Daniel S. McIntyre
Resolution 10-150
A RESOLUTION PROCLAIMING THE WEEK OF
AUGUST 16 THROUGH AUGUST 20, 2010 AS
"FLORIDA WATER PROFESSIONALS WEEK" IN
ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Water and Pollution Control Operators Association is a statewide
organization composed of water industry professionals, who dedicate themselves to
the production and distribution of safe drinking water, as well as the proper
collection, treatment, reuse, and disposal of wastewater and stormwater.
2. This organization is committed to protection the health of Florida's citizens and our
state's natural resources and supports the training, certification, and licensing of water
industry personnel as a means to achieve these goals.
3. This organization, in recognizing the importance of the Florida Statutes and
Administrative Code that regulate the water industry, acts as liason between the
Florida Department of Environmental Protection and Industry personnel.
4. Each year the Florida Water and Pollution Control Operators Association recognizes
all those who have played a significant part in operating and maintaining drinking
water, wastewater, and stormwater systems in Florida by celebrating Florida Water
Professionals Week, which applauds their constant efforts to protect our health and
environment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby proclaim the week of August 16 through 20, 2010 as
"FLORIDA WATER PROFESSIONALS WEEK" in St. Lucie County, Florida.
PASSED AND DULY ADOPTED this 17T" day of August 2010.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
0M
CONSENT
AGENDA
ITEMS
07/30/10
FZABWARR
FUND TITLE
001
001113
001181
001443
001508
001510
001512
001823
101
101002
101003
101004
101006
102
102001
107
107006
107161
107162
107205
107206
111
112
113
114
116
117
119
120
122
123
126
127
128
130
130101
130102
130105
130107
130207
130210
136
138
139
140
140351
140354
140368
ST. LUCIE COUNTY - BOARD
WARRANT LIST #44- 24-JUL-2010 TO 30-JUL-2010
FUND SUMMARY
General Fund
CDBG Supp Disaster Recovery Subgran
FTA Section 5307 Operating & Capita
FDCA RCMP Grant
FTA Buses
CSBG FY 2009-2010
Neighborhood Stabilization Program
INTACT
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
Fine & Forfeiture Fund
F&F Fund -Court Related Technology
Edward Byrne Mem JAG ARRA 2009
Edward Byrne Mem. JAG 2009
Juvenile Justice & Delinquency Prev
FDCF Criminal Justice, Mental Healt
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
The Grove Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
SLC Public Transit MSTU
FTA Operating and Capital Assist
FTA 5307-ARRA 2009 Capital Projects
FTA 5307-2 2009 Cap & Oper
FTA 5311 Block Grant
FDOT Fized Route Grant
FDOT 5311 Block Grant
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Palm Grove Fund
Airport Fund
Install Access Control System
Lighting Protection
FDOT - Taxiway C Rehabilitation
EXPENSES
402,042.15
139,594.40
31,503.00
33,670.04
741.00
1,579.13
304,921.53
353.59
956.57
12,228.72
2,431.65
8,200.06
700.00
2,207.66
2,472.71
89, 985.17
7, 610. 94
310,271.47
13,921.47
375.00
633.14
2,795.17
604.86
230.31
506.53
563.51
140.18
854.21
177.07
993.50
354.05
124.36
376.04
497.92
42,547.79
1, 010.00
18,787.10
137, 026.00
9,029.37
21,612.77
37,134.52
1, 754 .03
256.03
754.29
2,369.77
62,710.26
348.40
74,668.25
PAGE
PAYROLL
256.73
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
07/30/10
FZABWARR
FUND TITLE
160
183
183001
189101
189102
310001
316
317
401
418
451
461
471
491
505
611
630
650
ST. LUCIE COUNTY - BOARD
WARRANT LIST #44- 24-JUL-2010 TO 30-JUL-2010
FUND SUMMARY
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Home Consortium FY 2008
Home Consortium 2009
Impact Fees -Library
County Capital
County Capital -St Revenue Share Bnd
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
Sports Complex Fund
No County Utility District-Operatin
Building Code Fund
Health Insurance Fund
Tourist Development Trust-Adv Fund
Tax Deed Overbid Agency Fund
Agency Fund
GRAND TOTAL:
EXPENSES
3, 006.85
1, 903.69
80.00
25,000.00
40,662.46
3, 662.69
1,485.00
750.00
198,119.06
2,043.81
40,555.12
20,402.89
71,020.42
649.4S
908,245.68
10,040.27
7,045.09
616.69
3,119,914.86
PAGE 2
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
320.84
0.00
0.00
0.00
0.00
997.40
0.00
0.00
0.00
1,574.97
08/06/10
FZABWARR
FUND TITLE
001
001113
001164
001176
001188
001194
001443
001509
001510
001511
001512
001517
001518
001823
101
101001
101002
101003
101004
101006
101112
102
102001
107
107001
107002
107003
107006
107205
107206
130
130102
140
140001
150
160
183
183001
183004
185011
189100
189101
189102
189201
218
310001
315
316
ST. LUCIE COUNTY - BOARD
WARRANT LIST #45- 31-JUL-2010 TO 06-AUG-2010
FUND SUMMARY
General Fund
CDBG Supp Disaster Recovery Subgran
USDOJ Violence Against Women Grant
FTA Section 5303 F/Y06
Section 112/MPO/Fhwa/Planning 2007
U.S. Dept of Housing & Community
FDCA RCMP Grant
US Dept of Housing CDBG 09
CSBG FY 2009-2010
ARRA CSBG 2009
Neighborhood Stabilization Program
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
INTACT
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80o Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
FHWA FDOT Walton Road Widening
Unincorporated Services Fund
Drainage Maintenance MSTU
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Juvenile Justice & Delinquency Prev
FDCF Criminal Justice, Mental Healt
SLC Public Transit MSTU
FTA 5307-ARRA 2009 Capital Projects
Airport Fund
Port Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFA SHIP 2009/2010
Home Consortium
Home Consortium FY 2008
Home Consortium 2009
FHFC Hurricane Housing Recovery Pla
Transportation-I&S
Impact Fees -Library
County Building Fund
County Capital
EXPENSES
2,561,669.31
90,955.56
11.04
266.99
14,336.71
510.00
12, 449. 97
516.91
10,104.07
274.52
12,639.99
2,858.00
1, 770.16
360.94
7, 759.89
266.58
52,793.76
15, 639.83
6,120.55
31,534.50
143,078.89
21,524.71
3,722.58
3, 908, 668. 18
640.37
239.87
4, 982.69
4,128.16
727.18
61.00
445.32
712.08
14,465.01
88.68
471.97
666.02
3,212.74
320.00
1, 164.18
13.02
199.82-
569.83
1,495.00
138.61-
2, 648, 506.26
10, 534.47
1, 850.00
6, 965.81
PAGE
PAYROLL
535,791.96
3,259.41
0.00
857.40
0.00
0.00
0.00
310.60
0.00
1,157.60
3,773.82
0.00
11,398.77
0.00
34,402.25
1,237. 60
45,096.30
19,476.00
16,994.34
0.00
0.00
70,821.08
9, 909.20
91,761.94
1, 122.83
44,789.82
0.00
8,736.95
2,076.00
0.00
6,202.11
0.00
11,511.76
0.00
1,523.20
3, 196.50
3,105. 65
0.00
5, 404 . 72
0.00
0.00
1, 717. 80
0.00
0.00
0.00
0.00
0.00
0.00
08/06/10
ST. LUCIE COUNTY - BOARD
PAGE 2
FZABWARR
WARRANT LIST #45- 31-JUL-2010
TO 06-AUG-2010
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
316001
5th Cent Fuel -Capital
55,700.03
0.00
401
Sanitary Landfill Fund
389,394.88
51,636.86
418
Golf Course Fund
9,005.30
19,149.33
451
S. Hutchinson Utilities Fund
2,936.62
3,540.26
458
SH Util-Renewal & Replacement Fund
141.35
656.22
461
Sports Complex Fund
20,715.93
19,159.74
471
No County Utility District-Operatin
15,720.11
7,718.55
478
No Cty Util Dist -Renewal & Replace
283.67
1,316.94
479
No Cty Util Dist -Capital Facilities
318.99
1,481.01
491
Building Code Fund
6,934.41
17,196.83
505
Health Insurance Fund
197,413.91
1,186.40
505001
Property/Casualty Insurance Fund
52,707.07
4,929.37
611
Tourist Development Trust-Adv Fund
25,176.73
1,901.01
625
Law Library
1,400.00
0.00
665
SLC Art in Public Places Trust Fund
30.02
0.00
801
Bank Fund
14,485.72
0.00
GRAND TOTAL:
10,394,119.61
1,065,508.13
08/13/10
FZABWARR
FUND TITLE
001
001113
001176
001190
001443
001509
001510
001511
001512
001513
001515
001518
001522
001524
001525
001823
101
101001
101002
101003
101004
101006
102
102001
102812
107
107001
107002
107003
107006
107205
107206
115
118
121
129
130
130102
140
140135
140306
140335
140351
140356
140358
140368
150
160
ST. LUCIE COUNTY - BOARD
WARRANT LIST #46- 07-AUG-2010 TO 13-AUG-2010
FUND SUMMARY
General Fund
CDBG Supp Disaster Recovery Subgran
FTA Section 5303 F/Y06
FTA Sec 5307 - Buses 05/06
FDCA RCMP Grant
US Dept of Housing CDBG 09
CSBG FY 2009-2010
ARRA CSBG 2009
Neighborhood Stabilization Program
EITC CSBG T&TA Program
FDCA EMPA FY10
Section 112/MPO/FHWA/Planning
SRL - 2502 Isso Bella Dr.
SRL - 3768 Wild Orchid Lane
SRL - 3731 Wild Orchid Lane
INTACT
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80o Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park Stormwater Ph 3
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Juvenile Justice & Delinquency Prev
FDCF Criminal Justice, Mental Healt
Sheraton Plaza Fund
Paradise Park Fund
Blakely Subdivision Fund
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307-ARRA 2009 Capital Projects
Airport Fund
FAA Security Fencing & Runway 9L/27
DOT -New N. Entrance Port Ft. Pierce
Parallel Runway Design-9L/27R
Install Access Control System
FDOT Airport Master Plan Update
FDOT Update Master Drainage Plan
FDOT - Taxiway C Rehabilitation
Impact Fee Collections
Plan Maintenance RAD Fund
EXPENSES
1, 095, 647. 93
111,865.00
63.72
220.00
11,162.50
22.05
8,953.22
13,989.05
19,719.10
265.00
6,130.95
1,456.79
303,903.17
183,109.84
236,819.92
269.85
7,020.50
80.18
33,792.34
18,060.32
3,598.85
116,203.61
196,879.36
5,185.12
19,502.25
303,145.39
3,244.62
15,645.48
1,986.09
1,227.20
251.80
2,205.65
622.70
860.60
95.11
432,800.51
149.69
670.80
8,850.77
49,582.69
12,431.10
2,609.61
9,589.68
4,413.15
2,596.50
55,609.26
108.89
4,468.82
PAGE
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
08/13/10
FZABWARR
FUND TITLE
183
183001
183004
183006
184211
185010
185011
189100
189101
189102
216
310001
310002
315
316
318
401
418
451
458
461
471
478
479
491
505
505001
611
625
665
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #46- 07-AUG-2010 TO 13-AUG-2010
FUND SUMMARY
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FDEP South SLC Beach Restoration
FHFA SHIP 2008/2009
FHFA SHIP 2009/2010
Home Consortium
Home Consortium FY 2008
Home Consortium 2009
County Capital I&S
Impact Fees -Library
Impact Fees -Parks
County Building Fund
County Capital
County Capital -Transportation Bond
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist -Renewal & Replace
No Cty Util Dist -Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
SLC Art in Public Places Trust Fund
Bank Fund
GRAND TOTAL:
EXPENSES
4,587.46
410.95
388.83
2, 645. 92
42,664.16
1,062.52
1,562.82
277.63-
36,405.26
9,837.48
1,202.00
1,736.00
2,650.00
25,102.83
1, 606.47
805.00
117,460.53
18,593.82
53,796.89
8,127.15
15,035.89
86,145.64
97.04
15,558.36
2,719.07
52,756.85
56,184.63
755.25
381.77
306.48
209,614.36
4,077,010.53
PAGE 2
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1, 633.70
0.00
0.00
0.00
0.00
0.00
1, 633.70
-w
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO: VI-B-1
DATE: August 17, 2010
REGULAR[]
PUBLIC HEARING
Leg. [ ] Quasi -JD [ ]
CONSENT [X]
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney JoAnn Riley
Property Acquisition Manager
SUBJECT: "After the Fact" Revocable License Agreement
Florida Gas Transmission Company, LLC
Picos Road and Rock Road
BACKGROUND: See Attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve the "After the Fact"
Revocable License Agreement, authorize the Chairman to sign the
"After the Fact" Revocable License Agreement and direct Florida
Gas Transmission Company, LLC to record the document in the
Public Records of St. Lucie County, Florida.
COMMISSION ACTION:
]'APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
[x] County Attorney:
Daniel McIntyre
[x] Originating Dept:
JoAnn Riley
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[x] Road and Bridge: YAP [x] Public Works:W .
Don Pauley Don West
[x) Engineering: �� [ ] County Surveyor
Mike Powley Ron Harris
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: August 17, 2010
SUBJECT: "After the Fact" Revocable License Agreement
Florida Gas Transmission Company, LLC
Picos Road and Rock Road
BACKGROUND:
Florida Gas Transmission requested permission to hydro test an existing FGT 18-inch steel
natural gas pipeline under the intersection of Rock Road and Picos Road. At that time, it
was determined that they did not have permission for their pipeline to be in the County's
road rights -of -way of Picos Road and Rock Road. The County allowed Florida Gas
Transmission to conduct their testing while we did research on the pipeline permit.
It has been determined that Florida Gas Transmission did not have previous permission to
install the pipeline and need an "After the Fact" Revocable License Agreement.
RECOMMENDATION:
Staff recommends that the Board approve the "After the Fact" Revocable License
Agreement, authorize the Chairman to sign the "After the Fact" Revocable License
Agreement and direct Florida Gas Transmission Company, LLC to record the document in
the Public Records of St. Lucie County, Florida.
Respectfully submitted,
Ann Riley
Property Acquisition Manager
DISCLAIMER
St. Lucie County, makes no warranty, representation of guaranty as to the content sequence, accuracy, timeliness, or completeness of any of the geodata information provided herein.
The reader should not rely on the data provided herein for any reason. St. Lucca County explicitly disclaims any representations and warranties, including. without limitation, the implied
warranties of merchantability and ftmess for a particular purpose. St. Lucie County shall assume ra liability for: t. Any errorsomissions. or Inaccuracies in the
information provided regardless of how caused: or 2. Any decision made or action taken or not taken by any person in reliance upon any information or data fumished hereunder.
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
AFTER THE FACT
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of , 2010, by and between
ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FLORIDA GAS
TRANSMISSION COMPANY, LLC., whose address is 2405 Lucien Way, Suite 200, Maitland, FL
32751, ("Florida Gas")
WHEREAS, the COUNTY is the owner of the property described as:
PORTIONS OF A 60 FOOT ROAD RIGHT-OF-WAY KNOWN AS PICOS
ROAD AND PORTIONS OF A 100 FOOT RIGHT-OF-WAY KNOWN AS
ROCK ROAD, LYING IN SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA;
WHEREAS, Florida Gas was conducting hydro testing of the existing FGT 18-inch steel natural
gas pipeline (FGT Pipeline) and located a suspected anomaly existing under the intersection of Rock
Road and Picos Road. The FGT Pipeline is at a depth of four (4) feet and an excavation of forty feet (40')
by fifty feet (50') as described and depicted on Exhibit A attached hereto (Permit Area) will be required
to reach the depth and inspect and repair the FGT Pipeline to insure the integrity and safety of the FGT
Pipeline.
WHEREAS, the County is willing to permit Florida Gas to work in the Picos Road and Rock
Road intersection to repair the FGT Pipeline by means of mechanical saw cut or such other method as
Florida Gas deems necessary by utilizing the Permit Area for such operations and notifying County of
work prior to.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties
agree as follows:
1. The County hereby grants to Florida Gas the right to use the County rights -of -way and
keep their existing FGT 18-inch steel natural gas pipeline (FGT Pipeline) in the rights -of -way of Picos
Road and Rock Road. Florida Gas has also requested to use this area for the purpose of hydro testing and
repairing the FGT Pipeline located under the intersection of Picos Road and Rock Road. This license
shall extend only to the above referenced location and shall not extend to the construction and/or
installation of any other structures or facilities within the Permit Area.
2. The sole purpose of this "After the Fact" Revocable License Agreement is to allow
Florida Gas a means to keep, hydro test and repair the FGT Pipeline in Picos Road and Rock Road as
depicted on the attached Exhibit "A".
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes
Florida Gas to keep, hydro test and repair the FGT Pipeline within the rights -of -way of Picos Road and
Rock Road as described and depicted on the attached Exhibit "A".
4. Florida Gas is required to test and repair the Permit Area in accordance with Standard
Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together
with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County
Engineer with a schedule for construction. Florida Gas is required to restore all drainage swales to
existing working conditions. Construction issues will be addressed during Right -of -Way Permit
application.
5. This "After the Fact" Revocable License Agreement shall be binding on future successors
and assignees of Florida Gas provided that Florida Gas gives adequate notice to the County pursuant to
Paragraph Eleven (11) of this Agreement.
6. The County shall have the right, at the sole discretion of the County Engineer, to
terminate this Agreement with or without cause and require removal of the encroachment at Florida Gas
sole expense upon ninety (90) days written notice to Florida Gas. The County Engineer may, in lieu of
termination, request that Florida Gas perform certain alterations to the natural gas line in the rights -of -way
of Picos Road and Rock Road at Florida Gas's sole expense. However, if such alteration is not performed
to the satisfaction of the County Engineer and the Road and Bridge Manager, the County shall be entitled
to exercise its right to terminate this Agreement.
7. Upon the abandonment of the natural gas line, the expiration of this "After the Fact"
Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement,
whichever occurs first, Florida Gas shall be responsible for the removal or plugging of the abandoned
utility as directed by the County Engineer, consistent with the specifications of the County in force at such
time.
8. The term of this "After the Fact" Revocable License Agreement shall begin on the date
first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein.
9. The FGT Pipeline, natural gas line, shall be repaired in accordance with applicable
regulations of the United States Department of Transportation and shall be maintained solely at the
expense of Florida Gas.
10. Florida Gas agrees to allow County employees access to the location of the natural gas
line crossing for County purposes as determined by the County Engineer.
11. All notices, request and other communications dealing directly or indirectly with this
license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by
messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage
prepaid) return receipt requested, address to:
As to County:
County Engineer
Engineering Division
2300 Virginia Avenue, 2nd Floor
Fort Pierce, FL 34982
With Copies to:
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
As to Contractor:
Florida Gas Transmission Company, LLC
2405 Lucien Way, Suite 200
Maitland, FL 32751
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.
12. Florida Gas shall indemnify and hold the County harmless from and against all claims,
liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of
actions, including reasonable attorneys fees resulting from injury to persons or property, or loss of life to
the extent caused by Florida Gas and arising out of the conduct of the hydro test and repair operations in
connection with the FGT Pipeline by Florida Gas or its' agents, servants, employees, patrons, or invitees.
13. Florida Gas shall promptly record this "After the Fact" Revocable License Agreement in
the Official Records of St. Lucie County, Florida. Florida Gas shall pay any document excise taxes and
the cost of recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above
first written.
ATTEST:
DEPUTY CLERK
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Wi
Iss
�I
Witness
S
STATE OF �`pAtda-
COUNTY OF Qir1 e
FLORIDA GAS TRANSMISSION COMPANY, LLC
BY: r
It's
The foregoing instrument was acknowledged before me this /&- day of .kALs 2010,
by �fit/>a S'HELLHo)-se as 1//CE-7A4rSjAEoT" of FLORIDA GAS
TRANSMISSION COMPANY, LLC. who predneed /5 n/ojW 7� M�� (type of
identification) and who did take an oath.
WITNESS my hand and official seal, this //-6(, day of `,ilu�.L 2010.
My commission expires:
SignatiKe Notary Public
YP
r�t►� Svc JAWS W. JOW4M
* * MY COMMISSION # DD 628MI
EXPIRES: February 18, 2011
",OF Ft ee BmW Thru Budget Notary Semm
TRENCH WIDTH
EXHIBIT
IECHANIGAL SAW CUT
EXISTING PAVEMENT IN
A NEAT 571R41GI-17 LINE
ON BOTH SIDES OF TRENCH
FL �4N \/ I = L�
2 ' E4CL- UU4Y FROM SAW GUT
FEA7HER 1" S-; 45PH4L7 241,
ASPHALT L. OVERLAY 44' MIN.
TO 1` A7GH
EX1571NG
C7YF.i
a
.� . .
Z
RtPLACEl1EN7 BASE
SAW CUT
: .
SAW CUT
........
�oA�wA�
SUBGRADE
3' 3i
1
EXISTING BASE
I
5-1
BACKFiLL
MIN.
RECONSTRUCTION
Q
ASPHALT
12" 2"
MIN.j IMI
�'N.
_ TRENCH'
(8 ;
LI^ EROCK SUBGRADE AND BAGKFILL DEN517Y_RECQUIRE^'ENTS
ro" LAYERS, COI-1P4C7ED THICKNE55 95 UNDER ROADWAY
959'. OUTSIDE TRAVEL ROADWAY
95% 5ENE71-4 SUBGRADE
NOTE I
METHOD 445H70 T-W
RESTORATION FOR LONGITUDINAL CUTS IN ARTERIAL 57REE7S SHALL
INCLUDE FULL LANE WIDTH RE5UR=4GING FOR EACH' LANE WITHIN
THE LIMITS OF THE CU7. ROADWAY CU75 47 INTERSECTION WILL
INCLUDE OVERLAY FAVEr'IENT 71-4ROUC:40U7 TURNOUTS. CPC AND FTJ.
REPLACEI'1ENT BASE SHALL BE LII"IEROCK OR COQUINA (L5R=100)
UNPAVED ROADWAYS SHALL O^117 45F'H41-7 RECONSTRUCTION / OVERLAY
FOR PERMITTING
Scale N.T.S.
�C�C34 BCi®O �300070QO�i
Maitland, Florida r1wma em
M
7650 CORPORTE CENTER DRIVE #401 18' FLORIDA TURNPIKE MAINLINE �Mn
MIAMI. FL 8900TEL UTILITY ROAD CUT RESTORATION
305-884-2665 FAX DETAIL
305-884-2665 FAX
ENGINEERING: .00000002 i. —2 k ,—i —
J ANNE ROEDER�R DWG. NO.
P.E. No. 53 OO C—�
IV I Wi C `;
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONER
ITEM NO.VI-B-2
DATE: August 17, 2010
REGULAR[]
PUBLIC HEARING
Leg. [ ] Quasi -JD [ J
CONSENT [X]
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney JoAnn Riley
Property Acquisition Manager
SUBJECT: Contract for Sale and Purchase
Old Dixie Greenway
Robert L. Wilcox
Purchase Tax ID 1417-131-0001-000/3
Donation Tax ID 1417-134-0002-000/9
BACKGROUND: Please see attached Memorandum
FUNDS AVAILABLE: Funds will be made available in:
Account No. 317-3920-561000-3119
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and
Purchase with Robert L. Wilcox for $12,350.00 along with the
donated parcel, authorize the Chairman to sign the Contract and
direct staff to proceed with the closing and record the Warranty
Deed in the Public Records of St. Lucie County.
COMMISSION ACTION:
XAPPROVED
[ ] OTHER
Approved 5.0
[x] County Attorney:
Daniel McIntyre
[x] Originating Dept: -fmf-
JoAnn Riley
CONCURRENCE:
[ ] DENIED
Faye W. Outlaw MPA
County Administrator
-Review and Annrovats
[ ] Engineering: [ ] Public Works:
Michael Powley Don West
[x] Environmental Services:
Karen Smith
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: August 17, 2010
SUBJECT: Contract, for Sale and Purchase
Old Dixie Greenway
Robert L. Wilcox
Purchase Tax ID 1417-131-0001-000/3
Donation Tax ID 1417-134-0002-000/9
BACKGROUND:
The Land Acquisition Selection Committee recommended acquisition of Mr. Wilcox property
that consists of 0.81 acres located along Old Dixie Highway. This property would provide
linkage to the Old Dixie Greenway Trail system stretching from Indrio Road to Indian River
County.
Fuller-Armfield-Wagner prepared an appraisal for the 0.81-acre site and market value was
determined to be $12,350.00. We offered this purchase price to Mr. Wilcox and he
accepted.
Mr. Wilcox has offered the donation of 0.13-acres located along Old Dixie Highway. The site
is historically significant, in that the old Indrio Post Office, circa 1925, was located here.
RECOMMENDATION:
Staff recommends the Board approve the Contract for Sale and Purchase with Robert L.
Wilcox for $12,350.00 along with the donated parcel, authorize the Chairman to sign the
Contract and direct staff to proceed with the closing and record the Warranty Deed in the
Public Records of St. Lucie County.
Respectfully submitted,
AQI'j4�'j
nn Riley
Property Acquisition Manager
WILCOX RD
2 Purchase parcel
do, -
z
cz
INDRIO
GN\GPN S�
M�
i Donated parcel
St Lucie County owned
N
Flaming & IRrdopm.nt Services
St. Iuae County, Florid.
0 125 250 500
Feet
PROJECT NAME: Old Dixie Greenway
PARCEL: Robert L. Wilcox- Parcel l.D.1417-134-0002-00019and 1417-131-0001-00013
CONTRACT FOR SALE AND PURCHASE
FOR REAL PROPERTY( ACQUISITION
THIS AGREEMENT made this day of , 2010, ROBERT L.
WILCOX, whose mailing address is 2115 S 3RD STREET, FORT PIERCE, FL 34950-5404
hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State
of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida. 34982
hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER
agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property
located in the County of St. Lucie, Florida, being more fully described as:
SEE ATTACHED EXHIBIT "A"
together with all improvements and personal property located thereon as may hereinafter
be specifically described.
1. PURCHASE PRICE AND METHOD OF PAYMENT.
The full purchase price Twelve Thousand, Three Hundred Fifty and 00/100 Dollars,
determined to be the total of the following: ($12,350.00)
Real Property 1417-131-0001-00013 $12,350.00
Real Property 1417-134-0002-00019 Donation
Other Improvements upon the Land (described, if any) N/A
Other (describe) N/A
payable in Cash or Cashier's check at the time of closing; plus or minus credits,
adjustments and prorations as of the date of closing
2. EXPENSES.
PURCHASER shall pay for documentary stamps and recording fees on the Deed
conveying the subject real property to PURCHASER. Processing fees, if any, for
obtaining a release, partial release or subordination agreement upon any existing
mortgage shall be borne by PURCHASER.
1
3. TITLE.
PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title
insurance from a title company of PURCHASER'S choice, certified to a date not
earlier that the date hereof, showing good and marketable title thereto to be vested
in the SELLER, free and clear of all liens and encumbrances except those herein
expressly set forth and those which shall be discharged by SELLER at or before
closing. Should PURCHASER find on examination of said title commitment that
SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his
attorney in writing specifying the defects and SELLER agrees to use reasonable
diligence to make same good and marketable and shall have a reasonable time
therefor, but not to exceed 45 days from the date of said notification. If title shall not
be made good and marketable within said time, all monies paid hereunder shall
forthwith be repaid to PURCHASER and thereupon this contract shall become null
and void and the parties hereto released and relieved of all further rights, duties or
obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request,
SELLER shall deliver the title in its existing condition upon compliance by
PURCHASER with the terms of the contract, and in such event SELLER shall be
released and relieved from any duty and obligations to make such title good and
marketable.
4. CONVEYANCE.
SELLER agrees to convey title to PURCHASER by a good and sufficient statutory
Warranty Deed, all real property to be free and clear of all liens and encumbrances
except, taxes for the current year, and zoning ordinances.
5. LIENS.
All certified liens or assessments and any pending liens for which work has been
completed prior to the date of this contract, shall be paid by SELLER. SELLER shall
make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty.
6. PRORATIONS.
Taxes, rents, interest and other expenses or revenue of said property shall be
prorated from the cash to close as of the date of closing. Credits and charges for the
day of closing shall belong to and be borne by the SELLER.
7. RISK OF LOSS.
SELLER assumes risk of any and all loss or damage prior to closing and the property
2
shall be conveyed in the same condition as on the date of this contract, ordinarywear
and tear excepted.
B. POSSESSION.
SELLER shall deliver possession to PURCHASER at the closing.
9. CLOSING.
The closing shall be on or before September 30. 2010 at which time all monies due
to be paid hereunder and all instruments due to be made, executed, and delivered by
the respective parties, each to the other, as herein provided, shall be paid and
delivered, and the abstract shall become the property of the PURCHASER, subject to
possessory rights and mortgagees of record.
10. PLACE OF CLOSING.
Closing shall be held at the offices of a place chosen by PURCHASER and
PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to
closing.
11. ATTORNEY'S FEES.
Either party failing to comply with the terms hereof will pay all expenses, including
a reasonable attorney's fee, incurred by the other party because of that failure.
12. MISCELLANEOUS.
Written provisions shall control all printed provisions in conflict therewith.. This
Contract embodies the entire agreement of the parties and may not be altered or
modified except by an instrument in writing signed by the party against whom the
enforcement of any alterations or modifications is sought.
13. DEFAULT.
If SELLER fails to perform hereunder without fault of the PURCHASER, all monies
paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER
shall not thereby waive any right or remedy he may have because of such default of
SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all
monies paid hereunder may be retained by SELLER as liquidated damages which
shall be in lieu of all other remedies allowed by law and this contract shall there upon
terminate.
3
14. DEED RESTRICTIONS.
SELLER warrants that there are no deed restrictions which are coupled with a
reverter or re-entry clause and that title is not based upon a tax deed, or if based
upon a tax deed, that the title has been duly quieted by suit.
15. ASSIGNMENT.
This contract is freely assignable by the PURCHASER, but no such assignment is
binding upon SELLER until an executed copy thereof is delivered to the SELLER.
Upon such delivery, the assignor shall be relieved of all liabilities underthis contract.
16. ESCROW CLOSING.
The cash proceeds of sale shall be held in escrow by the escrow agent for a period
of no longer that five (5) business days to allow the deed to the PURCHASER to be
recorded and the abstract of title continued, at the expense of the PURCHASER, to
show title in the PURCHASER, without any intervening encumbrances or change
from the date of last continuation. If there should be any change, the parties shall
have the same rights as provided elsewhere herein, when SELLER is unable to make
title good and marketable.
17. RECISSION.
PURCHASER may rescind this contract if at the time of closing the SELLER is the
subject of any insolvency, receivership or bankruptcy proceedings, or is deceased.
18. EXISTING MORTGAGES.
SELLER hereby warrants that existing mortgages are in good standing and SELLER
further agrees to keep them in good standing and to make all payments due
thereunder; he shall either satisfy the mortgage or obtain a release of the subject
property from the mortgage at or before closing.
19. REFUSAL OF SPOUSE.
Failure or refusal of the wife or husband of the SELLER to execute the deed or any
other required document, shall be deemed default of the SELLER.
20. OFFER TO SELL.
SELLER and PURCHASER recognize and agree that by signing this agreement first,
the SELLER is offering to sell the property described above to the PURCHASER in
accordance with the terms and conditions of this agreement. If PURCHASER shall
4
fail to approve this agreement within sixty (60) days after SELLER signs this
agreement, this offer shall be null and void.
21. SELLER'S REPRESENTATIONS.
(a) SELLER warrants and represents that there are no leases, occupancies, or
tenancies; and none will be agreed to prior to closing without PURCHASER'S
consent.
(b) SELLER has not entered into any contracts, subcontracts, licenses,
concessions, easements, or other agreements, service arrangements, either
recorded or unrecorded, written or oral, affecting the property.
(c) SELLER agrees with PURCHASER that from and after the date hereof and
prior to closing, SELLER will not enter into any lease or agreement or any
modification of any existing lease or agreement pertaining to the subject
property without the written consent of PURCHASER.
(d) Neither the whole nor any part of the subject property is now, and at the
closing will be, in violation of any code, ordinance, statute, or regulation
pertaining thereof; and SELLER has received no notice of any such violation.
SELLER shall deliverto PURCHASER any such notice received priorto or after
closing.
(e) There are no encroachments thereof.
(f) All of SELLER'S representations and warranties set forth in this Contract shall
be true as of and surviving the closing, and all obligations of SELLER
involving action or performance by SELLER prior to closing shall have been
fully complied with. In the event that a lien, claim or cause of action should
arise, resulting from the activities upon the property prior to closing or from
any misrepresentations concerning the property contained herein, SELLER
shall at its sole cost and expense defend against such claim or cause of
action, and hold PURCHASER harmless therefrom, which shall include, but
not be limited to, SELLER'S retaining such attorneys or other persons as may
be required to fulfill this indemnification. If any of the representations of
SELLER contained in thispara�raph are inaccurate at the present time or as
of the date of closing, his
may elect not to close this transaction in
which event all parties shall be relieved from all obligations and liabilities
hereunder; provided however, that nothing contained herein shall preclude
PURCHASER from seeking specific performance of SELLER'S obligations
hereunder so as to rectify any misrepresentation made by SELLER herein.
5
22. COMPLIANCE WITH ENVIRONMENTAL LAWS.
As of and subsequent to the date of this Contract of Sale, the SELLER warrants and
represents to the PURCHASER, its successors and assigns, that to the best of the
SELLER'S knowledge and belief that there is no violation of Federal, State, and/or
local environmental laws and/or regulations on the property. PURCHASER, at
PURCHASER'S expense, shall have the right to have said items inspected, and if
upon inspection such items do not meet the above representations, PURCHASER
shall have the option of canceling this Agreement or PURCHASER may elect to
proceed with the transaction.
23. CONFLICT OF LAWS.
The parties hereto hereby agree that all legal rights, duties, obligations and defenses
shall be determined pursuant to the Laws of the State of Florida.
The covenants herein shall bind and the benefits and advantages shall inure to the
respective heirs, executors, administrators and successors orthe parties hereto. Whenever
used, the singular shall include the plural, and the plural the singular and the use of any
gender shall include all genders.
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals.
OEXECUTED by SELLER this,
itness
1
Miless
STATE OF I' Of L
COUNTY OF S+- Loci c.
a 3 /LJ day of , 2010.
�.
ROBERT L. WILCOX
The foregoing instrument was acknowledged before me this %3 a J day of
2010, by ROBERT L. WILCOX who is -personally known to me or who has
produced a drivers license issued within the last five years as identification.
���11111111 t t 1/111/��
Marie Ri/
�•o�N1SS10/y.
LP
My Commission Expires * : •►•• �* _ �' �+
o'; aDrJ saztss 4 ry Public (Printed, Ty or Stamped)
` 6
EXECUTED by PURCHASER this day of , 2010
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
7
EXHIBIT "A"
LOT 1 Block 12 Harmony Heights, Addition Four, according to the Plat thereof, as
recorded in Plat Book 9, Page 71 of the Public Records of St. Lucie County, Florida.
8
FULLER-ARMFIELD-WAGNER Appraisal & Research, Inc.
Daniel D. Fuller, MAI, SRA 120 N. Second St. Phone (772) 468-0787
St. Cert. Gen. REA RZ567 Ft. Pierce, FL 34950 1-800-273-7364
FAW_app@bellsouth.net Fax (772) 468-1103
July 5, 2010
Ms. Jan LiCausi, Acquisition Agent
St. Lucie County Board of County Commissioners
2300 Virginia Ave.
Fort Pierce, FI 34982
RE: Vacant 0.81 ± acre tract of land,
and the FEC railroad right of way
St. Lucie County, Florida.
Dear Ms. LiCausi:
lying between the east side of Old Dixie Hwy.
, approximately 1/8 miles north of Indrio Road,
As requested, I have inspected the referenced property and I have investigated the
property's market segment to provide you an opinion the Market Value of the Fee Simple
interest in the real estate, as of my date of inspection, July 5, 2010.
My opinion of value is presented in a Restricted Use report format and complies with the
reporting requirements set forth under Standards Rule 2-2(c) of the Uniform Standards of
Professional Appraisal Practice (USPAP) for a Restricted Use Report. By presenting my
opinion of value in a Restricted Use Report format, all of the data and analysis of data is
retained in the work file. Also, because this is a Restricted Use Report format the report
should be utilized only by my client, as without proper knowledge of the subject property
and a written discussion of the data within the work file, the report and value estimate
may not be property understood by another user.
Scope of Work
The subject is a vacant undevelopable tract of land and the appropriate appraisal
method is the Sales Comparison Approach. Because market participants typically do
not invest in properties like the subject for rental income valuation via the Income
Capitalization Approach is not appropriate and by definition the Cost Approach is not
applicable.
Analysis via the sales comparison can be made either by direct comparison of sales of
similar properties or an "across the fence" method may be utilized if sales of similar
properties are not available.
Data analyzed in the Sales Comparison Approach has been collected from public
records, ievelopers,-Realtors, -VIL:S -and -other data services with the data ide-aity verified
with at minimum one party involved in the transaction. Because this is a Restricted report
format, details of the data analyzed have been retained in the work file.
The appraisal is subject to the Limiting Conditions, Extraordinary Assumptions,
and Certification within this report
Ms. LiCausi
July 5, 2010
Page Two
A Summary of Data Analyzed is attached. Adjustments for physical differences and a
complete discussion leading to my opinion of value are not included, as discussed above.
Valuation Date
July 5, 2010 - the date of my final inspection
Date of Appraisal Report
July 5, 2010
Purpose of the Appraisal
Establish market value.
Use of the Appraisal
Establish value for purchase negotiations.
User of the Appraisal
Client: St. Lucie County Commissioners
Value Estimated
Market Value, per Florida case law (State Road Department v. Stank, 231 So. 2d 859
FL 1st DCA 1969).
Ownership Rights AePraised
Fee Simple
Subject's Legal Description
The following legal description was developed by the appraiser from County property
Appraiser Assessment data, and is used for appraisal identification and should not be
used for legal purposes:
Section 17, Township 34 South, Range 40 East, that part of the south 'h of the northeast
% lying between FEC RR right of way and Old Dixie Highway — less the south 800 feet.
History of Subiect's Ownersh_i
Owner: Robert L. Wilcox
2115�S. 3'-St.
Fort Pierce, FL 34940
No sales of the subject have occurred within the last five years.
FULLER-ARN FIELD-WAGNER
Ms. LiCausi
July 5, 2010
Page Three
The subject is not listed for sale.
The subject is not leased.
Use of the Real Estate
The subject remains vacant.
Highest and Best Use
Assemblage with an adjacent ownership.
Identification of Subiect
Property Type: Vacant - non -economic property.
Location: Between Old Dixie Highway and FRC right of way, 850+ feet
north of Indrio Road, St. Lucie County, Florida.
Site Size
Total land area: 0.81 + acres
Frontage: 858 + feet (Old Dixie Hwy. & FEC right of way)
Depth _ 41 + feet (average)
Shape: Rectangle
Topography: Level and mostly cleared. There is a small oak hammock on
the property.
The subject is a strip of land adjacent to the east side of a County road with the Florida
East Coast (FEC) railroad right of way adjacent to the property's rear line. Because the
subject has very limited depth, zoning setbacks essentially eliminate the ability to
construct a building improvement on the subject. There may be other economic uses
for the property, i.e. a railroad siding, a use associated with the County road, or possibly
a parking lot, or the subject may be assembled with an adjacent property to expand the
subject's development potential. However, in the subject's neighborhood demand is
generally soft in all market segments, thus there are few if any economic uses for the
property, at least in the near term until demand in the real estate markets strengthens.
An exception might be to use the property as a railroad siding or an expanded road use.
Zoninct/Land {'se
Zoning — RS-2, Residential Single Family, 2 dwelling units per acre / Land Use — RU,
Residential Urban, 5 dwelling units per acre.
FULLER-ARAIMLD-WAGNER
Ms. LiCausi
July 5, 2010
Page Four
Exposure/Marketing Time
Exposure/marketing period from 12 to 24 months, assuming the property is listed at or
near market value.
Market Activity / Sale Data
A Summary of the data analyzed is included as an Exhibit within this appraisal report.
Research found few recent and truly comparable sales, and the properties provide a wide
range of value indications, which is not unusual considering the property type, its highest
and best use, and the current soft market conditions. While the properties provide a wide
range of value indications, in my opinion the properties analyzed are the most
comparable located within easterly and northerly St. Lucie County.
In my opinion, because of soft market conditions, the subject's value is best represented
by the bottom of the range of the adjusted sales prices.
Conclusion of Value
In summary, based on the available data, and my analysis of the data, it is my opinion the
Market Value of the Fee Simple interest in the subject of this appraisal, as of July 5, 2010,
is in the range of $0.35 per square foot x subject's 35,284 square feet, calculating to a
total value of (rounded):
TWELVE THOUSAND THREE HUNDRED FIFTY THOUSAND DOLLARS -$12,350-
I believe this appraisal and report are complete, but if questions exist please contact me
at yourp�venience.
Daniel IX Fuller, MAI
St. Cert. Gen. REA RZ567
DDF/asf 19136.
FULLER-ARMFIELD-WAGNER
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: County Attorney
ITEM NO. VI-B-3
DATE: 08/17/10
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( x )
PRESENTED BY:
Heather Sperrazza Lueke
Assistant County Attorney
SUBJECT: Resolution No. 10-226: Memorandum of Agreement with Department of
Transportation for Improvements within right-of-way of Sunrise Boulevard and
Oleander Avenue
BACKGROUND: See CA10-1022
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of Resolution No. 10-226.
COMMISSION ACTION:
(X) APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( x)'
County Engineer ( x )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Daniel S. McIntyre
(Michael Powley)
ERD
(Name)
(Name)
O
(Name)
COUNTY ATTORNEY
MEMORANDUM
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. No: CA10-1022
DATE: August 17, 2010
SUBJECT: Resolution No. 10-226: Memorandum of Agreement with Department of
Transportation for Improvements within right-of-way of Sunrise Boulevard and
Oleander Avenue
ITEM NO. VI-B-3
Backaround:
The Florida Department of Transportation has received funding through the American Recovery and
Reinvestment Act of 2009 to make improvements within the County right-of-way to Sunrise Boulevard
and Oleander Avenue. The improvements consist of construction of bike lanes and sidewalks and
milling and resurfacing. The County would be responsible for maintenance of the improvements once
the project is completed.
Recommendation:
Staff recommends approval of Resolution No. 10-226.
Respectfully submitted,
u
eather Sperrazza Lue
Assistant County Attorn y
RESOLUTION NO. 10-226
A RESOLUTION EXPRESSING THE DESIRE OF THE BOARD
OF COUNTY COMMISSIONERS TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT
OF TRANSPORTATION FOR IMPROVEMENTS WITHIN THE
RIGHT-OF-WAY OF SUNRISE BOULEVARD AND OLEANDER
AVENUE; AUTHORIZING THE CHAIRMAN TO SIGN THE
MEMORANDUM OF AGREEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the COUNTY has jurisdiction over Sunrise Boulevard and Oleander Avenue
as part of the County Roadway System from Ohio Avenue to Virginia Avenue within the limits of
the County; and
WHEREAS, the DEPARTMENT seeks to install and have maintained by the COUNTY
certain Highway improvements within the right of way of Sunrise Boulevard and Oleander Avenue
as described within the Memorandum of Agreement; and
WHEREAS, pursuant to §339.07 and 339.08, Florida Statutes and the American
Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake
a project within the COUNTY geographical limits and the COUNTY is desirous of having this
improvement constructed; and
WHEREAS, the said project is identified and known to the parties as the "Sunrise
Boulevard, Oleander Avenue and N 29th Street Roadway Improvements," Financial Project
Identification Nos. 426385-1-52-01 and 428652-1-52-01, FAP Nos. ARRA-015-B and
ARRA-676-B, which will benefit the COUNTY; and
WHEREAS, in accordance with Federal law and Federal Highway Administration
regulations issued pursuant thereto, there must be an agreement from the COUNTY to maintain
the project; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida;
Section 1: Memorandum of Agreement
The Board of County Commissioners desires to enter into the Memorandum of Agreement
attached as Attachment "A" and authorizes its Chairman to sign such Agreement.
Section 2: Severability
In the event a court of competent jurisdiction shall hold or determine that any part of this
resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it
shall be presumed that the St. Lucie County Board of County Commissioners did not intend to
enact such invalid or unconstitutional provision. It shall further be assumed that the Board of
County Commissioners would have enacted the remainder of this resolution without said invalid
or unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 3: Effective Date
This Resolution shall be effective upon adoption by the Board of County Commissioners
for St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Charles Grande, Chairman
XXX
Doug Coward, Vice Chairman
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Chris Craft
XXX
Commissioner Paula Lewis
XXX
PASSED AND DULY ADOPTED this day of , 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Attachment "A"
SECTION No.:
FM No. (s):
COUNTY:
S.R. No.:
N/A
426385-1-52-01
428652-1-52-01
ST. LUCIE
N/A
DISTRICT FOUR
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the ST.
LUCIE COUNTY, a political subdivision, existing under the Laws of Florida, hereinafter called
the COUNTY.
WITNESSETH:
WHEREAS, the COUNTY has jurisdiction over Sunrise Boulevard and Oleander Avenue
as part of the County Roadway System from Ohio Avenue to Virginia Avenue within the limits of
the County; and
WHEREAS, the DEPARTMENT seeks to install and have maintained by the COUNTY
certain Highway improvements within the right of way of Sunrise Boulevard and Oleander
Avenue as described within Exhibit A; and
WHEREAS, pursuant to §339.07 and 339.08, Florida Statutes and the American
Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake
a project within the COUNTY geographical limits and the COUNTY is desirous of having this
improvement constructed; and
WHEREAS, the said project is identified and known to the parties as the "Sunrise
Boulevard, Oleander Avenue and N 29t' Street Roadway Improvements," Financial Project
Identification Nos. 426385-1-52-01 and 428652-1-52-01, FAP Nos. ARRA-015-B and ARRA-
676-B, which will benefit the COUNTY; and
WHEREAS, in accordance with Federal law and Federal Highway Administration
regulations issued pursuant thereto, there must be an agreement from the COUNTY to maintain
the project; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the COUNTY by Resolution No.10-226 dated August 17, 2010, attached
hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
Page 1 of 4
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The DEPARTMENT has undertaken the project and obtained the approval of Federal
participation in the Sunrise Boulevard, Oleander Avenue and N 29th Street Roadway
Improvements.
2. The COUNTY shall allow the DEPARTMENT and its contractors to enter on the County
Right of way to construct this project by means of a right-of-way permit. The project shall not be
considered complete until the COUNTY approves the improvements.
3. It is understood and agreed by the parties that upon completion of the project, the
COUNTY shall be responsible for its costs, for maintenance of said project in accordance with
the following Federally and State accepted standards: (a) FDOT Plans Preparation Manual
(PPM), (b) Florida Green Book dated 2007 (c) Standard Specifications for Roadway and Bridge
Construction dated 2007, as amended by contract documents, and (d) Manual on Uniform
Traffic Control Devices (MUTCD), current edition.
4. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings as represented in the Final Proposed
Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representation or agreements whether oral or written.
5. This Agreement shall be governed, interpreted and construed according to the laws of the
State of Florida.
6. LIST OF EXHIBITS
Exhibit A: Project Improvements and Scope
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year provided below.
ATTEST:
Clerk
COUNTY
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By
CHAIRMAN
day of , 2010
Approved as to form by Office of County Attorney
St. Lucie County, Florida
2300 Virginia Avenue
Ft. Pierce, FL 34982
Telephone: 772-462-1441
Facsimile: 772-462-1440
By
Daniel S. McIntyre, County Attorney (_ _/10)
DEPARTMENT
ATTEST: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Executive Secretary
By
(SEAL) Transportation Development Director
Approval as to Form:
District General Counsel (_/ /10)
Page 3 of 4
SECTION No.:
FM No. (s)
COUNTY:
S.R. No.:
EXHIBIT A
PROJECT IMPROVEMENTS AND SCOPE
N/A
426385-1-52-01
428652-1-52-01
ST. LUCIE
N/A
ALL of the improvements are within the COUNTY's (the County) Right of way.
Summary of Work:
• Construction of bike lanes and sidewalks
• Milling and Resurfacing
Typical Section:
• 2-10' lanes, 5' bike lanes
• sidewalks
Signing and Pavement Markings:
• Install Street Signs
• Install Pavement Markings
ADA:
• Upgrade sidewalk ramps to meet current standards
Landscape:
• Sodding
• Trees
Page 4of4
COUNTS
IF
L
,Q
R
I -D A- --=
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO.
DATE:
REGULAR
PUBLIC HEARING
LEG.
QUASWD
CONSENT
VI-B-4
08/17/10
PRESENTED BY:
Heather Sperrazza Lueke
Assistant County Attorney
SUBMITTED BY: County Attorney
SUBJECT: First Amendment to Facilities Use Agreement with Treasure Coast Food Bank
BACKGROUND: See CA10-1024
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: March 9, 2010 - Board approved the Facilities Use Agreement with the Treasure
Coast Food Bank.
RECOMMENDATION: Staff recommends approval of the First Amendment to the Facilities Use
Agreement with Treasure Coast Food Bank.
COMMISSION ACTION:
(�Q APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( x)
L91—
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Daniel S. McIntyre
ERD ( )
(Name)
(Name)
(Name)
(Name)
CC)U
NTY
F
L
O
R
I D
A
TO: Board of County Commissioners
COUNTY ATTORNEY
MEMORANDUM
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. No: CA10-1024
DATE: August 17, 2010
SUBJECT: First Amendment to Facilities Use Agreement with Treasure Coast Food Bank
ITEM NO. VI-B-4
Background:
Attached to this memo is a copy of the proposed First Amendment to the Facilities Use Agreement
with the Treasure Coast Food Bank, Inc. As in past years, on March 9, 2010, the Board approved a
Facilities Use Agreement allowing the Food Bank to use approximately five thousand (5000) square
feet of the Logistics Center to store surplus commodities for the period May 10, 2010, through August
10, 2010. The Food Bank has requested that we extend the Agreement until September 30, 2010.
Previous Action:
March 9, 2010 - Board approved the Facilities Use Agreement with the Treasure Coast Food Bank.
Recommendation:
Staff recommends approval of the First Amendment to the Facilities Use Agreement with Treasure
Coast Food Bank.
Respectfully submitted,
Heather Sperrazza Luek
Assistant County Attorn
FIRST AMENDMENT TO MARCH 9, 2010 FACILITIES USE AGREEMENT
TREASURE COAST FOOD BANK
C10-03-122
THIS FIRST AMENDMENT made and entered into on this day of , 2010
by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to
as "County", and TREASURE COAST FOOD BANK, INC., a not for profit corporation hereinafter referred
to as "Food Bank".
WITNESSETH:
WHEREAS, on March 9, 2010, the parties entered into a Facilities Use Agreement allowing the
Food Bank to use the County Logistics Center for storage from May 10, 2010 to August 10, 2010.
WHEREAS, the parties desire to extend the term of the Agreement until September 30, 2010.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,
the parties agree as follows:
1. Paragraph 3 of the Agreement, Term, shall be amended to read as follows:
The term of this Agreement shall be for the period beginning May 10, 2010 through and including
September 30, 2010, unless otherwise terminated as provided herein. The term of this Agreement may
be renewed upon mutual agreement of the parties upon the same terms and conditions. Either party may
terminate this Agreement without cause upon thirty (30) days prior written notice to the other party.
2. Except as amended herein, the remaining terms and conditions of the agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the _ day of
.2010.
ATTEST:
BY:
Deputy Clerk
5AATTY\AGREEMNT\FAC-U5E\1A Food Bank.10.doc
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
-1-
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
ATTEST: TREASURE COAST FOOD BANK, INC.
BY:
President
5AATTY\AGREEMNT\FAC-U5E\lA Food Bank.10.doc
-2-
(SEAL)
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. VI-8-5
DATE: August 17, 2010
REGULAR[]
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
Bryant Miller Olive P.A.
Bond Counsel
SUBJECT: Resolution No. 10-227 - North Lennord Road i Municipal
Service Benefit Unit Special Assessment Bond Series 2010A
Resolution No. 10-228 - North Lenard Road 2 Municipal
Service Benefit Unit Special Assessment Bond Series 2010B
Resolution No. 10-229 - North Lennord Road 3 Municipal
Service Benefit Unit Special Assessment Bond Series 2010C
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 10-227,
No. 10-228 and No. 10-229 and authorize the Chairman to sign
the Resolutions.
COMMISSION ACTION:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
����#nA
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney; � Management d Budget Purchasing:
Daniel 5. McIntyre
Originating Dept, Public Works Dir:
Finance: (Check for copy only, if applicable)
County Erg.:
Eff. 5/96
t
"*N
Bryant
—Miller
Olive
MEMORANDUM
Attorneys at Law
135 West Central Boulevard
Suite 700
Orlando. FL 32801
Tel 407.426.7001
Fax 407.426.7262
TO: St. Lucie County, Florida Chairman and Members of the Board of County
Commissioners
Faye Outlaw, County Administrator
Daniel McIntyre, County Attorney
Marie Gouin, Director of Office of Management and Budget
Barbara Guettler, MSBU Coordinator
FROM: Bryant Miller Olive P.A.
DATE: August 10, 2010
RE: Resolution No. 10-227 amending Resolution No. 10-212 relating to the County's
Special Assessment Improvement Bond, Series 2010A (North Lennard Roadl
MSBU) (the "Series 2010A Bond"); Resolution No. 10-228 amending Resolution
No. 10-213 relating to the County's Special Assessment Improvement Bond,
Series 2010B (North Lennard Road2 MSBU) (the "Series 2010B Bond"); and
Resolution No. 10-229 amending Resolution No. 10-214 relating to the County's
Special Assessment Improvement Bond, Series 2010C (North Lennard Road3
MSBU) (the "Series 2010C Bond" and, together with the Series 2010A Bond and
the Series 2010B Bond, the 'Bonds").
Pursuant to (i) Resolution No. 10-049 adopted by the Board on February 2, 2010 and
Resolution No. 10-212 adopted by the Board on July 27, 2010 (the "2010A Commitment
Resolution") which relate to the Series 2010A Bond, (ii) Resolution No. 10-051 adopted by the
Board on February 2, 2010 and Resolution No. 10-213 adopted by the Board on July 27, 2010 (the
"2010B Commitment Resolution") which relate to the Series 2010B Bond, and (iii) Resolution No.
10-052 adopted by the Board on February 2, 2010 and Resolution No. 10-214 adopted by the
Board on July 27, 2010 (the "2010C Commitment Resolution") which relate to the Series 2010C
Bond, the Board has previously authorized the issuance of the Bonds, the sale of the Bonds at a
negotiated sale to JPMorgan Chase Bank, N.A. (the 'Bank") and the execution and delivery of
loan agreements between the County and the Bank relating to each Series of Bonds.
The Series 2010A Bond is being issued to finance a portion of the North Lennard Roadl
MSBU Project Costs. The Series 2010B Bond is being issued to finance a portion of the North
Atlanta - Jacksonvillc - Miami - Orlando - Tallahasscc - Tampa - Washington, D.C.
August 10, 2010
Page 2 of 3
Lennard Road2 MSBU Project Costs. The Series 2010C Bond is being issued to finance a portion
of the North Lennard Road3 MSBU Project Costs.
On September 18, 2006, the County issued its Special Assessment Line of Credit Note,
Series 2006 (MSBU Loan - SunTrust Facility) (the "Interim Financing") for the purpose of
providing financing for the preliminary costs of the North Lennard Roadl MSBU Project, the
North Lennard Road2 MSBU Project and the North Lennard Road3 MSBU Project. The Interim
Financing currently has an aggregate principal amount of $1,566,070.13 outstanding and
matures on September 18, 2010.
The attached Resolution No. 10-227 amends the 2010A Commitment Resolution to
expressly provide that a portion of the proceeds of the Series 2010A Bond shall be applied to
currently refund the portion of the Interim Financing allocable to the North Lennard Roadl MSBU
Project. The attached Resolution No. 10-228 amends the 2010B Commitment Resolution to
expressly provide that a portion of the proceeds of the Series 2010B Bond shall be applied to
currently refund the portion of the Interim Financing allocable to the North Lennard Road2 MSBU
Project. The attached Resolution No. 10-229 amends the 2010C Commitment Resolution to
expressly provide that a portion of the proceeds of the Series 2010C Bond shall be applied to
currently refund the portion of the Interim Financing allocable to the North Lennard Road3 MSBU
Project.
The use of Bond proceeds provided by the attached Resolutions reflects the initial intent
of County Staff. However, these Resolutions now add the requisite express written authority
for such application of proceeds.
The proceeds of the Bonds will be applied as follows:
A. The County will receive $4,355,000.00 as the proceeds for the Series 2010A Bond.
The $4,355,000.00 received from the Bank shall be applied as follows:
(i) $48,132.69 shall be retained by the County and used to pay the
costs and expenses incurred in connection with the issuance of the Series 2010A
Bond;
(ii) $386,920.00 shall be deposited into the North Lennard Roadl
Bonds Reserve Subaccount;
(iii) $1,316,944.20 shall be applied by the County to currently refund
the portion of the Interim Financing allocable to the North Lenard Roadl MSBU
Project; and
August 10, 2010
Page 3 of 3
(iv) $2,603,003.11 shall be deposited into the North Lennard Roadl
MSBU Project Account and used to finance the North Lennard Roadl MSBU
Project Costs.
B. The County will receive $860,000.00 as the proceeds for the Series 2010B Bond.
The $860,000.00 received from the Bank shall be applied as follows:
(i) $35,201.20 shall be retained by the County and used to pay the
costs and expenses incurred in connection with the issuance of the Series 2010B
Bond;
(ii) $77,955.00 shall be deposited into the North Lennard Road2 Bonds
Reserve Subaccount;
(iii) $160,609.54 shall be applied by the County to currently refund the
portion of the Interim Financing allocable to the North Lennard Road2 MSBU
Project; and
(iv) $586,234.26 shall be deposited into the North Lennard Road2
MSBU Project Account and used to finance the North Lennard Road2 MSBU
Project Costs.
C. The County will receive $260,000.00 as the proceeds for the Series 2010C Bond.
The $260,000.00 received from the Bank shall be applied as follows:
(i) $25,521.64 shall be retained by the County and used to pay the
costs and expenses incurred in connection with the issuance of the Series 2010C
Bond;
(ii) $25,180.00 shall be deposited into the North Lennard Road3 Bonds
Reserve Subaccount;
(iii) $112,984.85 shall be applied by the County to currently refund the
portion of the Interim Financing allocable to the North Lennard Road3 MSBU
Project; and
(iv) $96,313.51 shall be deposited into the North Lennard Road3
MSBU Project Account and used to finance the North Lennard Road3 MSBU
Project Costs.
RESOLUTION NO.10-227
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA AMENDING RESOLUTION NO. 10-212 TO
PROVIDE FOR THE APPLICATION OF A PORTION OF THE PROCEEDS OF
THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT REVENUE BOND,
SERIES 2010A (NORTH LENNARD ROAD1 MSBU) TO CURRENTLY
REFUND THE PORTION OF THE COUNTY'S SPECIAL ASSESSMENT LINE
OF CREDIT, SERIES 2006 (MSBU LOAN - SUNTRUST BANK FACILITIY)
ALLOCABLE TO THE NORTH LENNARD ROAD1 MSBU PROJECT,
PROVIDING CERTAIN OTHER MATTERS RELATED THERETO AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This resolution is adopted pursuant to the
provisions of Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of County
Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as amended, and
Resolution No, 94-196, adopted on September 20, 1994, as supplemented and amended from time
to time (the "Master Resolution") and other applicable provisions of law.
Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall
have the meaning set forth in the Master Resolution, Resolution No. 10-049 adopted by the Board
on February 2, 2010 (the "Series Resolution") and Resolution No. 10-212 adopted by the Board on
July 17, 2010 (the "Commitment Resolution"), as the case may be.
As used herein:
"Interim Financing" means the County's Special Assessment Improvement Line of
Credit Note, Series 2006 (MSBU Loan - SunTrust Bank Facility) presently outstanding in the
aggregate principal amount of $1,566,070.13, $1,296,684.66 of which is allocable to the North
Lennard Roadl MSBU Project.
Section 3. Findings. It is hereby found, declared, and determined by the Board.
(A) The Board previously adopted the Series Resolution authorizing the issuance of the
Series 2010A Bond to finance the North Lennard Road MSBU Project.
(B) The County also previously adopted the Commitment Resolution, which among
other things, authorized the sale of the Series 2010A Bond at a negotiated sale to JPMorgan Chase
Bank, N.A. (the "Bank") and approved the form of and authorized the execution and delivery of
the Loan Agreement between the County and the Bank relating to the Series 2010A Bond.
(25048/001 /004584W. DOC O
1
t
(C) The County's Interim Financing was initially issued on September 18, 2006 to
provide interim financing for the North Lennard Roadl MSBU Project and other projects related to
other North Lennard Road.
(D) The Interim Financing matures on September 18, 2010.
(E) The County now desires to currently refund the portion of the Interim Financing
allocable to the North Lennard Roadl MSBU Project with a portion of the proceeds of the Series
2010A Bond.
(F) It is necessary and desirable and in the best interests of the health, safety and
welfare of the County and its residents to provide for the refunding of the portion of the Interim
Financing allocable to the North Lennard Roadl MSBU Project with a portion of the proceeds of
the Series 2010A Bond.
Section 4. Amendment of Section 4 of the Commitment Resolution. The Commitment
Resolution is hereby amended by adding the following paragraph to the end of "Section 4.
Approval of Commitment; Sale of Series 2010A Bond."
The proceeds of the Series 2010A Bond shall be applied, in the amounts indicated in
the Loan Agreement, for the following purposes:
(a) to pay the costs and expenses incurred in connection with the
issuance of the Series 2010A Bond;
(b) to make a deposit to the North Lennard Roadl Bonds Reserve
Subaccount established under the Series Resolution;
(c) to currently refund the portion of the Interim Financing allocable
to the North Lennard Roadl MSBU Project, and
(d) deposited into the North Lennard Roadl MSBU Project Account
established under the Series Resolution and used to finance the North Lennard
Roadl MSBU Project Costs.
Section S. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
Section 6. Severability. If any one or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of this resolution.
125W/001/0045M W.DOCvlF
2
Section 7. Amendment. After the issuance of the Series 2010A Bond, this resolution may
not be amended or repealed except with the prior written consent of the Bank.
Section 8. Effective Date. This resolution shall take effect immediately upon its adoption.
Passed and Adopted this 17th day of August 2010, at a regular meeting duly called and
held.
(SEAL)
ATTEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
{25048/001/00458460.DOCv] )
3
ST. LUCIE COUNTY, FLORIDA
By:
Chairman, Board of County
Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
RESOLUTION NO.10-228
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA AMENDING RESOLUTION NO. 10-213 TO
PROVIDE FOR THE APPLICATION OF A PORTION OF THE PROCEEDS OF
THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT REVENUE BOND,
SERIES 2010E (NORTH LENNARD ROAD2 MSBU) TO CURRENTLY REFUND
THE PORTION OF THE COUNTY'S SPECIAL ASSESSMENT LINE OF
CREDIT, SERIES 2006 (MSBU LOAN - SUNTRUST BANK FACILITIY)
ALLOCABLE TO THE NORTH LENNARD ROAD2 MSBU PROJECT,
PROVIDING CERTAIN OTHER MATTERS RELATED THERETO AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This resolution is adopted pursuant to the
provisions of Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of County
Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as amended, and
Resolution No, 94-196, adopted on September 20, 1994, as supplemented and amended from time
to time (the "Master Resolution") and other applicable provisions of law.
Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall
have the meaning set forth in the Master Resolution, Resolution No. 10-051 adopted by the Board
on February 2, 2010 (the "Series Resolution") and Resolution No. 10-213 adopted by the Board on
July 17, 2010 (the "Commitment Resolution"), as the case may be.
As used herein:
"Interim Financing" means the County's Special Assessment Improvement Line of
Credit Note, Series 2006 (MSBU Loan - SunTrust Bank Facility) presently outstanding in the
aggregate principal amount of $1,566,070.13, $158,138.76 of which is allocable to the North
Lennard Road2 MSBU Project.
Section 3. Findings. It is hereby found, declared, and determined by the Board.
(A) The Board previously adopted the Series Resolution authorizing the issuance of the
Series 2010B Bond to finance the North Lennard Road2 MSBU Project.
(B) The County also previously adopted the Commitment Resolution, which among
other things, authorized the sale of the Series 2010B Bond at a negotiated sale to JPMorgan Chase
Bank, N.A. (the "Bank") and approved the form of and authorized the execution and delivery of
the Loan Agreement between the County and the Bank relating to the Series 2010B Bond.
(2-%M/001 /0045W 1. DDCv 1(
1
(C) The County's Interim Financing was initially issued on September 18, 2006 to
provide interim financing for the North Lennard Road2 MSBU Project and other projects related to
other North Lennard Road.
(D) The Interim Financing matures on September 18, 2010.
(E) The County now desires to currently refund the portion of the Interim Financing
allocable to the North Lennard Road2 MSBU Project with a portion of the proceeds of the Series
2010B Bond.
(F) It is necessary and desirable and in the best interests of the health, safety and
welfare of the County and its residents to provide for the refunding of the portion of the Interim
Financing allocable to the North Lennard Road2 MSBU Project with a portion of the proceeds of
the Series 2010B Bond.
Section 4. Amendment of Section 4 of the Commitment Resolution. The Commitment
Resolution is hereby amended by adding the following paragraph to the end of "Section 4.
Approval of Commitment; Sale of Series 2010B Bond."
The proceeds of the Series 2010B Bond shall be applied, in the amounts indicated in
the Loan Agreement, for the following purposes:
(a) to pay the costs and expenses incurred in connection with the
issuance of the Series 2010B Bond;
(b) to make a deposit to the North Lennard Road2 Bonds Reserve
Subaccount established under the Series Resolution;
(c) to currently refund the portion of the Interim Financing allocable
to the North Lennard Road2 MSBU Project; and
(d) deposited into the North Lennard Road2 MSBU Project Account
established under the Series Resolution and used to finance the North Lennard
Road2 MSBU Project Costs.
Section 5. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
Section 6. Severability. If any one or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of this resolution.
125048/001/00458461. DOCv 1)
K
Section 7. Amendment. After the issuance of the Series 2010B Bond, this resolution may
not be amended or repealed except with the prior written consent of the Bank.
Section 8. Effective Date. This resolution shall take effect immediately upon its adoption.
Passed and Adopted this 17th day of August 2010, at a regular meeting duly called and
held.
(SEAL)
ATTEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
125048/001/00458461. DOC vl )
3
ST. LUCIE COUNTY, FLORIDA
By:
Chairman, Board of County
Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
RESOLUTION NO.10-229
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA AMENDING RESOLUTION NO. 10-214 TO
PROVIDE FOR THE APPLICATION OF A PORTION OF THE PROCEEDS OF
THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT REVENUE BOND,
SERIES 2010C (NORTH LENNARD ROAD3 MSBU) TO CURRENTLY
REFUND THE PORTION OF THE COUNTY'S SPECIAL ASSESSMENT LINE
OF CREDIT, SERIES 2006 (MSBU LOAN - SUNTRUST BANK FACILITIY)
ALLOCABLE TO THE NORTH LENNARD ROAD3 MSBU PROJECT;
PROVIDING CERTAIN OTHER MATTERS RELATED THERETO AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This resolution is adopted pursuant to the
provisions of Chapter 125, Part 1; Florida Statutes, Ordinance No. 87-77 of the Board of County
Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as amended, and
Resolution No, 94-1%, adopted on September 20, 1994, as supplemented and amended from time
to time (the "Master Resolution") and other applicable provisions of law.
Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall
have the meaning set forth in the Master Resolution, Resolution No. 10-052 adopted by the Board
on February 2, 2010 (the "Series Resolution") and Resolution No. 10-214 adopted by the Board on
July 17, 2010 (the "Commitment Resolution"), as the case may be.
As used herein:
"Interim Financing" means the County's Special Assessment Improvement Line of
Credit Note, Series 2006 (MSBU Loan - SunTrust Bank Facility) presently outstanding in the
aggregate principal amount of $1,566,070.13, $111,246.71 of which is allocable to the North
Lennard Road3 MSBU Project.
Section 3. Findings. It is hereby found, declared, and determined by the Board.
(A) The Board previously adopted the Series Resolution authorizing the issuance of the
Series 2010C Bond to finance the North Lennard Road3 MSBU Project.
(B) The County also previously adopted the Commitment Resolution, which among
other things, authorized the sale of the Series 2010C Bond at a negotiated sale to JPMorgan Chase
Bank, N.A. (the "Bank") and approved the form of and authorized the execution and delivery of
the Loan Agreement between the County and the Bank relating to the Series 2010C Bond.
(25W/001/0045WIDOCO )
1
(C) The County's Interim Financing was initially issued on September 18, 2006 to
provide interim financing for the North Lennard Road3 MSBU Project and other projects related to
other North Lennard Road.
(D) The Interim Financing matures on September 18, 2010.
(E) The County now desires to currently refund the portion of the Interim Financing
allocable to the North Lennard Road3 MSBU Project with a portion of the proceeds of the Series
2010C Bond.
(F) It is necessary and desirable and in the best interests of the health, safety and
welfare of the County and its residents to provide for the refunding of the portion of the Interim
Financing allocable to the North Lennard Road3 MSBU Project with a portion of the proceeds of
the Series 2010C Bond.
Section 4. Amendment of Section 4 of the Commitment Resolution. The Commitment
Resolution is hereby amended by adding the following paragraph to the end of "Section 4.
Approval of Commitment; Sale of Series 2010C Bond."
The proceeds of the Series 2010C Bond shall be applied, in the amounts indicated in
the Loan Agreement, for the following purposes:
(a) to pay the costs and expenses incurred in connection with the
issuance of the Series 2010C Bond;
(b) to make a deposit to the North Lennard Road3 Bonds Reserve
Subaccount established under the Series Resolution;
(c) to currently refund the portion of the Interim Financing allocable
to the North Lenard Road3 MSBU Project; and
(d) deposited into the North Lenard Road3 MSBU Project Account
established under the Series Resolution and used to finance the North Lenard
Road3 MSBU Project Costs.
Section 5. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
Section 6. Severability. If any one or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of this resolution.
(25048/001/004-%462.DOCv1 J
2
Section 7. Amendment. After the issuance of the Series 2010C Bond, this resolution may
not be amended or repealed except with the prior written consent of the Bank.
Section 8. Effective Date. This resolution shall take effect immediately upon its adoption.
Passed and Adopted this 17th day of August 2010, at a regular meeting duly called and
held.
(SEAL)
ATTEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
125048 /001 /00458462. DOC v I
3
ST. LUCIE COUNTY, FLORIDA
By:
Chairman, Board of County
Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
LK
AGENDA REQUEST
It11114 4iLto Ti Eel
DATE: 8/17/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -ID ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Mark A. DiMascio
SUBMITTED BY: Parks and Recreation Services Interim Recreation Manager
SUBJECT: Waiver of Fairgrounds Facility Rental Fees for the 2010 Love Doctors Charities
Annual Toy Drive
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval to waive $2,156.25 in facility rental fees for the 2010 Love
Doctors Charities Annual Toy Drive Marathon to be held at the St. Lucie
County Fairgrounds, Exhibit Buildings A, B and C as outlined in the agenda
memorandum.
COMMISSION ACTION:
(� APPROVED
( ) OTHER
County Attorney (X )
( ) DENIED
Approved 5-0
Al
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB
Budget Analyst
Daniel clntyre
Originating Dept. (X )
Debra R. Brisson
Purchasing
r
Parks and Recreation Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Debra Brisson, Director jk
FROM: Mark A. DiMascio, Interim Recreation Manager 6D__
DATE: August 17, 2010
SUBJECT: Waiver of Fairgrounds Facility Rental Fees for the 2010 The Love Doctors
Charities Annual Toy Drive Marathon
ITEM NO. VI-C
Backaround:
The Love Doctors Annual Toy Drive Marathon was organized in 1994 to provide Christmas toys for
children in need throughout the community. Families are identified through referrals from local
social service agencies, schools and individuals. Hundreds of volunteers, purchase, organize and
distribute the toys.
In its first year, the drive raised $2,900 and served 51 children. The drive has steadily grown over
the years and in 2009, the fund-raising total amounted to $171,000, and provided toys for 7,400
children. Over the lifetime of the drive, toys have been provided to more than 67,000 children.
The Love Doctors Charities, Inc., a Port St. Lucie 501 (C) (3) is requesting to utilize the St. Lucie
County Fairgrounds as their north location for the annual holiday toy distribution center for the
Treasure Coast. The event is scheduled to take place December 15 - 18, 2010. They are
requesting that the County waive the facility rental fees for this event. The Love Doctors Charities,
Inc. has agreed to reimburse the County $393 for staffing and electrical costs associated with the
event.
Recommendation:
Board approval to waive $2,156.25 in facility rental fees for the 2010 Love Doctors Charities Annual
Toy Drive Marathon to be held at the St. Lucie County Fairgrounds, Exhibit Buildings A, B and C as
outlined in this agenda memorandum.
..
r-
June 3, 2010
Debra Brisson, Director
Parks and Recreation Services
2300 Virginia Ave.
Fort Pierce, FI. 34982
Dear Ms. Brisson,
EXHIBIT "A"
Our charity conducts an annual holiday toy distribution to families throughout the
Treasure Coast. Last year we provided new toys to more than 7,500 local
children. We would like to utilize the St. Lucie County Fairgrounds as our north
location this year, and have reserved the dates of December 15-18, 2010.
We are asking that you please consider waiving the rental fees for our charity,
with the exception of the costs for staff and electricity.
I have included a copy of our 501(C)(3) Organization Exemption for your
records. Thank you for your consideration, I look forward to hearing from you.
Regards,
\.;�- -
Terri May
Executive Director
The Love Doctors Charities
P.O. Box 880862 • Port St. Lucie, Florida 34988
(772) 621-7021 • Fax (772) 621-7024
www.LoveDoctors.org
The Love Doctors Charities is a 501(c)(3) charitable organization registered with the State of Florida
Registration #CH18873
10
EXHIBIT "B"
• ]: tJ .i=:i mil•-i__.LS Lim_ :I'�.-.+W'v '.. .. �_i:.�J .. LL..�f'��4r '� �. J"f(U.-'.
03/24/09
issued Pursuant to Chapter 212, Rorida Statutes
DEPARTMENT
OF REVENUE "
85-8013052421C-1 03151/2009 03/31/2014 5ti1(C)(3) -RGANI7ATION
leinpoe'tae et lrafolrmatioro for Exempt Organizations
d� 1�
oErn¢reee+r
OF REYM PE
DR-14
R 04105
I- You must provide all vendors and suppliers with an exemption cedfcate before making tax-exempt purchases.
See Rule 12A-1-038, Florida AdnOnistrative Code (FAC).
2. Your Consumers Cerffficahe of F_xe r*em is to be used solely by your orlon for your organization s
customary nonprofit activities-
3- Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbtssed by the organization.
4_ This exemption applies only to purchases your organization makes_ The sale or lease to others by your
organization of tangible personal property, sleeping accommodations or other real property is taxable. Your
organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches
are exempt from this requirement except when they are the less9AGY- _-
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree
felony. Any violation will necessitate the revocation of this certificate.
6- If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central
Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480_
Exhibit "C"
St. Lucie County Fairgrounds
15601 Midway Rd.
Fort Pierce, FL 34945
(772) 462-2581
Fax: 772-462-2579
Date:
July 9, 2010
Summer Ivey -Platt, Supervisor
Event:
The Love Doctor's Charities
Event Date
Contact Name:
Terri May
December 15-18, 2010
Address:
687 SW Whitmore Dr.
Port St. Lucie, FI
Fax:
Email Address:
terri _lovedoctors.om
ESTIMATE OF FEES:
Facility Rental:
Fees
Exhibit Buildings A,B,C
$1,150.00
Exhibit Buildings A,B,C Load In
$1,725.00
Less 25% Not for profit discount
$718.75
Total Facility Rental Fees
$2,156.25
Personnel:
Custodian $0.00
Houseman (1) 9 hour day @ $27.00/hour $243.00
Total Estimated Personnel Fees $243.00
Direct Costs: Electric $100.00
Dumpster Fees $50.00
Total Direct Cost Fees $150.00
Miscellaneous:
RV's RV sites are $33.45/night with tax $0.00
Stalls Stalls are $23.00/day with tax $0.00
Shavings TBD- Sale on grounds $0.00
Total Miscellaneous Fees $0.00
TOTAL PRETAX FEES $2,549.25
Sales Tax 6.5% T/E
TOTAL FEES $2,549.25
Payments: 1st Deposit (due at contract signing) $1,274.63
(50% of Facility Rental)
Final Payment (due 30 days prior to event) $1,274.62
(Remainder of event fees)
Prepared By: Lessee Initials
NOTE: The costs listed above are estimates only and are subject to change based upon the actual event.
The balance of event fees are due thirty (30) calendar days before the event. At the conclusion of the event,
reconciliation will be performed and any balance is due and payable immediately. Any unpaid balance will be fined a
1.5% penalty rate each month until balance is paid.
late: July 9, 2010
vent: The Love Doctor's Charities
ontact Name: Terri May
.ddress: 687 SW Whitmore Dr.
Port St. Lucie, FI
ax:
mail Address: terri(oD-lovedoctors.org
acility Rental:
ersonnel:
'ustodian
ouseman
irect Costs:
liscellaneous:
ayments:
repared By:
Exhibit "D"
St. Lucie County Fairgrounds
15601 Midway Rd.
Fort Pierce, FL 34945
(772) 462-2581
Summer Ivey -Platt, Supervisor
ESTIMATE OF FEES:
Exhibit Buildings A,B,C
Exhibit Buildings A,B,C Load In
Less 25% Not for profit discount
Total Facility Rental Fees
(1) 9 hour day @ $27.00/hour
Total Estimated Personnel Fees
Electric
Dumpster Fees
Total Direct Cost Fees
RV's RV sites are $33.45/night with tax
Stalls Stalls are $23.00/day with tax
Shavings TBD- Sale on grounds
Total Miscellaneous Fees
Fax: 772-462-2579
Event Date
December 15-18, 2010
Fees
$0.00
$0.00
$0.00
$0.00
$0.00
$243.00
$243.00
$100.00
$50.00
$150.00
$0.00
$0.00
$0.00
$0.00
TOTAL PRETAX FEES $393.00
Sales Tax 6.5% T/E
TOTAL FEES $393.00
1st Deposit (due at contract signing) $0.00
(50% of Facility Rental)
Final Payment (due 30 days prior to event) $393.00
(Remainder of event fees)
Lessee Initials
NOTE: The costs listed above are estimates only and are subject to change based upon the actual event.
The balance of event fees are due thirty (30) calendar days before the event. At the conclusion of the event,
reconciliation will be performed and any balance is due and payable immediately. Any unpaid balance will be fined a
1.5% penalty rate each month until balance is paid.
r
ITEM NO. VI-D
DATE: 08/17/10
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Britton De Witt
SUBMITTED BY: Planning and Development Services Senior Planner
Department
SUBJECT: Right -of -Way Protection Map
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to advertise the three public hearings to update and relocate
the Right -of -Way Protection Map to the Land Development Code as outlined in the
attached agenda memorandum.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (X) County Surveyor ( )
Daniel S. McIntyre
County Engineer ( )
Originating Dept. (X)
Michael Powley
Mark Satterlee
Purchasing ( )
Melissa Simberlund
ERD ( )
OMB ( )
Ron Harris
Karen Smith
Marie Gouin
Planning and Development
Services Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning & Development Services Direegr
Kara Wood, Planning Manager Pe
FROM: Britton De Witt, Senior Planner
Planning Division /91
DATE: August 17, 2010
SUBJECT: Right -of -Way Protection Map
ITEM NO.: VI-D
Background:
The proposed changes to the Comprehensive Plan, based on the recommendations from the
Evaluation and Appraisal Report (EAR) adopted in October 2008, were presented to the Board of
County Commissioners on June 1, 2010. One of the proposed changes to the Comprehensive Plan
was to relocate the Right -of -Way Protection Map (RWPM) into Section 7.05.03 of the Land
Development Code. The RWPM directly supports this section which is titled "Rights -of -Way
Determinations and Dedications, Improvements." The Department of Community Affairs does not
require this map to be present in the Comprehensive Plan and updates to the data would be more
efficient if located in the Land Development Code.
The upcoming three public hearings finalize the three -step process of removing the RWPM from the
Comprehensive Plan, updating the information depicted on the map and then adopting the map into
the Land Development Code. Adoption into the Land Development Code requires one public hearing
before the Planning and Zoning Commission and two public hearings before the Board of County
Commissioners.
The Land Development Code requires the `Thoroughfare Network Right -of -Way Protection Plan," of
which the RWPM is a part, to be reviewed and updated every two years. The Schedule of Capital
Improvements located in the Capital Improvements Element of the Comprehensive Plan is based on
anticipated needs identified on the RWPM.
Recommendation:
Board authorization to advertise the three public hearings to update and relocate the Right -of -Way
Protection Map to the Land Development Code as outlined in this agenda memorandum.
AGENDA REQUEST
ITEM NO. VI -Ell
DATE: 8/17/10
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Powley, P.E. Ali
SUBMITTED BY: Public Works/Engineering Division County Engineer
SUBJECT: Acceptance of the Fairgrounds' Pedestrian Bridge
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: June 15, 2004 — Board approved the Florida Department of Transportation (FDOT)
Local Agency Program (LAP) and Resolution 04-161.
RECOMMENDATION: Board acceptance of the Fairgrounds' Pedestrian Bridge.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (x) l OMB Director
Daniel McIntyre Budget Analyst
Originating Dept. ( x) W - County Engineer
Don Id West
Road & Bridge
Manager ( x )
Donald Pauley
Fairgrounds Pedestrian Bridge acceptance.ag
(x)
ie Gouin
(x) j� �� Ss� ram-► z
Michael Powley
Engineering Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer %11`°P
DATE: August 17, 2010
SUBJECT: Acceptance of Fairgrounds' Pedestrian Bridge
ITEM NO. VI -El
Background:
The plans for the four-laning of Okeechobee Road (State Road 70) included a pedestrian bridge
at the Fairgrounds in order for patrons to access the multi -use trail on the north side of the road.
St. Lucie County contributed $150,000 towards its construction. Although constructed by FDOT,
the bridge was constructed for, and will be the property of, St. Lucie County. Maintenance
responsibilities lie with us also.
Staff has monitored the construction throughout and find it to be in conformance to the plans and
specifications. Additionally, attached please find a letter from Ms. Karina Enrico -Jackson, P.E.,
engineer -of -record for the widening project, certifying the construction (Attachment A).
Previous Action:
May 18, 2004 — Board approved submittal of the FDOT transportation enhancement grant for
landscape beautification.
June 15, 2004 — Board approved the FDOT LAP and Resolution 04-161.
Recommendation:
Board acceptance of the Fairgrounds' Pedestrian Bridge.
1VF
L
ENGINEERING. Inc.
CIM [MO:NF[OIMS HMO
'OUTRUM01 MMIAOfMW
April 30, 2010
Dickerson Florida, Inc.
Chuck Cameron, Vice President
P.O. Box 910
Ft. Pierce, FL 34954
Financial Project ID:
State Project No.:
Federal Aid No.:
Contract No.:
County:
Description:
Attachment A
EMAI'lLED
date: E O
to:
CERTIFIED MAIL
Return Receipt Requested
#7006 0100 0004 0850 9213
230262-5-52-01
94030
NIA
T4159
St. Lucie
Reconstruction of SR-70 from a 2-lane undivided to a 4-lane
divided rural.
SUBJECT: LETTER OF FINAL ACCEPTANCE
Dear Mr. Cameron;
The following is to inform you that all contract items of work on the above -mentioned project have been
completed satisfactorily and final acceptance of the work has been issued as of Thursday, April 29,
2010.
In accordance with Article 5-11 of the Standard Specifications, this is your written notice of final
acceptance of the work.
Sincerely,
Karina Enrico -Jackson, P.E.
Sr. Project Engineer
cc: Carolyn Gish, P.E., FDOT Treasure Coast OPS, Operations Engineer
Guillermo Vignier, P.E. FDOT Treasure Coast OPS, Operations Support Manager
ChloAnn Lawrence -Fischer, FDOT Treasure Coast OPS, Project Manager
AnnMarie Cunningham, FDOT Treasure Coast OPS, Final Estimates
Tom Greene, FDOT Treasure Coast OPS, Maintenance
Henry Oaikhena, FDOT Design Project Manager
Andres Garganta, Engineer of Record, Consul -Tech
Larry Dale, President, Dickerson Florida, Inc.
Rick Shepherd, Project Manager, Dickerson Florida, Inc.
Tami Lee Piascik, Project Administrator
John Tuttell, Contract Support Specialist
File: GBF - Dickerson, Correspondence #144
GBF Engineering, Inc (772) 460-8053 Office
3025 Matthews Road, Ft. Pierce, FL 34945 (772) 460-8054 Fax
AGENDA REQUEST
ITEM NO. VI-E2
DATE: 8/17/10
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 Way Dairy Road Culvert Improvement Project
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 101-4115-563005-19014L - Tropical Storm Fay
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the Fourth Amendment to Work Authorization No. 7 (C07-07-
387) for roadway design services with Miller Legg in the amount of $8,760 and
authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
(� APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( x ti3
OMB Director ( x)
Daniel McIntyre Budget Analyst y rie Gouin
Originating Dept. ( xCounty Engineer (x)
Donald West Michael Powley
Road & Bridge ( x )
Manager Donald Pauley
White Way Dairy Road Amend 4 WA7 Miler-Legg.ag
Engineering Division mmi
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer Wr
DATE: August 17, 2010
SUBJECT: White Way Dairy Road Culvert Improvement Project
ITEM NO. VI-E2
Background:
During routine culvert inspections after Tropical Storm Fay, it was observed that the three existing
96-inch equivalent culvert pipes at the White Way Dairy Road crossing of 5-Mile Creek had
significantly deteriorated.
A pipe restoration method known as shotcrete was chosen, which involves spraying a concrete
lining onto the interior of the pipes. This innovative process would be an expedient and
economical solution to restore large deteriorated pipes. Equally important was the fact that by
minimally reducing the inside diameter of the pipes, this shotcrete method met the North Saint
Lucie River Water Control District head -loss and flow -rate permit requirements.
It is important to note the inherent danger of standing inside a corroded metal pipe and
discharging concrete with substantial force onto the pipe wall. Unless it is done appropriately, the
entire soil column (each square foot of inside pipe ceiling supports about one ton of weight) could
come crashing through. Engineering therefore required an American Concrete Institute's
Nozzleman certification. This certification is not commonplace. At the time of bidding, only a
handful of licenses resided in Florida.
Staff contacted a total of five contractors in accordance with the approved emergency bidding
procedures. Unfortunately, three of the five contractors did not provide bid quotes. Of the two that
did, one bid was determined by staff to be non -responsive. The only bidder deemed responsive
provided a quote for $239,877, which was more than double the Engineer's Cost Estimate. It is
staff's opinion that the general contracting community is not familiar with our proposed repair
procedure and was unwilling to attempt it. Therefore, it is now our intention to design and
construct a county -standard culvert replacement project with cast -in -place concrete headwalls.
Our design is nearing completion. However, last minute issues concerning the delineation of
public and private property boundaries require us to complete additional survey and to modify our
design. Our plans propose two multi -plate arch pipes. We have successfully utilized multi -plate
arch pipes on several projects. A key aspect of the new design will be maintaining all of the
improvements inside the very limited county -owned right-of-way of 30 feet on White Way Dairy
,Engineering Division Memorandum
August 17, 2010
Item No. VI-E2
Page 2
Road. Once our plans are complete, it is our intention to again utilize the County's emergency
bidding procedures. The attached Fourth Amendment to Work Authorization No. 7 (Attachment A)
is for additional engineering services for culvert design with Miller Legg in the amount of $8,760.
Previous Action:
March 4, 2009 — Work Authorization No. 7 for $24,881.29 executed by the County Administrator.
April 30, 2009 - First Amendment to Work Authorization No. 7 for a time extension.
May 19, 2009 - Board authorized staff to utilize emergency bidding procedures along with the
Local Economic Stimulus Ordinance for repair of the crossing.
September 15, 2009 - Board authorized staff to reject quotes for White Way Dairy Road Culvert
Improvement Project and approve the Second Amendment to Work Authorization No. 7 for
roadway design services with Miller Legg in the amount of $39,400.
March 25, 2010 - Third Amendment to Work Authorization No. 7 for a time extension.
Recommendation:
Board approval of the Fourth Amendment to Work Authorization No. 7 (C07-07-387) for roadway
design services with Miller Legg in the amount of $8,760 and authorization for the Chair to sign
documents as approved by the County Attorney.
Atta::hment A
PROJ/PROG #19014L
FOURTH AMENDMENT WORK AUTHORIZATION NO. 07
CONTRACT C07-07-387
FOR CONTINUING PROFESSIONAL STORMWATER MANAGEMENT DESIGN AND
PERMITTING SERVICES
THIS WORK AUTHORIZATION is made as of the day of , by
and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as the "County" and MILLER LEGG , hereinafter referred to as the "Consultant".
WITNESSETH:
WHEREAS, on July 24, 2007 the COUNTY entered into a Consulting Agreement
(Contract No. C07-07-387) hereinafter referred to as "Contract" with the CONSULTANT to
provide continuing professional stormwater management design and permitting 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:
PROJECT:
The COUNTY has determined that it would like to complete a project described below:
WHITE WAY DAIRY ROAD @ 5 MILE CREEK CULVERT SLEEVING
TROPICAL STORM FAY
(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 (C07-07-387). The
services to be provided by CONSULTANT on the Project shall be for those as outlined in the
Page 1 of 9
Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto
as Exhibit "C" 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 Seventy Three Thousand Forty -One
Dollars and 29 cents ($73,041.29), an increase of $8,760.00, as further detailed in Exhibit "B".
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 shall
complete all work on or before April 26, 2011, as further described in Exhibit "C".
C. If the work is not fully completed according to the terms of the Contract and
within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer
damages which are not capable of ascertainment or calculation, and therefore the
CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of One Hundred Dollars
( 100.00) per calendar 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 her designee, or the Contract
may be cancelled by the County Administrator with the County invoking all rights and remedies
thereof.
e. Where any deductions from or forfeitures of payment in connection with the work
of this Contract are duly and properly imposed against the CONSULTANT, in accordance with
the terms of the Contract, State Laws, governing ordinances or regulations, the total amount
thereof may be withheld from any monies due or to become due the CONSULTANT under the
Contract; and when deducted, shall be deemed and taken as payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple
copies, each of which shall be considered an original on the following dates.
Page 2 of 9
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES: MILLER LEGG
BY:
Print Name:
Title:
Page 3 of 9
July 7, 2010
EXHIBIT A - SCOPE OF SERVICES
White Way Dairy Rd Culvert Replacement — Additional Design Effort
SLC PO Number P2912912
1.0 PROJECT DESCRIPTION
The Project is generally described as follows: Additional services to revise the
civil engineering and permitting services for replacement of three (3) - 40 linear
foot 96"x102" corrugated metal pipes. The pipes are located in 5-mile Creek at
the intersection with White Way Dairy Road. The Project is located in Fort
Pierce, Township 35S, Range 40E, Section 18 in St. Lucie County, Florida.
Miller Legg previously designed the plans for this project to the 90% level of
completion.
2.0 BASIS OF SCOPE
2.1 Engineering:
• The triple 96"x102" corrugated metal pipes are corroded and it is St.
Lucie County's desire to replace the culverts by means of removing the
existing pipes and concrete headwalls.
• The basis of existing information is the topographic survey dated
March 10, 2009 developed by Miller Legg.
• It is understood that the property lines along Five Mile Creek south of
White Way Dairy Road are not known. Boundary survey services
were not provided by Miller Legg.
• It is assumed that the County road right of way limits are approximately
30 feet to the south of the NSLRWCD Canals 36 and 6. This
assumed right of way will be the limit of work to the south of the culvert
crossing. No improvements will be designed to the canal beyond this
limit.
• 90% drawings were submitted to St. Lucie County on November 3`d
2009. St Lucie County has requested a redesign with significant
changes in order to construct the replacement culvert within the limits
of their assumed White Way Dairy Road rights of way and to align the
pipe barrels with the canal alignment, due to right of way restrictions.
• Due to the constrained right of way, guardrail will be necessary.
ML Proposal No. 09-P0473 Page 4 of 9 Initial: ML Client:
July 7, 2010
• Metal headwalls are anticipated for this design, and must be set
perpendicular to the pipe alignment.
• Twin 15'-7" x 10'-2" aluminum structural arch pipes are required to
meet the hydraulic requirements of North St. Lucie River Water Control
District (NSLRWCD).
• Traffic control measures plans (MOT) are included within this scope.
• Utility relocation and design is not anticipated within this scope.
• Sheetpile during excavation operations due to right of way restrictions
is anticipated. Consultant will provide general locations for installation,
but will not provide design depth, material specification, or other
technical information for sheetpile.
• White Way Dairy Road is currently unpaved and will remain unpaved
following the completion of the culvert replacement. Stabilized
limerock road base is anticipated for roadway section.
• Wetlands determination, protected species and wildlife observations
have not been performed. This scope and fee is based on the
assumption that wetlands determination, permitting, mitigation and/or
protected species relocation is not required.
• The agencies with jurisdiction for this Project include St. Lucie County,
NSLRWCD, and the South Florida Water Management District
(SFWMD). Plans will be designed in accordance with standards of the
above mentioned agencies, though exceptions are anticipated due to
Right of Way constraints. St Lucie County will lead negotiations with
agencies regarding design that does not meet NSLRWCD minimum
standards.
• The SFWMD noticed general permit #56-03055 dated February 4,
2010 was obtained by Miller Legg.
• Water Use permitting for dewatering activities during construction is
responsibility of the Contractor.
2.2 Construction Services:
• The County will be responsible for construction administration and the
daily construction observation activities. It is understood that
Consultant involvement will only be to the extent necessary for
certification of the job through the regulatory agencies mentioned in
this proposal. The County shall supply to Consultant all construction
ML Proposal No. 09-P0473 page 5 of 9 Initial: ML Client:
July 7, 2010
reports, systems testing documentation, copies of all relevant data and
information which may be beneficial for the Project certification efforts
performed by Consultant.
• Consultant will perform the required site visits for verification of work
compliance and for certification of the Project.
3.0 INFORMATION TO BE PROVIDED BY CLIENT
3.1 Copies of all relevant data, including correspondence, reports, plans,
or information in its possession which may be beneficial to the work
effort performed by the Consultant.
3.2 Warranty deeds or property ownership documentation as necessary
for the permitting of the Project.
3.3 A letter granting access to the site for data collection purposes.
3.4 Any available as -built information of the existing conditions.
3.5 Title reports including any available right-of-way and recorded
easements.
3.6 Filing and application fees, permit review fees, impact fees or other
associated assessments by other agencies. Miller Legg to prepare
applications and process permits.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be as follows:
ENGINEERING TASKS
Task 1. Additional Civil Engineering Services — Due to St Lucie County
requested revisions, Consultant shall prepare revised construction plans
and specifications for the replacement of the triple 96"x102" CMP culvert
located in White Way Dairy Road with twin 15'-7" x 10'-2" aluminum
structural plate arch pipes with metal headwalls. Re -design shall be such
that the installation of the headwalls and pipes does not project beyond
the assumed right of way limits mentioned above. Pipes will be designed
parallel to the current alignment of Five Mile Creek. There are (2)
submittals proposed for this project, and packages will be provided at a
100%QC and 100% level. Services provided will include the following
elements:
ML Proposal No. 09-P0473 Page 6 of 9 Initial: ML Client:
July 7, 2010
• Civil engineering plans with plan views identifying the culvert
specifications and construction details
• Demolition plans for the removal of the existing pipe and concrete
headwalls
• Limited canal and roadway grading plans as needed for the installation
of headwalls. No canal improvements south of the limits of work will
be proposed.
• Stormwater pollution prevention plans
• General notes and specifications to meet St. Lucie County
requirements.
• Geometric Control Plans to include general layout and dimensions for
construction purposes based off of the previously stated assumed
Right of Way alignment.
• Quantity take off as required per FDOT pay items and St. Lucie
County.
• Traffic Control/Maintenance of Traffic (MOT) plans as required by St.
Lucie County
• Preparation of the specification section 00300 — BID FORM for use of
contractor during bidding. A, MS Word (.doc) file will be supplied to
Consultant to be used as a template. This file will be modified to the
specific needs of this project.
• Coordination with NSLRWCD. Regulatory agency permitting through
these agencies will be required.
• Site observation and statement of work completion.
Deliverables shall include submittals to the Client for the 100%QC review
and 100% design drawings. The bid form will be provided at the 100%QC
and 100% submittals. Each submittal will also include an Opinion of
Probable Cost.
FEE Increase: Not to Exceed (NTE) $8,760.00
F:\PROJECTS\2009\09-00207 - White Way Culvert Replacement\Documents\Contracts\Add Svc July 2010\09-P0473 Whiteway
Culv Replace ExA7-6-10 .doc
ML Proposal No. 09-PO473 Page 7 of 9 Initial: ML Client:
July 7, 2010
WHITE WAY DAIRY ROAD CULVERT REPLACEMENT - ADDITIONAL DESIGN EFFORT
EXHIBIT B — SUMMARY OF FEES
July 7, 2010
FAPROJECTS12009109-00207 - White Way Culvert ReplacementlDocumentslCentracts�Add Svc July 2010109-P0473 Whiteway Culv Replace Exhibit B - Fee
Summary.doc
ML Proposal No. 09-P0473 Page 8 of 9 Initial: ML Client:
Exhibit "C"
White Way Dairy Rd Culvert Replacement
Additional Design Effort
Schedule of Deliverables
July 7, 2010
Item
NTP
100%QC Drawing Submittal
100%QC comments from SLC
100% Drawing Submittal
Permit Closeout/Certification
Date
Monday, July 12th 2010
Monday, July 19`h 2010
Friday, July 23rd 2010
Friday, July 30th 2010
Tuesday, April 26th 2011
F:\PROJECTS\2009\09-00207 - White Way Culvert Replacement\Documents\Contracts\Add Svc July 2010\09-P0473 Whiteway Culv
Replace Ex C - schedule.doc
Page 9of9
AGENDA REQUEST
ITEM NO. VI-F
DATE: 08/17/10
REGULAR t ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY.
Glenn Henderson%-P-�
SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer
SUBJECT: Forest Health Improvement Initiative — Grant Acceptance
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: February 9, 2010 - Board approval of grant application submittal.
RECOMMENDATION: Board authorization to accept a grant in the amount of $18,382.00 from the Florida
Department of Agriculture and Consumer Services Division of Forestry, 2009-2011
Forest Health Improvement Initiative Grant Program to plant trees at Harbour
Pointe Park and to approve Budget Resolution No. 10-224, as outlined in the
COMMISSION ACTION: agenda memorandum. CONCURRENCE:
(� APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Sianatures
County Attorney (X) OMB Director (X)
pcsr.
Dani I McIntyre ��� rie Gouin
Budget Analyst (X) IkL
Patty arston
Originating Dept. (X) Parks and (X)
Recreation Director
W liam Hoeffner Debra Brisson
Grants/Disaster Recovery
MEMORANDUM
TO:
Board of County Commissioners
THROUGH:
William Hoeffner.-Ov
Grants/Disaster Recovery Director
FROM:
Glenn Henderson A-
Grants/Resource Developer
DATE:
Aug. 17, 2010
SUBJECT:
Forest Health Improvement Initiative — Grant Acceptance
ITEM NO.
VI-F
Background:
This agenda item is a request for Board authorization to accept a grant in the amount of
$18,382.00 from the Florida Department of Agriculture and Consumer Services Division of
Forestry, 2009-11 Forest Health Improvement Initiative Grant Program to plant trees at Harbour
Pointe Park. This project is part of the County's efforts to improve the appearance of the County -
owned property and provide needed shade for park users. Approximately 80 trees, including Live
Oak, Royal Palm, Saba[ Palm, Silver Buttonwood and Sea Grape, will be planted.
The project will be managed by the Parks and Recreation Department, with trees and installation
provided by a contractor. Minimal maintenance will be required.
No matching funds are required for this grant.
Recommendation:
Board authorization to accept a grant in the amount of $18,382.00 from the Florida Department of
Agriculture and Consumer Services Division of Forestry, 2009-2011 Forest Health Improvement
Initiative Grant Program to plant trees at Harbour Pointe Park and to approve Budget Resolution
No. 10-224, as outlined in the agenda memorandum.
RESOLUTION NO. 10-224
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available from the Florida Department of Agriculture and Consumer Services in the form of a grant for
$18,382. This funding is to improve the appearance of Harbour Pointe Park and provide needed shade
for park users.
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 17th day of August, 2010, 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
001530-7210-331615-7679 US Dept of Ag-Urban&Comm Forestry $18,382
APPROPRIATIONS
001530-7210-552200-7679 Bldg/Infrastructure<$25000 $18,832
After motion and second the vote on this resolution was as follows:
Commissioner Charles Grande, Chairman XXX
Commissioner Doug Coward, Vice Chairman XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 17TH DAY OF AUGUST 2010.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
AGENDA REQUEST
ITEM NO. VI-G
DATE: 8117110
REGULAR ( )
PUBLIC HEARING
LEG: ( )
QUASI -JD ( )
CONSENT ( X )
TO BOARD OF COUNTY.COMMISSIONERS PRESENTED BY:
Mike Middlebrook 41�
SUBMITTED BY: Environmental Resource-s Department, Restoration Biologist
Environmental Regulations and Lands Division
SUBJECT: t Request to Purchase a Wood Chipper
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Funds will be made available in 316-3920-564000-3104 (Machinery &
Equipment).
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization for the purchase of a wood chipper, Equipment Request
Number 10-039., as outlined in the agenda memorandum. .
APPROVED. ( ) DENIED
( ) OTHERMPA.
Faye W. Outlaw,
Approved 5.0 County Administrator
Coordination/Sicmatures
County Attomey (X) OMB Director
Budget Analyst
Din McIntyre
Originating Dept ( X) Purchasing
kapetl Smith
0�
Marie Gouin
TaWonna.Johnson
Robert O'Suffivan
(x) ITC°o -
Environmental Resources
Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Lee Ann Lowery, Assistant County Administrator
Karen Smith, Director Envifonmental Resources Department
FROM: Mike Middlebrook, Restoration Biologist 441\-
DATE: August 17, 2010
SUBJECT: Request to Purchase a Wood Chipper
ITEM NO. V1-G
Backaround:
The Environmental Resources Department's ' (ERD) Land Management Division manages over
7,000 acres of environmentally sensitive lands. The majority of the County's environmentally
sensitive land was purchased in partnership with -Florida Communities . Trust (FCT) or is leased
from the State. Both FCT and the State require specific land management practices in order to
meet the requirements of the grans. One required land management practice is exotic vegetation
removal.
The management of exotic vegetation frequently requires the physical removal of trees and
shrubs. ERD's current practice is to cut the exotic vegetation, spray with herbicides and leave on
site. This practice works for small areas; however, for larger areas it creates unsightly piles of
dead vegetation which are a fire hazard. Therefore, ERD is requesting BOCC permission to
purchase a wood chipper in the amount of $2,549.00 which will be used to eliminate large piles of
vegetative debris, create mulch for trails and reduce the fire hazard. Funding will come from
ERD's capital budget.
Recommendation:
Board authorization for the purchase of a wood chipper, Equipment Request Number 10-039, as
outlined in the agenda memorandum.
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010
DEPARTMENT: Environmental Resources RECOMMENDED:
X
YES
NO
REVISED
DIVISION: Regulations & Lands APPROVED:
YES
NO
REVISED
EQUIPMENT: Wood Chipper ADDITIONAL COST
BUDGET AMOUNT: $2,549
X
NEW
REPLACEMENT
YES
X
NO
JUSTIFICATION:
The Environmental Resources Department (ERD) manages over 7,000 acres of environmentally sensitive
lands; most of which were purchased with grants from the state of Florida. The State requires specific land
management practices in order to meet granting obligations such as exotic vegetation removal, public access
and monitoring. The management of public access trails and exotic vegetation frequently requires physical
removal of trees and other brush. ERD's current practice is to trim trails, cut the exotic vegetation, spray
with herbicides and leave on site. Over time, this practice leaves piles of dead vegetation which are unsightly
and could create a hazard to the public. Hauling the debris off -site is costly and not an effecient use of staff
time. Therefore, ERD is requesting the BOCC approve a budget amendment to purchase a wood chipper in
the amount of $2,549.00. The chipper will be used to create natural mulch for trails which will reduce the
need for herbicides and improve the appearance of the preserves.
ADDITIONAL COSTS:
EQUIPMENT REQ#: EQ10-39
ACCOUNT#: 316-3920-564000-3104
w
rUNTY
14 7�-
"�:
F
L
O
R[
D A
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Public Safety & Communications
AT&T Contract Service Arrangement Agreement
See attached memorandum.
Various department communications budgets
ITEM NO. VI-H
DATE: 08/17/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
PRESENTED BY:
Jack T. Southard
Public Safety & Comm. Director
May 23, 2006 — BOCC approval of BellSouth Master Service Agreement for 48
months.
RECOMMENDATION: Board approval of the AT&T Contract Service Arrangement Agreement and
authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION: CONCURRENCE:
(>0 APPROVED ( ) DENIED
( ) OTHER �}
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
County Attorney ( X )
Z�
Originating Dept. ( )
Dan McIntyre
(Name)
Coordination/Signatures
OMB Director
Budget Analyst
(X)
atty Marston
Marie Gouin
(X)
Melis a Simberfand
Zift-
Public Safety & Communications
�COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Jack T. Southard
Public Safety & Communications Dire
DATE: August 17, 2010
SUBJECT: AT&T Contract Service Arrangement Agreement
ITEM NO. VI-H
Background:
The AT&T Contract Service Arrangement Agreement will provide reduced communications costs of
$9,977.35/month for services that the Board of County Commissioners and Constitutional Officers use,
such as phone lines, Centrex lines, and data lines (T-1 lines, PRI lines, Metro Ethernet, etc.). The new
agreement also provides additional savings by offering competitive pricing and reduced tariffs.
The new rate structure provided in the agreement will be retroactive to May 1, 2010 for further savings.
Recommendation:
Board approval of the AT&T Contract Service Arrangement Agreement and authorization for the
Chairman to sign documents as approved by the County Attorney.
Contract Service Arrangement Agreement
Case Number FL10-1785-03
This Contract Service Arrangement (CSA) ;agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc. d/h/a AT&T Southeast, ("Company") and St Lucie County ("Customer" or
"Subscriber"). This Agreement is based upon the following terms and conditions as well as any Attachment(s)
affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein.
I. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service
described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in
this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon
Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the
terms and conditions contained herein, this Agreement shall become effective upon execution by both parties.
For purposes of the determination of any service period stated herein, said service period shall commence the
date upon which installation of the service is completed.
2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of
the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional
tariffed services that are ordered by Subscriber.
This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies'
lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services
Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said
tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the
provision of this service. Except for the expressed rates, charges, terms and conditions herein and except as
otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and
conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall
control.
4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation.
Should such regulatory approval be denied, after a proper request by Company, tills Agreement shall be null,
void, and of no effect.zn
5. if Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution
of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the
implementation of this Agreement prior to receipt of written notice of cancellation by Company.
Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work
in the implementation of this Agreement had been completed by Company.
6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to
Company by the Subscriber, including but not limited to forecasts of growth. If SO, Subscriber agrees to be
bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service
requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs
associated with its failure to meet its projected service requirements.
7. (a) If Subscriber cancels this Agreement or a Service provided pursuant to this A;reement at any time prior to
the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all
termination char2es. Unless otherwise specified by the tariff or stated elsewhere in this Agreement,
Page 1 of 31
AT&T and Customer Confidential Information
at&t
Contract Service Arrangement Agreement
Case Number FL10-1785-03
termination charges are defined as fifty percent (50(-) of the recurring charges due or remaining as a result of
the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and
Lilly nonrecurring charges that were not applied upon installation as set forth in this Agreement.
(b) Subscriber further acknowledges that it has options for its telecommunications services from providers
other than Company and that it has chosen Company to provide the services in this Agreement. Accordingly,
if Subscriber assigns this Agreement to a certified reseller of Company local services and the reseller executes
a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed
termination charges. However, Subscriber agrees that in the event it fails to meet its obligations under this
Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain
services from a facilities based service provider or a service provider that utilizes unbundled network
elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement.
8. This Agreement shall be construed in accordance with the laws of the state applicable to the Service provided
hereunder.
9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall
be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail,
postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may
change the name and address to whom all notices or other documents required under this Agreement must be
sent at any time by giving written notice to the other party.
Company
BellSouth Telecommunications, inc.d/b/a AT&T Southeast
Assistant Vice President
701 Northpoint Pkwy., #400
Nest Palm Beach, FL 33407-
Subscriber
St Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982-
10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent
of Company and only pursuant to the conditions contained in the appropriate tariff.
11. In the event that one or more of the provisions contained in this Agreement or incorporated within by
reference shall he invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory
requirement or rule of law, then such provisions shall be considered inoperative to the extent of such
invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and
effect.
12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order
acceptance, if it is determined that: (1) the initial credit approval was based on inaccurate or incomplete
Information, or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion
Page 2 of 31
AT&T and Customer Confidential Information
aw
Contract Service Arrangement Agreement
Case Number FL10-1785-03
reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate
credit approval requirements are established and accepted by Customer.
13. Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement
is deregulated or de-tariffed by operation of law, regulation, or otherwise, all references in this Agreement to
"BellSouth General Subscriber Services Tariff", "BellSouth tariffs", "BellSouth's lawfully filed tariffs", or
any other reference to BellSouth's tariffs on file with the Public Service Commissioner(s) of the applicable
state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service
Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found
at www.att.com/servicepublications, all incorporated herein by reference as if fully included herein.
Customer agrees such deregulated or de-tariffed Service shall be provided in accordance with the terms and
conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or
states and the BellSouth Service Agreement found at the link above. To the extent there exist any
discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those
incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern.
14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by
its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at
www.att.con>/servicepublications, as applicable. Customer further agrees that this Agreement and any
attachments hereto, constitute the complete and exclusive statement of the agreement between the parties,
superseding all proposals, representations, and/or prior agreements, oral or written, between the parties
relating to the subject matter of the Agreement. This Agreement is not binding upon Company until executed
by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be
modified, amended, or superseded other than by a written instrument executed by both parties. The
undersigned warrant and represent that they have the authority to bind Customer and Company to this
Agreement.
Page 3 of 31
AT&T and Customer Confidential Information
aw
Contract Service Arrangement Agreement
Case Number FL10-1785-03
Option 1 of 1
Offer Expiration: This offer shall expire on: 1 1/6/2010.
Estimated service interval following acceptance date: Negotiable weeks.
Service description:
This Contract Service Arrangement (CSA) provides BellSouth® Metro Ethernet service, Analog Private Line
service, Bill Management Service, Remote Call Forwarding, BellSouth a CrisisLinksM service, Business Lines as
part of Basic Local Exchange Service, MegaLink@ service, and BellSouth® Primary Rate ISDN - Voice/Data
(Standard) service and BellSouth a Centrex service served from a 5ESS central office.
The Agreement is for forty-eight (48) months.
This Agreement supersedes the following Agreements: FL08-7482-01, FL07-E369-01, FL05-J280-00; FL06-
7581-01, FL08-8359-02, FL06-H767-01; FL07-F565-00; and FL08-6502-03. Waiver of early termination
charges contingent upon Customer fulfilling the term under this agreement.
Under this Agreement, the service may only be purchased by Customers whose traffic on this service will be at
least 909c intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting
such service under this Agreement, Customer is representing to the Company that its traffic on the service will be
at least 90% intrastate.
Customer understands and agrees that Company is relying upon Customer's representations concerning the proper
jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has
the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust
the rates and terms accordingly, should the Company determine that the jurisdictional nature of the circuit or
service is different than what the Customer represented. Customer agrees to hold the Company harmless, and to
indemnify and defend the Company from any and all claims that may result from the Company's conversion of
any circuit or service to the correct jurisdiction, based on any good faith effort to comply with applicable
regulatory requirements.
This Agreement shall be extended for additional one-year terms under the same terms and conditions herein
unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to
the expiration of the initial term or each additional one-year term.
Page 4 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement
Case Number FL10-1785-03
Option 1 of 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by theirduly authorized
representatives on the dates set forth below.
Accepted by:
Subscriber:
St Lucie County
By:
Authorized Signature
Printed Name:
Title
Date
Company:
BellSouth Telec munications, Inc /b/� A &T Southeast
By: - �
Y
Authorized Signature
Printed Name:
Title:
Date:
Page 5 of 31
AT&T and Customer Confidential Information
at&t
Contract Service Arrangement Agreement
RATES AND CHARGES
Case Number FL10-1785-03
Option 1 of 1
Rate Elements
Non-
Monthly Rate
USOC
Recurring
1
Metro Ethernet Reporting Charge, per connection
$.00
$.00
CNMME
2
Metro Ethernet Reporting Security card, each
$.00
$.00
CNMSC
3
Metro Ethernet Reporting, Service Establishment Charge, per
$.00
$.00
CNMME
customer account
4
Metro Ethernet Web Interface Charge, first
$.00
$.00
CNMWF
5
BellSouth@ Metro Ethernet Service, 10 Mbps Basic Connection,
$.00
$500.00
MTEBA
per connection
6
BellSouth@ Metro Ethernet Service, 100 Mbps Basic Connection,
$.00
$1,025.00
MTEBB
per connection
7
BellSouth@ Metro Ethernet Service, 10 Mbps Premium
$.00
$702.00
MTEE3
Connection, per connection, Burst Mode
8
BellSouth@ Metro Ethernet Service, 20 Mbps Premium
$.00
$793.00
MTEE4
Connection, per connection, Burst Mode
9
BellSouth@ Metro Ethernet Service, 50 Mbps Premium
$.00
$962.00
MTEE5
Connection, per connection, Burst Mode
10
BellSouth@ Metro Ethernet Service, 100 Mbps Premium
$.00
$1,261.00
MTEE6
Connection, .per connection, Burst Mode
11
BellSouth@ Metro Ethernet Service, 250 Mbps Premium
$.00
$1,514.50
MTEE7
Connection, per connection, Burst Mode
12
BellSouth@ Metro Ethernet Service, 500 Mbps Premium
$.00
$1,930.50
MTEE8
Connection, per connection, Burst Mode
13
BellSouth@ Metro Ethernet Service, Premium Service
$.00
$436.00
MTEPO
Arrangement, 2 Mbps Premium Connection, per connection
14
BellSouth@ Metro Ethernet Service, Premium Service
$.00
$472.00
MTEP1
Arrangement, 4 Mbps Premium Connection, per connection
15
BellSouth@ Metro Ethernet Service, Premium Service
$.00
$512.00
MTEP2
Arrangement, 8 Mbps Premium Connection, per connection
16
BellSouth@ Metro Ethernet Service, 10 Mbps Premium
$.00
$585.00
MTEP3
Connection, per connection, Fixed Mode
17
BellSouthO Metro Ethernet Service, 20 Mbps Premium
$.00
$745.00
MTEP4
Connection, per connection, Fixed Mode
18
BellSouth& Metro Ethernet Service, 50Mbps Premium
$.00
$871.00
MTEP5
Connection, per connection, Fixed Mode
19
BellSouth@ Metro Ethernet Service, 100 Mbps Premium
$.00
$1,170.00
MTEP6
Connection, per connection, Fixed Mode
Page 6 of 31
AT&T and Customer Confidential Information
S:=:�;: 3t&t
Contract Service Arrangement Agreement
Case Number FL10-1785-03
RATES AND CHARGES
Option 1 of 1
Rate Elements Non- Monthly Rate LISOC
Recurring
20
BellSouth® Metro Ethernet Service, 250 Mbps Premium
$.00
$1,319.50
MTEP7
Connection, per connection, Fixed Mode
21
BellSouth@ Metro Ethernet Service, 500 Mbps Premium
$.00
$1,850.00
MTEP8
Connection, per connection, Fixed Mode
22
BellSouth® Metro Ethernet Service, 1000 Mbps Premium
$.00
$2,509.00
MTEPT
Connection, per connection, Fixed
23
BellSouth Metro Ethernet Service Additional Mileage, BellSouth
$.00
$250.00
MTEMA
Metro Ethernet Service arrangements greater than 10 through 25
airline miles, per 10 through 99 Mbps Connection
24
BellSouth® Metro Ethernet Service, Priority Plus Feature, per
$.00
$72.00
MTETP
connection
25
Interoffice channel mileage voice grade service, series 2000, 1-8
$.00
$7.30
3LBBS
Miles, per mile
26
Interoffice channel mileage voice grade service, series 2000, 1-8
$.00
$132.60
Miles, fixed monthly
(Like 3LBBS)
27
IntraLATA Private Line Service, Voice Grade Bridge, Four -Wire
$.00
$20.00
Bog
(Type 2435)
28
IntraLATA Private Line Service, Voice Grade Bridge, Four -Wire
$.00
$20.00
(Type 2463 and 2464)
(Like BO9)
29
IntraLATA Private Line Service, Voice Grade Bridge, Two -Wire
$.00
$20.00
(Type 2230)
(Like 809)
30
Local Channels, Voice Grade, Per point of termination, Voice,
$.00
$100.00
P2JUX
Type 2230, first
31
Local Channels, Voice Grade, Per point of termination, Voice,
$.00
$100.00
Type 2230, additional
(Like P2JUX)
32
Local Channels IntraLATA Private Line Voice Grade, Type 2435,
$.00
$150.00
P2JWX
first
33
Local Channels IntraLATA Private Line Voice Grade, Type 2435,
$.00
$150.00
additional
(Like P2JWX)
34
Signaling Arrangements, Per local channel, Ringdown-Automatic,
$.00
$23.00
SL5
each
Page 7 of 31
AT&T and Customer Confidential Information
aW
Contract Service Arrangement Agreement
Case Number
FL10-1785-03
Option 1 of 1
RATES AND CHARGES
Rate Elements
Non-
Monthly Rate
LISOC
Recurring
35
BellSouth@ Primary Rate ISDN, Interoffice Channel, each
$.00
$50.00
1 LN1A
channel, Fixed
36
BellSouth@ Primary Rate ISDN, Interoffice Channel, each
$.00
$10.00
1 LN1 B
channel, Each airline mile or fraction thereof
37
MemoryCall Annc 6 Minutes
$.00
$26.95
CCRA6
38
MemoryCall Voice Mail Flat Rate
$.00
$4.00
MBBBF
39
MemoryCall Deluxe Econo VMS 90Min/Addl Min $.06
$.00
$6.31
VMCXX
40
BellSouth@ CrisisLink(SM) service,
$.00
$65.00
CLSEX
Per subscriber location
-First plan
41
BellSouth@ CrisisLink(SM) service,
$.00
$5.00
CLSTA
Redirected Number
-Each additional Redirected Number
42
Flat Rate Service,
$.00
$23.00
MFB
Business Service,
Multi -line Exchange Access Line,
All Rate Groups
-Per line
(The Multi -line Exchange Access Line rate applies per line to
subscribers with more than one exchange access line.)
43
Flat Rate Service,
$.00
$23.00
MFBCL
Business Service -Caller ID compatible,
Multi -line Exchange Access Line,
All Rate Groups
-Per line
(The Multi -line Exchange Access Line rate applies per line to
subscribers with more than one exchange access line.)
(Caller ID feature must be ordered separately.)
44
Rotary Service,
$.00
$.00
HTG
Flat Rate Lines, PBX Trunks and NABS,
Business,
All Rate Groups
-Per line, PBX Trunk or NAR made rotary
45
Custom Calling Services,
$.00
$.00
ESM
Business/Business PBX,
Non -Packages,
Call Forwarding Variable
-Per central office per line/trunk equipped
Page 8 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement
RATES AND CHARGES
Rate Elements
46 Custom Calling Services,
Business/Business PBX,
Non -Packages,
Call Waiting
-Per central office per line/trunk equipped
47 BellSouth TouchStarO service,
Business,
Caller ID -Basic
-Per line
48 MegaLink@ service, Digital Local Channel, first 1/2 mile
49 MegaLink@ service, Digital Local Channel, each additional 1/2
mile
50 Interoffice Channel, each channel 9-25 miles, fixed component
51 Interoffice Channel, each channel 9-25 miles, each airline mile or
fraction thereof
52 Clear channel capability, extended superframe format, at initial
installation
53 MegaLink@ Service Establishment Charge, per entire
MegaLink@
54 MegaLink@ service, premises visit, per visit
55 BellSouth@ Primary Rate ISDN,
Access Line, -Each
(Provisioning)
56 BellSouthO Primary Rate ISDN,
Interface, -Each
- Voice/Data (Standard)
(Provisioning)
57 BellSouth@ Primary Rate ISDN,
B-Channel, -Each
- Voice/Data (Standard)
(Provisioning)
58 BellSouthO Primary Rate ISDN,
Calling Name Delivery Feature,
Per Primary Rate Interface
59 Flat Rate Primary Rate ISDN (1-1LD1E,1-PR71V,23-PR76V)
60 Bill Mgmt-Standard Software Package and Support, 1 User
Case Number FL10-1785-03
Option 1 of 1
Non- Monthly Rate LISOC
Recurring
Page 9 of 31
AT&T and Customer Confidential Information
$.00 $.00 ESX
$.00 $.00 NSD
$.00
$63.75
1 LDPZ
$.00
$10.00
1 LDPA
$.00
$52.00
1 LN02
$.00
$10.50
1 LNOB
$.00
$.00
CCOEF
$.00
$.00
MGLSE
$.00
$.00
MGLPV
$.00
$.00
1 LD1 E
$.00
$.00
PR71 V
$.00 $.00 PR713V
$.00 $.00 PR7CN
$.00 $500.00 WDDKR
$.00 $.00 BWBSL
at&t
Contract Service Arrangement Agreement
RATES AND CHARGES
Rate Elements
61 Remote Call Forwarding,
Per Additional Access Facility,
each
62 Remote Call Forwarding,
per feature and one access path,
measured local RCF,
each
63 Remote Call Forwarding,
per feature and one access path,
Intrastate IntraLATA,
each
64 BellSouthO Centrex service, Payment
Plan 5, Standard common equipment, each
65 BellSouth@ Centrex service, Payment
Plan 5, Common equipment customized by the Company at the
subscriber's request, each
66 BellSouth@ Centrex service, Standard Features, per station line,
each
67 BellSouth& Centrex service, BellSouth@ Centrex Control, Per
Line, Initial Setup, each station line, Company provisioned,
subscriber provisioned, or converted from ECAS, DECAS, or
Customer Control
68 BellSouthO Centrex service, Payment
Plan 5, Station Links, Flat Rate, each
69 BellSouth@ Centrex service, Payment
Plan 5, Station Links for 800 Service Termination, Flat Rate,
each
70 BellSouth@ Centrex service, Payment
Plan 5, Station Links Equipped with Caller ID, Flat Rate, each
71 BellSouthO Centrex service, Payment
Plan 5, Station Links for Provision in a Different Serving Wire
Center, Flat Rate, each
72 BellSouth@ Centrex service, Payment
Plan 5, Station Links for Provision in a Different Serving Wire
Center for 800 service Termination, Flat Rate, each
73 BellSouthO Centrex service, Payment
Plan 5, Station Links Termination on MegaLink@ service,
LightGateO service, or Equivalent Services, Flat Rate, each
Case Number FL10-1785-03
Option 1 of 1
Non- Monthly Rate USOC
Recurring
$.00 $15.00 RCA
Page 10 of 31
AT&T and Customer Confidential Information
$.00 $15.00 RCFVF
$.00
$15.00
RCFVS
$.00
$925.00
M1 ACS
$.00
$925.00
M1 ACC
$.00
$3.00
CENAA
$.00
$3.00
CENCA
$.00
$8.41
M4LFA
$.00
$8.41
M4LFB
$.00
$8.41
M4LFH
$.00
$8.41
M4LFM
$.00
$8.41
M4LFZ
$.00
$.00
M4LF9
al&t
Contract Service Arrangement Agreement
Case Number FL10-1785-03
RATES AND CHARGES
Option 1 of 1
Rate Elements
Non- Monthly Rate USOC
Recurring
74
BellSouthO Centrex service, Payment
$.00 $.00 M4LF2
Plan 5, Station Links Termination on MegaLink@ service,
LightGateO service, or Equivalent Services for 800 service
Termination, Flat Rate, each
75
BellSouth@ Centrex service, Payment
$.00 $8.41 M1 FNX
Plan 5, Bridged Links, located on different premises from station
link on non -continuous property, each
76
BellSouthO Centrex service, Payment
$.00 $8.41 M1 FCX
Plan 5, Bridged Links, located on different premises from station
link on same continuous property, each
77
BellSouth@ Centrex service, Payment
$.00 $8.41 M1 FEX
Plan 5, Extended Bridged Links, extended to different premises,
different serving wire center, each
78
BellSouth@ Centrex service, Interoffice Channels, Per Non-ISDN
$.00 $28.50 M1 GBC
service channel, each
79
BellSouth@ Centrex service, Interoffice Channels, Per Non-ISDN
$.00 $1.92 M1 GBM
service channel, per mile
80
Bellsouth@ Primary Rate ISDN Non -Distance Sensitive Mileage
$.00 $120.00 1 LD1 E
81
BellSouth@ Primary Rate ISDN, Interoffice Channel, each
$.00 $50.00 1LN1A
channel, Fixed
82
BellSouth@ Primary Rate ISDN, Interoffice Channel, each
$.00 $10.00 1 LN1 B
channel, Each airline mile or fraction thereof
83
BellSouth@ Centrex service, Primary Rate ISDN (PRI) Interface
$.00 $300.00 PR74X
(DMS-100, 5ESS), Per interface for connection to Customer
premises equipment, each
84
BellSouth@ Centrex service, BellSouth@ Centrex service PRI
$.00 $0.15 PR7NA
telephone number, each
85
BellSouth@ Centrex ISDN service, Payment Plan 5, ISDN Basic
$.00 $37.00 LTU1 X
Rate Digital Subscriber Line (DSL) Access Capability Charges,
Basic Rate DSL Access Arrangement, Two -wire interface, Per
DSL, low volume-5ESS/DMS
86
BellSouth@ Centrex ISDN service, Payment Plan 5, ISDN Basic
$.00 $3.75 LTQ8X
Rate Digital Subscriber Line (DSL) Access Capability Charges, B
Channels Activated (Maximum of 2), Alternate Voice and Data -
For use with Flat Rate BellSouthO Centrex ISDN Service, Circuit
Switched Voice/Data (5ESS/DMS)
87
Assigned Telephone Numbers without Facilities, Centrex Type
$.00 $0.10 ATNCS
Services, per Telephone Number Assigned
Page 11 of 31
AT&T and Customer Confidential Information
aW
Contract Service Arrangement Agreement
Case Number FL10-1785-03
Option 1 of 1
RATES AND CHARGES
Rate Elements
Non-
Monthly Rate
USOC
Recurring
88 BellSouth@ Centrex service, Network Access Register (NAR)
$.00
$11.00
M9QCX
Package, per NAR, Both -way, Flat Rate
89 BellSouthO Centrex service, Network Access Register (NAR)
$.00
$11.00
M9Q1 X
Package, per NAR, One-way Inward, Flat Rate
90 BellSouth@ Centrex service, Network Access Register (NAR)
$.00
$11.00
M90OX
Package, per NAR, One-way Outward, Flat Rate
91 Grouping Service, Business, per NAR made rotary
$.00
$.00
HTG
Page 12 of 31
AT&T and Customer Confidential Information
0t&t
Contract Service Arrangement Agreement
Case Number FL10-2238-02
RATES
AND CHARGES
Option 1 of 1
Rate Elements
Non- Monthly Rate USOC
Recurring
1
BellSouth@ Centrex service, Payment
$.00 $35.00 M1 ACS
Plan 2, Standard common equipment, each
2
BellSouth@ Centrex service, Payment
$.00 $35.00 M1 ACC
Plan 2, Common equipment customized by the Company at the
subscriber's request, each
3
BellSouth@ Centrex service, BellSouth@ Centrex Control, Service
$.00 $.00 CCXEN
Establishment, Initial setup, per system
4
BellSouth@ Centrex service, Standard Features, per station line,
$.00 $.00 CENAA
each
5
BellSouth@ Centrex service, BellSouthO Centrex Control, Per
$.00 $3.00 CENCA
Line, Initial Setup, each station line, Company provisioned,
subscriber provisioned, or converted from ECAS, DECAS, or
Customer Control
6
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFA
Plan 2, Station Links, Flat Rate, each
7
BellSouthO Centrex service, Payment
$.00 $13.06 M4LFB
Plan 2, Station Links for 800 Service Termination, Flat Rate,
each
8
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFC
Plan 2, Station Links Terminated on Electronic Business
Sets/PSET (DMS-100 only), Flat Rate, each
9
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFD
Plan 2, Station Links Terminated on Electronic Business
Sets/M5009 (DMS-100 only), Flat Rate, each
10
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFE
Plan 2, Station Links Terminated on Electronic Business
Sets/M5209 (DMS-100 only), Flat Rate, each
11
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFF
Plan 2, Station Links Terminated on Electronic Business
Sets/M5112 (DMS-100 only), Flat Rate, each
12
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFG
Plan 2, Station Links Terminated on Electronic Business
Sets/M5312 (DMS-100 only), Flat Rate, each
13
BellSouth@ Centrex service, Payment
$.00 $13.06 M4LFT
Plan 2, Station Links Terminated on Electronic Business
Sets/M5008 (DMS-100 only), Flat Rate, each
14
BellSouthO Centrex service, Payment
$.00 $13.06 M4LFU
Plan 2, Station Links Terminated on Electronic Business
Sets/M5208 (DMS-100 only), Flat Rate, each
Page 13 of 31
AT&T and Customer Confidential Information
at&t
Contract Service Arrangement Agreement
RATES AND CHARGES
Rate Elements
15 BellSouth@ Centrex service, Payment
Plan 2, Station Links Terminated on Electronic Business
Sets/M5216 (DMS-100 only), Flat Rate, each
16 BellSouth@ Centrex service, Payment
Plan 2, Station Links Terminated on Electronic Business
Sets/M5316 (DMS-100 only), Flat Rate, each
17 BellSouth@ Centrex service, Payment
Plan 2, Station Links Equipped with Caller ID, Flat Rate, each
18 BellSouth@ Centrex service, Payment
Plan 2, Station Links Equipped with Caller ID and Message
Waiting Lamp Indication (DMS-100 only), Flat Rate, each
19 BellSouth@ Centrex service, Payment
Plan 2, Station Links Equipped for Message Waiting Lamp
Indication (DMS-100 only), Flat Rate, each
20 BellSouthO Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center, Flat Rate, each
21 BellSouth@ Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/PSET (DMS-100 only), Flat
Rate, each
22 BellSouthO Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5009 (DMS-100 only), Flat
Rate, each
23 BellSouth@ Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5209 (DMS-100 only), Flat
Rate, each
24 BellSouth@ Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5112 (DMS-100 only), Flat
Rate, each
25 BellSouth@ Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5312 (DMS-100 only), Flat
Rate, each
26 BellSouth@ Centrex service, Payment
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5008 (DMS-100 only), Flat
Rate, each
Case Number FL10-2238-02
Option 1 of 1
Non-
Monthly Rate
LISOC
Recurring
$.00
$13.06
M4LFV
$.00
$13.06
M4LF3
$.00
$13.06
M4LFH
$.00
$13.06
M4LFW
$.00
$13.06
M4LFJ
$.00
$13.06
M4LFM
$.00
$13.06
M4LFO
Page 14 of 31
AT&T and Customer Confidential Information
$.00 $13.06 M4LFP
$.00 $13.06 M4LFQ
$.00 $13.06 M4LFR
$.00 $13.06 M4LFS
$.00 $13.06 M4LF4
RATES AND CHARGES
Rate Elements
Contract Service Arrangement Agreement
Case Number FL10-2238-02
Option 1 of 1
Non- Monthly Rate USOC
Recurring
27
BellSouth® Centrex service, Payment
$.00 $13.06 M4LF5
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5208 (DMS-100 only), Flat
Rate, each
28
BellSouth® Centrex service, Payment
$.00 $13.06 M4LF6
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5216 (DMS-100 only), Flat
Rate, each
29
BellSouth® Centrex service, Payment
$.00 $13.06 M4LF7
Plan 2, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5316 (DMS-100 only), Flat
Rate, each
30
BellSouth® Centrex service, Payment
$.00 $13.06 M4LFZ
Plan 2, Station Links for Provision in a Different Serving Wire
Center for 800 service Termination, Flat Rate, each
31
BellSouth® Centrex service, Payment
$.00 $.00 M4LF9
Plan 2, Station Links Termination on MegaLink® service,
LightGate® service, or Equivalent Services, Flat Rate, each
32
BellSouth® Centrex service, Payment
$.00 $.00 M4LF2
Plan 2, Station Links Termination on MegaLink® service,
LightGate® service, or Equivalent Services for 800 service
Termination, Flat Rate, each
33
BellSouth® Centrex service, Payment
$.00 $13.06 M1 FNX
Plan 2, Bridged Links, located on different premises from station
link on non -continuous property, each
34
BellSouth® Centrex service, Payment
$.00 $13.06 M1 FCX
Plan 2, Bridged Links, located on different premises from station
link on same continuous property, each
35
BellSouth® Centrex service, Payment
$.00 $13.06 M1 FEX
Plan 2, Extended Bridged Links, extended to different premises,
different serving wire center, each
36
Assigned Telephone Numbers without Facilities, Centrex Type
$.00 $0.10 ATNCS
Services, per Telephone Number Assigned
37
BellSouth® Centrex service, Network Access Register (NAR)
$.00 $11.00 M9OCX
Package, per NAR, Both -way, Flat Rate
38
BellSouth® Centrex service, Network Access Register (NAR)
$.00 $11.00 M9O1 X
Package, per NAR, One-way Inward, Flat Rate
39
BellSouth® Centrex service, Network Access Register (NAR)
$.00 $11.00 M9OOX
Package, per NAR, One-way Outward, Flat Rate
40
Grouping Service, Business. per NAR made rotary
$.00 S.00 HTG
Page 15 of 31
AT&T and Customer Confidential Information
RATES AND CHARGES
Rate Elements
Contract Service Arrangement Agreement
Case Number FL10-2238-02
Option 1 of 1
Non- Monthly Rate USOC
Recurring
41
MemoryCall Announcement - 6 Minutes
$.00
$29.95
CCRA6
42
MemoryCall Voice Mail Flat Rate
$.00
$12.95
MBBBF
43
MemoryCall Deluxe Econo VMS 90Min/Addl Min $.06
$.00
$9.95
VMCXX
Page 16 of 31
AT&T and Customer Confidential Information
at&t
Contract Service Arrangement Agreement
Case Number FL10-2240-02
RATES AND CHARGES
Option 1 of 1
Rate Elements
Non- Monthly Rate USOC
Recurring
1
BellSouth@ Centrex service, Payment
Plan 3, Standard common equipment, each
$.00 $170.00 M1ACS
2
BellSouth@ Centrex service, Payment
Plan 3, Common equipment customized by the Company the
$.00 $170.00 MIACC
at
subscriber's request, each
3
BellSouthO Centrex service, Standard Features, per station line,
$.00 $3.00 CENAA
each
4
BellSouth@ Centrex service, Payment
Plan 3, Station Links, Flat Rate, each
$.00 $10.30 M4LFA
5
BellSouth@ Centrex service, Payment
$.00 $10.30
Plan 3, Station Links for 800 Service Termination, Flat Rate,
M4LFB
each
6
BellSouth@ Centrex service, Payment
$.00 $10.30
Plan 3, Station Links Terminated on Electronic Business
M4LFC
Sets/PSET (DMS-100 only), Flat Rate, each
7
BellSouth@ Centrex service, Payment
$.00 $10.30 M4LFD
Plan 3, Station Links Terminated on Electronic Business
Sets/M5009 (DMS-100 only), Flat Rate, each
8
BellSouth@ Centrex service, Payment
$.00 $10.30
Plan 3, Station Links Terminated on Electronic Business
M4LFE
Sets/M5209 (DMS-100 only), Flat Rate, each
9
BellSouth@ Centrex service, Payment
$.00 $10.30
Plan 3, Station Links Terminated on Electronic Business
M4LFF
Sets/M5112 (DMS-100 only), Flat Rate, each
10
BellSouthO Centrex service, Payment
$.00 $10.30 M4LFG
Plan 3, Station Links Terminated on Electronic Business
Sets/M5312 (DMS-100 only), Flat Rate, each
11
BellSouth@ Centrex service, Payment
$.00 $10.30 M4LFT
Plan 3, Station Links Terminated on Electronic Business
Sets/M5008 (DMS-100 only), Flat Rate, each
12
BellSouth@ Centrex service, Payment
$.00 $10.30
Plan 3, Station Links Terminated on Electronic Business
M4LFU
Sets/M5208 (DMS-100 only), Flat Rate, each
13
BellSouthO Centrex service, Payment
$.00 $10.30
Plan 3, Station Links Terminated on Electronic Business
M4LFV
Sets/M5216 (DMS-100 only), Flat Rate, each
14
BellSouth® Centrex service, Payment
$.00 $10.30
Plan 3, Station Links Terminated on Electronic Business
M4LF3
Sets/M5316 (DMS-100 only), Flat Rate, each
Page 17 of 31
AT&T and Customer Confidential Information
:: dt&t
Contract Service Arrangement Agreement
RATES AND CHARGES
Rate Elements
15 BellSouth@ Centrex service, Payment
Plan 3, Station Links Equipped with Caller ID, Flat Rate, each
16 BellSouth@ Centrex service, Payment
Plan 3, Station Links Equipped with Caller ID and Message
Waiting Lamp Indication (DMS-100 only), Flat Rate, each
17 BellSouth@ Centrex service, Payment
Plan 3, Station Links Equipped for Message Waiting Lamp
Indication (DMS-100 only), Flat Rate, each
18 BellSouth@ Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center, Flat Rate, each
19 BellSouthO Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/PSET (DMS-100 only), Flat
Rate, each
20 BellSouth@ Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5009 (DMS-100 only), Flat
Rate, each
21 BellSouth@ Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5209 (DMS-100 only), Flat
Rate, each
22 BellSouth@ Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5112 (DMS-100 only), Flat
Rate, each
23 BellSouth@ Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5312 (DMS-100 only), Flat
Rate, each
24 BellSouth@ Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5008 (DMS-100 only), Flat
Rate, each
25 BellSouth® Centrex service, Payment
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5208 (DMS-100 only), Flat
Rate, each
Case Number FL10-2240-02
Option 1 of 1
Non- Monthly Rate LISOC
Recurring
Page 18 of 31
AT&T and Customer Confidential Information
$.00 $10.30 M4LFH
$.00 $10.30 M4LFW
$.00 $10.30 M4LFJ
$.00 $10.30 M4LFM
$.00 $10.30 M4LFO
$.00 $10.30 M4LFP
$.00 $10.30 M4LFQ
$.00 $10.30 M4LFR
$.00 $10.30 M4LFS
$.00 $10.30 M4LF4
$.00 $10.30 M4LF5
�
atat
Contract Service Arrangement Agreement
Case Number FL10-2240-02
Option 1 of 1
RATES AND CHARGES
Rate Elements
Non- Monthly Rate USOC
Recurring
26
BellSouth@ Centrex service, Payment
$.00 $10.30 M4LF6
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5216 (DMS-100 only), Flat
Rate, each
27
BellSouthO Centrex service, Payment
$.00 $10.30 M4LF7
Plan 3, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5316 (DMS-100 only), Flat
Rate, each
28
BellSouth@ Centrex service, Payment
$.00 $10.30 M4LFZ
Plan 3, Station Links for Provision in a Different Serving Wire
Center for 800 service Termination, Flat Rate, each
29
BellSouth@ Centrex service, Payment
$.00 $.00 M4LF9
Plan 3, Station Links Termination on MegaLinkO service,
LightGateO service, or Equivalent Services, Flat Rate, each
30
BellSouth@ Centrex service, Payment
$.00 $.00 M4LF2
Plan 3, Station Links Termination on MegaLink& service,
LightGate& service, or Equivalent Services for 800 service
Termination, Flat Rate, each
31
BellSouth@ Centrex service, Payment
$.00 $10.30 M1 FNX
Plan 3, Bridged Links, located on different premises from station
link on non -continuous property, each
32
BellSouth@ Centrex service, Payment
$.00 $10.30 M1 FCX
Plan 3, Bridged Links, located on different premises from station
link on same continuous property, each
33
BellSouth@ Centrex service, Payment
$.00 $10.30 M1 FEX
Plan 3, Extended Bridged Links, extended to different premises,
different serving wire center, each
34
BellSouth@ Centrex service, BellSouthO Centrex service PRI
$.00 $0.20 PR7NA
telephone number, each
35
Assigned Telephone Numbers without Facilities, Centrex Type
$.00 $0.10 ATNCS
Services, per Telephone Number Assigned
36
BellSouth& Centrex service, Network Access Register (NAR)
$.00 $11.00 M90CX
Package, per NAR, Both -way, Flat Rate
37
BellSouth@ Centrex service, Network Access Register (NAR)
$.00 $11.00 M901 X
Package, per NAR, One-way Inward, Flat Rate
38
BellSouthO Centrex service, Network Access Register (NAR)
$.00 $11.00 M90OX
Package, per NAR, One-way Outward, Flat Rate
39
Grouping Service, Business, per NAR made rotary
$.00 $.00 HTG
40
MemoryCall Announcement 6 Minutes
$.00 $29.95 CCRA6
Page 19 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement
Case Number FL10-2240-02
Option 1 of 1
RATES AND CHARGES
Rate Elements Non- Monthly Rate USOC
Recurring
41 MemoryCall Voice Mail Flat Rate $.00 $4.00 MBBBF
42 MemoryCall Deluxe Econo VMS 90Min/Addl Min $.06 $.00 $9.95 VMCXX
Page 20 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement
RATES AND CHARGES
Rate Elements
1 BellSouth@ Centrex service, Payment
Plan 4, Standard common equipment, each
2 BellSouthO Centrex service, Payment
Plan 4, Common equipment customized by the Company at the
subscriber's request, each
3 BellSouth@ Centrex service, BellSouth@ Centrex Control, Service
Establishment, Initial setup, per system
4 BellSouth@ Centrex service, Standard Features, per station line,
each
5 BellSouthO Centrex service, BellSouth@ Centrex Control, Per
Line, Initial Setup, each station line, Company provisioned,
subscriber provisioned, or converted from ECAS, DECAS, or
Customer Control
6 BellSouth@ Centrex service, Payment
Plan 4, Station Links, Flat Rate, each
7 BellSouth@ Centrex service, Payment
Plan 4, Station Links for 800 Service Termination, Flat Rate,
each
8 BellSouth@ Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/PSET (DMS-100 only), Flat Rate, each
9 BellSouthO Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5009 (DMS-100 only), Flat Rate, each
10 BellSouth@ Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5209 (DMS-100 only), Flat Rate, each
11 BellSouth@ Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5112 (DMS-100 only), Flat Rate, each
12 BellSouth@ Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5312 (DMS-100 only), Flat Rate, each
13 BellSouth@ Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5008 (DMS-100 only), Flat Rate, each
14 BellSouth@ Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5208 (DMS-100 only), Flat Rate, each
Case Number FL10-2247-02
Option 1 of 1
Non- Monthly Rate USOC
Recurring
Page 21 of 31
AT&T and Customer Confidential Information
$.00
$405.00
M1ACS
$.00
$405.00
M1ACC
$.00
$.00
CCXEN
$.00
$.00
CENAA
$.00
$3.00
CENCA
$.00
$10.06
M4LFA
$.00
$10.06
M4LFB
$.00
$10.06
M4LFC
$.00
$10.06
M4LFD
$.00
$10.06
M4LFE
$.00
$10.06
M4LFF
$.00
$10.06
M4LFG
$.00
$10.06
M4LFT
$.00
$10.06
M4LFU
ut3t
Contract Service Arrangement Agreement Case Number FL10-2247-02
Option 1 of 1
RATES AND CHARGES
Non- Monthly Rate USOC
Rate Elements
Recurring
$.00 $10.06 M4LFV
15
BellSouth® Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5216 (DMS-100 only), Flat Rate, each
$.00 $10.06 M4LF3
16
BellSouth® Centrex service, Payment
Plan 4, Station Links Terminated on Electronic Business
Sets/M5316 (DMS-100 only), Flat Rate, each
$.00 $9.12 M4LFH
17
BellSouth® Centrex service, Payment
Plan 4, Station Links Equipped with Caller ID, Flat Rate, each
$.00 $10.06 M4LFW
18
BellSouth® Centrex service, Payment
Plan 4, Station Links Equipped with Caller ID and Message
Waiting Lamp Indication (DMS-100 only), Flat Rate, each
$.00 $10.06 M4LFJ
19
BellSouth® Centrex service, Payment
Plan 4, Station Links Equipped for Message Waiting Lamp
Indication (DMS-100 only), Flat Rate, each
$.00 $10.06 M4LFM
20
BellSouth® Centrex service, Payment
Plan 4, Station Links for Provision in a Different Serving Wire
Center, Flat Rate, each
$.00 $10.06 M4LF0
21
BellSouth® Centrex service, Payment
for Provision in a Different Serving Wire
Plan 4, Station Links
Center for Electronic Business Sets/PSET (DMS-100 only), Flat
Rate, each
$.00 $10.06 M4LFP
22
BellSouth® Centrex service, Payment
Plan 4, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5009 (DMS-100 only), Flat
Rate, each
$.00 $10.06 M4LFO
23
BellSouth® Centrex service, Payment
Plan 4, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5209 (DMS-100 only), Flat
Rate, each
$.00 $10.06 M4LFR
24
BellSouth® Centrex service, Payment
Plan 4, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5112 (DMS-100 only), Flat
Rate, each
$.00 $10.06 M4LFS
25
BellSouth® Centrex service, Payment
for Provision in a Different Serving Wire
Plan 4, Station Links
Center for Electronic Business Sets/M5312 (DMS-100 only), Flat
Rate, each
$.00 $10.06 M4LF4
26
BellSouthCentrex service, Payment
®
Plan 4, Station Links for Provision in a Different Serving Wire
Center for Electronic Business Sets/M5008 (DMS-100 only), Flat
Rate, each
Page 22 of 31
AT&T and Customer Confidential Information
at&t
Contract Service Arrangement Agreement
Case Number FL10-2247-02
Option 1 of 1
RATES AND CHARGES
USOC
Non- Monthly Rate
Rate Elements Recurring
$.00 $10.06 M4LF5
27 BellSouth@ Centrex service, Payment
in a Different Serving Wire
Plan 4, Station Links for Provision
Sets/M5208 (DMS-100 only), Flat
Center for Electronic Business
Rate, each
$.00 $10.06 M4LF6
28 BellSouth@ Centrex service, Payment
in a Different Serving Wire
Plan 4, Station Links for Provision
Sets/M5216 (DMS-100 only), Flat
Center for Electronic Business
Rate, each
$.00 $10.06 M4LF7
29 BellSouth@ Centrex service, Payment
4, Station Links for Provision in a Different Serving Wire
Plan
Center for Electronic Business Sets/M5316 (DMS-100 only), Flat
Rate, each
$.00 $10.06 M4LFZ
30 BellSouth@ Centrex service, Payment
4, Station Links for Provision in a Different Serving Wire
Plan
Center for 800 service Termination, Flat Rate, each
M4LF9
$.00 $.00
31 BellSouth@ Centrex service, Payment
4, Station Links Termination on MegaLink@ service,
Plan
LightGate@ service, or Equivalent Services, Flat Rate, each
$.00 $.00 M4LF2
32 BellSouth@ Centrex service, Payment
4, Station Links Termination on MegaLinkO service,
Plan
LightGate@ service, or Equivalent Services for 800 service
Termination, Flat Rate, each
$10.06 M1 FNX
$.00
33 BellSouth& Centrex service, Payment
4, Bridged Links, located on different premises from station
Plan
link on non -continuous property, each
M1 FCX
$.00 $10.06
34 BellSouth® Centrex service, Payment
Links, located on different premises from station
Plan 4, Bridged
continuous property, each
link on same
$.00 $10.06 M1 FEX
35 BellSouth@ Centrex service, Payment
4, Extended Bridged Links, extended to different premises,
Plan
different serving wire center, each
PR7NA
BellSouth@ Centrex service PRI
$.00 $0.15
36 BellSouth@ Centrex service,
telephone number, each
$37.00 LTU1 X
37 BellSouth® Centrex ISDN service, Payment Plan 4, ISDN Basic
Access Capability Charges,
$.00
Rate Digital Subscriber Line (DSL)
Two -wire interface, Per
Basic Rate DSL Access Arrangement,
DSL, low volume-5ESS/DMS
LT08X
38 BellSouth@ Centrex ISDN service, Payment Plan 4, ISDN Basic
Access Capability Charges, B
$.00 $3.75
Rate Digital Subscriber Line (DSL)
Activated (Maximum of 2), Alternate Voice and Data -
Channels
Flat Rate BellSouth® Centrex ISDN Service, Circuit
For use with
Switched Voice/Data (5ESS/DMS)
Page 23 of 31
AT&T and Customer Confidential Information
at&t
Contract Service Arrangement Agreement
Case Number FL10-2247-02
Option 1 of 1
RATES AND CHARGES
Rate Elements Non- Monthly Rate USOC
Recurring
39
Assigned Telephone Numbers without Facilities, Centrex Type
$.00
$0.10
ATNCS
Services, per Telephone Number Assigned
40
BellSouth® Centrex service, Network Access Register (NAR)
$.00
$9.00
M90CX
Package, per NAR, Both -way, Flat Rate
41
BellSouth® Centrex service, Network Access Register (NAR)
$.00
$9.00
M901 X
Package, per NAR, One-way Inward, Flat Rate
42
BellSouth® Centrex service, Network Access Register (NAR)
$.00
$9.00
M900X
Package, per NAR, One-way Outward, Flat Rate
43
Grouping Service, Business, per NAR made rotary
$.00
$.00
HTG
44
MemoryCall Anncouncement Service- 6 Minutes
$.00
$26.95
CCRA6
45
MemoryCall Voice Messaging Service -Flat Rate
$.00
$4.00
MBBBF
46
MemoryCall Answering Service Includes 90 Minutes Useage-
$.00
$7.95
SMBBX
Each Mailbox
47
MemoryCall Deluxe Economy Voice Messaging Service
$.00
$6.31
VMCXX
90Min/Addl Min $.06
48
BellSouth® Primary Rate ISDN Non -Distance Sensitive Mileage
$.00
$120.00
1 LD1 E
49
BellSouth® Centrex service, Primary Rate ISDN (PRI) Interface
$.00
$350.00
PR74X
(DMS-100, 5ESS), Per interface for connection to Customer
premises equipment, each
50
BellSouth® Centrex service, Primary Rate ISDN (PRI) Interface
$.00
$.00
PR7BX
(DMS-100, 5ESS), Per B channel activated, each
51
Primary Rate ISDN D-Channel
$.00
$.00
PR7EX
(Provisioning USOC)
Page 24 of 31
AT&T and Customer Confidential Information
aut
Contract Service Arrangement Agreement
RATES AND CHARGES
NOTES:
Case Number FL10-1785-03
Option 1 of 1
1. The Metro Ethernet service includes the following service' locations. The implementation of Metro Ethernet is location
specific. If facilities do not exist, special construction charges may apply.
To be determined
2. For Centrex service, Payment Plan designation is for provisioning purposes only. .
3. The CrisisLink Per Call charge of $.10 applies to each call rerouted during the time the alternate routing plan is active
4. In the event that all or any part of the Service is disconnected at Subscriber's request prior to expiration of any
selected minimum service term of greater than one month's duration, Subscriber will be required to pay an early
termination charge as stated in the terms and conditions. The provisions concerning liability for early termination
charges only shall not be applicable to Subscriber when there is in effect, as a result of action by such entity and
through a duly constituted legislative, administrative,. or executive body:
a statute;
an ordinance;
a policy directive; or
a Constitutional provision
which restricts or prohibits an additional contractual payment for early termination of a contract by any such
entity, or agency thereof, due to an unavailability of funding. When Serviceds being provided and funding to the
governmental entity for such Service becomes unavailable, Subscriber may cancel the Service without additional
payment obligation. Provided, however, that if Subscriber cancels the Service for any.reason other than the
unavailability of funds, the early termination liability -provisions. in the terms and conditions shall apply.
5. Circuits/Connections installed and billing at the time of execution of this Agreement will not incur early
termination penalties upon disconnection. Any new circuits/connections installed after execution will be required
to meet a twenty-four (24) month minimum service period before disconnecting without early termination
penalties. Customer will not be required to re -pay any NRC waived at time of installation if service has been
installed for a minimum of twenty-four (24) months.
The Company shall not assign any portion of this Agreement to any other persons or firm without first obtaining Subscriber's
written approval. Any attempt to effect an assignment without Subscriber's prior written consent 'shall be deemed a default
of this Agreement and subject to remedy.
Services installed during the first thirty-six (36) months of this Agreement will have -a service period coterminous with the
term of this Agreement. Metro E connections ordered with twelve (12) months or less remaining will require_a new forty-
eight (48) month term.
Notes are continued on Attachment 1.
END OF ARRANGEMENT AGREEMENT OPTION 1
Page 25 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement Case Number FL10-1785-03
Option 1 of 1
Attachment 1
1' LORIDA A l 1 ACUNI ENT
RATES AND CHARGES (CONT'D)
NOTES (CON'C'D)
-
6. Customer must purchas
e
and maintain the following Services within three (3) months of the execution of this
) at a minimum in us listed below ("Minimum Quantity
Agreement ("Ramp -up Period the quantities of Services
Requirement") in the states of Florida.
Minimum Quantity Re uirement
Service 44
Business Lines 16
Primary Rate ISDN I I
Metro Ethernet 6
Mi egalink
8
Analog Data Service
• sed and maintained pursuant to the requirements
he Ram -up Period and no less than annually on the
anniversary of the execution of this e
At the end oft p quantity of Services pure
been billed,
Agreement, Company will review the q uantit Re uirement for each Service listed above has been m
onot
f this Agreement to determine if the Minimum Q Y q
during each month of the Agreement. Services forwhich Customer
orements Failure onthe
and is being maintained o
s review shall not be considered a waiver of this provision. each month of
or billed and Customer has not paid, will not contribute to the Minimum
part of the Company to perform this applicable Minimum Quantity
a commitment shortfall. The commitment shortfall i �[i such
by the rates
l
the term of this Agreement that the quantity of Services is less than the aPP Services P
Requirement, Customer shall be billed
be equal to the Minimum Quantity trement Shortfall'u)s the quantity of installed
set forth in this Agreement (" Commitmei
will not apply upon disconnection of a Service where Customer will incur a Commitment
Termination charges
Shortfall for the disconnection of that Service
Nonrecurring
Charge
USOC
Description
S )00.00
each
CNv1 Security Car
$ ?50.00
each
CNMSC
CNNISE
CNM Service Establishment Charge
10 tilb s Basic Connection
$1 000.00
00.00
each
each
1�ITEBA
Metro Ethernet Service,
Ethernet Service, 100 Mb s Basic Connection
urs
$1,_5
51,000.00
each
MTEBB
Metro
Ethernet MService, 10 �Ib s Premium Connection,
Burst
1,250.00
each
�lTEE3
etro
Metro Ethernet Service, 0Ib s Preal'1ium Connection,
%ITEE4
Page 26 of 31
AT&T and Customer Confidential Information
v' 11 t �
Contract Service Arrangement Agreement Case Number FL10-1785-03
Option 1 of 1
Attachment 1
N1TEE5
hernet Service, 50 Nih s Premium Connection, Burst
S 1,250.00 each
NITEE6
hernet Service, 100 Mb s Premium Connection, But
S 1,500.( each
N1TEE7
hernet Service, 250 Nib s Premium Connection, Burst
$1,750.00 each
NITEES
hernet Service, 500 Nib s Premium Connection, Burst
$1,750.00 each
MTEP0
hernet Service, 2 Mbps Premium Connection, Fixed
MEthernet
$1,000.00 each
MTEPI
hernet Service, 4 Mb s Premium Connection, Fixed
$1,00(.00 each
NITEP2
Metrothernet Service, 8 Mb s Pretllium Connection, Fixed
S1,000.00 each
MTEP3
thernet Service, 10 NIb s Premium Connection, Fixed
$1,000.00 each
MTEqMletro
Ethernet Service, 20 Nlb)s Premium Connection, Fixed
$1,250.00 each
N1TEetro
Ethernet Service, 50 Mb s Premium Connection, Fixed
$1,250.00 each
N1TEetro
Ethernet Service, 100 Nib s Premium Connection, Fixed
$1,500.00
each
MTEetro
Ethernet Service, 250 Mb s Premium Connection, Fixed
S 1,750.00
each
MTEP8
Metro Ethernet Service, 500 Mh s Premium Connection, Fixed
$1,750.00
each
MTEPT
Metro Ethernet Service, 1000 Nlbps Premium Connection,
$1,750.00
each
CL_SEX
Fixed
CrisisLink, er subscriber location, First plan
$503.10
$8.00
each
each
CLSTA
CrisisLink, each additional redirected number
$575.(x)
each
MGLSE
McLaLinka Service Establishment Charge
$35( F)0
each
1 LDPZ
service, Digital Local Channel, first 1/2 mile
$1OO OO
each
I LN02
lnteroflice Channel, each channel 9-1-5 miles, Fixed
$40 00
each
NIGLPV
Meg*aLink 1i service. prcimses visit, per visit
$875.00
each
I LD i E
PRI Access Line
S 110.00
each
PR7 I V
PRI Interface
$5.00
cacti
PR713V
PRI B-Channel
$117.48
each
3LBBS
Interoffice Channel. Voice Gracie
$44.88
each
BQ9
Voice Grade Bridge, d-Wire
$40.92
each
Voice Grade Brig,kz: 2-Wire
$ 448.80
each
P2JUX
Voice Grade Local Channel, First
$145.20
each
Voice Grade Local Channel, Additional
$81 80
each
P2JWX
Voice Grade Local Channel, First
$ 165
each
Voice Gracc Local Channel. Additional
.00
1 165.00
1 each
BWBSL
Bill Mann cmcnt Service
S875.00
each
I LD I E
Centrex PRI Access Line
$125.00
each
I LN I A
Ccntre.x PRI Fixed Rate Int rollice
$ 110.00
each
PR74X
Centrex PRI Interface
SL00
each
A'CNCS
Assi�.,ncd Telephone Numhers — Centrex
$19.50
each
CENAA
Standard Features per Station Line — Centrex
19.50
each
CENCA
Ccntrcx Control er Line Initial Setup$10.00
S
each
L'TO8X
ISDN B Channel Circuit Switched
$1 10.00
each
LTU I X
ISDN Basic Rate Access 2-Wire
W5.00
each
\1 I ACC
Custumiied Common Ec ui pmcnt — Centrex
S140.00
each
N12GBC
Interoffice Channels ier non-ISDN Channel
Furthermore, upon Customer's request w dlSCl)nneCt all service prior to the expiration of the selected term.
Customer w ill be char�,ed a one-time Contract Preparation Charge in the amount of $515.00.
Page 27 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement
Case Number FL10-1785-03
Option 1 of 1
Attachment 1
7. In the event that all or any part of the Service is disconnected at Subscriber's request prior to expiration of any
selected minimum service term of greater than one month's duration, Subscriber will be required to pay an early
termination charge as stated in the terms and conditions. The provisions concerning liability for early termination
charges only shall not be applicable to Subscriber when there is in effect, as a result of action by such entity and
throu'h a duly constituted legislative, administrative, or executive body: a statute; an ordinance; a policy
directive; or a Constitutional provision
which restricts or prohibits an additional contractual payment for early termination of a contract by any such
entity, or agency thereof, due to an unavailability of funding. When Service is being provided and funding to the
governmental entity for such Service becomes unavailable, Subscriber may cancel the Service without additional
payment obligation. Provided, however, that if Subscriber cancels the Service for any reason other than the
unavailability of funds, the early termination liability provisions in the terms and conditions shall apply.
All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T
affiliated companies.
Page 28 of 31
AT&T and Customer Confidential Information
:twt
Contract Service Arrangement Agreement
Case Number FL10-2238-02
Option 1 of 1
Attachment 1
FLORIDA ATTACHMENT
RATES AND CHARGES (CONT'D)
NOTES (CONT'D)
6. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service
is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that
were waived at installation as identified below in addition to applicable termination liability charges:
USOC
Description
NonrecurringCharge
CENAA
Centrex Features
$19.50
each
M l ACS
Standard Common Equipment
$600.00
each
M 1 ACC
Customized Common E ui ment
$750.00
each
MBBBF
_BB
MemorvCall Voice Messaging Service -Flat Rate
$15.00
each
SMX
MemoryCall Answering Service Includes 90 Minutes
$15.00
each
Useage-Each Mailbox
VMCXX
MemoryCall Deluxe Economy Voice Messaging
$15.00
each
Service 90Min/Addl Min $.00
1 LD1 E
Access Line
$875.00
each
PR74X
Interfaces
$1 10.00
each
PR7BX
B Channel Activation
$29.00
each
Line Connection, first
$6150
each
Line Connection, Additional
$12.05
each
Furthermore, upon Customer's request to disconnect all service prior to the expiration of the selected term,.
Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00.
7. In the event that all or any part of the Service is disconnected at Subscriber's request prior to expiration of any
selected minimum service term of greater than one month's duration, Subscriber will be required to pay an early
termination charge as stated in the terms and conditions. The provisions concerning liability for early termination
charges only shall not be applicable to Subscriber when there is in effect, as a result of action by such entity and
through a duly constituted legislative, administrative, or executive body: a statute; an ordinance; a policy
directive; or a Constitutional provision which restricts or prohibits an additional contractual payment for early
termination of a contract by any such entity, or ag*ency thereof, due to an unavailability of funding. When Service
is being provided and funding* to the governmental entity for such Service becomes unavailable, Subscriber may
cancel the Service without additional payment obligation. Provided, however, that if Subscriber cancels the
Service for any reason other than the unavailability of funds, the early termination liability provisions in the terms
and conditions shall apply.
All trademarks and service marks contained herein are owned by AT&T Intellectual Property
Page 29 of 31
AT&T and Customer Confidential Information
Contract Service Arrangement Agreement
Case Number FL10-2240-02
Option 1 of 1
Attachment 1
FLORIDA ATTACHMENT
RATES AND CHARGES (CONT'D)
NOTES (CONT'D)
6. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service
is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that
were waived at installation as identified below in addition to applicable termination liability charges:
USOC
Description
NonrecurringCharge
CENAA
Centrex Features
$19.50
each
M I ACS
Standard Common Equipment
$600.00
each
M I ACC
Customized Common Equipment
$750.00
each
MBBBF
Memor Call Voice Messaging Service -Flat Rate
$15.00
each
SMBBX
MemoryCall Answering Service Includes 90
Minutes Useage-Each Mailbox
$15.00
each
VI✓1CXX
MemoryCall Deluxe Economy Voice Messaging
Service 90Min/Addl Min $.06
$15.00
each
I LD I E
Access Line
$875.00
each
PR74X
Interfaces
$1 10.00
each
PR7BX
B Channel Activation
$29.00
each
Line Connection, first
$63.50
each
Line Connection, Additional
$12.05
each
Furthermore, upon Customer's request to disconnect all service prior to the expiration of the selected term,
Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00.
7. In the event that all or any part of the Service is disconnected at Subscriber's request prior to expiration of any
selected minimum service term of greater than one month's duration, Subscriber will be required to pay an early
termination charge as stated in the terms and conditions. The provisions concerning liability for early termination
charges only shall not be applicable to Subscriber when there is in effect, as a result of action by such entity and
through a duly constituted legislative, administrative, or executive body: a statute; an ordinance; a policy
directive; or a Constitutional provision which restricts or prohibits an additional contractual payment for early
termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When Service
is being provided and fundin; to the governmental entity for such Service becomes unavailable, Subscriber may
cancel the Service without additional payment obligation. Provided, however, that if Subscriber cancels the
Service for any reason other than the unavailability of funds, the early termination liability provisions in the terms
and conditions shall apply.
All trademarks and service marks contained herein are owned by AT&T Intellectual Property
Page 30 of 31
AT&T and Customer Confidential Information
Stu
Contract Service Arrangement Agreement
Case Number FL10-2247-02
Option 1 of 1
Attachment 1
FLORIDA ATTACHINIENT
RATES AND CHARGES (CONT'D)
NOTES (CONT'D)
6. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service
is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that
were waived at installation as identified below in addition to applicable termination liability charges:
USOC
Descri lion
CENAA
Centrex Features
M I ACS
Standard Common Equipment
MIACC
CLlstomizedCommon Equipment
MBBBF
MemoryCall Voice Messaging Service -Flat Ra
SMBBX
MemoryCall Answering Service Includes 90
Minutes UseaQe-Each Mailbox
VMCXX
MemoryCall Deluxe Economy Voice Messagir
Service 90NIin/Addl Min S.06
I LD I E
Access Line
PR74X
Interfaces
PR7BX
B Channel Activation
Line Connection, first
Line Connection, Additional
NonrecurringCharge
$19.50
each
$600.00
each
$750.00
each
to
$ l 5.00
each
$15.00
each
ig
S 15.00
each
$875.00
each
$1 10.00
each
$29.00
each
$63.50
each
$12.05
each
Furthermore, upon Customer's request to disconnect all service prior to the expiration of the selected term,
Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00.
7. In the event that all or any part of the Service is disconnected at Subscriber's request prior to expiration of any
selected minimum service term of greater than one month's duration, Subscriber will be required to pay an early
termination charge as stated in the terms and conditions. The provisions concerning liability for early termination
charges only shall not be applicable to Subscriber when there is in effect, as a result of action by such entity and
through a duly constituted legislative, administrative, or executive body: a statute; an ordinance; a policy
directive; or a Constitutional provision which restricts or prohibits an additional contractual payment for early
termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When Service
is being provided and funding to the governmental entity for such Service becomes unavailable, Subscriber may
cancel the Service without additional payment obligation. Provided, however, that if Subscriber cancels the
Service for any reason other than the unavailability of funds, the early termination liability provisions in the terms
and conditions shall apply.
-\ll trademarks and service marks contained herein are owned by AT&T Intellectual Property
Page 31 of 31
AT&T and Customer Confidential Information
Charlotte LaChance
From: Jack Southard
Sent: Wednesday, August 04, 2010 10:56 AM
To: Charlotte LaChance
Subject: FW: Revised Contract FL10 1785 03(editable version)
Attachments: ATT FL10-1785-03 AA Option Regional1 DR.doc
From: Melissa Simberlund
Sent: Tuesday, July 13, 2010 10:02 AM
To: Jack Southard
Cc: Robert Valentino
Subject: FW: Revised Contract FL10 1785 03(editable version)
See below.
From: Heather Lueke
Sent: Tuesday, July 13, 2010 9:57 AM
To: Melissa Simberlund
Subject: RE: Revised Contract FL10 1785 03(editable version)
I made a couple of spelling corrections on page 6, otherwise, it looks fine.
From: Melissa Simberlund
Sent: Tuesday, July 13, 2010 9:22 AM
To: Heather Lueke
Subject: FW: Revised Contract FL10 1785 03(editable version)
Please review new language.
Melissa
From: Jack Southard
Sent: Friday, July 09, 2010 12:50 PM
To: Melissa Simberlund
Subject: FW: Revised Contract FL10 1785 03(editable version)
See attached
Thanks
Jack
From: HESS, NANCY J (ATTOPS) [mailto:nh1058@att.com]
Sent: Friday, July 09, 2010 12:27 PM
To: Robert Valentino; Jack Southard
Cc: VINEZ, NANCY M (ATTOPS); LINDBORG, ERIK (ATTOPS)
Subject: Revised Contract FL10 1785 03(editable version)
Jack/Robert,
Nancy V is on vacation so I am forwarding the updated contract for your additional review. This is a "draft"
copy and editable as you find necessary.
All four contracts( three were for the different Centrex Payment Plans) have been combined into one Regional
agreement for a single customer/ATT signature capability.
Language was revised to indicate which existing contracts would be replaced with this new agreement. The
PRI Advantage PROMO contract was included. Page 4 of 30
Language was changed to indicate that any circuit (covered by the new agreement)aIready installed and billing
at the time this new contract is executed would not have any termination liability if disconnected. Any
circuits covered under the new agreement installed after execution are subject to a minimum 24 month term
to avoid termination liability at disconnect.
Page 25 of 30 Item #5
Language added for the Funding Out capability Page 25 of 30 Item #4
Language added to not assign any portion to other persons or firms without obtaining Subscriber's written
approval.......... Page 25 of 30 Item # 5
These are all the changes approved by our Legal Department.
<<FL10-1785-03 AA Option Regional1 DR.doc>>
Nancy Hess
AT&T
Technical Sales Consultant
701 Northpoint Parkway#400
West Palm Beach, FL 33407
561-640-6642 voice
800-505-4552 fax
Please Note Flor Ada has very broad pudic records laws. Most written communications to or from County officials rega=ding County business are public records
. available -o the pubs, and n edia uron request It is the policy of St Lucie County that all County records shall be open for persorasl inspection, examination and i
or copying Your e rnail cornmun cations will he subject to public disclosure unless an exemption applies to the commLnica*ion. if you received 'd-Js email in error,
please not N, the sender by reply e mail and delete all m torr is train all computers.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. if you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. it is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and I
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and l
Of copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
C7
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Central Services
SUBJECT: Purchase Ice Machine for Central Services.
BACKGROUND: See attached memorandum.
ITEM NO. VI -I 1
DATE: 08/17/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( x)
PRESENTED BY:
Don Mcl-am
Assistant Director
FUNDS AVAILABLE: 001-1930-564000-100 Machinery & Equipment Central Services (pending BOCC
approval)
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of Budget Amendment No. 10-030 and Equipment Request No.
10-038 to purchase an ice machine in the amount of $4,957, as outlined in the
agenda memorandum.
COMMISSION ACTION:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( x )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
j Budget Analyst
Dan McIntyre
Originating Dept. ( x)
Roger A. Shinn
Marie Goui , Ij
Patty Marston
H:WGENDA - 363
Central Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Roger A. Shinn, Directory — 24S
FROM: Don McLam, Assistant Director:�kc�--
Central Services
DATE: August 17, 2010
SUBJECT: Purchase Ice Machine for Central Services
ITEM NO. VI -I 1
Background:
The current ice machine used by Central Services was purchased eight years ago. Due to the age
of the machine and volume of usage, breakdowns have become a regular occurrence. The
machine is to the point where replacement is more cost effective than the repair work. The ice
machine is used daily by Central Services employees as they prepare to go into the field at the
start of each work day.
Cost to purchase a cube -style, water-cooled ice machine with approximately 710 lb. ice storage
capacity is $4,957. Building maintenance funds are available and staff is seeking approval to use
these funds to make this purchase through Budget Amendment No. 10-030 and Equipment
request No. 10-021, as shown in Attachment 1 and Attachment 2.
Recommendation:
Board approval of Budget Amendment No. 10-030 and Equipment Request No. 10-038 to
purchase an ice machine in the amount of $4,957, as outlined in the agenda memorandum.
ATTACHMENT
ATTACHMENT 2
-
ST. LUCIE COUNTY BOARD OF COUNTY COIMIISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010
AGENDA DATE:
DEPARTMENT:
CENTRAL SERVICES RECOMMENDED:
YES
NO
REVISED
DIVISION:
CONSTRUCTION & RENOVATION APPROVED:
YES
NO
REVISED
EQUIPMENT:
ICE MACHINE ADDITIONAL COST
BUDGET AMOUNT:
4957
NEW
X REPLACEMENT
YES
X
NO
JUSTIFICATION:
Central Services has an ice machine that is eight years old. The ice machine is breaking down weekly and
having to be repaired. We checked prices and it would be more beneficial to replace the entire machine rather
than replacing the head which is everything excluding the ice bin itself.
EQUIPMENT REQ#: CSEQ10-038
ACCOUNT#: 001-1930-564000-100
1
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Central Services
SUBJECT: Amendment to Elevator Service Contract.
BACKGROUND: See attached memorandum.
ITEM NO. VI -I 2
DATE: 08/17/10
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (x)
PRESENTED BY:
Don McLam
Assistant Director
FUNDS AVAILABLE: 107-712-546000-1645 Equipment Maintenance -Central Services
PREVIOUS ACTION: September 8, 2009 - BOCC approval to enter into contract with General Elevator
Sales & Service for elevator repair and maintenance services for County facilities.
RECOMMENDATION: Board approval of first amendment to Contract No. C09-09-431 with General
Elevator Sales & Service, to add two additional elevators to the elevator service
list, and authorization for the Chairman to sign documents as approved by the
County Attorney.
COMMISSION ACTION:
APPROVED
( ) OTHER
Approved 5-0
County Attorney ( x )
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Dan McIntyre
Originating Dept. ( x) �P
Roger A. Shinn
H:\ AGENDA - 362
(x)_7�& Marie Goui�i
Patty Marston
Purchasing ( x )
Melissa Simberlund
Central Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Roger A. Shinn, Director
FROM: Don McLam, Assistant Directo
DATE: August 17, 2010
SUBJECT: Amendment to Elevator Service Contract
ITEM NO. VI-1 2
Background:
Through Contract No. C09-09-431, General Elevator Sales & Service is responsible for elevator
repair and maintenance services for County facilities. Amendment to this contract will include two
elevators added with the Courthouse Annex renovations and are no longer covered under
warranty:
• A wheelchair lift elevator located in the Courthouse Annex which provides access into the
Old Courthouse building. General Elevator will provide these services at a cost of $60 per
month, $720 annually (Attachment 1).
• Prisoner transport elevator to move prisoners from the Courthouse Annex to the basement
of the Old Courthouse. General Elevator will provide these serves at a cost of $74 per
month, $888 annually (Attachment 2).
Recommendation:
Board approval of first amendment to Contract No. C09-09-431 with General Elevator Sales &
Service, to add two additional elevators to the elevator service list, and authorization for the
Chairman to sign documents as approved by the County Attorney
..'
ATTACHMENT I
EQUIPMENT COVERED UNDER THIS AGREEMENT
DESCRIPTION STATE # CAPACITY LANDINGS
Wheelchair Lift 97458 750 2
HOURS Ol+ SERVICE
(X) All work is to be performed during regular working hours of regular working days of the trade,
Sam — 4:30pm, Monday through Friday. Service calls are billable at normal rates.
( ) On the following days or hours:
If purchaser requests callback service included in this agreement to be performed other than within the
hours listed above, the company will bill the purchaser an overtime billing rate in effect at the time of
service. In addition, the premium rate for Sundays and Holidays will also be applicable on Holidays
regardless of the day of the week upon which they fall. Holidays observed by GESS, Inc. are New Year's
Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving [including both
Thursday and Friday], and Christmas.
It is expressly understood, in consideration of the performance of the service enumerated at
the price stated, that nothing in this agreement will be construed to mean that G.E.S.S., Inc.
assumes any liability on account of accidents to persons or property, except those directly due to the
negligent acts or omissions of G.E.S.S., Inc. or its employees; and that your own responsibility for
accidents to persons or property while riding or being in or about the equipment referred to is no way
affected by this agreement G.E.S.S., Inc. will not be held responsible or liable for any loss,
damage, detention or delay caused by strikes, lockouts, fire, explosion, theft, lightning, windstorm,
earthquake, floods, storms, riots, civil commotion, malicious mischief, Act of God, or any cause
beyond its reasonable control, whether or not the same is herein specified, and in any event it will
not be liable for consequential damages. In the event a third party is retained to enforce, construe or
defend any of the terms and conditions of this agreement or to collect any monies due hereunder,
either with or without litigation, the prevailing party shall be entitled to recover all cost and
reasonable attorney's fees_ No work, service or liability on the part of G.E.S.S., Inc. other than that
specifically mentioned herein, is included or intended.
MAINTENANCE SERVICE SHALL COMMENCE on the 1st day of August , 2010, (the
"Commencement Date'� and shall continue until terminated as provided herein_ Either party may
terminate this agreement at the end of the first five (5) year period or at the end of any subsequent
five (5) year period by giving the other party (90) days prior written notice. Payable monthly in
advance upon presentation of invoice, plus sales tax, if applicable.
MAINTENANCE PRICE BILLED MONTHLY...............................................................$50.00
STATE INSPECTION PRICE BILLED MONTHLY..........................................................................$10.00
TOTALMONTHLY BILLING.............................................................•...................•.........$ 60.00
*State Elevator Inspection Service Option:
G.E.S.S. Inc. will provide an Independent/Third Party Elevator Inspection Service for the respective
building owner's property(s) including all necessary administration, insurance, examinations and
overhead costs required by the Bureau of Elevator Safety State Statutes pursuant to ANSI A17.1 /
Florida Chapter 399.13 Elevator Safety Codes_ The fee service for the annual Elevator Inspection
Service and Reports will be prorated at a monthly invoice cost of twenty four dollars per elevator unit
($24.00/elevator/month]. Test witnessing included. If a re4nspection or re -inspections by the third -party
inspector are required for items that are the responsibility of the building owner, there will be an additional
charge which will be billed separately from this agreement. The Bureau of Elevator Safety will not issue a
current Certificate of Operation until they receive a violation -free inspection report. Current Florida
ATTACHMENT 2
DESCRIPTION
Garaventa LULA
EQUIPMENT COVERED UNDER THIS AGREEMENT
STATE # CAPACITY LANDINGS
98937 1400 2
HOURS OF SER\hCE
(X) All work is o be performed during regular working hours of regular working days of the trade_
8am — 4:3 pm, Monday through Friday. Service calls are billable at normal rates.
( ) On the foll6wing days or hours:
If purchaser requests callback service included in this agreement to be performed other than within the
hours listed above the company will bill the purchaser an overtime billing rate in effect at the time of
service. In additio , the premium rate for Sundays and Holidays will also be applicable on Holidays
regardless of the d y of the week upon which they fall. Holidays observed by GESS, Inc. are New Year's
Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving [including both
Thursday and FddQ, and Christmas_
It is expressly understood, in consideration of the performance of the service enumerated at
the price stated, that nothing in this agreement will be construed to mean that G.E.S.S., Inc.
assumes any liability on account of accidents to persons or property, except those directly due to the
negligent acts or dmissions of G.E.S.S., Inc, or its employees; and that your own responsibility for
accidents to persons or property while riding or being in or about the equipment referred to is no way
affected by this a�reement G.E.S.S., Inc, will not be held responsible or liable for any loss,
damage, detention or delay caused by strikes, lockouts, fire, explosion, theft, lightning, windstorm,
earthquake, floods,storms, riots, civil commotion, malicious mischief, Act of God, or any cause
beyond its reasonable control, whether or not the same is herein specified, and in any event it will
not be liable for co Insequential damages. In the event a third party is retained to enforce, construe or
defend any of the terms and conditions of this agreement or to collect any monies due hereunder,
either with or without litigation, the prevailing party shall be entitled to recover all cost and
reasonable attorneDis fees. No work, service or liability on the part of G.E.S.S-, Inc. other than that
specifically mentio ed herein, is included or intended.
MAINTENANCE S RV1Cf` SHALL COMMENCE on the 1st day of August , 2010, (the
"Commencement date") and shall continue until terminated as provided herein_ Either party may
terminate this agrement at the end of the first five (5) year period or at the end of any subsequent
five (5) year period by giving the other party (90) days prior written notice. Payable monthly in
advance upon presentation of invoice, plus sales tax, if applicable.
MAINTENANCE P< ICE BILLED MONTHLY............................................................... $64.00
STATE INSPECTION PRICE BILLED MONTHLY ..................
TOTAL MONTHLY ILLING...................................... .................. $ 74.00
''State Elevator Ins�ectlon Service Option:
G.E.S.S. Inc. will prbvide an Independent/Third Party Elevator Inspection Service for the respective
building owner's pri perty(s) including all necessary administration, insurance, examinations and
overhead costs required by the Bureau of Elevator Safety State Statutes pursuant to ANSI A17.1 /
Florida Chapter 39 13 Elevator Safety Codes. The fee service for the annual Elevator Inspection
Service and Reports will be prorated at a monthly invoice cost of ten dollars per elevator unit
[$10.00/elevator/mo , th]. Test witnessing included. If a re -inspection or re -inspections by the third -party
inspector are required for items that are the responsibility of the building owner, there will be an additional
charge which will be lbIlled separately from this agreement. The Bureau of Elevator Safety will not issue a
ITEM NO. VI -I 3
J DATE: 08/17/10
,COUNTY
s R I . A AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (x)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Don McLam
SUBMITTED BY: Central Services Assistant Director
SUBJECT: Hazard Mitigation Grant Program - Subgrant Agreement Modification
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001193-1930-562000-1929 Buildings — SLC Buildings Wind Retrofit Program
PREVIOUS ACTION: April 19, 2005 — BOCC approval of grant submittal and acceptance of grant if
awarded.
July 24, 2007 — BOCC approval of funding to be used as grant match.
RECOMMENDATION: Board approval to modify the Subgrant Agreement between the Division of
Emergency Management and St. Lucie County, as outlined in the agenda
memorandum, and authorization for the Chairman to sign documents as approved
by the County Attorney.
COMMISSION ACTION:
(x) APPROVED ( )
( ) OTHER
Approved 5-0
County Attorney ( x )
Originating Dept. ( x)
DENIED
Coordination/Signatures
r
Dan McIntyre
Roger A. Shinn
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
OMB Director x
Budget Analyst
Marie G. in
Tawonna J nson
Purchasing ( x)
Melissa Simberlund
H:\ AGENDA - 364
Central Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Roger A. Shinn, Director
FROM: Don McLam, Assistant Director�arV--
DATE: August 17, 2010
SUBJECT: Hazard Mitigation Grant Program - Subgrant Agreement Modification
ITEM NO. VI-1 3
Background:
In May 2005, a grant application was submitted to the Hazard Mitigation Grant Program to retrofit
windows on 11 County buildings with high impact glass or storm shutters/awnings to protect the
buildings from wind damage. On June 20, 2007, an agreement (C06-07-828) was entered into
between St. Lucie County and the Florida Division of Emergency Management summarizing the
terms, budget and scope of work. Two buildings included in the scope of work were the Fort
Pierce Community Center and the Historic Fort Pierce Post Office. Before the retrofitting started,
the City of Fort Pierce took possession of both of these buildings and they would need to be
removed from the scope of work.
A modification to the Subgrant Agreement is required to extend the term, modify the scope of work
and decrease the funds (Attachment 1).
1. The Agreement expired on March 20, 2010 and is amended to end September 20, 2010.
2. The project was completed under budget and the Agreement is amended to decrease the
maximum amount payable under the Agreement.
3. The budget and scope of work is modified to wind retrofit nine County buildings.
Recommendation:
Board approval to modify the Subgrant Agreement between the Division of Emergency
Management and St. Lucie County, as outlined in the agenda memorandum, and authorization for
the Chairman to sign documents as approved by the County Attorney.
ATTACHMENT I
Contract Number: 07HM-4@-10-66-01-096
Project Number: 1545-120-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
ST. LUCIE COUNTY
This Modification Number One is made and entered into by and between the State of Florida, Division of
Emergency Management ("the Division"), and St. Lucie County ("the Recipient") to modify DEM Contract
Number 07HM-4@-10-66-01-096,dated June 20, 2007 ("the Agreement").
WHEREAS, the Agreement expired on March 20, 2010 and
WHEREAS, the Division and the Recipient desire to reinstate, extend the terms of Agreement, modify
the Scope of Work and decrease the funds.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties
agree as follows:
1. The Agreement is hereby reinstated as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
This Agreement shall begin June 20. 2007, and shall end September 20, 2010,
unless terminated earlier in accordance with the provisions of paragraph (12)
of this Agreement.
3. The Agreement is amended to decrease the maximum amount payable under the Agreement to Two
Hundred Sixty One Thousand Six Hundred Thirty and No/100 Dollars ($261,630.00).
4. The Budget and Scope of Work, Attachment A to the Agreement, is hereby modified as set forth in
Revised Attachment A to this Modification, which is attached hereto and incorporated herein by
reference.
5. All provisions of the Agreement being modified and any attachments in conflict with this Modification
shall be and are hereby changed to conform with this Modification, effective on the date of execution
of this Modification by both parties.
6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at
the level specked in the Agreement.
7. Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of
the administrative close-out report. The ending dates for each quarter of the program
year are March 31, June 30, September 30 and December 31.
•.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below.
RECIPIENT: ST. LUCIE COUNTY DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title:
By:
Name and Title:David Halstead, Director
Date: Date:
Attachment A (Revised)
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, St. Lucie County, will wind retrofit nine (9)
County Buildings, by purchasing and installing hurricane protection as follows:
1. St. Lucie County, Airport Customs Building located at 3000, Curtis King Boulevard, Fort Pierce,
Florida 34946, impact resistant glass on all windows, doors and roll -down shutters on storage
door
2. St. Lucie County, Lincoln Park Community Center located at 1306 Avenue M, Fort Pierce, Florida
34950,accordion shutters on windows and doors located on ground level and impact resistant
glass windows on second floor.
3. St. Lucie County, Helping Hands (Agape) Building located at 809 North 9"' Street, Fort Pierce,
Florida 34950, hurricane barrier screens on windows and accordion shutters on glass sliding
door.
4. St. Lucie County, Old Courthouse Building located at 221 South Indian River Drive, Fort Pierce,
Florida 34950, impact resistant glass on all windows and doors.
5. St. Lucie County, Museum Main Building located at 420 East Seaway Drive, Fort Pierce, Florida
34949, impact resistant glass and hurricane shutters on windows and doors.
6. St. Lucie County, Rasmussen House located at 1400 East Midway Road, Fort Pierce, Florida
34982, hurricane shutters on windows and doors.
7. St. Lucie County, Oxbow Environmental Center located at 5400 Northeast St. James Drive, Port
St. Lucie, Florida 34983, hurricane barrier screens on all windows and roll -down shutters on all
doors.
8. St. Lucie County, Data Building located 4590 Selvitz Road, Fort Pierce, Florida 34981, accordion
hurricane shutters on all windows and doors.
9. St. Lucie County, Mosquito Control Garage located at 3071 Oleander Boulevard, Fort Pierce,
Florida 34982, hurricane barrier screens on all windows and hurricane wind load on rated garage
doors.
If deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami -Dade Specifications. All materials will be certified to meet the wind and impact standards for
wind up to 140 mph. The local municipal or county building department will inspect and certify installation
according to the manufacturer's specifications.
This is FEMA project 1545-120-R, funded under 1545-DR-FL.
The Period of Performance for this project ends on September 20, 2010.
19
..
Work Schedule
State Contracting: 3 Months
Update Contractor Proposals: 3 Months
issue Purchase Order. 2 Months
Manufacture Materials: 13 Months 20 Days
Secure Permit: 2 Months
Window Installation Followed by Building Inspection: 8 Months
Building Inspection and Closeout: 7 Months
Period of Performance: 38 Months 20 Days
Line Item Budget*
Project Cost
Federal Share
Local Share
Airport Customs Building:
$ 59,800.00
$ 44,850.00
$14,950.00
Lincoln Park:
$ 2,998.00
$ 2,249.00
$ 749.00
Helping Hand Building (Agape):
$ 16,650.00
$ 12,488.00
$ 4,162.00
Old Courthouse:
$173,779.00
$130,334.00
$43,445.00
St. Lucie County Museum:
$ 13,185.00
$ 9,889.00
$ 3,296.00 .
Rasmussen House:
$ 2,862.00
$ 2,146.00
$ 716.00
Oxbow Environmental Center.
$ 40,650.00
$ 30,487.00
$10,163.00
Data Building:
$ 6,721.00
$ 5,041.00
$ 1,680.00
Mosquito Control Garage:
$ 21,835.00
$ 16,376.00
$ 5,459.00
Sub -Total:
$338,480.00
$253,860.00
$84,620.00
Administrative Cost:
$ 0.00
$ 7,770.00
$ 0.00
Total:
$338,480.00
$261,630.00
$84,620.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased.
Fundinq Summa
Federal Share: $253,860.00 (75%)
Local Share: $ 84,620.00 (25%)
Total Project Cost: $338,480.00 (100%)
Recipient Administrative Allowance up to $7,770.00.
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
411
Design and Construction for Community Shelter, and thus does not provide "near absolute protection." it
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building fram wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
21
0
7CI NTy
F LORI D A ,-
ITEM NO. VIti11
DATE: 08/17/10
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT
(X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY•%
Stefanie Myers
SUBMITTED BY: Housing and Community Services/ Community Services Manager
Community Services
SUBJECT: Community Services Block Grant (CSBG) American Recovery and Reinvestment
Act Modification (ARRA)
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001511-6420-331691-600 ARRA CSBG 2009
PREVIOUS ACTION: July 14, 2009 — Board accepted the CSBG ARRA Agreement
RECOMMENDATION: Board approval of agreement modification for the CSBG ARRA and Budget
Resolution 10-225, and authorization for Chairman to sign all necessary documents
as approved by the County Attorney, as outlined in the agenda memorandum.
COMMISSION ACTION: CONCURRENCE:
(X) APPROVED ( ) DENIED
( ) OTHER � -%
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Sianatures
County Attorney ( ) OMB Director ( )
Budget Analyst Zqlq-
Daniel S. McIntyre Marie Gouin
Sophia Holt
Originating Dept.
Beth Ryder
Housing and
Community Services
MEMORANDUM
TO: Board of County Commigkioners
THROUGH: Beth Ryder, Directo ,
FROM: Stefanie Myers, Community Services Manager
DATE: August 17, 2010
SUBJECT: Community Services Block Grant (CSBG) American Recovery and Reinvestment
Act Modification (ARRA)
ITEM NO. VI — J1
Backaround:
The Florida Department of Community Affairs has provided additional funding allocated under the
CSBG ARRA. The initial allocation for FY10 was divided between Martin and St. Lucie Counties; St.
Lucie $321,879 and Martin $146,856. Okeechobee County chose not to participate in the funding.
With this modification, St. Lucie County will receive an additional allocation of $147,000 to increase
the number of residents who are enrolled in local, state, and federal benefit programs. The total of the
agreement with the modification is $615,735 and no match is required. The total for St. Lucie County
with this modification is $468,879. The funds must be expended by the end of September and
partnerships are in place to maximize the impact of the funding to benefit St. Lucie County residents.
Partners will include 211, the Treasure Coast Food Bank, and Mustard Seed Ministries.
Recommendation
Board approval of agreement modification for the ARRA Community Services Block Grant and Budget
Resolution 10-225, and authorization for Chairman to sign all necessary documents as approved by
the County Attorney, as outlined in the agenda memorandum.
Attachments: CSBG Modification
Budget Resolution 10-225
RESOLUTION NO. 10-225
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available from the Department of Health and Human Services in the form of a grant amendment for
$147,000.
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 17t" day of August, 2010, 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
001511-6420-331691-600 Department of Health & Human Services $147,000
APPROPRIATIONS
001511-6420-583000-600 Other Grants and Aids $147,000
After motion and second the vote on this resolution was as follows:
Commissioner Charles Grande, Chairman XXX
Commissioner Doug Coward, Vice Chairman XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 17TH DAY OF AUGUST 2010.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home'
CHARLIE CRIST
Governor
TO: CSBG Grantees
THOMAS G. PELHAM
Secretary
MEMORANDUM 4�
FROM: Paula Lemmo, Community Program Manager
Community Assistance Section
SUBJECT: CSBG-ARRA Benefits Enrollment Modifications
DATE: August 2, 2010
I am pleased to offer you the attached modification to your 2010 CSBG-AR.RA contact to be
used for benefits enrollment.
• All funds must be expended before October 1, 2010.
• These funds must be used to identify and enroll eligible individuals and families in
Federal, State and local benefits programs.
Is The outreach must be focused on assisting households with incomes at or below 200
percent of the federal poverty income guideline.
• Separate records on how these funds are expended, what activities are supported and the
measurable outcomes must be maintained. For now these funds, activities and outcomes
will be incorporated into the CSBG-ARRA contract; however, since these funds were
identified and specified by Congress, it is anticipated that additional reporting may be
requested.
• Any equipment purchased with these funds must be retained by the agency for use in the
CSBG program.
Make the revisions to your most recently approved CSBG-AR.RA contract budget and work
plan. To expedite the review, on the modification forms, please highlight all changes in yellow.
2555 SHUMARD OAK BOULEVARD 0 TALLAHASSEE, FL 32399-2100
850-488-8466 (p) 0 850-921-0781 (f) 0 Website: www.dca.state.f1.us
0 COMMUNITY PLANNING 850.488-2356 (p) 850488-3309 (0 0 FLORIDA COMMUNITIES TRUST 850.922.2207 (p) 850-921-1747 (0 0
0 HOUSING AND COMMUNITY DEVELOPMENT 850-488.7956 (p) 850.922-5623 (0 0
CSBG Grantees
August 2, 2010
Page 2
Record Keeping: Separate records on how these funds are expended, what activities are
supported and the measurable outcomes must be maintained. For now these funds,
activities and outcomes will be incorporated into the CSBG-ARRA contract; however,
since these funds were identified and specified by Congress, I anticipate that additional
reporting may be requested.
• Record Keeping: Separate records on how these funds are expended, what activities are
supported and the measurable outcomes must be maintained. For now these funds,
activities and outcomes will be incorporated into the CSBG-ARRRA contract; however,
since these funds were identified and specified by Congress, I anticipate that additional
reporting may be requested.
Submit the following:
• Three copies of the signed Modification of Agreement page. This page is prepared
by DCA (enclosed) and sent to the Recipient. As with all formal modifications to the
CSBG agreement, this modification must be signed by a designated representative of
the Recipient and submitted along with the other required modification sections.
• Revised Summary Budget with changes highlighted.
• Revised Budget Detail for revised budget line items with changes highlighted.
• Revised Work Plan with changes highlighted.
Please expedite these revisions. The package must be received by DCA no later than
September 3, 2010. If you cannot meet this deadline, please contact Ms. Hilda Frazier at
(850) 933-1834 or by email at Hilda.frazierna.dca state flus
Thank you for participating in this outreach effort.
CONTRACT NO: IOSB-8B-12-00-01-124 MODIFICATION NO: 1
MODIFICATION OF AGREEMENT
Community Services Block Grant — American Recovery and Reinvestment Act
This Modification is made and entered into by and between the State of Florida, Department of
Community Affairs, ("the Department'), and the St. Lucie County Board of county Commissioners
("Recipient") to modify Contract Number IOSB-8B-12-00-01-124 (the Agreement").
WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to
which the Department has provided a sub -grant of $468.735 to the Recipient; and
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein,
the parties agree as follows:
1. Paragraph (17)(a) Funding Consideration, is hereby modified to read as follows:
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $615.735, subject
to the availability of funds and appropriate budget authority.
This revised contract amount includes:
A. $ 468,735 Current CSBG-ARRA Allocation (FY 2009-2010)
B. $ 147,000 CSBG-ARRA Benefits Enrollment Allocation (FY 2009-2010)
C. $ 615,735 Total (Amended CSBG-ARRA Allocation)
2. The following sections of the contract are hereby deleted in their entirety and replaced with the
amended version and incorporated herein by reference. (Check all sections that have been
modified.)
Attachment A-1, Budget Summary
Attachment A-2, Sub -Recipient Information
Attachment A-3, Budget Detail
Attachment A-4, Secondary Administrative Expenses
Attachment K, Recipient Information
Attachment L, Workplan and Quarterly Report
3. All provisions of the Agreement being modified and any attachments thereto in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective as of the
date of the last execution of this Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out
herein.
RECIPIENT
(Type Legal Name of Recipient)
M.
(Type Name and Title Here)
Date:
Federal Identification Number
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Michael Richardson, Assistant Secretary and
Acting Division Director,
Housing and Community Development
Date:
ITEM NO. VW2
DATE: 08/17/10
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY
Stefanie Myers 'aty
SUBMITTED BY: Housing and Community Services/Community Community Services Manager
Services
SUBJECT: 211 Palm Beach/Treasure Coast, Inc. Agreement — Community Service Block
Grant (CSBG)
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001511-6420-534000-600 American Recovery and Reinvestment Act (ARRA)
CSBG 2009
PREVIOUS ACTION: July 14, 2009 — Board acceptance of the CSBG ARRA Agreement.
RECOMMENDATION: Board approval of the agreement with 211 Palm Beach/Treasure Coast, Inc. and
authorization for the Chairman to sign documents as approved by the County
Attorney, as outlined in the agenda memorandum.
COMMISSION ACTION:
(� APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
ik Budget Analyst
Daniel S. McIntyre
Originating Dept. ( ) aa
Beth Ryder
Marie Gouin
Sophia Holt
Housing and
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director 9-
FROM: Stefanie Myers, Community Services Manager
DATE: August 17, 2010
SUBJECT: 211 Palm Beach/Treasure Coast, Inc. Agreement — Community Service Block Grant
(CSBG)
ITEM NO. VI — J2
Backaround:
The Florida Department of Community Affairs has provided additional funding allocated under the CSBG
ARRA. The initial allocation for FY10 was divided between Martin and St. Lucie Counties; St. Lucie
County $321,879 and Martin County $146,856. Okeechobee County chose not to participate in the
funding.
With this modification, St. Lucie County will receive an additional allocation of $147,000 to increase the
number of residents who are enrolled in local, state, and federal benefit programs. The total of the
agreement with the modification is $615,735 and no match is required. The total for St. Lucie County
with this modification is $468,879. The funds must be expended by the end of September and
partnerships are in place to maximize the impact of the funding to benefit St. Lucie County residents.
211 Palm Beach/Treasure Coast, Inc. is one of the identified partners and has requested funding to
promote use of the 211 system as a resource for citizens seeking assistance. Funds of up to $90,000
will be used to advertise and to upgrade the IRis computer database system. This upgrade will result
in reduced wait times for callers, and the 211 website (www.211 treasurecoast.orq) will be more user
friendly; allowing the public to more easily access information about available community resources
such as:
• Health Insurance
• Veteran benefits
• Nutrition
• Affordable Housing
Recommendation
• Utility Assistance
• Prescription program
• Others
Board approval of the agreement with 211 Palm Beach/Treasure Coast, Inc. for promotion and
improvement of their services, and authorization for the Chairman to sign the documents as approved
by the County Attorney, as outlined in the agenda memorandum.
Attachment: Agreement
W.
GRANT AGREEMENT
THIS AGREEMENT, made this day of , 2010,
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called
the "County", and 211 PALM BEACH/TREASURE COAST, INC., or its successors,
executors, administrators, and assigns hereinafter called "Grantee":
IN CONSIDERATION of the mutual benefits received by each part, the parties
mutually agree as follows:
1. The County shall disperse to Grantee a grant in a total amount not to exceed ninety
thousand and 00/100 dollars ($90,000.00) from additional funding provided to the County by the
State of Florida Department of Community Affairs under the CSBG American Recovery and
Reinvestment Act Agreement, (Contract No. IOSB-8B-12-00-01-124), as modified, hereinafter
called the "ARRA Grant". Payment to Grantee shall be made in one lump sum payment on or
before September 30, 2010.
2. The Recipient shall use the grant to improve its systems to increase information,
referral, and enrollment outcomes for County residents as set forth in the Recipient's proposal
attached hereto and incorporated herein as Exhibit "A".
3. Grantee shall have internal controls adequate to safeguard the grant.
4. If the grant can not be used or a subsequent audit reveals the grant was not used
according to the ARRA Grant and/or this Agreement, any money not so used shall be reimbursed
to the County.
5. Grantee shall provide an audit, by a certified or duly licensed public accountant, of the
expenditure of monies disbursed pursuant to this Agreement. Grantee shall submit all documents
required under this paragraph within ninety (90) days after the end of its last fiscal year during
which funds are expended under the Grant Agreement.
6. Grantee gives the County the right, until the expiration of three (3) years after
expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand,
the County shall have access to and the right to examine any directly pertinent books,
documents, papers, and records of Grantee involving transactions related to these grant monies.
All required records shall be maintained until an audit is completed and all questions arising
therefrom are resolved, or until the expiration of three (3) years after the expenditure of the
funds.
7. Grantee is and shall be an independent contractor, responsible to all parties for all of
its acts or omissions and the County shall in no way be responsible for such acts or omission.
Grantee shall and will indemnify and hold harmless the County from and against any and all
liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and
cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out
or in any way connected with the use, occupations, administration or control of the above
described services by Grantee or its agents, employees, customers, patrons or invitee, or
resulting from injury to person or property, or a loss of life or property of any kind or nature
whatsoever sustained during the term of this Agreement. Grantee hereby acknowledges that the
payment made under this Agreement include specific consideration for the indemnification
provided herein.
8. Grantee agrees to comply with all local, state and federal laws, rules and regulations.
9. All publications, media productions and exhibit graphics shall include the following
statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida.
10. Any notice shall be in writing and sent registered or certified mail, postage and
charges prepaid, and addressed to the parties at the following address:
To the County: St. Lucie County Administrator
Administration Annex
2300 Virginia Ave., 3rd Floor
Fort Pierce, Florida 34982
With copy to: St. Lucie County Attorney
Administration Annex
2300 Virginia Ave., 3rd Floor.
Fort Pierce, Florida 34982
To Grantee: 211 Palm Beach/Treasure Coast, Inc.
P.O. Box 3588
Lantana, Florida 33465
11. No amendment, modification or waiver of this Agreement shall be valid or effective
unless in writing and signed by both parties and no waiver of any breach or condition of this
Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether
of like or different nature. If the County currently provides or subsequently provides any forms
for agreement modification, Grantee agrees to use said forms.
12. Grantee represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Florida Statutes 112.311 (2009) and as may be amended from time
to time. Grantee further represents that no person having any interest shall be employed for said
performance.
Grantee shall promptly notify the County in writing by certified mail of all potential
conflicts of interest prohibited by existing state law for any prospective business association,
interest or other circumstance which may influence or appear to influence Grantee's judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that Grantee may
undertake and request an opinion of the County as to whether the association, interest or
circumstance would, in the opinion of the County, constitute a conflict of interest if entered into
by Grantee. The County agrees to notify Grantee of its opinion by certified mail within thirty
(30) days of receipt of notification by Grantee. If, in the opinion of the County, the prospective
business association, interest or circumstance would not constitute a conflict of interest by
Grantee, the County shall so state in the notification and shall, at his/her option, enter into said
association, interest or circumstance and it shall be deemed not in conflict of interest with respect
to services provided to the County by Grantee under the terms of this Agreement.
13. Except as otherwise provided, this Agreement shall be binding upon and shall
insure to the benefit of the parties.
14. In the event of a dispute between the parties in connection with this Agreement,
the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation
prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified
mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall
be shared equally by the parties. To the extent allowed by law, the mediation process shall be
confidential and the results of the mediation or any testimony or argument introduced at the
mediation shall not be admissible as evidence in any subsequent proceeding concerning the
disputed issue.
15. In the event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for
claims under state law and the Southern District of Florida for any claims which are justiciable in
federal court.
16. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and this Agreement
shall supersede all previous communications, representations or agreements, either verbal or
written, between the parties hereto.
IN WITNESS WHEREOF, the parties have caused the execution by their duly
authorized officials as of the day and year first written above.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
CHAIRMAN
ATTEST:
SECRETARY
s:\atty\agreemnt\contract\211 palm beach.arra.doc
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
211 PALM BEACH/TREASURE COAST, INC.
BY:
PRESIDENT
(SEAL)
r ITEM NO. VI-K
DATE: 08/17/10
COUNTY
• AGENDA REQUEST REGULAR ( )
INVESTMENT FOR THE PUBLIC HEARING ( )
FUTURE LEG. ( )
QUASI -JD ( )
CONSENT (x)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Don McLam
SUBMITTED BY: Central Services Assistant Director
SUBJECT: Purchase Lawn Mowers for the Sheriff's Department
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-1940-564000-1527 Machinery & Equipment Central Services (pending BOCC
approval)
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of Budget Amendment No. 10-030 and Equipment Request
Numbers 10-040 and 10-041 to purchase six lawn mowers for the Sheriff's
Department at a combined cost of $29,120, as outlined in the agenda
memorandum.
COMMISSION ACTION:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( x )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Dan McIntyre
Originating Dept. ( x) ?r
Roger A. Shinn
H:VWGENDA - 365
(x) `�L,) N�
Marie Gouin
Robert O'Sullivan
Central Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Roger A. Shinn, Director
FROM: Don McLam, Assistant Director
CentralServices
DATE: August 17, 2010
SUBJECT: Purchase Lawn Mowers for the Sheriff's Department
ITEM NO. VI-K
Background:
For several years, the Sheriff's Department has taken on the responsibility of lawn maintenance for
County properties they use. This is accomplished using inmate labor. This arrangement has
benefited the County in that it enables staff to be available at other locations to work. The mowers
currently being used by the Sheriff's Department were purchased by the County five years ago and
now require constant maintenance.
Total to purchase two 36" mowers at $4,640 each and four 48" mowers at $4,960 each is $29,120.
Maintenance improvement projects for the Sheriff, accomplished using Investment for the Future
Funds (IFF), were completed under budget. Staff is seeking approval to use these leftover IFF
funds in the amount of $29,120 to purchase six lawnmowers through Budget Amendment No. 10-
030 (Attachment 1) and Equipment Request Numbers 10-040 and 10-041 (Attachments 2 & 3).
Recommendation:
Board approval of Budget Amendment No. 10-030 and Equipment Request Numbers 10-040 and
10-041 to purchase six lawn mowers for the Sheriff's Department at a combined cost of $29,120,
as outlined in the agenda memorandum.
ATTACHMENT 1
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Central Services
PREPARED DATE: 8/4/2010
AGENDA DATE: 8/17/2010
TO: 001-1940-564000-1527 Machinery &
FROM: 001-1931-546200-150048 Maintenance I
REASON FOR BUDGET AMENDMENT: To purchase (
mowers (5 $4.959.99 for the Sheriff Department.
ment
36" mowers @ $4,639.99 each, and (4
120
120 1
Equipment Numbers 10-040 and 10-041 1
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
n/a
n/a
n/a
BA10-030
ATTACHMENT 2
--A
ATTACHMENT
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010
DEPARTMENT:
CENTRAL SERVICES RECOMMENDED:
YES
NO
REVISED
DIVISION:
JAIL MAINTENANCE APPROVED:
YES
NO
REVISED
.4; M
EQUIPMENT:
(4) 48" MOWERS
ADDITIONAL COST
BUDGET AMOUNT: $ 19,840
NEW
X
REPLACEMENT
YES X NO
114 R�ME�MKYA-: 4
WIN
JUSTIFICATION:
The Sheriff Department has taken care of the mowing on County proper -ties used by the Sheriff for several
years. The mowing work is done using inmate labor. This benefits the County by freeing up staff for other
work. The county last purchased mowers five years ago. The mowers now require high maintenance
therefore we are requesting replacement of the mowers.
EQUIPMENTR-EQ#: CSEQI0-041 --TACCOUNT#:
001-1940-564000-1527
i
AGENDA REQUEST
7C6UNTY
F L O R I D A
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. VII-A
DATE: August 17, 2010
REGULAR []
PUBLIC HEARING [xx]
CONSENT[]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke
Assistant County Attorney
SUBJECT: Ordinance No. 10-028 - Court Fees
BACKGROUND: See C10-859
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends the Board approve proposed Ordinance No.
10-028.
COMMISSION ACTION: CONCURRENCE:
APPROVED (] DENIED
[ ] OTHER:
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: � Management 6 Budget Purchasing:
: 9 9 9
Daniel 5. McIntyre
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
- INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO.: 10-857
DATE: August 17, 2010
SUBJECT: Ordinance No. 10-028 - Court Fees
BACKGROUND:
As authorized by Section 939.185, Florida Statutes, the Board of County
Commissioners imposes a $65 court cost when a person pleads nolo contendere or guilty
to or is convicted of or adjudicated delinquent for any felony, misdemeanor, delinquent
act, or criminal traffic infraction under the laws of the state. Section 939.185 also
sets out how the funds generated from that fee may be distributed. House Bill 5401,
signed by the Governor on May 28, 2010, amended Section 939.185, to read as follows:
1. Twenty-five percent of the amount collected shall be allocated to
fund innovations, as determined by the chief judge of the circuit, to
supplement state funding for the elements of the state courts systems
identified in s. 29.004 and county funding for local requirements s.
29.008(2)(a)2.
Ordinance No. 10-028 would amend the county code to reflect this change.
RECOMMENDATION/CONCLUSION :
Staff recommends approval of Ordinance No. 10-028.
Respectfully submitted,
Heather Sperrazza Lueke
Assistant County Attorney
r
ORDINANCE NO. 10-028
AN ORDINANCE AMENDING SECTION 1-7-3 OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY
CLARIFYING LANGUAGE REGARDING THE
ALLOCATION OF COURT INNOVATION FUNDS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
EFFECTIVE DATE.
WHEREAS, House Bill 5401, signed by the Governor on May 28, 2010, amended Section
939.185, Florida Statutes;
WHEREAS, the Board wishes to amend its ordinance to reflect the change made by House
Bill 5401.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
PART A. ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of
Ordinances of St. Lucie County, Florida, is amended as follows:
Sec. 1-7-3. Allocation of additional court costs.
The additional court costs imposed pursuant to section 1-7-2 of this Code shall be used only
in St. Lucie County, to be allocated as follows:
(1) Twenty-five (25) per cent of the amount collected shall be allocated to fund innovations, as
determined by the chief judge of the circuit, to supplement state funding for the elements of
the state courts system identified in F.S. § 29.004, and county funding for local requirements
under F.S. § 29.008(2)(a)2.
(2) Twenty-five (25) per cent of the amount collected shall be allocated to assist counties in
providing legal aid programs required under F.S. § 29.008(3)(a).
(3) Twenty-five (25) per cent of the amount collected shall be allocated to fund personnel and
legal materials for the public as part of a law library.
(4) Twenty-five (25) per cent of the amount collected shall be used as determined by the board
to supportjuvenile assessment centers, and other juvenile alternative programs.
PART B. SEVERABILTTY.
If any word, phrase, clause, section or portion of this ordinance shall be held invalid or
unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a
6trtieltthretigh portions are deleted.
Underlined portions are added.
k
separate and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
PART C. EFFECTIVE DATE.
This ordinance shall become effective September 1, 2010.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau
of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Charles Grande XXX
Vice Chairman Doug Coward XXX
Commissioner Chris Dzadovsky XXX
Commissioner Chris Craft XXX
Commissioner Paula A. Lewis XXX
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts `B" through "F" shall not be codified.
PASSED AND DULY ADOPTED this day of , 2010.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS
BY:
County Attorney
5#rnek +hreb1h portions are deleted.
Underlined portions are added. 2
AGENDA REQUEST
2UNTY
O
R
I D A
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. VII-B
DATE: August 17, 2010
REGULAR[]
PUBLIC HEARING [xx]
CONSENT[]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke
Assistant County Attorney
SUBJECT: Ordinance No. 10-029 - Surplus Property Procedure
BACKGROUND: See C10-860
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends approval of proposed Ordinance No. 10-029.
COMMISSION ACTION:
[;d APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
Review and Approvals
County Attorney: Management & Budget
Daniel 5. McIntyre
Originating Dept, Public Works Oir:
Finance: (Check for copy only, if applicable)
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
hosing:
County Eng.:
Eff. 5/96
INTER -OFFICE MEMORANDUM
. i ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO.: 10-860
DATE: August 17, 2010
SUBJECT: Ordinance No. 10-029 - Surplus Property Procedure
BACKGROUND:
As authorized by Section 125.35, Florida Statutes, the Board of County
Commissioners adopted Ordinance No. 02-18, prescribing an alternative method to sell
and convey real property owned by the County. Staff recommends amending these
procedures to clarify when objections to the declaration of surplus property can be
made.
RECOMMENDATION/CONCLUSION :
Staff recommends approval of Ordinance No. 10-029.
Respectfully submitted,
a
Heather Sperrazza Lueke
Assistant County Attorney
r
ORDINANCE NO. 10-029
AN ORDINANCE AMENDING SECTION 1-16.2-6 OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY
CLARIFYING LANGUAGE REGARDING THE
NOTIFICATION OF DISPOSITION TO INTERESTED
PARTIES; PROVIDING FOR SEVERABILITY; AND
PROVIDING EFFECTIVE DATE.
WHEREAS, Section 125.35, Florida Statutes, allows counties to prescribe by ordinance
disposition standards and procedures for surplus real property;
WHEREAS, the Board adopted such procedures in Ordinance No. 02-18;
WHEREAS, the Board wishes to clarify the procedures relating to notification and of
disposition to interested parties.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. ARTICLE I. "In General," of Chapter 1-16.2, "Disposition of Surplus Real
Property," of the Code of Ordinances of St. Lucie County, Florida, is amended
as follows:
Sec. 1-16.2-6. Notification of disposition to interested parties.
The county administrator or designee shall publish a notice in a newspaper of general
circulation once at least twenty (20) days prior to the board of county commissioners' hearing in
which the real property is to be declared surplus. The notice shall contain a description of the surplus
property sought to be disposed of, the name of the county administrator or designee to which
objections shall be addressed, and the date of the regular meeting of the board in which proposed
final action is to be taken. Objections to the declaration of surplu—final disposition of s=r�as
property shall be made in writing no later than ten (10) days prior to the hearing in which the real
property is to be declared surplus final disposi and shall be given to the board prior to making
its final decision.
PART B. SEVERABILITY.
If any word, phrase, clause, section or portion of this ordinance shall be held invalid or
unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a
separate and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Straek-through portions are deleted.
Underlined portions are added.
ti
PART C. EFFECTIVE DATE.
This ordinance shall become effective September 1, 2010.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau
of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Charles Grande XXX
Vice Chairman Doug Coward XXX
Commissioner Chris Dzadovsky XXX
Commissioner Chris Craft XXX
Commissioner Paula A. Lewis XXX
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts "B" through "F" shall not be codified.
PASSED AND DULY ADOPTED this day of , 2010.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS
BY:
County Attorney
+ruelt 1hreugh portions are deleted.
Underlined portions are added. 2
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
County Attorney
ITEM NO. _UL-- L
DATE: August 17, 2010
REGULAR[]
PUBLIC HEARING [XX]
CONSENT[]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Ordinance No. 10-027 Economic Development Exemption
Application - Silver -Line Plastics Corporation
See attached memorandum
Staff recommends that the Board approve Ordinance No. 10-
027 and authorize the Chairman to sign the Ordinance.
[ APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: Management & Budget Purchasing: _
Daniel 5. McIntyre
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO. 10-0932
DATE: July 21, 2010
SUBJECT: 2010 Economic Development Exemption Application - Silver -Line
Plastics Corporation
BACKGROUND:
On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program
to exempt certain new and expanding businesses from ad valorem taxation as allowed by state
law, a copy of which is attached. On November 5, 2002, the voters in St. Lucie County
approved a referendum authorizing the Board of County Commissioners of St. Lucie County
to grant a local economic ad valorem tax exemption. Also attached is Resolution No. 03-258
adopted on October 28, 2003 establishing a property tax exemption phase out schedule and
a property tax exemption eligibility rate schedule for new or expanding businesses.
Attached is an application filed by Silver -Line Plastics Corporation. As required by
state law, the application was forwarded to the St. Lucie County Property Appraiser for
review. The comments and findings of the Property Appraiser are contained in the
application. As the memorandum states, Silver -Line submitted the required information and
met the statutory definition of a new business. The Property Appraiser's estimate of the
taxable value lost to the County if the exemption is granted is $236,894.00. The estimate
of revenue lost to the County if the exemption was granted during the current fiscal year is
$12,72 3.98.
The application reflects that thirty-two (32) St. Lucie County residents will be
employed by Silver -Line Plastics.
Under the property tax eligibility chart, it appears that Silver -Line Plastics would
receive a six (6) year exemption, phased as follows:
Year 1 -
100%
Year 2 -
90%
Year 3 -
80%
Year 4 -
60%
Year 5 -
40%
Year 6 -
20%
(more if applicable)
Also attached is a copy of draft Ordinance No.10-027 which, if adopted, would grant
Silver -Line Plastics an economic ad valorem tax exemption for a period of six (6) years.
Permission to advertise was granted on July 20, 2010 and notice was published in the
Tribune on August 2, 2010.
RECOMMENbATION/CONCLUSION :
Staff recommends that the Board approve Ordinance No. 10-027 and authorize the
Chairman to sign the Ordinance.
Respec I s b ,
Daniel S.
County A
DSM/caf
Attachments
ORDINANCE NO. 10-027
AN ORDINANCE RELATING TO ST. LUCIE COUNTY,
FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN
THE COUNTY; ESTABLISHING AN EXEMPTION FROM
CERTAIN AD VALOREM TAXATION FOR SILVER -LINE
PLASTICS CORPORATION, 3206 ENTERPRISE ROAD, FORT
PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE
AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM
TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE
AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT
FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE
EXEMPTION GRANTED TO SILVER -LINE PLASTICS
CORPORATION; PROVIDING AN EXPIRATION DATE OF
THE EXEMPTION FROM THE DATE OF BOARD ADOPTION
OF THIS ORDINANCE; PROVIDING A FINDING THAT
SILVER -LINE PLASTICS CORPORATION MEETS THE
DEFINITION OF ANEW BUSINESS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
This Ordinance shall be known as County Ordinance No.10-027 "Economic Development
Ad Valorem Tax Exemption - Silver -Line Plastics Corporation."
ARTICLE II
Procedure
After consideration of the report of the Property Appraiser and in accordance with
the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax
Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an
exemption from ad valorem taxation of the assessed value of equipment and building
improvements for Silver -Line Plastics Corporation, 3206 Enterprise Road, Fort Pierce,
Florida, in accordance with the following exemption phaseout schedule:
Year 1 (Fiscal Year 2010-11)
- 100%*
Year 2
- 90%*
Year 3
- 80%*
Year 4
- 60%*
Year 5
- 40%*
Year 6
- 20%*
* personal/tangible property only - excludes building/real property
ARTICLE III
Ad Valorem Tax Revenues
Total revenues are available to the County for the current fiscal year from ad valorem
tax sources is $124, 284, 078. 00. Revenues lost to the County for the current fiscal year
by ad valorem tax exemptions under this section currently in effect are $236, 894.00.
Revenues to be lost by granting of this exemption for the current fiscal year are estimated
to be $12, 723.98 Tangible Property only.
ARTICLE IV
Expiration Date
The Economic Development Ad Valorem Tax Exemption granted to Silver -Line Plastics
Corporation, a new business, shall be for six (6) years from the date of Board adoption of this
Ordinance.
ARTICLE V
Finding
The Board of County Commissioners of St. Lucie County, Florida, finds that Silver -Line
Plastics Corporation is a new business as defined by St. Lucie County Ordinance No. 92-24 and
Section 196.012(15), Florida Statutes. The Board reserves the right to repeal the exemption
if Silver -Line Plastics Corporation no longer satisfies the criteria set out above.
ARTICLE VI
Severability
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and
severable provision and such holding shall not affect the validity of the remaining portions
of this Ordinance.
ARTICLE VII
Effective Date
This Ordinance shall take effect upon receipt of notice of filing from the Secretary
of State.
ARTICLE VIII
Adoption
After motion and second, the vote on this Ordinance was as follows:
Chairman Charles Grande
XXX
Vice Chairman Doug Coward
XXX
Commissioner Chris Craft
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Paula Lewis
XXX
PASSED AND DULY ADOPTED this day of August, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
ti• •
ORDINANCE NO. 92-24
AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF
THE CODE OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA, BY CREATING ARTICLE V (ECONOMIC 0 M
DEVELOPMENT AD VALOREM TAR EXEMPTIONS) RELATING TO Cz Z m
ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC m
DEVELOPMENT IN THE COUNTY; ESTABLISHING AN a R 0
EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR
CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; o•
PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING i
PROCEDURES FOR APPLICATION FOR EXEMPTION; �`-N n
SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN N
CONNECTION WITH SUCH PROPERTY; PROVIDING FOR w N x
CONFLICTING PROVISIONS; SEVERABILITY AND 0
APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE;
EFFECTIVE DATE; ADOPTION; AND CODIFICATION rt
:3.
WHEREAS, the Board of County Commissioners of St. Lucie y �
r•
3 n
County, Florida, has made the following determinations: n
OG
Z H.
1. Section 196.1995, Florida Statutes, provides the Board of rt
00
on
County Commissioners may hold a referendum granting Economic x G
rt
Development Ad Valorem Tax Exemptions under Section 3, Article VII 0 1
OD U2
of the State Constitution. Nct
2. This Board believes that amending Chapter 1-19.3 W
0
(Taxation) of the Code of Ordinances of St. Lucie County, Florida, H
�o
` by creating Economic Development Ad Valorem Tax Exemptions for a M 0
G
new or expanding business is in the best interest of the health, Nr
safety and public welfare of the citizens of St. Lucie County,
0
Florida. 0
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
fitrruek thrreegh passages are deleted. Underlined passages are
added.
1
PART A. AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA.
Chapter 1-19.3 (Taxation) of the Code of Ordinances of
St. Lucie County, Florida, is hereby amended by creating Article V
(Economic Development Ad Valorem Tax Exemptions) to read as
follows:
Chapter 1 -19.3
TAXATION
ARTICLE V. ECONOMIC DEVELOPMENT
AD VALOREM TAX EXEMPTIONS
Section 1-19.3-51. Short Title.
This Ordinance shall be known as County Ordinance No. 92-24,
"Economic Development Ad Valorem Tax Exemption Regulations of St.
Lucie County, Florida."
Section 1-19.3-52. Enactment and Authority.
Pursuant to Section 3 Article VII of the State Constitution
and in accordance with Chapters 125, 163, 192, 196 and 214, Florida
Statutes and Florida Department of Revenue Rules, Chapter 12D-7
Florida Administrative Code, incorporated municipalities and
counties individually or in combination are authorized and
empowered to adopt, amend or revise and enforce an ordinance
relating to economic development ad valorem tax exemptions, after
the electors of such municipality or county, voting on the question
in a referendum, authorize the adoption of such ordinance.
passages are deleted. Underlined passages are
added.
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Section 1-19.3-53. Jurisdiction.
The area sub-iect to this Ordinance shall be incorporated and
unincorporated St. Lucie County.
Section 1-19.3-54. Purpose and Intent.
The public health safety comfort, economy, order,
convenience and general welfare require the harmonious, orderly and
progressive development of new business and expansion of existing
business within Florida and its incorporated municipalities and
counties In furtherance of this general purpose counties by
Chapters 125 163, 192 196 and 214, Florida Statutes and Florida
Department of Revenue Rules Chapter 12D-7, Florida Administrative
Code, are authorized and empowered to adopt, amend' or revise and
enforce measures relating to economic development ad valorem tax
exemptions for new business and expansion of existinq business. It
is the intent'of this Ordinance to secure or to ensure:
2.
Appraiser's report on that application.
3.
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4.
Any exemption shall be up to a full ten (101 year period
from the time the exemption is granted.
5. No exemption shall be granted on the land which new or
expanded businesses are to be located.
6. No exemption shall be granted on school or water
management district taxes, or on taxes levied for payment
of bonds or taxes authorized a vote of the electors of
the County pursuant to Sections 9 or 12, Article VII, of
the State Constitution.
Section 1-19.3-55. Definition of Terms.
The followina words. phrases and terms shall have the same
meanings attributed to them in current Florida Statutes and the
Florida Administrative Code. except where the context clearly
indicates otherwise:
1. Applicant - Any person or corporation submitting an
Economic Development Ad Valorem Tax Exemption application
to the Board.
2. Board - The St. Lucie County Board of Commissioners.
3. Business - Any activity engaged in by any person,
corporation or company with the object of private or
public gain, benefit, or advantage, either direct or
indirect.
3.1 New Business -
a. A business establishing 10 or more jobs to
employ 10 or more full-time employees in this
County, which manufactures, processes,
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compounds, fabricates, or produces for sale
items of tangible personal property at a fixed
location and which comprises an industrial or
manufacturing plant;
b. A business establishing 25 or more Jobs to
employ 25 or more full-time employees in this
County, the sales factor of which, as defined
by s 220.15(5), Florida Statutes, for the
facility with respect to which it requests an
economic development ad valorem tax exemption
is less than 0.50 for each year the exemption
is claimed. No business engaged in retail
operations as defined herein shall be eligible
for an exemption pursuant to this subsection
b; or
C. An office space in this state owned and used
by a corporation newly domiciled in this
County; provided such office space houses 50
or more full-time employees of such
corporation; provided that such business or
office -first begins operation on a site
clearly separate from any other commercial or
industrial operation owned by the same
business.
passages are deleted. Underlined passages are
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d. Any business located in an area designated
enterprise zone that first begins operation on
a site clearly separate from any other
commercial or industrial operation owned by
the same business.
3.2 Expansion of Existing Business
a. A business establishing 10 or more jobs to
employ 10 or more full-time employees in this
County, which manufactures, processes,
compounds, fabricates, or produces for sale
items of tangible personal property at a fixed
location and which comprises an industrial or
manufacturing plant; or
IL. Any business establishing 25 or more jobs to
employ 25 or more full-time employees in this
County, the sales factor of which, as defined
by s.220.15(5), Florida Statutes, for the
facility with respect to which it requests an
economic development ad valorem tax exemption
is less than 0.50 for each year the exemption
is claimed provided that such business
increases operations on a site colocated with
a commercial or industrial operation owned by
the same business, resulting in a net increase
in employment of not less than 10 percent or
passages are deleted. Underlined passages are
added.
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an increase in productive output of not less
than 10 percent. No business engaged in
retail operations as defined herein shall be
elicible for an exemption pursuant to this
subsection b.
c. Any business located in an enterprise zone that
increases operations on a site colocated with
a commercial or industrial operation owned by
the same business.
3.3 Business engaged in retail operations - a business
engaged in a sale to a consumer or to any person of
an item of tangible personal property for any
Purposes other than for resale.
6. Department - The Florida Department of Revenue.
5. Improvements - Physical changes made to raw land, and
structures placed on or under the land surface
All personal property acquired to facilitate an
expansion of an existing business provided that the
personal property is added or increased on or after
the day the ordinance is adopted. However, Dersonal
property acquired to replace existing property shall
not be considered to facilitate a businesses
expansion.
6. Sales Factor - A fraction the numerator of which is the
total sales of the taxpayer in this state during the
&tree} passages are deleted. Underlined passages are
added.
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taxable year or period and the denominator of which is
the total sales of the taxpayer everywhere during the
taxable year or period. (See Section 220.15(5), Florida
Statutes for specifics of computation).
Section 1-19.3-56. General.
The Economic Development Ad Valorem Tax Exemption is_a local
option tax incentive for new or expanding business which may be
granted or refused at the sole discretion of the Board. To apply
for such an exemption a business locating or expanding in the
corporated or unincorporated area of St. Lucie County must file an
application (Florida Department of Revenue Form DR-418,_- See
Attachment 11 with the Board.
Satisfactory proof that the business meets the criteria for
exemption as a new business or expansion of an existing business as
defined by this Ordinance must accompany the Application.
The Application shall be filed on or before 1 March of the
year in which an exemption is requested.
Exemption from County tax may only be granted by the Board.
The exemption granted under this Ordinance shall not accrue to
improvements to real Qroperty made by or for the use of new or
expanding businesses when such improvements have been included on
the tax rolls prior to the referendum authorizing this Ordinance.
Section 1-19.3-57. Procedure.
Before the Board acts on an application, it must be submitted
to the Property Appraiser for review. After careful consideration,
passages are deleted. Underlined passages are
added.
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the Property Appraiser shall report to the Board concerning the
fiscal impact of granting exemptions.
The Property Appraiser's Report shall include the following:
t
2.
3.
4.
After consideration of the report of the Property Appraiser,
the Board may choose to adopt an Ordinance granting the tax
exemption to a new or expanding business. The Ordinance shall be
adopted in the same manner as any other ordinance of the County.
The Ordinance shall include the following information;
1. The name and address of the new or expanding business.
2. The amount of revenue available from ad valorem tax
ad valorem tax exemptions currently in effect, and the
ntnf-ovM+ n-F oatimatPr] rP_vP_nnP which •,,ould be foregone
business.
3. The expiration date of the exemption (Up to ten years_
from date of Board adoption of the Ordinance granting the
exemption)
4. A finding that the business meets the definition of a new
business or an expansion of an existing business.
passages are deleted. Underlined passages are
added.
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5.
Section 1-19.3-58. Fees.
Fees charged to off set the cost of processing the Economic
Development Ad Valorem Tax Exemption Application or any Exemption
Ordinance shall be adopted by the Board by resolution.
Section 1-19.3-59. Eligible Business or Industry.
Any business or industry, as defined in Section 1-19.3-55,
Paragraph 3.1 and 3.2, that does not gualify as an ineligible
business or industry as defined in Section 1-19.3-60.
When considering the issue of whether or not a business or
industry is an eligible business as defined herein, the Board shall
consider the anticipated number of employees, average wage, type of
industry or business, environmental imRacts, volume of business or
Production or any other information 'relatinct to the issue of
whether the proposed development would significantly improve
economic development in St. Lucie County Prior to accepting the
Economic Development Ad Valorem Tax Exemption Application. The
criteria for determining the length of an exemption and the
Percentage amount of an exemption may be formulated by the Board by
resolution. The criteria shall provide for incentives for
businesses that employ St. Lucie County residents who establish
Permanent domicile pursuant to Florida Statutes.
Strruek thr-passages are deleted. Underlined passages are
added.
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Section 1-19.3-60. Ineligible Business or Industry.
Any business or industry in violation of any federal, state,
or local law or regulation governing environmental matters such as
air, water, and noise pollution.
Section 1-19.3-61. Appeals.
The decision of the Board not to grant an Economic Development
Ad Valorem Tax Exemption to a particular business or industry is
subject only to judicial review pursuant to the Florida Rules of
Appellate Procedure.
Section 1-19.3-62 - 1-19.3-70. Reserved.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to January
1, 1969, 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 AND APPLICABILITY.
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.
GtEuek thEeugh, passages are deleted. Underlined passages are
added.
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PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy
of this ordinance to the Bureau of Administrative Code and Laws,
Department of State, The Capitol, Tallahassee, Florida, 32304.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect only upon approval by the voters
on November 3, 1992 of the ballot question authorized by the Board
in Resolution No. 92-175.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Jim Minix AYE
Vice Chairman Jack Krieger AYE
Commissioner Judy Culpepper AYE
Commissioner Havert L. Fenn AYE
Commissioner R. Dale Tref elner AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of St. Lucie County, Florida, and the word ""ordinance"
may be changed to "section", "article", or other appropriate word,
and the sections of this ordinance may be renumbered or relettered
to accomplish such intention; provided, however, that parts B to G
shall not be codified.
Str-eek thEealg}; passages are deleted. Underlined passages are
added.
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PASSED AND DULY ADOPTED THIS 6th day of October, 1992.
ATTEST:
HOARD OF COUNTY COXXISSI,OMUi ,
ST. LUCIE COUNTY, FLORIDA,
42��h4 L
CHAIRMAN `t
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added.
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N.12/40 ECONO DEVELOPASENTAD VALOREM _: KEMPTION
01311ter 196. Florida Statutes
V* be filed with the Board of County Commissioners, the governing board Of the MuhU fpallty, or both, no later then March 1 of the year the al%mption Ig
besitOd 10 tak. affect.
I. Wsiweea Neme no Melling AOdrass: '
2.
7.
e,
S.
6
— v - ., e.,,c one —snariOne number at Owher or person in Charge Of this business:
Name
Telephone Number
Exact Location (Legal Description and Street Adahns) of property for which this atom it filed: rib
b0
Date YOU began, or will pagin, business at this facility:
A. DasCTIPtlon at the Improvements to real property for which this exemption Is requested;
b. Date of eemmeneem.nt of Construction of Improvements:
a Deserts, n of the taP9111e I Mbnaa Property for which thk exemption is requested and hate when property cats, or is to be, puMhaseO:
TAXPAYERSS b
V T (MATE
OF TAXPAYERS
DATE CONDITION ESTIMATE OF
orORIGINAL a FAIR MARKET
CLASS OR ITEM AGE PURCNASE COST e VALUE
se c
C APPRAISER'S
a USE ONLY
e N
p. A"ra" Value of Inventory Om hand:
a Any ♦ddltlonat personal property not Ilated above for whleh an exemption I$ etallered Must be MtUmdad on term DR-405 (Tangible personal Property Tax
RatUm) and a COPY attached to this form.
T. De you do"M exemption as a "New Business- ❑ or u an r'Experdlon of on Existing Must..-, ❑
1. Deaeribe the Type or Nature of Your Business:
9. Trade Level (Choose as many at apply): Retail D W"wl is ❑ Manufacturing ❑ ►rolesalonal ❑ &.nice D Office O Other C.1
/B. a Number of ftlo-time Om PIOYOOI to be employed in Florian
L If an "Ps
nslon of an existing blafinesr.
(t) Net inereaa, In Employment
or
(2) Increase In productive pulp., re..Itinc from this expan _
11. Sales factor for teat facility req.esting exemption:
Total sales in Florio. from this facility -One (1) location only div10e0 DY
Total ales aeetywhere from this facility -One (1) location only t2. For office space owned and used by a corporation new7lly domiciled In Florida: e
A. Date of incorporation In Florida:
bs Number Of Full-time employ*.$ at this location:
U. It MQUOsting an axamiption due to location in a slum or blighted area, please furnish Such additional Inf Ortmatlan as nqulre0 by the County Commission,
City Commission, or Property Appraiser.
I hereby request the adoption of an Ordinance Ilranling an exemption from ad valorem taxation on me above prPpertY Pursuant t0 Section 199.1925, Florida
Boas tst. I agree to furnish such other reasonable information as the Board of County Commissioners, the governing authority Of the municipality, or the ►rep-
ll9t ZPraiser may request in regard to the exemption requested herein, 1 hereby certify that the information and valuation stated above by me Is one, eorect,
.red Complete tec the best Of DIY knowlsOge and oelief, (If Prepared by someone other than the taxP.Yer, his deel.railan is based on all Ins drrrsation of can lcn he
aW any knowleegc.)
DATE: SIGNED:
(P-Parer)
SIGNED:
fiax►ayer)
TITLE:
(Preparer'$ Acores$)
fPreparWs Telephone Number)
PROPERTY APPRAISER'S USE ONLY
L Total -.—U. avalU isle to the county Or municipality for the current fiscal Year from ad valorem tax s .Mss:
IL Revenue lest tb the county or or municipality for th. current fiscal year by virtue of ... h plicien previously grantee under this section:
gal. Estimate of the revenue wmich would be lost to the county or municipality during the Current fiscal Year it the exemption applied for wen
y granted peed the
P►t1Yy for which the exemption Is requested ptherwil. been subject 10 taxation;
IV.Pa Estimate of the taxable value lost 10 the county or municipality if the exemption applied for were granleo:
erwere—e U to real properly Penonal Property
V. 1 ware dttermi nod the, ine Pro Pe r,Y lit tt^d above meets In definition, as Oelined by Section 1 96.0121♦
tttsseansion of an Existing Business V , or Neither t 1 or (IS), Florida Statute,. al a New puslneas V,
♦I. Lail Year on, which exemption may be applied
GATE
SIGNED:
IIWTURN TO BE FILED NOT LATER TITAN MARCH i
- ATTACHMENT I
Wvopersy AO Ora her)
OR BOOK 0823 PAGE 2 6 1 4
GENERAL INFORMATION
Under the consitutional amendment passed by the voters of Florida on October 7. 1980. tax exemptions can he
granted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allow
exemptions for that city or county. Section 196.1995, Florida Statutes, requires that a referendum be held if: (1) Thr
board of County Commissioners or governing authority of a municipality (city or county commission) votes to hoic
such a referendum. or ('_) If the county or city commission receives a petition signed by ten percent of the registered
voters of the county or city. This referendum question can then be placed before the voters of a city or county at any
regular election or special election called for voting on the tax incentive referendum or for any other purpose.
If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business
New Business
(a) A manufacturer which establishes ten or more full-time iobs.
(b) A business with more than 50ir of its sales outside the State of Florida which establishes 25 or more
jobs.
(c) Office space of a new Florida corporation housing 50 or more full-time employees of the corpc•-
ration.
(The above are applicable if the business is on a site clearly separate from any, other facility owned by tilt
same company.)
(d) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes.
Expansion of an Existin!; Business
la) A manufacturer toles adds a minimum of ten new employees and increases employment by 107r or
increases productive output by a minimum of 10%.
(b) A business with more than 50% of its sales outside the State that adds a minimum of 25 new em -
pioyees and increases employment by 10% or increases productive output by a minimum of 10'%.
The expansion must be on the same or a colocated site of the business' current operations.
11 a business meets one of the above definitions as anew or expanding business. it must then file this applica-
tion with the county or city commission or both.
After the city or county commission receives this application. it must submit the application to the county
property appraiser for review, After the property appraiser makes the report as to the fiscal impact of granting the
exemption, the county or city commission shall then adopt an ordinance in the usual manner -granting the exemptior.
if it chooses to do so.
A business cannot receive exemption from school taxes or water management district taxes. Also. a business
must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies
authorized by the voters of a city or county.
The exemption can only be for the improvements to the real property and for Tangible personal property. The
fond on which the new or expanding business is to be located will still be taxed ant+ T- •s must be paid on it.
The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A
city can only exempt its taxes: a county can only exempt its taxes. All other taxes must be paid.
This exemption shall first apply to the 1981 assessment rolls.
aeealon 1e3-34,111 Florida statutes, "Slum
pea" means an &red in which there is a pre.
aominance Of buildings Or improvements,
panther reslOentlal or nonresidential, which by
reason at dllaoloation, deterioration, age or
obsoleseenance inadeauste provision for "hills.
eren, light, air, sanitation, or often spaces, high
eansl I e1 population and Ovarcrowding, the ex.
Istence OI eondltlons wnlcn moan Der lit& or oro-
perry av fire O, pone, cause:-, h' an_. com—
annn n' such I&c:or,-I: cnno.cl- to ,n Mean•.
lransm,ss,on Ol Or*s. s, ,.Iran; 110—w,j , )uvenr.e
eelln Ovency, or crime atop is deIrtmental to the
eYblic health, safety, morals or welfare.
ga) "Blighted area" means an area In which
Mare are a substantial number of slum, deferl.
Bated, or deteriorating structures and conditions
h endanger life o, Property by fire O, Other
aaYMs or brit or more Of the following factors
watch sulistMtlally impairs or arrests the sound
growls of a county or municipality and is a
IMnsce to Ise PubIIC health, solely, morals, or
waltare In ITS present Condition and me;
is) Predominance of detective a, inacieouale
street layout;
401 Faulty lot layout In relation to file, so-
DOwcy, accesI)bit ty or user ulnas:
f) Uhsarntary or umete conditions;
an Oeterloration of site or otner improve,
giants;
10) Tax or special assessment delinquency ex.
@andIng IMe fair value O1 the land; and
11) Diversity at ownership or oeleclive or un.
Must conditions of title which prevents The Iret
lia&rrublllty of land within fne Oeterioraled or
staltardous area.
IMeason 106.011(1), Florida Statutes . Failure to
nsake 40011citlon by March 1 at anv veal %Mall
eonsftiute a walver O( the exemption for that
Vaal,
Section 1116.012114) and (15), Florida Statutes,
%eta) "New business" means;
fa) A bus.nass establishing 30 To, more ions 10
employ, 10 or more full.time employe., in
Flerltao. which manufactures, processes, com-
esOnds, taoricates, Of Produces for sale Items of
tangible Personal orcoefty at a fixed location and
which comprises an .nauslrial or manulacluring
Front; hr
STATUTORY DEFINITIONS
(2) Any business establishing 25 or more loos
to employ 25 or mote lull -lime em Dloyeas in
Flortaa, Ina Hles factor of whi", as delineo by
s. 214.71(3), Tor tore lacllity with restsecl to
wnicn 11 redueats an economic CeveloOmem ad
valorem tax exemption Is less than 0.50 for each
year the exemption Is Clalmeo; or
(3) Any olliCe spalt in Florio& owned atop
uss0 ov a COracration newly domicitra in Ftattoo
PrUwpep sucn "Nice :pact n 50 n marl
fulnirnl' !mhiovee: hr sucn COrooraPOn ---
es that such business a, Olt.ct fr j peg,h, oD.,.
&loon on a site clearly separate loom any otne,
commercial or indualrlal operations owned by
the Hint butfnnl.
(0) Any business located In an area des.gnat.0 a
Slum of bilgnled area pursuant to s. 163.355. For
the DurOOss of this section, the terms slum area
or blighted area snail nave the some meaning as
in s. 163.340471 one 18).
(15) "Expansion of an ealsting businns" means:
(4) A bus,hess establishing 10 a, mare )Obs to
employ 10 or more lull -time employees in
Florida, which manufactures, processes, com.
pounds, la0rodeles, or Produces toy sale items or
tang' Die personal PrODeny at a fixed Idcslion
and which comprises an Industrial or manutact•
uring plant; or
Lb) Any business establishing 25 or Mort lobs
to employ 25 or more full-time employees to
Florida, whose sales tact Or as oeflneo oy S.
224,71(3) for the facility with respect to wMicn
it redYestS an economic 04WODmen1 &a valorem
tax exemption is less tn&n 0.50 lot ascot year the
exemption Is Claimed;
Provided that such business increases operations
On a site Colocated with a commercial or Indust.
Mot operation ownea by the same business, re-
sulting In a net increase In employment Of not
less Inan i0 percent or an increase in p,da.Ctive
Output of not less Than 10 percent.
Section 214,71(3), Florida Statutes • Sales Factor
(3) The fain factor is a Traction the numer.
ator of which is the total sales 01 the taxpayer in
this state during the 18xablt year Or Period &old
the denominator of which IS the total Sales of the
taxpayer everywhere Outing the taxable year or
der. Oa.
la)1. Sales of tangible Personal D,OOe11y are
to this flitin it the property Is delivered O, sh,p.
and to a ourc Mser within tolls state, regardless of
The 1.O.o. Point or other concillions at the $ale.
2. When Citrus fruit 11 oellvereo oy a Cooper.
stive let a grower -member, by a grower-membe•
to a cooperative, or by a grower-panieipant to a
Florida orodaalOr, the sales factor tot such grow -
en for such citrus fruit delivered to such prod".
set %Mall be tote same as Into sales lector 1O1 the
most recent taxable year o1 fnel PfOeessOf. 1—
so,e!. tact O,. C.P,ess.c On,y as a percemaoe an'
no, on rims at me polls, volume no Sala,. so
10 project Ine con lloentia Illy at Int "in Of In,
Processor, shall be turnisneo On the renv^ l o'
such s grower Promptly attar It has been dolor•
mined for 1Mt taxable year.
3. Reimbursement of expenses under an 49ency
contrast petwean a cooperative, a grower -mem-
ber of a cooperative, or a grower and a pf"MSCI
will not be Oeenrap a Sale within the state.
(b) Sales of a financial Organization, including,
but not limited to, banking ono Savings instill, -
lions, inv"SmeMl companies. real estate invest.
ment trusts, &no brokerage companies, Shall be in
Isis $tate it Oerive0 loam:
1. Fees. commissions, Or Other compensation
toy financial services renperea within this state
2. Grws profits from trading In stocks. Do—
or Pine, securities mansised within tn)s state
3. Interest and oivioenps received within trill
slate;
4. Imerest charged to customers at Places O'
business nfarnlaln ro within this stale for C&rryin(
debt; Dalances OS margin accounts, without ar.
cluctiOn of any costs Incurred in Carrying such a,
counts; and
5. Any other gross ,ncomr resulting it.- the
operation as a financial organization wltnm tn.,
state.
In Computing the arnounts referred t0 ,n this
paragraph, env arno—i received ay a member o'
dal lT tl lief ec qro up (04jermtheci under S. 15D41A)
O1 tnC Initrnil Rehenue Co00, -put without Is.
Terence to Whether any such Corporation is On
"ineludeDle Corporation" under S. 1504tb) OI'hr
Internal Revenue Code) loom another memor, of
Such group SMII be Included Only to the ..Wrl
such amount eX w ..Dense, of tnt recipient
directly rallied Instate.
O O 9 Z S9rdd
E Z 9 0 X009 BO
c
e
•
RESOLUTION NO. 03-258
A RESOLUTION ESTABLISHING APPLICATION
PROCEDURES AND A REVISED PROPERTY TAX EXEMPTION
ELIGIBILITY CHART AND PHASE OUT SCHEDULE FOR
NEW OR EXPANDING BUSINESSES APPLYING FOR AN
ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On November 5, 2002, the voters in St. Lucie County approved a referendum
authorizing the Board of County Commissioners to grant a local option economic ad valorem
tax exemption.
2. On October 6, 1992, this Board adopted Ordinance No. 92-24, which amended
Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by
creating Article V - Economic Development Ad Valorem Tax Exemption. Section 1-19.3-59
(Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of
criteria for determining the length of an exemption and the percentage amount of an
exemption pursuant to resolution of this Board.
3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing
a property tax exemption eligibility chart and phase out schedule for new or expanding
businesses.
1
4. The Board desires to adopt new application procedures and a revised eligibility
chart and phase out schedule for the County's Economic Development Ad Valorem Tax
Exemption Program,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board hereby adopts the application procedures and revised Property Tax
Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and
referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax
exemption for new or expanding businesses.
2. The Board shall have the discretion to modify the eligibility requirements based
on other significant factors including, but not limited to, the following:
a) The increase in local employment attributable to the new or expanding
business;
b) The unemployment and underemployment of the available local labor
force and the types and wages of jobs created therein;
c) The amount of capital investment purchased by the new or expanding
business;
d) The ability of the County to otherwise meet its total fiscal needs should
the requested exemption be granted;
2
e) The cost of any increased local government services, including but not
limited to roads, water, sewer, gas and law enforcement, and other direct expenditures
associated with that specific business.
3. The Board reserves the right to require a company receiving an ad valorem tax
exemption from the County to refund the exemption amount with interest in the event the
company closes the facility that was the subject of the exemption within fifteen (15) years
after the Board grants the exemption.
4. Resolution No. 02-196 is rescinded upon adoption of this resolution.
5. This Resolution shall take effect upon adoption.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes AYE
Vice Chairman Paula Lewis AYE
Commissioner Doug Coward NAY
Commissioner John Bruhn ABSENT
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 28th day of October, 2003.
BOARD OF COUNTY COMMISSIO
A�t'EST: ST. LUCIE COUNTY A
/ BY.
e uty Clerk .. Chaan
3
APPROVED AS TO FORM AND
BY:
4
Ad Valorem Tax Exemption Program
St. Lucie County
The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the
application and instructions for the Economic Development Ad Valorem Tax Exemption
Program, which is designed to assist economic development through exempting certain
property taxes. First, to help determine if you qualify under this incentive program, you
should read Section IV, "Do You Qualify for a Tax Exemption".
If you have any questions about this program, including eligibility, or regarding the
application process, please contact Victoria Stalls, Economic Development Analyst, at
(772) 462-2536.
Table of Contents
I. Program Intent
II. Enactment Authority
III. Definition of Terms
IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption"
V. Application for Exemption
VI. Exemption Application Process
VII. Contact Source for Assistance
Attachments
A. State Application, County Supplemental Application, Annual Report
Forms
B. Economic Development Ad Valorem Tax Exemption Ordinances:
Ordinance #92-24
C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16)
F.S.
D. St. Lucie County Tax Exemption Guidelines
1
I. Program Intent
The St. Lucie Board of County Commission, in Florida believes that local government
should support economic growth by providing an incentive for County employment
opportunities that will lead to the improvement in the quality of life for County residents,
positive expansion of the economy in terms of new jobs and improvements to real and
personal property, and creating jobs in such a way so as not to disadvantage existing
businesses while recognizing that productive competition fosters economic growth.
The Economic Development Ad Valorem Tax Exemption is a local option tax incentive
for new or expanding businesses, which may be granted at the sole discretion of the
Board of County Commissioners. Incentives could be provided to businesses of diverse
industries that would have a positive impact on the County's economy.
Any exemption granted may apply up to one hundred percent (100%) of the assessed
value per Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all
improvements to real property made by or for the use of a new business and of all
tangible personal property of such new business, or up to one hundred (100%) of the
assessed value of all added improvements to real property made to facilitate the
expansion of an existing business and of the net increase in all tangible personal
property acquired to facilitate such expansion of an existing business, provided that the
improvements to real property are made or the tangible personal property is added or
increased after the date of the preliminary application or one year prior to the filing of
the final application. Property acquired to replace existing property may not be
considered to facilitate a business expansion. The exemptions may not apply to
improvements to real property made by or for the use of new or expanding businesses
when such improvements have been included on the tax rolls prior to the preliminary
application or one year prior to the filing of the final application.
The ability to receive an exemption for the period granted is conditioned upon the
applicant's ability to maintain the new business or the expansion of an existing business
as defined in Section III.E. and H. throughout the entire exemption period. The
applicant will be required to submit a report on an annual basis to the County
evidencing satisfaction of this condition. The annual report shall be submitted on the
attached form. In addition, any business granted an exemption will furnish to the
County or its designee such information as the County or its designee may reasonably
require for the purpose of determining continued performance by the business of the
conditions stated in the exemption ordinance and the representations made in the
application.
2
Enactment Authorit
Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995
Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax
Exemptions after the electors of the County, voting on the question in a referendum,
authorize such exemptions. In a referendum held on this issue on November 5, 2002,
the voters of St. Lucie County authorized the County to grant Economic Development
Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St.
Lucie County where the County is the taxing authority.
The exemption applies only to taxes levied by St. Lucie County, where the County is the
taxing authority. The exemption does not apply to taxes levied by the school district or
water management district, fire district or to taxes levied by the voters for the payment
of bonds or other special taxes authorized by a vote of the electors pursuant to Section
9 and Section 12. Article VII, of the Florida State Constitution.
The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is
entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie
County, Florida". Resolution No. 03-258 provides additional guidelines for
implementation of the Ad Valorem Tax Exemption Program.
III. Definition of Terms
The following words, phrases, and terms shall have the same meanings attributed to
them in current Florida Statutes and the Florida Administrative Code, except where the
context clearly indicates otherwise:
A. Applicant — Any person, firm, partnership, or corporation that files an
application with the St. Lucie Board of County Commissioners seeking an
economic development ad valorem tax exemption.
B. Business — Any activity engaged in by any person, firm, partnership,
corporation, or other Business organization or entity, with the object of
private or public gain, benefit, or advantage, either direct or indirect.
C. County — St. Lucie County.
D. Department — The Florida Department of Revenue.
E. Expansion of an Existing Business:
As defined in Section 196.012(16), Florida Statutes, an Expansion
of an Existing Business means:
(a) A business establishing ten (10) or more jobs to employ ten
(10) or more full-time employees in this State, which
manufactures, processes, compounds, fabricates, or
produces for sale items of tangible personal property at a
fixed location and which comprises an industrial or
manufacturing plant;
(b) Any business establishing twenty-five (25) or more jobs to
employ twenty-five (25) or more full-time employees in this
State, whose Sales Factor, as defined by Section 220.15(5),
Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax
exemption is less than 0.50 for each year the exemption is
claimed; or
(c) Any business located in an Enterprise Zone that increases
operations on a site collocated with a commercial or
industrial operation owned by the same business.
2. Any expansion of an existing business must increase operations on
a site collocated with a commercial or industrial operation owned by
the same business, resulting in a net increase in employment of not
less than ten percent (10%) or an increase in productive output of
4
not less than ten percent (10%). The ten percent (10%)
requirement does not apply to Enterprise Zones.
F. Extraordinary as determined by St. Lucie Board of County
Commissioners.
G. Improvements — Physical changes made to raw land, and structures
placed on or under the land surface.
H. New Business - As defined in Section 196.012(15), Florida Statutes, a
new business means:
1. A Business establishing ten (10) or more jobs to employ ten (10) or
more full-time employees in this State, which manufactures,
processes, compounds, fabricates, or produces for sale items of
tangible personal property at a fixed location and which comprises
an industrial or manufacturing plant; or
2. Any business establishing twenty-five (25) or more jobs to employ
twenty-five (25) or more full-time employees in this State, whose
Sales Factor, as defined by Section 220.15(5), Florida Statutes, for
the facility with respect to which it requests an economic
development ad valorem tax exemption is less than 0.50 for each
year the exemption is claimed; or
3. An office space in this State owned and used by a corporation
newly domiciled in this State; provided such office space houses
fifty (50) or more full-time employees of such corporation; or
4. A business located in an Enterprise Zone (pursuant to Section
290.0065, Florida Statutes).
5. Any new business must first begin operation on a site clearly
separate from any other commercial or industrial operation owned
by the same Business.
Property within a Community Redevelopment Area (CRA) — Any property
located within a CRA created pursuant to Section 163.330, et.seg. Florida
Statutes where a portion of the County tax revenue will go directly to the
CRA.
J. Real Property — Shall be defined in Section 192.001, Florida Statutes.
K. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the
sales factor is a fraction, the numerator of which is the total sales of the
taxpayer in this State during the taxable year or period and the
5
denominator of which is the total sales of the taxpayer everywhere during
the taxable year or period.
L. State — State of Florida.
M. Tangible Personal Property — Shall be as defined in Section 192.001,
Florida Statutes.
,:�
IV. Qualification for Tax Exemption "Do You QualifV for a Tax Exemption"
Before completing an application, please read the following eligibility requirements that
determine whether you qualify for a tax exemption under the "Economic Development
Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92-
24),
A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie
County and to expansion of businesses already situated in St. Lucie
County.
B. New or expanding businesses must make a positive contribution to the
economy of St. Lucie County in terms of new jobs and improvements to
real and personal property.
C. Incentives are applicable to businesses of diverse industries with the
exception of retail operations.
D. Any and all exemptions granted must result in an economic benefit to the
County, i.e., exemptions would support St. Lucie County and its existing
businesses.
E. The applicant must be a person, firm, partnership, or other Business
organization or entity, with the object of private or public gain, benefit, or
advantage, either direct or indirect.
F. New Business
1. As defined in Section 196.012.(15), Florida Statutes, a new
Business must meet the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten
(10) or more full-time employees in this State, which
manufactures, processes, compounds, fabricates, or
produces for sale items of tangible personal property at a
fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to
employ twenty-five (25) or more full-time employees in this
State, whose Sales Factor, as defined by Section 220.15(5),
Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax
exemption is less than 0.50 for each year the exemption is
claimed; or
7
(c) An office space in this State owned and used by a
corporation newly domiciled in this State; provided such
office space houses fifty (50) or more full-time employees of
such corporation; or
(d) A Business located in an Enterprise Zone (pursuant to
Section 290.0065, Florida Statutes).
(e) Any new business must first begin operation on a site clearly
separate from any other commercial or industrial operation
owned by the same business.
G. Expansion of an Existing Business
1. As defined in Section 196.012(16) Florida Statutes, an Expansion
of an Existing Business must meet the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten
(10) or more full-time employees in this State, which
manufactures, processes, compounds, fabricates, or
produces for sale items of tangible personal property at a
fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to
employ twenty-five (25) or more full-time employees in this
State, whose Sales Factor, as defined by Section 220,15(5)
Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax
exemption is less than 0.50 for each year the exemption is
claimed; or
(c) Any business located in an enterprise zone that increases
operations on a site collocated within commercial or
industrial operation owned by the same business.
2. Any expansion of an existing business must increase operations on
a site collocated with a commercial or industrial operation owned by
the same business, resulting in a net increase in employment of not
less than ten percent (10%) or an increase in productive output of
not less than ten percent (10%). The ten percent (10%)
requirement does not apply to Enterprises Zones.
H. The exemptions shall not accrue to improvements to real property made
by or for the use of new or expanding businesses when such
improvements have been included on the tax rolls prior to the preliminary
application or one year prior to the filing of the final application.
I. Property acquired to replace existing property shall not be considered to
facilitate a business expansion.
J. No exemption shall be granted for the land upon which new or expanding
businesses are to be located.
K. The ability to receive an exemption for the period granted is conditioned
upon the applicant's ability to maintain the new business or the expansion
of an existing business throughout the entire period.
L. Any existing business in violation of any federal, State, or local law or
regulation governing environmental matters is not eligible for an
exemption.
E
V. Application for Exemption
A. Any eligible person, firm, partnership, or corporation, which desires an
exemption, must file with the County's Economic Development Division,
an application prescribed by the State Department (Form DR-418, and
County Supplemental application.
B. The application requests that the County adopt an ordinance granting the
applicant the exemption and includes, at a minimum, the following:
1. The name and location of the new business or the expansion of an
existing business;
2. A description of the improvements to the real property for which an
exemption is requested and the date of commencement of
construction of such improvement and estimated completion date;
3. A description of the tangible personal property for which an
exemption is requested and the dates when such property was or is
to be purchased.
4. Proof, to the satisfaction of the County, that the applicant meets the
criteria for a new business or for an expansion of an existing
business as defined in Section III;
5. The following information:
(a) anticipated total number of employees and new employees;
(b) expected number of employees who will reside in St. Lucie
County;
(c) average wage of employees (excluding the top executive's
salary);
(d) type of Industry or business;
(e) environmental impact of business;
(f) anticipated volume of business or production;
(g) whether relocation or expansion would occur without the
exemption;
(h) cost and demand for services;
10
(i) source and supplies (local or otherwise);
(j) whether business will be/is located in a community
redevelopment area;
6. Other information deemed necessary by St. Lucie County.
C. If a new Business or an Expansion of an Existing Business is locating in a
Community Redevelopment Area, the Community Redevelopment Board
shall be provided with a copy of the application for review and comment.
Input from the Community Redevelopment Board will be considered in
deciding whether an application is to be granted. Should the Community
Redevelopment Board object to the granting of Tax Exemption, the
agency may submit an objection in writing to the BOCC for its
consideration.
11
VI. Exemption Application Process
The "fully completed" Economic Development Ad Valorem Tax Exemption final
application must be filed with the St. Lucie County, Economic Development Division, by
a representative of the company. The threshold for eligibility is whether the Business
meets the definition of a new business or of an expansion of an existing business as
defined in Section III, and one which is not an ineligible Business or industry.
The County will take action on the final application, including the enactment of the
required ordinance should the County decide to grant the exemption, within ninety (90)
days from the date that a fully completed final application is accepted. During this 90-
day period, interested agencies and parties will have an opportunity to review and
comment on the application. To impact the November tax bill, the final application must
be submitted by March 1 st of the same year. The following steps provide the applicant a
reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax
Exemption process and requirements.
Step 1: Preliminary Application Submittal: It is recommended that anyone
contemplating whether to file an exemption application must first contact the County's
Economic Development Division, and request a meeting to assess the feasibility of filing
an exemption application and acquire assistance in completing the preliminary
application.
Step 2: Submission of Preliminary Application to the County: On behalf of the
applicant, the representative of the company will submit one original of the State
application, the County supplemental application, a one -page narrative describing the
business, and appropriate attachments. The applicant will also submit a map identifying
the location and configuration of the subject property with legal description.
Step 3: Preliminary Eligibility and County Commission Resolution: The County
Economic Development Office will accept and review the application for preliminary
eligibility. The Economic Development Division will review and notify the applicant of
eligibility and/or any application deficiencies within thirty (30) days of submission.
Step 4: Preparation of the Final Application: Upon receipt of the final application, the
County's Economic Development Division will: (1) determine eligibility; (2) request the
Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis;
and (4) advertise for a public hearing to consider adopting an exemption ordinance on
behalf of the business.
Step 5: Review, Analysis and Recommendation of the Property Appraiser and
EDD: Within a 90-day period, copies of the application are to be reviewed by the St.
Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue
will be referred to the County Attorney's Office for review and comment.
The Property Appraiser will review the application and provide in writing the fiscal
12
impact of granting the exemption, sign the State application, and forward to St. Lucie
County Economic Development Division's Office. As required by Florida Statute the
Property Appraiser's report will include the following:
1. The total revenue available to the County for the current fiscal year
from ad valorem tax sources or an estimate of such revenue if the
actual total available revenue cannot be determined;
2. The amount of revenue lost to the County for the current fiscal year
by virtue of exemptions previously granted, or an estimate of such
revenue if the actual revenue lost cannot be determined.
3. An estimate of the amount of revenue which would be lost to the
County for the current fiscal year if the exemption applied for was
granted had the property for which the exemption is requested
otherwise been subject to taxation; and
4. A determination as to whether the property for which an exemption
requested is to be incorporated into the new business or the
expansion of an existing business, or into neither, which
determination the Property Appraiser shall also affix to the face of
the application. Upon request, the Department will provide the
Property Appraiser such information as it may have available to
assist in making this determination.
St. Lucie County staff will review a copy of the application. The EDD staff will conduct
an economic impact analysis and forward its comments to the County Administrator.
Step 6: Preparation of the Exemption Ordinance: The Economic Development
Division will forward to the County Attorney's Office for preparation of the Ordinance
and for scheduling the exemption application and ordinance, including the report from
the Property Appraiser, the economic impact analysis from the Economic Development
Division, and the County staff recommendation to be considered by the St. Lucie
County Board of Commissioners.
After consideration of the application and the report of the Property Appraiser on the
application, the County may choose to adopt an ordinance granting the exemption to a
new or expanding business. If granted, the ordinance shall include the following
information:
1. The name and address of the new business or expansion of an
existing business;
2. The total amount of revenue available to the County from ad
valorem tax sources for the current fiscal year, the total amount of
the revenue lost to the County for the current fiscal year by virtue of
13
exemptions currently in effect, and the estimated amount of
revenue attributable to the exemption granted to the new or
expanding business.
3. The expiration date of the exemption, which is no more than ten
(10) years or less (depending on the duration of the exemption
granted) from the date the County enacts the ordinance granting
the exemption; and
4. A finding that the business meets the definition of a new business
or of an expansion of an existing business as set forth in Section III.
Step 7: The Guidelines for Determining the Percentage of Exemption. See
attached Program Guidelines for point calculation using number of jobs, hourly wage
and investment.
Then go to attachment Chart A which defines the exemption guidelines for determining
the tax exemption percentage per year for property located outside a CRA area or Chart
B is for property located within a CRA area.
Property located outside a CRA area will have the tax exemption on both Real Property
and Tangible Personal Property while a property located within a CRA area will have a
tax exemption on Real Property Only.
Note: These are guidelines only. Each exemption is determined on an individual case basis by
the Board of County Commissioners.
14
VII. Contact Source for Assistance
Exemption applications are available at the County's Economic Development Division in
the County Office on 2300 Virginia Avenue, Fort Pierce. Inquiries on the tax exemption
program will be handled by this County Division. However, the Property Appraiser's
Office will handle inquiries that pertain to Property Appraiser information only. An
applicant/agent who is trying to determine the viability of filing an application should
contact St. Lucie County Economic Development Division.
St. Lucie County
Economic Development Division
2300 Virginia Avenue
Fort Pierce, Florida 34982
(772) 462-1550 phone
(772) 462-1579 facsimile
Larry Daum, Economic Development Mgr.
Victoria Stalls, Economic Development Analyst
15
St Lucie County Ad Valorem Tax Exemption Program
Program Guidelines
New or Existing Business — Number of _fobs created Points
25-49
5
50-99
7
100-199
9
200+
10
Note: Existing business must be a minimum of 100/c increase in employees to qualify
Average Hourly Wage Rate for New Emolovees Points
Less than $12.00 per hour -4
90% of average - $12.00 per hour 2
Average - $13.34 per hour 4
25% above the average - $16.68 per hour 6
50% above the average - $20.00 per hour 10
100% above the average - $26.68 per hour 12
Capital Investment Points
$150,000 — $1,000,000 2
$1,000,001 - $5,000,000 4
$5,000,001 and up 6
Scoring - see Attachment I
Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual
or company documentation indicating that the business is going to be critical to attracting other
key businesses of that industry cluster; in those incidences, program guidelines may be adjusted
on a case -by -case basis.
Note: These are guidelines only. Each exemption is determined on an individual case basis by
the Board of County Commissioners.
Revised 10/2a/03
16
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St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
Applicant Name:
As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County
Commissioners no later than January 31 of each year the exemption is desired.
1. Business Name:
2.
4
2
7
Mailing Address:
ty/zip
Name of person in charge or owner of Business:
Telephone No.: ( ) Fax No.: ( )
Location of Business (legal description and street address) of property for which this report is filed:
Date Business opened at this facility:
a. Description of the improvements to real property for which this exemption is requested:
b. Date of commencement of construction of improvements:
a. Description of the tangible personal property for which this exemption is requested and date when
property was purchased: (Provide this information on State form DR-405 (Tangible Personal
Property)
b. Average Value of Inventory on hand:
Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [
[ ] Yes [ ] No
Describe the Type or Nature of Your Business:
9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional
10
[ ] Office [ ] Service [ ] Other
a. Number of new full-time employees employed in St. Lucie County, Florida:
(1) Increase in productive output resulting from this expansion
(2) Number of St. Lucie County residents employed
(3) Total number of hours worked during calendar year of exemption
(4) Total gross wages paid during calendar year of exemption
(less the top executive's salary)
(5) Number of employees prior to filing for an exemption
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only divided by total sales
Everywhere from this facility — one (1) location only
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
a. Date of incorporation in Florida:
b. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on all information for which he has any knowledge.)
DATE:
SIGNED:
(Taxpayer)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
1. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt
property otherwise been subject to taxation:
2. Estimate of the taxable value lost to the County:
Improvements to real property:
DATE:
SIGNED:
Tangible Personal Property:
(Property Appraiser)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
Total number of employees:
Current hourly wage:
RETURN TO BE FILED NO LATER THAN JANUARY 31
10-28-03 - H:\ECONOMIC\ADVALOREMWPPLICATION
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name:
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
1. Length of exemption requested is a total of years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name:
Address: city/zip
Telephone No.: ( ) Fax No.: ( )
3. Authorized Agent:
Address: city/zip
Telephone No.: ( ) Fax No.: ( )
4. Type of Industry or Business:
5. Anticipated new capital investment as a result of expansion or relocation of Business:
New construction: New tangible personal property:
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
7. This relocation or expansion would not occur without the exemption: Yes [ ] No[ ]
8. Source of supplies (local or otherwise):
% source of supplies County:
% source of supplies Florida:
% source of supplies out -of -State:
9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ]
Name of area:
I hereby confirm the information provided by to the Board of
County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of
calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I
further confirm that is not in violation of any federal, State or
local law, or regulation governing environmental matters:
DATE:
SIGNED:
TITLE:
SIGNED:
(Taxpayer)
(Preparer)
(Preparer)
(Preparer's Telephone Number)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
EDD Economic Impact Analysis:
Staff's recommendation:
Date: Signed:
(print name and title)
10-07-03 - H:\ECONOMIC\ADVALOREM\SUPPLEMENTAL APPLICATION
2
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name:
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
1. Length of exemption requested is a total of years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name:
Address:
Telephone No.: ( )
3. Authorized Agent: _
Address:
Telephone No.: ( )
Fax No.: ( )
Fax No.: ( )
city/zi
ty/zip
4. Type of Industry or Business:
5. Anticipated new capital investment as a result of expansion or relocation of Business:
New construction:
New tangible personal property:
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e.g, air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
7. This relocation or expansion would not occur without the exemption: Yes [ ] No ( ]
8. Source of supplies (local or otherwise):
source of supplies County:
source of supplies Florida:
% source of supplies out -of -State:
9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ]
Name of area:
1
I hereby confirm the information provided by to the Board of
County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of
calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I
further confirm that is not in violation of any federal, State or
local law, or regulation governing environmental matters:
DATE: SIGNED:
(Preparer)
SIGNED:
(Taxpayer)
TITLE:
(Preparer)
(Preparer's Telephone Number)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
EDD Economic Impact Analysis:
Staff's recommendation:
Date: Signed:
(print name and title)
10-28-03 - H:\ECONOMICIADVALOREM\SUPPLEMENTAL APPLICATION
2
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County,
Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional
information, if necessary or requested.
1. Business Name:
Mailing Address:
2. Name of person in charge or owner of Business:
4.
5.
ty/zip
Telephone No.: ( ) Fax No.: ( )
Location of Business (legal description and street address) of property for which this report is filed:
Date Business opened or will open at this facility:
a. Description of the improvements to real property for which this exemption is requested:
b
6. a
Date of commencement of construction of improvements:
Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
Class or Item
Age
Datese
Purchase
Value
Cost
Taxpayer's
Estimate
of Condition
Taxpayer's
Estimate of
Fair Market
Appraiser's
Use Only
Good
Ave.
Poor
Condition
0
b. Average Value of Inventory on hand:
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ J
Describe the Type or Nature of Your Business:
Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing
[ J Office [ J Service [ ] Other
10. a. Number of new full-time employees to be employed in St. Lucie County, Florida:
b. If expansion of an existing business:
(1) Net increase in employment
(2) Increase in productive output resulting from this expansion _
(3) Number of St. Lucie County residents employed by Business
c. Average hourly wage
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only
Everywhere from this facility — one (1) location only
] Professional
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporation in Florida:
a. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge.)
DATE:
SIGNED:
(Taxpayer)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources:
2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously
granted under this section:
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation:
4. Estimate of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: Tangible Personal Property:
5. I have determined that the property listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or
Neither [ ] .
6. Last year for which exemption my be applied:
DATE:
SIGNED:
(Property Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
10-07-03 - H:\ECONOMICWDVALOREMWPPLICATION
3
L__
St. Lucie County Board of County Commissioners��
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Ordinances UN1�1
Chapter 1%, Florida Statues
To be filed with the Board of County Commissioners, Grants Resource/Disaster Recovery Department of St.
Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect Please attach
additional information, if necessary or requested.
1. Business Name: % u e �— 1D �i'c COY- e
Mailing Address: Q S-0 4�a r s i d! -e- h - i `V-t- city/zip AS �-,ec., (l t
2. Name of person in charge or owner of Business: �I C , v�
Telephone No.: Fax No.:
3. Location of Business (legal description and street address) of property for which this report is filed:
;$E 06 If (— 000 �n a �2 LI Sc) �L — cc Lf Li
4. Date Business opened or will open at this facility: 6L—%j 0L -t O C�
5. a. Description of the improvements to real property for which this ex lion is requested:
b. Date of commencement of construction of improvements: %'t.xy-cl� 9 0 d 5
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
.
Original
Value
cost
x.
Estimate
of Condition
Taxpayer's
Estimate of
Market��
U,
eweFair
14
Updated 03.10.2009
b. Average Value of Inventory on hand: 4 % t 7 , t i{ y
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
Do you desire an exemption as a: "New Business" [L-] 6r as an "Exemption of an Existing Business" [ ]
Describe the Type or Nature of Your Business:
9. Trade Level (check as many as apply): [ ] Wholesale [-t-Manufacturing [ ] Professional
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time employees to be employed in St. Lucie County, Florida:
b. If expansion of an existing business:
(1) Net increase in employment
(2) Increase in productive output resulting from this expansion
(3) Number of St. Luciy,County residents employed by Business
c. Average hourly wage , Sd
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility - one (1) location only ct i / divided by total sales
Everywhere from this facility - one (1) location only 49S_ g -7
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporation in Florida:
a. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge.)
DATE: 7L b G I 10 SIGNED:
SIGNED: 4&1�
(Taxpayer)
TITLE:
Updated 03.10.2009 15
(Preparer)
(Preparer)
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources: 124,284,078
2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously
granted under this section: 236,894
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation: L�
4. Estimate of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: n Tangible Personal Property: 1 _977 .190
5. I have determined that the property listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business kyJ, as an Expansion of an Existing Business [ ), or
Neither [ ).
6. Last year for which exemption my be applied: 2015
DATE: 7 / 29 / 2010 SIGNED: xo(, �F
(Property Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
16
Updated 03,10.2009
AGENDA REQUEST
ITEM NO. VII-D
DATE: 08/17/10
REGULAR ( )
PUBLIC HEARING (X )
LEG. ( )
QUASI -ID (X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Yvette Alger YA
SUBMITTED BY: Environmental _Resources Department, Senior Environmental Planner
Environmental Regulations and Lands Division
SUBJECT: Resolution 10-108, River Park Marina Shoreline Variance
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: NIA
RECOMMENDATION: Board approval of Resolution 10-108 granting a variance from the provisions of
Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St.
Lucie River Shoreline Setbacks, to allow for the construction of a pavilion on the
River'Park Marina property, located at 500 East Prima Vista Boulevard, as outlined
in the agenda memorandum.
COMMISSION ACTION: CONCURRENCE:
( APPROVED ( ) DENIED
( ) OTHER << •
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Sig natures
County Attorney ( ) County Surveyor
Daniel S. McIntyre Ron Harris
County Engineer ( )
JWP
Michael Powley
Originating Dept. ( )
Karen Smith
Planning & ( )
Development
Services
Mark Satterlee
BOARD OF COUNTY COMMISSIONERS
Hearing Date:
August 17, 2010
File Number
BCC 720104075
Applicant
St. Lucie County
Parks & Recreation Dept.
2300 Virginia Avenue
Ft. Pierce, FL 34982
Property Location
500 East Prima Vista Blvd.
Port St. Lucie, FL
Approximately 1 mile west of
US Highway One, on the south
side of Prima Vista Boulevard.
Land Use & Zoninp
Future Land Use: P/F (Public
Facilities) and CPUB
(Conservation Public)
Zoning: I (Institutional)
Staff Recommendation
Adopt Resolution No. 10-108
granting approval, as outlined
in the staff memorandum.
Previous Action
N/A
Project Staff
Yvette Alger
Sr. Environmental Planner
772-462-2866
algery@stlucieco.org
Prima
N
River Park Marina for a
Variance from the St. Lucie
River Shoreline Setbacks
0 AGENDA ITEM No.
VII-D
Location: Approximately 1 mile west of US Highway One, on the south side of
Prima Vista Boulevard.
Project Description
Petition of the St. Lucie County Parks and Rec-
reation Department for a variance from the pro-
visions of Section 6.02.02(B)(2)(a) of the St.
Lucie County Land Development Code - St.
Lucie River Shoreline Setbacks, to allow for the
construction of a pavilion within Zone A of the
shoreline at a 12.74-acre public park, known as
River Park Marina.
The pavilion will be sited at a distance of 40-45
feet from the shoreline, instead of the required
75 feet. The variance is the minimum neces-
sary to allow for siting of the pavilion in a safe
and accessible location, given the existing pub-
lic infrastructure on -site and the park's linear
configuration. The pavilion would replace a
concrete block building which had been located
at the same site. A 75-foot long shoreline na-
tive planting bed will be installed between the
44-foot wide pavilion and the water's edge. The
planting bed is intended to improve water qual-
ity through interception of stormwater runoff.
Recommended Board Action
Adopt Resolution No. 10-108 granting approval,
as outlined in the staff memorandum.
Notice Requirements
Public hearing notice in accordance with
Section 11.00.03 of the Land Development
Code was placed in the St. Lucie News
Tribune, letters were sent to property own-
ers within 500 feet of the subject property,
and a sign was placed on the property.
Further details are available in the Environ-
mental Resources Department. Please
contact:
Staff Yvette Alger
tel. 772-462-2866
Email algery@stlucieco.org
Mail 2300 Virginia Avenue
Fort Pierce, Florida 34982
The Board of County Commissioners
strongly encourages your input and com-
ment at the public hearing. You may also
mail or e-mail written comments in ad-
vance of the public hearing for inclusion in
the official record regarding this proceed-
ing.
Anyone with a disability requiring ac-
commodation to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance at
772.462.1546 or TDD 772.462.1428
Environmental Resources
Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Yvette Alger, Sr. Environmental Planner YA
DATE:. August 17, 2010
SUBJECT: Resolution 10-108, River Park Marina Shoreline Variance
ITEM NO. VII-D
Background:
The subject property is a public park, known as River Park Marina, consisting of 12.74 acres of
land area. The site is located approximately one (1) mile west of US Highway One, on the south
side of Prima Vista Boulevard. The petition was submitted by the St. Lucie County Parks and
Recreation Department, to request the approval of a variance from the provisions of Section
6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline
Setbacks, to allow for the construction of a 1,254 square foot pavilion on the River Park Marina
property.
Existing vegetation includes landscaped areas surrounded by open lawn, with scattered native and
non-native trees. A narrow fringe of native shoreline vegetation exists along the edge of the
existing seawall. The easternmost portion of the property has been set aside under conservation
easement as a preserve area, and is vegetated with a closed canopy of native oaks and cabbage
palms. No native vegetation, preserve areas, or landscaping would be impacted by the proposed
project.
Findings:
For the subject site, the area from zero (0) to seventy-five (75) feet from the mean high water line
is designated as the "Zone A' shoreline setback area (Section 6.02.02.B(2)(a)). The Land
Development Code specifies that no development activity or shoreline alteration shall be permitted
within Zone A, other than that associated with the construction of a private access point. Section
10.01.30 provides standards for consideration of variances from these regulations.
The pavilion will be sited at a distance of 40-45 feet from the shoreline,'instead of the required 75
feet. The variance is the minimum necessary to allow for siting of the pavilion in a safe and
accessible location, given the existing public use infrastructure on -site and the park's narrow,
linear configuration. The open pavilion would replace a concrete block building which had been
located at the proposed pavilion site. Plans include establishment of a 75-foot long shoreline
native planting bed, to be installed on a natural berm located between the proposed 44-foot
diameter pavilion and the waters edge. The planting bed is intended to improve water quality
through interception of stormwater runoff.
On July 22, 2010, the Development Review Committee certified the variance application to move
forward to the Board of County Commissioners.
STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.30,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for the proposed shoreline variance, the Board of County
Commissioners shall consider and make the following determinations:
1. The variance requested arises from a condition that the particular physical
surroundings, the shape, or topographical condition of the specific parcel of land
involved, would result in unnecessary hardship for the owner or developer, as
distinguished from a mere inconvenience, if the provisions of this Section are literally
enforced, and the condition is created by the regulations of this Section, and not by an
action or actions of the owner, developer or applicant;
The site is a public park, located on a narrow peninsula, with existing access drives, parking
areas, a preserve area, and other infrastructure. If the provisions of the Land Development
Code are strictly enforced, the pavilion could not be constructed in a safe, accessible location
on the site.
2. The granting of the variance will not impair or injure other property or improvements in
the neighborhood in which the subject parcel of land is located;
The open pavilion would replace a concrete block building that had been sited at the proposed
pavilion location until it was demolished in 2006. The new picnic pavilion would serve the
surrounding community and enhance recreational opportunities at this public park.
3. The variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structures;
The location was chosen because it is the widest area within the site that can provide ADA
accessible routes of travel from other existing improvements (parking lots, ADA parking
spaces, restroom, and ADA playground). The pavilion has been sited as close as possible to
existing sidewalks, parking, septic system infrastructure, and access drives, to maximize
buffering from the river shoreline.
4. The variance desired will not be opposed to the general spirit and intent of this
ordinance or the St. Lucie County Comprehensive Plan;
The proposed variance is not opposed to the general spirit and intent of the St. Lucie County
Land Development Code or Comprehensive Plan. The variance, if granted, would allow the
County to construct a picnic pavilion to provide a public benefit.
5. A variance along the St. Lucie river or its tributaries shall be granted only when existing
conditions on or adjacent to the property are such that granting of the variance will
prevent erosion and siltation to a greater extent than not granting the variance.
In recent years, the Parks and Recreation Department has demolished several structures on -
site, including a large community building, a concession building, and ten shuffleboard courts.
Even after the construction of the proposed picnic pavilion, the site will have a significant net
loss of impervious area. Plans include establishment of a 75-foot long shoreline planting bed,
to be installed on a natural berm located between the proposed 44-foot diameter pavilion and
the water's edge. The planting bed is intended to improve water quality through interception of
stormwater runoff.
Recommendation:
Board approval of Resolution 10-108 granting a variance from the provisions of Section
6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline
Setbacks, to allow for the construction of a pavilion on the River Park Marina property, located at
500 East Prima Vista Boulevard.
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RESOLUTION No. 10-108
FILE NO.: BCC 720104075
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
GRANTING A VARIANCE FROM THE PROVISIONS OF SECTION
6.02.02(B)(2)(A), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE - ST. LUCIE RIVER SHORELINE SETBACKS TO ALLOW FOR
CONSTRUCTION OF A PAVILION ON THE RIVER PARK MARINA
PROPERTY, LOCATED AT 600 EAST PRIMA VISTA BOULEVARD.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
The St. Lucie County Parks and Recreation Department has applied for a variance
from the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land
Development Code - St. Lucie River Shoreline Setbacks, to allow for the construction
of a pavilion on the River Park Marina property, located at 500 East Prima Vista
Boulevard, as depicted on the attached map in Exhibit "A" and described below.
2. On August 17, 2010, this Board held a public hearing on the petition, after publishing
a notice of such hearing and notifying by mail all owners of property within 500 feet
of the subject property.
3. After consideration of the testimony presented during the August 17, 2010 public
hearing, including staff comments and the standards of review for granting variances
set forth in Section 10.01.30, St. Lucie County Land Development Code, the Board
of County Commissioners has made the following determination:
The requested variance meets the standards of review as set forth in
Section 10.01.30 of the St. Lucie County Land Development Code and
is not in conflict with the general purpose, goals, objectives and
standards of the St. Lucie County Land Development Code, the St.
Lucie County Comprehensive Plan, and the Code of Ordinances of St. .
Lucie County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
August 17, 2010
Page 1
Subject: River Park Marina Shoreline Variance
Resolution No. 10-108
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A. Pursuant to Section 10.01.30 of the St. Lucie County Land Development Code, the
request of the St. Lucie County Parks and Recreation Department for a variance from
the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development
Code - St. Lucie River Shoreline Setbacks, to allow for the construction of a pavilion
at River Park Marina, 500 East Prima Vista Boulevard, is hereby approved for the
property depicted on the attached maps as Exhibit "A" and described as follows:
A parcel of land lying southerly of Prima Vista Boulevard in Section 21, 22, and 27,
Township 36 South, Range 40 East, St. Lucie County, Florida being more particularly
described as follows:
For a point of reference commence at the centerline intersection of Naranja Avenue
and Prima Vista Boulevard as shown on the Plat of River Park Unit 4, as recorded in
Plat Book 11, Page 9, Public Records of St. Lucie County, Florida, thence North 530 36'
00" East along said centerline of Prima Vista Boulevard, 364.50 feet; thence departing
said centerline south 36" 26' 00" East, 50.00 feet to the intersection with the southerly
right-of-way line of Prima Vista Boulevard and the mean high water line of the North
Fork of the St. Lucie River and the Point of Beginning of the following described parcel
of land; thence southeasterly, easterly, and northwesterly along said mean high water
line to the intersection with the southerly right-of-way line of Prima Vista Boulevard;
thence South 530 34' 00" West, along said southerly right-of-way line 585.66 feet to the
Point of Beginning.
Said Parcel containing 12.74 acres, more or less.
Parcel I D#: 3422-331-0000-0002 and 3427-221-0001-0006
Location: Approximately one (1) mile west of US Highway One, on the south side
of Prima Vista Boulevard.
C. This resolution shall be recorded in the Public Records of St. Lucie County.
D. The effective date of this resolution shall be the date of adoption contained herein. This
variance shall not be valid for a period longer than twelve months from the date of this
Resolution unless a building permit is issued prior to the expiration of that twelve month
period.
After motion and second, the vote on this resolution was as follows:
Chairman Charles Grande XXX
Vice -Chairman Doug Coward XXX
Commissioner Paula Lewis XXX
August 17, 2010
Page 2
Subject: River Park Marina Shoreline Variance
Resolution No. 10-108
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Commissioner Chris Dzadovsky XXX
Commissioner Chris Craft XXX
PASSED AND DULY ADOPTED This 17th Day of August 2010,
ATTEST:
Deputy Clerk
August 17, 2010
Page 3
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
LI'1
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Subject: River Park Marina Shoreline Variance
Resolution No. 10-108
1
EXHIBIT A
BCC-720104075 Zoning
River Park Marina
Subject property SL Lucie County Zoning Part St Lucie Zoning N
CPUS - Conservation Public OSC - Open Space -Conservation
1. 500 ft. notification area I - Institutional RS-2 - Single -Family Residential
�., PUD - Planned Unit Development RS-3 - Single -Family Residential,_;_ City of Port SL Lucie RS-4 - Residential Single Family (4 dulac) Map prepared guy s, 2010
August 17, 2010
Page 4
Subject: River Park Marina Shoreline Variance
Resolution No. 10-108
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Received
JUL 01 2010
Parks and Recreation Services
Memorandum
To: Yvette Alger, Sr. Environmental Planner
From: Mark DiMascio, Interim Recreation Manager 0
Subject: River Park Marina - Shoreline Variance Request
Date: July 1, 2010
We are requesting a variance from the Riverine Shoreline Protection Regulations so we may
construct a 44 ft diameter hexagon shaped picnic pavilion at the River Park Marina Park. The
pavilion will replace a CBS building that was damaged by fire and subsequently demolished in
September of 2006.
The River Park Marina Home Owner's Association has been requesting a new structure be
constructed to replace the demolished building. Staff has decided to erect an open picnic
pavilion rather than construct a new building. The proposed location of the pavilion is at the
same location as the old building.
River Park Marina Park is a narrow peninsula with an asphalt driveway running down the
center. Due to the shape of the property and the location of the driveway and other
improvements, there is nowhere on site to locate the pavilion that would not require a
shoreline variance. The proposed edge of the pavilion will be no closer than 45 ft. to the
existing concrete sea wall at the water's edge.
The granting of the variance will not impair or injure other property or improvements in the
neighborhood.
We have located the pavilion as closely as possible to existing sidewalks, parking and
landscape beds so the variance requested is the minimum variance that will make possible the
reasonable use of the land.
MD: em
Attachments
cc: River Park Marina Pavilion File
Chron File
ST. LUCIE COUNTY
Planning & Development Services Department
Planning Division
2300 Virginia Avenue, Ft. Pierce, FL 34982
Office: 772-462-2822 — Fax: 772-462-1581
http://www.stlucieco.org/planning/planning.htm
DEVELOPMENT APPLICATION
Prior to submittal, all applications require a pre -application conference.
Please contact the Planning Division to schedule an appointment.
Submittal Tvoe rcheck each that aDolies
Site Plan Rezoning'
❑ Major Site Plan ❑ Rezoning (straight rezoning)
❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD)
❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment
❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4
❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change
❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment
❑ Minor Adjustment to Minor Site Plan
❑ Minor Adjustment to PUD/PNRD/PMUD
Planned Development
❑ Planned Town or Village (PTV)
❑ Planned Country Subdivision (PCS)
❑ Planned Retail Workplace (PRW)
❑ Prelim. Planned Unit Develop. (PUD)
❑ Prelim. Planned Mixed Use Develop. (PMUD)
❑ Prelim. Planned Non -Res. Develop. (PNRD)
❑ Final Planned Unit Develop. (PUD)
❑ Final Planned Mixed Use Develop. (PMUD)
❑ Final Planned Non -Res. Develop. (PNRD)
Conditional Use'
❑ Conditional Use
❑ Major Adjustment to a Conditional Use
❑ Minor Adjustment to a Conditional Use
Variance 2
❑ Administrative Variance
❑ Variance
❑ Variance to Coastal Setback Line
Other
❑ Administrative Relief
❑ Class A Mobile Home 6
❑ Developer Agreement (Submit per LDC
11.08.03)
❑ Power Generation Plants
❑ Extension to Development Order
❑ Historical Designation/Change 6
❑ Land Development Code Text Amendment 7
❑ Plat
❑ Post Development Order Change
❑ Re -Submittal # 6
I' Shoreline Variance
❑ Stewardships — Sending/Receiving
❑ Telecom Tower (Submit per LDC 7.10.23)
❑ Transfer of Development Rights
❑ Waiver to LDC/Comp. Plan Requirements s
❑ Appeal of Decision by Administrative Official10
Application Supplement Packaaes
1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan
2. Variance 6. Historical Designation/Change Requirements
3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by
4. Comp. Plan Amendments 8. Re- Submittal Administrative Official
Refer to Fee Schedule for applicable fees.
All required materials must be included at the time of submittal along with the
appropriate non-refundable fee(s).
Page 1 of 6
Revised June 21, 2010
FEE CALCULATION WORKSHEET
SITE DEVELOPMENT PLANS — Planning Division
Application Type: NSA
Supplemental Application Package No.:
(Please provide separate fee calculation worksheet for each application type)
❑ BASE REVIEW FEE:
❑ CONCURRENCY FEE:
❑ ERD REVIEW FEE:
❑ PER ACREAGE CHARGE:
❑ RESUBMITTAL FEE: (if applicable)
❑ OTHER
SUBTOTAL OF BASIC FEES: $.
❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction
Receipt No. of Payment:
Date of Pre App: _0_
BALANCE OF FEES DUE: $
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of
the St. Lucie County Land Development Code
❑ $950.00 — Methodology Meeting (G)(If Applicable)
• Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to
applicant upon receipt of quote of services from 3`d party.
• Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning
Division. Refer to "Public Procedures".
• Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment
will be required prior to project approval. Pre -Application Me tin Reques
Applicant Name (Printed) Signature of applicant
INTAKE REVIEWER - SIGNATURE
VERIFIED BY - SIGNATURE
File Number:
DATE
Receipt Number:
or office use only)
Page 2 of 6
Revised June 21, 2010
Submittal Requirements
The following checklist is provided as a reminder.
Please see applicable code sections for more detailed submittal requirements.
All Submittals MUST be in complete folded and collated sets.
All applications must include the following:
It Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11
copies)
Aerial Photograph — property outlined (available from Property Appraiser's office
Property Deed
It Legal description, in MS Word format, of subject property
Property Tax Map — property outlined (electronic copy not required)
(� Survey
It 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached)
❑ Concurrency Deferral Affidavit; or
❑ Description and analysis of the impact of the development on public facilities in accordance with the
methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation
Assessment or a full Traffic Impact Report, if applicable.
Site Plan and Planned Development Applications must also include:
❑ Site Plan 24"x36" at a scale of V=50' (12 copies -folded, not rolled)
❑ Boundary Survey — Signed and Sealed (12 originals)
❑ Topographic Survey — Signed and Sealed (12 originals)
❑ Landscape Plan — Signed and Sealed (12 originals)
❑ Traffic Impact Report (TIR) (4 copies) if:
o 50+ residential units
o Development on N. or S. Hutchinson Island '
o Non-residential (see LDC Section 11.02.09(4))
❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5))
o The property is ten acres or greater
o The property, regardless of size, contains a wetland;
o The property is identified on the "Native Habitat Inventory for SLC";
o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain;
o Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06)
❑ Updated Traffic Analysis if applicable (4 copies)
❑ Approved Resolution or GM Order
*Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal
description provided on the property appraiser's website is not valid for our purposes. The legal description
you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any
hearing(s).
Page 3 of 6
Revised June 21, 2010
Proiect Information
Project Name: River Park Marina
Site address: 500 East Prima Vista Boulevard, Port St. Lucie, FL
Parcel ID Number(s):
3422-331-0000-000-2 and 3427-221-0001-000-6
Legal Description: (Attach additional sheets if necessary — also must oe provided in nn,,j vvora rormai on uu)
A parcel of land lying southerly of Prima Vista Boulevard in Section 21, 22, and 27, Township 36 South, Range 40 East, St. Lucie
County, Florida being more particularly described as follows:
For a point of refetence commerce at the centerline intersection of Naranja Avenue and Prima Vista Boulevard as shown on the Plat of
River Park Unit 4, as recorded in Plat Book 11, Page 9, Public Records of St. Lucie County, Florida, thence North 53° 36' 00" East along
said centerline of Prima Vista Boulevard, 364.50 feet; thence departing said centerline south 36' 2600" East, 50.00 feet to the
intersection with the southerly right-of-way line of Prima Vista Boulevard and the mean high water line of the North Fork of the St. Lucie
River and the Point of Beginning of the following described parcel of land; thence southeasterly, easterly, and northwesterly along said
mean high water line to the intersection with the southerly.right-of way line of Prima Vista Boulevard; thence South 53° 34' 00" West,
along said southerly right -of oway line 585.66 feet to the Point of Beginning.
Property location — Section[Township/Range: 2M68/40E
Property size — acres: /a .7 2f cL.c, Square footage: 5
Future Land Use Designation:
Zoning District:
Description of project:
Purchase and install a 44 ft. wide Porter/Poligon Hexagon Pavilion with cupola and weather vane on
the site.
(Attach additional sheets It necessary)
Type of construction (check all applicable boxes):
❑ Commercial Total Square Footage: Existing Proposed:
❑ Industrial Total Square Footage: Existing Proposed:
❑ Residential No. of residential units: Existing Proposed:
No. of subdivided lots: Existing Proposed:
❑ Other Please specify: Installing a 44' wide pavilion with cupola and weather vane
Number and size of out parcels (if applicable): N/A
Page 4 of 6
Revised June 21, 2010
SPECIAL NOTICE
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission of this application does not constitute the granting of approval. All appropriate requirements must
be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves
the right to request additional information to ensure a complete review of this project.
ACKNOWLEDGMENTS
Applicant Information (Property Developer): Agent Information:
Business Name: St. Lucie County Business Name:
Name: Parks and Recreation Name:
Address: 2300 Virginia Avenue Address:
Fort Pierce, Florida 34982
(Please use an address that can accept overnight (Please use an address that can accept overnight
packages) packages)
Phone: 772-462-2551 Phone:
Fax: 772-462-1940 Fax:
Email: dimasciom@stlucieco.org Email:
Please note: both applicant and agent will receive all official correspondence on this project.
Property Owner Information
This application and any application supplement will not be considered complete without the notarized
signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this
application for approval. The property owner's signature below shall also serve as authorization for the above
applicant or agent to act on behalf of said property owner.
ILu5so
Property Owner Signature Property Owner Name (Printed)
Mailing Address: 2300 Virginia Avenue Phone: 772-462-1518
If more than one owner, please submit additional
Fort Pierce, FL 34982 pages
STATE OF Florida , COUNTY OF St. Lucie
The foregoing instrument was acknowledged before me th
by ub'C-bILR 2_ 81Zt1*S6n co
7 day of 20 / G
ally known t me or who has produced
as identification.
Signature of Notary Type or Print Name of Notary
DD &a 3 a3 Commission Number (Seal)
Notary Public State of Florida
Elaine M Messier
p< My Commission DD824323
ty ,4 Expires 09/18/2012
Page 5of6
Revised June 21, 2010
Required Document Naming List
* All electronically submitted documents must be formatted and named according to the list
below. If your submittal includes a document not on the list, the document name shall clearly
reflect the content of the submitted document.
Document
Document
Format
Required Name on CD
Aerial Photograph
PDF
Aerial.pdf
Application
PDF
Application.pdf
Approval Order
PDF
ApprovalOrder.pdf
Architectural Elevations
PDF
ArchElev. df
Boundary / Topographic Survey
PDF
BoundaryTopo.pdf
Drainage / Stormwater Plan
PDF
Draina ePln.pdf
Easements
PDF
Easements. df
Environmental Impact Report
PDF or Word
EIR. df or EIR.doc
Existing Condition Plan
PDF
Existin Cond. df
Flood Plain
PDF or Word
Flood. df or Flood. Doc
Landscape Plan
PDF
Landsca e. df
Legal Description
Word
Le al.doc
Lighting Plan
PDF
Lighting.pdf
Mitigation Plan
PDF
Miti ation. df
Mobile Home Plans
PDF or Word
MobileHome. df or MobileHome.doc
Paving Plan
PDF
Paving.pdf
Permit External
PDF
Permit. df
Plat
PDF
Plat. df or Plat.doc
Property Deed
PDF
Deed. df
Site Plan
PDF
SitePlan. df
Traffic Impact Report
PDF or Word
TIR. df or TIR.doc
Tree Survey
PDF
Tree. df
Turtle Protection
PDF or Word
Turtle. df or Turtle.doc
Utiliity Plan
PDF
Utilifty. pdf
Vegetation Removal Application
PDF
Ve etation. df
Page 6 of 6
Revised June 21, 2010
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THIS QUIT -CLAIM DEED, Executed this 1910day of February, 1991, by
THB TRUST FOR PUBLIC LAND, a California nonprofit corporation with an office located
at 1310 Thomasville Road, Tallahassee, Florida 32303, Grantor, to ST• LUCIE COUNTY, a
Political subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue,
Fort Pierce, Florida 34982, Grantee:
m www wad herein "-tam •onowe and •omma• " inetude wily dw and .p►u d, ho". ieW
npamatlatirM and 04M of i mwwuala, and d o aroaa and aripr of ooapomtiona, ari omw tba emoad
so admits or nWAm.)
WITNFSSETH, That the said Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00), in hand paid by the Grantee, the receipt whereof is herby acknowledged,
does hereby remise, release and quit -claim unto the Grantee forever, all the right, title, interest,
claim and demand which the said Grantor has in and to the following described lot, piece or
parcel of land, situate, lying and being in the County of St. Lucie, State of Florida, to wit:
SEE EXHIBIT "A' ATTACHED HERM)O AND MADE A PART HEREOF.
Subject to reservations, restrictions and rights of way of record, without hereby
reimposing same, and taxes for the Year 1991 and subsequent.
This Quit -Claim Deed is intended by the parties to remedy any defect in title held by
St. Lucie County pursuant to. that certain warranty deed recorded in Official Record
Book 0719, Page 1055, Public Records of St. Lucie County,.°Florida, which may arise
after the date of said deed.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereueto belonging or in anywise_ appertaining►: and. all the estate, right, .title, interest,, lien,
equity'and-6Wni Aitsbe-vd of the said Gcintor, either in law or equity, to the only proper use,
benefit and behoof of the said Grantee forever.
IN WITNESS W;MEOF, The Grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivwrod THE UST FOR PUBLICK LAND.:, � ,�.
in presence of: �0% ly _ un,,,,,
W. Dale en, Vice President
.r, =
•
STATE OF FI:ORIDA ) r�•ti1�-t'(
COUNTY OF 4eotii ) ' �d�••••: •
' ///lillltiilllt�'••'':
The foregoing Quit -Claim was acknowledged before me this &y of February; •lg9l
by W. Dale Allen, Vice President of The Trust for blic Lanka 'fomia nonprofit
corporation,•od behalf of the corporation.
Notary Public
Ab
;03��•''•�,.`s My Commission Expires:
.� , r• :: c F' llofory h+6114 Sfeh of Ftcrtda
,o . - Jitl tarrei►Ibn ripiraa nit. 11,144R
00727 PA610985
EXHIBIT "A y
LEGAL DESCRIMON
MARINA ISLAND:PARCEL
A parcel of land lying southerly. of Prima Vista Boulevard in Section 21, 22 and 17, Township
36 South, Range 40 Bast, St. Lucie County, Florida being more particularly described as
follows:
For a point of reference commence at the centerline intersection of NA
ranja Avenue and Prima
Vista Boulevard as showdofilhe Plat of Ptiver Park -'Unit 4, as recorded in Plat Book 11, page
9, Public Records of St. Lucie County, .Florida; thence North 53*36'00" East along said
centerline ' of . Prima Vista Boulevards 364.50 feet; thence .departing said centerline South
36.26'00' East, 50.00 feet to `the intersection with. the southerly -Aght�of--way line of Prima
Vista Boulevard and the -mean high., ater line • of.the North Fork of the St. Lucile River and the
Point of Beginning of the following described parcel of land; thence southeasterly, easterly, and
northwesterly along..said -ntean-high water line to-the*intersection with• the southerly right-of-
way line of Prima Vista Boulevard; thence South 53.34'00" West; along said-southcr- right-ht of -way line 585.66 feet. to die Point of.Beginning.
Containing 12.74 acres more or less, -
All as shown -on that certain Boundary SurveyL
d by County; Florida, dated October 31, 1990, and bearing DrawingiNumbersth and c1200 Clr 1200-C2c and 1200-C3.
1095426
91 FE8 20 112 :02
FILER AND RELukC .
_.... ...... - -.... ...._......-.--OOUGLAS-DIXON-C; .
ST• LUCIE COUNTY. ,
St Lucie County Record: 1 of 3
Property Identification
Site Address: 500 SE PRIMA VISTA
Sec/rown/Range: 22 :36S :40E
Map ID: 34/22S
Zoning: I
PROPERTY RECORD CARD
<<Prev Next » Spec.Assmnt Taxes Exemptions Permits Home Print
�JCIE
ParcellD: 3422-331-0000-000-2 y�� VA
Account # 132106
Land Use: FRST PRKS "
City/Cnty: St Lucie County
Ownership and Mailing
Legal Description
Owner.
St Lucie County
22 36 40 THAT PART OF SW 1/4 LYGSELY OF PRIMA VISTA BV
Address:
2300 Virginia Ave
AND WLY OF N FORK ST LUCIE RIVER MPDAF: FROMI
Fort Pierce FL 34982-5632
More...
Sales Information
Assessment 2609 Final Total Land and Building
Date Price
Code Deed
Book/Page 2D09 Final: 740700 Land Value: 660300 Acres: 5.39
2/6/1991 100
D1 QC
0727 / 0985 Assessed: 740700 Building Value: 80400
Ag.Credit 0 Finished Area: 895 SgFt
Exempt 740700
Taxable: 0
Taxes: 0
BUILDING INFORMATION
Exterior Features
View:
-
RoofCover.
SM - Sheet Metal
RoofStruct:
GA - Gable
ExtType:
UT4 - UT4
YearBlt:
2006
Frame:
-
Grade:
Y_D - Commer D
EtfYrBlt:
2006
PdmeWall:
BP - Conc Block
StoryHght
0010 -1 Story
No.Units:
SecWall:
-
Interior Features
BedRooms:
0
Electric:
MX - MAXIMUM
PrmintWall:
UN - UNFINISHED
FullBath:
0
HeatType:
AvgHt/Fl:
STD
1/213ath:
0
HeatFuel:
-
Prm.Flors:
CG - CONC GRD
%A/C:
0
%Heated:
0
%Sprinkled:
0
SpeciaT Features and Yard Items
Land Information
Type
Y/S Qty.
Units Qua[. Cond.
YrBlt.
No. Land Use
Type
Measure Depth
CNC2 - CONCRETE LOW Y 1
4200 AV
AV
1977
1 8200-FRST PRKS
515 -Sq Feet
234788
FEN8 - CHAINLINK 8'
Y 1
600 AV
AV
1977
DOK2 - WOOD DOCK
Y 1
1950 AV
AV
2006
ASP2 - ASP2 LOW
Y 1
22000 AV
AV
1977
FEN4 - CHAINLINK 4'
Y 1
100 AV
AV
2006
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
St Lucie County Record: 2 of 3
Property Identification
Site Address: 500 SE PRIMA VISTA
Sec/Town/Range: 22 :36S :40E
Map ID: 34/22S
Zoning: I
PROPERTY RECORD CARD
<<Prev Next»
Spec.Assmnt Taxes
Exemptions Permits Home Print
ParcellD:
Account #:
3422-331-0000-000-2
132106
y
Land Use:
FRST PRKS
City/Cnty:
St Lucie County
Ownership and Mailing
Legal Description
Owner.
St Lucie County
22 36 40 THAT PART OF SW 1/4 LYGSELY OF PRIMA VISTA BV
Address:
2300 Virginia Ave
AND WLY OF N FORK ST LUCIE RIVER MPDAF: FROMI
Fort Pierce FL 34982-5632
More...
Sales Information
Assessment 2009 Final Total Land and Building
Date Price
Code Deed
Book/Page 2009 Final: 740700 Land Value: 660300 Acres: 70.9
2/6/1991 100
01 QC
0727 / 0985 Assessed: 740700 Building Value: 80400
Ag.Credit: 0 Finished Area: 895 SgFt
Exempt 740700
Taxable: 0
Taxes: 0
BUILDING INFORMATION
Exterior Features
View: -
RoofCover.
-
RoofStruct
ExtType: HD -HD
YearBlt:
1972
Frame:
Grade: D - D
EffYrBlt:
1976
PrimeWall:
-
StoryHght: 0010 - 1 Story
No.Units:
SecWall:
-
Interior Features
BedRooms: 0
Electric:
-
PnnlntWall:
-
FullBath: 0
HeatType:
-
AvgHt/FI:
STD
1/213ath: 0
HeatFuel:
-
Prm.Flors:
-
%A/C: 0
%Heated:
0
%Sprinkled:
0
' Special Features and Yard Items
Land Information
Type Y/S Qty. Units Qual.
Cond. YrBlt.
No. Land Use
Type
Measure Depth
1 8200-FRST PRKS
515 -Sq Feet
234788
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT
TO CHANGE AND IS
NOT WARRANTED.
St Lucie County Record: 3 of 3
Property Identification
Site Address: 500 SE PRIMA VISTA
Sec/Town/Range: 22 :36S :40E
Map ID: 34122S
Zoning: I
PROPERTY RECORD CARD
<<Prev Next » Spec.Assmnt Taxes Exemptions Permits Home Print
V1CIE
ParcellD: 3422-331-0000-000-2VA
Account #: 132106
Land Use: FRST PRKS
City/Cnty: St Lucie County
Ownership and Mailing
Legal Description
Owner.
St Lucie County
22 36 40 THAT PART OF SW 1/4 LYGSELY OF PRIMA VISTA BV
Address:
2300 Virginia Ave
AND WLY OF N FORK ST LUCIE RIVER MPDAF: FROMI
Fort Pierce FL 34982-5632
More...
Sales information
Assessment 2009 Final Total Land and Building
Date Price
Code Deed
Book/Page 2009 Final: 740700 Land Value: 660300 Acres: 70.9
2/6/1991 100
01 QC
0727 / 0985_ Assessed: 740700 Building Value: 80400
Ag.Credit. 0• Finished Area: 895 SgFt
Exempt: 740700
Taxable: 0
Taxes: 0
BUILDING INFORMATION
'
Exterior Features
View: -
RoofCover:
ExtType: UT3 - UT3
YearBlt:
Grade: Y_D - Commer D
EffYrBlt
StoryHght: 0010 -1 Story
No.Units:
Interior Features
TG - Tar & Gravel RoofStruct:
1997 Frame:
1997 PdmeWall:
SecWall:
FS - Flat/Shed
WS - Wood/Sheath
BedRooms: 0
Electric:
MX - MAXIMUM
PrmintWall:
UN - UNFINISHED
FullBath: 0
HeatType:
-
AvgHt/Fl:
1/26ath: 0
HeatFuel:
-
Prm.Flors:
CG - CONC GRD
%A/C: 0
%Heated:
0
%Sprinkled:
0
Special Features and Yard Items
Land Information
'
Type Y/S Qty. Units
Qua[. Cond.
YrBlt. No. Land Use
Type
Measure Depth
1 820D-FRST PRKS
515 -Sq Feet
234788
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
River Park Marina
S00 East Prima Vista Boulevard
Port St. Lucie, Florida
ATTORNEY'S CERTIFICATION OF TITLE:
Tax ID Numbers: 3422-331-0000-000-2 and 3427-221-0001-000-6
Legal Description - Performed by Frank H. Fee, III Esq. covering the following described property:
A parcel of land lying southerly of Prima Vista Boulevard in Section 21, 22, and 27, Township 36 South,
Range 40 East, St. Lucie County, Florida being more particularly described as follows:
For a point of reference commerce at the centerline intersection of Naranjo Avenue*and Prima Vista
Boulevard as shown on the Plat of River Park Unit 4, as recorded in Plat Book 11, Page 9, Public Records
of St. Lucie County, Florida, thence North 53' 36' 00" East along said centerline of Prima Vista Boulevard,
364.50 feet; thence departing said centerline south 36° 26'00" East, 50.00 feet to the intersection with
the southerly right-of-way line of Prima Vista Boulevard and the mean high water line of the North Fork
of the St. Lucie River and the Point of Beginning of the following described parcel of land; thence
southeasterly, easterly, and northwesterly along said mean high water line to the intersection with the
southerly right -of way line of Prima Vista Boulevard; thence South 53' 34' 00" West, along said southerly
right -of oway line 585.66 feet to the Point of Beginning.
OARD OF
;OUNTY
;OMMISSIONERS
Heather Young
Katherine Moclsenzie-Smith
„ ATTACHMENT E-7
RIVER PARK MARINA
ATTORNEY'S CERTIFICATION OF TITLE
(See Rule 668-2.006(4) $ 2.008(2) FAC)
OFFICE OF THE ST. LUCIE COUNTY ATTORNEY
- 2300 Virginia Avenue
Fort Pierce, Florida 34982
February 20, 2006
TO WHOM IT MAY CONCERN:
COUNTY
ATTORNEY
Daniel S. McIntyre
ASSISTANT COUNTY ATTORNEY
A5515TANT COUNTY ATTORNEY
I, Daniel S. McIntyre, am the Attorney for the St. Lucie County Board of County Commissioners.
I hereby state that I have reviewed an examination of title performed by real estate attorney, Frank
H. Fee, III, Esquire, covering the following described property:
Tax I.D. Numbers: 3422-331-0000-000-2 and 3427-221-0001-000-6
A parcel of land dying southerly of Prima Vista Boulevard in Section 21, 22 and 27,
Township 36 South, Range 40 East, St. Lucie County, Florida being more particularly
described as follows:
For a point of reference commence at the centerline in of Naranjo Avenue
and Prima Vista Boulevard as shown on the Plat of River Park Unit 4, as recorded in Plat
Book 11, Page 9, Public Records of St. Lucie County, Florida; thence North 53' 36' 00"
East along said centerline of Prima Vista Boulevard, 364.50 feet; thence departing said
centerline South 36' 26' 00" East, 50.00 feet to the intersection with the southerly
right-of-way line of Prima Vista Boulevard and the mean high water line of the North
Fork of the St. Lucie River and the Point of Beginning of the following described parcel
of land; thence southeasterly, easterly, and northwesterly along said mean high water
line to the intersection with the southerly right-of-way line of Prima Vista Boulevard;
thence South 53' 34' 00" West, along said southerly right-of-way line 585.66 feet to
the Point of Beginning.
JOSEPH E. SMITH. District No.. 1 • DOUG COWARD, District. No. 2 • PAULA A. LEWI5, District No. J • MANNIE HUTCHIN50N. District No. 4 • CHRI5 CRAFT, District No. 5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue • 3rd Floor Admin. Annex • Fort Pierce, FL 34982-5652 • Phone (772) 462-1441
FAX (772) 462-1440 • TDD (772) 462-1428
Page 2
February 20, 2006
River Park Marina
I have also examined a document showing that this property is listed on the tax rolls as
belonging to the St. Lucie County Board of County Commissioners. Finally, I have also examined such
documents and records as necessary for this certification.
This property is what is now called "River Park Marina".
I certify that the St. Lucie County Board of County Commissioners does in fact own this
property and that to our knowledge there are no liens, encumbrances or taxes held against the property
known as River Park Marina.
5
Daniel S.
County A
DSM/jmr
6;\ACQ\WP\7oAnn\River Park Marina\River Park Marina Certification of Title (FIND) 2006.wpd .
2.9
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EDWIN M. FRY, Jr..' '--RK OF THE CIRCUIT COURT
SAINT LUCIE COUP
FILE # 274478Tt1115.2DIr at 01:34 PM
OR BOOK 2413 PAGE 1214 - 1726 Doc T y-ae: EASMT
RECORDING: $112.00
Standard form C-2: October 10, 2004
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this 15'b day of
September 2005, by ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS,
having an address at 2300 Virginia Avenue, Fort Pierce, Florida 34982 (Grantor) to the
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA (BOARD OF TRUSTEES), whose address is Department of
Environmental Protection, Division of State Lands, 3 900 Commonwealth Boulevard,
Mail Station 130, Tallahassee, Florida. 32399-3000 (Grantee). As used herein, the term
Grantor shall include any and all heirs, successors or assigns of the Grantor, and all
subsequent owners of the Property (as hereinafter defined) and the term Grantee shall
include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain lands situated
CD in St. Lucie County, Florida, more specifically described in Exhibit A attached hereto and
incorporated herein (Property);
WHEREAS, the Grantor desires to construct River Park Marina (Project) at a site
in St. Lucie County, which is subject to the regulatory jurisdiction of the Department of
Environmental Protection (Department) under Part IV of Chapter 373 of the Florida
o Statutes;
WHEREAS, Department Permit No. 56-0185216-002 (Permit) authorizes certain
Q activities which affect waters in or of the State. of Florida;
c
0
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore or
.E mitigate wetlands or uplands under the Department's jurisdiction; and
tr
WHEREAS, Grantor grants this conservation easement as a condition of the
Permit issued by Grantee to offset or prevent adverse impacts to water quality and natural
resources, such as fish, wildlife, and wetland or other surface water functions.
Specifically, this conservation easement is intended to
a
1. prevent cumulative impacts,
2. prevent secondary impacts to the habitat functions of wetlands associated
with adjacent upland activities,
3. protect a mitigation area until it reaches success,
a 4. ensure that the proposed Project is clearly in the public interest
NOW THEREFORE, in consideration of the above and the mutual covenants,
terms, conditions and restrictions contained herein, together with other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby
voluntarily grants and conveys a perpetual conservation easement, as defined in Section
704.06, Florida Statutes, for and in favor of .the Grantee upon the Property which shall
run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
The scope, nature and character of this conservation easement shall be as follows:
1. Purpose. The purpose of this conservation easement is to retain land or
water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded
condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those
wetland or upland areas included in the conservation easement that are to be enhanced or
created pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
2. Rights of Grantee. To carry out this purpose, the.following rights are conveyed to
Grantee by this easement:
a. The right to take action to preserve and protect the environmental value of
the Property;
b. The right to prevent any activity on or use of the -Property that is
inconsistent with the purpose of this conservation easement, and to require the restoration
of areas or features of the Property that may be damaged by any inconsistent activity or
use;
C. The right to enter upon and inspect the Property in a reasonable manner
and at reasonable times, including the right to use vehicles and all necessary equipment to
determine if Grantor or its successors and assigns are complying with the covenants and
prohibitions contained in this conservation easement; and
d. The right to enforce this conservation easement by injunction or proceed at
law or in equity to enforce the provisions of this conservation easement and the covenants
set forth herein, to prevent the occurrence of any of the prohibited activities hereinafter
set forth, and the right to require Grantor to restore such areas or features of the Property
that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purpose of this conservation easement is prohibited. Without limiting the foregoing, the
following activities and uses are expressly prohibited, except for restoration, creation,
enhancement, maintenance and monitoring activities authorized by the Permit:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, docks or other structures on or above the ground;
2
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste; or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, including the
removal, destruction, trimming or alteration of mangroves except as follows: removal of
nuisance, invasive, exotic or nonnative species;
d. Planting or seeding of plants that are outside its natural range or zone of
dispersal and has or is able to form self-sustaining, expanding, and free-living populations
in a natural community with which it has not previously associated;
e. Exploration for or extraction of oil or gas, and excavation, dredging, or
removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to
affect the surface;
f. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
g. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
h. Acts or uses detrimental to such aforementioned retention of land or water
areas;
i. Acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural, archaeological, or
cultural significance.
4. Passive Recreational Use_ Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein and that
are not inconsistent with any District rules, criteria, the Permit and the intent and
purposes of this conservation easement. Passive recreational uses that are not contrary to
the purposes of this conservation easement may be permitted upon written approval'.by
the Grantee.
a. Grantor may only conduct limited land clearing fore the purpose of
establishing, operating, and maintaining such facilities as bike trails, boardwalks,
hiking/walking trails, picnic areas, playground equipment, kiosks or informational booths,
or primitive camping which has been authorized by Grantee. The general locations of
these activities are as depicted in Exhibit B. Grantor shall submit plans for the
construction of the proposed facilities to the Grantee for final review and written approval
prior to construction. The Grantor is advised that it must obtain any and all applicable
federal, state, and local permits for the proposed land clearing and construction.
b. The construction and use of the approved passive recreational facilities
shall be subject to the following conditions:
(1) Grantor shall minimize and avoid, to the
fullest extent possible, impact to any wetland or upland
buffer areas within the conservation easement area and
shall avoid materially diverting the direction of the natural
surface water flow in such area;
(2) Such facilities and improvements shall be
constructed and maintained utilizing Best Management
Practices;
(3) Adequate containers for litter disposal shall
be situated adjacent to such facilities and improvements
and periodic inspections shall be instituted by the
maintenance entity, to clean any litter from the area
surrounding the facilities and improvements;
(4) This conservation easement shall not
constitute permit authorization for the construction and
operation of the passive recreational facilities.. Any such
work shall be subject to all applicable federal, state,
Department; District or local permitting requirements.
5. Public Access. No right of access by the general public to any portion of the
Property is conveyed by this conservation easement.
6. Responsibilities of Parties. Grantor, its successors or assigns, shall take
responsibility for any costs or liabilities related to the operation, upkeep or maintenance
of the Property. In addition Grantee its successors or assigns, shall have no responsibility
for any costs or liabilities related to the operation, upkeep or maintenance of the Property.
1. Taxes. Grantor, its successors or assigns; shall pay before delinquency any and all
taxes, assessments, fees, and charges- of whatever' description .levied on or assessed by
competent authority on the Property, and shall furnish Grantee with satisfactory evidence
of payment upon request
8. Liabilily. Grantor, its successors or assigns, will assume all liability for any injury
or damage to the person or property of third parties which may occur on the Property
arising from ownership of the Property by the Grantor, its successors or assigns. Neither
Grantor, its successors or assigns, nor any person or entity claiming by or through Grantor
its successors or assigns, shall hold Grantee liable for any damage or injury to person or
personal property which may occur on the Property. Furthermore, the Grantor, its
successors or assigns shall indemnify and hold harmless Grantee for all liability, any
4
injury or damage to the person or property of third parties which may occur on the
Property.
9. Hazardous Waste. Grantor covenants and represents that no hazardous substance
or toxic waste exists nor has been generated, treated, stored, used, disposed of, or
deposited in or on the Property, and that there are not now any underground storage tanks
located on the Property.
10. Enforcement Discretion. Enforcement of the terms, provisions and restrictions of
this conservation easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any
breach by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights.
11. Venue and Enforcement Costs. Venue to enforce the terms of this conservation
easement shall be in Leon County, Florida. If the Grantee prevails in an enforcement
action, it shall be entitled to recover the cost of restoring the land to the natural vegetative
and hydrologic condition existing at the time of execution of the conservation easement
or to the vegetative and hydrologic condition required by the aforementioned Permit.
12. Assignment of Rights. Grantee will hold this conservation easement exclusively
for conservation purposes. Grantee will not assign its rights and obligations under this
conservation easement except to another organization qualified to hold such interests
under applicable state laws.
13. Recording in Land Records. Grantor shall record this conservation easement and
any amendments hereto in'a timely fashion in the Official Records of St. Lucie County,
Florida. Grantor shall pay all recording costs and taxes necessary to record this
conservation easement in the public records.
14. Successors. The covenants, terms, conditions and restrictions of this conservation
easement shall be binding upon, and inure to the benefit of the parties hereto and their
respective personal representatives, heirs, successors and assigns -and shall continue as a
servitude running in perpetuity with the Property.
15. Notices. All notices, consents, approvals or other communications hereunder
shall be in writing and shall be deemed properly given if sent by United States certified
mail, return receipt requested, addressed to the appropriate party or successor -in -interest.
16. Subsequent Deeds. Grantor shall insert the terms and restrictions of this
conservation easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Property. Grantor further agrees to give written notice
to Grantee of the transfer of any interest at least twenty days prior to the date of such
transfer. The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this conservation easement or limit its enforceability in any way.
5
17. Severability. If any provision of this conservation easement or the application
thereof to any. person Ior circumstances is found to be invalid, the remainder of the
provisions of this conservation easement shall not be affected thereby, as long as the
purpose of the conservation easement is preserved.
18. Alteration or Revocation. This conservation easement may be amended, altered,
released or revoked only by permit modification as necessary and written agreement
between the parties hereto or their heirs, assigns or successors -in -interest, which shall be
filed in the public records in St. Lucie County.
19. Controlling Law. The interpretation and performance of this conservation
easement shall be governed by the laws of the State of Florida.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this conservation easement and all mortgages have been
joined or subordinated; that Grantor has. good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all person
whomsoever.
IN WITNESS WHEREOF, the Grantor has executed this Conservation Easement
on the day and year first above written.
Signed, sealed and delivered
in our presence as witnesses:
Y
Signature of Witnes
Printed/Typed Name
AQK-4-
S' ature of Wi ess
Printed/Typed N e
CHAIRMAN, BOARD OF COUNTY
Title: Chairman
APB' VEg AS
AN 8 c
UPITY A 1
6
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this &fL day of
(,e,,— , 20 Q5 , by FA Q 1kjzlo as Chairman of the ST. LUCIE COUNTY
BOARD OF COUNTY CONMSSIONERS. He/she is personally known to me.
(SEAL)
o Public Signature
ot01`' ",,, JoAnn Marie Riley
* Commission # DD374301
Expires Dewmbeber 4, 2008
OF fu poin- Msnm Yen w)-3WMI
Printed/Typed Name of Notary
Commission No. _
Commission Expires
0
i 1c 11
TIM
LEGAL DESCRIPTION AND SKETCH
OF CONSERVATION EASEMENT AREA
DESCRIPTION
A PARCEL OF LAND LYING IN SECTIONS 21, 22 AND 27. TOWNSHIP 36 SOUTH, RANGE 40 EAST,
SAINT LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS.
ALL OF THE FOLLOWING DESCRIBED LANDS:
FOR A POINT OF REFERENCE COMMENCE AT THE CENTERLINE INTERSECTION OF NARANJA AVENUE
AND PRIMA VISTA BOULEVARD AS SHOWN ON THE PLAT OF RIVER PARK UNIT 4, AS RECORDED IN
PLAT BOOK 11, PAGE 9, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 53'36'00"
EAST ALONG SAID CENTERLINE OF PRIMA VISTA BOULEVARD, 364.50 FEET; THENCE DEPARTING SAID
CENTERLINE SOUTH 36-26'00" EAST, 50.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY
RIGHT—OF—WAY LINE OF PRIMA VISTA BOULEVARD AND THE MEAN HIGH WATER LINE OF THE NORTH
FORKOF THE ST. LUCIE RIVER AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL
OF LAND; THENCE SOUTHEASTERLY, EASTERLY AND NORTHWESTERLY ALONG SAID MEAN HIGH WATER
LINE TO THEINTERSECTION WITH THE SOUTHERLY RIGHT—OF—WAY LINE OF PRIMA VISTA BOULEVARD;
THENCE. SOUTH 5334'00" WEST,, ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE 585.66 FEET TO THE
POINT OF BEGINNING.
LYING SOUTHEAST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF NARANJA AVENUE AND PRIMA VISTA BOULEVARD,
THENCE N53'36'00"E A DISTANCE OF 364.50 FEET, THENCE S65'46'35"E A DISTANCE OF 1037.97
FEET TO THE POINT OF BEGINNING, THENCE N41'11'55"E ALONG NORTHERN LIMIT OF A CONSERVATION
EASEMENT A DISTANCE OF 311.03 FEET, TO A POINT OF TERMINATION.
�-2��j Sheet 1 of 2
File: 03-132.dwg
Date: 9-1-2005
Tech: AWR
CONSULTING ENGINEERS
do
ci-CULPEPPER LAND SURVEYORS
2980 SOUTH 25ch STREET
TERPENING,INC. FORT PIERCE, FLORIDA 34982
(712) 464-3537
CERTIFICATE OF AUTHORIZATION NUMBER: 0000 4286
DESCRIPTION
CONSERVATION EASEMENT
Prepared For
RIVER PARK MARINA
PRIMA VISTA
BOULEVARD
(100' R /W)
P.O.C.
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
50.00
S36'26'00"E
1037.97
S65'49'35"E
�*
CENTERLINE INTERSECTION
NARANJA AVENUE AND
PRIMA VISTA BOULEVARD
(RIVERPARK UNIT 4)
PLAT BOOK 11. PAGE 9
G = DELTA
R = RADIUS
L = ARC LENGTH
CIR = CIRCLE
PG = PAGE
PS PLAT BOOK
POS = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PLS = PROFESSIONAL LAND SURVEYOR
BEARINGS SHOWN HEREON ARE ASSUMED AND
RELATED TO THE WESTERLY RIGHT—OF—WAY OF
SOUTH 25th STREET WITH A BEARING BASE OF
N00'00'O0"E
THIS IS NOT A SURVEY
GRAPHIC SCALE
200 0 100 200
( IN FEET )
1 inch = 200 ft.
chee+.a. r
File: 03-132.dwg
Date: 9-1-2005
Tech: AWR
CONSULTING ENGINEERS
&
CULPEPPER LAND SURVEYORS
2980 SOUTH 25th STREET
TERPENING.INC. FORT PIERCE. FLORIDA 34982
(772) 464-3537
CERTIFICATE OF AUTHORIZATION NUMBER: OD00 4286
SKETCH. OF DESCRIPTION
OF
CONSERVATION EASEMENT
Prepared For
RIVER PARK MARINA
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16
U % a v'� Page 1 of 1
Date Sent: July 21, 2010
Attention: Ann Amandro
Sign Up Request
Sign # / I Y
Sign to be installed by Sign Technicians before: Date for Installation: August 4, 2010
Please return signed and dated original to Diana Waite (ext. 1577) at Growth Management.
Thank you.
St. Lucie County
Affidavit of Public Notice
I, jqg.a 7—zf e .S/k V , do hereby certify that as Agent for the St. Lucie County Board of
Commissioners on the following described property:
Location of sign
At the entrance of River Park Marina and Prima Vista Blvd. — near the entrance road and visible to
those passing by.
I did on 2010 erect in a conspicuous place on this property the following notice:
PUBLIC NOTICE
Petition of St. Lucie County for a Variance from the St. Lucie River Shoreline
Protection Regulations to allow for the construction of a pavilion within the shoreline
buffer zone.
The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd
Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce,
Florida on August 17, 2010 @ 6:00 p.m. or as soon thereafter as possible before the
Board of County Commissioners.
Copies of the petition are available at the front desk in the Planning and Development
Services Department, County Administration Building, 2300 Virginia Avenue, Fort
Pierce.
If you have any questions please call the Planning and Development Services at 772-
462-2822.
PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION.
S ignature Date
AUG 0420ID
https ://webmail. stlucieco. org/owalWebReadyV iewB ody. aspx?t=att&id=RgAAAAAxYBr... 7/23 /2010
14
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Environmental Resources Department 772.462.2526
WWI
COUNTY''
®®®® ® ® F L O R 1 D A -
John Doe
2300 Virginia Avenue
Fort Pierce, FL 34982
Public Hearing Date:
August 17, 2010
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue
Ft Pierce, Florida 34982
Time:
6.00 PM
Applicant
St. Lucie County Parks &
Recreation Department
Property Location
500 East Prima Vista Blvd.
Port St. Lucie, FL
Approximately 1 mile west of
US Highway One, on the
south side of Prima Vista
Boulevard.
Zonin4
I (Institutional)
Future Land Use
P/F (Public Facilities) and
CPUB (Conservation Public)
Prima
PUBLIC HEARING NOTICE
River Park Marina
BCC 720104075
BCC-720104075 Zoning
River Park Marina
®Subject property St. WcieCountyonsem on Public
OSCPort St. Lucia Zoning - _ _ _ N
CPn - Consemtion PubNc OSC - Open Speoe-Conervation 7�y7j'^ A
L 500 tt notifkation area I- IrutlUbrxl RS2-SlrgiL-FamHy Residential PUD - Planned Uri DevebpmeM RS3 - Slnpk-Family Residential M.P Orapsrs4Jugap10
City of Port SL Wale RS-4 - Redden ial Singe Family (4 dLdac)
Public Hearing Description
The St. Lucie County Board of County
Petition of the St. Lucie County Parks
Commissioners has the power to approve
and Recreation Department for a vari-
or deny any applications within their area
ance from the provisions of Section
of responsibility.
6.02.02(B)(2)(a) of the St. Lucie
County Land Development Code - St.
All interested persons will be given an
Lucie River Shoreline Setbacks, to al-
opportunity to be heard. Written com-
low for the construction of a pavilion
ments received in advance of the public
within Zone A of the shoreline on the
hearing will also be considered. Written
River Park Marina property. The sub-
comments to the Board of County Com-
ject property is a public park, consist-
missioners should be received by the
ing of 12.74 acres of land area.
Environmental Resources Department at
least 3 days prior to the scheduled hear -
The 44-foot diameter pavilion would be
ing.
buffered from the river through estab-
lishment of a native shoreline planting
Further details are available in the Envi-
bed 75-feet in length. The open picnic
ronmental Resources Department.
pavilion would replace a concrete block
building that was damaged by fire and
Please contact:
subsequently demolished in 2006.
Staff Yvette Alger, Planner
Tel. 772-462-2866
Staff Recommendation
Email algeryCcD-stlucieco,org
Board adoption of Resolution No. 10—
Mail 2300 Virginia Avenue
108 granting approval to the petition.
Fort Pierce, Florida 34982
Single Image
Page 2 of 2
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rn'html--Filp-//(',-\Plpnnincr\PROTF.('T FTTF..S\Rivi-.r Park MarinaTublic Notice Items\coi)v of ... 8/6/2010
PROPOSAL
Proposal Submitted To:
St. Lucie County
Att: Mark DiMascio
Ft. Pierce, FL.
e-mail dimascioQstlucieco.org
_�4 FL�RIDA
NATIVE
Landscapes
877-461.9002 k�_
5980 37t' Street • Vero Beach, Florida 32966
772-567-8320
Fax 772-567-8319
Work To Be Performed At:
River Park Marina
Ft. Pierce, FL
We hereby propose to famish the materials and perform the labor necessary for the completion of:
July 19, 2010
Quantity
Size
Description
Unit Cost
Price
5
B & B
Cabbage Palm Regenerated
$250.00
$11250.00
1
30 Gal.
Bald Cypress
$185.00
$185.00
1
15 Gal.
Wax Myrtle
$55.00
$55.00
3
3 Gal.
Silver Buttonwood
$12.00
$36.00 .
7
3 Gal.
Saw Palmetto
$20.00
$140.00
24
3 Gal.
Muhley Grass
$11.00
$264.00
3
3 Gal.
Coontie Palm
$22.00
$66.00
3
3 Gal.
F irebush Dwarf
$12.00
$ 3 6.00
12
Yards
Mulch
$35.00
$420.00
1. Bed length is 75' long.
2. Bed is 12' away from pavilion at
closest point.
3. Bed is 20'_ away from seawall at
closest point.
4. Bed will be planted on top of
existing crown of grade which is pre-
existing.
5. Any fill generated by digging holes
for planting will be added to crown so
that no direct run-off occurs.
6. Muhley Grass, Dwarf Firebush and
Silver Buttonwood will be used to fill
in open areas in between (5) Sabal
Palms, (1) Bald Cypress, (1) Wax
Myrtle, (3) Coontie Palms and (7) Saw
Palmetto.
All material is guaranteed to be as specified, and the above work to be in accordance with the drawings and specifications. The
project will be completed in a workmanlike manner with payment to be made as follows: Deposit of 25% due upon acceptance of
proposal. Subsequent payments shall be due upon receipt of a progress billing. These progress billings shall include any materials
delivered to the job site and the percentage of the contract completed by the billing date. Progress billings shall be sent twice each
month and shall reflect the status of landowner's contract obligations at each billing date.
TOTAL: $2,452.00
Any alteration or deviation from above specifications involving extra costs will become an extra charge over and above the estimate.
All agreements contingent upon strikes, accidents, or delays beyond our control. All plants and trees sold by Florida Native are
warranted to be in good health and to be free of insects and disease at the time of installation. We will further guarantee all plants and
trees that we install for a period of one calendar year. If a plant or tree dies within the warranty period, we will replace it, one time, at
no charge. Sod is warranted for 30 days after initial installation.
This warranty assumes proper care by the property owner/client and does not cover loss due to post installation damage, abuse,
neglect or damage caused by severe weather such as -heavy winds, hurricanes, freeze conditions or other acts of nature. We make no
other warranty or guarantee either expressed or implied.
Respectfully submitted
Note — This proposal may be withdrawn by us if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work. Payment
will be made as outlined above.
Signature
Date Signature
AGENDA REQUEST
ITEM NO. V 1 I
DATE: August 17, 2010
REGULAR[]
PUBLIC HEARING [x]
CONSENT[]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith
Assistant County Attorney
SUBJECT: 404 East Easy Street., Fort Pierce, FL - Unsightly and unsanitary
conditions causing serious threat to public safety.
BACKGROUND: See attached memorandum CA 10-1023.
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION: Staff recommends that the Board order the property owner to
remove the unsightly and unsanitary conditions on the property or
St. Lucie County will have it cleared and place a lien on the property.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
X OTHER:
Faye W. Outlaw, MPA
Pulled prior to meeting. County Administrator
Review and Approvals
r�
[X] County Attorney:`
Daniel S. McIntyre
[X] Code Compliance Manager',:
Robin Meyer
y1
TO:
FROM:
C.A. NO:
DATE:
SUBJECT:
BACKGROUND:
INTER -OFFICE MEMORANDUM
COUNTY ATTORNEY'S OFFICE
ST. LUCIE COUNTY, FLORIDA
Board of County Commissioners
Katherine Mackenzie -Smith, Assistant County Attorney
10-1023
August 6, 2010
Code Enforcement Case - 404 East Easy Street - Unsightly and Unsanitary Matters
St. Lucie County has received code compliance complaints from the neighbors of the Property at 404
East Easy Street, Fort Pierce (Indian River Estates) and has exhausted all avenues to gain compliance.
The Property has been cited several times by Code Enforcement officers for violations of Section 1-9-
19, Abandoned Property, Junk, Trash Debris and Section 1-9-32, Prohibited Acts, St. Lucie County Code and
Compiled Laws. The property owner, Frederick Singletary ( the "Owner") caused to be discard, placed or
abandoned junk, trash and debris and permitted an unsanitary nuisance by the overgrowth. Initially, the
Owner, would abate the violations after receiving the Notice of Violation. On November 11, 2009, the Owner,
was found by the St. Lucie County Code Enforcement Board ( the "Board")to be a repeat violator of Section
1-9-19 St. Lucie County Code and Compiled Laws for outside storage of items and materials such as wood,
furniture and tile. The Owner has not abated the violation. The Owner has permitted an unsanitary nuisance
to be caused by the overgrowth. (Please see attached photographs.)
Chapter 67-1998, Laws of Florida, Section 2 finds that all lots in recorded subdivisions in St. Lucie
County, outside of municipalities, shall be kept free from debris or any other matter which by reason of
of height, proximity to neighboring structures, physical condition, or other peculiar characteristics, might cause
damage to life or property within the immediate area surrounding the same.
If the Board of County Commissioners finds it wise and expedient and serves a public health or safety
purpose for such property to be cleaned of junk, trash and debris, weeds, overgrowth or other growth or
materials, including but not limited to wood, furniture and tiles, the Board of County Commissioners shall
cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board
may order the property to be cleared of materials and overgrowth.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board authorize a 30-day notice be sent to the property owner ordering
him to remove the unsightly and unsanitary matters on the property or St. Lucie County will have it abated,
including, but not limited to, removing the vegetative debris, overgrowth, outside storage of items and
materials including but not limited to wood, furniture and building scraps, and place a lien on the property.
Encl.
S: VWTTY\KATH ERI N�404easy-a gendamemo.wpd
Respectfully submitted,
Katherine Mackenzie -Smith
Assistant County Attorney
�.
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NOTICE
To:
Frederick D. Singletary
404 E Easy Street
Fort Pierce, Fl 34982-3231
Property: 404 East Easy Street, Fort Pierce, FL
Parcel ID: 3402-603-0167-000-2
As the owner of record of the property above described, you are hereby notified that the
St. Lucie County Board of County Commissioners of St. Lucie County, Florida, on Tuesday, August
17, 2010 determined that a public nuisance exists upon such property, because your lot is in an
unsightly and unsanitary condition, caused by overgrown vegetation, unsightly junk trash and
debris including but not limited to wood, furniture and building materials. The overgrowth needs
to be maintained and all junk, trash and debris removed.
You are hereby notified that you must abate these nuisances within thirty (30) days. If
you fail to abate the nuisance, the Board of County Commissioners will have it done and the cost
thereof will be levied as an assessment against your property.
If you desire to be heard by the St. Lucie County Board of County Commissioners on this
matter, please contact the St. Lucie County Attorney's Office at 2300 Virginia Avenue, Fort
Pierce, Florida 34982; 772-462-1441 and you will be scheduled to appear at the September 7, 200
Board of County Commissioners meeting at 6:00 p.m. or as soon thereafter as possible, in the
Commission Chambers, Third Floor of the County Administration Annex, 2300 Virginia Avenue,
Fort Pierce, Florida.
THIS NOTICE DATED AND EXECUTED and dated this 181h day of August 2010.
Board of County Commissioners
of St. Lucie County, Florida
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ITEM NO. VII F
7ra@ W
COUNTY
F L O R i D A
TO:
SUBMITTED BY:
SUBJECT:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Planning and Development Services
Department
DATE: 8/17/2010
REGULAR
PUBLIC HEARING (X)
LEG. ( )
QUASI -JD (X)
CONSENT ( )
PRESENTED BY:
Linda Pendarvis
Planner
Prayer Tower — Rezoning and Preliminary and Final (PNRD) Planned Non
Residential Development Site Plan approval.
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: July 15, 2010 — Planning and Zoning Commission recommended the Board
approve this petition by a vote of 8 to 0.
RECOMMENDATION: Board adoption of Resolution No. 10-106 granting approval of the rezoning request
from RS-4 to PNRD and the Preliminary and Final PNRD Site Plan, as outlined in
the attached memorandum.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
County Attorney ( X )
Motion to approve as amended.
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Surveyor
Daniel S. McIntyre
County Engineer ( X ) %� P
Michael Powley
Originating Dept. ( X )
Mark Satterlee
ERD
(X) 14a,
Ron Harris
(X) YA
Yee Karen Smith
A19G
BOARD OF COUNTY COMMISSIONERS
Hearing Date:
August 17, 2010
File Number
PNRD 820093999
Applicant
Prayer Tower International,
Inc. / Jimmie Nettles
2464 Iroquois Avenue
Fort Pierce, FL 34946
Property Location
West side of North 25th Street,
approximately 1,200 feet south
of the intersection of St. Lucie
Blvd and North 25th Street.
Land Use & Zonjng
RU (Residential, Urban) & RS-
4 (Residential, Single Family-
4 du/ac)
Proposed Zoning
PNRD (Planned Non -
Residential Development)
Previous Action
July 15, 2010—Planning and
Zoning Commission recom-
mended approval of the
Planned Non -Residential De-
velopment.
Project Manager
Linda Pendarvis, Planner
772-462-1562
pendarvisl@stlucieco.org
Indrio Rd
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St Lucie Blvd
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Amendment to the
Official Zoning Atlas and
Preliminary and Final PNRD
AGENDA ITEM NO.: VII F
-D: 00•
Prayer Tower International, Inc.
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Project Description
Petition of Prayer Tower International,
Inc. for an amendment to the Official
Zoning Atlas to change the zoning from
the RS-4 (Residential, Single Family — 4
du/acre) Zoning District to the PNRD
(Planned Non -Residential Develop-
ment) Zoning District and grant Prelimi-
nary/Final PNRD Site Plan approval for
the project known as Prayer Tower. If
approved, this Planned Non -Residential
Development Site Plan will consist of a
5,500 square foot religious facility.
Background
Presently, Prayer Tower's congregation
consists of approximately 40 to 50 peo-
ple. The proposed development will be
provided with adequate public facilities.
The site is currently vacant and un-
disturbed. The property is located
within an area primarily undeveloped.
The proposed rezoning and religious
facility is a compatible use with the ex-
isting and proposed uses.
Recommended Board Action
Board adoption of Resolution No. 10-
106 granting approval of the rezoning
request from RS-4 to PNRD and the
Preliminary and Final PNRD Site Plan,
as outlined in the attached memoran-
dum.
Notice Requirements
Public hearing notice in accordance
with Section 11.00.03 of the Land De-
velopment Code was placed in the St.
Lucie News Tribune, letters were sent
to property owners within 500 feet of
the subject property, and a sign was
placed on the property.
A neighborhood meeting was con-
ducted at the St. Peter Evangelical Lu-
theran Church on May 18, 2010 at
6:30PM.
Further details are found in the at-
tached memorandum.
Planning and Development
1 Services Department
'COUNTY
• MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP; Directs
*_�
Kara Wood, Planning Manager If
FROM: Linda Pendarvis, Planner 0
Planning Division
DATE: August 17, 2010
SUBJECT: Board adoption of Resolution No. 10-106 granting approval of the rezoning
request from RS-4 to PNRD and the Preliminary and Final PNRD Site Plan, as
outlined in this memorandum.
ITEM NO. VII F
Background:
The subject property consists of 1.6 acres of land area and is located on the west side of North
25th Street, approximately 1,200 feet south of the intersection of St. Lucie Blvd and North 25th
Street. The petition for Prayer Tower International, Inc. was submitted by Pastor Jimmie Nettles to
request the approval of a change in zoning from RS-4 to the PNRD Zoning District to allow for the
development of a 5,500 square foot religious facility.
The Planning and Zoning Commission held a public hearing on this application and voted 8 to 0 to
recommend approval to the Board of County Commissioners. Planning and Zoning included a
recommendation that the eight foot opaque fence be set back twenty-five feet from the front
property line to allow an unobstructed view of the ingress and egress on North 25th Street from the
subject property. The applicant provided a revised site plan showing the requested change. Staff
supports this request because it is consistent with the minimum setback for structures in the
existing RS-4 Zoning District.
In response to the recommended changes, the applicant also satisfied Condition Number 5 of the
draft Resolution within the revised Landscape Plan. Condition Number 5 has been struck through
on the draft Resolution and will be removed from the final.
There were no comments from the public in objection to the requested action. The Planning
Division has not received any phone calls, a -mails or letters in opposition to the request.
Staff has determined that the proposed PNRD site plan meets the St. Lucie County Land
Development Code standards of review for a site plan and change in zoning as set forth in
Sections 11.02.07 and 11.06.03.
Prayer Tower
August 17, 2010
Page 2
Recommendation:
Board adoption of Resolution No. 10-106 granting approval of the rezoning request from RS-4 to
PNRD and the Preliminary and Final PNRD Site Plan, as outlined in this memorandum.
WON
7NTY
O
R
I D
A
Environmental Resources
Department
Companion Report
TO: Board of County Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
DATE: July 29, 2010
SUBJECT: Prayer Tower - Amendment to the Official Zoning Atlas and
Preliminary and Final Planned Non Residential Development Site
Plan approval.
Background
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the applicant's request for Preliminary/Final PNRD approval.
Findings
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the requested Preliminary/Final PNRD.
nature
7NTY
0 R I D A
Environmental Resources
Department
Final Report
TO: Linda Pendarvis, Planning & Development Services Department
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
DATE: August 4, 2010
SUBJECT: Prayer Tower Preliminary/Final PNRD
PNRD 820093999
Background
The Environmental Resources Department is in receipt of the July 30, 2010 Planning
and Development Services' date -stamped resubmittal. The applicant is requesting
Preliminary/Final Planned Non-residential Development (PNRD) approval of a proposed
5,500 square foot religious facility south of St. Lucie Boulevard, on the west side of 25tn
Street. The proposed 1.6-acre project site contains disturbed pine flatwoods, with a
canopy of native pines, live oaks, and cabbage palms.
Findings
The project would impact 111.5 inches diameter at breast height (DBH) of pines, while a
total of 5 cabbage palms, 21 inches of hickory trees, 144.5 inches of pines, and 19
inches of oaks are identified for preservation. Tree mitigation has been met through on -
site preservation (Section 6.00.05.D).
The site is located within 0.25 miles of a scrub -jay habitat buffer, as defined by the US
Fish and Wildlife Service (FWS). The May 14, 2010 submittal included the methods and
results of March 2010 scrub -jay surveys, concluding that impacts to Florida scrub jays
are not anticipated. The US Fish and Wildlife Service (FWS) reviewed and approved the
scrub jay survey report, concurring that construction of the proposed project would not
impact scrub -jays.
Recommendation
ERD recommends approval of the Prayer Tower Preliminary/Final PNRD with conditions
as outlined below.
Environmental Resources Department
Final Report
Prayer Tower Preliminary/Final PNRD
August 4, 2010
Conditions of Approval
1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
obtain and provide the Environmental Resources Department with copies of any
required federal and state permits. If federal or state agency compliance requires
modification to the development plans, the applicant will promptly modify the plans
and submit to St. Lucie County for review and approval as required by the Land
Development Code. The applicant will not use the County's development approval
to prevent compliance with any federal or state agency requirements.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
finalize an improvement agreement acceptable to the Environmental Resources
Department (ERD) covering the cost to purchase and install all required landscaping,
irrigation, and related improvements shown in the approved landscaping plan. A
copy of this agreement can be obtained by visiting the St. Lucie County ERD website
at:.http://www.stlucieco.org/erd/index.htm.
Please contact Yvette Alger at 772-462-2866 if you have any questions.
S:\erd\Environmental Regulations\SITE PLANS\Prayer Tower - 25th Street\PrayerTower_25thSt_FinalRpt_July1 O.docx
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RESOLUTION NO. 10-106
File Number: PNRD 820093999
A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-4
(RESIDENTIAL, SINGLE FAMILY — 4 DU/ACRE) ZONING
DISTRICT TO THE PNRD (PLANNED NON-RESIDENTIAL
DEVELOPMENT) ZONING DISTRICT AND GRANT PRELIMINARY
AND FINAL PLANNED NON-RESIDENTIAL DEVELOP ENT SITE
PLAN APPROVAL FOR THE PROJECT KNOWNj0911111kRAYER
TOWER.
WHEREAS, the Board of County Commissioners of St.Ju5kCountJ%ftrida, based on the
testimony and evidence, including but not limited to port, ha de the following
determinations:
Prayer Tower International, Inc. presented a n for a change in zoning from
the RS-4 (Residential, Single mily — 4 du/acr Wing District to the PNRD
(Planned Non -Residential Deve t) Zoning Dis or the project known as
Prayer Tower, for property loc the west s North 25th Street,
approximately 1,200 feet south of in of St. le Blvd. and North 25th
Street, St. Lucie County, Florida and scri ow.
The Develop w Commi a has viewed the rezoning and
Preliminary/F' Planne n-Resident Development site plan for the proposed
project and . to me II technical . ments and to be consistent with the
Future Land Use of t. Lucie Co y Comprehensive Plan, subject to the
n i i et forth on.
2.
co dt ons s
3. Jul15
lic
hearing,
Nesi*
hin 500
tof Coun
(I, single
Revelo
R 6elo
property des
August 17, 2010
Page 1
e cie County Planning and Zoning Commission held a
ch du Otnotice was published and mailed to all property
at lea 0 days prior to the hearing, and recommended that
mmi sioners approve the change in zoning from the RS-4
ily — 4 du/acre) Zoning District to the PNRD (Planned Non-
nt) Zoning District and the Preliminary/Final Planned Non-
ent site plan for the project known as Prayer Tower, for the
Part A below.
Resolution No. 10-106
File No.: PNRD820093999
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4. On August 17, 2010, the St. Lucie County Board of County Commissioners held a
public hearing, of which due public notice was published and mailed to all property
owners within 500 feet at least 10 days prior to the hearing, and granted/denied the
change in zoning from the RS-4 (Residential, single Family — 4 du/acre) Zoning
District to the PNRD (Planned Non -Residential Development) Zoning District and the
Preliminary/Final Planned Non -Residential Development site plan for the project to
be known as Prayer Tower.
5. The proposed change in zoning is consistent with the goals, objectives, and policies of
the St. Lucie County Comprehensive Plan and has satisfi a requirements of
Section 11.06.03 of the St. Lucie County Land Development e.
SITE PLAN
6. Prayer Tower International, Inc. presenteIrpetit
Preliminary/Final PNRD Site Plan appro or the
The 5,500 square foot building will con ' sanc
and offices.
for a chant'
)ject known
1K, meeting
ing and for
W
Tower.
en area
7. The Development Review Co mittee has revie he site plan for the proposed
project and found it to mee imum technic uirements, subject to the
conditions set forth in Part B bel
8. The proposed project is consisten ith t I p ose, goals, objectives and
standards of the S ucie County n eve Code, the St. Lucie County
Comprehensiv the Code o dinances St. Lucie County.
9. The propo ect wil t have an u e dverse effect on adjacent property, the
character of t ighb ood, traffic c itions, parking, utility facilities or other
matters affectin Q Afet nd general welfare.
10.
ject on the'
J screening.
11. Th used p
interf 'th the
applicab trici
haqnLeen taken to minimize any adverse effect of the proposed
diat i through building design, site design, landscaping
will be constructed, arranged and operated so as not to
lopment and use of neighboring property, in accordance with
ations.
12. The proposecroject will be served by adequate public facilities and services.
13. A Certificate of Capacity was granted for this project on August 3, 2010, a copy of
which is attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
August 17, 2010
Page 2
Resolution No. 10-106
File No.: PNRD820093999
CHANGE IN ZONING
A. The proposed change in zoning from the RS-4 (Residential, Single Family - 4du/acre)
Zoning District to the PNRD (Planned Non -Residential Development) Zoning District,
owned by Indrio Land Company, is hereby -granted/denied an approval for the
following described property:
Lots 5 and 6, Block 30, San Lucie Plaza Subdivision, according to the Plat
thereof, recorded in plat book 5, page 57, of the public rec rds of St. Lucie
County, Florida
Together with;
San Lucie Plaza Subdivision Unit One, Block 30, Lo 18, 19, 20, 21, 22,
23 & 24 and South % of vacated Hawthorne Road ce the north.
Parcel Id: 1428-702-0501-000/4 & 1428-70 - 0/1
Location: West side of North 25ih Str approxi ately 1,200 fe 6uth�,of
the intersection of St. Luc' nd No�25th Street.
SITE PLAN
B. Pursuant to Section 11. 02.05(B)IJhk St. Lucie Cou nd Development Code, the
Final PNRD (Planned No velopment) an known as Prayer
Tower, is hereby approved/denied s the site p drawings for the project
prepared by Stephen Cooper, P.E. sso th ast revised date being July
21, 2010 and dat tamped recei th ucie County Planning and
Development S partment July 30, 010, subject to the following
conditions:
1. No clearing er si ork shall co nce until after constructible engineering
plans have be ty Engineer and all county environmental
bee ued by nmental Resources Department pursuant to
ection 8(B) the St. Lucie County Land Development Code. As of this
date of iss of th opment Order, no constructible site development
lans have be bmitte review. No work shall commence after the issuance
nvironmenta rmits y county, or of any other permits by any other agency,
e County ineer has approved the constructible site plans.
2. Pursu Se n 11.02.08(B)(6) of the St. Lucie County Land Development
Code, n all commence on the site until all regulatory
permits required from
Federal, S ,and regional agencies and special districts have been issued. The
Florida D artment of Environmental Protection, National Pollutant Discharge and
Elimination System compliance notice must be submitted to the County Engineer
with the constructible site plan at the time of building permit application or during
permit review or no paving, grading, and drainage permit and no building permit
shall be issued. All National Pollutant Discharge and Elimination System Best
Management Practices shall be instituted on the site prior to site clearing and
maintained daily. Stormwater ponds shall be roughed in at the same time the site
is cleared of groundcover.
August 17, 2010 Resolution No. 10-106
Page 3 File No.: PNRD820093999
3. Within 90 days after receiving final site plan approval, the applicant shall convey
the required road right of way for Jefferson Parkway. Manner and form of
conveyance shall be acceptable to the County Attorney. The sketch and legal
description shall be prepared by a Florida licensed surveyor and mapper. Pursuant
to Chapter 7.05.03 of the St. Lucie County Land Development Code, the applicant
may be granted credits against road impact fees.
4. Within 90 days after receiving final site plan approval the applicant shall execute an
agreement to pay a fee -in -lieu of construction for sidewal multi -purpose paths
and remit to the County the required funds. The acc le ethod of payment
shall be a certified check payable to St. Lucie Co A copy of the standard
"Agreement" can be obtained by visiting the County Public Works
Department website at:.http://www.stlucieco.gov lic w dex.htm or contact
Ron Harris, County Surveyor at 462-1721. r 7.05 ires that all new
developments within the urban servic o4a.
Mary shall ruct concrete
sidewalks adjacent to all roadways publ' r private_.
6. Prior to issua egetation R val Permr Exemption, the applicant shall
obtain and vide nvironmen Resources Department with copies of any
required I and s permits,limited to US Fish and Wildlife
If federal or state agency
compliance re to a development plans, the applicant will
pNth
ns�1!l�to St. Lucie County for review and approval
re Development Code. The applicant will not use the
Counen ov I to prevent compliance with any federal or state
genS.
7. P to issuance Vegetation Removal Permit or Exemption, the applicant shall
in an impro ent agreement acceptable to the Environmental Resources
Depa t (E covering the cost to purchase and install all required
landsca ation, and related improvements shown in the approved
landscapin an. A copy of this agreement can be obtained by visiting the St.
Lucie Cou ERD website at: http://www.stiucieco.org/erd/index.htm.
GENERAL PROVISIONS
C. This Final PNRD (Planned Non -Residential Development) Site Plan approval shall
expire on August 17, 2012, unless a building permit is issued or an extension is
granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land
Development Code.
August 17, 2010 Resolution No. 10-106
Page 4 File No.: PNRD820093999
1
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D. The Final PNRD (Planned Non -Residential Development) Site Plan approval granted
under this Resolution is specifically conditioned to the requirement that the petitioner,
Prayer Tower International, Inc. including any successors in interest, shall obtain all
necessary development permits and construction authorizations from the appropriate
State and Federal regulatory authorities, including but not limited to the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, and the
South Florida Water Management District, prior to the issuance of any local building
permits or authorizations to commence development activities on the property
described in Part A.
A Certificate of Capacity, a copy of which is attached to
was granted by the Planning and Development Service
which certificate shall remain valid for the period of t
Development Site Plan approval or any extension gr c
A copy of this resolution shall be attached to
B, which plan shall be placed on fil
Development Services Department.
The St. Lucie County Planning
authorized and directed to cau e
Official Zoning Map of St. Lucie
the date of adoption of this resolu
Director of Planning
ar site development
K. The con set f h in Part B
approval gr is resolution
be invalid or forceable for
voluntarily wit hat condition, the
become null and void.
August 17, 2010
Page 5
�oll.tion as "Exhibit B"
>r on August 3, 2010,
nned Non -Residential
in Part
ng and
as Director is hereby
on to be made on the
notation of reference to
015oordinate the issuanc
ction authorizations or
for such permits are met.
e of
site
receipt requested to the developer and
ilications.
Public Records of St. Lucie County. The
not authorize the commencement of any on -site
ining such further development permits as may be
of approval as set forth above, and all applicable
o the satisfaction of the County before final site
are an integral nonseverable part of the site plan
If any condition set forth in Part B is determined to
iy reason and the developer declines to comply
site plan approval granted by this resolution shall
Resolution No. 10-106
File No.: PNRD820093999
1
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L. ADOPTION
After motion and second, the vote on this resolution was as follows:
Charles Grande, Chairman XXX
Doug Coward, Vice Chairman XXX
Chris Dzadovsky, Commissioner
Paula A. Lewis, Commissioner
XXX
Chris Craft, Commissioner )
PASSED AND DULY ADOPTED this 17th day of Aug
August 17, 2010
Page 6
NERS
RIDA
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Resolution No. 10-106
File No.: PNRD820093999
1
2
3
4
5
6
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August 17, 2010
Page 7
Resolution No. 10-106
File No.: PNRD820093999
EXHIBIT ' 8 u
St Lucie County
Certificate of Capacity
Date 8/3/2010
Certificate No. 2862
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Rezoning and Planned Development Site Plan
Number of units 0 Number of square feet 5,500
2. Property legal description & Tax ID no.
142870205010004 & 142870205130001
North 25th Street
Prayer Tower
3. Approval: Building
Resolution No. 10-106 Letter 08/17/10
4. Subject to the following conditions for concurrency:
Owner's name
Prayer Tower International, Inc.
Address
2464 Iroquois Avenue
Fort Pierce FL 34946
6. Certificate Expiration Date 8/17/2011
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed / !/li�/�y� A1ZV \,� Date: 8/3/2010
Planning and Development Services Director
St Lucie County, Florida
Tuesday, August 03, 2010 Page 1 of 2
1 St. Lucie County
2 Planning and Zoning Commission/ Local Planning Agency
3 Roger Poitras Annex, Commission Chambers, 3rd Floor
4 July 15, 2010 Meeting
5 6:00 p.m.
6 In the event of a conflict between these written minutes and a compact disc recording,
7 the compact disc shall control.
9 I. CALL TO ORDER
10 Chairman Mundt called the meeting to order at 6:00 p.m.
11 A. Pledge of Allegiance
12
B. Roll Call
13
Craig Mundt .....................................
Chairman
14
Britt Reynolds ..................................
Vice -Chairman
15
Pamela Hammer ..............................
Commission Member
16
Edward Lounds................................
Commission Member
17
Stephanie Morgan ............................
Commission Member
18
Tod Mowery .....................................
Commission Member
19
Susan Caron ....................................
Commission Member
20
Barry Schrader .................................
Commission Member
21
Brad Culverhouse (arrived at 6:35) .. Commission Member
22
Kathryn Hensley (arrived at 6:05).....
Ex-Officio Member
23
24
Members Absent
25
None
26
27
Staff Present
28
Heather Young .................................
Assistant County Attorney
29
Mark Satterlee..................................
Planning and Development Services Director
30
Kara Wood .......................................
Planning Manager
31
Linda Pendarvis ...............................
Planner
32
Britton DeWitt ...................................
Senior Planner
33
Michelle Hylton .................................
Recording Secretary
34
35 C. Announcements
36 None.
37 D. Disclosures
DRAFT Page 2 of 3
38 None.
39 II. MINUTES
40 Review the minutes from the May 20, 2010 meeting for approval.
41 Mr. Mowery moved to approve of the minutes as amended.
42 Mr. Reynolds seconded. The motion carried 8-0.
43 III. PUBLIC HEARINGS
44 A. Prayer Tower International, Inc. — PNRD 820093999
45 Petition of Prayer Tower International, Inc. for an amendment to the Official Zoning
46 Atlas to Change the Zoning from the RS — 4 (Residential, Single Family — 4 du/acre)
47 Zoning District to the PNRD (Planned Non -Residential Development) Zoning District and
48 grant Preliminary and Final Planned Non — Residential Development site plan approval
49 for the project known as Prayer Tower. Staff comments and presentation by Linda
50 Pendarvis.
51 Ms. Pendarvis presented the petition
52 Mr. Lounds asked whether an existing facility at Juanita and 25th Street that serves alcohol
53 would be burdened by the location of the new religious facility.
54 Ms. Pendarvis stated they would not be affected unless they go out of existence for 12 months,
55 in which case they would need to apply for a conditional use or variance.
56 Steven Cooper, of Steven Cooper P.E. and Associates, spoke on behalf of the applicant
57 stating they agree with the report and recommendations. He stated they have FDOT approval
58 to build on 25th Street.
59 Mr. Schrader asked what kind of lighting would be used.
60 Mr. Cooper stated there is no proposed lighting.
61 Mr. Lounds asked about the size of the congregation in relation to traffic.
62 Pastor Jimmie Nettles, the applicant, stated they have 40-60 people, but are growing.
63 Mr. Mundt asked whether sound would be contained within the building.
64 Mr. Nettles stated that is correct.
65 Chairman Mundt opened the public hearing.
Planning and Zoning Commission June 17, 2010
Minutes
DRAFT Page 3 of 3
66 No one spoke.
67 Chairman Mundt closed the public hearing.
68 Mr. Mowery stated there are 51 proposed parking spaces in response to Mr. Lounds' question.
69 Mrs. Hammer asked if it were possible to waive the opaque fence requirement so it does not
70 block the view of trees.
71 Ms. Pendarvis stated the Code is adamant about fencing between a single family home and a
72 PNRD.
73 Mr. Lounds asked whether there could be a "step-down" fence to avoid traffic hazards.
74 Ms. Pendarvis stated they could do a triangle visual fence.
75 Mr. Schrader made the motion:
76 After Considering the testimony presented during the public hearing, including
77 staff comments, and the standards of review as set forth in Section 11.06.03, St.
78 Lucie County Land Development Code, I hereby move that the Planning and
79 Zoning Commission recommend that the St. Lucie County Board of County
80 Commissioners grant a change in Zoning from the RS-4 (Residential, Single
81 Family — 4 du/ac) Zoning District to the PNRD (Planned Non -Residential
82 Development) Zoning District, and preliminary/final PNRD site plan approval for
83 the project known as "Prayer Tower" because it is compatible with the
84 characteristics of the neighborhood and the zoning of the surrounding
85 properties, and I also ask that we include the conditions and recommendations
86 set forth by staff.
87 Mr. Reynolds seconded.
88 Mr. Mowery suggested moving the fence back to the front face of the homes to remove the
89 concern of Mr. Lounds.
90 Ms. Pendarvis stated they could require a 25-foot setback, which would be normal in this
91 zoning district.
92 Mr. Lounds stated that would satisfy his concerns.
93 Mr. Schrader amended his motion to include the 25-foot setback.
94 Mr. Reynolds stated his second stills stands. The motion carried 8-0.
Planning and Zoning Commission June 17, 2010
Minutes
ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
AUGUST 17, 2010
NOTICE OF PROPOSED AMENDMENT TO THE OFFICIAL ZONING
ATLAS AND PLANNED DEVELOPMENT SITE PLAN
The St. Lucie County Board of County Commissioners proposes to consider the adoption
of the following by resolution:
RESOLUTION NO.10-106
A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL ZONING ATLAS
TO CHANGE THE ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE FAMILY — 4
DU/ACRE) ZONING DISTRICT TO THE PNRD (PLANNED NON-RESIDENTIAL
DEVELOPMENT) ZONING DISTRICT AND GRANT PRELIMINARY AND FINAL
PLANNED NON-RESIDENTIAL DEVELOPMENT SITE PLAN APPROVAL FOR THE
PROJECT KNOWN AS PRAYER TOWER,
APPLICANT: Prayer Tower International, Inc.
FILE NUMBER: PNRD 820093999
LEGAL DESCRIPTION: Lots 5 and 6. Block 30, San Lucie Plaza Subdivision,
according to the Plat thereof, recorded in plat book 5, page 57, of the
public records of St. Lucie County, Florida Together with; San Lucie Plaza
Subdivision Unit One, Block 30, Lots 17, 18, 19, 20, 21, 22, 23 & 24 and South
of vacated Hawthorne Road adjacent on the north.
LOCATION: West side of North 2511 Street, approximately 1,200 feet south of the intersection
of St. Lucie Blvd and North 251 Street.
PURPOSE: Petition of Prayer Tower International, Inc. for an amendment to the Official Zoning
Atlas to change the zoning from the RS-4 (Residential, Single Family-4 du/acre) Zoning District
to the PNRD (Planned Non -Residential Development) Zoning District and grant Preliminary/
Final PNRD Site Plan approval for a religious facility to be known as Prayer Tower.
PNRD-826693999 N
- Prayer Tower
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International Inc rA
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The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras
Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, For Pierce,
Florida on Tuesday, August 17, 2010, beginning at 6:00 PM or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments
received in advance of the public hearing will also be considered. Written
comments to the Board of County Commissioners should be received by the
Planning and Development Services Department - Planning Division at least
3 days priorto the scheduled hearing. The petition file is available for review at the Planning
and Development Services Department offices located at 2300 Virginia Avenue, 2n° Floor,
Fort Pierce, Florida, during regular business hours. Please call 772/462.2822 or TOD
772/462.1428 if you have any questions or require additional information.
The St. Lucie County Board of County Commissioners has the power to review and grant
any applications within their area of responsibility.
The proceedings of the Board of County Commissioners are electronically recorded.
PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal
any decision made by the Board of County Commissioners with respect to any matter
considered at a meeting or hearing, he or she will need a record of the proceedings. For
such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to
be based. Upon the request of any party to the proceeding, individuals testifying during
a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to
cross-examine any individual testifying during a hearing upon request. If it becomes
necessary, a public hearing may be continued from time to time as may be necessary to
a date -certain.
Anyone with a disability requiring accommodation to attend this meeting should contact
the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the
meeting at (772)462-1546 or T.D.D. (772)462.1428. Any questions about this agenda may
be referred to St. Lucie County Planning Division at (772) 462.2822.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/S/ CHARLES GRANDE, CHAIRMAN
COMMISSIONERS
Meeting Time:
6:00 PM (or soon thereafter )
John Doe
123 Anywhere St.
Anywhere, USA 12345
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Fort Pierce, FL 34982
Applicant
Prayer Tower International, Inc.
2464 Iroquois Ave
Fort Pierce FL 34946
(722) 201-2035
File Number
PNRD 820093999
Project Location
W. side of North 25th St., approxi-
mately 1, 200 ft S of the intersec-
tion of St. Lucie Blvd. & N. 25th St.
Future Land Use
RU (Residential, Urban-5du/lac)
Existing Zoning
RS-4 (Residential, Single Family —
4du/ac)
Proposed Zoning
PNRD (Planned Non -Residential
Development)
Staffs Recommendation
Board adoption of Resolution No.
10-106 for approval of the applica-
tion for Prayer Tower International,
Inc.
Indno R
I
z �
3 N
*
St Lucie Blvd
— C-25Tsns1 c
9 Z a
N
Oran eAve vee A
Public Hearing Notice
Tuesday, August 17, 2010
Prayer Tower Notice of Proposed Amendment to the
Official Zoning Atlas and Preliminary/Final Site Plan
(File No. PNRD 820093999)
■
N!mil■
■
1
„
,1Ft
Pierce City Limits
Public Hearina Description
Petition of Prayer Tower International,
Inc. for an amendment to the Official
Zoning Atlas to change the zoning from
the RS-4 to the PNRD Zoning District
and grant Preliminary/Final PNRD Site
Plan approval for a project to be known
as Prayer Tower. This Planned Non -
Residential Development Site Plan if
approved will consist of a 5, 500 square
foot religious facility.
Background
Presently, Prayer Tower's congregation
consists of approximately 40 to 50 peo-
ple. The proposed development will be
provided with adequate public facilities.
Further details are available in the Plan-
ning and Development Services Depart-
ment, please contact.
Staff
Linda Pendarvis
Tel
772.462.1562
Email
pendarvisl@stlucieco.org
Mail
2300 Virginia Avenue
Fort Pierce, FL 34982
The St. Lucie County Board of County
Commissioners has the power to review
and grant any applications within their
area of responsibility.
The Board of County Commissioners
strongly encourages your input and
comment at the public hearing. You may
also mail or email written comments in
advance of the public hearing for inclu-
sion in the official record regarding this
proceeding. Written comments to the
Board of County Commissioners should
be received by the Planning and Devel-
opment Services Department —Planning
Division at least 3 days prior to the
scheduled hearing.
Anyone with a disability requiring ac-
commodations to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance
at 772.462.1546 or TDD 772.462.1428
Date Mailed 8/02/2010
AFFIDAVIT
COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS
STATE OF FLORIDA
COUNTY OF ST. LUCIE
,-r-0
IOAO IL I �� �� 5 , being first duly sworn deposes and states:
1. I am the owner or the agent for the project known as Prayer Tower for the following
petition: File No. PNRD 82009399.
2. 1 hereby certify that I have complied with the notice requirements set forth in
Section 11.00.03.E of the St. Lucie County Land Development Code for the
August 17, 2010 public hearing to be conducted by the Board of County
Commission on the above -referenced petition. The required sign was printed and
posted to the specifications listed on the Sign Content and Sign Requirements
forms provided by St Lucie County Planning and Development Services - Planning
Division on July 29, 2010. The following required documentation is attached:
A. Dated Photo (Close up)y
B. Dated Photo (Distant) v
Further affiant sayeth not.
(Name of Affiant)
STATE OF FLORIDA
COUNTY OF ST. LUCIE
the forego insjrument was acknowledged before me this ay of,.Ji k 2010,
by + �M �[ I Said person (Check one) is ersonally
known to me, V produced a driver's license (issued by a state of the United States within
the last five (5) years as identification, or produced other identification, to wit
Typed or Printed Name
Commission No.:
My Commission expires
of Notary
a
41 P ON ��Id)G t003 AW °�%i. Asno:H01W
Form 08-48
�_ a__ _ti _ .__ _ -
- --
�- _ � - -
=- � _ _
��. - � - _
ITEM NO. III -A
DATE: 7/15/2010
'COUNTY
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING (X )
LEG. ( )
QUASI -JD (X )
CONSENT ( )
TO: Planning and Zoning Commission PRESENTED BY:
Linda Pendarvis
Planner
SUBMITTED BY: Planning and Development Services
Department, Planning Division
SUBJECT: Petition of Prayer Tower International, Inc. for an amendment to the Official Zoning
Atlas to change the zoning from the RS-4 (Residential, Single Family — 4 du/acre)
Zoning District to the PNRD (Planned Non -Residential Development) Zoning
District and grant Preliminary/Final PNRD Site Plan approval.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Forward this petition to the Board of County Commissioners with a
recommendation for Board adoption of Resolution No. 10-106 granting approval,
as outlined in the attached memorandum.
Coordination/Signatures
County Attorney ( X) .7 os M County Surveyor ( X )
Dani I S. McIntyre
H,_
County Engineer ( X)?��
Michael Powley
Originating Dept. ( X)
Mark Satterlee
Ron Harris
ERD (X) YA
A�Karen Smith
r ��
PLANNING AND ZONING COMMISSION
Hearing Date:
Thursday
July 15, 2010
Applicant
Prayer Tower International, Inc.
File Number
PNRD 820093999
Property Location
West side of North 25'h Street,
approximately 1,200 feet south
of the intersection of St. Lucie
Blvd and North 251" Street.
Future Land Use
RU (Residential, Urban —
5du/l ac)
Existing Zoning
RS-4 (Residential, Single Fam-
ily - 4du/ac)
Proposed Zoning
PNRD (Planned Non -
Residential Development)
Staff Recommendation
Forward this petition to the
Board of County Commission-
ers with a recommendation for
Board adoption of Resolution
No. 10-106, as outlined in the
attached memorandum.
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North 25th Street
Project Description
Petition of Prayer Tower International, Inc. for
an amendment to the Official Zoning Atlas to
change the zoning from the RS-4 (Residential,
Single Family — 4 du/acre) Zoning District to
the PNRD (Planned Non -Residential Develop-
ment) Zoning District and grant Preliminary/
Final PNRD Site Plan approval for the project
known as Prayer Tower. This Planned Non
Residential Development Site Plan will consist
of a 5,500 square foot religious facility if ap-
proved.
Background
On June 10, 2010 the Development Review
Committee certified the application to move
forward to the next step in the development
review process.
Notice Requirements
Public hearing notice in accordance with Sec-
tion 11.00.03 of the Land Development Code
was placed in the St. Lucie News Tribune,
letters were sent to property owners within 500
feet of the subject property, and a sign was
placed on the property.
Further details are available in the Plan-
ning and Development Services Depart-
ment —please contact:
Staff
Linda Pendarvis
tel.
772-462-1562
Email
pendarvisl@stlucieco.org
Mail
2300 Virginia Avenue
Fort Pierce, Florida
34982
The St. Lucie County Planning and Zoning
Commission has the power to review and
recommend to the St. Lucie County Board
of County Commissioners, for approval or
disapproval, any applications within their
area of responsibility.
Anyone with a disability requiring ac-
commodation to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance at
772.462.1546 or TDD 772.462.1428
Oro
COUNTY
F L O R I D A
Planning and Development Services
Department
TO: Planning and Zoning Commission
THROUGH: Mark Satterlee, Direct
Kara Wood, Planning Manager
FROM: Linda Pendarvis, Planner
Planning Division
DATE: July 15, 2010
MEMORANDUM
SUBJECT: Petition of Prayer Tower International, Inc. for an amendment to the Official
Zoning Atlas to change the zoning from the RS-4 (Residential, Single Family — 4
du/acre) Zoning District to the PNRD (Planned Non -Residential Development)
Zoning District and grant Preliminary/Final PNRD Site Plan approval.
ITEM NO. III -A
GENERAL INFORMATION:
Applicant: Civil Engineer:
Prayer Tower International, Inc. Stephen Cooper, P.E. & Associates, Inc.
Pastor Jimmie Nettles Consulting Engineer
2464 Iroquois Avenue 209 NE Sagamore Terrace
Fort Pierce, FL 34946 Port St. Lucie, FL 34983
Phone: 772.201.2035 Phone: 772.879.7779
Property Owner:
Indrio Land Company
Michael S. Jones, President
1720 EL Jobean Road
Port Charlotte, FL 33948
Phone: 941.206.2318
Surveyor:
Bloomster Professional Land Surveyors, Inc.
791 Northeast Dixie Highway
Jensen Beach, FL 34957
Phone: 772.334.0868
Requested
Action: To amend the Official Zoning Atlas to change the zoning from the RS-4
(Residential, Single Family — 4du/ac) Zoning District to the PNRD (Planned Non -
Residential Development) Zoning District and grant Preliminary/Final Site Plan.
Purpose: The purpose of the requested change in zoning and site plan is to allow for a 5,500
square foot religious facility.
Location: West side of North 25th Street, approximately 1,200 feet south of the intersection of
St. Lucie Blvd and North 25th Street.
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 2 of 8
Tax ID's: 1428-702-0501-000/4
1428-702-0513-000/1
Site Area: 1.6 acres
Proposed Use(s): Religious Facility
Existing Use(s): Vacant Residential
Existing Zoning: RS-4 (Residential, Single Family — 4 dwelling units per acre)
Future Land Use Designation(s): RU (Residential, Urban)
Water Service Provider: Fort Pierce Utility Authority
Wastewater Service Provider: Fort Pierce Utility Authority
Transporation Impacts:
Right -of -Way Adequacy:
Scheduled Improvements:
Type of Concurrency Document —
North 250' Street right of way is adequate.
None
Certificate of Capacity
;ub'ect Parcels:
Future Land Use Zoning Existing Land Use
RU (Residential, RS-4 (Residential, Single Family — Vacant Residential
Urban) 4 dwelling units nor acre
au«Vu1111W�„ `Future
p.�MLand . .Zoning
Existing
9 Land Use
Use
North
RU (Residential,
RS-4 (Residential, Single
Single Family Residence
Northeast
Urban)
Family — 4 dwelling units per
and vacant residential
acre
South
RU (Residential,
RS-4 (Residential, Single
Single Family Residence
Southeast
Urban)
Family — 4 dwelling units per
and vacant residential
acre
East
RU (Residential,
RS-4 (Residential, Single
North 2e Street right of
Urban) and road
Family — 4 dwelling units per
way & San Lucie Plaza
right-of-way
acre) and road right-of-way
Residential Subdivision
West
RU (Residential,
RS-4 (Residential, Single
Unimproved Jefferson
Urban) and road
Family — 4 dwelling units per
Parkway right of way &
right- -wa
acre) and road right-of-way
vacant residential
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 3 of 8
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for the proposed amendment to the Official Zoning Atlas, the Planning and
Zoning Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
The site is currently vacant and un-disturbed. The applicant is proposing a 5,500 square foot religious
facility on 1.6 acres of land. The property is located on the west side of North 25"' Street, approximately
1,200 feet south of the intersection of St. Lucie Blvd. and North 25 h Street.
The proposed amendment to the Official Zoning Atlas is not in conflict with any applicable portion of the
St. Lucie County Land Development Code. The requested change in zoning is from the RS-4
(Residential, Single Family — 4du/acre) Zoning District to the PNRD (Planned Non -Residential
Development) Zoning District and is compatible with the character of the neighborhood and zoning of
the surrounding properties. The RU (Residential Urban) Future Land Use Designation is consistent with
the proposed rezoning. For properties that are located in the residential classified land use the Planned
Non -Residential Development shall be developed with uses identified within the Institutional (1) Zoning
District. The Institutional (1) Zoning District allows for religious facilities as a permitted use.
The minimum lot size requirements for a Planned Non -Residential Development in a residential land use
shall comply with the minimum dimensional requirements in the Commercial Neighborhood (CN) Zoning
District. The table below indicates that the proposed development meets all dimensional requirements
for a Planned Non -Residential Development in the RU Future Land Use Designation.
CN Zoning District
Minimum Requirement
Proposed Development
Lot Size
10,000 square feet
70,649 square feet
Lot Width
75 feet
427 feet
Road Frontage
60 feet
100 feet
Front Setback
25 feet
165 feet
Rear Setback
20 feet
20 feet
Side Setback
to the North
10 feet
252.5 feet
Side Setback
to the South
10 feet
66 feet
Building Height
35 feet
35 feet
Lot Coverage by Bldg.
50 %
8 %
Open Space Standards
20 % of the gross area of land
28.15 %
2. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive
Plan. The request is compatible with the RU (Residential Urban — up to 5units/acre) Future Land Use
Designation. The Future Land Use Policy 1.1.8.4 sets forth standards for locating non-residential uses
within areas classified for residential uses. These standards require the property to be located on an
Arterial or Collector roadway. Compatibility of the proposed use with the surrounding land uses
enhanced by providing adequate screening and the proposed use will not promote any strip commercial
uses. The subject property is located on the west side of North 25"' Street, approximately 1,200 feet
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 4 of 8
south of the intersection of St. Lucie Blvd. and North 25"' Street. The subject property has access from
North 2e Street which is classified as an Urban Arterial Street. Also, the requested use is compatible
with surrounding uses because traditionally places of worship are considered compatible with residential
uses when adequate screening and buffering is utilized to mitigate any negative impact on the adjoining
residential properties. Therefore, the requested petition for a change in zoning from the RS-4
(Residential, Single Family — 4 du/acre) Zoning District to the PNRD (Planned Non -Residential
Development) Zoning District for a religious facility is consistent with the St. Lucie County
Comprehensive Plan.
3. Whether and the extent to which the proposed zoning is inconsistent with the existing and
proposed land uses;
The subject property is located within an area primarily developed with single family residences and
vacant residential parcels. The requested rezoning from the RS-4 (Residential, Single Family — 4du/ac)
Zoning District to the PNRD (Planned Non -Residential Development) Zoning District to allow a religious
facility is a compatible use with residential uses. Therefore, the proposed rezoning is consistent with the
existing and proposed land uses.
Pursuant to Section 7.09.04(E) of the Land Development Code, an eight (8) foot opaque fence with
landscaping on both sides will be constructed along the perimeter of the property to reduce any negative
impacts on the adjacent residential properties. The fence with landscaping on both sides will be
constructed along the perimeter of the property abutting residential uses. The perimeters abutting road
right-of-way along the east and west property lines will be landscaped with trees and hedges in
accordance with Section 7.09.04(A).
4. Whether there have been changed conditions that require an amendment;
Conditions have not changed so as to require an amendment. However, the change in zoning will allow
for a wide diversity of religious facilities within the community.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether or to the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit,
and emergency medical facilities;
Traffic Impacts: The trip generation and assignment will not exceed a de-minimus impact for the
roadway segment within a two mile radius of influence based upon the 4 trips per PM peak hour of
service activity. The proposed facility will generate very few traffic trips during the week. The Institute of
Transportation Engineers (ITE) predicts 201 Average Daily Trips on Sunday for the 5,500 sq. ft. religious
facility.
Water/Wastewater Provider: The subject property is located within Fort Pierce Utilities Authority
service area. Fort Pierce Utilities Authority's final approval is based upon the acceptance of the
detailed utility construction plans.
Natural Hazards: The subject property is located in Flood Zone X, an area determined to be outside the
500 (five hundred) year flood plain. FEMA Map Number 12111 C017F, Effective Date: August 19, 1991.
Historic Buildings: The subject property has no historic buildings on site.
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 5 of 8
Required Parking: Religious Facility = Parking Ratio = 15 spaces per 1,000 sq ft sanctuary floor area
Proposed Sanctuary Area = 3,370 sq ft
Required Parking = (3,370 / 1000) X 15 = 51 spaces
The total number of parking spaces required for the church is 51, of which seventy-five percent (75%) of
the total parking requirement may be stabilized grass parking. The applicant is providing 51 parking
spaces, of which 33 parking spaces are stabilized grass parking.
Storm water management: St. Lucie County Stormwater Drainage Permit is required for development
on the subject property per Section 7.07.04 of the St. Lucie County Land Development Code and South
Florida Water Management District. No work shall commence on the site until all regulatory permits
required from Federal, State, and regional agencies and special districts have been issued. The Florida
Department of Environmental Protection, National Pollutant Discharge and Elimination System
compliance notice must be submitted to the County Engineer with the constructible site plan at the time
of building permit application or during permit review or no paving, grading, and drainage permit and no
building permit shall be issued. All National Pollutant Discharge and Elimination System Best
Management Practices shall be instituted on the site prior to site clearing and maintained daily.
Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover.
Fire/EMS Protection: Station #4 Airport (3601 Industrial 33`d Street), is located approximately 1.5
miles northwest of the subject property
6. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment;
Background
The Environmental Resources Department is in receipt of the May 14, 2010 Planning and Development
Services' date -stamped resubmittal. The applicant is requesting Preliminary/Final Planned Non-
residential Development (PNRD) approval of a proposed 5,500 square foot religious facility south of St.
Lucie Boulevard, on the west side of 25'" Street. The proposed 1.6-acre project site contains disturbed
pine flatwoods, with a canopy of native pines, live oaks, and cabbage palms.
Findings
Though the tree mitigation data requires updating based on the revised tree survey, the final Site Plan
shows that the developer currently proposes to impact 111.5 inches of pines, while a total of 5 cabbage
palms, 21 inches of hickory trees, 144.5 inches of pines, and 19 inches of oaks are identified for
preservation.
The site is located within 0.25 miles of a scrub -jay habitat buffer, as defined by the US Fish and Wildlife
Service (FWS). The May 14, 2010 submittal included the methods and results of March 2010 scrub jay
surveys, concluding that impacts to Florida scrub -jays are not anticipated. The applicant has forwarded
the survey results to the US Fish and Wildlife Service (FWS) for their review. A condition of approval
requires that FWS approval be provided prior to issuance of a Vegetation Removal Permit or Exemption
(Comprehensive Plan Policy 8.1.12.5).
Recommendation
ERD recommends approval of the Prayer Tower Preliminary/Final PNRD with conditions as outlined
below.
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 6 of 8
Conditions of Approval
1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall formally revise
the landscaping plan as follows:
a) Provide dumpster screening at a height of 6 feet (Section 7.09.04.17);
b) Revise the graphics and tree mitigation table to reflect the updated September 22, 2009 tree
survey data; and
c) Provide sufficient landscaping set -backs from powerlines (Section 7.09.03.E.2.1).
2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall obtain and
provide the Environmental Resources Department with copies of any required federal and state
permits, including, but not limited to US Fish and Wildlife Service approval of Florida scrub -jay
survey methods. If federal or state agency compliance requires modification to the development
plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and
approval as required by the Land Development Code. The applicant will not use the County's
development approval to prevent compliance with any federal or state agency requirements.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an
improvement agreement acceptable to the Environmental Resources Department (ERD)
covering the cost to purchase and install all required landscaping, irrigation, and related
improvements shown in the approved landscaping plan. A copy of this agreement can be
obtained by visiting the St. Lucie County ERD website at: http://www.stiucieco.org/erd/index.htm.
7. Whether and the extent to which the proposed amendment would result in an orderly and
logical development pattern specifically identifying any negative affects of such patterns;
The adjacent zoning to the subject site is the RS-4 (Residential, Single Family — 4du/ac) Zoning District.
The adjacent properties located to the north and south fronting on North 25'" Street are developed with
single family residences. The properties adjacent to the subject site consist of unimproved vacant
residential properties and unimproved road right-of-way along the west property line. The proposed
request is consistent with the character of the neighborhood and the zoning of the adjoining properties.
A neighborhood church of this size is considered a convenience to the community and of the residential
area it will serve. Therefore, the proposed amendment to the Official Zoning Atlas will result in an
orderly and logical development pattern and is not expected to create a negative impact on the
residential neighborhood. However, adequate screening and buffering is proposed to mitigate any
possible negative impact on the adjoining residential properties.
8. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the purpose and intent of this Code;
The proposed amendment to the Official Zoning Atlas is not in conflict with the public interest and is in
harmony with the purpose and the intent of the St. Lucie County Land Development Code.
COMMENTS
Staff requested that the applicant have a neighborhood meeting and send notices out to the property
owners within the 500 foot radius of the subject property. A neighborhood meeting was conducted at
the St. Peter Evangelical Lutheran Church on May 18, 2010 at 6:30PM.
At the neighborhood meeting, the representatives explained in detail the proposed Planned Non-
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 7 of 8
Residential Development that will consist of a 5,500 square foot religious facility. There were
approximately 10 people in attendance at the meeting and no one was in opposition of the proposed
rezoning and/or the site plan.
RECOMMENDATION
The Development Review Committee has reviewed this petition and determined that it conforms to the
standards of review as set forth in Section 11.06.03 and Section 7.02.03 of the St. Lucie County Land
Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward this petition
to the Board of County Commissioners with a recommendation of approval, subject to the conditions set
forth in draft Resolution No. 10-106.
If you have any questions on this matter, please contact this office.
Petition: Prayer Tower, PNRD 820093999
July 15, 2010
Page 8 of 8
Suggested motion to recommend approval/denial of this requested change in zoning:
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
GRANT A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE FAMILY — 4 DU/AC) ZONING
DISTRICT TO THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT, AND
PRELIMINARY/FINAL PNRD SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS "PRAYER
TOWER" BECAUSE ....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
DENY A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE FAMILY — 4 DU/AC) ZONING
DISTRICT TO THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT, AND
PRELIMINARY/FINAL PNRD SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS "PRAYER
TOWER" BECAUSE ....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC]
COUNTY
F
L
O
R
I D A
Environmental Resources
Department
Companion Report
TO: Planning and Zoning Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
DATE: June 30, 2010
SUBJECT: Petition of Prayer Tower International, Inc. for an amendment to the
Official Zoning Atlas to change the zoning from the RS-4
(Residential, Single Family — 4 du/acre) Zoning District to the PNRD
(Planned Non -Residential Development) Zoning District and grant
Preliminary/Final PNRD Site Plan approval.
Background
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the applicant's request for Preliminary/Final PNRD approval.
Findin s
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the requested Preliminary/Final PNRD.
?nature
Environmental Resources
Department
Final Report
TO: Linda Pendarvis, Planning & Development Services Department
THROUGH: Karen L. Smith, Environmental Resources Department Director YVZP
FROM: Yvette Alger, Senior Environmental Planner yA
DATE: June 30, 2010
SUBJECT: Prayer Tower Preliminary/Final PNRD
PNRD 820093999
Background
The Environmental Resources Department is in receipt of the May 14, 2010 Planning
and Development Services' date -stamped resubmittal. The applicant is requesting
Preliminary/Final Planned Non-residential Development (PNRD) approval of a proposed
5,500 square foot religious facility south of St. Lucie Boulevard, on the west side of 25"'
Street. The proposed 1.6-acre project site contains disturbed pine flatwoods, with a
canopy of native pines, live oaks, and cabbage palms.
Findings
Though the tree mitigation data requires updating based on the revised tree survey, the
final Site Plan shows that the developer currently proposes to impact 111.5 inches of
pines, while a total of 5 cabbage palms, 21 inches of hickory trees, 144.5 inches of
pines, and 19 inches of oaks are identified for preservation.
The site is located within 0.25 miles of a scrub -jay habitat buffer, as defined by the US
Fish and Wildlife Service (FWS). The May 14, 2010 submittal included the methods and
results of March 2010 scrub -jay surveys, concluding that impacts to Florida scrub -jays
are not anticipated. The applicant has forwarded the survey results to the US Fish and
Wildlife Service (FWS) for their review. A condition of approval requires that FWS
approval be provided prior to issuance of a Vegetation Removal Permit or Exemption
(Comprehensive Plan Policy 8.1.12.5).
Recommendation
Environmental Resources Department
Final Report
Prayer Tower Preliminary/Final PNRD
June 30, 2010
ERD recommends approval of the Prayer Tower Preliminary/Final PNRD with conditions
as outlined below.
Conditions of Approval
1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
formally revise the landscaping plan as follows:
a) Provide dumpster screening at a height of 6 feet (Section 7.09.04.F);
b) Revise the graphics and tree mitigation table to reflect the updated September
22, 2009 tree survey data; and
c) Provide sufficient landscaping set -backs from powedines (Section 7.09.03. E.2.1).
2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
obtain and provide the Environmental Resources Department with copies of any
required federal and state permits, including, but not limited to US Fish and Wildlife
Service approval of Florida scrub jay survey methods. If federal or state agency
compliance requires modification to the development plans, the applicant will
promptly modify the plans and submit to St. Lucie County for review and approval as
required by the Land Development Code. The applicant will not use the County's
development approval to prevent compliance with any federal or state agency
requirements.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
finalize an improvement agreement acceptable to the Environmental Resources
Department (ERD) covering the cost to purchase and install all required landscaping,
irrigation, and related improvements shown in the approved landscaping plan. A
copy of this agreement can be obtained by visiting the St. Lucie County ERD website
at: http://www.st!uCieco.org/erd/index.htm.
Please contact Yvette Alger at 772-462-2866 if you have any questions.
CADocuments and SettingsUindap\Local Settings\Temporary Internet
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RESOLUTION NO. 10-106
File Number: PNRD 820093999
A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-4
(RESIDENTIAL, SINGLE FAMILY — 4 DU/ACRE) ZONING
DISTRICT TO THE PNRD (PLANNED NON-RESIDENTIAL
DEVELOPMENT) ZONING DISTRICT AND GRANT PRELIMINARY
AND FINAL PLANNED NON-RESIDENTIAL DEVELOP ENT SITE
PLAN APPROVAL FOR THE PROJECT KNOWN RAYER
TOWER.
WHEREAS, the Board of County Commissioners of St
testimony and evidence, including but not limited to
determinations:
Prayer Tower International, Inc. presented a P
the RS-4 (Residential, Single mily — 4 du/a
(Planned Non -Residential el
t) Zoning
Prayer Tower, for property loc the
approximately 1,200 feet south of in
Street, St. Lucie County, Florida and scri
Count rids, based on the
'-port, ha de the following
I
for a change in zoning from
WingDistrict to the PNRD
or the project known as
west s North 25th Street,
n of St. le Blvd. and North 25tn
2. The Develop w Commi a has Kviewed the rezoning and
Preliminary/F' Planne n-Resident Development site plan for the proposed
project and to me II technical ments and to be consistent with the
Future Land Use of . Lucie Co y Comprehensive Plan, subject to the
conditims.aet forth on.
A
uly 15, the cie County Planning and Zoning Commission held a
hearing, ch du notice was published and mailed to all property
rs within 500 at lea 0 days prior to the hearing, and recommended that
rd of Count mm' sioners approve/deny the change in zoning from the
RS-4 idential, si Family — 4 du/acre) Zoning District to the PNRD (Planned
Non -Re tial De v pment) Zoning District and the Preliminary/Final Planned
Non-Resi D opment site plan for the project known as Prayer Tower, for
the property ed in Part A below.
XXX, 2010
Page 1
Resolution No. 10-106
File No.: PNRD820093999
1
2
3
4
5
6
7
8
9
10
11
12
4. On XXX, 2010, the St. Lucie County Board of County Commissioners held a public
hearing, of which due public notice was published and mailed to all property owners
within 500 feet at least 10 days prior to the hearing, and granted/denied the change
in zoning from the RS-4 (Residential, single Family — 4 du/acre) Zoning District to the
PNRD (Planned Non -Residential Development) Zoning District and the
Preliminary/Final Planned Non -Residential Development site plan for the project to
be known as Prayer Tower.
5. The proposed change in zoning is consistent with the goals, objectives, and policies of
the St. Lucie County Comprehensive Plan and has satisfij&ke requirements of
Section 11.06.03 of the St. Lucie County Land Development e.
13 1 SITE PLAN
6. Prayer Tower International, Inc. presente etit�n for a Chan oning and for
Preliminary/Final PNRD Site Plan appro or the project known a e Tower.
The 5,500 square foot building will con ' sanctu meeting roon7en area
and offices.
7. The Development Review Co mittee has revie he site plan for the proposed
project and found it to Mee imum technic uirements, subject to the
conditions set forth in Part B bel
8. The proposed project is consisten ith t I p ose, goals, objectives and
standards of the ucie County n eve Code, the St. Lucie County
Comprehensiv the Code o dinances St. Lucie County.
9. The propo ect wil t have an u e dverse effect on adjacent property, the
character of t ighb ood, traffic c itions, parking, utility facilities or other
matters affecting nd general welfare.
10. eason s h en taken to minimize any adverse effect of the proposed
roject on the that i through building design, site design, landscaping
screening.
11. Th osed proj will be constructed, arranged and operated so as not to
interf 'th the d lopment and use of neighboring property, in accordance with
applicab ' trict r ulations.
12. The propose oject will be served by adequate public facilities and services.
13. A Certificate of Capacity was granted for this project on XXX, 2010, a copy of which
is attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
XXX, 2010
Page 2
Resolution No. 10-106
File No.: PNRD820093999
I CHANGE IN ZONING
2
3 A. The proposed change in zoning from the RS-4 (Residential, Single Family - 4du/acre)
4 Zoning District to the PNRD (Planned Non -Residential Development) Zoning District,
5 owned by Indrio Land Company, is hereby granted/denied an approval for the
6 following described property:
7
8 Lots 5 and 6, Block 30, San Lucie Plaza Subdivision, according to the Plat
9 thereof, recorded in plat book 5, page 57, of the public rec rds of St. Lucie
10 County, Florida
11 Together with;
12 San Lucie Plaza Subdivision Unit One, Block 30, Lo 18, 19, 20, 21, 22,
13 23 & 24 and South '/z of vacated Hawthorne Road ce the north.
14
15 Parcel Id: 1428-702-0501-000/4 & 1428-70 - 0/1
16
17 Location: West side of North 25th Str approxi ately 1,200 fe ut of
18 the intersection of St. Luc nd No 25th Street.
19
20 SITE PLAN
21
22 B. Pursuant to Section 11.02.05(B) St. Lucie Cou nd Development Code, the
23 Final PNRD (Planned Non-Resi velopment) an known as Prayer
24 Tower, is hereby approved/denied s the site p an
for the project
25 prepared by Stephen Cooper, P.E. As at June 29, 2010 and date
26 stamped received he St. Lucie y P and Development Services
27 Department on J 10, subject a followi conditions:
28
29 1. No clea ' ther si ork shall co ce until after constructible engineering
30 plans have ppr by the Co Engineer and all county environmental
31 permits have b ental Resources Department pursuant to
32 .08( of the County Land Development Code. As of this
33 ate ot e o Development Order, no constructible site development
34 plans have ubmi view. No work shall commence after the issuance
35 f environmen rmits ounty, or of any other permits by any other agency,
36 '1 the County ineer as approved the constructible site plans.
37
38 2. Pur to Sec 11.02.08(B)(6) of the St. Lucie County Land Development
39 Code, ork s I commence on the site until all regulatory permits required from
40 Federal, nd regional agencies and special districts have been issued. The
41 Florida De ment of Environmental Protection, National Pollutant Discharge and
42 Eliminatio System compliance notice must be submitted to the County Engineer
43 with the constructible site plan at the time of building permit application or during
44 permit review or no paving, grading, and drainage permit and no building permit
45 shall be issued. All National Pollutant Discharge and Elimination System Best
46 Management Practices shall be instituted on the site prior to site clearing and
47 maintained daily. Stormwater ponds shall be roughed in at the same time the site
48 is cleared of groundcover.
49
50
XXX, 2010 Resolution No. 10-106
Page 3 File No.: PNRD820093999
by
3. Within 90 days after receiving final site plan approval, the applicant shall convey
the required road right of way for Jefferson Parkway. Manner and form of
conveyance shall be acceptable to the County Attorney. The sketch and legal
description shall be prepared by a Florida licensed surveyor and mapper. Pursuant
to Chapter 7.05.03 of the St. Lucie County Land Development Code, the applicant
may be granted credits against road impact fees.
4. Within 90 days after receiving final site plan approval the applicant shall execute an
agreement to pay a fee -in -lieu of construction for sidewalks or multi -purpose paths
and remit to the County the required funds. The accep method of payment
shall be a certified check payable to St. Lucie Coun c py of the standard
"Agreement" can be obtained by visiting the St. a County Public Works
Department website at: hftp://www.stlucieco.ciov/ c s/index.htm or contact
Ron Harris, County Surveyor at 462-1721. C ter 7. quires that all new
developments within the urban service sha struct concrete
sidewalks adjacent to all roadways public nva .
5. Prior to issuance of a Vegetation Rerjo
ermit c
formally revise the landscaping plan as fo
a) Provide dumpster screening at a height
b) Revise the graphics and tree mitigation to
22, 2009 tree survey dat
c) Provide sufficient Ian set -backs
7.09.03.E.2.1).
6. Prior to issuance of a Vegetation n
obtain and pr Environme
required fe I an permits, i
Service al of F a scrub -jay
compliance Yes dification to
promptly
ption, the'lWant shall
(Section 7.09.04.F);
reflect the updated September
powerlines (Section
T PMRWxemption, the applicant shall
ssourcfMepartment with copies of any
ng, but not limited to US Fish and Wildlife
vey methods. If federal or state agency
development plans, the applicant will
St. Lucie County for review and approval
Code. The applicant will not use the
un opm proval to -prevent compliance with any federal or state
agency req nts.
or to issuanc a Ve ation Removal Permit or Exemption, the applicant shall
e an impro ent agreement acceptable to the Environmental Resources
De ent (ER covering the cost to purchase and install all required
lands irr tion, and related improvements shown in the approved
landsca A copy of this agreement can be obtained by visiting the St.
Lucie Cou RD website at: http://www stiucieco.org/erd/index.htm.
GENERAL PROVISIONS
C. This Final PNRD (Planned Non -Residential Development) Site Plan approval shall
expire on XXX, 2012, unless a building permit is issued or an extension is granted in
accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code.
D. The Final PNRD (Planned Non -Residential Development) Site Plan approval granted
under this Resolution is specifically conditioned to the requirement that the petitioner,
XXX, 2010 Resolution No. 10-106
Page 4 File No.: PNRD820093999
2
3
4
5
6
7
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Prayer Tower International, Inc. including any successors in interest, shall obtain all
necessary development permits and construction authorizations from the appropriate
State and Federal regulatory authorities, including but not limited to the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, and the
South Florida Water Management District, prior to the issuance of any local building
permits or authorizations to commence development activities on the property
described in Part A.
A Certificate of Capacity, a copy of which is attached to this resolution as "Exhibit B"
was granted by the Planning and Development Services Dire n XXX, 2010, which
certificate shall remain valid for the period of the in an Non -Residential
Development Site Plan approval or any extension grante eto.
A copy of this resolution shall be attached to the
B, which plan shall be placed on file with
Development Services Department.
The St. Lucie County Planning and,
authorized and directed to cause the r
Official Zoning Map of St. Lucie County,
the date of adoption of this resolution.
The Director of Planning and Del
further site development permits.
development permits shall be issue
XXX, 2010
Page 5
described in Part
ty Planning and
rde
hereby
on the
reference to
mate the issuanc
authorizations or
such permits are met,
e of
site
I
equested to the developer and
the is Records of St. Lucie County. The
t a orize the commencement of any on -site
uch further development permits as may be
approval as set forth above, and all applicable
the satisfaction of the County before final site
are an integral nonseverable part of the site plan
If any condition set forth in Part B is determined to
iy reason and the developer declines to comply
site plan approval granted by this resolution shall
Resolution No. 10-106
File No.: PNRD820093999
1
2
4
5
6
7
8
9
10
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13
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L. ADOPTION
After motion and second, the vote on this resolution was as follows:
Charles Grande, Chairman XXX
Doug Coward, Vice Chairman XXX
Chris Dzadovsky, Commissioner XXX
Paula A. Lewis, Commissioner XXX
Chris Craft, Commissioner XXX
PASSED AND DULY ADOPTED this XX day of XX, 4
ATTEST:
XXX, 2010
Page 6
BO F TY COMMIS7ONERS
COUCI COUNTY, FLORIDA
BY
hairman
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Resolution No. 10-106
File No.: PNRD820093999
1
2
3
4
5
6
EXHIBIT "A"
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XXX, 2010
Page 7
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Resolution No. 10-106
File No.: PNRD820093999
Exhibit "B"
Certificate of Capacity
XXX, 2010 Resolution No. 10-106
Page 8 File No.: PNRD820093999
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1.1
ST. LUCIE COUNTY
GROWTH MANAGEMENT
2300 Virginia Avenue, Ft. Pierce, FL 34982
Office: 772-462-2822 —Fax: 772-462-1581
WWW.stlucieco. =c€.,v,' *rg owth
DEVELOPMENT APPLICATION
Prior to submittal, all applications require a pre -application conference.
Please contact the Growth Management Department to schedule an appointment.
Submittal Type [check each that applies]
Site Plan
❑ Major Site Plan
❑ Minor Site Plan
❑ Major Adjustment to Major Site Plan
❑ Major Adjustment to Minor Site Plan
❑ Major Adjustment to PUD/PNRD/PMUD
❑ Minor Adjustment to Major Site Plan
El Minor Adjustment to Minor Site Plan
Li Minor Adjustment to PUD/PNRD/PMUD
Planned Development
Li Planned Town or Village (PTV)
Planned Country Subdivision (PCS)
Planned Retail Workplace (PRW)
❑ Prelim. Planned Unit Develop. (PUD)
Prelim. Planned Mixed Use Develop. (PMUD)
Ll Prelim. Planned Non -Res. Develop. (PNRD)
❑ Final Planned Unit Develop. (PUD)
• Final Planned Mixed Use Develop. (PMUD)
❑ Final Planned Non -Res. Develop. (PNRD)
Conditional Use
Conditional Use
Major Adjustment to a Conditional Use
71 Minor Adjustment to a Conditional Use
Variance 2
❑ Administrative Variance
❑ Variance
❑ Variance to Flood Damage Prevention
❑ Variance to Coastal Setback Line
Rezoning 3
❑ R (straight rezoning)
El Rezoning (includes PUD/PNRD/PMUD)
❑ Rezoning with Plan Amendment
Comprehensive Plan Amendment °
❑ Future Land Use Map Change
❑ Comprehensive Plan Text Amendment
Other
Administrative Relief
❑ Class A Mobile Hoge 5
❑ DevelopetAgreement (Submit per LDC 11.08.03)
P PoNer Generation Plants
El Extension to Development Order
D Historical resignation/Change 6
[31°vi6lopment Code Text Amendment
❑T'Plat
❑ `.Post Development Order Change
❑ Re -Submittal # 8
Stewardships — Sending/Receiving
Li Telecom Tower (Submit per LDC 7.10.23)
❑ Transfer of Development Rights
❑ Waiver to LDC/Comp. Plan Requirements s
Application Supplement Packages
1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment
2. Variance 5. Class A Mobile Home 8. Re- Submittal
3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan
Requirements
Refer to Fee Schedule for applicable fees.
All required materials must be included at the time of submittal along with the appropriate non-
refundable fee(s).
Page 1 of 6
Revised July 14, 2009
FEE CALCULATION WORKSHEET
SITE DEVELOPMENT PLANS - GROWTH MANAGEMENT
Application Type:
Supplemental Application Package No.:
(Please provide separate fee calculation worksheet for each application type)
0 BASE REVIEW FEE:
CONCURRENCY FEE:
p ERD REVIEW FEE:
PER ACREAGE CHARGE:
13 RESUBMITTAL FEE: (if applicable)
OTHER
SUBTOTAL OF BASIC FEES
p PRE -APPLICATION MEETING FEE: (F)
Receipt No. of Payment:
Date of Pre App:
BALANCE OF FEES DUE:
$Fee Waived pa,
0
$(_ ) deduction
$0
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY - Ordinance No. 06-047; amending Chapter
5.11.01 of the St. Lucie County Land Development Code
p $950.00 - Methodology Meeting (G) (If Applicable)
• Additional fees will be due if a 3rd party traffic study review is needed. These services will be
invoiced to applicant upon receipt of quote of services from Td party.
• Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County
Growth Management. Refer to "Public Procedures".
• Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of
payment will be required prior to project approval. Pre -Application Meeting Request
Pastor Jimmy Nettles
icant Name (Pri
Page 2 of 6
Revised July 14, 2009
nature of applicant
Submittal Requirements
The following checklist is provided as a reminder.
Please see applicable code sections for more detailed submittal requirements.
All Submittals MUST be in complete folded and collated sets.
All applications must include the following:
19 Application, completed in black ink, with property owner signature(s) and notary seal (1 original
and 9 copies)
Aerial Photograph — property outlined (available from Property Appraiser's office
Property Deed
Legal description, in MS Word format, of subject property
Property Tax Map — property outlined (electronic copy not required)
Survey
2 CDs of all documents submitted - with files named according to the Required Naming List.
(attached)
a Concurrency Deferral Affidavit; or
Description and analysis of the impact of the development on public facilities in accordance with
the methodologies acceptable to the County (LDC Section 5.08.02). This will require a
Transportation Assessment or a full Traffic Impact Report, if applicable.
Site Plan and Planned Development Applications must also include:
p Site Plan 24"x36" at a scale of 1"=50' (10 copies- folded, not rolled)
El Boundary Surrey — Signed and Sealed (10 originals)
G Topographic Surrey — Signed and Sealed (10 originals)
3 Landscape Plan — Signed and Sealed (10 originals)
13 Traffic Impact Report (TIR) (4 copies) if:
o 50+ residential units
o Development on N. or S. Hutchinson Island
o Non-residential (see LDC Section 11.02.09(4))
0 Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5))
o The property is ten acres or greater
o The property, regardless of size, contains a wetland;
o The property is identified on the "Native Habitat Inventory for SLC";
o The proposed development is located in whole, or part, within the One Hundred Year Flood
Plain;
o Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06)
0 Updated Traffic Analysis if applicable (4 copies)
0 Approved Resolution or GM Order
*Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description.
The legal description provided on the property appraiser's website is not valid for our purposes. The
legal description you provide us will be used in all future documentation. If it is incorrect, it will
invalidate the results of any hearing(s).
Page 3 of 6
Revised July 14, 2009
Project Information
Project Name: Prayer Tower International
Site address: 25th Street (Vacant)
Parcel ID Number(s):
1428-702-0513-000-1 and 1428-702-0501-000-4
6. ;A-rl irn KAQ %A/nrri fnrmat nn Call
Legal Description: (Attacn additional sneets n nCCwbaoly - a�av'is" vv N .._•..� - •••
Attached Legal Legal Description and Word File on CD
Property location — Section Township/Range: S 321r 34S/R 40E
1.62 acres 70,649 sf
Property size — acres: Square footage:
Future Land Use Designation: RU
Zoning District: Present RS-4; Proposed PNRD
Description of project:
roposed Institutional Use (Church) as a Planned Non -Residential Development (PNRD)
(Attach additional sheets if necessary)
Type of construction (check all applicable boxes):
0 Commercial Total Square Footage: Existing Proposed:
0 Industrial Total Square Footage: Existing Proposed:
0 Residential No. of residential units: Existing Proposed:
No. of subdivided lots: Existing Proposed:
13 Other Pleases specify: Institutional 5,500 sqft total - Phase 1; 4,000 sqft, Phase 2; 1,500 sqft
P
Number and size of out parcels (if applicable):
Page 4of6
Revised July 14, 2009
SPECIAL NOTICE
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission of this application does not constitute the granting of approval. All appropriate
requirements must be met prior to this project being presented for approval to the appropriate
authority. St. Lucie County reserves the right to request additional information to ensure a complete
review of this project.
AoaNcont Information (Property De`rokwed;
Name: Prayer Tower International, Inc.
Address: 2464 traquois Avenue
Ft Pierce, Florida 34946
Phone: (772) 201-2=
Fax:
Email:
Please indicate one individual to recap
Name: Stephen Cooper
Addres: 209 N.E. Sagamore Terrace
Port St Lucie, Florida 34983
use an address that can
Agent Information:
Name: Peator Jirrrny Nettles
Address: Same as Applicant
Phone:
Fax
Email:
official correspondence on this
Phone: W2) 879-7779
Alternate Phone: M 263-3904 call
Email Address: scooperpsecomcasLnet
Properly Owner Information
This application and any application supplement will not be considered complete without the
notarized signature of all properly owners of record, which shall serve as an acknowledgment of
the submittal of this application for approval. The property owner's signature below shall also serve
as authorization for the above applicant or agent to act on behalf of said property owner.
Mailing Address: 1720 EI Jobean Road
Port Charlotte, Florida 33948
Michael S. Jones, President, Indrio Land Pmp"
Phone: (941) 206-2318
If more than one owner, please submit additional pages
STATE OF fk-oR.%0 A--., COUNTY OF
The foregoing instrument was acknowledged before m- a this day of �"� �, 20 0 :)
by {'Lw. -; c� Cwho is personably known to m`epr who has produced
as Identificatlon.
E>�ras � ry
(Seal)i a Flora; NOWY f ti.....
SquNre of No"
Commission Number
Page 5 of 6
Revised July 14, 2009
Supplement 3
Rezoning/Amendment to the Official Zoning Atlas Application Supplement
Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details
Current Zoning: RS-4 Current Future Land Use: RU
Proposed Zoning: PNRD Acreage of the area to be rezoned: 1.62 ,acres
1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County,
state whether the proposed amendment is in conflict with any portions of the LDC.
To the best of my knowledge, the proposed PNRD does not conflict with the LDC.
2. Please give a statement describing any changed conditions that would justify a
rezoning:
None
3. Please state why there is a need for the proposed rezoning:
Property presently zoned residential. Proposed Institutional Use requires rezoning.
4. Please state whether and how the proposed rezoning is consistent with the St. Lucie
County Comprehensive Plan:
Proposed rezoning is consistent with the St. Lucie County Comp Plan.
5. Please give a statement outlining the extent to which the proposed amendment:
A) Is compatible with existing land uses;
Churches are compatible with the adjacent residential uses. Letters of support from adj owners included.
Page 1 of 2
Revised: June 19, 2008
Supplement 3
B) Affects the capacities of public facilities, including but not limited to transportation,
sewage, water supply, parks, drainage, schools, solid waste, mass transit, and
emergency medical service,
Proposed rezoning will have adequate capacity of public facilities.
C) Affects the natural environment; (if no adverse impacts expected, please state why.)
No adverse impacts anticipated. 20% open space provided.
D) Will result in an orderly and logical development pattern;
The proposed project will be phased. Sanctuary and Classrooms in Ph 1, add Classrooms Ph 2
E) Will adversely affect the propevalues in the area;
No adverse property values are anticipatedrty .
6. Please explain the applicant's interest in the subject property;
Applicant will own and operate the facility.
7. Please include such other information or documentation that may be deemed necessary
or appropriate to a full and proper consideration and disposition of this particular
application.
PNR1requested verses straight zoning to allow SLC, Planning Board and BCC to review in detail.
Please Note: This Rezoning Application Supplement will not be considered complete
without the Development Application, complete with notarized signatures of all land
owners, giving their consent to the filing of this application and supplement.
A
Applicant or Agent Name (Printed) Signature
Page 2 of 2
Revised: June 19, 2008
FORT PIERCE UTILITIES AUTHORITY '
"Committed to Quality"
113 N. 2nd Street (34950) Telephone: (772) 466-1600, Ext. 3472
Post Office Box 3191 Fax: (772) 489-0396
Fort Pierce, FL 34948-3191 E-Mail: jcarnes@fpua.com
April 30, 2009
Mr. Stephen Cooper, P.E.
Stephen Cooper, P.E. & Associates, Inc.
209 NE Sagamore Terrace
Port St. Lucie, FL 34983
Subject: Prayer Tower
Utility Availability
Parcel ID# - 1428-70-2051-3000-1 (San Lucie Block 30 — Lots 17-24)
Parcel ID# - 1428-70-2050-1000-4 (Lots 5-6)
Dear Mr. Cooper:
As requested, the Fort Pierce Utilities Authority (FPUA) would like to confirm the
availability of water and wastewater service to the above -referenced project. Reuse
water is not available at this time. Capacity is currently available at FPUA's Water
Treatment Plant and Water Reclamation Facility.
Please note that availability is contingent upon construction of the required
infrastructure and payment of the applicable fees and charges. Please visit our website
at www,fpua.com to review developer requirements, specifications, details, fees, etc.
We trust this letter provides you the information necessary to move forward with your
project. Should you need additional information relating to water or wastewater service,
please contact me at the telephone number above.
Sincerely,
James Carnes III
Environmental Engineer
ec: Valerie A. Schulte, P.E., Supervising Engineer
Larry Jones, Gas Sales and Services Representative
Estela Wilson, Electric Engineering Coordinator
L:\Availability Letters\2009\04-23-09-PrayerTower-NewSite.docx
Stephen Cooper, P.E. & Associates, Inc.
Consultant Engineers
209 NE Sagamore Terrace
Port St. Lucie, Florida 34983
(772) 879-7779 FAX (772) 878-5151
*Civil Engineering *Site Planning *Environmental Permitting
TRAFFIC STATEMENT
for
PRAYER TOWER INTERNATIONAL, INC
Based on ITE; "Trip Generation', the proposed 5,500 sgft church facility will generate the
following weekday traffic;
Average Daily Trips (ADT) = 52
Inbound = 26 trips
Outbound = 26 trips
PM Peak = 4 trips
Inbound = 2 trips
Outbound = 2 trips
On Sundays, ITE predicts 201 ADT will use the site.
`� =2<�)-0te
Tax Deed File No. 9 9 -1F' `J �°i
R 01/E
Propert?
ldent wjdion No_ 1428-702-0513-00C• .'
MAHMOUD EMARA
Tax Deed
state of Florid}
County of ST LUCK -
Doe ASsutnP: $
1 Doc Tax :
* Int Tax :
0.00 i
Mu I
FOR OFROAL USE ONLY
The following Tax Sale Certificate Numbered
553 issued on
Mav 29, 1996 was filed in the office of the tax collector of this -County and application made for
the issuance of a tax deed, the applicant having paid or redeemed an other taxes or tax sale certificates on the land
described as required by law to be paid or redeemed. and the costs and expenses of this sale, and due notice of sale
havkg been published as required by law, and no person ertitled to do so having appeared to redeem said land; such land
was on the day of September 7, 1919 , offered for sale as required by law for cash to the
highest bidder and was sold to Indrio Land Company
whose address is P O Box 560114 Miami, am; Fl nri da 332 S6-0114 .being the
highest bidder and having paid the sum of his bid as mqured by the Laws of Florida.
Now, on this 18Tfl - ----- day of N" ,?nnL
- -- Florida • consideratan of the sum
in the Courdy_af
State %A ,in
Of �L,suu Tt$S6 vi tyn AHD 27/1 Dollars,
being the anoint paid pursuant to the Laws of Honda does hereby sell the f0powing lands, inchdmg any heredtaments,
buildings, foctures and improvements of any kind and description, situated in the county and State aforesaid and described
as folkyws:
San Lucie Plaza S/D Unit One Block 30 Lots 17, 18, 19, 20, 21; 22, 23 &
24 & South h of Vac Hawthorne Rd Adj on North (Map 14/32N) (OR 634-2008)
store of Florida
copy o - ST LUC IE
r
1)
Z
Cir+cuit Co Comptroher
- ' M.54
1915269 OR BOOK 1394 BRIE %2'
Recorded:05/18/01 11:05
On the 18TH day of MAY , inn i before
me Betty V Robson personallyappeaned JoANNF HO MAN
Clerk of the Chad Court or County Comptroller in and for" State and this County W wwn to me to be the person
described in, and who executed the foregoing i the execution of this instrument to be his own
��
tree ad and deed for the use and purposes n
Wtness my hand and office seal date
.n =-1
��..P.f . ►yon A��a;: ;T'` Betty V. Robson
a� �i�ECt,J Fit ?+-MYCOMMISMON#CUM" EXP s
3w.vary 11, 2003
90NDFDTWT"FWMUWAa INC
iiCI
JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT L
File Number: 2367536 OR BOOK 192-,_
Recorded:03/15/04 15:46
is Document Prepared By and Return to:
St. Lucie Title Services, Inc.
800 Virginia Ave Suite 47
Fort Pierce, R 344_?
Courthouse Box 1� 60 / 9 Doc A5SUmR:
Doc Tax : $ 84.00
Int Tax : $ 0.00
eareelID Number. 1428-702-0501-000/4
Warranty Deed
This Indenture, Made this 15th day of March , 2004 A.D. , Between
Paul Friend, Jr.
of the County of Delaware , State of Indiana , grantor, and
Indrio Land Company, a corporation existing under the laws of the State
of Florida
whose addttsss is: 3109 Ponce be Leon Blvd., Coral Gables, FL 33134
of the County of Miami -Dade
, State a Florida , grantee.
witnegSeth that the GRANTOR, for and in consideration of the smn of
------------------------TEN DOLLARS ($10)----------------------- DOUAM.
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the mompt whereof is hereby acknowledged, has
grated, bwp ncd and sold to the said GRANTEE and GRANTEE'S heirs, snooessars and assigns fare=, the following described tend, siutate.
lying and being in the County of St. Lucie State of Florida to wit:
Lots 5 and 6, Block 30, SAN LUCIE PLAZA SUBDMSION, according to the
Plat thereof, recorded in Plat Book 5, page 57, of the Public Records
of St. Lucie County, Florida.
The property herein conveyed DOES NOT constitute the HOMESTEAD
property of the Grantor. The Grantor's HOMESTEAD address is 10710
North SR 67, Albany, IN 47320. Said property is vacant and unimproved
land.
Lots 5 and 6, Block 30, San Lucie Plaza Subdivision, according to the
Plat thereof, recorded in plat book 5, page 57, of the public records of
St. Lucie County, Florida
Together with;
San Lucie Plaza Subdivision Unit One, Block 30, Lots 17, 18, 19, 20, 21,
22, 23 & 24 and South 1/2 of vacated Hawthorne Road adjacent on the
north.
RS-4 RESIDENTIAL, SINGLE-FAMILY - 4.
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for single-family dwellings at a maximum density of four (4) dwelling units per
gross acre, together with such other uses as may be necessary for and compatible with
low density residential surroundings. The number in "( )" following each identified use
corresponds to the SIC code reference described in Section 3.01.02(B). The number 999
applies to a use not defined under the SIC code but may be further defined in Section
2.00.00 of this Code.
2. Permitted Uses:
a. Family day care homes. (999)
b. Family residential homes provided that such homes shall not be located within
a radius of one thousand (1,000) feet of another existing such family residential
home and provided that the sponsoring agency or Department of Health and
Rehabilitative Services (HRS) notifies the Board of County Commissioners at the
time of home occupancy that the home is licensed by HRS. (999)
c. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Section 7.04.00.
5. Off -Street Parking Requirements. Off-street parking requirements shall be in
accordance with Section 7.06.00.
6. Conditional Uses:
a. Family residential homes located within a radius of one thousand (1,000) feet
of another such family residential home. (999)
b. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00.
7.02.00. PLANNED NON-RESIDENTIAL DEVELOPMENT
7.02.01. Purpose.
The Planned Non -Residential Development (PNRD) District is intended to achieve non-
residential land development of superior quality through the encouragement of flexibility and
creativity in design options that:
A. Permit creative approaches to the development of non-residential land reflecting
changes in the technology of land development;
B. Allow for the efficient use of land, which can result in smaller networks of utilities and
streets and thereby lower development costs;
C. Allow design options that encourage an environment of stable character, compatible
with surrounding land uses; and
D. Permit the enhancement of neighborhoods through the preservation of natural features,
the provision of underground utilities, and the provision of recreation areas and open space.
7.02.02. Permitted Uses.
The following general guidelines shall be used in determining the permitted use possibilities in
any Planned Nonresidential Zoning Development:
A. For properties located in any Residential or Agricultural classified land use area: Any
permitted, conditional or accessory use, including any standards, conditions and
requirements for those uses, as identified in the Commercial, Neighborhood (CN);
Commercial, Office (CO); Institutional (I) Zoning Districts, and in the Agricultural land use
classified areas only, any non-residential permitted or accessory use identified in the
Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts
of this Code. Telecommunication towers must comply with the requirements of Section
7.10.23.
The general standards, conditions and requirements, as found in this Code, that pertain to
conditional and accessory uses shall be used in the determination of the compatibility of the
proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential
Development. All applications for Planned Nonresidential Development shall include a
complete identification of all planned uses and activities.
B. For properties located in any Commercial or Industrial classified land use area: Any
permitted, conditional or accessory use, including any standards, conditions and
requirements for those uses, as identified in the Commercial, Neighborhood (CN);
Commercial, Office (CO); Commercial, General (CG); Industrial Light (IL); Industrial
Heavy (IH), Utility (U) and (I) Institutional zoning districts, and any non-residential
permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-
2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers
must comply with the requirements of Section 7.10.23.
The general standards, conditions and requirements, as found in this Code, that pertain to
conditional and accessory uses shall be used in the determination of the compatibility of the
proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential
Development. All applications for Planned Nonresidential Development shall include a
complete identification of all planned uses and activities.
7.02.03. Standards and Requirements.
Standards and requirements for a Planned Non -Residential Development shall be as follows:
A. Minimum Size. The minimum lot size requirements for a Planned Non -Residential
Development shall be as follows:
1. Any Planned Non -Residential Development in a Residential Land Use classification
shall comply with the minimum lot requirements in the Commercial Neighborhood (CN)
Zoning District.
2. Any Planned Non -Residential Development in a Commercial, Industrial or Mixed Use
Land Use classification shall comply with the minimum lot requirements in the Commercial
General (CG) Zoning District.
3. All Planned Non -Residential Development shall be under common ownership or control.
B. Dimensional Requirements. Minimum dimensional requirements shall be in accordance
with Table 7.10 in Section 7.04.01, provided, however, that the Board of County
Commissioners may condition approval of a Planned Non -Residential Development upon
compliance with more stringent or restrictive dimensional requirements in order to ensure
compatibility with surrounding land uses, to mitigate impact on the environment and natural
resources, to ensure public safety and to ensure compliance with the St. Lucie County
Comprehensive Plan; and,
Any structure on North or South Hutchinson Island that has not been occupied, constructed,
or has not received a building permit, site plan or other County development approval as a
permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson
Island - Building Height Overlay Zone shall apply.
C. Public Facilities.
1. The Planned Non -Residential Development shall be designed and located so there will
be no net public cost for the provision of water lines, sewage lines, storm and surface
drainage systems, and other utility systems in order to ensure compatibility with surrounding
land uses, to mitigate impact on the environment and natural resources, to ensure public
safety and to ensure compliance with the St. Lucie County Comprehensive Plan.
2. The minimum size of all water mains used, or intended for use, in fire protection
activities is six (6) inches. Actual water main requirements will be determined by the St.
Lucie County -Ft. Pierce Fire Prevention Bureau.
3. The minimum size of all water mains used, or intended for use, in fire protection
activities, that are located on a dead-end water main is eight (8) inches. Actual water main
requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau.
The maximum number of fire hydrants that may be located on any dead end water main is
one (1).
4. Fire hydrants shall be provided at a minimum spacing of one (1) every six hundred (600)
feet unless otherwise approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau.
D. Traffic and Pedestrian Circulation.
1. Every use permitted in a Planned Non -Residential Development shall have access to a
public street either directly or through an approved private road, vehicular accessway, a
pedestrian way, or other area dedicated to public or private use.
2. Principal vehicular access points shall be designed to permit smooth traffic flow with
controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor
streets within the Planned Non -Residential Development shall not be connected to streets
outside the development so as to encourage their use by through traffic.
3. The proposed Planned Non -Residential Development shall be designed so that it will not
create traffic congestion on the arterial and collector roads surrounding the project, or such
surrounding collector or arterial roads shall be improved so that they will not be adversely
affected.
4. Streets in a Planned Non -Residential Development may be dedicated to public use or
retained under private ownership. Said streets and associated improvements shall comply
with all pertinent County regulations and ordinances, however, variations to the standard
minimum right-of-way widths may be considered as part of the Planned Non -Residential
Development if it is shown to the satisfaction of the County Commission, that the requested
variation is consistent with the intent of the County's roadway construction standards and
necessary for the design of the Planned Unit Development.
5. Any pedestrian circulation system and its related walkways shall be insulated from the
vehicular street system.
6. All roads and streets shall intersect at an approximate ±5° angle of ninety (90) degrees
unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of
intersection.
7. Street jogs or centerline offsets between any local street or road with another local street
or road, shall be no less than one hundred fifty (150) feet.
8. The intersection of any two (2) local roads or streets with a Major Collector or Arterial
Roadway shall be separated by a minimum distance of six hundred sixty (660) feet, as
measured from centerline to centerline.
9. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-
sacs shall be provided at the end of all dead end roads or streets greater than five hundred
one (501) feet in length. The length of a dead-end street shall be measured along the
centerline of the street from its point of perpendicular intersection with the centerline of
intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a
minimum right-of-way diameter of one hundred (100) feet.
If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn
around may be approved.
If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until
the roadway is connected to another street or road.
In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass
and landscaping that will not interfere with sight distance, may be provided. Center islands
shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through
the review of the Planned Unit Development.
10. All roadways, exclusive of interior parking and access aisles areas, regardless of
ownership, shall be located a minimum of ten (10) feet from any exterior building walls,
except f or security gate houses or similar security structures located in a private street or
road right-of-way.
11. Access points on all collector or arterial streets serving a Planned Non -Residential
Development shall be located and spaced so that traffic moving into and out of the arterial
streets does not cause traffic congestion.
E. Parking and Loading.
1. General Provisions.
a. The number, type, and location of parking spaces shall be determined at the time of
final Planned Nonresidential Development plan approval. The determination of the
number of spaces required shall be based on Section 7.06.02 of this Code. The number
of parking spaces required by this section may be reduced based on substantial
competent evidence that the reduced number of spaces is adequate for the proposed use
or that parking may be shared by proximate uses that operate at different times or on
different days.
b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to
Section 7.06.02(B)(4) of this Code.
2. Off Street Parking and Loading. Off-street parking and loading requirements are
governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards:
a. Off-street parking and loading areas shall be designed to provide travelways
between adjacent uses while discouraging through traffic.
b. Off-street parking and loading areas shall be screened from adjacent roads and
pedestrian walkways with hedges, dense planting, or changes in grades or walls.
3. On Street Parking. In Planned Non -Residential Developments, on street parking may
be used so long as the road on which the on -street parking is proposed lies entirely
within the limits of the defined Planned Nonresidential Development and such parking
would not contravene any other provision of this Code or the St. Lucie County Code of
Ordinances. Where such on street parking and loading is used, it shall be consistent with
the following design standards:
a. The minimum size of a parking stall shall be as follows:
parallel 8 feet X 23 feet
angled 10 feet X 18 feet
handicapped (parallel) 12 feet X 23 feet
handicapped (angled) 12 feet X 18 feet
b. Handicapped parking spaces shall be appropriately marked.
c. Access for emergency fire vehicles shall be in accordance with NFPA standards.
d. No more than fifteen (15) parking spaces shall be permitted in a continuous row
without being interrupted by a minimum landscape area of three hundred sixty (360)
square feet.
F. Lighting. All lighting facilities shall be arranged in such a manner so as to prevent direct
glare or hazardous interference of any kind to adjoining streets or properties.
G. Landscaping and Natural Features.
1. Native trees and vegetation and other natural features shall be preserved to the extent
practicable.
2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent
practicable.
3. Landscaping for off-street parking and loading areas shall meet the minimum
requirements of Section 7.09.00.
H. Open Space Standards.
1. For development projects of less than ten (10) acres, a minimum of twenty percent
(20%) of the gross area of land to be committed to a Planned Non -Residential Development
must be for use as common open space, which may include parks, recreation areas, bicycle
and pedestrian paths and facilities, marinas, swimming beaches, common open space,
common landscaping or planting areas, or other areas of public purpose other than street or
road rights -of -way, utility easements, excluding exclusive stormwater treatment facilities,
and parking areas.
For development projects of ten (10) acres or more, a minimum of thirty-five percent (35%)
of the gross area of land to be committed to a Planned Non -Residential Development must
be for use as common open space, which may include parks, recreation areas, bicycle and
pedestrian paths and facilities, marinas, swimming beaches, common open space, common
landscaping or planting areas, or other areas of public purpose other than street or road
rights -of -way, utility easements, excluding exclusive stormwater treatment facilities, and
parking areas.
At the request of the developer, and subject to the approval of the Board of County
Commissioners, use of recreational facilities may be offered to the general public.
A minimum of fifteen percent (15%) of any existing native upland habitat on the property,
must be preserved in its natural condition as part of the required thirty-five percent (35%)
common open space, For each acre of preserved native habitat above the required minimum
fifteen percent (15%) that is preserved in its original state, credit shall be given at a rate of
one hundred fifty percent (150%) per acre towards the remaining common open space
requirement.
All areas to be dedicated for common open space shall be identified as part of the
Preliminary Development Plan for the Planned Nonresidential Development. Areas that are
floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the
total common open space requirement subject to the requirement that fifteen percent (15%)
of any existing native habitat on the property must be included as part of the required thirty-
five percent (35%) common open space. As part of the Final Planned Nonresidential
Development submission process, the developer or petitioner for the Planned Nonresidential
Development shall provide for one (1) of the following:
a. The advance dedication of all common open space to a public, or acceptable private,
agency that will, upon acceptance, agree to maintain the common open space and any
buildings, structures or improvements that have been placed on it. All such dedications or
conveyances shall be completed prior to the issuance of any building permits, including land
clearing, for any portion of the Planned Nonresidential Development; or,
b. A phased conveyance of the land to be used for common open space to a public or
acceptable private agency that will, upon acceptance, agree to maintain the common open
space and any buildings, structures or improvements that have been placed on it. The
schedule for the phased conveyance of any such lands to be used for common open space
shall be a specific condition of approval for the Planned Nonresidential Development.
2. Areas provided or reserved to meet any other environmental preservation or protection
requirement of this code or other lawful regulatory authority may be counted towards the
overall common open space requirement, provided that the common open space meets the
requirements of this Code.
3. All land dedicated for common open space shall be physically part of the Planned Non -
Residential Development.
I. Phasing.
1. A Planned Non -Residential Development may be developed in more than one (1) stage
or phase.
2. If a Final Development Plan approved by the Board of County Commissioners is to be
developed in stages or phases, each successive phase shall be constructed and developed in a
reasonably continuous fashion. The final stage or phase shall be completed within ten (10)
years of the date of final development plan approval. Any extension of the above
requirement is subject to approval by the Board of County Commissioners unless otherwise
amended by the Board of County Commissioners.
J. Signs.
1. Signs within any Planned Non -Residential Development located in a Residential or
Agriculturally classified land use area shall comply with the provisions of Chapter 9
applicable to the Commercial Neighborhood (CN) Zoning District; provided, however, that
the Board of County Commissioners may condition approval of a Planned Non -Residential
Development upon compliance with more stringent sign regulations in order to ensure
design consistency throughout the proposed development, to ensure compatibility with
surrounding land uses, to ensure public safety and prevent public harm, and to ensure
compliance with the St. Lucie County Comprehensive Plan.
2. Signs within any Planned Non -Residential Development located in a commercially or
industrially classified Land Use Area shall comply with the provisions of Chapter IX
applicable in the Commercial General (CG), Zoning District; provided, however, that the
Board of County Commissioners may condition approval of a Planned Non -Residential
Development upon compliance with more stringent sign regulations in order to ensure
design consistency throughout the proposed development, to ensure compatibility with
surrounding land uses, to ensure public safety and prevent public harm, and to ensure
compliance with the St. Lucie County Comprehensive Plan.
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PLANNING
ZONNING COMMISSION
Meeting Time:
6:00 PM (or soon thereafter)
John Doe
2300 Virginia Ave
Fort Pierce, FL 34950
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Applicant
Prayer Tower International, Inc.
2464 Iroquois Ave
Fort Pierce FL 34946
(722)201-2035
File Number
PNRD 820093999
Project Location
W. side of North 25th St., approxi-
mately 1, 200 ft S of the intersection of
St. Lucie Blvd. & N. 25th St.
Future Land Use
RU (Residential, Urban-5du/lac)
Existing Zoning
RS-4 (Residential, Single Family —4du/
ac)
Proposed Zoning
PNRD (Planned Non -Residential De-
velopment)
Staffs Recommendation
A recommendation of adoption of
Resolution No. 10-106 by the Planning
and Zoning Commission to the Board
of County Commissioners for approval
of the application for Preliminary/Final
PNRD and Rezoning for Prayer
Tower.
InEdo R .
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Public Hearing Notice
Thursday, July 15, 2010
Prayer Tower
Proposed Preliminary/Final Site Plan Approval
& Rezoning (File No. PNRD 820093999)
Public Hearing Description
Petition of Prayer Tower International,
Inc. for an amendment to the Official
Zoning Atlas to change the zoning from
the RS-4 to the PNRD Zoning District
and grant Preliminary/Final PNRD Site
Plan approval for a project to be known
as Prayer Tower. This Planned Non -
Residential Development Site Plan if
approved will consist of a 5, 500 square
foot religious facility.
Background
On June 10, 2010 the Development Re-
view Committee certified the application
to move forward to the next step in the
development review process.
Further details are available in the Plan-
ning and Development Services Depart-
ment, please contact.
Staff
Linda Pendarvis
Tel
772.462.1562
Email
pendarvisl@stlucieco.org
Mail
2300 Virginia Avenue
Fort Pierce, FL 34982
The St. Lucie County Planning and Zon-
ing Commission has the power to review
and recommend to the St. Lucie County
Board of County Commissioners, for
approval or disapproval, any applica-
tions within their area of responsibility.
The Planning and Zoning Commission
strongly encourages your input and
comment at the public hearing. You may
also mail or email written comments
regarding this proceeding in advance of
the public hearing for inclusion in the
official record. Written comments to the
Planning and Zoning Commission
should be received by the Planning and
Development Services Department —
Planning Division at least 3 days prior to
the scheduled hearing.
Anyone with a disability requiring ac-
commodations to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance
at 772.462.1546 or TDD 772.462.1428
Date Mailed 7/02/2010
Legal Description
Lots 5 and 6, Block 30, San Lucie Plaza Subdivision, according to the
Plat thereof, recorded in plat book 5, page 57, of the public records of
St. Lucie County, Florida
Together with;
San Lucie Plaza Subdivision Unit One, Block 30, Lots 17,18,19, 20, 21,
22, 23 & 24 and South 1/2of vacated Hawthorne Road adjacent on the
north.
ST. LUCIE COUNTY PLANNING
AND ZONING COMMISSION
PUBLIC HEARING AGENDA
JULY 159 2010
NOTICE OF PROPOSED ZONING DISTRICT CHANGE
The St. Lucie County Planning and Zoning Commission is scheduled to
review and make recommendations regarding the following item petitioned
by the applicant for adoption by the Board of County Commissioners of
St. Lucie County, Florida, by resolution.
RESOLUTION NO.10-106
A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-4
(RESIDENTIAL, SINGLE FAMILY — 4 DU/ACRE) ZONING DISTRICT
TO THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT)
ZONING DISTRICT AND GRANT PRELIMINARY AND FINAL PLANNED
NON-RESIDENTIAL DEVELOPMENT SITE PLAN APPROVAL FOR THE
PROJECT KNOWN AS PRAYER TOWER.
APPLICANT: Prayer Tower International, Inc.
FILE NUMBER: PNRD 820093999
PURPOSE: Petition of Prayer Tower International, Inc. for an amendment to the
Official Zoning Alias to change the zoning from the RS-4 (Residential, Single
Family — 4 du/acre) Zoning District to the PNRD (Planned Non -Residential
Development) Zoning District and grant Preliminary/Final PNRD Site Plan
approval for a religious facility to be known as Prayer Tower.
LOCATION: West side of North 2511 Street, approximately 1,200 feet south of the
intersection of St. Lucie Blvd and North 2511 Street.
LEGAL DESCRIPTION: SEG CHAPTER Ui V 1Lots 5 and 6, Block 30, San Lucie
Plaza Subdivision, according to the Plat thereof, recorded in plat book 5, page 57,
of the public records of St. Lucie County, Florida
Together with;
San Lucie Plaza Subdivision Unit One, Block 30, Lots 17,18,19, 20, 21, 22, 23 &
24 and South 14 of vacated Hawthorne Road adjacent on the north.
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i
The Planning and Zoning Commission PUBLIC HEARING on this item will be held
in the Commission Chambers, Roger Poitras Annex, 3id Floor, St. Lucie County
Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday.
July 15.2010 beginning at 6:00 P.M. or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments
received in advance of the public hearing will also be considered. Written comments
to the Planning and Zoning Commission should be received by the Planning and
Development Services Department - Planning Division at least 3 days prior to
the scheduled hearing. The petition file is available for review at the Planning and
Development Services Department offices located at 2300 Virginia Avenue, 2n° Floor,
Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or
TDD 772/462-1428 if you have any questions or require additional information.
The St. Lucie County Planning and Zoning Commission has the power to review
and recommend to the St. Lucie County Board of County Commissioners, for
approval or disapproval, any applications within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically
recorded. PURSUANT TO Section 286.0105, Florida Statutes. if a person
decides to appeal any decision made by the Planning and Zoning Commission
with respect to any matter considered at a meeting or hearing, he or she will
need a record of the proceedings. For such purpose, he or she may need to
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. Upon the
request of any party to the proceeding, individuals testifying during a hearing
will be swom in. Any party to the proceeding will be granted an opportunity
to cross-examine any individual testifying during a hearing upon request. If it
becomes necessary, a public hearing may be continued to a date -certain.
Anyone with a disability requiring accommodation to attend this meeting should
contact the SL Lucie County Community Risk Manager at least forty-eight (48) hours
prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/S/CRAIG MUNDT, CHAIRMAN
PUBLISH DATE: July 2, 2010
F
6uNTY
L
o
R
I D A
AGENDA REQUEST
ITEM NO. VII-G
DATE: 08/17/10
REGULAR
PUBLIC HEARING (X )
LEG. (X )
QUASWD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B
Britton De Wi
SUBMITTED BY: Planning and Development Services Senior Plann
Department
SUBJECT: Kennels as a Permitted Use in IL Zoning District
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board review of a text amendment to the LDC to include kennels as a permitted
yet restricted use in the IL zoning district (Ordinance No. 10-026).
COMMISSION ACTION: CONCURRENCE:
i APPROVED ( ) DENIED
OTHER
No action
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (X) x County Surveyor ( )
Daniel S. McIntyre
`t m-.7
County Engineer ( )
Michael Powley
Originating Dept. (X )
Mark Satterlee
Purchasing ( )
Melissa Simberlund
Ron Harris
ERD ( X 7L2 K15_
Kare Smith
OMB ( )
Marie Gouin
Planning and Development
Services Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Sattedee, AICP, Planning & Development Services Director
Kara Wood, Planning Manager
FROM: Britton De Witt, Senior Planne
Planning Division
DATE: August 17, 2010
SUBJECT: Kennels as a Permitted Use in IL Zoning District
ITEM NO.: VII-G
Background:
During the June 15, 2010 Board of County Commission hearing, the Board directed staff to amend the
text of the Land Development Code (LDC) to include kennels as a permitted use in the IL (Industrial,
Light) zoning district and to schedule the amendment for the next Planning and Zoning Commission
hearing. The direction was initiated when a member of the public expressed a desire to open an animal
rescue operation in an existing building in the IL zoning district where it is currently not a permitted use.
An animal rescue operation falls under the general use category of kennels in the LDC.
Per LDC Section 3.01.03, any permitted use in the IL zoning district is also a permitted use in the IH
(Industrial, Heavy) zoning district. Therefore, an approval of kennels in the IL zoning district is also an
approval of kennels in the IH zoning district.
The LDC allows kennels as a permitted use in the AG-1, AG-2.5, and AG-5 zoning districts. The AR-1
(Agricultural, Residential — 1 dwelling unit/acre) zoning district permits kennels only as a Conditional Use
(CU) and they must be enclosed. The use is required to follow the lot size and dimensional requirements
of the zoning district as identified in table one in Section 7.04.00.
The LDC lists kennels under the Standard Industrial Code (SIC) of 0752 which also includes the following
additional uses:
■ Animal shelters
• Artificial insemination services: animal specialties
■ Boarding horses
• Boarding kennels
• Breeding of animals, other than cattle hogs, sheep, goats, and poultry
• Dog grooming
• Dog pounds
• Honey straining on the farm
• Pedigree record services for pets and other animal specialties
Kennels in IL Text Amendment
August 10, 2010
Page 2
• Showing of pets and other animal specialties
• Training horses, except racing
• Training of pets and other animal specialties
• Vaccinating pets and other animal specialties, except by veterinarians
Staff has performed a zoning district comparison with neighboring jurisdictions for Industrial Light zoning
and staff found that the majority allow kennels as a permitted use (see table below). Only one provided
supplemental standards for this use in the Industrial Light zoning district. The City of Vero Beach allows
kennels as a permitted use in the Industrial Light zoning district with the following supplemental
standards: "Boarding of domestic dogs and cats provided such activity is located no closer than 1,000
feet from a residential district; or where the animal refuge will be in a fully enclosed soundproofed building
and any animal run is fully screened to a height of 6 feet and set back from all property lines by at least
25 feet and the outdoor run is only utilized during the hours between 8:00 a.m. and 6:00 p.m. All animals
shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m."
Kennels as permitted in the IL (or equivalent) zoning district:
Jurisdiction
Not permitted
Permitted
Conditional
Port St. Lucie
X
Fort Pierce
X
Indian River County
X
Vero Beach
X
Brevard Count
X
Sebastian
X
Martin County
X
Jupiter
X
Oran e county
X
Most of the land currently zoned IL and IH in the County is within the annexation area of the City of Ft.
Pierce. The City only permits kennels as a conditional use in the Commercial General zoning district and
does not allow kennels in Industrial Light. Since the 1950's, the St. Lucie County Humane Society has
been located in the City of Ft. Pierce in a complex currently zoned Industrial Light. The Humane Society
has operational contracts with the County and both municipalities. The Humane Society has therefore
been grandfathered in and is considered a legal nonconforming use. If the Humane Society should cease
to operate for longer than twelve months it would lose its legal nonconforming use status.
Staff has received a comment from a citizen expressing their concern for allowing kennels as a permitted
use in the Industrial Light zoning district (see attached email). It is suggested that the potential noise
associated with housing a large number of dogs may not be compatible with many uses currently
permitted in the Industrial Light zoning district. This citizen requests that the permitting of kennels go
through the conditional use process. Provisions for conditional uses are identified in Section 11.07.00 in
the LDC. The general purpose of a conditional use is to allow for the individual review of the particular
location, design, intensity, configuration, and public facility impact in order to determine the
appropriateness of the use on any particular site in the zoning district and their compatibility with adjacent
uses. Additional conditions may be placed on a conditional use permit to make the uses compatible in
their specific contexts.
Currently within the County there are properties (developed and vacant) zoned IL and IH that are not
serviced by water and sewer. When locating a kennel on property not served by water and sewer, the St.
Lucie County Health Department requires a separate septic system specifically designed to process
animal waste. If the kennel operators choose not to install a separate septic system, the solid waste must
be bagged and placed in the garbage for transport to the land fill.
Kennels in IL Text Amendment
August 11, 2010
Page 3
The Environmental Resources Department has reviewed the proposed amendments and has the
following comments: "Staff recommends the incorporation of supplemental landscape buffer standards for
kennels. Specifically, staff recommends a minimum 15 foot landscape buffer on all side and rear
perimeters, with an eight (8) foot opaque wall or fence planted with a four (4) foot tall continuous hedge
and one (1) tree per thirty (30) linear feet. All landscaping shall be planted on the outside of the wall or
fence. Front perimeter landscaping shall comply with Land Development Code 7.09.04(A)."
Previous Action:
On July 15, 2010, the Planning and Zoning Commission reviewed this proposed amendment to the LDC
and recommend that it be approved by a vote of 5:1 with the following required standards:
3.01.03. Zoning Districts
T. IL INDUSTRIAL, LIGHT.
2. Permitted Uses:
w. Kennels — Boarding of domestic dogs and cats where the animal
refuge will be in a fully enclosed building and any animal run shall be
visually screened to a height of six feet and set back from all property
lines at least 20 feet. The animals shall be housed within the required
soundproof structure between the hours of 6:00 p.m. and 8:00 a.m.
Recommendation:
Board review of a text amendment to the LDC to include kennels as a permitted yet restricted use in the
IL zoning district (Ordinance No. 10-026).
'a
It
Rd
Juanita
FAW
mmg, Vi.
MINMIM gMFA.
Midway Rd
................
...........
Legend
IL zoning
1H zoning
FPUA Service Area
EmMunicipalities
1 2 N
III II
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Map prepared July 27, 2010
le,
I m I a BY. Q Z IN
i U NOWIEW11
Environmental Resources
Department
Companion Report
TO: Board of County Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Jennifer Evans, Senior Environmental Planner
DATE: August 4, 2010
SUBJECT: Animal Kennel Land Development Code Text Amendment
Backaround
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the proposed Land Development Code text amendment.
Findings
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the proposed Land Development Code text amendment.
Signature
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ORDINANCE NO. 10-026
Text Amendment to the Land Development Code
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE TO INCLUDE KENNELS AS A PERMITTED USE IN THE
INDUSTRIAL LIGHT ZONING (IL) DISTRICT; PR (DING FINDINGS;
PROVIDING FOR CONFLICTING PROVISION S• ROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY• VIDING FOR FILING
WITH THE FLORIDA DEPARTMENT OF ST OVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR ADOP
WHEREAS, the Board of County Commissioners hj de the fol lowingllWrmi nations:
1. This Board is authorized by Sectio 01(1)(h), orida Statutestablish,
coordinate and enforce zoning and such ess re ns as are nec ry for the
protection of the public; and,
2. This Board is authorized by 125.01(1)(t dopt ordinances and resolutions
necessary for the exercise of nd to p e fines and penalties for the
violations of ordinances in accor e
3.On August 1, 199 and of t of St. Lucie County Florida
adopted the St. Land D ent Co
4.On July 1 the Pla and Zo Commission held a public hearing on the
proposed or ce after hing note the St. Lucie News Tribune at least 10
days prior to th ri a at the proposed ordinance be approved.
5. 010, oard held its first public hearing on the proposed ordinance,
r publishi otic ch hearing in the St. Lucie News Tribune on
10.
6. 201 is Board held its second public hearing on the proposed
ordi after pub ng a notice of such hearing in the St. Lucie News Tribune on
10.
7. The propo ndment to the St. Lucie County Land Development Code is
consistent wit a general purpose, goals, objectives and standards of the St. Lucie
County Comprehensive Plan and are in the best interest of the health, safety and
public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The specific amendment to the St. Lucie County Land Development Code to read
as follows in underline format:
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3.01.03. Zoning Districts
T. IL INDUSTRIAL, LIGHT.
2. Permitted Uses:
w. Kennels — Boarding of domestic dogs and cats where the
animal refuge will be in a fully enclosed building and any animal run shall be visually
screened to a height of six feet and set back from all property lines at least 20 feet. The
animals shall be housed within the required soundproof structure between the hours of
6:00 o.m. and 8:00 a.m.
B. CONFLICTING PROVISIONS
Special acts of the Florida Legislature applicable only to rated areas of St. Lucie
County, County Ordinances and County Resolutions, s t f, in conflict with this
Ordinance are hereby superseded by this Ordinancee extent o conflict.
C. SEVERABILITY
If any portion of this Ordinance is for any re helCorred to be un titutional,
inoperative or void, such holding shall not affect ortions of this Ordinance. If
this Ordinance or any provisions th reof shall beapplicable to any person,
property, or circumstances, such h hall not affeability to any other person,
property or circumstance.
D. APPLICABILITY OF
This Ordinance shall
E. FILING WI
The Clerk is hereb
Bureau o epai
F. CTIV
Thi . ance shall to
in the
DEPARMENT OF MMTE
St. Lucie County.
certified copy of this Ordinance to the
, Tallahassee, Florida, 32304.
ing with the Department of State.
Ordinance No. 10-026
File No.: TLDC 620104071
Page 2
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G. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Charles Grande, Chairman XXX
Doug Coward, Vice -Chair XXX
Chris Dzadovsky, Commissioner XXX
Chris Craft, Commissioner
Paula Lewis, Commissioner
PASSED AND DULY ADOPTED this day, 2010
ATTEST: BOAR C COMMISSION
ST. LUC Y, FLORIDA
n
AS TO FORM AND
ESS:
County Attorney
Ordinance No. 10-026
File No.: TLDC 620104071
Page 3
1 St. Lucie County
2 Planning and Zoning Commission/ Local Planning Agency
3 Roger Poitras Annex, Commission Chambers, 3`d Floor
4 July 15, 2010 Meeting
5 6:00 p.m.
6 In the event of a conflict between these written minutes and a compact disc recording,
7 the compact disc shall control.
0
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I. CALL TO ORDER
Chairman Mundt called the meeting to order
A. Pledge of Allegiance
12 B
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Roll Call
CraigMundt ......................................
Britt Reynolds ................ .........
Pamela Hammer ...............
Edward Lounds....................
Stephanie Morgan .................. ......
Tod Mowery.. .............
Susan Car ............
Barry Schra ........... ..............
Brad Culverho rriv 6:35)...
ssion Member
Rio Member
Staff P t
Heather ......... ..................Assistant County Attorney
Mark Satterl ....................Planning and Development Services Director
Kara Wood......... .. ......................Planning Manager
Linda Pendarvis................................Planner
Britton DeWitt ...................................Senior Planner
Michelle Hylton .................................Recording Secretary
35 C. Announcements
36 None.
37 D. Disclosures
DRAFT Page 2 of 6
38 None.
39 II. MINUTES
40 Review the minutes from the May 20, 2010 meeting for approval.
41 Mr. Mowery moved to approve of the minutes as amended.
42 Mr. Reynolds seconded. The motion carried 8-0.
43 III. PUBLIC HEARINGS
44 A. Prayer Tower International, Inc. — PNRD 820093999
45 Petition of Prayer Tower International, Inc. for an amendment to the Official Zoning
46 Atlas to Change the Zoning from the RS — 4 (Residential, Single Family — 4 du/acre)
47 Zoning District to the PNRD (Planned Non -Residential Development) Zoning District and
48 grant Preliminary and Final Planned Non — Residential Development site plan approval
49 for the project known as Prayer Tower. Staff comments and presentation by Linda
50 Pendarvis.
51 Ms. Pendarvis presented the petition.
52 Mr. Lounds asked whether an existing facility at Juanita and 25th Street that serves alcohol
53 would be burdened by the location of the new religious facility.
54 Ms. Pendarvis stated they would not be affected unless they go out of existence for 12 months,
55 in which case they would need to apply for a conditional use or variance.
56 Steven Cooper, of Steven Cooper P.E. and Associates, spoke on behalf of the applicant
57 stating they agree with the report and recommendations. He stated they have FDOT approval
58 to build on 25th Street.
59 Mr. Schrader asked what kind of lighting would be used.
60 Mr. Cooper stated there is no proposed lighting.
61 Mr. Lounds asked about the size of the congregation in relation to traffic.
62 Pastor Jimmie Nettles, the applicant, stated they have 40-60 people, but are growing.
63 Mr. Mundt asked whether sound would be contained within the building.
64 Mr. Nettles stated that is correct.
65 Chairman Mundt opened the public hearing.
Planning and Zoning Commission June 17, 2010
Minutes
DRAFT Page 3 of 6
66 No one spoke.
67 Chairman Mundt closed the public hearing.
68 Mr. Mowery stated there are 51 proposed parking spaces in response to Mr. Lounds' question.
69 Mrs. Hammer asked if it were possible to waive the opaque fence requirement so it does not
70 block the view of trees.
71 Ms. Pendarvis stated the Code is adamant about fencing between a single family home and a
72 PNRD.
73 Mr. Lounds asked whether there could be a "step-down" fence to avoid traffic hazards.
74 Ms. Pendarvis stated they could do a triangle visual fence.
75 Mr. Schrader made the motion:
76 After Considering the testimony presented during the public hearing, including
77 staff comments, and the standards of review as set forth in Section 11.06.03, St.
78 Lucie County Land Development Code, I hereby move that the Planning and
79 Zoning Commission recommend that the St. Lucie County Board of County
80 Commissioners grant a change in Zoning from the RS-4 (Residential, Single
81 Family — 4 du/ac) Zoning District to the PNRD (Planned Non -Residential
82 Development) Zoning District, and preliminary/final PNRD site plan approval for
83 the project known as "Prayer Tower" because it is compatible with the
84 characteristics of the neighborhood and the zoning of the surrounding
85 properties, and I also ask that we include the conditions and recommendations
86 set forth by staff.
87 Mr. Reynolds seconded.
88 Mr. Mowery suggested moving the fence back to the front face of the homes to remove the
89 concern of Mr. Lounds.
90 Ms. Pendarvis stated they could require a 25-foot setback, which would be normal in this
91 zoning district.
92 Mr. Lounds stated that would satisfy his concerns.
93 Mr. Schrader amended his motion to include the 25-foot setback.
94 Mr. Reynolds stated his second stills stands. The motion carried 8-0.
95 B. Ordinance No. 10-026
Planning and Zoning Commission June 17, 2010
Minutes
DRAFT Page 4 of 6
96 An Ordinance to approve amending the Text of the Land Development Code to include
97 kennels (SIC 0752) as a permitted use in the IL (Industrial Light) Zoning District. Staff
98 comments and presentation by Britton DeWitt.
99 Mrs. DeWitt presented the County initiated petition.
100 The Commission discussed the hours the dogs would be allowed outside, and the construction
101 of the kennels.
102 Chairman Mundt opened the public hearing.
103 Harold Smith, representing the person who brought the issue to the Board of County
104 Commissioners, spoke in favor of the Ordinance. He stated he believes it was a simple
105 oversight of something that could have been permitted in writing the Code.
106 Chairman Mundt closed the public hearing.
107 Mrs. Hammer stated if this were passed, it would apply to all Industrial Light areas in the
108 county. She stated she would not support this as a permitted use, but would be willing to
109 support it as a conditional use.
110 (Mr. Culverhouse joined the Commission)
111 Mrs. DeWitt stated a lot of the Industrial Light throughout the county is located near residential
112 areas.
113 Mr. Lounds stated he shares Mrs. Hammer's concern.
114 Mr. Mundt asked if soundproofing of the building was addressed in the ordinance.
115 Mrs. DeWitt stated it was not.
116 The Commission continued to discuss the issue of noise and soundproofing.
117 Mr. Mowery stated they could add supplemental regulation standards related to kennels in the
118 LDC, but it would still be a permitted use.
119 Ms. Wood stated when someone applies for an occupational license the Zoning Division would
120 check to make sure it is a permitted use in the zoning and a Code Enforcement Officer would
121 check to make sure standards that go with that use are in place on the property.
122 The Commission discussed changing the wording in relation to the Vero Beach regulations for
123 supplemental standards to address noise.
124 Mrs. Hammer stated she is not comfortable taking action without seeing a map to see all the
125 areas that will be impacted by this.
Planning and Zoning Commission June 17, 2010
Minutes
DRAFT Page 5 of 6
126 Mr. Satterlee stated they would provide a map for the BOCC so they have an analysis of the
127 acreage to which this would apply. He stated the BOCC said they want this as quickly as
128 possible, so he respectfully requested that the Commission take action tonight.
129 Mr. Mowery stated he would like to discuss a supplemental regulation adding hours of
130 operation for an outdoor dog run.
131 The Commission discussed adding supplemental regulations to the use.
132 Mr. Mowery made the motion:
133 A motion to approve after Considering the testimony presented during our
134 evening discussion, including staff comments, I would hereby move that the
135 Planning and Zoning Commission recommend that the St. Lucie County Board of
136 Commissioners a text amendment to the St. Lucie Land Development Code in
137 Section 3.01.03 (T) IL (Industrial Light) District granting kennels as a permitted
138 use, and adding to Section 7.10.00 supplemental regulations, a general standard
139 for kennels in the IL District, providing the language as shown under the Vero
140 Beach section: "boarding of domestic dogs and cats provided such activity is
141 located no closer than 1,000 feet from a residential district; or where the animal
142 refuge will be in a fully enclosed soundproofed building and any animal run is
143 fully screened to a height of 6 feet and set back from all property lines by at least
144 25 feet and the outdoor run is only utilized during the hours between 8:00 a.m.
145 and 6:00 p.m. All animals shall be housed within the required soundproof
146 structure between the hours of 6:00 p.m. and 8:00 a.m."
147 Mr. Reynolds seconded.
148 Ms. Young stated due to the fact the ordinance was advertised with a specific title amending
149 only the Industrial Light permitted uses, we would have to prepare a separate ordinance as
150 included in the motion.
151 The Commission discussed ways to add the language without a separate public hearing.
152 Ms. Young stated the Vero Beach Code actually approves hours of operation in the permitted
153 use language as opposed to supplemental standards, so if you did that you would be
154 amending it to make it more restrictive, and it wouldn't need to be re -advertised.
155 The Commission discussed how the standards would be written into the ordinance.
156 Ms. Young suggested an amendment to the motion to recommend approval:
157 The Planning and Zoning Commission recommends that the Board of County
158 Commissioners adopt proposed Ordinance number 10-026 with the addition of
Planning and Zoning Commission June 17, 2010
Minutes
DRAFT
Page 6 of 6
159 the same restrictions as found in the comparable Vero Beach ordinance to the
160 language for permitted uses "kennels" in the IL Zoning District.
161 Chairman Mundt called for the previous motion and second to be withdrawn. The
162 Commission agreed.
163 Mr. Mowery stated the motion is acceptable. Mr. Reynolds concurred.
164 The Commission discussed the distance of the structures from homes.
165 Mr. Mowery amended his motion as follows:
166 We recommend to the Board of County Commissioners Ordinance No. 10-026,
167 amending St. Lucie County Land Development Code Section 3.01.03 (T) IL (Light
168 Industrial) Zoning District to allow kennels as a permitted use, adding the
169 language that the hours of operation be between 8:00 a.m. and 6:00 p.m. and that
170 the animal run is fully screened to a height of six feet and set back from all
171 property lines at least 20 feet. The animals shall be housed within the required
172 soundproof structure between the hours of 6:00 p.m. and 8:00 a.m.
173 Mr. Reynolds seconded. The motion carried 8-1 with Mrs. Hammer dissenting.
174 OTHER BUSINESS
175 A. Planning and Development Services Director Comments.
176 Mr. Satterlee stated BP has capped the well in the Gulf, and it is starting to solve the problem.
177 Mr. Lounds asked how to initiate an ordinance for relief from nuisance barking dogs.
178 Mr. Satterlee stated an individual could initiate the application or ask the BOCC to direct staff
179 to undertake that task.
180 The Commission briefly discussed the potential of initiating an ordinance for barking dogs, but
181 decided not to initiate such an ordinance.
182 IV. ADJOURN
183 There being no further business, the meeting adjourned at 7:15.
Planning and Zoning Commission June 17, 2010
Minutes
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P A G E B 6 - F R I D A Y, AUGUST 6, 2 0 1 0 - T C P A L M. C 0 M - SL
EXECUTIVE PLANNER
NEW LWnMGS
Greeting New Market Opportunitles: NWan River Research and
Education Center, 2N South Rock Road, Fan Pierce, 9:30 am. -man
Au . a Reservasau: (772) 462-1600.
DATED MEETINGS
SL Lude Count' Commercemn Chamber Of Mu-Cuuml
cha
mber mber AdminRretva Office, 1850 Sw Folnt3rrviev Blvd.,
Suet 201, Port SL Lace. 8:30 am., Aug. 6.
SahaeUan Chamber OF Commerce: Breakfast Jerry Smith
Floor n, 915 US. 1, Sebaarian, 8-9 am., Au4 6..4ea IS, (772) 589
5969. sebastenchamber.com.
REGULAR MEETINGS
Florida Small Swinau Development Canter. ManagBme t
counedre for small-buekass Demers. MSC, 3209 Vast. Ave., Fort
Pierce, Bulding E, Roan 123, 8 --5 p.m.. Mo"-Frida. (888) 283-
1T77.
Frltl>Sys
Coffee With Commissioner. Chairman Charles Grande, St.
Lucie C.MY Commoarn Commission Chambe, 2300 Virginia
Ave.. Fort Pierce, 8 30-930 am fourth Friday (772) 340-1333; duo@
sduciediamber.org
NEW BUSINESSES
Have a new business? Let us know about it
Are you opening a new business on the Treasure
Coast?
We'd like to share your good news on the business page
of Scripps Treasure Coast Newspapers and the business
section of TCPalm.wm. Th submit information on a new
business, go to wwwtcpalm.rom/submit, click on the
"new business" link and complete the form
NATION
NEW YORK
Stocks dip as jobless claims spike
A surprisingly poor signal on the jobs market sent
stocks slightly lower Thursday as investors remained
worried about a lack of hiring.
The modest drop came after the labor Department said
first-time claims for unemployment benefits rose unex-
pectedly last Reek.
Investors tried to muster lateday tally, but there wasn't
anough momentum to push the Dow Jones tndustrial aver-
age back into positive territory. The Dow closed down
5 points after dropping as much as 68 points earlier in the
day. Broader indexes also fell modestly
The Dow fell 5.45, or 0.1 pettmt, to 10,674.96. The Stan-
dard & Forces 500 index fell 1.43, cur 0.1 percent, to 1,125.81,
while the Nasdaq composite index fell 10.51, or0.5 percent.
to 2293.06
WASHINGTON
Fannie :sae asks for 31.5B in aid after loss
Covernmentcontmlledmortgage company Fannie Mae
is asking for $1.5 billion in additional taxpayer aid after
posting a smaller loss in the second quarter.
Fannie Mae said Thursday that it lost $3.13 billion, or
55 cents per share, in the April -to -June period. The results
were the best since the company was put under federal
control in September 2008.
That takes into a —It $1.9 billion in dividends paid to
the Treasury Department. It compares with loss of $152
billion, or $2.67 a share, in the quarter a year ago.
"Across our industry; we are seeing a mote realistic
approach to housing and lending that bodes well for the
future," Mike Williams, the company's chief executive,
said in a statement.
TRAVERSE CITY, MICH.
GM CEO expects good demand for shares
Demand for General Motors Co. stock should be good
when the company decides to offer its shamto the public,
CEO Ed Whitacre said Thursday
The company, he said, is moving as fast As it can to offer
shares for sale, but Whitacre would not comment on the
timing other than to say as soon as possible
Some experts had expected GM to sell only a partial
stake to the public trumilly, but Whitacre on Thursday said
"our anticipation is we'd roll it out there all at once"
GM spokesmenlater said the decisiononboth when and
how muchequity to sell will be=its by currentstor:khold-
am, the U.S. and Canadian governments, a United Auto
Workers health care trust and former bondholders
The U.S. government got 61 pertxxtt of GM in exchange
for giving the company about $50 billion in aid as it went
through bankruptcy protection last year. GM has repaid
$6.7 billion of the money, and the balance was converted
to the ownership stake in the automaker.
FYon whe reports
TREASURE COAST STOCK SPOTLIGHT
cwo,xn
'CPALM,COFO Track any stock, create your custom palfda.
Piper's ex -PR firm sues company
Carlisle Group accuse
of damaging its reputa
of breach of contract
BY ED BIERSCHENK
ed.biererhenkC scrippsmm
VERO BEACH — A for-
mer spokesman for Piper
Aircraft has filed a breach
of contract lawsuit against
the company
The Carlisle Group Inc.,
which used to handle pub
lic relations and marketing
services for Piper Aircraft
Inc., filed the suit this
week
The Carlisle Group is
seeking more than $140,000
in damages from Piper,
according to Mark Miller,
president and chief execu.
five officer of the New
York -based firm. Miller
for about a decade acted as
spokesman for Piper
In addition, the suit
clauns Miller and his com-
pany's reputation were
damaged because the air-
craft manufacturer misrep.
resented information that
Miller was told to give to
the media.
OVER
agreed -to monthly fee due
s aircraft maker to the financial diffirolties
tion and Piperw'asagauntorperien`-
ing" and was forced to do
the worts in-hchume
In addition, the suit
claims Miller was "misled
Steve Johnston, Piper's on both a personal and
vice president of human professional level because
resources, said Thursday of multiple misrepresen-
afternoon the company rations Piper made and
had not been served with directed Carlisle to tell the
the lawsuit But company news and aviation media in
officials have been teview-
ing the allegations that ^—L_r� .**
Fla
repotted m t Osbo rY
media. o
'Those reported allega-
tions are false and rota- -
pletely without merit. If
they are, in fact, part of a Srdts
legal action against Piper, F
we will vigorously contest
those allegations," John -
stun said. Telephone 772-
The suit states Miller Facsimile 772-4
was informed on June 7
that Pi-- was tetTainat-
Pe
ing its annual contract
with the company which
was scheduled to run
until the end of the year
According to the suit,
the only reason given for
the termination was that
"Piper could no longer
afford to pay Carlisle's
Shoppers get cautious
The Associated Press
their spending, restrain-
Withthe economy only ingtheecmnomdcrebound.
limping along, Ameri- they said
cans are once again being But withoutmorespend-
choosy at stores, many of irlg, companies will likely.
them buying only at deep be slow to hire
discounts because they "To break out of this.
ren't shake uncertainty we need both employment
about theirjobs and consumption to come
Retailers around the up together," said Nigel
country posted a sales Gault, aneconomistatIRS
increase of just 2.8 per- Global Insight
cent for July over a year On Friday, the govern -
earlier —and at that time, ment will release its snap
the economylodkedmuch shot of the nation's job
bleaker Olen it does today marketfor Julyaodnoone
TheJulyfigure, released expects anything strong.
Thursday by the Interna-
tional Council of Shop- Homem e
results
Centers based s, PIROCs1ES
results from 31 chains, Pelee � 0— P—
was the fourth straightoPFN y�A coin
month of weak retail n,.. ism vAm-1vm
numbers aZ;
For the most part,-K.I«h" star. P.rrri..
economists were In, hmmaA Oirer. Aline, tea,
disappointed. lushe"/0a.Oas.
Without more jobs,
Americans are likely to laox ems-
remain cautious with F>i m c n u>re2
n2-s9s1o21is
Family Law
Linda L. Weiksnar
Board Ca56ed civil Tits Lawyer
• Divorce •Child supporwatemily
• Modifications • Pre-Nupllal Agreemenn
CRARP-BUCHA1ti�'11\
Aoorerys s 1w ♦ Enochsired 1927
v..av,eiwrmea� ♦ START- W.AM
its capacity as Piper's pub-
lic
relations agency"
Miller said he did not
know at the time some of
the information he passed
on to the media contained
what he now says are
misrepresentations.
The suit contends Piper
breached the contract with
Carlisle by terminating it
without cause prior to the
end of the year:
I[er 0tQuinn
35 YEARS EXPERIENCE
Divorce - Family law
Cn "al Ddfesae - DUI
�01 - 200 S. bell.. Rh— Dr.
..
art Flacks, FL 3/9503332
wbor o.oqumrweh.ner
465-7411 M
65-7413 ar3MaR
r. LUCIE COUNTY BOARD a
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
August 17, 2010
NOTICE OF PROPOSED TEXT AMENDMENT TO
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
The St. Lucie County Board of County
Commissioners proposes to consider the
adoption of the following by Ordinance:
ORDINANCE NO. 10-026
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERSOFST.LUCIE000NTY,FLORIDA,
TO APPROVE AMENDING THETEXT OFTHE LAND
DEVELOPMENT CODE TO INCLUDE KENNELS
AS A PERMITTED USE IN THE INDUSTRIAL LIGHT
(IL) ZONING DISTRICT; PROVIDING FINDINGS;
PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING
WITH THE FLORIDA DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR ADOPTION.
DATE AND TIME: Tuesday, August 17, 2010 at 6:00
P.M.
PLACE: County Commission Chambers, St. Lucie
County Administration Building, Roger Poitras Annex,
2300 Virginia Avenue, Fort Pierce, Florida
APPLICANT: Board of County Commissioners, St.
Luce County
PURPOSE: Update to the Land Development Code
to include animal kennels as a permitted use in the
Industrial Light (IL) zoning disMd.
FILE NUMBER: TLDC 620104071
This is the first of two public hearings before the Board
of County Commissioners on this item, which will be
held in the Commission Chambers, Roger Potras
Annex, 3rd Floor, St. Lucie County Administration
Building, 2300 Virginia Avenue, Fort Pierce, Florida
on Tuesday, August 171h, beginning at 6:00 P.M.
or as soon thereafter as possible. Acton can be
taken during the second meeting, or the item can be
continued to a future date and time.
All interested persons will be given an opportunity
to be heard. Written comments received in advance
of the public hearing will also be considered. Written
comments to the Board of County Commissioners
should be received by the Planning and Development
Services Department - Planning Division at least 3
days prior to the scheduled hearing. The petition file is
available for review at the Planning and Development
Services Department offices located at 2300 Virginia
Avenue, 2nd Floor, Fort Pierce, Florida. Please call
7727462-2822 if you have any questions or require
additional information.
The St. Lucie County Board of County Commissioners
has the power to review and grant any applications
wfdlin their area of responsibility.
The proceedi ngsofthe Board of CountyCommissioners
are electronically recorded. PURSUANT TO Section
286.0105. Florida Statutes. if a person decides to
appeal any decision made by the St. Lucie County
Board of County Commissioners with respect to any
matter considered at a meeting or hearing, he or
she will need a record of the proceedings. For such
purpose, he or she may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which
the appeal is to be based. Upon the request of any
party to the proceeding, individuals testifying during a
hearing will be sworn in. Any party to the proceeding
will be granted an opportunity to cross-examine any
individual testifying during a hearing upon request.
If it becomes necessary, a public hearing may be
continued to a date certain.
Anyone with a disability requiring accommodation
to attend this meeting should contact the St. Lucie
County Community Risk Manager at least fortyeight
(48) hours prior to the meeting at (772)462-1546
or T.D.O. 7727462-1428. Any questions about this
agenda may be referred to St. Lucie County Planning
Division at (772)462-2822.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/S/ CHARLES GRANDE, CHAIRMAN
PUBLISH DATE: August 6, 2010
Britton Wilson
From: Frank Andrews [fandrews@hsslc.org]
Sent: Thursday, January 08, 2004 10:52 PM
To: Britton Wilson
Subject: kennels
Dear Ms. Wilson:
Further to our discussion yesterday I thought I would reiterate some of the things we discussed re kennels.
1. Air conditioning as such is nice but does have some drawbacks because it accelerates air flow which in
turn can cause such things as kennel cough and distemper to become a problem. Natural ventilation and
adequate shade works well in many situations.
2. Noise can become an issue where dogs are not housed indoors at night.
3. Waste disposal and cleaning chemicals including water run-off can be a contaminant to nearby wells.
4. Breeders and puppy mills are a concern to many animal lovers.
It might be better to review each kennel application as a conditional use on a case by case
basis thereby insuring that the use is acceptable; the numbers and types of animals complies with
the available area appropriately.
Frank Andrews
AGENDA REQUEST
ITEM NO. I11-13
DATE: 7/15/10
REGULAR
PUBLIC HEARING (X )
LEG. (X )
QUASI -JD ( )
CONSENT ( )
TO: Planning and Zoning Commission PRESENTED BY:
Britton Wilson
SUBMITTED BY: Planning and Development Services Senior Planner
Department /4r
SUBJECT: Text amendment to the Land Development Code (LDC) to include enclosed
kennels as a permitted use in IL zoning district.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: NA
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Recommend adoption of the text amendment to the LDC to include enclosed
kennels as a permitted use in the IL zoning district (Ordinance No. 10-026).
Coordination/Sionatures
County Attorney ( X) County Surveyor ( )
Daniel S. McIntyre Ron Harris
County Engineer ( ) ERD ( X )
Michael Powley Karen Smith
OriginatingA
Dept. (X )
Mark Satterlee
Growth Management Department
MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Mark Satterlee, AICP, Planning & Development Services Director,,%_
FROM: Britton Wilson, Senior Planner, Planning Divis W
DATE: July 15, 2010 /
SUBJECT: Text amendment to the Land Development Code (LDC) to include enclosed
kennels as a permitted use in the IL zoning district.
ITEM NO.: III-B
Background:
During the public comment portion of the June 15, 2010 Board of County Commission hearing, the
Board directed staff to amend the text of the LDC to include kennels as a permitted use in the IL
(Industrial, Light) zoning district and to schedule the amendment for the next Planning and Zoning
Commission hearing. The direction was initiated when a member of the public expressed a desire
to open an animal rescue operation in an existing building in the IL zoning district where it is
currently not a permitted use. An animal rescue operation falls under the general use category of
kennels in the LDC.
The LDC allows kennels as a permitted use in the AG-1 (Agricultural — 1 dwelling unit/acre), AG-
2.5 (Agricultural — 1 dwelling unit / 2.5 acres) and AG-5 (Agricultural — 1 dwelling unit / 5 acres)
zoning districts. The AR-1 (Agricultural, Residential — 1 dwelling unit/acre) zoning district permits it
only as a Conditional Use (CU) and the kennels must be enclosed. The use is required to follow
the lot size and dimensional requirements of the zoning district that it is located in as identified in
table one in Section 7.04.00.
The LDC lists kennels under the Standard Industrial Code (SIC) of 0752 which also includes the
following additional uses:
• Animal shelters
• Artificial insemination services: animal specialties
• Boarding horses
• Boarding kennels
• Breeding of animals, other than cattle hogs, sheep, goats, and poultry
• Dog grooming
• Dog pounds
• Honey straining on the farm
• Pedigree record services for pets and other animal specialties
• Showing of pets and other animal specialties
• Training horses, except racing
File No.: TLDC 620104071
July 6, 2010
Page 2
■ Training of pets and other animal specialties
• Vaccinating pets and other animal specialties, except by veterinarians
When researching neighboring jurisdictions in a zoning district comparable to the Industrial Light
zoning district, staff found that the majority allowed kennels as a permitted use (see table below)
and only one provided supplemental standards for this use in the Industrial Light zoning district.
The City of Vero Beach allows kennels as a permitted use in the Industrial Light zoning district with
the following supplemental standards: "Boarding of domestic dogs and cats provided such activity
is located no closer than 1,000 feet from a residential district; or where the animal refuge will be in
a fully enclosed soundproofed building and any animal run is fully screened to a height of 6 feet
and set back from all property lines by at least 25 feet and the outdoor run is only utilized during
the hours between 8:00 a.m. and 6:00 p.m. All animals shall be housed within the required
soundproof structure between the hours of 6:00 p.m. and 8:00 a.m."
Kennels as permitted in the IL (or equivalent) zoning district:
Jurisdiction
Not permitted
Permitted
Conditional
Port St. Lucie
X
Fort Pierce
X
Indian River County
X
Vero Beach
X
Brevard County
X
Sebastian
X
Martin County
X
[Jupiter
X
Orange County
X
Since most of the land currently zoned IL in the County is within the annexation area of the City of
Ft. Pierce, staff looked closely at how that jurisdiction treats the proposed amendment. The City
will permit kennels as a conditional use only in the Commercial General zoning district and does
not allow kennels in Industrial Light. Since the 1950's, the St. Lucie County Humane Society has
been located in the City of Ft. Pierce in a complex currently zoned Industrial Light. The Humane
Society has operational contracts with the County and both municipalities. The Humane Society
has therefore been grandfathered in and is considered a legal nonconforming use. If the Humane
Society should cease to operate for longer than twelve months it would lose its legal
nonconforming use status.
Staff has received a comment from a citizen expressing their concern for allowing kennels as a
permitted use in the Industrial Light zoning district (see attached email). It is suggested that the
potential noise associated with housing a large number of dogs may not be compatible with many
uses currently permitted in the Industrial Light zoning district and has requested that the permitting
of kennels go through the conditional use process. Provisions for conditional uses are identified in
Section 11.07.00 in the LDC. The general purpose of a conditional use is to allow for the individual
review of the particular location, design, intensity, configuration, and public facility impact in order
to determine the appropriateness of the use on any particular site in the zoning district and their
compatibility with adjacent uses. Additional conditions may be placed on a conditional use permit
to make the uses compatible in their specific contexts.
Currently within the County there are properties (developed and vacant) zoned IL that are not
serviced by water and sewer. When locating a kennel on property that is not served by water and
sewer, the St. Lucie County Health Department requires a separate septic system that is
File No.: TLDC 620104071
July 6, 2010
Page 3
specifically designed to process the proteins present in animal waste. If the kennel operators
choose not to install a separate septic system, the solid waste must be bagged and placed in the
garbage for transport to the land fill.
The Environmental Resources Department has reviewed the proposed amendments and has the
following comments: Staff recommends the incorporation of supplemental landscape buffer
standards for kennels. Specifically, staff recommends a minimum 15 foot landscape buffer on all
side and rear perimeters, with an eight (8) foot opaque wall or fence planted with a four (4) foot tall
continuous hedge and one (1) tree per thirty (30) linear feet. All landscaping shall be planted on
the outside of the wall or fence. Front perimeter landscaping shall comply with Land Development
Code 7.09.04(A).
Staff is recommending approval of the proposed amendment because with adequate buffering and
noise control it may be consistent with the use types and intensities found in IL zoning. Additional
consideration may be given as to whether the use should have supplemental standards applied or
be processed as a conditional use.
Recommendation
Recommend adoption of the text amendment to the LDC to include enclosed kennels as a
permitted use in the IL zoning district (Ordinance No. 10-026).
Environmental Resources
Department
Final Report
TO: Britton Wilson, Planning & Development Services Department
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Jennifer Evans, Senior Environmental Planner
DATE: July 1, 2010
SUBJECT: Animal Kennel LDC Text Amendment
Background
The Environmental Resources Department (ERD) received the Planning and Development
Services' Ordinance No. 10-026 for a text amendment to the Land Development Code on June
23, 2010. The amendment proposes to allow kennels as a permitted use within the Industrial Light
(IL) zoning district.
Findings
Staff recommends the incorporation of supplemental landscape buffer standards for kennels.
Specifically, staff recommends a minimum 15 foot landscape buffer on all side and rear
perimeters, with an eight (8) foot opaque wall or fence planted with a four (4) foot tall continuous
hedge and one (1) tree per thirty (30) linear feet. All landscaping shall be planted on the outside
of the wall or fence. Front perimeter landscaping shall comply with Land Development Code
7.09.04(A).
Recommendation
ERD supports the Planning and Development recommendation of approval with incorporation of
supplemental standards as detailed above.
Please contact Jennifer Evans at 772-462-3862 if you have any questions.
CADocuments and Settings\WilsonMLocal Settings\Temporary Internet Files\Content.Outlook\9004DPJMAnimal Kennel LDC Text
Amendment 6_30_10.docx
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ORDINANCE NO.10-026
Text Amendment to the Land Development Code
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE TO INCLUDE KENNELS (SIC 0752) AS A PERMITTED
USE IN THE INDUSTRIAL LIGHT ZONING DISTRICT; PROVIDING FINDINGS;
PROVIDING FOR CONFLICTING PROVISIONS -`"PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY, VIDING FOR FILING
WITH THE FLORIDA DEPARTMENT OF STA-t,-- 0 (DING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR ADOP 11(N.
WHEREAS, the Board of County Commissioners haS made the following determinations:
1. This Board is authorized by Section 125.01(l)(h), Florida Statutes to establish,
coordinate and enforce zoning and such business regulations as are necessary for the
protection of the public; and,
2. This Board is authorized by Section.125.01(1)(t) to adopt ordinances and resolutions
necessary for the exercise of its; powers and to prescribe fines and penalties for the
violations of ordinances in accordance with law.
3. On August 1, 1990 the 'Board of County 6rn1m' 1ss 6-gers of St. Lucie County Florida
adopted the St. Ujo a County Land Deveftment Code.
4. The Board of County Commissioners has adopted certain amendments to the St.
Lucie County tand Development Code, through the following Ordinances:
,.
91-0& - Marc j 4, -1991 91-09 - May 14, 1991
9141, - Nover 6r7, 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
$3-07 -
May 1993
94-07 -
June 22, 1994
94=18 -
Augu` 1, 6, 1994
94-21 -
August 16, 1994
95-01 ` -
January�70, 1995
96-10 -
August 6, 1996
97-01
March 4, 1997
97-09 -
October 7, 1997
97-03 -
Selj#ember 2, 1997
99-01 -
February 2, 1999
99-02 -
�"6, 1999
99-03 -
August 17, 1999
99-04 -
`August 17, 1999
99-05 -
July 20, 1999
99-15 -
July 20, 1999
99-16 -
July 02, 1999
99-17 -
September 7, 1999
99-18 -
November 2, 1999
00-10 -
June 13, 2000
00-11 -
June 13, 2000
00-12 -
June 13, 2000
00-13 -
June 13, 2000
01-03 -
December 18, 2001
02-05 -
June 24, 2002
02-09 -
March 5, 2002
02-20 -
October 15, 2002
02-29 -
October 15, 2002
03-05 -
October 7, 2003
04-02 -
January 20, 2004
04-07 -
April 20, 2004
04-33 -
December 7, 2005
05-01 -
March 15, 2005
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August 2, 2005
05-04 -
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05-07-
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August 16, 2005
05-23 -
September 20, 2005
06-05 -
April 18, 2006
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06-22 -
July 18, 2006
06-30 -
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06-47 -
December 5, 2006
07-11 -
February 6, 2007
07-15 -
May 1, 2007
07-17 —
June 5, 2007
07-32 -
November 6, 2007
08-04 -
March 11, 2008
08-08- June 17, 2008
4y "
5. On July 15, 2010, the Planning and Zoning Commission field a public hearing on the
proposed ordinance after publishing notice in the St:.Luoie4'News Tribune at least 10
days prior to the hearing and recommended that the proposed vdinance be approved.
6. On , 2010, this Board held its first public hearing on the pry posed ordinance,
after publishing a notice of such hearing in the St. Lucie News Tribune on ,
2010.
7. On 2010, this Board held its'second ,public hearing on the proposed
ordinance, after publishing a notice of such heahrigl in the St. Lucie News Tribune on
, 2010.
8. The proposed amendment to the St. ; Lucie County ,.Land Development Code is
consistent with the general purpose,, goals, objectives and standards of the St. Lucie
County Comprehensive Plan and are in the 'besi interest of the health, safety and
public welfare of the citizens of St. Lucie County, Florida.`
NOW, THEREFORE, BE IT ORDAINED by the' Board of County Commissioners of St. Lucie
County, Florida:
A. ThSAUfiULc amen dment`to theSt. Lucie County Land Development Code to read
azd�Munderllllne format:
1.03. Zoning ricts
T. IL /I D /AL, LIGHT.
2. P*ed Uses:
-. Kannale —
L-1
Special acts of the ida 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.
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 provisions thereof shall be held to be inapplicable to any person,
Ordinance No. 10-026
File No.: TLDC 620104071
Page 2
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property, or circumstances, such holding shall not affect its applicability to any other person,
property or circumstance.
D. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
E. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy, of this Ordinance to the
Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
F. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Department of State.
G. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Charles Grande, Chairman XXX
Doug Coward, Vice -Chair XXX'
Chris Dzadovsky, Commissioner XXX
Chris Craft,' Commissioner XXX
Paula Lewis, Commissioner XXX
PASSED AND DULY ADOPTED this day, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
iv
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Ordinance No. 10-026
File No.: TLDC 620104071
Page 3
11.07.00. CONDITIONAL USES
11.07.01. General Provisions.
A. Purpose. The purpose of this section is to provide for uses that are generally compatible
with the use characteristics of a zoning district, but which require individual review of their
location, design, intensity, configuration, and public facility impact in order to determine the
appropriateness of the use on any particular site in the district and their compatibility with
adjacent uses. Conditional uses may require the imposition of additional conditions to make the
uses compatible in their specific contexts.
B. Authority. The Board of County Commissioners may, in accordance with the procedures,
standards, and limitations of this Code, grant conditional use permits for those uses enumerated
in each of the zoning districts in Section 3.01.00 of this Code.
C. Requirement for Four -Fifths Vote When Protest is Filed. In the case of a written protest
against an application for a Conditional Use Permit, signed by the owners of fifty percent (50%)
or more of the area within five hundred (500) feet of the property affected by the proposed
action, such Conditional Use Permit shall not be approved except by the favorable vote of four -
fifths (4/5) of all of the Board of County Commissioners. Publicly owned right-of-way, although
included in calculating the distance of five hundred (500) feet referred to in the previous
sentence, shall not be included in determining the total of the area lying within five hundred
(500) feet of the property involved in such proposed permit application and the percentages
referred to.
11.07.02. Persons Entitled to Initiate Applications.
An application for a conditional use may only be submitted by the owner or any other person
having a contractual interest in the parcel of land proposed for conditional use.
11.07.03. Standards for Review of Conditional Use Permits.
A conditional use permit shall be granted only if the applicant demonstrates the following:
A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in
compliance with all requirements, and is consistent with the general purpose, goals, objectives,
and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of
Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it
by the particular provisions of this Code authorizing such use.
B. Effect on Adjacent Properties.
1. The proposed conditional use will not have an undue adverse effect upon nearby property.
2. The proposed conditional use is compatible with the existing or planned character of the
neighborhood in which it would be located.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed
conditional use on the immediate vicinity through building design, site design, landscaping, and
screening.
4. The proposed conditional use will be constructed, arranged, and operated so as not to
interfere with the development and use of neighboring property, in accordance with applicable
district regulations.
C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate
public facilities and services, including roads, police protection, fire protection, solid waste
disposal, water, sewer, drainage structures, parks and mass transit.
D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained
from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has
otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities,
and emergency access are satisfactory to provide adequate fire protection.
E. Environmental Impact. For developments required to provide an environmental impact
report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any
applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural
Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth
Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982).
11.07.04. Conditions on Conditional Use Permits.
The Board of County Commissioners shall attach such conditions, limitations, and requirements
to a conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to
carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and
to prevent or minimize adverse effects upon other property in the neighborhood, including but
not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the
provision of adequate ingress and egress, duration of the permit, and hours of operation. Such
conditions shall be set forth expressly in the resolution granting the conditional use permit.
A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed
conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that
there is a need to install traffic control devices (including traffic signals, signing, and pavement
markings), the conditional use permit shall not be granted except upon the condition that the
applicant be responsible for installing all said devices and signs, or making an equitable
contribution toward such installation.
B. Access Improvements. A conditional use permit shall not be granted except upon the
condition that the applicant provide the access (ingress and egress) improvements determined to
be necessary as a result of traffic generated by the development.
C. Projects Requiring Other Regulatory Approval.
1. For proposed conditional uses requiring any permit from the United States Army Corps of
Engineers, the Florida Department of Environmental Regulation, the Florida Department of
Natural Resources, or any other state or federal regulatory authority, the Board of County
Commissioners shall not grant unconditionally a conditional use permit until it has received from
such agency notice of either issuance of or intent to issue the required regulatory permit.
2. The Board of County Commissioners may grant a conditional use permit contingent upon
receiving notice of either issuance of or intent to issue any required regulatory permit if it can
make, on a tentative basis and subject to confirmation, the findings required in Section
11.07.03(E). A conditional use permit granted contingent upon receiving notice of either
issuance of or intent to issue any required regulatory permit shall not preclude the Board of
County Commissioners, after reviewing the regulatory permit application and other information,
from revoking such contingent grant of a conditional use permit based solely upon an inability to
confirm the findings required in Section 11.07.03(E) or from protesting the regulatory permit
application.
D. Reduction In Maximum Residential Density. The Board of County Commissioners shall
require a reduction from the maximum residential density permitted in the zoning district in
which a conditional use is to be located when such allowable maximum residential density:
1. Would impose an excessive burden, as determined by recognized engineering or other
professional standards, on public facilities that would serve the proposed conditional use; or
2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or
of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study
Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982).
11.07.05. Application Procedures.
A. Pre Application Conference. An application for conditional use is initiated by requesting in
writing a pre -application conference with the Growth Management Director. The request shall
include a description of the character, location and magnitude of the proposed conditional use,
together with a proposed timetable for development. The purpose of this meeting is to acquaint
the applicant with the requirements of this Code and the views and concerns of the County when
positions are flexible. Within twenty (20) days of the request, the Growth Management Director
shall schedule a pre -application conference with the applicant and other relevant County
departments.
B. Filing Application for Conditional Use Permit.
1. Filing. After the pre -application conference, an applicant for a conditional use permit shall
submit an application to the Growth Management Director accompanied by a non-refundable fee
as established from time to time by the Board of County Commissioners to defray the actual cost
of processing the application. If, in accordance with Section 3.01.00, the specific conditional use
applied for requires site plan approval, the applicant shall submit a site plan meeting the
requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the
specific conditional use applied for does not require site plan approval, the applicant shall submit
a written statement of proposed use including, but not limited to, the nature of the use and the
proposed improvements to the site. Conditional use applications shall include a site plan if the
proposed use would be located in whole or in part in a one hundred (100) year floodplain or on
North or South Hutchinson Island. Applications for conditional use approval shall include such
other information or documentation as the Director deems necessary for the full and proper
consideration and disposition of the application.
2. Review by Growth Management Director.
a. Within twenty (20) days after an application for conditional use approval is submitted, the
Growth Management Director shall determine whether the application is complete. If the
Director determines that the application is not complete, he shall send a written statement
specifying the deficiencies to the applicant by mail. The Director shall take no further action on
the application unless the deficiencies are remedied.
b. Within thirty (30) days after the Growth Management Director determines that an application
for conditional use permit is complete, the Director shall review the application, make a report,
and notify the Planning and Zoning Commission that the application is ready to review.
C. Hearing and Action by Planning and Zoning Commission.
1. Hearing. Upon notification that the application for a conditional use permit is ready for
review, the Planning and Zoning Commission shall place it on the next regularly scheduled
agenda for public hearing in accordance with the provisions of Section 11.00.03. The public
hearing held on the application for conditional use shall be in accordance with Section 11.00.04.
2. Review. In reviewing the conditional use application, the Planning and Zoning Commission
shall consider the report of the Growth Management Director; shall determine whether the
proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional
uses; and shall determine whether the proposed use meets all other provisions of this Code, the
St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The
Planning and Zoning Commission may recommend certain conditions be met before approval of
the application.
3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to
exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to
approve, approve with conditions, or deny the application.
D. Hearing and Action by Board of County Commissioners.
1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission,
the Board of County Commissioners shall place the conditional use application on the next
regularly scheduled agenda for a public hearing in accordance with the requirements of Section
11.00.03. The public hearing on the application shall be held in accordance with Section
11.00.04.
2. Review. In reviewing the application, the Board of County Commissioners shall consider the
report of the Growth Management Director and the recommendation of the Planning and Zoning
Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03,
11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets
all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other
applicable County Ordinance. The Board may require certain conditions be met before approval
of the application.
3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty
(30) days, the Board of County Commissioners shall approve, approve with conditions, or deny
the application for conditional use permit in accordance with Section 11.00.04(E). The decision
on the application shall be by resolution setting forth the findings of the Board of County
Commissioners and any condition, limitation, or requirement of such decision.
4. Notice of Action. Notification of the Board of County Commissioners' decision shall be
mailed to all parties; and the decision shall be filed with the Office of the Growth Management
Director in accordance with Section 11.00.04(F).
E. Development and Adjustment of an Approved or Existing Conditional Use.
1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall
only constitute approval of the proposed use, and development of the use shall not be carried out
until the applicant has secured all other permits and approvals required.
2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use
may be permitted as follows:
a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to
a conditional use. Such minor adjustments shall be consistent with the intent and purpose of the
St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing,
and shall be the minimum necessary. Such minor adjustments shall be limited to the following:
1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%); or,
2 altering the location of any one (1) structure or group of structures by not more than ten (10)
feet; or,
3. altering the location of any circulation element by not more than ten (10) feet; or,
4. altering the location of any open space by not more than ten (10) feet; or,
5. reducing the total amount of open space by not more than five percent (5%) or reducing the
yard area or open space associated with any single structure by not more than five percent (5%);
or,
6. altering the location, type, or quality of landscaping elements; or,
7. change in project name or ownership of the property.
Notice of the authorization of such minor adjustments shall be provided to the Board of County
Commissioners.
b. Major Adjustments in Substantial Conformity.
1. Any other adjustment to a conditional use shall be a major adjustment and shall be granted
only upon application to and approval by the Board of County Commissioners, which shall grant
approval for such other adjustment after a public hearing upon finding that any proposed change
in the conditional use as approved or existing will be in substantial conformity with the original
approval or the existing conditional use. The Board of County Commissioners shall place the
application for major adjustment on the agenda of a regularly scheduled meeting for a public
hearing in accordance with the requirements of Section 11.00.03. The public hearing on the
application shall be held in accordance with Section 11.00.04.
2. If the Board of County Commissioners determines that the major adjustment is not in
substantial conformity with the original approval or the existing conditional use, then it shall
deny the application for adjustment. Such denial shall not preclude development of an approved
conditional use.
3. Inspections During Development of an Approved Conditional Use
a. Inspections by Growth Management Director. Following approval of a conditional use, the
Growth Management Director shall, at least annually until the completion of development,
review all permits issued and construction undertaken and compare actual development with the
approved conditional use and with the approved development schedule, if applicable.
b. Action by Growth Management Director. If the Growth Management Director finds that
development is not proceeding in accordance with the approved schedule, or that it fails in any
other respect to comply with the approved conditional use, he shall notify the Board of County
Commissioners of such fact and may, if he finds it necessary for the protection of the public
health, safety, or welfare, take such necessary action to stop such non-compliance.
c. Action by Board of County Commissioners. Within thirty (30) days following notification by
the Growth Management Director, the Board of County Commissioners shall determine whether
development of the conditional use is proceeding in accordance with the approved conditional
use. If the Board of County Commissioners finds the development is not proceeding in
accordance with the approved conditional use, it shall either revoke the permit or take the
necessary action to compel compliance with the approved conditional use.
4. Inspections After Development.
a. Inspection by Growth Management Director. Following completion of the development of a
conditional use, the Growth Management Director shall review the development as completed
and determine if it complies with the approved conditional use.
b. Action by Growth Management Director. If the Growth Management Director finds that the
development as completed fails in any respect to comply with the use as approved, he shall
immediately notify the Board of County Commissioners of such fact.
c. Action by Board of County Commissioners. Within thirty (30) days following notification by
the Growth Management Director, the Board of County Commissioners shall determine whether
the completed conditional use fails in any respect to follow the approved conditional use permit.
If the Board of County Commissioners finds the completed conditional use fails in any respect to
follow the approved conditional use, it shall either revoke the permit or take the necessary action
to compel compliance with the conditional use.
F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use
permit by Section 11.07.05(I) may be extended by the Board of County Commissioners not more
than one (1) time, and for not more than twenty-four (24) months, upon application by the
applicant and after a public hearing held in accordance with Section 11.00.04.
G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this
Code and that is permitted as a conditional use in a zoning district in Section 3.01.03 of this
Code shall not be deemed a nonconforming use in that district, but shall without further action be
considered a conforming use. A use existing prior to its present classification by this Code as a
conditional use may change in use or in lot area or may alter a structure only if the change or
alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03 for conditional
uses. Such change or alteration may be accomplished only pursuant to the standards and
procedures established for the adjustment of a conditional use as set forth in Section
11.07.05(E).
H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for
violation of this Code, it shall be a condition of every conditional use approval that such
approval may be revoked for:
(1) Violation of any condition imposed upon such approval, and
(2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be
revoked only after the Board of County Commissioners holds a public hearing in accordance
with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee
provides written consent to the revocation to the Growth Management Director, the Director
shall revoke the permit and notify the Board of County Commissioners of the revocation.
I. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the
purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12)
months from the date of approval. Unless a Building Permit or Certificate of Zoning Compliance
is secured within twelve (12) months, and construction subsequently undertaken pursuant to such
Building Permit, the conditional use permit shall automatically expire unless the permit is
extended upon application to the Board of County Commissioners in accordance with Section
11.00.04.
J. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to
authorize only the particular use for which it was issued and shall automatically expire and cease
to be of any force or effect if such use shall, for any reason, be discontinued for a period of
twelve (12) consecutive months.
3.01.03 T. IL INDUSTRIAL, LIGHT.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for light
manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration,
odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be
necessary to and compatible with light industrial surroundings. The number in "( )" following each
identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999
applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this
Code.
2. Permitted Uses:
a. Business services. (73)
b. Communications - including telecommunication towers - subject to the standards of Section
7.10.23. (48)
c. Construction services:
(1) Building construction - general contractors. (15)
(2) Other construction -general contractors. (16)
(3) Construction - special trade contractors. (17)
d. Engineering, architectural and surveying services. (871)
e. Commercial fishing. (091)
f. Laundry, cleaning and garment services. (721)
g. Local and suburban transit. (41)
h. Manufacturing:
(1) Food and kindred products. (20)
(2) Tobacco products. (21)
(3) Textile mill products. (22)
(4) Apparel and other finished products. (23)
(5) Furniture and fixtures. (25)
(6) Printing, publishing and allied industries. (27)
(7) Drugs. (283)
(8) Leather and leather products. (31)
(9) Glass:
(a) Flat glass. (321)
(b) Glass and glassware - pressed or blown. (322)
(c) Glass products - made of purchased glass. (323)
(10) Fabricated metal prod. -except machinery and transport. equip.:
(a) Metal cans and shipping containers. (341)
(b) Cutlery, handtools and general hardware. (342)
(c) Heating equipment, except electric and warm air, and plumbing fixtures. (343)
(d) Fabricated structural metal products. (344)
(e) Coating, engraving and allied services. (347)
(f) Miscellaneous fabricated metal products:
(1) Wire products. (3495)
(2) Misc. fabricated wire products. (3496)
(3) Metal foil and leaf. (3497)
(4) Fabricated metal products - NEC. (3499)
(11) Industrial/commercial machinery and computer equipment:
(a) Metalworking machinery and equipment. (354)
(b) Special industry machinery, except metalworking machinery. (355)
(c) General industrial machinery and equipment. (356)
(d) Computers and office equipment. (357)
(12) Electronic and other electrical equipment and components, except computer
equipment:
(a) Household appliances. (363)
(b) Electric lighting and wiring equipment. (364)
(c) Household audio and video equipment. (365)
(d) Communications equipment. (366)
(e) Electronic components and accessories. (367)
(f) Misc. electrical machinery equipment and supplies. (369)
(13) Measuring, analyzing and controlling instruments. (38)
(14) Photographic, medical and optical goods. (38)
(15) Watches and clocks. (38)
(16) Misc. manufacturing industries:
(a) Jewelry, silverware, and platedware. (391)
(b) Musical instruments and parts. (393)
(c) Dolls, toys, games and sporting goods. (394)
(d) Pens, pencils, and other office and artists' materials. (395)
(e) Costume jewelry, costume novelties, and notions. (396)
(f) Brooms and brushes. (3991)
(g) Signs and advertising displays. (3993)
(h) Morticians goods. (3995)
(i) Manufacturing industries, NEC. (3999)
(17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing.
(308)
i. Marinas. (4493)
j. Millwork and structural wood members. (243)
k. Motion pictures. (78)
1. Motor freight transportation and warehousing. (42)
m. Repair services:
(1) Automotive and automotive parking. (75)
(2) Electrical. (762)
(3) Watch, clock and jewelry repair. (763)
(4) Reupholstery and furniture repair. (764)
(5) Misc. repairs and services. (769)
n. Retail trade:
(1) Lumber and other building materials. (521)
(2) Paint, glass and wallpaper. (523)
(3) Hardware. (525)
(4) Nurseries, lawn and garden supplies. (526)
(5) Mobile home dealers. (527)
(6) Automotive/boat/RV/motorcycle dealers. (55)
(7) Gasoline service. (55)
(8) Furniture and furnishings. (57)
o. Research, development, and testing services. (873)
p. Ship, boat building and repairing - less than forty-five (45) ft. (373)
q. Sorting, grading and packaging services - citrus/vegetables. (0723)
r. Vocational Schools. (824)
s. Wholesale trade - durable goods:
(1) Motor vehicle and automotive equipment. (501)
(2) Furniture and home furnishings.(502)
(3) Lumber and other building materials. (503)
(4) Professional and commercial equipment/supplies. (504)
(5)
Metals and minerals except petroleum. (505)
(6)
Electrical goods. (506)
(7)
Hardware, plumbing and heating equipment, and supplies. (507)
(8)
Machinery, equipment, and supplies. (508)
(9)
Misc. durable goods:
(a)
Sporting and recreational goods. (5091)
(b)
Toys and hobby goods. (5092)
(c)
Jewelry, watches, precious stones and metals. (5094)
(d)
Durable goods NEC. (5099)
t. Wholesale trade
- nondurable goods:
(1)
Paper and paper products. (511)
(2)
Drugs. (512)
(3)
Dry goods and apparel. (513)
(4)
Groceries and related products. (514)
(5)
Farm products - raw materials. (515)
(6)
Chemicals, and allied products. (516)
(7)
Beer, wine, and distilled alcoholic beverages. (518)
(8)
Misc. nondurable goods:
(a)
Farm supplies. (5191)
(b)
Books, periodicals and newspapers. (5192)
(c)
Flowers, nursery stock and florists' supplies. (5193)
(d)
Tobacco/tobacco products. (5194)
(e)
Paints, varnishes and supplies. (5198)
(f)
Nondurable goods, NEC. (5199)
u. Mobile food vendors. (999)
v. Single family detached dwelling units provided that the single family dwelling unit is located on an
existing lot or parcel
or record, as further defined in this Code, that was existing on or before August 1,
1990. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00.
5. Offstreet Parking and Loading Requirements. Offstreet parking and loading requirements are subject
to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses:
a. Airports, landing and takeoff fields -general aviation. (4581)
b. Manufacturing:
(1) Cut stone and stone products. (328)
(2) Motorcycles, bicycles, and parts. (375)
(3) Wood containers, wood buildings and mobile homes. (244/245)
c. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one
hundred fifty (150) ft. (373)
d. Wholesale:
(1) Petroleum bulk stations and terminals.
e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A.
8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the
following:
a. Co -generation facilities. (999)
b. Fueling facilities. (999)
c. Industrial wastewater disposal. (999)
d. One detached single-family dwelling or mobile home for on -site security purposes per
property. (999)
e. Retail trade accessory to the primary manufacturing or wholesaling use. (999)
ST. LUCIE COUNTY PLANNING
AND ZONING COMMISSION
PUBLIC HEARING AGENDA
July 15, 2010
NOTICE OF THE PROPOSED TEXT AMENDMENT TO THE ST. LUCIE
COUNTY LAND DEVELOPMENT CODE
The St. Lucie County Planning and Zoning Commission is scheduled
to review and make recommendations regarding the following Item
petitioned by the County for adoption by the Board of County Commis-
sioners of St. Lucie County, Florida, by Ordinance.
DATE AND TIME: Thursday, July 15, 2010 at 6:00 P.M.
PLACE: County Commission Chambers, St. Lucie County Administration
Building, Roger Poitras Annex, 2300 Virginia Avenue, Fort Pierce,
Florida
APPLICANT: Board of County Commissioners, St. Lucie County
PURPOSE: St. Lucie County is undertaking an update to its Land
Development Code to include animal kennels, Standard Industrial
Classification (SIC) 0752, as a permitted use in the Industrial Light (IL)
zoning district.
ORDINANCE NO.10-026
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA TO APPROVE AMENDING THE TEXT OF
THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS (SIC 0752)
AS A PERMITTED USE IN THE INDUSTRIAL LIGHT ZONING DISTRICT;
PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
ADOPTION.
All interested parties will be given an opportunity to be heard. Written
comments received in advanceof the public hearing will also be considered.
Written comments concerning this petition should be received by the
Planning and Development Services Department, Planning Division, at least
three (3) days prior to the scheduled hearing. The petition file is available
for review at the Planning Division offices located at 2300 Virginia Avenue,
2nd floor, Fort Pierce, Florida, 34982, during regular business hours.
Please call 7721462-2822 or TOD 772/462-1428 if you have questions
or require additional information.
The St. Lucie County Planning and Zoning Commission has the power
to review and make recommendations of approval or denial to the
Board of County Commissioners within the jurisdictional boundaries of
unincorporated St. Lucie County.
The proceedings of the Planning and Zoning Board are electronically
recorded. PURSUANT TO Section 286.0106 Florida Statutes, if a
person decides to appeal a decision made by the Planning and Zoning
Commission with respect to any matter considered at a meeting or
hearing, he or she will need a record of the proceedings. For such
purpose, he or she may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. Upon the request of any party
to the proceeding, individuals testifying during a hearing will be sworn
in. Any party to the proceeding will be granted an opportunity to cross-
examine any individual testifying during a hearing upon request.
If it becomes necessary, a public hearing may be continued from time to
time as may be necessary to a date certain.
Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Risk
Manager at least forty-eight (48) hours prior to the meeting at
(772)462-1546 or T.D.D. 772/462-1428. Any questions about this
agenda may be referred to St. Lucie County Planning Division
at (772) 462-2822.
PLANNING AND ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
/S/ CRAIG MUNDT, CHAIRMAN
PUBLISH DATE: July 1, 2010
Britton Wilson
From:
James—Moses@doh.state.fl.us
Sent:
Thursday, June 24, 2010 4:51 PM
To:
Britton Wilson
Subject:
RE: Animal Kennel Ordinance
I was crafting a response and cut -and -pasted wrong.
If the premise is served by septic system they canes dispose of their animal waste by some other method like
scooping and bagging it like any other garbage.
James Moses, R.S.
Environmental Administrator
5150 NW Milner Drive
Port St Lucie FL 34983
772-873-4931
St Lucie County Health Department
Environmental Health: "Go to, can do. "
From: Britton Wilson [mailto:WilsonB@stlucieco.org]
Sent: Thursday, June 24, 2010 4:49 PM
To: Moses, James H
Subject: RE: Animal Kennel Ordinance
Hi James — I was to just make double sure on your point.
if they have septic?
Below you state :
Thanks! I appreciate your input!
From: Michelle Hylton
Sent: Thursday, June 24, 2010 4:24 PM
To: Britton Wilson
Subject: FW: Animal Kennel Ordinance
dfic/ieUe 04.q1ton
They cannot dispose of the waste with the regular trash
From: James—Moses@doh.state.fl.us [mailto:James—Moses@doh.st:ate.fl.us]
Sent: Thursday, June 24, 2010 4:21 PM
To: Michelle Hylton
Cc: David—Koerner@doh.state.fl.us
Subject: RE: Animal Kennel Ordinance
Couple things from a health department perspective:
• If the kennel is served by utilities there's no problem.
• If the premise is to be served by septic system, and the facility has runs that will be washed down a drain,it will
need a separate system to handle the animal waste (this is if because it has a different protein composition than
human waster) OR
If the premise is served by septic system they cannot dispose of their animal waste by some other method like
scooping and bagging it like any other garbage.
James Moses, R.S.
Environmental Administrator
5150 NW Milner Drive
Port St Lucie FL 34983
772-873-4931
St Lucie County Health Department
Environmental Health: "Go to, can do."
From: Michelle Hylton [mailto:HyltonM@stlucieco.org]
Sent: Wednesday, June 23, 2010 8:50 AM
To: Amy Griffin; Anita Neal; Beverlee Deans; Jocelyn Boyce; Brad Currie; Britton Wilson; Chris Murphy
(cmurphy@dvilsurv.com); Christine Moller; Christopher Lestrange; Corine Williams; Craig Hauschild; Koerner, David J;
Deanna Givens; Debra Brisson; Debra Spivey; DFoxx@slcfd.org; Diana Lewis; Diana Waite; dmellert@fpua.com; Don
West; dyazzie@city-ftpierce.com; frisciaeng@comcast.net; HoffmanG@stluciesheriff.com; Irvie Saunders; Moses, James
H; Janet Licausi; Janet Merkt; Ja'net Pentz; Jeffrey Johnson; Jennifer L. Evans; Jessica Parrish; Jim David; JoAnn Riley;
Jody Bonet; John Frank; Joyce Braun; jpgeller@ifas.ufl.edu; Kara Wood; Karen L Smith; Kathy Allen; Kristin Tetsworth;
Kristin.Fecko@aecom.com; Laurie Waldie; Linda Buchanan; Linda Pendarvis; Lydia Galbraith; marbore@coasl.com; Mark
DiMascio; Michael Brillhart; Michael Powley; Michael T. McCarty (michaelmccarty@hotmail.com); Mike Halter; Mirlande
Moise; mmargotta@city-ftpierce.com; MonahanM@sduciesheriff.com; Paul Williams (pwilliams@city-ftpierce.com); Paula
Bushby; Donald Pauley; Raymond Murankus; Robin Meyer; Ron Harris; sandersm@stlucie.k12.fl.us;
seb225jr@bellsouth.net; Todd Cox; tom.mcgowan@aecom.com; Valerie Schulte (vschulte@fpua.com); Veronica
Berrones; Yvette Alger
Subject: Animal Kennel Ordinance
Attached is a memo regarding the kennel text amendment to the LDC that will be discussed
at tomorrow's DRC meeting.
lff, dA oe IIA-f
Senior Staff Assistant
St. Lucie County BOCC
Planning and Development Services
2300 Virginia Avenue
Fort Pierce, FL 34982
Phone: 772-462-3056 fax: 772-462-1581
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and /
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
Snam
Not spam
Forget previous vote
Britton Wilson
From: Mark Satterlee
Sent: Wednesday, June 16, 2010 5:17 PM
To: Kara Wood; Britton Wilson
Subject: FW: Housing of dogs & cats in IL
Mark Satterlee, AICP, Director
Planning & Development Services
St Lucie County, Florida
772.462.2822
satterleemO)sducieco.org
From: Liz Martin
Sent: Wednesday, June 16, 2010 5:03 PM
To: Mark Satterlee
Subject: FW: Housing of dogs & cats in IL
From: bnjhearn@aol.com [mailto:bnjhearn@aol.com]
Sent: Wednesday, June 16, 2010 3:38 PM
To: SatterlM@stlucieco.org
Cc: Liz Martin
Subject: Housing of dogs & cats in IL
After hearing the presentation by Mr. Smyth at last night's BOCC meeting, asking the BOCC to
change our LDC to allow Kennels in the IL zoning district, I am asking you to recommend to the
BOCC that this be a Conditional Use in that district. There are many permitted uses existing today in
IL, in SLC, that would be severely impacted by the noise associated with the housing of large
numbers of dogs. Please remember that most of the uses in IL have offices associated with them and
need to not be subject to nearby barking dogs. Also many others, such as Research & Development
are permitted uses in IL and they may not be compatible with the requested use. Please visit our
Humane Society if you need to experience my concerns.
The need to provide housing for stray animals is noble, however, there is a right way and a wrong
way to make this happen.
Thank you for your consideration to my suggestion.
Bill Hearn
5051 Tozour Road
Fort Pierce, FL 34946
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and /
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please ratify the sender by reply e-mail and delete all materials from all computers.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and /
11►
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. V 1 <
DATE: August 17, 2010
REGULAR [XX]
PUBLIC HEARING []
CONSENT[]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Amended and Restated Interlocal Agreement between the County and the
City of Fort Pierce - Parks MSTU
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board approve the Amended and Restated
Interlocal Agreement and authorize the Chairman to sign the Agreement.
COMMISSION ACTION:
[ ] APPROVED [ 1 DENIED
OTHER:
Pulled
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and A royals
County Attorney: Management & Budget Purchasing:
Daniel S. McIntyre
Originating Dept. Public Works Din County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 10-0948
DATE: July 26, 2010
SUBJECT: Amended and Restated Interlocal Agreement between the County and the
City of Fort Pierce - Parks MSTU
BACKGROUND:
On November 5, 2002, the County's voters approved a referendum authorizing the County
to establish a Municipal Service Taxing Unit (MSTU) for parks that would levy an ad valorem tax
at a rate not to exceed 1/4 mill per annum for a term no longer than 20 years. On May 20, 2003,
the County approved an Interlocal Agreement with the City of Fort Pierce pertaining to the
allocation of proceeds from the MSTU between the County and the City. The City approved the
Interlocal Agreement on May 5, 2003.
Subsequently, the City requested that the County consider changes to the Interlocal
Agreement. The changes, as negotiated by County and City staffs, are set out in blackline form
in the attached Interlocal Agreement. A "clean" form of the Interlocal Agreement is also attached.
The Amended and Restated Interlocal Agreement provides that beginning on October 1, 2008 and
continuing through December 31, 2023, the County shall retain on an annual basis, 26.90% of the
debt service payments (Exhibit "B") and shall pay the City the remainder of the MSTU proceeds
collected in the City. The Agreement also provides for the City to take over maintenance
responsibility for Maravilla Park (on January 1, 2011) and Dreamland Park (on January 1, 2012).
The City approved the Interlocal Agreement on June 7, 2010 (copy of minutes attached).
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the Amended and Restated Interlocal
Agreement and authorize the Chairman to sign the Agreement.
Daniel S. McIn
County Attorn
DSM/caf
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
BETWEEN
CITY OF FORT PIERCE and
ST. LUCIE COUNTY
(PARKS MSTU)
THIS AMENDED AND RESTATED AGREEMENT (the "Agreement") is made and entered into
this day of , 2010, by and between the City of Fort Pierce, a Florida
municipal corporation (hereinafter the "City"), and St. Lucie County, a political subdivision of the State
of Florida (hereinafter the "County").
ARTICLE I. BACKGROUND AND OBJECTIVES
WHEREAS, the County is a political subdivision of the State of Florida and given those powers
and responsibilities enumerated in Chapter 125, Florida Statutes; and,
WHEREAS, the County and the City are empowered to enter into interlocal agreements pursuant
to Section 163.01, Florida Statutes; and,
WHEREAS, the County authorized a referendum on November 5, 2002 to allow County voters
to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit
("MSTU") for parks that would levy an ad valorem tax at a rate not to exceed 4 mill per annum for a
term of no longer than 20 years (hereinafter referred to as the "MSTU"); and,
WHEREAS, the referendum was approved by the County's voters on November 5, 2002; and,
WHEREAS, the County and the City entered into an Interlocal Agreement on May 20, 2003,
to allocate the proceeds of the MSTU to the County and the City which the parties now desire to amend
and restate.
NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein,
the parties agree as follows:
GENERAL
This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal
Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall
supersede all previous telecommunications, representations, or agreements, either verbal, or written,
between the parties hereto. The above recitals are true and correct.
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2. CONSENT TO INCLUSION OF CITY WITHIN MSTU
As a result of the MSTU by the voters on November 5, 2002, the City effective January 1,
2003, adopted Ordinance No. K-177 consenting to the inclusion of the boundaries of the City of Fort
Pierce within the boundaries of the Parks MSTU created by the County for a period of 20 years from
January 1, 2003.
3. COLLECTION OF TAXES WITHIN THE CITY.
The County shall allocate and pay to the City a portion of the taxes levied and collected
pursuant to the Parks MSTU in the amounts as determined by Paragraph 4 herein.
4. ALLOCATION OF MSTU PROCEEDS
The parties agree that from January 1, 2003 through September 30, 2008, all of the allocation
of the MSTU proceeds to the City will be retained by the County to make improvements to Lawnwood
Stadium Complex and Ilous-Ellis Memorial Park. A description of the improvements made is attached
as Exhibit "A". The City acknowledges that the County has issued a bank loan to advance the
construction of the improvements referenced above and further acknowledges that the County must
have sufficient funds to pay debt service on the bank loan before any MSTU proceeds are allocated to
the City. Beginning October 1, 2008 and continuing through December 31, 2023, the County shall retain
on an annual basis 26.90% of the debt service payments (Exhibit "B") and shall pay the City the
remainder of the MSTU proceeds collected in the City. The allocation of MSTU proceeds to the City
shall be based on the taxable value or property within the City as of August 1 of the year in which the
projects described in Exhibit "A" as completed and the taxable value of the entire County (incorporated
and unincorporated values) on that same August 1. The parties agree to adjust the allocation paid to
the City every three years beginning on August 1, 2005 and continuing on August 1, 2008, August 1, 2011,
August 1, 2014, August 1, 2017 and August 1, 2020. The County shall pay the City's allocation and net
of Property Appraiser's and Tax Collector's fees annually on June 1 of the year after the projects
described in Exhibit "A" are completed and continuing until the MSTU proceeds have been completely
allocated.
The City agrees to spend the MSTU proceeds received by the City only on park capital projects
based upon a five-year capital plan as approved by the City Council and updated annually. This plan is
subject to review by an independent Citizen Advisory Committee for their input. The City agrees not
to spend the MSTU proceeds on normal operating or maintenance needs or on capital projects that are
not directly related to parks.
5. INDEPENDENT AUDIT
An annual independent audit of the revenue receipts and expenditures shall be performed
annually. The County shall select and contract with the auditor. The cost of the audit shall be paid
from the total annual MSTU proceeds received from the Tax Collector.
5:\ATTY\AGREEMNT\INTERLOC\FP-parks M5TU '10 cleanmpd
TRANSFER OF NEIGHBORHOOD PARKS
In consideration of the agreement to reallocate the M5TU proceeds as set out in Paragraph 4
above, the City agrees to (a) take over maintenance responsibility for Maravilla Park on January 1, 2011;
and (b) take over maintenance responsibility for Dreamland Park on January 1, 2012. The City further
agrees to assume responsibility for complying with the terms of that certain grant between the County
and the State of Florida Department of Environmental Protection dated August 29, 2008, pertaining
to Dreamland Park. Subject to the budget constraints, the City agrees to consider taking over
maintenance responsibility for other neighborhood parks inside the City in the future.
7. TERM OF AGREEMENT
This Amended and Restated Agreement shall be effective beginning on the date the County and
the City approve this Agreement and shall continue unless terminated herein.
TERMINATION
This Agreement shall not terminate until the end of the term for the loan or the total amount
of the City's share of the debt has been satisfied; otherwise this Interlocal Agreement shall terminate
on December 31, 2023.
9. NOTICES
All notices required or permitted to be given under the terms and provisions of this Agreement
by either party to the other shall be in writing and shall be sent by registered or certified mail, return
receipt requested, to the parties as follows:
As to the COUNTY:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
As to the CITY:
Fort Pierce City Manager
100 North U.S. 1
Fort Pierce, Florida 34950
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
With a copy to:
Fort Pierce City Attorney
100 North U.S. 1
Fort Pierce, Florida 34950
or to such other address as may hereafter be provided by the parties in writing. Notices by registered
or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on
the return receipt.
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10. HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not constitute
a part of this Agreement and shall not off ect the meaning or interpretation of any provisions herein.
11. RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon any person other
than the parties hereto any rights or remedies under or by reason of this Agreement.
12. WAIVER
There shall be no waiver of any right related to this Agreement unless in writing signed by the
party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such
right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right
so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under
this Agreement.
13. INVALIDITY OF PROVISIONS
The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this
Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the
material purposes of this Agreement can be determined and effectuated.
14. WHOLE UNDERSTANDING
This Agreement embodies the whole understanding of the parties. There are no promises,
terms, conditions or obligations other than those contained herein; and this Agreement shall supersede
all previous communications, representations, or agreements, either verbal or written, between the
parties hereto.
15. AMENDMENTS
The Agreement may only be amended by a written document signed by all parties and filed with
the Clerk of the Circuit Court of St. Lucie County, Florida.
16. EFFECTIVENESS
This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida,
prior to its effectiveness.
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by
their duly authorized representative(s) on the latest day and year noted below.
ATTEST:
CITY OF FORT PIERCE, FLORIDA
BY:
Clerk Mayor
Date:
APPROVED AS TO FORM AND
CORRECTNESS
BY:
City Attorney
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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EXHIBIT "A"
Improvements Made by St. Lucie County
Lawnwood Recreation Complex Build -out
Lawnwood Football Stadium Renovations
Ilous Ellis Park:
- Pop Warner Storage Facility Bathrooms
- Rest rooms/Concess ion Stand
- Renovation of Ballfields
- Install Irrigation System
- Pool Replacement
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