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HomeMy WebLinkAboutMarch 1, 2011 , 'f ~ ~ qn,~~e '.~~~~a~, ~ F AGENDA REQUEST ITEM NO. VI-B~ _ ~ ~ ~ m. Date: March 1, 2011 . Regular [ ] _ _ _ _ _ Public Hearing [ ] Consent[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTE~ BY; SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Treasure Coast Research Park - Acceptance of Assignment of Sixty (60) Acres Sublease from University of Florida Board of Trustees to School Board of St. Lucie County and Acknowledgment of Right of First Lease BACKGROUND: See C.A. No. 11-147 FUNDS AVATL.(State type & No, of transaction or N/A): N/A RECOMMENDATTON: Staff recommends that the Board of County Commissioners approve the proposed Acceptance of Assignment and the proposed Acknowledgment of Right of First Lease, and authorize the Chairman to sign the documents. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: _~--~1~ ' ~ Approved 5-0 Faye W. Outlaw, M.P.A. County Administrator Coordinntion/Signatures County Attorney: Mgt. & Budget: Purchasing: Daniel 5. McIntyre Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable); ~ A ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 11-147 DATE: February 17, 2011 SUBJECT: Treasure Coast~ Research Park - Acceptance of Assignment of Sixty (60) Acr_e~5ulzLe~s~ f_~om U iv r~~~f-FL~id~_B_o~~d o~T~~s~ees to~chool _ Board of St. Lucie County and Acknowledgment of Right to First Lease BACKGROUND: On June 17, 2009, the School Board of St. Lucie County entered into a Sublease Agreement with the University of Florida Board of Trustees for property located north of Picos Road ad jacent to the Treasure Coast Research Park. ~'he Sublease is contingent upon the conveyance of fee simple title of approximately sixty (60) acres from the County to the School Board for the development of a K-20 school campus on or before October 15, 2010. Upon conveyance of the sixty (60) acres to the School Board, it will then assign its interest under the Sublease to the County. On October 5, 2010, the Board approved the form of a Subsublease Agreement which provides for the County to sublease that property to the Treasure Coast Education, Research and Development Authority for the Treasure Coast Research Park. Attached to this memorandum is a copy of a proposed Acceptance of Assignment with provides for the School Board to assign the sublease to the County and for the County to accept that assignment. The title for the sixty (60) acres is encumbered by the language in the 1994 sublease between the Board of Regents for the State of Florida and the United State of America for "the US Department of Agriculture facility located on Rock Road. That sublease includes a Right of First Lease for the USDA to lease an additional, unidentified sixty (60) acres east of the Florida Turnpike for the development of a citrus isolation p?ot with the University of Florida. As the location of this sixty (60) acres is not specified, it is possible that the USDA could request a lease of the property subject to the proposed swap for the Research Park. While it is unlikely this would occur given the University of Florida's involvement with the Research Park, it is a matter of concern which the parties are working to resolve. Staff has been advised, however, that it may take eighteen (18) months to two (2) years for the USDA to approve a waiver of this provision. As the intended closing date is March 14, 2011, staff has drafted the attached Acknowledgment .r AGENDA REOUEST ITEM NO. VI-B-2 ~ ~ 5~`~~- DATE: March 1, 2011 ~ REGULAR [ ] ~ ~ ~ ~ PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: JoAnn Riley Property Acquisition Manager -S_UBJE.CT: -Donation_o.f_Bi.ght-o£~W~.y------ - - - WCA of St. Lucie, LLC Warranty Deed for 10-feet of right-of-way on Range Line Road Resolution No. 11-051 ~saLlLtJicuil'ivT~: aee aitacned iviemorancium FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 16, 2009 - Resolution No. 09-071 granted a Major Adjustment to the C.A.T. Recycling Yard site plan for a project to be known as WCA of St. Lucie Recycling Yard. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 11-051 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COIvIMISSION ACTION: . - CONCURRENCE: [1CJ APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Ap rpp ovals [x] County Attorney: F'~ [x] Road and Bridge~~~ [x] Public Works: Daniel McIntyre Don Pauley Don West [x] Originating Dept: --f1 [x] Engineering: [x] County Surveyor ~W JoAnn Riley Michael Powley Ron Harris ITEM NO. VI-B-3 ~ ~ - ~ DATE: 03l01111 • . • . • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~,1D ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperraua Lueke Assistant County Attomey SUBMITfED BY: County Attorney SUBJECT: First Amendment to Road Improvement Agreement with ECM Group, Inc. for Virginia Avenue Medical Office BACKGROUND: See CA11-119 FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board approved the Road Improvement Agreement on March 9, 2010. RECOMMENDATION: Staff recommends approval of Amendment to Road Improvement Agreement with ECM Group, Inc. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA ~ County Administrator CoordinationlSianatures Counry Attomey ( x) OMB Director O Budget Analyst . Daniel S. Mclntyre (Name) (Name) ( ) ERD ( ) (Name) (Name) COUNTY ATTORNEY ~ - J - ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attomey C.A. No: CA11-119 DATE: March 1, 2011 SUBJECT: First Amendment to Road Improvement Agreement with ECM Group, Inc. for Virginia Avenue Medical Office ITEM NO. VI-B-3 Backqround: On March 9, 2010, the Board approved a Road Improvement Agreement with ECM Group, Inc. for road improvements necessitated by their development of the Virginia Avenue Medical Office. ECM Group has asked for a one-year extension c~f the agreement because the project has been delayed and has just now begun. Recommendation: Staff recommends approval of Amendment to Road Improvement Agreement with ECM Group, Inc. Respectfully submitted, L'~~.~ ~ Heather Sperraua Lueke ~ ~ Assistant County Attorney , 4 ~ , AGEN~A REQUEST ITEM NO. VT-B.4 . ~ ~ x 4~, ~ ~ ~r~~~R~~~~~~F~ ~ DATE: March 1, 2011 ~ 4 ~ . • REGULAR o . ~ PUBLTC HEARTNG [J • CONSENT [XX] TO: BOARp OF COUNTY COMMTSSTONERS PRESENTED BY; SUBMTTTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Agreement with Solar and Energy Loan Fund of St. Lucie County, Inc. (Grant Agreement No. AR5056) BACKGROUN~: See attached memorandum FUNDS AVATLABLE: PREVTOUS ACTION; RECOMMENDATION: Staff recommends that the Board approve the attached Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: j~J APPROVED [ ] DENIED [ ] OTHER: - . Approved 5-0 Faye W, Outiaw, MPA County Administrator ~l~ Review and Approvals County Attorney. Management & Budget Purchasing~ Daniel S. McIntyre Originating Dept. Grants Resource Dev.: County Eng.~ G. Henderson Finonce; (Check for copy only, if applicable) Eff. 5/96 , r ~„~~~~~,~,w ' ~ ~`t w~~i ~ . . . ~•'w ` INTER-OFFICE MEMORANDUM ~ ST. LUCTE COUNTY, FLORIDA i ~ ' TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: i1-133 DATE: February 14, 2011 greemen wi olar an nergy Loan un o . ucie County, Inc. (Grant Agreement No. AR5056) BACKGROUND: The County applied for and obtained a grant from the Florida Energy and Climate Commission in the sum of three hundred thousand and 0/100 ($300,000.00) dollars to implement "The Kicking Kilowatts on the Treasure Coast" program. The County would (ike to assign its responsibilities under the Grant to the Solar and Energy Loan Fund of St. Lucie County, Inc. (SELF) and SELF agrees to accept assignment of the County's responsibilities under the Grant subject to County oversight. In consideration of the County disbursing funds for the Project, SELF agrees to assume responsibility for complying with all of the terms and conditions of the Grant Assistance Agreement (Award No. ARS056) as it may be amended and/or per Department of Energy requirements. SELF agrees to provide the required match of five hundred forty-five thousand and 0/100 ($545,000.00) dollars through homeowner credit fees and loans issued by SELF. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the attached Agreement and authorize the Chairman to sign the Agreement. Res e tfufly submitted, ~ . Danie) 5. McI yr County Attor DSM/caf Attachment ~ AGENDA REQUEST ITEM NO: VI-B-S ~ DATE: March l, 2011 ~ REGULAR [ ] ° ~ ° ~ PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Eric Hubbard 211 Rio Mar Drive River Park - Unit 2 BACKGROUNI2: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ~ RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sigri the Revocable License Agreement and direct Mr. Hubbard to record the document in the Public Records of St. Lucie County, Florida. COIVIMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DE1vIED [ ] OTHER ~ Approved 5-0 Faye W. Outlaw, MPA , County Administrator Review and Approvals [x] County Attorney: ~ [x] Road and Bridge. [x Public Works: VM ` ~ ~ Daniel McIntyre Don Pauley Don West [x] Originating Dept: .~~R- [x] Engineering:~ [ ] Purchasing: JoAnn Riley Mike Powley , AGENDA REQUEST ITEM NO: VI-B-6 ~ ~ ` ~ ~ DATE: March l, 20ll ~ 3 ~ ~ ~ ~ ~ ~ REGULAR [ ] ~ ~ ° ~ PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Eric and Dawn Carlson 7100 Hibiscus Road Lakewood Park - Unit 11 ~ ` BA~KGROUNl?: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Carlson to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [~J APPROVED [ ] DEIVIED [ ] OTHER ~ r`~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: ~ [x] Road and Bridge~ [x] Public Works: M` • Daniel McIntyre Don Pauley ' Don West i [x] Originating Dept: .~w`~' [x] Engineering: [ ] Purchasing: JoAnn Riley Mike Powley ' ITEM NO. VI-C1 ~ ~ ~ ~~v ~€m~4 ~ ~^Tg~ 7 ?~~S.s "3~F'r~~X ~~~;e~.i.~ ~ -'"ti ~i .a:~,z , . DATE: 3/01 /11 ~ s • ~ • AGENDA REQUEST_ ,..A:~:~~ ~,~f„~,~~~~r~~~a~~~~.~~~ REGULAR ~ ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Flousing and Community Services/ Community Services Manager Community Services SUBJECT: Community Services Block Grant (CSBG) Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001529-6420-331691-600 CSBG FY 2010-2011 PREVIOUS ACTION: July 27, 2010 - Approved agreement with the Florida Department of Community Affairs. RECOMMENDATION: Board approval of the Modification for the Community Services Block Grant, Budget Resolution 11-050, and authorization for the Chairman to sign all documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ) APPROVED ( ) DENIED OTHER - Approved 5-0 ~r Faye W. Outlaw, MPA County Administrator Coordination/Sistnatures County Attorney ( ) OMB Director ( ) a~~• Budget Analyst . Daniel S. Mclntyre Marie ouin Sophia Holt / Originating Dept. ( ) _ Beth Ryder ~ ~ . ~,~~x~ ~~e~~~~~~ ¦ .,,r aA~ s s,4 "~Yi,ia Vt ~ p e { c~'~~ ~ 7IG St~r ~ -~r,~ ,r ousing an ~ ~ ~ ` Communit Services y ~ ~ ` f " ~ ;:v=~~~.~_~~~~:~~.~~,~~~,~~~~~ M E M O R A N D U M TO: Board of County Commiss' ners THROUGH: Beth Ryder, Director FROM: Stefanie Myers, Community Services Manager ~ DATE: March 1, 2011 SUBJECT: Community Services Block Grant (CSBG) Modification FY2011 ITEM NO. VI- C1 Backqround: The Florida Department of Community Affairs annually provides additional funding that has been allocated under the CSBG Grant Agreement. The initial allocation for FY10/11 was $286,053. This modification represents an increase of $17,418 for a total allocation of $303,471. The funds are allocated to Martin, Okeechobee, and St. Lucie Counties under an inter-local agreement designating St. Lucie County as the lead agency. Martin County will receive $11,255, Okeechobee County $1,622, and St. Lucie County $4, 541. These funds are used to help seniors toward maintaining their independence at home, residents with achieving self-sufficiency, and the County with maintaining staff. Recommendation Board approval of the Modification for the Community Services Block Grant, Budget Resolution 11- 050, and authorization for the Chairman to sign all documents as approved by the County Attorney. Attachments: CSBG Modification Resolution 11-050 ITEM NO. VI-D ,~..~:~x~ ~~~~~~~~~z~ ~ x; ~ . v~ ~r~Qt~, ~ : DATE: 3/1 /11 ~ , * , . AGENDA REQUEST REGULAR ( ) ~ _ _ PUBLIC HEARING ~ ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-103605 and 102001-3725-563009-103605 Drainage Maintenance MSTU - Stormwater Management PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the Beau Rivage Dcainage improvements (South Shore Drive and Everglades Boulevard Culvert Replacements). COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ` Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSiqnatures County Attorney ( x) OMB Director ( x) C~~/ / ~ ` Daniel Mclntyre Budget Analyst Marie Gouin Originating Dept. ( x) • County Engineer ( x) Don Id West Michael Powley Road & Bridge Manager Donald Pauley Beau Rivage Drainage Improvements acceptance.ag Engineering Division .x~N<Ya d"4 .F 4tl d? u~& Y!C M~M' "l~'~!F ^.tJ • d 9 9*~a,_2 y~Y~ 4 e r}~.. ~1td ~ qh '~6L" i;a ~ ~ ~ ~ stl 3 g ~ f ~ • ~ ~ • MEMORANDUM ~n:;~w~~«:~:~~~,~~~ F~wh TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo~~~+• FROM: Michael Powley, County Engineer I~~~ DATE: March 1, 2011 SUBJECT: Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements) ITEM NO. VI-D Backqround: On March 9, 2010, bids were received in Purchasing for the Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements). This is a Local Preference project. Melvin Bush Construction, Inc., local St. Lucie County contractor, was the low bidder in the amount of $71,722.30. The Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements) are complete. This project was completed within budget. By adjusting plan quantities to fit ~ the necessary construction, the project was constructed at the bid price. Our construction contingency remained unspent. Staff has monitored the construction throughout and find it to be in conformance to the plans and specifications. Previous Action: October 14, 2009 - Work Authorization (WA) No. 24 to Culpepper and Terpening (C&T) in the amourit of $2,355 for topographic survey work. October 27, 2009 - WA No. 35 to Dunkelberger Engineering & Testing, Inc. (DE&T) in the amount of $9,600 for a geotechnical study. November 19, 2009 - WA No. 26 to C&T in the amount of $800 for additional survey work. December 1, 2009 - First Amendment to WA No. 35 to DE&T in the amount of $910 for supplemental geotechnical work. December 8, 2009 - Approval to advertise an Invitation to Bid to replace drainage pipes. May 25, 2010 - Board approval of bid to Melvin Bush Construction, Inc. in the amount of $71,722.30 for construction of the Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements) and associated seawalL Recommendation: Board acceptance of the Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Culvert Replacements). J ITEM NO. VI-D2 ~ , - ~ r ~ DATE: 03/01/11 ~ ~ ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don West f~~~ p~ SUBMITTED BY: Public Works Public Works Director SUBJECT: Fort Pierce Harbor Advisory Committee Chair BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive the two-year limit pursuant to Resolution No. 09-241, Attachment "A", and allow Ms. Chapman to serve as Chair of the Fort Pierce Harbor Advisory Committee as elected by the Committee on January 19, 2011. COMMISSION ACTION: CONCURRENCE: (xj APPROVED ( ) DENIED ( ) OTHER - ` Approved 5•0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures ~ OMB Director County Attorney (X) Budget Analyst ( ) . Daniel Mclntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) !V'~~~• ~ Purchasing ( ) Do Id B. West Melissa Simberlund Public Works Department ~ ~ ~ ~ ~~'f ~ ~ ~ ' ~ ' ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director ~~~~Y~- p~~~ DATE: March 01, 2011 SUBJECT: Fort Pierce Harbor Advisory Committee ITEM NO. VI-D2 Backqround: At the January 19, 2011 Fort Pierce Harbor Advisory Committee meeting, Mary Chapman was elected as Committee Chair. Pursuant to Resolution No. 09-241, Attachment "A" Ms. Chapman will exceed the two consecutive years limit to serve as Chair. Permission to waive this policy must be approved by the Board. Recommendation: Board approval to waive the two-year limit pursuant to Resolution No. 09-241, Attachment "A", and allow Ms. Chapman to serve as Chair of the Fort Pierce Harbor Advisory Committee as elected by the Committee on January 19, 2011. ITEM NO. VI-D3 ~ ~ ~ ~ ~ . ~ ~n ~ ~ ~ ~ . DATE: 3/1 /11 ~ ~ ~ ~ - " AGENDA REQUEST REGULAR ( ) sa~::~.~~ a;x.ax.~-,~.. . ~s,«?::.r.-~•r..srrzx,~.'x .=;..-a ~su-~;<?~ ~ PUBUC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michaei Powiey, P.E. ~~j~ SUBMITI'ED BY: Public Works/Engineering Division County Engineer ~ SUBJECT: Mainline Supply Final Acceptance - Expiration of Maintenance Period BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the final acceptance of the public improvements and authorization to release the maintenance surety in the amount of $75,942.44. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sictnatures County Attorney ( x) Finance ( x) Daniel Mclntyre hai Francis Originating Dept. ( x) ~ County Engineer ( x) ~v~ Do ald West Michael Powley County Surveyor ( x ) Ronald Harris Mainline Supply final acceptance.ag Engineering Division ~~.~~~~~~~~~~~g ~ .y r ~w ~ t~~_ . k ~ a MEMORANDUM ~ k,.~~~~~ _ ~w. ~W TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer ~~,~j E DATE: March 1, 2011 SUBJECT: Mainline Supply Final Acceptance - Expiration of Maintenance Period ITEM NO. VI-D3 Backqround: This project is within the limits of the City of Port St. Lucie and is located east of I-95 on the northwest side of Glades Cut-Off Road. Mainline Realty, LLC, developer of Mainline Supply Co., was required to construct off-site public improvements within the Glades Cut-Off Road right-of- way. Pursuant to the terms of the Roadway Improvement Agreement, the developer provided a letter of credit in the amount of $499,808.69. This amount represents 115% of the value of the required improvements. After successful completion of the construction, the 100% portion of the , letter of credit is released; the remaining 15% is held as security during the one year and 30-day maintenance period. ~ The Board approved the Maintenance Agreement and authorized a partial release of surety on January 5, 2010. The developer provided an amended letter of credit in the amount of $75,942.44. • The developer miscalculated the 15% maintenance period portion as the provided amount exceeds the required amount. When advised of his error, he declined an opportunity to correct it. The terms of the maintenance agreement have been satisfied. Staff has completed the field inspection of the improvements and found them to be acceptable. Staff recommends the Board approve the final acceptance of the constructed improvements and authorize the release of the maintenance surety in the amount of $75,942.44. Previous Action: November 25, 2008 - Board approved the Road Improvement Agreement. August 18, 2009 - Board approval of the partial release of surety in the amount of $423,866.25. January 5, 2010 - Board approved conditional acceptance, surety reduction and Maintenance Agreement. Recommendation: Board approval of the final acceptance of the public improvements and authorization to release the maintenance surety in the amount of $75,942.44. ITEM NO. VI-D4 vX~e'sxS+Y9~tC~"3~*Ab3s*A abie'tz~'.~lueA3~$.~$stPI&~3`d.k~.,?§h.Mk~~'~~: - ~~1~,~z`,~'~&~' ° '~~d~~~~z~~++{V~~.'"~~~,i~~i"4~Ib~y~~,~~~ . . . i:: < v _~ir r W :;K «a ~ < : DATE: 3/1 /11 ~ ~ , . AGENDA REQUEST REGULAR ( ) ~t~~~,~~~ : ` _ _ _ . PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITfED BY: Public Works/Engineering Division County Engineer ~Yp SUBJECT: Orange Avenue/NSLRWCD Canal No. 55 Emergency Culvert Replacement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-103609 Drainage Maintenance MSTU Stormwater Manage- ment (Transferring $148,214 from 102001-9910-599300-800 Reserves (pending BOCC approval). PREVIOUS ACTION: August 2~4, 2010 - Board approval of WA No. 1 to the Stormwater Continuing Contract with Kimley-Horn and Associates for the Orange Avenue/NSLRWCD Canal No. 55 Emergency Culvert Replacement Design in the amount of $60,976. RECOMMENDATION: Board approval of bid award to Melvin Bush Construction Company in the amount of $682,188 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTH E R ~ Faye W. Outlaw, MPA Approved 5-0 CoordinatioNSiqnatures County Administrator County Attorney ( x) OMB Director ( x) Budget Analyst C. Daniel Mcintyre Marie Gouiri Originating Dept. ( x ) ~ ° County Engineer ( x ) ~ D nald West Michael Powley,~„ ,~~ti.,J ~ Road & Bridge ( x ) ~ Manager ponald Pauley Orange NSLRWCD C55 emergency culvert bid award Melvin Bush.ag , - . Engineering Division ~~Y_`'`~`~`~; ,E~ c ! ~ w R ' x~. ~F~~~~~~aa~~~,~~~,~~~~~~~,~,~~ ~.:,x M E M O R A N D U M TO: Board of County Commissioners THROUGH: Donald West, Public Works Director , FROM: Michael Powley, County Engineer ~~(p DATE: March 1, 2011 SUBJECT: Orange Avenue/NSLRWCD Canal No. 55 Emergency Culvert Replacement ITEM NO. VI-D4 Backqround: During normal road maintenance activities last spring, a hole adjacent to the Orange Avenue travel way at the North St. Lucie River Water Control District (NSLRWCD) Canal No. 55 was observed. This type of surface expression is indicative of advanced corrosion. The Road & Bridge Division has been maintaining the integrity of the roadway, but this is only a stop-gap measure. It is imperative the construction of a replacement culvert move forward so that this major arterial can remain open. On January 13, 2011, five bids were received by the Purchasing Division. Melvin Bush Construction, Inc. is the low bidder in the amount of $682,187.44 (Attachment A). This firm is a local St. Lucie County contractor. A letter from Melvin Bush Construction confirming their bid is attached (Attachment B). Lastly, Amendment No. 1 to WA No. 1 with Kimley-Horn & Associates (C09-10-664) in the amount of •$4,800 is attached (Attachment C). Post design services will be on an as-needed basis following a written request from the St. Lucie County project manager. The consultant shall not be entitled to any compensation for efforts related to omissions or errors on design plans. This relatively modest amount of additional funding requires Board approval as the initial WA exceeded the $50,000 threshold. The project budget will utilize Drainage Maintenance MSTU Stormwater Management funds and be established as follows: Construction $620,171 10% Contingency $ 62,017 Post Design Services 4 800 Total Budget $686,988 Recommendation: Board approval of bid award to Melvin Bush Construction Company in the amount of $682,188 and authorization for the Chairman to sign documents as approved by the County Attorney. a` ITEM NO. VI-E r_~ ~-,~~€,..~~~.°t~~zj+~3~~ ~trs '~~~y~"'nT ~~ti . . ~ _ i~ ~ ~ r ~5 DATE: 03/01/11 ! s • ~ ~ ~ AGENDA REQUEST REGULAR ( ) " AF PUBLIC HEARING ( ) LEG. ( ) . QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget Director /~j p,t SUBJECT: Sheriff, Clerk of the Circuit Court and the Supervisor of Elections Budget Submittal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-711-599040-6000 Sheriff (Courthouse Security) 107-8191-599042-800 Sheriff (Law Enforcement) 001 & 107-8191-599043-800 Sheriff (Correction/Detention) 001-8191-599070-800 Clerk of Circuit Court 001-8191-599080-800 Supervisor of Elections PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the temporary suspension of Resolution 98-160 for the Sheriff, Clerk of Circuit Court and the Supervisor of Elections tentative budget submission until June 1, 2011 for their respective offices as indicated in attached Resolution No. 11-052, as drafted by the County Attorney for Fiscal Year 2011-2012. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures OMB County Attorney ( X ) Budget Analysf ( X) . Dan Mclntyre Sophia Holt Originating Dept. ( ) Other ( ) (Name) (Name) .i <*~x,'~`sa «~s, ra,s,*~ ~at'r z~s~y:.~F'fi" ~~'~?,~7~~t~ s~t`' i~l'- r ~ Office of Management , . . . & Budget/Purchasing` , ° MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director ~ DATE: February 22, 2011 SUBJECT: Sheriff, Clerk of the Circuit Court and the Supervisor of Elections Budget SubmittaF ITEM NO. VI-E Backaround: On July 14, 1998, the Board adopted Resolution No. 98-160 requiring the Sheriff, the Clerk of the Circuit Court and the Supervisor of Elections to submit a tentative budget for their respective offices by May 1 of each year beginning May 1, 1999. Due to the uncertainty surrounding the issue of the state budget in the 2011 Florida Legislative session, it is necessary to temporarily rescind Resolution No. 98-160 and require the Sheriff, Clerk of Circuit Court and the Supervisor of Elections to submit a tentative budget for their respective offices by June 1, 2011 for Fiscal Year 2011-2012. Attached is a copy of Resolutions 11-052 and 98-160. Recommendation: Board approval of the temporary suspension of Resolution 98-160 for the Sheriff, Clerk of Circuit Court and the Supervisor of Elections tentative budget submission until June 1, 2011 for their respective offices as indicated in attached Resolution No. 11-052, as drafted by the County Attorney for Fiscal Year 2011-2012. , ° ITEM NO. VII-A ~ ; Ir ! j ~ DATE: 3/1/11 ~ ~ e , ~ ~ ~ " AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke ~ Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: . Proposed Fertilizer Ordinances-11-001A, 11-001B, and 11-001C BACKGROUND: See CA10-1607 FUNDS AVAILABLE: N/A PREVIOUS ACTION: Permission to advertise granted on January 18, 2011. RECOMMENDATION: Staff recommends approva) of Ordinance No. 11-001A. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED - , ( ) OTHER r Faye W. Outlaw, MPA Approved 4-1 (Comm. Dzadovsky voting No) Motion to approve Ordinance County Administrator No. 11-001 A. Coordination/Siqnatures County Attorney ( x) OMB Director O Budget Analyst . Daniel S. Mclntyre (Name) (Name) ( ) ERD ( ) (Name) (Name) . _ . . . . , . v,. COUNTY ATTORNEY ~ ~ ~ T` ~ O Y ` A ~.•~.4 . . . . . . . ~ . . . . . . . . - ,.F..~. MEMORANDUM _ TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1607 DATE: March 1, 2011 SUBJECT: Proposed Fertilizer Ordinances -11-001A, 11-001B, and 11-001C ITEM NO: VII-A Backqround: During the 2009 Session, the Florida Legislature passed Senate Bill 494, which requires counties which are located within the watershed of a water body that is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes, to adopt, at a minimum, the Model Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes. St. Lucie County is located within the watershed of such a water body, so the County must adopt at least the Model Ordinance. Attached to this memo as Exhibit "A" are three proposed Fertilizer Ordinances, 11-001A, 11-001B and 11-001 C(formerly known as 10-009A, B, and C). Ordinance No. 11-001A is based on the Model Ordinance with a penalty proyision which follows our ' already-existing Code Enforcement citation procedures. Staff recommends approval of 11-009A. Ordinance No. 11-001B is based on the model ordinance with the following changes: • Removal of the word "spring" because there are no springs in St. Lucie County • Addition of definition of "preserve area" • Prohibition against applying fertilizer within 10 feet (or 3 feet with a deflector shield) of a preserve area • Prohibition against washing, sweeping, or blowing grass clippings, vegetative material, and/or vegetative debris either intentionally or accidentally into preserve areas Upon further review and discussion, staff no longer recommends Ordinance No. 11-001 B. The Environmental Resources Department has concluded that the• issue of application of fertilizer in preserve areas can be better solved through language in individual Conservation Easements and Preserve Area Management Plans. Ordinance No. 11-001C is recommended by the Environmental Advisory Committee and has several provisions which are stricter than either 11-001A or 11-001 B. Those provisions are as follows: ~ AGENDA REQUEST ITEM NO. V~ ~ ~~,,.:,-_M _ DATE: March i, 2011 _ ~ REGULAR . . PUBLIC HEARTNG [XX] CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUB CT: Ordincnce No. 11-006 Library and Law Enforcement Impact Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION; RECOMMENDATTON: Stnff recorr~mends that the Bocrd adopt Ordinance No. 11- 008 and authorize the Chcirman to sign the Ordinance. COMMISSION ACTION:_ CONCURRENCE: APPROVED [ ] DENIED Approved 4-1 (Comm. Lewis voting No) - Motion to adopt Ordinance No. 11-n~~,t---- - ~ Library and Law Enforcement Impact Fees approving the methodology as presented Fnye W. OUt~aW, MPA in Dr. Nichola's study excluding the impact fee increases as shown in the stutly while County Administrator we are lowering the land use category fees that are reflected effective date April 1S` ~ Review and Ao~rovals CountyAttorney: Managementd~Budget Purchasing~ paniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finnnce~ (Check for copy only, if applicable) Eff. 5/96 1 1 ' t^r~', 7- ~^S4 ~c~s~ir~~ ~ INTER-OFFICE MEMORAN~UM ~ w ' ST. 4UCIE COVNTY, FI.ORIDA • . . TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 11-129 DATE: February I1, 2011 SUBJECT; Ordinance No. i l-008-Library and Law Enforcement Impnct Fees **.~,~*************~**,~*****,~?*****,~~*******~,~,~*****,~,?**~****,~+~**x,~,~,~***** BACK6ROVND: The Board has previously adopted impnct fees for libraries through Ordinance No. li- 002 on May 9, 2000 and law enforcement through Ordinance No. 04-005 on April 6, 2004. Attached is a Technicnl Memorandum from Dr. James C. Nicholas title "Methods Used to Update Library and Law Enforcement Impact Fees" dated April 5, 2010, which demonstrates a reasonable connection between the need for library and luw enforcement improvements to be funded by the County and impact fees collected for (ibraries nnd law enforcement and the impncts on libraries nnd law enforcement genernted by development in the unincorporated municipnfities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. Also attached is draft Ordinance No. 11-008 which, if adopted, would implement the proposed increuse in impact fees recommended by Dr. Nicholns. On October 21, 2010, the Planning and Zoning Commission by a vote of 7 to 2 recommended approval of the Ordinance updating librc?ry and law enforcement impnct fees for consideration by the Board. The first public hearing was held on November 9, 2010. The second public hearing.scheduled, for ~ecember 21, 2010, was continued until March 1, 2011. RECOMMENDATION/CONCLVSION : Stnff recommends that the Board adopt Ordinance No. 11-00$ and nuthorize the Chairman to sign the Ordinance. Resp c fully submitted, ~ani I 5. McIn r County Attor ~SM/caf Attachments ` ITEM NO. VII-C ~ - J - DATE: 03/01 /11 • ~ ' ~ • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11-009 - Pain Management Clinics BACKGROUND: See CA11-108 FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 15, 2010 - Baard approved Ordinance No. 10-021 imposing moratorium on pain management clinics January 18, 2011 - Permission to advertise Ordiance No. 11-009 granted. RECOMMENDATION: Staff recommends approval of Ordinance No. 11-009. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures County Attorney ( x) OMB Director O Budget Analyst • Daniel S. Mclntyre (Name) (Name) ~ ) ERD ( ) (Name) (Name) ~ ~ - ~ _ _ ` INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, fLORIDA . . TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 11-108 DATE: March 1, 2011 SUBJECT: Ordinance No. 11-009 - Pain Management Clinics . BACKGROUND: On June 15, 2010, the Baard of County Commissioners imposed a nine month moratorium on the issuance of development permits or approvals for pain management clinics in the unincorporated St. Lucie County. Since that time, county staff has been analyzing the effects of pain management clinics in the County and considering additional standards under the zoning and land development regulations to recommend to the Baard for approval. Staff has recently been made aware that the Florida Legislature will likely pass legislation to regulate pain management clinics and such legislation might negate the need for local regulation of these clinics. Therefore, staff recommends extending the moratorium for an additional five months. RECOMMENDATION/CONCLUSION: Staff recommends approval of Ordinance No. 11-009. Respectfully submitted, . , ~ Heather Sperrazza L e e Assistant County Attorney 3,. v ITEM NO. VII-D - ~ ~ r ~ ~J ~ ~ ' ' ,,i," DATE: 3/41/11 ~ ~ ~ , . AGEND~4 REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI-JD ( X ) CONSENT ( ) TO: Board of County Commissioners PRESENTED BY: Jeffrey Johnson Si3BAAITTED BY: Planning and Development Services ~ Senior Planner Department, Pianning Division SUBJECT: Preliminary/Final Planned Nan-Residential Development (PNRD) Site Plan and Rezoning Request - Treasure Co~st Education, Research and Development Authority (TCERDA). BACKGROUND: See attached memorandum. FUNDS A!/AILABLE: N/A PREI~IOUS ACTION: August 12, 2008 - Board of County Commissioners approved the Treasure Coast Research Park Conceptual Development Master Plan. June 1, 2010 - Board of County Commissioners approved an Interlocal Agreement with TCERDA, Fort Pierce Utilities Authority and the City of Fort Pierce regarding water/wastewater service and annexation. September 28, 2010 - Board of County Commissioners approved an Interlocal Agreement wi4h TCERDA and Fort Pierce Utilities Authority regarding utility improvements. January 20, 2011 - Planning and Zoning Commission recommended the Board approve this petition by a vote of 9-0. REC~MMENDATIUN: Board adoption of Resolution No.11-002 approving the petition of TCERDA for Preliminary/Final Site Plan and Rezoning from the AR-1, Agricuitural Residential District to PNRD, Planned Non Residential Development District as outlined in the agenda memarandum. Approved 5-0 CoordinatioNSi~ natures County Attomey ( X) County Surveyor ( X) l~~ v1' ~-•I" I . Daniel S. Mclntyre on Hareis County Engineer (X ) /~'I Y~ ERD ( X) Michael Powley ren Smith Ori inatin De t. X ~ _ 9 9 P ( ) Mark Satte?iee , `b 4~ ~ ~ .H~ ~ . • ~ • ~ • • . ~.~~`~ti,.~ t '€~~~~~a~~~~: ~ BOARD OF COUNTY COMMISSIONERS e. _ Hearing Date: preliminary/Final PNRD Site Plan 0 AGENDA IT~M No. VII-D March 1, 2011 AG-1 :<~:;~~.:,,._..><_~:;;::.::;,>, Countv File Number ~ AR-t - - - - - - - - - - - - s;;::...~?;... ~~<_7:~..,-:~~~. RS-2 ,~:;t~_::~ PNRD 1120104192 - - - - - ~ F`Y.:~~~ . ' :''i.~'=~ pIC;65~R `'~F::^",._'':.Z.! ~ Apnlicant ' TCERDA ~ eooa ' :'~<~~'>;;f;;~'.~k ' < s ~ ~ 2199 South Rock Road ' ~ ` '~F " Fort Pierce, FL 34954 ~ ~ , ~CG G- R - AR-1 ' ~ ~ ; ~ ~^,a A~ent for Applicant ~ ~ , ...,s,;;:~,;;•:_::; Cotleur Hearing Inc. ~ ~ , a,a ~ ~ , ~ Donaldson Hearing ~ ' r ' z ~ ~s. s AR-1 1934 Commerce Lane ~ , Jupiter, FL 33458 ~ ' ~ G ~ 1 ',p~~':~TTt.f$EAH ~~CEN7ERR 1 N~':`V1nHfREYRD '.:x "~;::%ti'~A:': F,,;:,., w Future Land Use , ....r....~,~. ~'x>.=;,.;~; 2 ;t'`d :::I~:;.i': ~'iYw>;i}~Yi~G. i >S~.v.'','.:: .;`s;;^i~~:.'si ~':'"'?i~.=:`.: F . ~ri ^`-.i' -;;:t'~ ;~itfi~a;,.s.. ..r:s;;.._. ~ ? :;r'~,"` =_a~:%i ,A~~`' ;;1::: SD S ecial District ' 9 ? i~;~::: ~:;tr(':~:' ~ p ) r ~ ,~:°~;:~:..«s~_~; _ ~ . F - - - .o ib4 :i:: ' .Y: ~!V;^, _ `~.~Xi:`;~~;; 6` 1- - :i'13i` x,r.l:.iY _ .T' 9 ~ .F, N a:i<2:= z`I;'r ;nt:!.` i S^)vsi' . ~.:r,c;;4xi.:..~:.?'! O I- ~ 's~:~aii S't`.', ` .•r.s. i~+~~'.''iei " ' , .••fi.! ~Syi,':+F'i ~.~F::, :^LS:.:i.~:~ J, ii:h •its' ~')i;'i:iK.~,- :'.C ~ .~:C<i:r3'.1, ii:}: : ~E: Currenf Zonin~ ~ °i AR-1 _ _ RS-2 ;~~?sN - ;?a,.: - :x:,:: . „ _ '=i;~;;;; „ _ . : . AR-1 (Agriculturai, Residential 1) AG-1 yF ~ ~?9 Prellmine PNRD atl.uc~.eounryxonuiy nvhrc.zonine N ~ ry A0~1-AprkulWnl(1dW~e1 q•Gu1 ICommareMl ~q ~FindPNRD Aa2.6•Apdunvral(tau126~t) R1~SnpbF~m7yLOw0en~ity(4tlu/ec) A Previous Action ~ ~'~-AO~~IW~ARWd~nlbl~ldu/ee) qq.MMwmDSnaityRs~IdsnlMl~tOdu/acJ I\ . ~ Ft. Pierce Gl Limlts ~"COmm«ebl osnerel Y A&1•RWd~ntl~l9inBNFemtly(2tl~hq January 20, 2011 - Planning and ~~~fl notlflcelbnerea ft&4•RnltlmtielSnpbFUniy(/tlWac) i ~ U • IHiitl~~ Zoning Commission recommended the Board ap- Location: NW Corner of Kings Highway 8~ Pruitt Research Center Road prove this request by a vofe of 9- 0_ Proiect Staff Project Description Staff Recommendation Jeffrey Johnson Senior Planner Treasure Coast Research and Educa- Board adoption of Resolution No. 11- 772-462-1580 tion Park Core Research Campus - 002 approving the petition of johnsonj@stlucieco.org Phase I, consisting of a Preliminary TCERDA for Preliminary/Final Site Planned Non Residential Development Pla~ and Rezoning from fhe AR-1, (PNRD) Site Plan for 154.26 acres and Agricultural Residential District to Final PNRD Site Plan for Quad 1A and PNRD, Planned Non Residential an Amendment to the Official Zoning Development District as outlined in Attas from AR-1 to PNRD on 30.63 the agenda memorandum. o ~ acres, is proposed on property generally ~ located at the northwest corner of Notice Requireme~~.s '~~1e` .~0 K~ngs Highway and Pruitt Research Public hearin notice was laced in ~ Center Road. g p the St. Lucie News Tribune, letters SubJectproperry The Preliminary PNRD Site Plan sent to property owners within 500 . . o~~ eAve feet of the sub ect ro e accommodates over 1.3 million square 1 p p rty, and a _ ~ feet of research and education uses. sign is placed on the property. ~ ~ ~ ~~e L Y ~m Further details are found in the The Final PNRD Site Plan consists of 256,000 square feet of uses for which attach~d meonorandum and staff Rd the applicant has requested a "0~'b _ " Certificate of Capacity for 76,000 . square feet. V ~ ~ AGENDA REQUEST ITEM NO. VII-E DATE: March 1, 2011 ~ ~ ~ ~ ~ a ~ ` ~ ~ ~h ~ ~ ~ REGULAR [ ] • . ~ , PUBLIC HEARING [ x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Considerthe revocation of a previously issued conditional use permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U(Utilities) Zoning District. BACKGROUND: See attached memorandum CA 11-102. PREVIOUS ACTION: Permission to hold a public hearing was granted by the Board of County Commissioners on February 1, 2011. RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to revoke the conditional use permit for violation of a condition imposed upon such approval. COMMISSION ACTION: CONCURRENCE: - ~ APPROVED [ ] DENIED ~ [ ] OTHER: ' ~ Approve 5-0 Motion to continue to March 22, 2011 at 9:00 a.m. or as soon there Faye W. OUtlaw, M PA after. County Administrator Review and Approvals ~ ` [X] County Attorney: [X] Code Compliance Manag Danie) S. Mclntyre Robin Meyer ITEM NO. VII-F ~ ~ ~ ~va~~~~~~~~~~k ~~~,5~~~~~~,~~g~~~~~~dGt , ~ ~ ~ ~ .s v ~~'i ~ s ~,r 11 ~rYl . DATE: 03/01/11 , a r-.~ AGENDA REQUEST REGULAR O ~x~ . - _ . PUBLIC HEARING ( X ) ~ LEG. ( ) QUASI-JD ( X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ Linda Pendarvis SUBMITTED BY: Planning and Development Services Planner Planning Division SUBJECT: Development Agreement (DVA) 06-001 Revocation, Incom Properties 31, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 17, 2006 - Board approval of Regions Center and King Leal Industrial Subdivisions Development Agreement. RECOMMENDATION: Board authorization to schedufe the second public hearing for Tuesday, April 5, 2011 at 6:00 pm or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER - - ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures ~ ~ County Attorney ( X) ~ County Surveyor ( X) . Daniel S. Mclntyre Ron Harris County Engineer ( X ) ERD ( ) Michael Powley Karen Smith ,E - J Originating Dept. ( X ) ~ OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund ~ . • • ` ~~a~,""`E a~ ` ~ ~ .t r,iu~ ' - ~ i ~ e s Incom Properties 31, Inc. 0 AGENDA ITEM No. VII-F Hearing Date Development Agreement March 1, 2011 (DVA) 06-001 Revocation Applicant ~ I I ~ ~ Board of County Comm issioners ~ I~ . _ _ . . _ _ .1 ` ~ I ' 2300 Virginia Avenue l.i:- ~ ~"1 ~ _ _ ~ ~zo i - ~ .................................................i_..._.._.............. Fort Pierce, FL 34982 - . - - `ti~--~~ i' ' ' ' ~ ~~~.,;,._:.._-r.... ~ `I ~ ~ ~ Propertv Owner ; ~~;~.....4.._.._;_ l~_._. , , , ' 1 Kineleal ,~~p0{;. ~ i Mr. Peter Ingraldi ~ ' ~ - ~ ; o ~ ~ a Incom Properties 31, Inc. ~ ' ~ ~ ; ~ i I..~_%.' a ~ ~ 855 S. Kings Highway o . Fort Pierce, FL 34945 i - _f~, ~ - - - - - - ~ ~ I ~ ; ;--T, , > -~~..~L! ' I 1 I ~ ~ " ;.....C~OMMER'EIAL-C!R-=f I I` : il _ . , ' I II' ' • ' _ File Number ~ .._..._._....iL_L~i.l.)....._...----J_, . . ' _ - - - lE . BCC120091932 , 1 - _ , ~ ' ~ ~ , BCC120091957 - ~ ~ ~ ~ ~ ~ , , i , = R~,;o~ ~ Future Land Use i ' 3 I~~ , ~ ~e~~r, ~ . IND (Industrial) IY; ; Y U: ~ Z ~ I~ ;Os ~ . , . Ci I ~ . ~ . Zon~n z _q „ - I IL (Industrial, Light) ~ : ~ :................................................~..I.'......._.................___.._.._..._............_.._._......................_.......~......................._..._............_._...........:....,--......_._................... ' SL Lucie Counry Zoning N ~ ~ Subjeci properlies qG1 -hgriculwml {4 du;ac) PUD -FrenrreC Urd; Cevaiopmen~ ~ ~ ~ AR~1 ~Agricullun! ReslAenual (s tlwacJ "5-2 -Res~Aar.llal S!ngle -emily ~2 duiac) ~ • ~ ~SOOft.no[ificationareas ~-~~s~iromnai RS4-Residentia;Sin9kFamily;c0u:ac; Statf Recommendafion ~~~~s~~~,~ ~.ah~ ~ _ , _ Board authorization to schedule the second pubiic hearing for Pro%ect Location: Kings Highway between Orange Avenue and St. Lucie Tuesday, Aprii 5, 2011 at 6:00 pm Blvd. or as soon thereafter as may be heard. Proiect Description P?'olect CoordinaiOr Consider revocation of a develop- To revoke the approved agreement, Linda Pendarvis, Planner ment agreement between Incom the Board of ~County Commissioners 772.462.1562 Properties 31, Inc., and St. Lucie must conduct two public hearings at pendarvislQstlucieco.org County for projects known as King which the developer may demon- Leal and Regions Center Industrial strate good faith compliance with the Subdivisions. terms of the agreements. O ~ Background Notice Repuirements ~ On October 17, 2006, the Board of • A notice of public hearing was ' S(LucieBlvd County Commissioners approved sent to adjacent property own- o; : i~; King Leal and Regions Center Indus- ers within 500 feet at least 15 ' s~b;eai~P~o~~rt~s~ trial Subdivisions under Resolution days prior to this public hearing. ,C-25Canal Y°; Y: No. 06-168 and Resolution No. 06- • An ad was published in the St. .....:~:..m,T~...~._.....~...... ~ ~9~ 169. As a condition of approval, De- Lucie News Tribune at least 7 ~~'9S , velopment Agreement (DVA) 06-001 days prior to this public hearing. provided a ten-year term with an ef- fective date of November 25, 2008. Further details are found in the at- Oran eAve _ Staff has made a preliminary finding tached staff report. ~ that there has been a failure to com- : , \ rv ply with the terms of the develop- ~ ~ A ment agreement. ~ i 2/ 14/2011 . r . y ~ t ITEM NO. VII-G ~ r ,Y r~1dro' ~ a"~~' `d7 ~i4i?~'~ y, a,~~r a ~ ~s r ! ~ . . ~iE a ~ ' ~ §~v ~ ~~'~~+i j~ ~ ~ 44~ ~ ~ DATE: 03/01h 1 ~ ~ , . , ~ AGENDA REQUEST REGULAR ( ) ~..}'.~2Y'a,4«°i:.~., 'ES'?"~e-'a".~'.i'pa18 ,~"~5~t~'3~;-CY~ . . _ PUBLIC HEARING ( X ) LEG. ~ ) QUASI-JD ( X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Linda Pendarvis SUBMITTED BY: Planning and Development Services Planner Planning Division SUBJECT: Development Agreement (DVA) 07-001 Revocation, Incom Properties 31, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 20, 2007 - Board approval of King's Center Industrial Warehouse Development Agreement. RECOMMENDATION: Board authorization to schedule the second public hearing for Tuesday, April 5, 2011 at 6:00 pm or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures unt Attorne X County Surveyor (X) ~~,~i'~;~ Co y y ( ) . Daniel.S. Mclntyre Ron Harris County Engineer (X) ~V~ ERD ( ) Michael Powley Karen Smith /9 ~ Originating Dept. (X) f~`1P~~ OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund ~ ,^t . . F. _ ' ~st , • ~ • ~ , ~ ~ ~ 1 , ~ ~ • 5Y +3:'1 S h~z'ti~, r~-v~ 2.~;3 Y ~Ax:,~ ..Vf .~'S ~ B Incom Properties 31, Inc. 0 AGENDA ITEM No. VII-G Hearing Date Development Agreement March 1, 2011 (DVA) 07-001 Revocation Applicanf ~ ~ Board of County Commissioners ' ; I 2300 Virginia Avenue p~ ~ i: Fort Pierce, FL 34982 ~ -f~,,~ . Propertv Owner - ~r~ ~ , ; ~ , ; Mr. Peter Ingraldi ' ~ ' ' : ~ _ Incom Properties KCCP, Inc. ' ~ ; ~ 855 S. Kings Highway ' ; ~ , ~ , ~ ~ _ _ Fort Pierce, FL 34945 ~ ~ ~ _,..T` ~ ' i~ ~ . i i-'""_.... ~ ~ : i , ~ File Number { ' ' ~ , ' ~ , • - ~ I; . ? ~ BCC120091958 _ ' _ ~ ~ ~ _ t. . .-J L•~~ ~'IUNGS'R~655!NGCf~~I li.-__..__._._._._.._......... . _ i ~ . . ~ ~~y ~ _ ' : . . . Future Land Use ' ; ~'~~,:"rFRSyRS> e~ ~ ~ ; ` ~ F,qsy4 ~Yyry, ~ ~ % i~; ~ IND (Industrial) ~ ~ ` rc vj, ' ~ j - O ~ ~ L ~ J ~I ~ z . ~ ~ ....__I._.......J Zon~nq ; : - l ~ ~ IL (industrial, Light) ' . .................1``_` . ..._.:....:_~.._..._....._I.I_I~ Subjec - . !F t property AG; UAgri uRu a~ esdenlal (1 du!ac) IL- Intlusfral L'ghf Y . ~ ~ AR- Staff Recommendat~on I____ : 500 ft, notification area CG • Coirnnercial General IX - Industriai Ertradior. _ . I- Institutional PVD- Planned Unil DeveloptneM . 4 Board authorization to schedule the second public hearing for Tuesday, April 5, 2011 at 6:00 pm ProleCt Location: Kings Highway between Orange Avenue and St. Lucie or as soon thereafter as may be Blvd. heard. Proiecf Coordinator Proiect Description Linda Pendarvis, Planner Consider revocation of a develop- To revoke the approved agreement, 772.462.1562 ment agreement between incom the Board of County Commission- pendarvisl@stlucieco.org Properties 31, Inc. and St. Lucie ers must conduct two public hear- County for the project known as ings at which the devetoper may King's Center Industrial Warehouse. demonstrate good faith compliance with the terms of the agreement. ° Backqround Notice Requirements ~ • A notice of ublic hearin was On March 20, 2007, the Board of P 9 ; ; y pp sent to ad'acent ro ert own- ~ St Lucie Blvd Count Com m issioners a roved 1 P p Y King's Center Major Site Plan under ers within 500 feet at least 15 ' _ da s rior to this ublic hearin Resolution No. 07-019. As a condi- Y p p 9• _ ` ~ . An ad was ublished in the St. ~ ~C25Canal Y ~ Y~ tion of approval, Development P ~9, Agreement (DVA) 07-001 was also Lucie News Tribune at least 7 `~'9s provided a ten-year term with an ef- days prior to this public hearing. s~bJedP'°Pe"~ fective date of May 13, 2007. ~ County staff has made a preliminary Further details are found in the at- Oran en~e _ finding that there has been a failure tached staff report. ~ to comply with the terms of the de- ~ velopment agreement. y: N ~ ~i ~ ~ 2/ 14/2011 r AGENDA REQUEST ITEM NO. VI11 .~~g DATE: March 1, 2011 fi g~ ~ °^~t. s E ~ . ~ ~ ~ 4~ ~ ~ ~ ~ ~ REGULAR [ x ] i ~ • ~ PUBLIC HEARING CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIITED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Permission to draw down the Letter of Credit issued by First Peoples Bank BACKGROUND: See attached memorandum CA 11-102. PREVIOUS ACTION: RECOMMENDATION CONCWSION: Staff recommends that the Board of County Commissioners draw down the Letter of Credit issued by First Peoples Bank. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED OTHER: Pulled Faye W. Outlaw, MPA County Administrator Review and Approvals (X] County Attorney: Daniel S. Mclntyre ~ INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 11-10Q, DATE: March 1, 2011 SUBJECT: Permission to draw down the Letter of Credit issued by First Peoples Bank BACKGROUND: On June 6, 2000, this Board approved Resolution No. 00-021 granting a change in zoning from the AG5 (Agricultural -1 du/5 acres). zoning district to the U(Utilities) zoning district for a 9.9 acre parcel of property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road. This rezoning petition was submitted jointiy byTreasure Coast Land Clearing, Inc. and Treasure CoastTractor Service, Inc., two local land clearing contractors in the community. In conjunction with this requested change in zoning, the petitioners were also jointly filing an application for a Conditional Use Permit to authorize the establishment of a land clearing debris disposai site through the use of air-curtain incineration techniques. This conditional use permit was granted through Resolution No. 00-022 Pursuant to Resolution No. 00-022, Treasure Coast Land Clearing and Treasure Coast Tractor Service are required to maintain a cash security fund, bond or irrevocable line of credit to secure the cost of removing all accumulated land clearing and yard trash at all times. St. Lucie County is currently hoiding a fifty thousand ($50,Op0) dollar Irrevocable Bank Letter of Credit No. 2005-269 issued by First Peoples Bank. The County has been notified by First Peoples Bank that the Letter of Credit 2005-269 will not be renewed on March 29, 2011. Staff has requested a replacement Letter of Credit. None has been produced. In preparation to draw on the Letter of Credit, Staff requested the original from Finance. The original Letter of Credit was unable to be located. The Bank was contacted to obtain a replacement. The Bank refused to issue a replacement and indicated a suit would need to be filed. The purpose of the irrevocable letter of credit or bond is to secure the cost of removing of all accumulated land clearing and yard trash and debris from the site. The County will have no security to secure the cost of removing the piles as of March 29, 2011, the date of expiration of the current irrevocable letter of credit. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to draw down the Letter of Credit issued by First Peoples Bank, including to file suit, if required. Respectfully submitted, ~ KMS/cb Katherine Barbieri Encl. Assistant County Attarney H:\Age nd a M e mo•K B•F IrstPeoples.wpd -