HomeMy WebLinkAboutMarch 1, 2011 ,
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F AGENDA REQUEST ITEM NO. VI-B~ _
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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
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~•'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
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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
~
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.,,r aA~ s s,4 "~Yi,ia Vt ~ p e
{ c~'~~ ~ 7IG St~r ~
-~r,~ ,r ousing an
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y
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;: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
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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
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• ~ ~ • 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
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. k ~ a MEMORANDUM
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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~~'~~: -
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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
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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
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Originating Dept. (X) f~`1P~~ OMB ( )
Mark Satterlee Marie Gouin
Purchasing ( )
Melissa Simberlund
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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 '
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2300 Virginia Avenue p~ ~ i:
Fort Pierce, FL 34982 ~
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Propertv Owner - ~r~ ~
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Mr. Peter Ingraldi ' ~ ' '
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Incom Properties KCCP, Inc. ' ~ ; ~
855 S. Kings Highway ' ; ~
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Fort Pierce, FL 34945 ~ ~ ~
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File Number { ' ' ~ , ' ~
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Future Land Use ' ; ~'~~,:"rFRSyRS> e~ ~ ~ ; ` ~
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IL (industrial, Light) ' . .................1``_` . ..._.:....:_~.._..._....._I.I_I~
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a~ esdenlal (1 du!ac) IL- Intlusfral L'ghf Y
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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.
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2/ 14/2011
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AGENDA REQUEST ITEM NO. VI11
.~~g DATE: March 1, 2011
fi g~ ~ °^~t. s E ~ .
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~ REGULAR [ x ]
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~ 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 -