HomeMy WebLinkAboutOct. 4, 2011 Regular BOCC Meeting Agenda PackageAGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
County Attorney
ITEM NO. IV -A
DATE: October 4, 2011
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ x ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No. 11-062 - "National Business Women's Week".
BACKGROUND: Dorothy Kamm, with the Port St. Lucie Business Women, has
requested that this Board proclaim the week of October 17-22,
2011 as "NATIONAL BUSINESS WOMEN'S WEEK" in St. Lucie
County, Florida. The attached Resolution No. 11-062 has been
drafted for that purpose.
RECOMMENDATION:
COMMISSION ACTION:
[] APPROVED [ J DENIED
[ J OTHER: Approved 5-0
Staff recommends that this Board adopt the attached Resolution
No.11-062 as drafted.
Review and Approvals
[Xj County Attorney:
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
County Attorney
ITEM NO. IV-B
DATE: October 4, 2011
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No.11-142 - "Citizenship Day" and "Constitution Week"
BACKGROUND: Hall Riediger with the St. Lucie River Chapter of the Sons of the
American Revolution, has requested that this Board proclaim
September 17, 2011 as "Citizenship Day" and the week of
September 17, 2011 through September 23, 2011 as
"Constitution Week" in St. Lucie County, Florida. The attached
Resolution No. 11-142 has been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No.11-142 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: L•
Daniel S. McIntyre
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
BACKGROUND:
RECOMMENDATION:
COMMISSION ACTION:
[J(j APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
County Attorney
ITEM NO. IV-C
DATE: October 4, 2011
REGULAR[x]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No. 11-145- "DOMESTIC VIOLENCE AWARENESS
MONTH" in St. Lucie County.
It has been requested that this Board proclaim the month of
October 2011 as "DOMESTIC VIOLENCE AWARENESS MONTH" in St.
Lucie County, Florida. The attached Resolution No. 11-145 has been
drafted for that purpose.
Staff recommends that the Board adoptthe attached Resolution No.
11-145 as drafted.
Review and Approvals
[X] County Attorney:
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
AGENDA REQUEST
ITEM NO: VI-B-1
DATE: October 4, 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
Clyde D. Crouch
Gate across Gordy Road North of Midway Road
BACKGROUND: See an 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
Clyde D. Crouch to record the document in the Public Records of St. Lucie
County, Florida.
COMMISSION ACTION:
[u] APPROVED
[ ] OTHER
Approved 5-0
[x] County Attorney:
%
Daniel McIntyre
[x] Originating Dept:
.f mZ
JoAnn Riley
CONCURRENCE:
[ ] DENIED
Faye W. Outlaw, MPA
County Administrator
Review and Annrovals
[x] Road and Bridge:
Don Pauley
[x] Engineering: Mqp
Mike Powley
[x] Public Works: .
Don West /
[] County Surveyor:Z/A
Ron Harris
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
SUBJECT: Street Name Change
Douglas Road to Douglas Street
Resolution No: 11-143
BACKGROUND: See an attached Memorandum
FUNDS AVAILABLE: N/A
ITEM NO: VI-B-2
DATE: October 4, 2011
REGULAR [ ]
PUBLIC HEARING
Leg. [ ] Quasi -JD [ ]
CONSENT [Xl
PRESENTED BY:
JoAnn Riley
Property Acquisition Manager
PREVIOUS ACTION: November 26, 1969 - Resolution No. 69-102 Naming Douglas Road
RECOMMENDATION: Staff recommends that the Board approve Resolution No. 11-143,
authorize the Chairman to sign the Resolution and direct staff to notify
the appropriate Utilities, the U. S. Postal Service, the Property
Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and
record the Resolution in the Public Records of St. Lucie County,
Florida.
COMMISSION ACTION:
[)�f APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
[x] County Attorney: IF'Q
Daniel McIntyre
i
[x] Originating Dept:
JoAnn Riley
Review and Approvals
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
[x] Road and Bridge: [x] Public Works:
Don Pauley Don West �f/�
[x] Engineering: �I�b l— [x] County Surveyor: A1171
Mike Powley Ron Harris
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
Dq APPROVED (J DENIED
[ ] OTHER:
Approved 5-0
County Attorney
ITEM NO. VI-B-3
DATE: October 4, 2011
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Ordinance No. 11-025 Relating to Secondary Metals Recyclers;
Permission to Advertise
See attached memorandum
Staff recommends that the Board grant permission to advertise
Ordinance No. 11-025 as drafted.
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: Management & Budget Purchasing:
Daniel S. McIntyre
Originating Dept. Public Works Din County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
AGENDA REQUEST
ITEM NO. VI-C
DATE: 10/04/11
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY�
Toby Long
SUBMITTED BY: St. Lucie County Sheriff's Office Director Finance & Technology
SUBJECT: Law Enforcement Impact Fees for budget year 2011.
BACKGROUND: All of these expenditures are related to the growth of the county and expansion of
services to meet that growth. The Sheriff is requesting the following
disbursements from the Law Enforcement Impact Fee:
FUNDS AVAILABLE:
PREVIOUS ACTION:
❖ Document Imaging System Phase IV
Due to increases in population served and the resulting paperwork,
electronic storage of documents is necessary to allow for efficient storage
and retrieval of documents. The current system of paper storage is
overtaxed and storage space is limited and expensive. Total cost,
$172,000.
❖ Vehicle Storage Building
Recent growth in the County and the purchase of specialized vehicles
needed to service those growing needs it has become apparent that some
permanent storage facility is needed. The proposed building is an 80 X 80
metal building that will house the Joint Command Post, the countywide
bomb disposal truck, the EOC communication vehicle, and the SWAT team
emergency rescue vehicle. The building will be located at the Emergency
Operations Center on Midway Road. At the completion of construction the
building will become the property of the County. Total cost, $237,000.
310005-2110-591900-200
None
RECOMMENDATION: Staff recommends approval of the Sheriff's request and transfer of funds in the
amount of $409.000.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst
(Name)
Originating Dept. ( )
(Name)
ERD
(Name)
(Name)
(Name)
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
St. Lucie County Sheriff's Office
ITEM NO. VI-C2
DATE: 10/04/11
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY•
Toby Long
Director Finance & Technology
Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the
amount of $162,476.30 for budget year 2011.
The monies will be used for additional equipment, Crime Prevention / Safe
Neighborhood and School Resource expenditures. See Attachment.
FUNDS AVAILABLE: Law Enforcement Trust (L.E.T.) Fund — 620-2110-591000-200
PREVIOUS ACTION: None
RECOMMENDATION: Staff recommends approval of the Sheriff's budget amendment and transfer of
funds in the amount of $162,476.30.
COMMISSION ACTION:
APPROVED ( )
( ) OTHER
Approved 5-0
CONCURRENCE:
DENIED —���-�
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director ( )
Budget Analyst
(Name)
Originating Dept. ( ) ERD ( )
(Name)
U"T+t!►
Wk
(Name)
(Name)
(Name)
i
AGENDA REQUEST
ITEM NO. VI — D1
DATE: 10/4/2011
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Donald B. West
SUBMITTED BY: Public Works - Administration Public Works Director
SUBJECT: Local Agency Program (LAP) Agreement — Weatherbee Sidewalk Construction
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 318-4113-563000-470; Road Bond — Sidewalks & Bike Paths
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of LAP Agreement No. 423197-1-58-01 with Florida Department
of Transportation (FDOT) in the amount of $1,099,200 for Weatherbee Road
Sidewalk, and Resolution No. 11-149 as outlined in the agenda memorandum and
authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION:
( APPROVED ( )
( ) OTHER
Approved 5-0
County Attorney ( )
DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Dan McIntyre
Originating Dept. ( ) \ 0 ERD
Don Id B. West
Am
ariGouin
r
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Public Works/Engineering Division
Brocksmith Road Right -of -Way Survey
See attached memorandum.
ITEM NO. VI-D2
DATE: 10/4111
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
PRESENTED BY: }}AA..11
Michael Powley, P.E. Mvp
County Engineer
101001-9910-599300-800 Transportation Trust Reserve
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of Work Authorization No.11 for the preparation of a road right-of-
way survey with GCY, Inc. in an amount not to exceed $75,000 and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( x ) OMB Director
Daniel McIntyre
Originating Dept. (x) �Av1• County Engineer
Don Id West
County Surveyor ( x)
Ronald Harris
cc: Finance
BrocksmithroadWA11 Rightofwaysurvey.ag
(x) W� -
Marie Go in
(x) m
Michael Powley
AGENDA REQUEST
ITEM NO.
DATE:
REGULAR
PUBLIC HEARING
LEG.
QUASI -JD
CONSENT
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Powley, P.E.
SUBMITTED BY: Public Works/Engineering Division County Engineer MVP
SUBJECT: McCarty Road North Bridge Rehabilitation Project
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 316001-41133-563000-114602 5th Cent Fuel-Capital/Infrastructure
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to award the emergency repairs related to the McCarty Road
North Bridge Rehabilitation Project to the low bidder, Wilco Construction, Inc., in
the amount of $85,000, set up the project budget (to include the contingency) in
the amount of $93,500, and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
(� APPROVED ( ) DENIED _
( ) OTHER �--�
Faye W. Outlaw, MPA
Approved 5.0 County Administrator
Coordination/Signatures
OMB Director (x)
County Attorney ( x) Marie Gouin
Daniel McIntyre 4/
County Engineer (x) f �( ® o
Originating Dept. ( x) Mi hael Powley
Don d West
Road & Bridge (x) Joqna—P
Manager auley
McCarty Road Bridge award.ag
ITEM NO. VI-E
DATE: 10/04/11
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y•
Jack T. Southa
SUBMITTED BY: Public Safety & Communications
SUBJECT: Emergency Management Services (EMS) Grant
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 104-2610-581060-2950 — Fire District
PREVIOUS ACTION: BOCC approved Resolution No. 11-061 for the first half of the grant on 03/22/11
RECOMMENDATION: Board approval of the application for the second half of the EMS grant in the
amount of $37,807 and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( APPROVED ( ) DENIED -
( ) OTHER
Faye W. Outlaw, MPA
Approved 5.0 County Administrator
Coordination/Signatures
County Attorney (X) OMB Director (X )
Budget Analyst
Dan McIntyre
Originating Dept. ( ) ( )
(Name)
dI11.. ' e ► �
(Name)
r'
TO:
ITEM NO. VI — F1
DATE: 10/04/1,1
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X )
PRESENTED BY:
Stefanie Myers
SUBMITTED BY: Housing and Community Services/Community - Community Services Manager .
Services
SUBJECT: Non -Profit Outside Agency Grant . Agreements
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001009-6900-582023-600 ARC of St. Lucie County, Inc.
001009-6900-582015-600 Council on Aging of St. Lucie, Inc.
001009-6900-581030-600 New Horizons of the Treasure Coast, Inc.
001009-6900-582000-600 Healthy Start of St. Lucie, Inc.
PREVIOUS ACTION: 9-22-11 — Board approved Non -Profit Outside Agency Grant amounts at the final
budget hearing.
RECOMMENDATION: Board approval of the non-profit outside agency agreements, as outlined in the
attached memorandum; and authorization for the Chairman to sign documents as
approved by the County Attorney.
BOARD OF COUNTY COMMISSIONERS
COMMISSION ACTION: CONCURRENCE
(Sd' APPROVED ( ) DENIED _
( ) OTHER_
Faye W. Outlaw, MPA
Approved 5-0 County Administrator +
Coordination/Signatures
County Attorney ( ) OMB .Director ( ) ��, .�
l _ Budget Analyst A
DanielMc n yre Marie Gouin
�t-'-(?-'.1-(1 Sophia Holt
Originating Dept.
Beth Ryder .
ITEM NO. VI-F2
DATE: 10/04/2011
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Wesloski �� SUBMITTED BY: Community Services/Housing Division Housing Manager
SUBJECT: Budget Resolution 11-154, HUD/Mortgage Modification and Mortgage Scams
Assistance (MMMSA) Grant
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: June 14, 2011 — County Administrator approved submission of application.
September 20, 2011 — BOCC approved the grant award.
RECOMMENDATION: Board approval of Budget Resolution 11-154 and authorization for the Chairman to
sign the resolution as approved by the County Attorney.
COMMISSION ACTION:
M I APPROVED
OTHER
Approved 5-0
County Attorney ( )
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
1* Budget Analyst
Daniel S. McIntyre
Originating Dept. ( )�
Beth Ryder
Marie Gouin
Sophia Holt
TO: .
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
(�Q APPROVED
( ) OTHER
Approved 5.0
ITEM NO. VI-G
DATE: 10/04/11
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Brillhart
Planning and Development Services Business & Concurrency Man5p
Twin Vee Catamarans, Inc. - Request for Job Growth Investment Grant (JGIG) Incentives
See attached memorandum.
001-5215-582000-500 County Job Incentive
August 24, 2010; BOCC approval of a Letter of Intent to provide economic development
incentives.
Board approval of Job Growth Investment Grant JGIG-11-005 in the amount of $146,250
phased over five years ($29,250 per year).
CONCURRENCE:
( ) DENIED
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Daniel McIntyre
Originating Dept. ( ) Budget Analyst.
Mark Satterlee
Marie Gouin
Sophia Holt
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
ITEM NO.
DATE:
AGENDA REQUEST REGULAR
BOARD OF COUNTY COMMISSIONERS
Planning & Development Services
St. Lucie County International Airport
VI-G2
10/04/11
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY:
Todd A. Cox
Airport Manager
Budget Resolution No. 11-153, Terminal and Customs & Border Protection (CBP)
Facility Renovations (Phase 2)
See attached memorandum.
FUNDS AVAILABLE: 140375-4220-562000-114601 — Building (pending BOCC approval)
140-4220-563000-4804 — Airport Local Match (pending BOCC approval)
PREVIOUS ACTION: August 16, 2011 - Board approved Resolution No. 11-118 accepting the. Florida
Department of Transportation (FDOT) Joint'Participation Agreement for the CBP
Facility renovations (Phase 2).
August 16, 2011 — Board approved LPA Group Inc. Work Authorization No. 37 for
professional engineering and design services for the CBP Facility Renovations
RECOMMENDATION: Board approval, of Budget Resolution No. 11-153 establishing the fund for the
FDOT grant for the Terminal and Customs & Border Protection Facility
Renovations (Phase 2), and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
(�) APPROVED ( )
( ) OTHER
DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Approved 5.0
Coordination/Signatures
County Attorney ( ) OMB Director ( ) (j
Budget Analyst
Daniel S. McIntyre �, Marie Gouin
atty Marston
ERD
Purchasing ( )
( )
Desiree Cimino
Melissa ' berlund
Originating Dept. ( )
Mark atterlee
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Planning & Development Services/Tourism
ITEM NO. VI-G3
DATE: 10/04/11
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY:
Charlotte Lombard
Tourism Coordinator
2011/2012 Contracts for the Treasure Coast Sports Commission
See attached memorandum.
FUNDS AVAILABLE: 611-5210-582000-500
PREVIOUS ACTION: December 12, 2010 — Board approval of 2010/2011 1st Contract Amendment
September 28, 2010 — Board approval of 2010/2011 Treasure Coast Sports
Commission contracts
RECOMMENDATION: Board approval of the 2011/2012 contracts for the Treasure Coast Sports
Commission for a total amount of $150,000 and authorization for the Chairman to
sign the contracts as prepared by the County Attorney.
COMMISSION ACTION:
APPROVED ( )
( ) OTHER
Approved 5-0
County Attorney ( )
CONCURRENCE:
DENIED
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Dan McIntyre/Ili
'th
Originating Dept. ( )
M. S tterlee
C. Lombard
AfCTi7
M. Gou n/P. Marston
n/a
ITEM NO. VI-H1
DATE: 10/04/11
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B :
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Tax Collector Advance Request
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Various Funds
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the Tax Collector's request for an October commission advance
in the amount of $675,000 for FY 2011-2012.
COMMISSION ACTION: CONCURRENCE:
(X) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Signatures
OMB
County Attorney (X) _ Budget Analyst (X )
Dan McIntyre Sophib Holt
Other ( ) Other (. )
(Name) (Name)
R
-
ITEM NO. VI-H2
-�-r
DATE: 10/04/11
.
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO:
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
Marie M. Gouin
SUBMITTED BY:
Office of Management & Budget/Purchasing
Director
SUBJECT:
Supervisor of Elections Advance Request
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
001-8191-599080-800 Supervisor of Elections
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Board approval of the Supervisor of Elections request for 25 percent ($565,757) of
the total FY 2011-2012 budget and thereafter, 6.82
percent per month.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Signatures
OMB
.County Attorney (X) Budget Analyst (X S
)
Dan McIntyre Sophia Holt
Other ( ) Other ( }
(Name) (Name)
AGENDA REQUEST
ITEM NO.
VII-A
DATE:
10/04/11
REGULAR
( )
PUBLIC HEARING
( X )
LEG.
( )
QUASI -JD
( X )
CONSENT
( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Waite, AICP,!0.W
SUBMITTED BY: Planning and Development Services Senior Planner
Department
SUBJECT: Rezoning Request - Scott/Wescott
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: July 21, 2011 — Planning & Zoning Commission unanimously recommended
approval.
RECOMMENDATION: Board adoption of Resolution No. 11-001 granting a change in zoning from IX
(Industrial, Extraction) to CO (Commercial, Office), as outlined in the attached
memorandum.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) .OTHER
Faye W. Outlaw, MPA
Approved 5.0 County Administrator
Coordination/Signatures
County Attorney (X) p/" County Surveyor
Daniel S. McIntyre
County Engineer ( ) ERD
Michael Powley
Originating Dept. (X) OMB
Mark Satterlee
Purchasing ( )
Melissa Simberlund
(X) oz/
Ron Harris
a
(X)
Ka en Smith
Marie Gouin
r
AGENDA REQUEST ITEM NO. V I I
DATE: October 4, 2011
REGULAR[ ]
PUBLIC HEARING [x ]
CONSENT[ ]
TO: BOARD OF COUNTY COMMISSIONERS. PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Barbieri
Assistant County Attorney
SUBJECT: Ordinance No.11-024 - Road Right of Way Safety
BACKGROUND: See attached memorandum No. 11-0996
RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 11-024 and
authorize the Chairman to sign the Ordinance.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
b4 OTHER: 2
Motion to continue. Faye W. Outlaw, MPA
County Administrator
[X] County Attorney:
Daniels. McIntyre
Review and Approvals
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October 4, 2011
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
jR�VtSED�10�3/201't;
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and
on the third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that
an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone
wishing to speak to come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution.
NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM — Please be respectful of others' opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the
first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the
County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982.
The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments.
Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone
with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits
Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
October 4, 2011
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
www.co.st-lucie.fl.us
www.stlucieco.org
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Chris Craft, Chairman District No. 5
Chris Dzadovsky, Vice Chairman District No. 1
Tod Mowery District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the September 20, 2011 meeting.
Approve the minutes from the September 22, 2011 Final Budget Public Hearing.
Approve the minutes from the September 27, 2011 Special meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 11-062 — "National Business Women's Week".
Consider staff recommendation to adopt Resolution No. 11-062 as drafted.
B. COUNTY ATTORNEY
Resolution No.11-142 — "Citizenship Day" and "Constitution Week"
Consider staff recommendation to adopt Resolution No. 11-142 as drafted.
C. COUNTY ATTORNEY
Resolution No. 11-145 — "Domestic Violence Awareness Month" in St. Lucie County.
Consider staff recommendation to adopt Resolution No. 11-145 as drafted.
D. Stan Blum Phase I #SL-08-48 Check Presentation by Mark Crosley, Assistant Executive Director
and Commissioner Gail Kavanagh of the Florida Inland Navigation District
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 52 and 53.
B. COUNTY ATTORNEY
Revocable License Agreement — Clyde D. Crouch — Gate across Gordy Road North of
Midway Road
Consider staff recommendation to approve the Revocable License Agreement, authorize
the Chairman to sign the Revocable License Agreement and direct Clyde D. Crouch to
record the document in the Public Records of St. Lucie County, Florida.
2. Street Name Change — Douglas Road to Douglas Street — Resolution No.11-143
Consider staff recommendation to approve Resolution No. 11-143, authorize the
Chairman to sign the Resolution and direct staff to notify the appropriate Utilities, the U. S.
Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County
Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida.
3. Ordinance No. 11-025 Relating to Secondary Metals Recyclers; Permission to Advertise
Consider staff recommendation to grant permission to advertise Ordinance No. 11-025 as
drafted.
C. SHERIFF'S OFFICE
1. Law Enforcement Impact Fees for budget year 2011.
Consider staff recommendation to approve the Sheriffs request and transfer of funds in
the amount of $409,000.
Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of
$162,476.30 for budget year 2011.
Consider staff recommendation to approve the Sheriffs budget amendment and transfer
of funds in the amount of $162,476.30.
D. PUBLIC WORKS
Administration
1. Local Agency Program (LAP) Agreement— Weatherbee Sidewalk Construction
Consider staff recommendation to approve of LAP Agreement No. 423197-1-58-01 with
Florida Department of Transportation (FDOT) in the amount of $1,099,200 for
Weatherbee Road Sidewalk, and Resolution No. 11-149 as outlined in the agenda
memorandum and authorization for the Chairman to sign documents as approved by the
County Attorney.
Engineering Division:
2. Brocksmith Road Right -of -Way Survey
Consider staff recommendation to approve Work Authorization No. 11 for the preparation
of a road right-of-way survey with GCY, Inc. in an amount not to exceed $75,000 and
authorization for the Chairman to sign documents as approved by the County Attorney.
C
PUBLIC WORKS CONTINUED
E.
F
G.
3.
Emergency Repairs to McCarty Road North Bridge Rehabilitation Project
PUBLIC SAFETY & COMMUNICATIONS
Emergency Management Services (EMS) Grant
Consider staff recommendation to approve the application and award for the second half of the
EMS grant in the amount of $37,807 and authorization for the Chairman to sign documents as
approved by the County Attorney.
HOUSING & COMMUNITY SERVICES
Community Services Division:
1. Non -Profit Outside Agency Grant Agreements
Consider staff recommendation to approve the non-profit outside agency agreements and
authorize the Chairman to sign documents as approved by the County Attorney.
Housing Division:
2. Budget Resolution No. 11-154, HUD/Mortgage Modification and Mortgage Scams
Assistance (MMMSA) Grant
Consider staff recommendation to approve Budget Resolution No. 11-154 and
authorization for the Chairman to sign the resolution as approved by the County Attorney.
PLANNING & DEVELOPMENT SERVICES
Planning Division:
1. Twin Vee Catamarans, Inc. — Request for Job Growth Investment Grant (JGIG) Incentives
Consider staff recommendation to approve Job Growth Investment Grant JGIG-11-005 in
the amount of $146,250 phased over five years ($29,250 per year).
Airport Division:
2. Budget Resolution No. 11-153, Terminal and Customs & Border Protection (CBP) Facility
Renovations (Phase 2)
Consider staff recommendations to approve Budget Resolution No. 11-153 establishing
the fund for the FDOT grant for the Terminal and Customs & Border Protection Facility
Renovations (Phase 2), and authorization for the Chairman to sign documents as
approved by the County Attorney.
Business Development & Concurrency/Tourism:
3. 2011/2012 Contracts for the Treasure Coast Sports Commission
Consider staff recommendation to approve the 2011/2012 contract for the Treasure Coast
Sports Commission for a total amount of $150,000 and authorization for the Chairman to
sign the contracts as prepared by the County Attorney.
H. MANAGEMENT & BUDGET
Tax Collector Advance Request
Consider staff recommendation to approve of the Tax Collector's request for an October
commission advance in the amount of $675,000 for FY 2011-2012.
2. Supervisor of Elections Advance Request
Consider staff recommendation to approve of the Supervisor of Elections request for 25
percent ($565,757) of the total FY 2011-2012 budget and thereafter, 6.82 percent per
month.
VII. PUBLIC HEARINGS
A. PLANNING & DEVELOPMENT SERVICES
Rezoning Request — Scott/Wescott
Consider staff recommendation to approve adoption of Resolution No. 11-001 granting a change in
zoning from IX (Industrial, Extraction) to CO (Commercial, Office) as outlined in the memorandum.
B. COUNTY ATTORNEY
Ordinance No. 11-024 — Road Right of Way Safety
Consider staff recommendation to adopt Ordinance No. 11-024 and authorize the Chairman to sign
the Ordinance.
REGULAR AGENDA
Vill. ANNOUNCEMENTS
The 28th Annual St. Lucie County Master Gardener Plant Sale will be held on Saturday, October 8th from 8:00
a.m. until 2:00 p.m. at the St. Lucie County Cooperative Extension Office located at 8400 Picos Road, Fort
Pierce FL.
2. The Board of County Commissioners will hold a Special Board meeting on the 3rd and 4th Floors of the
Courthouse Renovation Project Tuesday, October 11, 2011 at 9:00 a.m. in the County Commissioners
Chambers.
3. The Board of County Commissioners will hold the October Informal Monthly meeting on Tuesday, October
11, 2011 at 9:30 a.m. in Conference Room #3.
4. St. Lucie County's Planning and Development Service staff will hold an informative Town Hall meeting to
review the proposed reconfiguration of County Commission districts and receive public input on Tuesday,
October, 11, 2011 at 6:00 p.m., in the County Commissioners Chambers, located on the 3rd floor of the St.
Lucie County Administration Building at 2300 Virginia Avenue.
5. The Board of County Commissioners will hold the November Informal Monthly meeting on Tuesday,
November 8, 2011 at 9:00 a.m. in Conference Room #3.
The Board of County Commissioners will hold a Budget Workshop on Tuesday, November 8, 2011
immediately following the November Informal Monthly meeting in Conference Room #3.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to
the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any
individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County
Risk & Benefits Manager at (772) 462-1404 or Too (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
October 4, 2011
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and
on the third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that
an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone
wishing to speak to come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution.
NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM — Please be respectful of others' opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the
first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the
County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982.
The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments.
Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone
with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits
Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
October 4, 2011
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
www.co.st•lucie.fl.us
www.stiucieco.org
Chris Craft, Chairman District No. 5
Chris Dzadovsky, Vice Chairman District No.1
Tod Mowery District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the September 20, 2011 meeting.
Approve the minutes from the September 22, 2011 Final Budget Public Hearing.
Approve the minutes from the September 27, 2011 Special meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 11-062 — "National Business Women's Week".
Consider staff recommendation to adopt Resolution No. 11-062 as drafted.
B. COUNTY ATTORNEY
Resolution No.11-142 — "Citizenship Day" and "Constitution Week"
Consider staff recommendation to adopt Resolution No. 11-142 as drafted.
C. COUNTY ATTORNEY
Resolution No. 11-145 — "Domestic Violence Awareness Month" in St. Lucie County.
Consider staff recommendation to adopt Resolution No. 11-145 as drafted.
D. Stan Blum Phase I #SL-08-48 Check Presentation by Mark Crosley, Assistant Executive Director
and Commissioner Gail Kavanagh of the Florida Inland Navigation District
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 52 and 53.
B. COUNTY ATTORNEY
Revocable License Agreement — Clyde D. Crouch — Gate across Gordy Road North of
Midway Road
Consider staff recommendation to approve the Revocable License Agreement, authorize
the Chairman to sign the Revocable License Agreement and direct Clyde D. Crouch to
record the document in the Public Records of St. Lucie County, Florida.
2. Street Name Change — Douglas Road to Douglas Street — Resolution No. 11-143
Consider staff recommendation to approve Resolution No. 11-143, authorize the
Chairman to sign the Resolution and direct staff to notify the appropriate Utilities, the U. S.
Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County
Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida.
Ordinance No. 11-025 Relating to Secondary Metals Recyclers; Permission to Advertise
Consider staff recommendation to grant permission to advertise Ordinance No.11-025 as
drafted.
C. SHERIFF'S OFFICE
Law Enforcement Impact Fees for budget year 2011.
Consider staff recommendation to approve the Sheriffs request and transfer of funds in
the amount of $409,000.
2. Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of
$162,476.30 for budget year 2011.
Consider staff recommendation to approve the Sheriffs budget amendment and transfer
of funds in the amount of $162,476.30.
D. PUBLIC WORKS
Administration
1. Local Agency Program (LAP) Agreement — Weatherbee Sidewalk Construction
Consider staff recommendation to approve of LAP Agreement No. 423197-1-58-01 with
Florida Department of Transportation (FDOT) in the amount of $1,099,200 for
Weatherbee Road Sidewalk, and Resolution No. 11-149 as outlined in the agenda
memorandum and authorization for the Chairman to sign documents as approved by the
County Attorney.
Engineering Division:
2. Brocksmith Road Right -of -Way Survey
Consider staff recommendation to approve Work Authorization No. 11 for the preparation
of a road right-of-way survey with GCY, Inc. in an amount not to exceed $75,000 and
authorization for the Chairman to sign documents as approved by the County Attorney.
19
PUBLIC WORKS CONTINUED
E.
F
G.
3. Emergency Repairs to McCarty Road North Bridge Rehabilitation Project
Consider staff recommendation to approve award of the emergency repairs related to the
McCarty Road North Bridge Rehabilitation Project to the low bidder, set up the project
budget, and authorize for the Chairman to sign documents as approved by the County
Attorney.
PUBLIC SAFETY & COMMUNICATIONS
Emergency Management Services (EMS) Grant
Consider staff recommendation to approve the application and award for the second half of the
EMS grant in the amount of $37,807 and authorization for the Chairman to sign documents as
approved by the County Attorney.
HOUSING & COMMUNITY SERVICES
Community Services Division:
1. Non -Profit Outside Agency Grant Agreements
Consider staff recommendation to approve the non-profit outside agency agreements and
authorize the Chairman to sign documents as approved by the County Attorney.
Housing Division:
2. Budget Resolution No. 11-154, HUD/Mortgage Modification and Mortgage Scams
Assistance (MMMSA) Grant
Consider staff recommendation to approve Budget Resolution No. 11-154 and
authorization for the Chairman to sign the resolution as approved by the County Attorney.
PLANNING & DEVELOPMENT SERVICES
Planning Division:
1. Twin Vee Catamarans, Inc. — Request for Job Growth Investment Grant (JGIG) Incentives
Consider staff recommendation to approve Job Growth Investment Grant JGIG-11-005 in
the amount of $146,250 phased over five years ($29,250 per year).
Airport Division:
2. Budget Resolution No. 11-153, Terminal and Customs & Border Protection (CBP) Facility
Renovations (Phase 2)
Consider staff recommendations to approve Budget Resolution No. 11-153 establishing
the fund for the FDOT grant for the Terminal and Customs & Border Protection Facility
Renovations (Phase 2), and authorization for the Chairman to sign documents as
approved by the County Attorney.
Business Development & Concurrency/Tourism:
3. 2011/2012 Contracts for the Treasure Coast Sports Commission
Consider staff recommendation to approve the 2011/2012 contract for the Treasure Coast
Sports Commission for a total amount of $150,000 and authorization for the Chairman to
sign the contracts as prepared by the County Attorney.
H. MANAGEMENT & BUDGET
Tax Collector Advance Request
Consider staff recommendation to approve of the Tax Collector's request for an October
commission advance in the amount of $675,000 for FY 2011-2012.
2. Supervisor of Elections Advance Request
Consider staff recommendation to approve of the Supervisor of Elections request for 25
percent ($565,757) of the total FY 2011-2012 budget and thereafter, 6.82 percent per
month.
VII. PUBLIC HEARINGS
A. PLANNING & DEVELOPMENT SERVICES
Rezoning Request — Scott/Wescott
Consider staff recommendation to approve adoption of Resolution No. 11-001 granting a change in
zoning from IX (Industrial, Extraction) to CO (Commercial, Office) as outlined in the memorandum.
B. COUNTY ATTORNEY
Ordinance No. 11-024 — Road Right of Way Safety
Consider staff recommendation to adopt Ordinance No. 11-024 and authorize the Chairman to sign
the Ordinance.
REGULAR AGENDA
Vill. ANNOUNCEMENTS
1. The 28th Annual St. Lucie County Master Gardener Plant Sale will be held on Saturday, October 8th from 8:00
a.m. until 2:00 p.m. at the St. Lucie County Cooperative Extension Office located at 8400 Picos Road, Fort
Pierce FL.
2. The Board of County Commissioners will hold a Special Board meeting on the 31d and 4th Floors of the
Courthouse Renovation Project Tuesday, October 11, 2011 at 9:00 a.m. in the County Commissioners
Chambers.
3. The Board of County Commissioners will hold the October Informal Monthly meeting on Tuesday, October
11, 2011 at 9:30 a.m, in Conference Room #3.
4. St. Lucie County's Planning and Development Service staff will hold an informative Town Hall meeting to
review the proposed reconfiguration of County Commission districts and receive public input on Tuesday,
October, 11, 2011 at 6:00 p.m., in the County Commissioners Chambers, located on the 3rd floor of the St.
Lucie County Administration Building at 2300 Virginia Avenue.
5. The Board of County Commissioners will hold the November Informal Monthly meeting on Tuesday,
November 8, 2011 at 9:00 a.m. in Conference Room #3.
6. The Board of County Commissioners will hold a Budget Workshop on Tuesday, November 8, 2011
immediately following the November Informal Monthly meeting in Conference Room #3.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to
the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any
individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County
Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 20, 2011 Convened: 9:00 a.m.
Adjourned: 10:10 a.m.
Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod
Mowery
Others Present: Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin,
OMB Director, Mark Satterlee, Planning /Development Director, Beth Ryder, Community Services Director,
Jim David, Mosquito Control Director, Debra Brisson, Parks and Recreation Director, Lauri Waldie, Utilities
Director, Millie Delgado -Feliciano, Deputy Clerk
INVOCATION
PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the September 6, 2011 meeting.,
Approve the minutes from the September 8, 2011 Tentative Budget Public Hearing.
It was moved by Com. Dzadovksy, seconded by Com. Lewis, to approve the minutes of the meeting held September
6, 2011 and September 8, 2011, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 11-140 — "Disability Awareness Month" in St. Lucie County.
Consider staff recommendation to approve to adopt Resolution No. 11-140 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Hutchinson, to approve Resolution No. 11-140, and;
upon roll call, motion carried unanimously.
B. COUNTY ATTORNEY
Resolution No. 11-110 — 2010 United Way Campaign
Consider staff recommendation to approve to adopt Resolution No. 11-110 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No. 11-110, and;
upon roll call, motion carried unanimously.
V. GENERAL PUBLIC COMMENT
Mr. Johnathan Ferguson, former Exchange Club member, addressed the Board with regard to the waiving of fees for
non-profit groups. He thanked the Board for waiving the fees for the PAL event coming up at the Fenn Center and
encouraged the Board to continue to waive fees for the non- profit organizations.
VI. CONSENT AGENDA
Com. Hutchinson requested item 6-1 be pulled for separate discussion.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda as amended, and;
upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 49, 50 and 51.
The Board approved Warrant List Nos. 49,50 and 51.
B. COUNTY ATTORNEY
Permission to File Suit Against Oxford Management Services, Inc.
The Board approved filing suit against Oxford Management Services, Inc. for breaching
the terms of the Job Growth Investment Grants.
B. COUNTY ATTORNEY CONTINUED
Approve Contract Amendment for Mental Health/Substance Abuse services offered by
New Horizons of the Treasure Coast in this current FY 2010/2011. The Contract
Amendment is as a result of the loss of the mental health grant funding which terminated
on June 30, 2011. Without requesting an increase in jail diversion funds, New Horizons of
the Treasure Coast will continue providing services of persons who are in the criminal
justice system.
The Board approved the amended contract with New Horizons.
3. Approve funding for Mental Health/Substance Abuse services offered by New Horizons of
the Treasure Coast. Funds will support housing, treatment and services of persons who
are in the criminal justice system and are mentally disabled. The objective of this funding
would be to provide alternatives to incarceration and to shorten the time required for
persons who meet criteria to enter mental health court and other case management
services.
The Board approved the contract with New Horizons. The contract will have a start date
of October 1, 2011, in compliance with services rendered since the start of the 2011/2012
fiscal year budget.
PA
4. Approve Siemens Healthcare Agreement for St. Lucie and Okeechobee Drug Screening
Lab Locations
The Board approved the Siemens Healthcare Diagnostics Inc. agreements for both the
Okeechobee and St. Lucie County Labs. Since the St. Lucie County Lab has a standing
agreement in place with Siemens since 2008, staff also recommends that the Board deem
Siemens as the Lab's provider in accordance with F.S. 287(2)(f)(7).
5. Community Development Block Grant — Interlocal Agreement with City of Port St. Lucie
for Disaster Recovery Initiative Funding
The Board approved the proposed Interlocal Agreement with the City of Port St. Lucie for
Community Development Block Grant Disaster Recovery Initiative Funding, and
authorized the Chairman to sign the Interlooal Agreement.
6. Children's Home Society of Florida, Treasure Coast Division — Fifth Amendment to June
22, 1993 Facilities Use Agreement
The Board approved the proposed Fifth Amendment to the June 22, 1993 Facilities Use
Agreement with Children's Home Society of Florida, Treasure Coast Division and
authorized the Chairman to sign the Amendment.
Platt's Creek Compensatory Mitigation Project — Deed of Conservation Easement in favor
of South Florida Water Management District
The Board approved the Deed of Conservation Easement in favor of South Florida Water
Management District, authorized the Chairman to execute the Deed of Conservation
Easement and directed staff to record the Deed of Conservation Easement upon
completion of the improvements in the Public Records of St. Lucie County, Florida.
B. COUNTY ATTORNEY CONTINUED
8. Transit Services — First Amendment to June 23, 2009 Master Transit Agreement with
Council on Aging of St. Lucie, Inc.
The Board approved the proposed First Amendment to the June 23, 2009 Master Transit
Agreement with Council on Aging of St. Lucie, Inc., and authorized the Chairman to sign
the amendment.
Permission to Advertise Ordinance No. 11-029 - Revoking Regulation of Firearms due to
State Preemption
The Board granted permission to advertise Ordinance No. 11-029 for a public hearing
before the Board of County Commissioners on October 18, 2011 beginning at 9:00 am or
as soon thereafter as may be heard.
10. St. Lucie County Health Department — Contract with Florida Department of Health for
Fiscal Year 2011-12
3
C
9
C
The Board approved the proposed Fiscal Year 2011-12 contract with the Florida
Department of Health and the Fiscal Year 2011-12 Fee Scheudle, and authorized the
Chairman to sign the contract, subject to adoption of the proposed Fiscal Year 2011-12
budget.
11. Naming Rights Agreement — Agreement with Sterling Facility Services, L.L.C.
The Board approved the Agreement with Sterling Facilities Services, L.L.C. and
authorized the Chairman to sign the Agreement.
12. Ordinance No. 11-030 — Solid Waste Exclusive Commercial Franchises — Permission to
Advertise
The Board granted permission to advertise the proposed Ordinance.
TRANSPORTATION PLANNING ORGANIZATION
Resolution No. 11-134, Budget Amendment
The Board approved Resolution No. 11-134 to amend the County budget in the amount of
$354,750 for receipt of grant funds on behalf of the St. Lucie TPO.
HUMAN RESOURCES
Prison Health Services Inmate HIV Medications Invoice for July, 2011
The Board authorized payment of Prison Health Services invoice number PHS0009780 for HIV
medications for the FY-2011 period of July 01, 2011 through July 31, 2011, in the amount of
$54,826.83.
Com: Dzadovsky advised staff that he was not happy with the cost of the medications and asked
what measures have been taken by other states to reduce these costs.
Staff advised the Board that many states have gone out for bid and he will investigate how they are
keeping their costs down.
Com. Craft asked staff to find out if we could piggyback with another entity.
The County Attorney stated the purchasing manual allows piggybacking..
Staff was directed to pursue ways to keep the cost down either by piggybacking or direct purchase
and return to the Board with the information.
ENVIRONMENTAL RESOURCES
Waiver of Right of First Refusal
The Board approved waiving the Right of First Refusal to accept ownership and management
responsibility for the SFWMD's Conservation Easement in the City of Ft. Pierce's Developers
Agreement with Industrial Developments International, Inc.
F. HOUSING & COMMUNITY SERVICES
Community Services:
Federal Transit Administration (FTA) 5316 Job Access Reverse Commute (JARC) Grant
The Board approved the acceptance of the FTA 5316 FL37-X061-00 grant, approved Budget
Resolution No. 11-141 and the agreement with the ARC of St. Lucie County, Inc.; and authorized
the Chairman to sign documents as approved by the County Attorney.
Com. Mowery expressed his disappointment on the amount of funding received especially with the
area having one of the highest numbers in foreclosures.
G. PARKS, RECREATION & FACILITIES
Savannas Lease Agreement
The Board approved a lease agreement with Katherine England for space for a mobile
home on Savannas property as outlined in the agenda memorandum and authorized the
Chairman to sign documents as approved by the County Attorney.
2. Waiver of Facility Rental Fees — The Havert L. Fenn Center for the Fort Pierce Police
Athletic League Fundraiser
The Board approved waiving facility rental, table and chair fees of $3,230.00 for the Fort
Pierce Police Athletic League Fundraiser at the Havert L. Fenn Center, as outlined in the
agenda memorandum.
Waiver of Savannas open space rental fees for the 2011 Sons of Confederate Veterans
Civil War Re -Enactment.
The Board approved waiving $1,200.00 in open space rental fees for the 2011 Raid on Ft.
Pierce Civil War Re -Enactment to be held at the Savannas Recreation Area as outlined in
the agenda memorandum.
H. IPLANNING & DEVELOPMENT SERVICES
Business Development & concurrency/Tourism:
Grant Agreement Extension Request for the Backus Gallery & Museum expansion project
The Board approved of the Tourist Development Council Grant Agreement Extension Request for
the Backus Gallery & Museum expansion project and authorized the Chairman to sign the
documents as drafted as approved by the County Attorney.
PUBLIC WORKS
Administration
Port Entrance — 2nd Street
Consider staff recommendation to approve of Supplemental No. 1 Joint Participation Agreement
with Florida Department of Transportation (FDOT) in the amount of $1,200,000 for Improvements
5
to Port Entrance, and Resolution No. 11-144 as outlined in the agenda memorandum and
authorize the Chairman to sign documents as approved by the County Attorney.
Discussion:
Com. Hutchinson questioned if the City of Ft. Pierce or FPUA will be coming to the table to help off-
set some of the costs.
The Public Works Director advised the Board he had some discussion with the utility and at this
point they are still in the final design stages for the utilities. The grant contract has to be between
the State and the County but they can attempt to secure possibly a match from the city and the
utility. They do not plan to go to construction for another 2 years so they feel they have time to
pursue some assistance.
Com. Hutchinson state she would like to direct staff to have these discussions with the city.
Com. Craft stated he believed they may only need a letter from the Board requesting their
assistance.
The Public Works Director advised the Board the funds are general fund dollars carried over
Com. Mowery expressed his concerns with general fund money being used for this project. He
believes this is not the right place or area to do this. project.
Com. Dzadovsky advised those present that the city has made a large investment in the second
street area in order to encourage businesses to come there.
Com. Mowery stated he only wanted to be cautious, he felt it was not a time to spend $1.2 million
from the general fund.
The Public Works Director stated they have some time and if it is approved to receive the grant,
they can then do a re -scope on what will be done, they can go back and make adjustments.
Com. Lewis stated the fly over is not a new concept and stated she would support securing the
grant to be able to do some type of renovation in the area. She also recommended sending a
letter to city stating they would welcome their participation.
Com. Craft stated if they have the ability to change the scope, then he would not have a problem
moving forward today.
The Public Works Director indicated they would need to bring it back in order to amend the scope
and have it written in a way that it could cover anything on Second Street. They could have a
discussion with the FDOT confirming use of funds and bring it back. They would also review the
language.
Com. Hutchinson stated she too would like to move forward with the cities participation.
Com. Dzadovsky and Com. Lewis both indicated they would like to proceed today.
Com. Craft stated he was not opposed to having the item brought back.
C.
It was the consensus of the Board (3 to 2) to have this item pulled and have it re-agendad at a later
date.
SHERIFF'S OFFICE
Permission to Accept the 2012 Edward Byrne Memorial Justice Assistance Grant (2012-JAGC-
STLU-2-C4-107) in the amount of $54,837.00.
The Board approved Budget Resolution No. 11-150 and authorized the acceptance of the Florida
Department of Law Enforcement (FDLE) 2012 Edward Byrne Memorial Justice Assistance Grant in
the amount of $54,837.00.
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Ordinance No. 11-028 — Tourist Development Tax
Consider staff recommendation to approve Ordinance No. 11-028 and authorize the Chairman to
sign the Ordinance.
Staff requested this public hearing be continued.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to continue the public hearing on
September 27th at 1:15 p.m., and; upon roll call, motion carried unanimously.
B. PLANNING & DEVELOPMENT SERVICES
Planning Division:
Ordinance No. 11-002 — TVC Overlay Zone Land Development Regulations revisions, 2nd reading
Consider staff recommendation to approve adoption of Ordinance No. 11-002 amending the TVC
Overlay Zone Land Development Regulations.
Staff requested this public hearing be continued to October 18th, 2011 at 9:00 a.m. or as soon
thereafter as it may be heard.
It was moved by Com.. Mowery, seconded by Com. Dzadovsky, to continue the public hearing on
October 18, 2011 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
REGULAR AGENDA
VIII. ADMINISTRATION
Central Florida Foreign Trade Zone (FTZ) #218 Board of Directors
7
Consider staff recommendation to select two applicants from the applications submitted to fill the two
vacancies on the Central Florida Foreign Trade Zone Board of Directors.
Upon tally of the votes, Mr. John Griffin and Mr. Robert Rovinsky were appointed to the Central Florida
Foreign Trade Zone Board of Directors.
IX. COUNTY ATTORNEY
Roads, Parks and Public Building Impact Fees — Interlocal Agreements with the City of Port St. Lucie
Consider staff recommendation to approve the Interlocal Agreements and authorize the Chairman to sign
the Interlocal Agreements.
It was moved by Com. Dzadovsky, seconded by Com. Hutchinson, to approve the Interlocal Agreements
and authorized the Chairman to sign, and; upon roll call, motion carried unanimously.
X. COUNTY ATTORNEY
Tourist Development Tax Revenue Bonds - Authorizing Resolution No. 11-151
Consider staff recommendation to approve Resolution No. 11-151 and authorize the Chairman to sign the
Resolution.
This item was pulled.
XI. COUNTY ATTORNEY
Second Amendment to August 1, 2003 Facilities Use Agreement - New York Mets; 2011 Expansion
Program
Consider staff recommendation to approve Second Amendment to August 1, 2003 Facilities Use Agreement
-New York Mets; 2011 Expansion Program
This item was pulled.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
FINAL BUDGET PUBLIC HEARING
Date: September 22, 2011 Convened: 6:00 p.m.
Adjourned: 6:30 p.m.
Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie
Hutchinson, Tod Mowery
Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Marie
Gouin, OMB Director, Jennifer Hill, Budget Manager, Millie Delgado -Feliciano, Deputy Clerk
The Management and Budget Director reviewed the agenda and provided information on the
roll back rate and the proposed aggregate millage rate. She indicated the rolled back rate is
8.4511 and the proposed aggregate millage rate is 8.0829 which are 4.36% below the rolled
back rate.
The County Administrator provided the following overview of the final budget for FY2012.
At the tentative budget hearing on September 8th, the Board reduced the county -wide millage
rate from 7.6995 to 7.1881.
The 7.6995 was the advertised tentative county -wide millage rate on the trim notice which
would have been an increase of .5114.
The September 8th adopted county -wide millage rate of 7.1881 includes:
The current countywide millage of 7.1367
And a shift of storm water millage of 0.0514
ESL Millage Rate
Millage FY10/11
FT 11/12 (next year)
7.1881
0.0459
0.0000
** This millage rate was the result of a referendum to issue bonds to acquire environmentally
sensitive lands. These bonds will be paid off at the end of FY11.
At the tentative budget hearing on September 8th, the Board set the tentative budget at:
$524,108,406.
Adjustments of $128,637 reduces the FY budget to: $523,979,769.
Fiscal Year 2011-2012 Final Budget of $523,979,769 as compared to FY 11 amended budget
$635,119,863 results in a minus of $11,140,094.
The Final FY 11-12 Budget of $523,979,769 is due to the following:
Tentative budget
Adjustments
• Carry Forward Funds* ($ 47,096)
• Grant Funds ($ 81,541)
Final FY 11-12 Budget
$524,108,406
($ 128,637)
$523,979,769
1
i
The Carry Forward Funds are being reduced to adjust budgets that had been carried over into
FY 12 where the purchases occurred in FY 11.
FY 11-12 BUDGET
$523,979,769
Property Tax Revenue $111,135,039
All Other Revenues $156,865,848
Fund Balance: One time Money*
Final FY 11/12 Budget $523,979,769
* Includes $54,374,139 in Budget Stabilization Funding
FY 2011-12 Operating Budget/General Fund -Fine and Forfeiture
General Fund -Fine &Forfeiture
2012 Operating Expenses (Change from $133,009,797
due to trueing up of expenses ) $133,603,292
2012 Operating Income Revenue $112,172,056 84%
2012 Operating Fund Balance (Savings) $ 21,431,236 16%
$133,603,292
General Fund/Fine &Forfeiture Fund Revenue
The incoming Revenues in the FY 12 tentative Operating
Budget adopted on September 8th $111,273,982
The following adjustments increases the FY 12 incoming
Operating Revenues:
Budget Transfers (Lakewood Park Drainage Project) $750,000
Board Fees (Transit) $ 9,375
Drug Lab — Okeechobee Expansion $ 96,000
Other Revenue Adjustments $ 42,699
Final FY 12 Incoming Operating Revenue Budget $112,172,056
The 2012 operating budget is an $B.OM reduction a (not $1.4M) from the FY 11 amended
operating budget.
Operating Reduction Highlights
- Supervisor of Elections reduction of $96,379; from $2,359,408 to $2,263,029
- The Clerk of Circuit Court reduction of $ 105,490; from $1,704,966 to $1,599,476,
- Sheriff's office reduction of $2,708,000; from $62,479,301 to $59,771,301.
($500,000 of the reduction is a shift of utility expenses to the County. The utilities had been
included in the Sheriff's budget in prior years but are the County's responsibility under Florida
Statutes).
Inmate Hospital Medical reduction of $2.5M from $5,138,681 to $2,677,351.
- BOCC operations are $5,196,727 from $45,577,737 to $40,381,010.
The BOCC FY 12 full time equivalent (FTE) count is 650 (92-93 staffing level)
The FTE count is projected to change slightly due to the following:
- County Administration, County Attorney and Human Resources staff have under taken a
review of the status and classifications of county positions.
- These reviews have found that in some cases, certain county personnel practices are not
compliant with federal and/or state labor regulations.
- To ensure compliance with the various regulations, where appropriate, new full-time or
part-time positions may have to be created and various other positions may have to be
reclassified.
- We anticipate that this will impact the FY 2012 budget
- Staff will bring back a budget amendment upon determination of the positions and
financial impact.
The following millages were read into the record
Fund Name
FY12 Final Millage Rate
General Fund
2.9221
Unincorporated Services (Fund Comm. Devel. MSTU)
0.4380
Drainage Maintenance MSTU (Stormwater Mgt. MSTU)
0.3497
Law Enforcement MSTU
0.5103
Fine & Forfeiture Fund
3.9699
Parks MSTU
0.2313
SLC Public Transit MSTU
0.1269
Mosquito Fund
0.2036
Erosion Control Operating Fund (Dist. E)
0.0925
Port I & S Fund
0.0154
Aggregate Millage Rate
8.0829
The Management and Budget Director commented on the ERATTA and substantive changes.
PUBLIC COMMENT
Ms. Kathryn Lavelle, Vice Chairperson for the United Veterans, addressed the Board and
thanked them for deciding to keep Veterans Services as is and not privatizing the service.
There was no discussion on the millage rate or the budget by the Board
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No. 11-
146, a resolution adopting the FY 2011-2012 Final Millage Rates, and; upon roll call, motion
carried unanimously.
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No.11-
147, a resolution adopting the FY 2011-2012 Final Budget, including the ERRATA and
substantive changes, and; upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
3
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
SPECIAL MEETING
Date: September 27, 2011 Convened: 1:20 p.m.
Adjourned: 1:40 p.m.
Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie
Hutchinson, Tod Mowery
Others Present: Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney,
Mark Satterlee, Planning/Development Services Director, Millie Delgado -Feliciano, Deputy Clerk
The Chairman advised those present they would be discussing the regular agenda items prior to
the public hearing.
REGULAR AGENDA
V. COUNTY ATTORNEY
Second Amendment to August 1, 2003 Facilities Use Agreement- New York Mets: 2011
Expansion Program
The County Attorney provided a brief history of the Mets as well as a review of the proposal.
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve the Second
Amendment to the August 1, 2003 Facilities Use Agreement with the New York Mets, and; upon
roll call, motion carried unanimously.
III. PUBLIC HEARING
Ordinance No. 11-028- Tourist Development Tax
Consider staff recommendation to approve Ordinance No. 11-028 and authorize the Chairman
to sign.
It was moved by Com. Hutchinson, seconded by Com. Lewis to approve Ordinance No. 11-028,
and; upon roll call, motion carried unanimously.
IV. COUNTY ATTORNEY
St. Lucie County Sports Complex; Resolution No. 11-151 Authorizing a Tourist Development Tax
Improvement and Refunding Revenue Bond Series 2011A and a Tourist Tax Refunding Revenue
Bond, Taxable Series 2011B.
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No. 11-
151, and; upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
County Attorney
ITEM NO. IV -A
DATE: October 4, 2011
REGULAR[]
PUBLIC HEARING [ ]
CONSENT [ x ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No. 11-062 - "National Business Women's Week".
BACKGROUND: Dorothy Kamm, with the Port St. Lucie Business Women, has
requested that this Board proclaim the week of October 17-22,
2011 as "NATIONAL BUSINESS WOMEN'S WEEK" in St. Lucie
County, Florida. The attached Resolution No. 11-062 has been
drafted for that purpose.
RECOMMENDATION:
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Staff recommends that this Board adopt the attached Resolution
No.11-062 as drafted.
Review and Approvals
[X] County Attorney:
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
RESOLUTION NO. 11-062
A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 17-22, 2011, AS
"NATIONAL BUSINESS WOMEN'S WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. More than seven million businesses in the United States are majority -owned by women that
drive the economy.
Since 1980, the Port St. Lucie Business Women have provided professional fellowship,
supported the local economy, and served the interests of women and children in the
community.
3. The Port St. Lucie Business Women have used their business skills to raise significant funds
that are annually distributed in Community Action Grants to local organizations that focus on
the needs of women and children.
4. The Port St. Lucie Business Women have supported the advancement of education of women
by annually awarding scholarships to those attending Indian River State College, as well as
through grants to members seeking to enhance their knowledge and credentials through
conferences and seminars.
NOW, THEREFORE, BE IT RESOLVED bythe Board of County Commissioners of St. Lucie County, Florida:
1. This Board does hereby proclaim the week of October 17-22, 2011, as "NATIONAL BUSINESS
WOMEN'S WEEK" in St. Lucie County, Florida.
2. This Board urge all citizens in Saint Lucie County, civic and fraternal groups, educational
associations, news media, and other community organizations to join in this salute to working
women by encouraging and promoting the celebration of the achievements of all business and
professional women as they contribute dailyto oureconomic and civic purposes, transforming
our community in a positive way.
PASSED AND DULY ADOPTED this
ATTEST:
DEPUTY CLERK
day of 2011.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
County Attorney
ITEM NO. IV-B
DATE: October 4, 2011
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No.11-142 - "Citizenship Day" and "Constitution Week"
BACKGROUND: Hall Riediger with the St. Lucie River Chapter of the Sons of the
American Revolution, has requested that this Board proclaim
September 17, 2011 as "Citizenship Day" and the week of
September 17, 2011 through September 23, 2011 as
"Constitution Week" in St. Lucie County, Florida. The attached
Resolution No. 11-142 has been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No.11-142 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [) DENIED
[) OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Aoprovals
[X] County Attorney: L•
Daniel S. McIntyre
RESOLUTION NO.11-142
A RESOLUTION PROCLAIMING SEPTEMBER 17, 2011 AS "CITIZENSHIP
DAY" AND FURTHER PROCLAIMING SEPTEMBER 17, 2011 THROUGH
SEPTEMBER 23, 2011, AS CONSTITUTION WEEK" IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. In remembrance of the signing of the Constitution and in recognition of the Americans
who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of
February 29,1952 (36 U.S.C.106, as amended), designated September 17th as "Citizenship Day", and by
joint resolution of August 2,1956 (36 U.S.C.108, as amended), requested that the President proclaim
the week beginning September 171h and ending September 23'd of each year as "Constitution Week".
2. This Board believes the citizens of St. Lucie County should recognize Citizenship Day and
Constitution Week and participate in any activities being held during that time.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim September 17, 2011, as "CITIZENSHIP DAY" in St. Lucie
County, Florida.
2. This Board does hereby further proclaim September 17, 2011 through September 23,
2011 as "CONSTITUTION WEEK" in St. Lucie County, Florida.
PASSED AND DULY ADOPTED this 41h day of October, 2011.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
J
AGENDA REQUEST
ITEM NO. IV-C
DATE: October 4, 2011
REGULAR[x]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 11-145 "DOMESTIC VIOLENCE AWARENESS
MONTH" in St. Lucie County.
BACKGROUND:
RECOMMENDATION:
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
It has been requested that this Board proclaim the month of
October 2011 as "DOMESTIC VIOLENCE AWARENESS MONTH" in St.
Lucie County, Florida. The attached Resolution No.11-145 has been
drafted for that purpose.
Staff recommends thatthe Board adopt the attached Resolution No.
11-145 as drafted.
Review and Approvals
[X] County Attorney:
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
RESOLUTION NO. 11-145
A RESOLUTION PROCLAIMING THE MONTH OF
OCTOBER 2011 AS "NATIONAL DOMESTIC VIOLENCE
AWARENESS MONTH" IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Domestic Violence transcends all ethnic, racial and socioeconomic boundaries. Its
perpetrators abuse their victims both physically and mentally, and the effects of their attacks are
far reaching, weakening the very core of our County.
2. Domestic Violence is particularly devastating because it so often occurs in the
privacy of the home, which is meant to be a place of shelter and security.
3. During the month of October, Americans should contemplate the scars that
domestic violence leaves on our society and what each of us can do to prevent it.
4. Because domestic violence usuallytakes place in private,'many Americans may not
realize how widespread it is. Each year in the United States, approximately 1.5 million women are
raped and/or physically assaulted bytheircurrent orformer husbands, partners and/or boyfriends.
5. Many of these women are victimized more than once over the course of a year. As
unsettling as these statistics are, it is also disturbingto realize thatthe children of battered women
frequently witness these attacks, thus becoming victims themselves.
6. Our prosecutors, law enforcement officers and victim advocates have worked hard
to reduce domestic violence in our County and to assist victims and their families.
7. Through education, awareness and enforcement, we are striving to prevent
domestic violence and sexual assault. Public action awareness will create a society that promotes
strong values, fosters a safe and loving home environment for every family and refuses to tolerate
domestic violence in any form.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim the month of October 2011 as "NATIONAL
DOMESTIC VIOLENCE AWARENESS MONTH" in St. Lucie County, Florida.
2. This Board urges all citizens to actively participate in the scheduled activities and
programs sponsored by SafeSpace, Inc. to work toward the elimination of personal and
institutional violence against women.
PASSED AND DULY ADOPTED this 4th day of October 2011.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
CONSENT
AGENDA
ITEMS
09/23/11 ST. LUCIE COUNTY - BOARD PAGE
FZABWARR
WARRANT LIST #k52- 17-SEP-2011 TO 23-SEP-2011
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
400,556.88
30,602.00
001194
U.S. Dept of Housing & Community
132.00
0.00
001446
EMPA FY12
53.25
0.00
001512
Neighborhood Stabilization Program
85.33
0.00
00151E
Section 112/MPO/FHWA/Planning
643.00
0.00
001519
CDBG FY 2008 Disaster Recovery
43,668.74
0.00
001526
SRL - 3739 S. 25th St.
3,200.00
0.00
001528
SRL - 614 Faber Ave.
35,000.00
0.00
001529
CSBG FY 2011
1,106.60
0.00
001533
Energy Efficiency & Conservation B1
104,215.00
0.00
001537
HUD Shelter Plus Care 2010
8.38
0.00
001539
Safe Routes to School Program
137.50
0.00
001540
EMPG FY12
58.18
0.00
101
Transportation Trust Fund
174.99
0.00
101002
Transportation Trust/80o Constitut
16,012.9B
0.00
101003
Transportation Trust/Local Option
2,546.00
0.00
101004
Transportation Trust/County Fuel Tx
17,936.31
0.00
101006
Transportation Trust/Impact Fees
38,876.37
0.00
102
Unincorporated Services Fund
206,535.52
0.00
102001
Drainage Maintenance MSTU
83,946.90
0.00
107
Fine & Forfeiture Fund
51,570.77
2,462.06
107001
Fine & Forfeiture Fund -Wireless Sur
16,638.89
0.00
107003
Fine & Forfeiture Fund-800 Mhz Oper
6,677.45
0.00
107006
F&F Fund -Court Related Technology
12,411.20
0.00
129
Parks MSTU Fund
1,572.98
0.00
130109
FTA 5307 Capital and Operating
0.00
4,171.66
140
Airport Fund
7,224.25
0.00
140001
Port Fund
148.80
0.00
160
Plan Maintenance RAD Fund
5,909.11
0.00
183
Ct Administrator-19th Judicial Cir
4,430.04
0.00
183001
Ct Administrator-Arbitration/Mediat
480.00
0.00
183004
Ct Admin.- Teen Court
1,413.65
0.00
183006
Guardian Ad Litem Fund
34.26
0.00
184215
DEP Ft Pierce Shore Protection 2012
29,370.00
0.00
184216
FDEP S SLC Beach Restoration
22,270.49
0.00
190
Sports Complex Fund
25,376.78
0.00
215
Sales Tax Revenue Bonds I&S Fund
2,000.00
0.00
216
County Capital I&S
1,202.00
0.00
217
State Revenue Sharing Bonds I&S Fnd
1,000.00
0.00
315
County Building Fund
65,496.00
0.00
316
County Capital
4,999.00
0.00
318
County Capital -Transportation Bond
17,138.72
0.00
396
Lennard Road 1 - Roadway Capital
6,485.00
0.00
401
Sanitary Landfill Fund
206,864.51
0.00
418
Golf Course Fund
6,511.91
0.00
451
S. Hutchinson Utilities Fund
1B,561.25
0.00
471
No County Utility District-Operatin
23,734.37
0.00
478
No Cty Util Dist -Renewal & Replace
2,131.06
0.00
70
09/23/11 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #52- 17-SEP-2011 TO 23-SEP-2011
FUND SUMMARY
FUND TITLE
479 No Cty Util Dist -Capital Facilities
491 Building Code Fund
505 Health Insurance Fund
505001 Property/Casualty Insurance Fund
611 Tourist Development Trust-Adv Fund
625 Law Library
666 SLC Economic Development Trust Fund
801 Bank Fund
GRAND TOTAL:
EXPENSES
1,700.00
315.34
435.30
5,124.52
1,040.00
49, 926. 79
25,000.00
28,780.77
1, 609, 069.14
PAGE 2
PAYROLL
0.00
0.00
796.80
0.00
0.00
0.00
0.00
0.00
38,032.52
71
09/30/11 ST. LUCIE COUNTY - BOARD PAGE 2
FZABWARR
FUND TITLE
WARRANT LIST *53- 24-SEP-2011 TO 30-SEP-2011
FUND SUMMARY
183 Ct Administrator-19th Judicial Cir
183004 Ct Admin.- Teen Court
183006 Guardian Ad Litem Fund
185012 FHFA SHIP 2010-2011
189101 Home Consortium FY 2008
189102 Home Consortium 2009
189103 Home Consortium FY 2010
1B9104 HUD Housing Counseling Grant
189203 Hardest Hit fund Advisor Services
190 Sports Complex Fund
310001 Impact Fees -Library
316 County Capital
316001 5th Cent Fuel -Capital
318 County Capital -Transportation Bond
362300 FDOT Airport Terminal Renovations
37002 West First Street MSBU Capital
401 Sanitary Landfill Fund
418 Golf Course Fund
451 S. Hutchinson Utilities Fund
458 SH Util-Renewal & Replacement Fund
471 No County Utility District-Operatin
478 No Cty Util Dist -Renewal & Replace
479 No Cty Util Dist -Capital Facilities
491 Building Code Fund
505 Health Insurance Fund
505001 Property/Casualty Insurance Fund
611 Tourist Development Trust-Adv Fund
615 Impact Fees Fund
801 Bank Fund
EXPENSES PAYROLL
3,376.39
3,105.65
23,758.40
3,183.42
340.00
0.00
9.12
119.30
4,270.41
295.51
94.03
1,229.14
8,894.07
445.38
94.75
1,238.B8
7.90
103.20
4,032.15
16,523.58
10,383.18
0.00
839.80
0.00
34,098.80
0.00
9,277.07
0.00
6,596.90
0.00
4,600.00
0.00
75,881.03
51,477.71
2,889.01
15,700.50
10,761.29
4,523.93
5,822.65
665.15
2,405.28
7,131.91
92.79
1,213.08
80.05
1,045.92
1,291.16
16,877.56
966,336.25
1,186.40
377.10
4,929.37
6,583.67
1,901.01
7,193.28
0.00
185,324.77
0.00
GRAND TOTAL: 2,793,366.12 955,805.84
09/30/11 ST. LUCIE COUNTY - BOARD
PAGE
FZABWARR WARRANT LIST #53- 24-SEP-2011 TO 30-SEP-2011
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
427,000.37
445,719.78
001446
EMPA FY12
1,000.00
0.00
001447
FTCD Planning Grant Agr FY11-12
88.69
1,153.94
001448
Residential Construction Mitigation
1.79
28.95
001512
Neighborhood Stabilization Program
1,192.72
2,346.77
001518
Section 112/MPO/FHWA/Planning
33,243.90
8,482.99
001519
CDBG FY 2008 Disaster Recovery
818.19
891.14
001526
SRL - 3739 S. 25th St.
44,000.00
0.00
001529
CSBG FY 2011
9,716.87
3,345.23
001534
Metropolitan Planning/Section 5303
142.76
1,796.11
001538
HUD Neighborhood Stab 3
50.70.
662.70
001539
Safe Routes to School Program
196.87
612.61
101
Transportation Trust Fund
3,790.69
32,973.45
101001
Transportation Trust Interlocals
94.67
1,237.60
101002
Transportation Trust/804 Constitut
12,951.32
42,B58.04
101003
Transportation Trust/Local Option
11,933.66
13,975.77
101004
Transportation Trust/County Fuel Tx
2,079.57
15,757.11
101006
Transportation Trust/Impact Fees
13,751.56
0.00
101112
FHWA FDOT Walton Road Widening
282,560.83
0.00
102
Unincorporated Services Fund
6,703.32
65,374.38
102001
Drainage Maintenance MSTU
975.36
11,115.69
102812
Paradise Park Stormwater Ph 3
11,895.66
5,437.31
104
Grants & Donations Fund
131,743.84
0.00
105
Library Special Grants Fund
124.93
0.00
107
Fine & Forfeiture Fund
36,424.77
140,379.51
107001
Fine & Forfeiture Fund -Wireless Sur
653.22
915.76
107002
Fine & Forfeiture Fund-E911 Surchar
73.16
915.78
107006
F&F Fund -Court Related Technology
12,226.43
8,736.95
129
Parks MSTU Fund
630.00
0.00
130
SLC Public Transit MSTU
65,181.06
0.00
130100
FTA 5307 Capital and Operating assi
2,150.99
0.00
130101
FTA Operating and Capital Assist
26,453.91
0.00
130102
FTA 5307-ARRA 2009 Capital Projects
1,186.80
0.00
130103
FTA 5316 Job Access And Rev Commute
26,400.30
0.00
130104
FTA 5317 New Freedom Enhanced Servi
11,540.97
0.00
130105
FTA 5307-2 2009 Cap & Oper
493.12
0.00
130107
FTA 5311 Block Grant
9,318.77
0.00
130109
FTA 5307 Capital and Operating
159.56
2,085.83
130210
FDOT 5311 Block Grant
149,982.34
0.00
130213
FCTD Trip and Equipment
28,704.70
0.00
140
Airport Fund
7,999.13
11,472.16
140001
Port Fund
100.00
0.00
140366
FDOT-Stormwater Pollution Prev.
3,596.40
0.00
140369
FDOT Taylor Crk Perm. Spoil Site Co
29,B00.00
0.00
140372
FDOT Term/Cus Fac Ren Phs 1
4,397.00
0.00
150
Impact Fee Collections
116.52
1,523.20
160
Plan Maintenance RAD Fund
3,507.40
3,110.46
181
SLC Housing Finance Authority Fund
500.00
0.00
AGENDA REQUEST
ITEM NO: VI-B-1
DATE: October 4, 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
Clyde D. Crouch
Gate across Gordy Road North of Midway Road
BACKGROUND: See an 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
Clyde D. Crouch to record the document in the Public Records of St. Lucie
County, Florida.
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER
[x] County Attorney:
Daniel McIntyre
[x] Originating Dept:
J fY�2
JoAnn Riley
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Annrovals
[x] Road and Bridge:
Don Pauley i �f
[x] Engineering: O
Mike Powley
[x] Public Works: .
Don West
[] County Surveyor:Z/A/
Ron Harris
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: October 4, 2011
SUBJECT: Revocable License Agreement
Clyde D. Crouch
Gate across Gordy Road North of Midway Road
BACKGROUND:
Mr. Crouch requests permission to install a double wide gate across the right-of-way of Gordy Road
North of Midway Road.' He has asked to put up this gate to stop the dumping of debris and letting
their cattle out. When the fence is cut to gain access it causes the cattle to wander onto Midway
Road, which is very dangerous for motorists and a nuisance for himself and law enforcement who are
called to round up the cattle so no one gets hurts. The idea of the new location of the gate is
trespassers can be seen from Midway Road, it will deter dumping, parking of occupied and
unoccupied vehicles and trespassers could be seen cutting the fence to hunt and fish on the
property.
Staff has approved the Revocable License Agreement with the understanding if the gate creates
any problems, the gate will be removed or relocated at the Licensee's sole expense. Mr. Crouch
already has an agreement with Florida Power and Light, South Florida Water Management District,
St. Lucie County Sheriff's Office and St. Lucie County Road and Bridge, who each have their own
lock and a shared chain on other gates on the property and will include this gate. Mr. Crouch will
absorb all expense to purchase a gate and labor to install. Mr. Crouch says there is nothing on the
road other than the property they use to graze their cattle herd for the last 15 years.
RECOMMENDATION:
Staff recommends that the Board approve the Revocable License Agreement, authorize the
Chairman to sign the Revocable License Agreement and direct Clyde D. Crouch to record the
document in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
TQAnn Riley
Property Acquisition Manager
5. GORDY ROAD GATE LOCATION w-- 01 E.
DISCLAIMED,
St Lame Comry makes no we renty, rep—ruauon err guerenN es m the cmnenl. sequence. ecsuracy. urum,..s or comgeleness of m, of the geodate ideurnatbn pmtided herein.
M...eraaue not relyan-care P.—na..'or any roamer S1.L.-L-ray-41-Uym—I-any rmleaunt-naa. wmmnees, incluoi1,—OW ammagn, are "I.00.0�01 0.02 0.03 0.04
Mws ofmmCi9ntehiety eM hiress for epanicuor WNose,R. Lucre Counryaha'I assume na6ehalylor.I.Anywors.amsslons,orinmccurecuesntoe i ® i ®Miles
hlormaum provioetl regaNIBSS of how caused: err 2. Any Oen4pn made err Btllan taken NMI raker by BM parser n ralwnce upan my mtarmatwn or dena lumiahed hereunder.
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Janet Licausi
From: Cdcsdc@aol.com
Sent: Thursday, July 28, 2011 11AS PM
To: Janet Licausi
Subject: Gordy Road off Midway Road
Mr. Don Pauley,
I am sending this e-mail in reference to the county road named Gordy Road off of Midway Road, West of Interstate 95. We
have held the leases for over
15 years to operate our commercial cattle operation on all the property that has Gordy Road as road frontage.
Over the years we have had people drive on the Gordy Road access that goes directly to three of our access gates. The first gate
opens where the power lines are, the second and third gate are at the end of the Gordy Road.
There isn't anything on this road other than the property we use to graze our cattle herd. The complaint I am having with this
road is that people are driving to the back unseen from Midway Road, they are trespassing to go hunting and fishing without
permission to enter any of the property ( huge liability on property owner and myself the lease holder).They enter by cutting the
fence and driving into the property again not being seen from Midway Road. This causes a huge liability on us by them letting
the cattle exit the property. Which has cause us many times during the night to have to put cattle back in from cut fences that
have roamed to Midway Road. We are always being notified by the St. Lucie County Sheriff office. But the worst part is the
garbage being dumped by the public, we will find appliances,furniture, trash bags. This is continually making this road look
terrible. They find it easier and less costly to dump their garbage on this section of Gordy Road.
What I am asking is it would be possible to place a gate across Gordy Road set back from its entrance from Midway Road. The
only people other than myself and property owner that need to access this road is FPL, South Florida Water Management, St.
Lucie Sheriff Office, and St. Lucie County Road & Bridge, and any other county department you may need to access the road.
Current we each have our own locks in a share chain on the gates already on this Gordy Road so anyone that needs entry, has
their own lock and keys. l would be willing to absorb all expense to purchase a gate and labor to install. Everyone that already
has access would put their lock on the new gate to allow them access, as they have on the other gates.
If the gate shall be allowed this will reduce the garbage dumping, parking of occupied and unoccupied vehicles, trespassers, and
cattle exiting onto Midway Road. Could you please review my request and call me at your earliest convenience. My numbers are
listed if you have any questions.
Thank You,
Clyde Crouch
772-216-2290 Cell
772-464-3284 Home
1
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of 2011, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and
CLYDE D. CROUCH, whose address is 2101 Trowbridge Road, Fort Pierce, FL 34945-4622 (the
"Licensee").
WHEREAS, the Licensee requests a Revocable License Agreement for a double drive gate across
Gordy Road right-of-way. Exhibit A
WHEREAS, the County is willing to permit the Licensee to install a double drive gate for the sole
purpose of preventing dumping of debris, trespassing and cutting fences on their leased property subject
to the terms and conditions set forth in this Revocable License Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree
as follows:
1. The County agrees to grant the Licensee a Revocable License Agreement for a double
drive gate which will be across the right-of-way of Gordy Road, allowing a reasonable queue distance to
be approved by Road and Bridge Manager. Approximate location is shown in Exhibit A. This Revocable
License Agreement shall extend only to the referenced location and double drive gate and shall not extend
to the construction and/or installation of any additional structures or utilities.
2. The sole purpose of this Revocable License Agreement is to grant the Licensee
permission to install and maintain the double drive gate in the right-of-way of Gordy Road at the Midway
Road location. Property owners on Gordy Road, i.e. Florida Power and Light, South Florida Water
Management District, St. Lucie County Sheriffs Office must be notified of the gate immediately on
installation of the gate in order to install their lock to enter the property when needed. The Licensee
agrees that if the County Engineer and/or Road and Bridge Manager determine the gate is creating
problems or any property owner on Gordy Road cannot access their property for any reason the gate shall
be removed or relocated at the Licensee's sole expense.
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes
the Licensee to install the double drive gate in the right-of-way of Gordy Road.
4. The Licensee shall install the gate in accordance with all applicable codes, and safety
regulation of the County. The County Public Works Department shall be provided a key for the gate.
The gate shall not interfere with County use of the right-of-way and any damage to the right-of-way shall
be repaired by Licensee.
5. This Revocable License Agreement shall be binding only for the Licensee mentioned in
Paragraph Twelve (12) of this Agreement.
6. The County shall have the right, at the sole discretion of the County Engineer or Road
and Bridge Manager, to terminate this Agreement with or without cause and require removal of the gate at
the Licensee's sole expense upon ninety (90) days written notice to the Licensee. The County Engineer
or Road and Bridge Manager may, in lieu of termination, request that the Licensee perform certain
alterations to the gate or the location of the gate, at the Licensee's sole expense. However, if such
alterations are not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the
County shall be entitled to exercise its right to terminate this Agreement.
7. Upon the abandonment of the Licensee's use of the property, the expiration of this
Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs
first, the Licensee shall be responsible for the removal of the gate and repair of the right-of-way, if
necessary.
8. The term of this Revocable License Agreement shall begin on the date first above written
and shall remain in effect unless otherwise revoked or abandoned as provided herein.
9. Licensee agrees to relocate the referenced gate at any time and at no cost to the County, if
necessary for the maintenance or improvements of the rights -of -way by the County.
10. The gate shall be installed in accordance with all applicable building codes and permitting
regulations of the County and shall be maintained solely at the expense of the Licensee. Any maintenance
or relocation activity will be subject to the written approval of the County Engineer.
11. The Licensee agrees to allow County_ employees access to the location of the gate for
County purposes as determined by the County Engineer.
12. All notices, request and other communications dealing directly or indirectly with this
License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by
messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid)
return receipt requested, address to:
As to County:
County Engineer
Engineering Division
2300 Virginia Avenue, 2nd Floor
Fort Pierce, FL 34982
As to Licensee:
Clyde D. Crouch
2101 Trowbridge Road
Fort Pierce, FL 34945-4622
With Copies to:
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this section.
Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date
upon which the return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed.
13. As consideration for the County granting this Revocable License Agreement the Licensee
agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages,
expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable
attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management,
or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or
resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever,
sustained during Licensee's use of the property.
14. The Licensee shall promptly record this Revocable License Agreement in the Official
Records of St. Lucie County, Florida. The Licensee shall pay any document excise taxes and the cost of
recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above
first written.
ATTEST:
DEPUTY CLERK
STATE OF FLORIDA
COUNTY OF
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
CLYDE D. CROUCH
The foregoing instrument was acknowledged before me this J day o' 2011, by CLYDE D.
CROUCH who produced (type of identification) and who did takean oath.
WITNESS my hand and official seal, this day of 2011.
My commission expires:
ELLEN CIANCOLA
NOTARY PUBLIC
. e•STATE OF FLOWDA
.r
Cornet# DD0927112
qAipature!o-f—Xotary Public
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AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
SUBJECT: Street Name Change
Douglas Road to Douglas Street
Resolution No. 11-143
BACKGROUND: See an attached Memorandum
FUNDS AVAILABLE: N/A
ITEM NO: VI-B-2
DATE: October 4, 2011
REGULAR [ ]
PUBLIC HEARING
Leg. [ ] Quasi -JD [ ]
CONSENT[X]
PRESENTED BY:
JoAnn Riley
Property Acquisition Manager
PREVIOUS ACTION: November 26, 1969 - Resolution No. 69-102 Naming Douglas Road
RECOMMENDATION: Staff recommends that the Board approve Resolution No. 11-143,
authorize the Chairman to sign the Resolution and direct staff to notify
the appropriate Utilities, the U. S. Postal Service, the Property
Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and
record the Resolution in the Public Records of St. Lucie County,
Florida.
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[x] County Attorney:
[x] Road and Bridge: '2
' l
[x] Public Works:
Daniel McIntyre
Don Pauley
Don West
[x] Originating Dept: ' Md-
A�
[x] Engineering: �•V
�j
[x] County Surveyor: e2w
JoAnn Riley
Mike Powley
Ron Harris
PROPERTYACQUISITION DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: October 4, 2011
SUBJECT: Street Name Change
Douglas Road to Douglas Street
Resolution No. 11-143
BACKGROUND:
The Property Acquisition Division has been notified there are property owners with different
street names on the same road. This is a public safety issue. Some property owners use
Street and Avenue for Douglas Road. In 1969, the Board approved the name Douglas Road.
For some reason none of the property owners are using Road as their address.
On July 27, 2011, Property Acquisitions sent letters to the property owners asking if they had
a preference, and if not, County staff would ask the Board of County Commissioners to change
the name to Douglas Street. Most of the residents are using Street. Staff received no
responses and therefore is asking the Board to approve the name Douglas Street. Staff will
notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the
Supervisor of Elections, the St. Lucie County Sheriff and 911 for safety and notification
purposes.
RECOMMENDATION:
Staff recommends that the Board approve Resolution No. 11-143, authorize the Chairman to
sign the Resolution and direct staff to notify the appropriate Utilities, the U. S. Postal
Service, the Property Appraiser, the Supervisor of Elections, St. Lucie County Sheriff and
record the Resolution in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
V�
Ann Riley
Property Acquisition Manager
N
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OISGWMER
St Lucle Ceunty makes no w Aty.,repreaeMatien ar puerany es to the anlent, sequerce,aaurery,4melFese, or anpleteness of any of the yeodete Inlormetien provided-1,
The re ader should not roy en the W. p.M.d herein br any reason. St. Luck Ceuntye,ptickly dixhh, any representetbns e,d ynrranbes. In,Wdi,q.y h- llmMetbn, the lmpk,d 0 0.01250.025 0.05 0.075 0.1
rranties of march Wbilfty.r rMese la a pallicWarpurpose.SI.LucleCouny shallassume no kabihy Far:1.Myertors,eMsslons. or Ineccuraciea M the Miles
Wormelisn pr W.d reparNesa of howcaused:er2.Mydecblon made oradbnteken or.1taken by any person in relienca upon enylnformatbn or dela furnished hereunder.
N
5 : 6&! 7CHANGE DOUGLAS ROAD TO DOUGLAS STREET, E
S
DISCLAIMER
St. Luce County makes no warranty, mMm,lation or guaranty as to the oontent, sequence, accuracy, timeliness, or completeness of any of the geodate Information provided herein.
he reader shomd not rely on Ina data provided herein for any reason. St.Luele County erpticdry disaaims any repres,nt,tmm and wananties, inauding, withoutlimnabon, the knplied 0 0.01250.025 0.05 0,075 0.1
re Wea et mercnantabllity and fitness for a panbular purpose. SL Lucre County shall aswme no liability for: 1. Any enure. omiml,ns, or iwcwreaes in the Mlles
Information povided raga houses of how caused, or 2. Any deaaon made or action taken or not taken by any perwn in reliance upon any infonnalpn or data mmiahed hereunder.
RESOLUTION NO. 11-143
A RESOLUTION RENAMING
DOUGLAS ROAD TO DOUGLAS STREET
LYING IN SECTION 20, TOWNSHIP 35 SOUTH,
RANGE 40 EAST OF ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Section 336.05(1), Florida Statues, authorizes the Board
of County Commissioners to name and rename streets and roads lying
outside the boundaries of any incorporated municipality.
2. Ordinance No. 87-8, Part A, St. Lucie County Code of
Ordinances Section 1-17-54, there shall be no duplication of street
names in St. Lucie County.
3. Road and Bridge, Planning and Development Services,
Public Safety and the Property Acquisition Division have reviewed,
verified and approve the renaming of Douglas Road to Douglas
Street.
4. Douglas Road is located in Section 20, Township 35 South,
Range 40 East of St. Lucie County, Florida, shall be named Douglas
Street.
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
A. Douglas Road located in Section 20, Township 35 South,
Range 40 East of St. Lucie County, Florida, shall be named as
Douglas Street.
B. The Property Acquisition Division is hereby directed to
notify the appropriate Utilities, the U.S. Postal Service, the
Property Appraiser, the Supervisor of Elections, the St. Lucie
County Sheriff and record the Resolution in the Public Records of
St. Lucie County, Florida.
Af ter motion and second, the vote on this Resolution was as
follows:
Chairman Chris Craft
Vice Chairman Chris Dzadovsky
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED this 4th day of October, 2011.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
r
RESOLUTION -NO. 69-102
'BE IT RESOLVED by the Board of County. Commissioners
of St. Lucie County in meeting assembled this 25th.d.ay
of November, 1969 that the County maintained road
running east from the intersection. of Kirby Loop Road
and, South 35th Street in Section 20; Township 35 South,
Range 40 East, be and the same is hereby named Douglas
Road.
BOARD OF COUNTY COMMISSIONERS
ST. LU E COUNTY..
By Is
Chairman
Attest:.•"
Clerk
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The undersigned, Clerk of the Board of County
Commissioners of the County and State aforesaid, does
hereby certify that the above and foregoing is'a true'
and correct copy of a resolution adopted by the said
Board of County Commissioners at a meeting held on the
25th day of November, 1969 and which has been duly
recorded in the Official Minutes of said Board.
WITNESS my hand and the seal of said Board, -'this
2� day of November, 1969.
ROGER P.OITRAS, CLERK CIRCUIT COURT
Byt.�l J6t
v Clerk
v
AGENDA REQUEST
.ITEM NO. VI-B-3
DATE: October 4, 2011
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney Daniel S. McIntyre
County Attorney
SUBJECT:
Ordinance No. 11-025 Relating to Secondary Metals Recyclers;
Permission to Advertise
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board grant permission to advertise
Ordinance No. 11-02S as drafted.
COMMISSION ACTION:
CONCURRENCE:
[ ] APPROVED [ j DENIED
[ j OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney:
Management & Budget Purchasing:
Daniel S. McIntyre
Originating Dept,
Public Works Din County Eng.:
Finance: (Check for copy only, if applicable)
Eff. 5/96
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 11-1267
DATE: September 23, 2011
SUBJECT: Ordinance No. 11-025 Relating to Secondary Metals Recyclers; Permission to
Advertise
ssss»»sssss»:s»sss»»s»ss»sssss»»»»»sss»»»sssss»»sssss»»ss»ssssss:sss»»ssssssssss»»
BACKGROUND:
The St. Lucie County Sheriffs Office has requested that the County consider further regulating the
secondary metals recycling industry. According to the Sheriffs Office, scrap metal dealers are required to
gather identification and description of scrap metals, however, they are not required to report to law
enforcement as are pawn shops and second hand dealers. Several local governments, including Hillsborough
County and Orange County, have adopted ordinances regulating secondary metals recyclers. On December
8, 2009, the Florida Attorney General issued an opinion (AGO 2009-55, copy attached) to the effect that local
governments may adopt more restrictive local regulations for secondary metals recyclers than those set forth
in Part I, Chapter 538, Florida Statutes.
Attached to the memorandum is a copy of draft Ordinance No. 11-025 which, if adopted, would
provide for some of the following requirements:
elective reporting to law enforcement
proof of ownership/origin of certain items
requiring either electronic deposit payments and/or payment by check in the mail within
3 days to the address on the identification provided
The ordinance was drafted using the Orange County ordinance as a model.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board grant permission to advertise Ordinance No. 11-025 as drafted.
ly subm
DaniVS. McIntyre
County Attorney j
DSM/caf
Attachment
t
Advisory Legal Opinion - Secondary metals cyclers, regulation by county Pagel of 5
Florida Attorney General
Advisory Legal Opinion
Number: AGO2009-65
Date: December 8, 2009
Subject: Secondary metals cyclers, regulation by county
Ms. Renee Francis Lee
County Attorney
Hillsborough County, Florida
Post Office Box 1110
Tampa, Florida 33601
RE: COUNTIES -,SECONDARY METALS RECYCLERS - ORDINANCES - PREEMPTION
- SHERIFF - preemption of field of regulation of secondary metals
recyclers to state. s. 538.17, Fla. Stat.; Part II, Ch. 538, Fla.
Stat.
Dear Ms. Lee:
On behalf of the Board of County Commissioners and the Hillsborough
County Sheriff's Office, you have asked for my opinion on
substantially the following question:
Is Hillsborough County authorized to enact an ordinance imposing
additional restrictions on secondary metals recyclers who are
currently regulated under Part II, Chapter 538, Florida Statutes, or
do those statutory provisions preempt this area of regulation to the
state?
In sum:
Hillsborough County is authorized by section 538.17, Florida
Statutes, to adopt more restrictive local regulations for secondary
metals recyclers than those set forth in Part II, Chapter 538,
Florida Statutes.
According to your letter and that submitted on behalf of the Sheriff
of Hillsborough County, there is a question whether the provisions
of Part II, Chapter 538, Florida Statutes, preempt local regulation
of secondary metals recyclers. The type of local regulation being
considered would mandate that secondary metals recyclers located
within Hillsborough County maintain that data required by section
538.19, Florida Statutes, in a uniform electronic format. While this
office does not comment on the specific terms of local legislation,
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Advisory Legal Opinion - Secondary metals cyclers, regulation by county
Page 2of5
the issue of preemption is a constitutional and statutory one and my
general comments addressing preemption follow
Hillsborough County operates under a constitutional home rule
charter as provided in section 24, Article VIII of the Florida
Constitution of 1885.[1] Section l(g), Article VIII, Florida
Constitution, provides:
"Charter government. Counties operating under county charters shall
have all powers of local self-government not inconsistent with
general law, or with special law approved by vote of the electors.
The governing body of a county operating under a charter may enact
county ordinances not inconsistent with general law:"
Thus, charter counties have a direct constitutional grant of broad
Powers of self-government, which include the power of county
citizens to enable their county to enact regulations of county -wide
effect. However, while charter counties possess extensive powers of
self-government, legislation by such counties may not be
inconsistent with provisions of general law.[2] In Jordan Chapel
Freewill Baptist Church v. Dade County,[3] the court discussed
whether a Dade County ordinance conflicted with state law. According
to the court:
"Legislative provisions are inconsistent if, in order to comply with
one provision, a violation of the other is required . . . . [T]he
sole test of conflict for purposes of preemption is the
impossibility of co -existence of the two laws. Courts are therefore
concerned with whether compliance with a County ordinance requires a
violation of a state statute or renders compliance with a state
statute impossible."[4] (emphasis in original)
In Campbell v. Monroe County,[5] the district court of appeal struck
down a county ordinance as conflicting with state statutes adopted
to prohibit discrimination against manufactured housing. While the
court recognized that a Florida county is authorized to enforce
zoning requirements which primarily regulate aesthetic appearances
within residential areas, the court found the local ordinance
violative of a state statute requiring that such regulations be
enforced "without any distinction as to whether such building is a
conventionally constructed or manufactured building[.]11[6] The court
noted:
"An ordinance must not conflict with any controlling provisions of a
state statute and if any doubt exists, doubt is to be resolved
against the ordinance in favor of the statute."[7]
Thus, while counties have broad powers of self-government, they may
not adopt local legislation which conflicts with state law or on a
subject which has been preempted to state regulation.
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Advisory Legal Opinion - Secondary metals cyclers, regulation by county Page 3 of 5
Nothing in Chapter 538, Florida Statutes, indicates that the
Legislature intended to preempt the field of regulation of secondary
metals recyclers.[8] Rather, section 538.17, Florida Statutes,
specifically provides:
"Nothing in this chapter shall preclude political subdivisions of
the state and municipalities from enacting laps more restrictive
than the provisions of this chapter.,,
While this language appears in Part I, Chapter 538, Florida
Statutes, dealing with secondhand dealers, the language of the
section relates to "this chapter." Part II of Chapter 538, Florida
Statutes, regulates secondary metals recyclers specifically, but
again, the language used by the Legislature clearly contemplates
local regulation of all topics controlled by Chapter 538., Florida
Statutes.
This conclusion is supported by the legislative history surrounding
the enactment of Chapter 89-533, Laps of Florida, which created
Chapter 538. The Final Staff Analysis and Economic Impact Statement
for Senate Bill 16-B which became Chapter 538, Florida Statutes
(1989), notes that "[t]he bill would not prohibit local regulation
of second-hand dealers or secondary metal recyclers."[9] (e.s.) The
cardinal rule of statutory construction is that a statute should be
construed so as to ascertain and give effect to the intention of the
Legislature as expressed in the statute. Resort is first had to the
language of the statute itself; however, when the language itself is
unclear, the legislative history may be consulted for the purpose of
determining the legislative i.ntent.[10]
The Legislature did not intend by enacting Part II, Chapter 538,
Florida Statutes, or by placing section 538.17, Florida Statutes, in
the first section of that chapter, to preempt the field of local
regulation of secondary metals recyclers. Rather, the authority of
local governments to regulate in this area was the expressed
intention of the Legislature.
In sum, it is my opinion that Hillsborough County is subject to the
terms of Chapter 538, Florida Statutes, but that to the extent such
legislation is not inconsistent with these general statutory
provisions, a charter county such as Hillsborough County may
legislate in the area of regulation of secondary metals recyclers.
Sincerely,
Bill McCollum
Attorney General
BM/tgh
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[1] Cf. Art. VIII, s. 24, 1885 Fla. Const., authorizing the electors
of Hillsborough County to adopt a charter form of government; and
Art. VIII, s. 6(e), 1968 Fla. Const., stating, among other things,
that Art. VIII, s. 24, 1885 Fla. Const., shall remain in full force
and effect until that county shall expressly adopt a charter or home
rule plan.
[2) See Ops. Att'y Gen. Fla. 90-01 (1990), 86-62 (1986), 81-07
(1981), and 79-109 (1979), which discuss the authority of charter
counties to enact ordinances not inconsistent with general law. And
see Campbell v. Monroe County, 426 So. 2d 1158, 1161 (Fla. 3d DCA
1983), stating that a county ordinance may not conflict with any
controlling provisions of a state statute and if any doubt exists,
such doubt is to be resolved against the ordinance. And see Art.
VIII, s. 1(g), Fla. Const., and D'Alemberte Commentary, 26A Fla.
Stat. Ann. 155, 157 (West 1995) ("This entirely new subsection
provides for the broadest extent of county self-government or 'home
rule' as it is commonly described . . . the power which may be
granted to county governments under a charter is the power to have
county ordinances take precedence over municipal ordinances.").
[3] 334 So. 2d 661 (Fla. 3d DCA 1976).
[4] Id. at 664.
[5] 426 So. 2d 1158 (Fla. 3d DCA 1983).
[6] Citing s. 553.38 (2) , Fla. Stat. (1979) .
(7] 426 So. 2d at 1161.
[8] Compare ss. 383.309(2), Fla. Stat., "[i]t is the intent of the
Legislature to preempt that function [adoption of rules governing
the design, construction, erection, alteration, modification,
repair, or demolition of birth centers] to the Florida Building
Commission and the State Fire Marshal through adoption and
maintenance of the Florida Building Code and the Florida Fire
Prevention Code"; 395.1055(8), Fla. Stat., "[i]t is the intent of
the Legislature to preempt that function [adopt any rule governing
the design, construction, erection, alteration, modification,
repair, or demolition of any public or private hospital,
intermediate residential treatment facility, or ambulatory surgical
center] to the Florida Building Commission and the State Fire
Marshal through adoption and maintenance of the Florida Building
Code and the Florida Fire Prevention Code;" 403.415(2)(b), Fla.
Stat., providing for the preemption of federal regulations over
state standards for truck noise; and 482.242(1), "[t]he provisions
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Advisory Legal Opinion - Secondary metals cyclers, regulation by county Page 5 of 5
of this chapter preempt to the state all regulation of the
activities and operations of pest control services[.]"
(91 See p. 3, S. B., House of Representatives Committee on Criminal
Justice Final Staff Analysis & Economic Impact Statement on SB 16-B
dated June 22, 1989; and p. 4, s. C., Section -By -Section Analysis,
providing that the bill "allows for local regulation[ -III
110] Reeves v. State, 957 So. 2d 625 (Fla. 2007), cart. denied., 128
S.Ct. 537, 169 L.Ed.2d 377, 76 USLW 3239 (2007); City of St.
Petersburg v. Siebold, 48 So. 2d 291 (Fla. 1950); and People's Bank
of Jacksonville v. Arbuck2e, 90 So. 458 (Fla. 1921).
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ORDINANCE NO.11-025
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, RELATING TO SECONDARY
METALS RECYCLERS; CREATING A NEW ARTICLE IV IN CHAPTER 1-18 "SHERIFF"
OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY CREATING SECTIONS 1-18-
31 THROUGH 1-18-36 ENTITLED "SECONDARY METALS RECYCLERS"; PROVIDING
DEFINITIONS; PROVIDING FOR LIMITATIONS ON CASH TRANSACTIONS FOR
CERTAIN RESTRICTED REGULATED METALS; PROVIDING A LIST OF RESTRICTED
REGULATED METALS; REQUIRING ADDITIONAL OWNERSHIP DATA BE PRESENTED
IN A SALE OF RESTRICTED REGULATED METALS, PROVIDING FOR INFORMATION
SHARING; REQUIRING ELECTRONIC TRANSACTION RECORD OF ALL PURCHASES;
REQUIRING THE SECONDARY METALS RECYCLER TO MAINTAIN OR HAVE
IMMEDIATE ACCESS TO A FACSIMILE OR SIMILAR EQUIPMENT, PROVIDING FOR
A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, increasing worldwide demand formetals and the associated rising price of metals havecontributed
to increased criminal activity in areas such as theft of copper wiring from construction sites, underground
telecommunication wires, utility wires, air conditioning units, and beer kegs; and
WHEREAS, law enforcement officials have indicated that increased criminal activity relating to theft of
secondary metal and secondary metal products such as those described above are impacting the public health, safety
and welfare of the residents of St. Lucie County; and
WHEREAS, in 2008 the state law took effect that had goals of reducing secondary metal theft and increasing
the penalties for violation of the state law (Chapter 2008-69, Laws of Florida); and
WHEREAS, law enforcement in St. Lucie County has identified areas in the law where additional regulation
will be helpful to curb theft of secondary metals in St. Lucie County; and
WHEREAS, St. Lucie County, law enforcement, secondary metals recyclers, and other interested persons
should find a way to share information, cooperate, and move forward collectively in an effort to further reduce
secondary metal theft locally; and
WHEREAS, the state has a specific goal of increasing recycling and that recycling secondary
materials is a vital part of preserving our state's environment; and
WHEREAS, under its home rule authority, St. Lucie County can pass additional legislation to further
regulate the secondary metals recycling industry, which is regulated at Part II, Chapter 538, Florida Statutes,
as long as those additional regulations are not preempted in the law and are not inconsistent with the
statutory provisions.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section I. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. A new Article IV, Chapter 1-18, St. Lucie County Code of Ordinances, is hereby
created to read as follows:
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CHAPTER 1-18, ARTICLE IV
SECONDARY METALS RECYCLERS
Sec.1-18-31. Definitions
A. Ferrous Metals means any metals containing significant quantities of iron or steel
B. Fixed Location means any site occupied by a secondary metals recvcler as owner of the site
or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the
secondary metals recvcler for a total duration or not less than 364 days
C. Money means a medium of exchange authorized or adopted by a domestic or foreign
government as part of its currency.
D. Nonferrous Metals means metals not containing significant quantities of iron or steel
including, without limitation, copper, brass aluminum bronze lead zinc nickel and alloys thereof,
excluding precious metals subject to regulation under Part I Chapter 538 Florida Statutes
E. Purchase Transaction means a transaction in which a secondary metals recvcler gives
consideration for regulated metals Property.
F. Regulated Metals Property means any item composed primarily of any nonferrous metals
but shall not include aluminum beverage containers used beverage containers or similar beverage
containers. For purposes of enforcement under this ordinance the term shall also include stainless steel
beer kegs.
G. Restricted Regulated Metal Property means the specific regulated metal items that are
listed in section 1-18-33 of this Code.
H. SecondarvMetaIsRecyclershall havethe meaning ascribed in subsection 538.18(8),Florida
Statutes, as may be amended from time to time.
Seller means the person from whom the regulated metal property is acquired
J. Utility means any person firm corporation association or political subdivision whether
Private, municipal, county, or cooperative, which is engaged in the sale generation provision or delivery
of Pas, electricity, heat, water, oil, sewer service telephone service telegraph service, radio service or
telecommunication service.
Sec. 1-18-3Z Limitations on Cash Transactions
A. A secondary metals recvcler shall not enter into any cash transaction for purchase of any
restricted regulated metals property listed in section 1-18-33 of this Code
S:y1M0RDINANCES\2011\11-025.wpd -2-
t
B. Payment by a secondary metals recycler for the purchase of restricted regulated metal
property shall be made by check issued to the Seller and payable to the Seller or by electronic payment to
the Seller's bank account or to the Seller's employer's bank account.
C. Each check for payment shall be mailed by the secondary metals recvcler directly to the
current street address of the Seller which is on file with the secondary metals recvcler unless otherwise
provided in this Article. Payment shall not be mailed to a post office box. Electronic payments shall be sent
to a bank account for which the Seller is listed as an account holder or an employee or agent thereof.
D. Each check or electronic payment shall be mailed or electronically transferred by the
secondary metals recvcler to the Seller within three (3) business days of the purchase transaction unless
otherwise provided in this Article.
Sec. 1-18-33. Restricted Regulated Metal Property: Exemptions.
A. A secondary metals recvcler shall not purchase any of the following items of restricted
regulated metal property without obtaining reasonable proof that the Seller owns the property (such as
a receipt or bill of sale) or reasonable proof that the Seller is an employee, agent, or contractor of a
governmental entity, utility company, cemetery, railroad, manufacturer, or other entity, owning the
property (a secondary metals recvcler may retain on file an official document on the letterhead of the
entity, indicating that the Seller is authorized to sell the item of regulated metal lroperty however, such
a letter must be dated within 90 days of the transaction):
1. A manhole cover.
2. An electric light pole orother utility structure and its fixtures, wires, and hardware
which are readily identifiable as coming from the utility structure.
I. A guard rail.
4. A street sign, traffic sign, or traffic signal and its fixtures and hardware.
5. Communication, transmission, distribution, and service wire, from a utility including
cooper or aluminum bus bars, connectors, and grounding plates or grounding wire.
6. A funeral/grave marker or funeral vase.
7. A historical marker.
8. Railroad equipment, including, but not limited to a tire plate, signal house, control
box, switch plate. E clip, or rail tie *unction.
9. Any metal item that is observably marked upon reasonable inspection with any
form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.
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10. Acopper, aluminum, or aluminum -copper condensing orevaporatorcoil including
its tubing or rods, from a heating or air conditioning unit (excluding coils from window air conditioning units
and automobiles).
11. An aluminum or stainless steel container or bottle designed to hold propane for
fueling forklifts.
12. Stainless steel beer kegs.
13. A catalytic converter or any nonferrous part of a catalytic converter unless
purchased as part of a vehicle.
14. Metallic wire that was burned in whole or in part to remove insulation.
15. Brass or bronze commercial valves or fittings, referred to as "FDC valves " that are
commonly used on structures for access to water for the purpose of extinguishing fires
16. Brass or bronze commercial potable water backflow preventer valves that are
valves commonly used to prevent backflow of potable water into municipal domestic water service systems
from commercial structures.
17. A shopping cart.
B. Exemptions. The secondary metals recvcler may provide a check at the time of the
Purchase transaction ratherthan mailiniz said check as required in subsection 1-18-32 of this Article if the
Seller is in one of the following exempt categories:
L. Organizations, corporations, or associations registered with the state as charitable
Philanthropic, religious fraternal civic patriotic social orschool-sponsored organizations orassociations
or from any nonprofit corporation or association;
2. A law enforcement officer acting in an official capacity;,
3. A trustee in bankruptcy, executor, administrator, or receiver who has presented
proof of such status to the secondary metals recvcler:
4. Any public official acting under judicial process or authority who has presented
proof of such status to the secondary metals recvcler• or
S. A sale on the execution, or by virtue of any process issued by a courtif proof
thereof has been presented to the secondary metals recvcler or
6. A manufacturing, industrial, or other commercial vendor that generates regulated
materials in the ordinary course of business.
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Sec.1-18-34. Electronic Transaction Records Required.
A. All secondary metals recvclers shall maintain a legible electronic record, in the English
language, of all purchase transactions involving regulated metal property and restricted regulated metal
Property to which such secondary metals recvcler is a party. Such electronic format will be the Leads Online
software or such software as is otherwise designated in writing by the St. Lucie County Sheriff's Office. It
shall be the responsibility of the individual secondary metal recvcler, or any emplovee thereof, to obtain
the most current data specifications of the designated electronic format.
B. The following information shall be maintained and transmitted to the St. Lucie County
Sheriffs Office in the specified electronic data format described in subsection A., above:
1. The name and address of the secondary metals recvcler;
Z. The name, initials, orother identification of the individual enteringthe information
regarding the transaction:
3. The date and time of the transaction;
4. The weight, quantity, or volume and a description of the type of regulated metals
property purchased in a purchase transaction;
S. Photo of items:
6. The distinctive number from the personal identification card of the seller;
7. A description of the Seller including:
a. Full name, current residential address, workplace. and home and work
phone numbers;
b. Height, weight, date of birth, gender, hair color, eve color, and any other
identifying marks;
c. A vehicle description to include the make, model, and tag number of the
vehicle and trailer of the Seller of the regulated metals property; and
d. Any other information required by the form approved by the Florida
Department of Law Enforcement and as specified in section 538.19,
Florida Statutes, except the amount of consideration given in the purchase
transaction.
C. Such information shall be electronically transmitted for the previous day's business to the
St. Lucie County Sheriffs Office by 10 a.m. on each day the secondary metals recvcler is open for business.
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D. A secondary metals recvcler shall maintain or cause to be maintained the information
reauired by this section for not less than five (5) years from the date of Purchase transaction
E. If the Purchase transaction involves the transfer of regulated metals Property from a) a
secondary metals recvcler registered with the State or b) an exempt seller under section 1-18-33 B. of this
Code to a secondary metals recvcler registered with the State the secondary metals recvcler receiving the
regulated metals Property shall record the Seller's business name and address and the name of the Seller's
business re resentative or Seller's point of contact in lieu of the re uirements listed in paragraph 6 above.
Sec. 1-18-35. Facsimile. Telecopier, or Similar Equipment Required.
A secondary metals recvcler shall maintain at its place of business or otherwise have immediate
access to, a facsimile teleconier, or other equipment of similar function on which notifications of stolen
Property or other notifications relating to regulated metal property maybe expeditiously received from the
St. Lucie County Sheriffs Office The eauipment shall be operable at all times during the usual and
customary business hours of the secondary metals recvcler. The secondary metals recvcler shall maintain
the facsimile number or other access number of the equipment on file with the Sheriff and shall notify the
Sheriff within 24 hours of any change in the number.
Sec.1-18-36. Penalty.
Whoever violates this Article shall be Punished bya fine not to exceed $500 00or by imprisonment
not to exceed 60 days or by both.
Section 3. EFFECTIVE DATE
Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners. This Ordinance shall become effective on March 1,
2012.
Section 4. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
Section S. SEVERABILITY AND APPLICABILITY
It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any
section, subsection, sentence, clause or provision of this Ordinance be held invalid, the remainder of the
Ordinance shall not be affected. This ordinance shall be applicable in the unincorporated areasof St. Lucie
County.
Section 6. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
S:\ATTY\ORDINANCES\2011\11-025.wpd -6-
Chairman Chris Craft XXX
Vice Chairman Chris Dzadvosky XXX
Commissioner Tod Mowery XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula A. Lewis XXX
Section 7. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and
the sections of this ordinance may renumbered or relettered to accomplish such intention; provided,
however, that Parts B through G shall not be codified.
PASSED AND DULY ADOPTED this day of 2011.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
5:\ATTY\ORDINANCES\2011\21-025.wpd -T
AGENDA REQUEST
ITEM NO. VI-C
DATE: 10/04/11
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY;
-I
Long
SUBMITTED BY: St. Lucie County Sheriff's Office Director Finance & Technology
SUBJECT: Law Enforcement Impact Fees for budget year 2011.
BACKGROUND: All of these expenditures are related to the growth of the county and expansion of
services to meet that growth. The Sheriff is requesting the following
disbursements from the Law Enforcement Impact Fee:
FUNDS AVAILABLE:
PREVIOUS ACTION:
Document Imaging System Phase IV
Due to increases in population served and the resulting paperwork,
electronic storage of documents is necessary to allow for efficient storage
and retrieval of documents. The current system of paper storage is
overtaxed and storage space is limited and expensive. Total cost,
$172,000.
❖ Vehicle Storage Building
Recent growth in the County and the purchase of specialized vehicles
needed to service those growing needs it has become apparent that some
permanent storage facility is needed. The proposed building is an 80 X 80
metal building that will house the Joint Command Post, the countywide
bomb disposal truck, the EOC communication vehicle, and the SWAT team
emergency rescue vehicle. The building will be located at the Emergency
Operations Center on Midway Road. At the completion of construction the
building will become the property of the County. Total cost, $237,000.
310005-2110-591900-200
None
RECOMMENDATION: Staff recommends approval of the Sheriff's request and transfer of funds in the
amount of $409.000.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst
(Name)
Originating Dept. ( )
(Name)
ERD
(Name)
(Name)
(Name)
04rriff
KEN J. MASCARA
4700 West Midway Road, Fort Pierce, Florida 34981
TO: Board of County Commi ' ners
THROUGH: Sheriff Ken J. Mascar
FROM: The St. Lucie County h r' /sCffice
DATE: 10/04/11
Member National Sheriffs' Association
Member Florida Sheriffs' Association
Telephone: (772) 461-7300 • Fax: (772) 489-5851
SUBJECT: Law Enforcement Impact Fees for budget year 2011.
ITEM NO. VI-C
Background:
All of these expenditures are related to the growth of the county and expansion of services to meet
growth. The Sheriff is requesting the following disbursements from the Law Enforcement Impact Fee:
❖ Document Imaging System Phase IV
Due to increases in population served and the resulting paperwork, electronic storage of documents
is necessary to allow for efficient storage and retrieval of documents. The current system of paper
storage is overtaxed and storage space is limited and expensive. Total cost, $172,000.
❖ Vehicle Storage Building
Recent growth in the County and the purchase of specialized vehicles needed to service those
growing needs it has become apparent that some permanent storage facility is needed. The
proposed building is an 80 X 80 metal building that will house the Joint Command Post, the
countywide bomb disposal truck, the EOC communication vehicle, and the SWAT team emergency
rescue vehicle. The building will be located at the Emergency Operations Center on Midway Road.
At the completion of construction the building will become the property of the County. Total cost,
$237, 000.
❖ Notification
Notification of this agenda item has been sent to the city of Ft Pierce as well as the city of Port St
Lucie.
Previous Action
None
Recommendation
Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of
$409, 000.
AGENDA REQUEST
ITEM NO. VI-C2
DATE: 10/04/11
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY -
Toby Long
SUBMITTED BY: St. Lucie County Sheriff's Office Director Finance & Technology
SUBJECT: Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the
amount of $162,476.30 for budget year 2011.
BACKGROUND: The monies will be used for additional equipment, Crime Prevention / Safe
Neighborhood and School Resource expenditures. See Attachment.
FUNDS AVAILABLE: Law Enforcement Trust (L.E.T.) Fund — 620-2110-591000-200
PREVIOUS ACTION: None
RECOMMENDATION: Staff recommends approval of the Sheriff's budget amendment and transfer of
funds in the amount of $162,476.30.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst
(Name)
Originating Dept. ( ) ERD
(Name)
(Name)
(Name)
(Name)
NERrF
5 : �
,*4rrtff
KEN J. MASCARA
4700 West Midway Road, Fort Pierce, Florida 34981
•
Member National Sheriffs' Association
Member Florida Sheriffs' Association
Telephone: (772) 461-7300 • Fax: (772) 489-5851
CN co
TO: Board of County Commissioners
THROUGH: Sheriff Ken J. Mascar
FROM: The St. Lucie County Sheriff's Office
DATE: 10/04/11
SUBJECT: Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of
$162,476.30 for budget year 2011.
ITEM NO. VI-C2
Background:
The monies will be used for additional equipment, Crime Prevention / Safe Neighborhood and School
Resource expenditures. See Attachment.
Previous Action
None
Recommendation
Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of
162,476.30.
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ITEM NO. VI -DI
AGENDA REQUEST
DATE: 10/4/2011
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT M
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Donald B. West
SUBMITTED BY: Public Works - Administration Public Works Director
SUBJECT: Local Agency Program (LAP) Agreement — Weatherbee Sidewalk Construction
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 318-4113-563000-470; Road Bond — Sidewalks & Bike Paths
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of LAP Agreement No. 423197-1-58-01 with Florida Department
of Transportation (FDOT) in the amount of $1,099,200 for Weatherbee Road
Sidewalk, and Resolution No. 11-149 as outlined in the agenda memorandum and
authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( )
% OMB Director
Dan McIntyre Marie G uin
Originating Dept. ( ) ! ERD ( )
Don Id B. West
Public Works Department
MEMORANDUM
TO: Board of County Commissioners
FROM: Donald B. West, Public Works Director ,
DATE: October 4, 2011
SUBJECT: Local Agency Program (LAP) Agreement — Weatherbee Road Sidewalk
Construction
ITEM NO. VI — D1
Background:
The Weatherbee Road Sidewalk Construction is a federally funded project through the Safe Routes
to School Program with FDOT. The County will receive funding in the amount of $1,099,200 in the
form of a LAP Agreement. Total project cost is estimated at $1,348,052. The County share in the
amount of $248,852 is available in the Road Bond — Sidewalks & Bike Paths.
This project consists of a sidewalk to enable pedestrian traffic to travel to Weatherbee Elementary
from the surrounding neighborhoods. The County will construct a 1.8 mile loop alignment beginning
at Weatherbee Road and US Highway 1 (SR 5), and terminating at Buchanan Drive and
Weatherbee Road. The northwestern limits of the project are Weatherbee/US 1, the southern
design limits are Midway Road, and the eastern limits are Silver Oak Drive (see attached location
map).
Recommendation:
Board approval of LAP Agreement No. 423197-1-58-01 with Florida Department of Transportation
(FDOT) in the amount of $1,099,200 for Weatherbee Road Sidewalk, and Resolution No. 11-149 as
outlined in this agenda memorandum and authorization for the Chairman to sign documents as
approved by the County Attorney.
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RESOLUTION NO. 11-149
A RESOLUTION ACCEPTING THE FLORIDA
DEPARTMENT OF TRANSPORTATION LOCAL
AGENCY PROGRAM AGREEMENT (# 423197-1-58-
01) FOR WEATHERBEE SIDEWALK US-1 TO SILVER
OAK DRIVE AND AUTHORIZING THE
CHAIRPERSON TO EXECUTE THE AGREEMENT AND
FURTHER AUTHORIZING THE COUNTY ATTORNEY
TO EXECUTE THE AGREEMENT BY APPROVING IT
AS TO FORM AND CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County,
Florida, has made the following determinations:
1. The Florida Department of Transportation has awarded the
County funding for Weatherbee Sidewalk US-1 to Silver Oak Drive
(#423197-1-58-01).
2. The Board should authorize and approve execution of Local
Agency Program Agreement with the Florida Department of Transportation
for the above -referenced project.
. NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. The Board hereby accepts and approves Local Agency Program
Agreement with the Florida Department of Transportation (#423197-1-58-
01) for Weatherbee Sidewalk US-1 to Silver Oak Drive.
2. The Board hereby authorizes the Chairman to execute the
above -referenced agreement and further authorizes the County Attorney to
execute the agreement by approving it as to form and correctness.
Page 1 of 2
After motion and second, the vote on Resolution 11-149 was as follows:
Chair Chris Craft
Vice -Chair Chris Dzadovsky
Commissioner Paula Lewis
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED this day of ,2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Page 2 of 2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01040
PRODUCTION SUPPORT — 08119
Pagel
FPN: 423197-1-58-01
Fund: SR2S
FLAIR Approp: VF591474012008
Federal No: 8887 627 A
Org Code: 55043010404
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
County No:94
Contract No:
Vendor No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency
Department, and SAINT LUCIE COUNTY hereinafter called the Agency
WIT NESSETH:
by and between the STATE
of the State of Florida, hereinafter called the
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Weatherbee Road from SR-5/US-1 to Silver Oak Drive and as further described in Exhibit "A" attached hereto and by this
reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the
Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the
manner in which the project will be undertaken and completed.
1.01 Attachments: Exhibit(s) 1, A. B, T & X are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A' with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and .all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Inactivity and Removal of Any Unbilled Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
Pagelt2
Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently that on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP projects.
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2013. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information
Tool and applicable information systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 1,099,200.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate in the project cost to the extent provided in Exhibit
"B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Pag/e3
d) Department approval of the project scope and budget at the time appropriation authority becomes available
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess' of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice -
to -Proceed (NTP) from the Department. The Agency agrees to advertise or out the project out to bid thirty (30) days from
the date the Department issues the NTP to advertise the project. If the Locals are not able to meet the schedule
advertisement, the District LAP Administrator should be notified as soon as possible.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION - 525-010A0
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page4
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG),
and the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page5
Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215,97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass -through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Karen Maxon, Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page
Jeffersonville, IN 47132
c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Karen Maxon, Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Karen Maxon, Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Karen Maxon, Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient direct) to:
a) The Department at each of the following address(es):
Karen Maxon, Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, as applicable.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRooucrioNsuPPORTPage7
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Pag/e8
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its 'failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page08/11
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page/11 11
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the project and comments or recommendations covering any remainder of the project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and
subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page08/11
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement.
13.16 E- VERIFY
The Agency:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01OA0
11
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORTpage�13
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by Agency during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland. Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORTPage14
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY SAINT LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: Gerry O'Reilly, P.E.
Title: Title: Director of Transportation Development
Attest: Attest:
Title:
Legal Review:
Title:
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT 08106
Page 14
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $1,099,200.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as. specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway
Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management
Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park
Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the
FHWA jointly select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION suPosos
Page 15
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 423197-1-58-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Saint Lucie County
PROJECT LOCATION: Weatherbee Road from SR-5/US-1 to Silver Oak Drive
The project _ is X is not on the National Highway System.
The project_ is X is not on the State Highway System.
PROJECT DESCRIPTION:
Construction of sidewalk along Weatherbee Road from SR-5/US-1 to Silver Oak Drive, includes Buchanan Road from
Midway Road to Weatherbee Road, Midway Road from Buchanan Road to Silver Oak Drive, and Silver Oak Drive from
Midway Road to Weatherbee Road.
SPECIAL CONSIDERATIONS BY AGENCY
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to.coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) N/A Study to be completed by N/A
b) Design to be completed by N/A
c) Right -of -Way requirements identified and provided to the Department by N/A
d) Right -of -Way to be certified by N/A
e) Construction contract to be let by 11/30/2011 .
f) Construction to be completed by 06/30/2013 .
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
This project is for reimbursement of Construction Only in the year 2011/2012 in the amount of $1,099,200.00. Upon
execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a
NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a
NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and
prior to the agreement or time extension (if required by a request for a time extension from the Agency) date.
Upon completion of the Project, the Agency is required to notify the Department of the date of the completion and final
invoicing. The Department may require an onsite inspection with the Agency
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-610-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
Page 16
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN: 423197-1-58-01
Saint Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
PROJECT DESCRIPTION
Name: Weatherbee Road Length: 1.806 miles
Termini: Weatherbee Road from SR-5/US-1 to Silver Oak Drive -
TYPE OF WORK By Fiscal Year
FUNDING
�1)
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning 2008-2009
2009-2010
2010-2011
Total Planning Cost
Project Development & Environment (PD&E)
2008-2009
2009-2010
2010-2011
Total PD&E Cost
Design 2008-2009
2009-2010
2010-2011
Total Design Cost
Right -of -Way 2008-2009
2009-2010
2010-2011
Total Right -of -Way Cost
Construction 2008-2009
2009-2010
2010-2011
2011-2012 SR2S
Total Construction Cost
$1 099.200.00
$1 099 200.00
$1,099,200.00
$1,099,200.00
Construction Engineering and Inspection (CEI)
2008-2009
2009-2010
2010-2011
Total CEI Cost
Total Construction and CEI Costs
$1,099,200.00
$1,099 2200.00
TOTAL COST OF THE PROJECT
$1,099,200.00
$1,099,200.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 St of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PRODucrloNsuPP0/10
Page 17
EXHIBIT "T"
TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA)
Paragraph 13.13 is expanded by the following:
The parties mutually agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency,
and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by
the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient
as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in
accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges
incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In
the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges
incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance
and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the
Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the
burn -in period between conditional and final acceptance, are contained in the most recent Department's Standard
Specifications for Road and Bridge Construction.
5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe
and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and
routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage).
The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum,
traffic signal log details recommended by the IMSA.
6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is
capable of performing the same functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Agency.
7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in
phasing of traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is
obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for
the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida.
The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified
Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately
after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after
consultation with the Agency, may specify modifications. If the Department specifies modification in timing and/or
phasing, implementation of such modifications shall be coordinated with, or made by the Agency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PRODUOTIONSUPPORO
Page 18
EXHIBIT "T" (continued)
TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA)
8. The Agency shall note in the maintenance log any timing and/or phasing changes and keep a copy of the
timings and any approval documentation in a file.
9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems
including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic
signals and signal systems on the State Highway System provided that such agreements are consistent with the mutual
covenants contained in this TSMA. The Agency shall furnish a copy of such agreements to the Department.
10. This TSMA shall remain in force during the life of the originally installed equipment and/or the life of any
replacement equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal
Maintenance and Compensation Agreement between the Department and the Agency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010A0
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION suPP09RT0
Page 19
EXHIBIT "X"
PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE
FPN: 423197-1-58-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of
Transportation (Department) and
Saint Lucie County
Dated
SPECIAL CONSIDERATIONS BY AGENCY:
The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local
Agency Program Agreement executed between the Department and
Saint Lucie County
Dated
Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and
approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and
shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP
Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees
that funding for this project or any American Recovery and Reinvestment Act (ARRA) project may be reduced
upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP
Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the
Department's Federal -Aid Management Office.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30
FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION
oaioo
Page 1 of 2
DATE
AGENCY Saint Lucie County FEDERAL -AID PROJECT NUMBER 8887 627 A
FIN NUMBER 423197-1-58-01 STATE JOB NUMBER TIP PAGE NUMBER
PROJECT TITLE: Weatherbee Road Sidewalk
PROJECT TERMINI FROM: Weatherbee Road from SR-5/US-1 to Silver Oak Drive
WORK PHASE: PLANNING ENVIRONMENTAL DESIGN® CONSTRUCTION RIGHT OF WAY
AWARD TYPE: _ LOCAL LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most
recent reevaluation date.
EIS approved on: N/A and reevaluated on:
EA /FONSI approved on: N/A and reevaluated on:
Categorical Exclusion:
Programmatic Categorical Exclusion determination on: N/A
Type I Categorical Exclusion determination on: 05/03/2011
Type II Categorical Exclusion determination on: N/A
Categorical Exclusion Reevaluation on:
PHASE
TOTAL
ESTIMATED COST
nearest Dollar
LOCAL AGENCY
FUNDS
nearest Dollar
STATE
FUNDING
nearest Dollar
FEDERAL FUNDS
(nearest Dollar)
PERCENT
FEDERAL
FUNDS
OBLIGATION DATE
Month / Year
PLANNING
PD&E
DESIGN
RNd
CONST.
$1,099,200.00
$0.00
$0.00
$1,099,200.00
100%
TOTAL
$1,099,200.00
$0.00
$0.00
$1,099,200.00
1 100%
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: 24-ft Number of Lanes
2
Bridge Numbers on Project
DESCRIPTION OF PROPOSED WORK New Construction 3 - R
Enhancement Congestion Mitigation
Sidewalk Construction Roadway Width 24-ft
Number of Lanes 2
Bridge Numbers(s) on Project
N/A
Construction of sidewalk loop along Weatherbee Road from US-1 to Silver Oak Drive, includes Midway Rd from Weatherbee Rd to
Buchanan Dr and Buchanan Dr from Midway Rd to Weatherbee Rd, White City Elementary sidewalk on Weatherbee Road.
LOCAL AGENCY CONTACT PERSON
TITLE: Assistant County Engineer
Craig A Hauschild, P.E.
MAILING ADDRESS:
PHONE: (772) 462-1712
2300 Virginia Avenue
Fort Pierce, FL 34982
AGENCY
ZIP CODE: 34982
Saint Lucie Count
LOCATION AND DESIGN APPROVAL:
BY:
Approving Authority
TITLE:
DATE:
525-010.30
CONSTRUCTION
08/00
Page 2 of 2
AGENCY: PROJECT TITLE: Weatherbee Road Sidewalk DATE:
Saint Lucie County
ENVIRO
An Environmental determination has been completed for this Project.
R
There is no right of way acquisition associated with this Project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR
AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR
COMMUNITY DEVELOPMENT.
DATE
By:
AGENCY: SAINT LUCIE COUNTY
(Mayor / Chairman)
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Public Works/Engineering Division
Brocksmith Road Right -of -Way Survey
See attached memorandum.
ITEM NO. VI-D2
DATE: 10/4/11
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
PRESENTED BY:
Michael Powley, P.E. IMP
County Engineer
101001-9910-599300-800 Transportation Trust Reserve
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of Work Authorization No.11 for the preparation of a road right-of-
way survey with GCY, Inc. in an amount not to exceed $75,000 and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (x) OMB Director
Daniel McIntyre
Originating Dept. (x) M- County Engineer
Don Id West
County Surveyor ( x)
Ronald Harris
cc: Finance
BrocksmithroadWA11 Rightofwaysurvey.ag
(x)
Marie Go in
(x) MVP
Michael Powley
Engineering Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer MVP
DATE: October 4, 2011
SUBJECT: Brocksmith Road Right -of -Way Survey
ITEM NO. VI-D2
Background:
During the September 13, 2011 Informal Board Meeting, the County Commissioners directed staff to
proceed with the right-of-way survey for Brocksmith Road in order to facilitate the proposed
maintenance improvements. Attached is Work Authorization No. 11 with GCY, Inc. in the amount of
$75,000 (Attachment A).
Recommendation:
Board approval of Work Authorization No. 11 for the preparation of a road right-of-way survey with GCY,
Inc. in an amount not to exceed $75,000 and authorization for the Chairman to sign documents as
approved by the County Attorney.
ATTACHMENT A
WORK AUTHORIZATION NO. 11
CONTRACT COS-04-193
FOR CONTINUING PROFESSIONAL SURVEYING SERVICES
THIS WORK AUTHORIZATION is made as of the day of
2011, by and
between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
"County" and GCY, INC., hereinafter referred to as the "Surveyor".
WITNESSETH:
.WHEREAS, on April 5, 2005, the COUNTY entered into a Professional Surveying Services Agreement
(Contract No. C05-04-193) hereinafter referred to as "Contract" with the Surveyor to provide continuing
professional surveying services; and,
WHEREAS, On May 6, 2008, the COUNTY entered into a First Amendment to the April 5, 2005
Agreement (Contract No. C05-04-193) with the SURVEYOR to amend the original Agreement by removing
the three (3) year term.
WHEREAS, pursuant to the Contract, the Surveyor is to provide the professional services as outlined
in this individual work authorization; and,
NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and
valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally
bound, hereby agree as follows:
1. PROJECT:
The COUNTY has determined that it would like to complete a project described below:
Specific Purpose Survey - Brocksmith Road
Section 29, T-35-S, R-39-E
Section 20, T-35-S, R-39-E
Section 17, T-35-S, R-e9-E
Section 8, T-35-S, R-39-E
(hereinafter referred to as "the Project".)
Pagel of 3
SERVICES:
The COUNTY has determined that it would like to utilize the services of the Surveyor in the
completion of the Project, to provide professional surveying services for the Project under the pricing, terms
and conditions of the continuing contract (C05-04-193). The services to be provided by Surveyor on the
Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and made a part
of this work authorization and incorporated herein.
COMPENSATION:
The cost to perform all services as described in the attached Scope of Services shall not exceed a
total amount of Seventy-five thousand and 00/100 dollars ($75,000.00), as further detailed in Exhibit "A."
4. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall
remain in full force and effect.
TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that the time
of completion is an essential condition of this Contract, time being of the essence.
b. Surveyor shall commence work per the written Notice To Proceed, and shall complete all
work within ninety (90) days thereafter, as further described in Exhibit "A."
C. The period herein above specified for project completion may be extended by such time as
shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the
County Administrator with the County invoking all rights and remedies thereof.
d. Where any deductions from or forfeitures of payment in connection with the work of this
Contract are duly and properly imposed against the Surveyor, in accordance with the terms of the Contract,
State Laws, governing ordinances or regulations, the total amountthereof may be withheld from any monies
due or to become due the Surveyor under the Contract; and when deducted, shall be deemed and taken as
payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies,
each of which shall be considered an original on the following dates.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
Date:
Page 2 of 3
WITNESSES:
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Date:
GCY, INC.
BY:
Print Name:
Title:
Date:
Page 3 of 3
Exhibit A
PROPOSAL SPREAD SHEET
Project: Brocksmith Road
DATE: 9/20/2011 Cost: $74,050.00
BY: P.A.
TSK
DESCRIPTION
Senior
Princ
Princ
STAFF
SURVEYOR
2 MAN
CREW
CADD
Clerical
LINE
TOTALS
TASK
TOTALS
1
JOB PREPARATION
$0.00
1A
PRELIMINARY FIELD CALCS FROM EXISTING DATA
FOR FIELD RECON
2
16
1
$1,625.00
$0.00
2
SECTIONAL AND RNV SURVEYING
$0.00
2A
INITIAL FIELD RECON AND TIE-IN OF EXIST.
MONUMENTATION
4
15
120
$18,600.00
26
OFFICE REVIEW OF INITIAL FIELD FINDINGS AND
SECTIONAL DETERMINATION
40
16
$7,280.00
2C
ADDITIONAL FIELD RECON BASED ON OFFICE
DETERMINATION
41
8
64
$10,200.00
2D
FINAL R/W CALCS
16
$2,400.00
2E
SET SECTIONAL CONTROL CORNERS OR REFERENCE
CORNERS AND CCR'S FOR APPROX 28 SECTION
CORNERS.
6
4
64
$10,180.00
2F
SET APPROXIMATELY 25 KEY R/W POINTS AT
SECTION, 1/4 SECTION, 40 ACRE LINES AND AT RAN
JOGS. STAKE RAN WITH LATH AT FIELD DETERMINED
DISTANCES FOR VIEWING (75 LATH-). LOCATE
POWER POLES AND FENCE LINES.
61
4
72
24
$13,340.00
3
1 MAPPING
41
40
1
$4,045.00
3A
IFINAL QC/QA
41
4
$940.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SUM OF HOURS
HOURLY RATE
0
200.00
86
150.00
63
80.00
320
140.00
68
85.00
2
45.00
$68,610.00
0.00
TOTALS
$0
1 $12,900
1 $5,040
$44,800
$5,780
$90
$68,610.00
GRAND TOTAL $74,050.00
AGENDA REQUEST
ITEM NO. VI-D3
DATE: 10/4/11
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 MVP
SUBJECT: McCarty Road North Bridge Rehabilitation Project
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 316001-41133-563000-114602 5th Cent Fuel-Capital/Infrastructure
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to award the emergency repairs related to the McCarty Road
North Bridge Rehabilitation Project to the low bidder, Wilco Construction, Inc., in
the amount of $85,000, set up the project budget (to include the contingency) in
the amount of $93,500, and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coo rdination /SignatUres
()
County Attorney ( x) OMB Director x
Marie Gouin JW
Daniel McIntyre
Originating Dept. ( x) ��`'
Don d West
Road & Bridge (x) ,1 �i�
Manager W
ona Pauley
McCarty Road Bridge award.ag
County Engineer (x) mo O .1 f-
Mi hael Powley
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM:
DATE:
SUBJECT:
ITEM NO.
Background:
Michael Powley, County Engineer
October 4, 2011
Engineering Division
MEMORANDUM
MVP
McCarty Road North Bridge Rehabilitation Project
VI-D3
In January 2011 following the Florida Department of Transportation's biennial inspection, the McCarty
Road North Bridge was closed to traffic. With the assistance of our consultant, Kimley-Horn and
Associates, Inc., the Engineering Division accelerated the assembly of the McCarty Road North Bridge
Rehabilitation Project construction plans. We also coordinated with a select group of contractors during
development of these repair procedures. The Local Preference bidding procedure was utilized.
On September 30, 2011 four bids were received (Attachment A). The Local Preference bidding
procedure was utilized. Utilizing emergency bidding procedures, we have identified the lowest
responsive bidder as Wilco Construction, Inc., a local firm from Fort Pierce. It is now our wish to award
the contract to them and set up the project budget (to include the contingency) in the amount of
$93,500. It is our desire to begin construction promptly.
Recommendation:
Board authorization to award the emergency repairs related to the McCarty Road North Bridge
Rehabilitation Project to the low bidder, Wilco Construction, Inc., in the amount of $85,000, set up the
project budget (to include the contingency) in the amount of $93,500, and authorization for the Chairman
to sign documents as approved by the County Attorney.
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ITEM NO. VI-E
:-x
DATE: 10/04/11
ixx!?—
• . r A AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y•
Jack T. Southa
SUBMITTED BY: Public Safety & Communications
SUBJECT: Emergency Management Services (EMS) Grant
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 104-2610-581060-2950 — Fire District
PREVIOUS ACTION: BOCC approved Resolution No. 11-061 for the first half of the grant on 03/22/11
RECOMMENDATION: Board approval of the application for the second half of the EMS grant in the
amount of $37,807 and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
County Attorney (X )
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director (X )
Budget Analyst
Dan McIntyre
Marie Gouin
Originating Dept. ( ) ( )
(Name) (Name)
Public Safety & Communications
MEMORANDUM
TO: Board of County Commissioners
FROM: Jack T. Southard
Public Safety & Communications Directo
DATE: October 4, 2011
SUBJECT: Emergency Management Services (EMS) Grant
ITEM NO. VI-E
Background:
The St. Lucie County Fire District has filled out an application for the annual Emergency Management
Services (EMS) Grant offered by the Bureau of Emergency Management, State of Florida Department of
Health. The application was approved by the Board of Commissioners for the St. Lucie County Fire
District on Wednesday, September 21, 2011. They received $46,306 in the first half of fiscal year 2010-
2011. They have to apply for the second half of the grant to receive $37,807.
Recommendation:
Board approval of the application for the second half of the EMS grant in the amount of $37,807 and
authorization for the Chairman to sign documents as approved by the County Attorney.
ST. LUCIE COUNTY FIRE DISTRICT
ADMINISTRATION
September 7, 2011
To: Fire Chief Ron Parrish
��\��OUNTy�lo
v
d
en a
From: Deputy Chief Brian Blizzard
Ref: 2010-2011 EMS County Grant
Item 7J
2010-2011 EMS County Grant
Telephone: (772) 621-3313
Telephone: (772) 621-3314
Fax: (772) 873-3280
We are in receipt of the second application for the 2010-11 Florida Department of Health
Bureau of EMS County Grant. Our second award payment is $37,807.00 and is to be
utilized to enhance our EMS systems. Our first award earlier this year was $46,306.00
thereby malting a grand total of $84,113.00 for the 2010-11 grant cycle.
Through the collective efforts of Administration, Operations and the Training Division,
projects were developed that adhere to the requirements of the grant. Attached is a copy
of the application for Fire Board approval. Once approved, it will be presented to the St.
Lucie County Board of County Commissioners for their acceptance and final submission
to the Florida Department of Health.
rove IS8WovediModdW
bythe.Firs Boer the e�wlmrmestheg
RarfM.
10"m
"Our Family Serving Yours"
5160 N.W. Milner Drive, Port St. Lucie, Florida 34983-3392
FLORw DEPARTMENT OF HEALTH
EMS GRANT PROGRAM
REQUEST FOR GRANT FUND DISTRIBUTION
In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby
requests an EMS grant fund distribution for the improvement and expansion of pre -hospital
EMS.
Name of Agency: St Lucie County Board of County Commissioners
Mailing Address: 2300 Virginia Avenue
Ft. Pierce Florida 34982
Federal Identification number 596000835
Authorized Official: +�
Signature Date
Chris Craft Chairman BOCC
Type Name and Title
Sign and return this page with your application to:
Florida Department of Health
BEMS Grant Program
4052 Bald Cypress Way, Bin C18
Tallahassee, Florida 32399-1738
Do not write below this line. For use by Bureau of Emergency Medical Services personnel
Grant Amount For State To Pay: $ Grant ID: Code:
Approved By
Signature of EMS Grant Officer Date
State Fiscal Year: 2010 - 2011
Organization Code E.O. , OCA Object Code ' Category
64-42-10-00-000 750000
Federal Tax ID: VF
Grant Beginning Date:
DH 1767P, December 2008
Grant Ending Date:
64J-1.015, F.A.C.
3
2010-2011 Florida Department of Health, County EMS Grant
Explanation of Proposed Expenditures
Project: EKG/Defibrillator One Year Extended Warranty
Vendor: ZOLL
Cost: $23,358.00
Need: The initial warranty on 24 of our ZOLL E series EKG monitors will expire
December 1, 2011. The one year extended warranty will cover the costs associated with
shipping and repairing a malfunctioning EKG unit in addition to providing discounts on
cables, pads and batteries. Service loaners also will be provided while the original unit is
in repair which will eliminate the loss of a critical piece of EMS equipment.
Project: Power Lift Stretcher Systems
Vendor: Stryker
Cost: $12,025.00
Need: This project is to purchase a power lifting stretcher in an effort to reduce
employee injuries and worker compensation costs. Tremendous advancements have been
made in stretcher technology and ergonomics. The electric lift powered ambulance cot
dramatically reduces strenuous lifting and the associated risk of back injury. The battery
powered hydraulic system raises and lowers patients with the touch of a button.
Project: IV flow regulators with administration set
Vendor: Wolf -Pak
Cost: $2,424.00 ($3.00 per set X 808 sets)
Need: This project will enable our paramedics to administer accurate IV fluid rates at
the turn of a dial without having to use heavy, confusing IV pumps. This project will
allow a rapid set up of the IV flow regulator and subsequently decrease the time it takes
to administer lifesaving medications. Rates can be pre -calculated to further minimize
medication administration time which will result in greater efficiency and overall patient
care. At a cost of only $3.00 per set, -this cost effective, lifesaving device can be stocked
on all 33 of our ALS permitted vehicles.
St. Lucie County Fire District
2010-2011
EMS County Grant Budget
Item
Vendor
Quantity
Price Per
Project Total
EKG Extended Warr.
Zoll Medical EMS
1
23,358.00
23,358.00
Power Stretcher
Stryker
1
12,0 55.00
12,025.00
IV Flow Regulators
Wolf -Pak
808
3.00
2,424.00
TOTAL
$37,807.00
1
J
ITEM NO. VI — F1
DATE: 10/04/1.1
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Stefanie Myers
SUBMITTED BY: Housing and Community Services/Community Community Services Manager .
Services
SUBJECT: Non -Profit Outside Agency Grant . Agreements
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001009-6900-582023-600 ARC of St. Lucie County, Inc.
001009-6900-582015-600 Council on Aging of St. Lucie, Inc.
001009-6900-581030-600 New Horizons of the Treasure Coast, Inc.
001009-6900-582000-600 Healthy Start of St. Lucie, Inc.
PREVIOUS ACTION: 9-22-11 — Board approved Non -Profit Outside Agency Grant amounts at the final
budget hearing.
RECOMMENDATION: Board approval of the non-profit outside agency agreements, as outlined in the
attached memorandum; and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ).. APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator +
Coordination/Signatures --•-
County Attorney ( ) OMB Director
�McIntyre 'Budget Analyst
Daniel $ Marie Gouin
/��� Sophia Holt
Originating Dept. ( ) (1i 6- !�
Beth Ryder
Housing and
Community Services
MEMORANDUM
TO: Board of County Commissio ers
THROUGH: Beth Ryder, Director
FROM: Stefanie Myers, Community Services Managers
DATE: October 4, 2011
SUBJECT: Non -Profit Outside Agency Grant Agreements
ITEM NO. VI —F1
Background:
Non-profit organizations in the County provide a variety of services to residents; including
childcare for children -with with disabilities, health and prenatal care, information and referral
assistance, senior services, mental health treatment, child advocacy, and others. One-time
funds are used to fund the non -profits as allocated in the approved final budget. Annual
funding for the non -profits will be considered if excess fees are returned to the County at the
end of the prior fiscal year.
The non-profit contracts indicated below require BOCC approval as they are -greater than
$50,000. All others can be authorized by the County Administrator.
$ 51,840 Healthy Start of St Lucie County, Inc.
56,554 ARC of St. Lucie County, Inc. — After School Program.
99,540 Council on Aging - OAA (Older American's Act)
673,606 New Horizons of the. Treasure Coast, Inc.
Recommendation:
Board approval of the non-profit outside agency agreements, as outlined in the attached memorandum;
and authorization for the Chairman to sign documents as approved by the County Attorney.
Attachment: Sample Contract
GRANT AGREEMENT
THIS AGREEMENT, made this day of 2011,
between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, ..hereinafter
called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors,
executors, administrators, and assigns hereinafter called the "Council":
IN CONSIDERATION of the mutual benefits received by each part, the parties
mutually agree as follows:
1. The County shall disperse to the Council a grant in the total amount of Ninety
Nine Thousand Five Hundred Forty and 00/100 dollars ($99,540.00) as local matching funds
pursuant to the 2011-2012 Older Americans Act Grant Contract between the Council and the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc., hereinafter referred to as the "OAA
Grant Contract". Payment to the Council shall be made within thirty (30) days after the date this
Agreement is executed on behalf of the County.
2. The grant shall be used only as set forth in the OAA Grant Contract, incorporated
herein by reference. The. Council shall provide the County Community Services Director with
quarterly reports regarding the use of the funds and the services provided during the previous
quarter. The reports shall be due on or before January 5, 2012, April 5, 2012, July 5, 2012, and
October 5, 2012.
3. The Council shall have internal controls adequate to safeguard the grant.
4. If the grant cannot be used or a subsequent audit reveals the grant was not used
according to the ,OAA Grant Contract and/or this Agreement, any money not so used shall be
reimbursed to the County.
5. The Council shall provide an audit, by a certified or duly licensed public
accountant, of the expenditure of the grant. The Council shall submit all documents required
under this paragraph within ninety (90) days after the end of its last fiscal year during which
funds are expended under the OAA Grant Contract.
6. The Council gives the County the right, until the expiration of three (3) years after
expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand,
the County shall have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Council involving transactions related to these grant
monies. All required records shall be maintained until an audit .is completed and all questions
arising therefrom are resolved, or until the expiration of three (3) years after the expenditure. of
the funds.
1
7. The Council is and shall be an independent contractor, responsible to all parties
for all of its acts or omissions and the County shall in no way be responsible for such acts or
omission. The Council_ shall and will indemnify and hold harmless the County from and against
any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and
actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or
growing out or in any way connected with the use, occupations, administration or control of the
above described services by the Council or its agents, employees, customers, patrons or invitee
whether in the jail facilities or surrounding area, or resulting from injury to person or property, or
a loss of life or property of any kind or nature whatsoever sustained during the term. of this
Agreement. The Council hereby acknowledges that the payments made under this Agreement
include specific consideration for the indemnification provided herein.
8. The Council agrees to comply with all local, state and federal laws, rules and
regulations.
9. All publications, media productions, exhibit graphics, and vehicles purchased
and/or operated with funds disbursed under this grant shall include the following statement:
Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida.
10. Any notice shall be in writing and sent registered or certified mail, postage and
charges prepaid, and addressed to the parties at the following address:
TO THE COUNTY: St. Lucie County Administrator
Administration Annex
2300 Virginia Ave., 3rd Floor
Fort Pierce, Florida 34982
WITH COPY TO: St. Lucie County Attorney
Administration Annex
2300 Virginia Ave., 3rd Floor.
Fort Pierce, Florida 34982
TO THE COUNCIL: Council on Aging of St. Lucie, Inc.
2501 SW Bayshore Boulevard
Port St. Lucie, Florida 34984
11. No amendment, modification or waiver of this Agreementshall be valid or
effective unless in writing and signed by both parties and no waiver of any breach or condition of
this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach
whether of like or different nature. If the County currently provides or subsequently provides
any forms for agreement modification, the Council agrees to use said forms.
12. The Council represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the performance of
4
services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as
may be amended from time to time. The Council further represents that no person having any
interest shall be employed for said performance.
The Council shall promptly notify the County in writing by certified mail of all potential
conflicts of interest prohibited by existing state law for any prospective business association,
interest or other circumstance which may influence or appear to influence the Council's judgment
or quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the Council
may undertake and request an opinion of the County as to whether the association, interest or
circumstance would, in the opinion of the County, constitute a conflict of interest if entered into
by the Council. The County agrees to notify the Council of its opinion by certified mail within
thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the
prospective business association, interest or circumstance would not constitute a conflict of
interest by the Council, the County shall so state in the notification and the Council shall, at its
option, enter into said association, interest or circumstance and it shall be deemed not in conflict
of interest with respect to services provided to the County by the Council under the terms of this
Agreement.
13. In the event of a dispute between the parties in connection with this Agreement,
the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation
prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified
mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator.
shall be shared equally by the parties. To the extent allowed by law, the mediation process
shall be confidential and the results of the mediation or any testimony or argument introduced
at the mediation shall not be admissible as evidence in any subsequent proceeding concerning
the disputed issue.
14. In the event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for
claims under state law and the Southern District of Florida for any claims which are justifiable in
federal court.
15. Except as otherwise provided, this Agreement shall be binding upon and shall
insure to the benefit of the parties.
16. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and this Agreement
shall supersede all previous communications, representations or agreements, either verbal or
written, between the parties hereto.
IN WITNESS " WHEREOF, the parties have caused the execution by their duly
authorized officials as of the day and year first written above:
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC.
BY:
SECRETARY PRESIDENT
(SEAL)
n
4
ITEM NO.
DATE:
VI-F2
10/04/2011
- AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Wesloski�`
SUBMITTED BY: Community Services/Housing Division Housing Manager
SUBJECT: Budget Resolution 11-154, HUD/Mortgage Modification and Mortgage Scams
Assistance (MMMSA) Grant
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: June 14, 2011 — County Administrator approved submission of application.
September 20, 2011 — BOCC approved the grant award.
RECOMMENDATION: Board approval of Budget Resolution 11-154 and authorization for the Chairman to
sign the resolution as approved by the County Attorney.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
��>•9710111:197
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
eft Budget Analyst
Daniel S. McIntyre
Originating Dept. ( )
Beth Ryder
Marie Gouin
Sophia Holt
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director,
FROM: Diana Wesloski, Housing Manager.
DATE: September 19, 2011
SUBJECT: Approval of Budget Resolution 11-154, HUD/Mortgage Modification and Mortgage
Scams Assistance (MMMSA) Grant
ITEM NO. VI-F2
Background:
The County submitted the grant application to the U.S. Department of Housing and Urban
Development (HUD) requesting $118,354. The award amount is $16,242.36 and no match is
required. The Board of County Commissioners approved acceptance of the award on September
20, 2011.
The MMMSA grant will allow implementation of a Mortgage Modification and Mortgage Scam
Assistance Program. The Port St. Lucie -Fort Pierce Metropolitan Statistical Area is ranked 10t' in
the nation in delinquent and foreclosed homes, according to a March 2011 HUD survey. This
ranking demonstrates the depth of the housing crisis in St. Lucie County and those homeowners
who struggle each month to pay their mortgage. To help alleviate these impacts, this program
proposes education and counseling services for homeowners to prevent or resolve mortgage
delinquency, default and foreclosure, with the primary objective to preserve home ownership.
Recommendation
Board approval of Budget Resolution 11-154 and authorization for the Chairman to sign the
resolution as approved by the County Attorney.
Attachment;, Budget Resolution 11-154
Grant Award Letter
RESOLUTION NO. 11-154
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available from the US Department of Housing & Urban Development, in the amount of $16,243.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 4th day of October, 2011, pursuant to Section 129.06 (d), Florida
Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget
is hereby amended as follows:
REVENUE
189105-5420-331510-500 Dept. of Housing and Urban Dev. $16,243
APPROPRIATIONS
189105-5420-512000-500 Salaries $16,243
After motion and second the vote on this resolution was as follows:
Commissioner Chris Craft, Chairman XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED THIS 4TH DAY OF OCTOBER 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
U. S.
o�FOtAtmro h6J
Department of dousing and Urban Development
+
Atlanta Homeowoersbip Center
40 Marietta Street
Atlanta, Georgia 30303-2806
(800) CALLFHA or (800) 225.5342
ry/ fJj
SEP 1 2 2011
FHA V i.�
NdMEOWNERSHIP
Mr. Chris Craft
Chairman
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982
DUNS NUMBER: 072215403
Dear Mr. Craft:
I am pleased to inform you that St. Lucie County Board of County Commissioners has
been conditionally awarded a housing counseling grant on behalf of the Department of Housing .
and Urban Development (HUD). This award is made in accordance with the Housing
Counseling Notice of Funding Availability (NOFA) posted on the HUD Website May 18, 2011,
and with the work plan submitted in your Mortgage Modification and Mortgage Scam Assistance
(MMMSA) application. Funds will be obligated and made available upon execution of the Grant
Agreement and the timely submission of all the documents and infornnation requested in this
letter. Please note that funds are subject to the availability of appropriations.
Grant Type: Mortgage Modification and Mortgage Scams Assistance
Grant Award: $16,242.36
Enclosed, you will find two copies of the Grant Agreement and four copies of Form
HUD-1044, Assistance Award/Amendment, for the category of funding approved under HUD's
Fiscal Year (FY) 2010 MMMSA Housing Counseling NOFA. Please sign and date all copies of
the 1044 documents and grant agreement. Retain one copy of each document for your records,
and return three copies of the 1044 and one copy of the signed Grant Agreement to your assigned
government technical representative (GTR) listed below within 5 business days of the date of
this letter.
NOFA Reguirernents
Grantees are reminded that as per the Grant Agreement, Article IV, Statement of Work,
A2 Provision of Services, Local Housing Counseling Agencies (LHCAs) Grantees and their
funded branches, if applicable, must be located in one or more of the 100 Metropolitan Statistical
Areas (MSAs) with the highest rate of home foreclosures. Intermediaries, their branches and
sub -grantees must serve residents located in one or more of the 100 MSAs. Households assisted
under this grant agreement must reside in one of the 100 MSAs. The list of MSAs is attached to
the NOFA.
Grantees are also reminded that as per the Grant Agreement, Article IV, Statement of
Work, A2 Provision of Services, to be considered eligible for reimbursement for one-on-one
counseling, Grantee and sub -grantees, by and through a housing counselor, must perform and
document certain activities, including the following. The housing counselor must ask the
Alabama • Florida • Georgia • Kentucky • Illinois • Indiana • Mississippi • North Carolina • South Carolina • Tennessee • Caribbean
www.hud.gov . espanoi.hud.gov
following two questions of each client to whom they provide foreclosure prevention counseling
in order to help identify possible loan scams:
I. Did anyone contact you offering assistance to modify your mortgage, either directly by
telephone, or by other means such as by mail or a flyer?
2. Were you guaranteed a loan modification or asked to do any of the following, pay a fee,
sign a contract, redirect mortgage payments, sign over title to your property, or stop
making loan payments?
Grantees and sub -grantees must report suspected cases of Loan Modification Scams with
the Loan Modification Scams Prevention Network: htW://www.nreventloanscams.org_
Suspected cases of loan scams should also be referred to the HUD Office of Inspector General
(010 Hotline):
• toll -free at (800) 347-3735
• fax (202) 708-4829
• e-mail ho in —@hudoig.aov
Points of Contact
Also, please verify that HUD's Housing Counseling System. (HCS) contains the correct
name and telephone number of the individual in your organization who will be the daily contact
person for HUD regarding your housing counseling program.
Direct questions and submit documents to your assigned Government Technical
Representative (GTR):
Carolyn Hogans
Department of Housing and Urban Development
Atlanta Homeownership Center
Single Family Program Support Division
40 Marietta Street, I" Floor
Atlanta, GA 30303-2806
Required Documentation
In additions, as a condition of award, the following documents and/or information, if
applicable, must be submitted within 15 days of the date of this letter:
1. Indirect Cost Rate Documentation. Submit documentation of indirect cost rate
approval. See page 9 of the MMMSA Housing Counseling NOFA posted to the
HUD Website May 18, 2011, for a detailed explanation of this requirement. If your
organization does not incur indirect costs, or will not apply them to this grant, please
state so in writing.
2. Financial Management Systems. Grantees must submit documentation demonstrating
that the organization's financial management systems satisfy the requirements in the
applicable regulations at 24 CFR 84.21(b) and 85.20. Additionally, consistent with
- - the requirements of the Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-
07), all grantees that expended $500,000 or more in Federal awards in the most recent
fiscal year must submit to HUD the audit documentation in accordance with OMB
requirements as established in 24 CFR part 84.
Code of Conduct. If not submitted as part of the relevant grant application, Grantees
must submit a written Code of Conduct that: prohibits real and apparent conflicts of
interest that may arise among officers, employees, or agents; prohibits the solicitation
and acceptance of gifts or gratuities by officers, employees and agents for their
personal benefit in excess of minimal value; and outlines administrative and
disciplinary actions available to remedy violations of such standards. Also, describe
the methods used to ensure that all officers, employees, and agents of the organization
are aware of the Code of Conduct. A more detailed description of the written Code of
Conduct is located on page 26 of the General Section of the FY 2010 HUD NOFA,
published in the Federal Re 'ster on June 4, 2010.
An applicant who submitted an application during FY 2010 or FY 2011 and included
a copy of its code of conduct will not be required to submit another copy if the
applicant is listed on HUD's Web site at
httD.lAvww.hud.-oovloflz'cesladmlzrants/codeofconducticconduct.cfm and the
information has not been revised. An agency not listed on the above website must
submit a copy of its code of conduct as a condition for award.
4. Award Budget. Submit a detailed, comprehensive budget listing all proposed
expenses under the Grant. At a minimum, if applicable, the budget must include
salaries, fringe and other benefits, training, travel, rent, phone, postage, supplies,
technology/equipment, marketing and indirect costs. The budget must account for
how every dollar being billed to the Grant will be spent. Intermediaries reimbursing
sub -grantees and branches at a fixed rate per counseling/education activity and type
are not exempt from this requirement to provide an itemized budget. When
subsequently reporting under the grant, all grantees and sub -grantees must be able to
demonstrate the actual cost of services provided. The amount that will be billed to
the grant cannot exceed the actual cost of providing the service. If the budget differs
from that submitted with the application, explain in detail any changes. You may
revise the form HUD-424-CB submitted with the application, or you may submit a
budget in the format of your choosing if the form HUD424 CB does not provide
enough detail. The key is that all expenses are itemized. If using form HUD-424 CB,
entries relevant to the grant must be made in column 1, HUD share.
Intermediaries must also submit a detailed budget accounting for how all
administrative funds, in other words funds not passed through to sub -grantees or
allocated to branches but used to run the program, will be spent by the Intermediary
including training, travel, salaries, indirect costs and equipment.
5. Revised Form HUD-96010. Program Outcome Logic Model. If the grant award
amount listed above is different from the amount requested in the grant application,
grantees must submit an adjusted Form HUD-96010 based on the actual award
amount. Adjusted projections should be consistent with the initial projections
submitted with the application and prorated to correspond to the actual award amount
but remain in the same proportion as initially submitted. You must update the form
HUD-96010 that was submitted through grants.gov as part of the relevant application.
Submit the revised logic model form electronically via email to:
Shirley.B.Barnes@hud. aov
Nicole.C.Turn a7,hud.goy
Sharron. M. Bohannon@hud. aov
Grantees will be required to submit an updated HUD Form-96010, Program Outcome
Logic Model, reflecting actual achievements with each quarterly, midterm and final
report in accordance with the reporting requirements of the Grant Agreement. The
information in this form provides the primary means through which HUD will
monitor the ongoing performance of its grantees.
6. Sub -allocation List. As a condition of award, intermediaries must list sub -grantees
and funded branches, and their corresponding sub -allocations, in HCS.
7. Client Management S r�stem. As a condition of award, all Grantees must certify that
they, and all sub -grantees and funded branches, if applicable, utilize a client
management system (CMS) that meets HUD's requirements and interfaces with
HUD's databases for the collection and submission of client -level data, form HUD-
9902, and agency profile information. List all relevant agencies and the CMS they
utilize.
Once all information has been reviewed and approved by my staff, we will process the
award and establish an account for your organization. Information about. procedures for
submitting an initial voucher can be found in the Grant Agreement.
If you have any questions or concerns, please contact Carolyn Hogans, Chief, Field
Operations Branch, at (678) 732-2129. We look forward to a productive partnership with your
organization in helping to expand affordable housing opportunities.
Sincerely,
Gayle F. Knowlson
Director
Program Support Division
Enclosures
ITEM NO. VI-G
DATE: 10104/11
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO:.
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
Michael Brillhart
SUBMITTED BY:
Planning and Development Services
Business & Concurrency Man'�p,�
SUBJECT:
Twin Vee Catamarans, Inc. - Request for Job Growth Investment Grant (JGIG) Incentives
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
001-5215-582000-500 County Job Incentive
PREVIOUS ACTION:
August 24, 2010; BOCC approval of a Letter
of Intent to provide economic development
incentives.
RECOMMENDATION:
Board approval of Job Growth Investment Grant JGIG-11-005 in the amount of $146,250
phased over five years ($29,250 per year).
COMMISSION ACTION:
CONCURRENCE:
( ) APPROVED
( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Daniel McIntyre
Originating Dept. ( ) Budget Analyst.
Mark Satterlee
Marie Gouin
St
Sophia Holt
Planning and Development
Services Department
Business & Concurrency Management_ Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP; Planning &Development Services Director
FROM: Michael Brillhart, Business & Concurrency Manager
DATE: October 4, 2011
SUBJECT: Twin Vee Catamarans, Inc. — Request for Job Growth Investment Grant (JGIG) Incentives
ITEM NO. VI-G
BACKGROUND:
Twin Vee Catamarans, Inc. has requested a Job Growth Investment Grant (JGIG) economic development
incentive from St. Lucie County. Please see the attached letter from Twin Vee Catamarans dated June 3,
2011.
Twin Vee is an existing boat manufacturer that reopened its Fort Pierce manufacturing facility located at
3101 U.S. 1 in December 2009. This company is eligible for a JGIG in consideration of its designation on.
St. Lucie County's targeted industry list under "Manufacturing Facilities — Boat and Allied Products
Manufacturing".
The hourly wage of $15.00 is comparable to the County's average hourly wage of $15.24. Twin Vee
currently employs a staff of 22 and is planning for the hiring of 78 additional employees over the next three
years. Under this scenario, the maximum JGIG grant incentive is calculated in the amount of $146,250
phased over five years ($29,250 per year). The Board approved a Letter in Intent to provide this JGIG
business incentive to Twin Vee on August 24, 2010.
RECOMMENDATION:
Board approval of a Job Growth Investment Grant JGIG-11-005 in the amount of $146,250 phased over five
years ($29,250 per year).
JGIG-11-005
` ST. LUCIE COUNTY JOB GROWTH INVESTMENT
GRANT AGREEMENT
THIS AGREEMENT is made as of the 4th day of October , 2011 by and between St.
Lucie County, a political subdivision of the State of Florida, by and through its Board of County
Commissioners, hereinafter referred to as the COUNTY and Twin Vee Catamarans, Inc. a
corporation authorized to do business in the. State of Florida,. hereinafter referred to as the
COMPANY, whose Federal I.D. number is 27-1417610.
WITNESSETH:
WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by
either attracting new businesses to St. Lucie County or by encouraging the expansion of
existing businesses within St. Lucie County; and
WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and
the increased tax revenues resulting from such business expansion or relocation within St.
Lucie County is beneficial to the local economy; and
WHEREAS, the Board of County Commissioners has determined that offering a Job Growth
Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie
County and thereby create new employment opportunities for the residents of St. Lucie County;
and
WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job
Growth Investment Grant; and
WHEREAS, the COMPANY will either relocate to St. Lucie County or expand its existing
business in.St. Lucie County and thereby create certain new employment opportunities having a
specific wage level or higher in St. Lucie -County in accordance with the Job Growth Investment
Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and
WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth
1
Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and
WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the
COMPANY'S obtainment of the performance requirements as outlined in this Agreement; and,
WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job
Growth Investment Grant to COMPANY pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties do agree as follows:
1. Definitions. As used in this Agreement, the following terms shall mean:
a. "Annual Average Hourly Wage" - includes the hourly cost of wages, bonuses,
and commissions but does not include benefits. The Top two Executive salaries
as defined in this Agreement shall not be included in the average. wage
calculations.
b. "Base Period for Hourly Wage level and Job Creation" - the Employer's Quarterly
Report (UCT-6) as defined in Exhibit "A" for the quarter preceding the Grant
application.
C. "Default" - failure to comply with the terms of the Agreement.
d. "Effective Date" - date selected to start the annual monitoring of the Job Creation
and Hourly Wage level.
e. "Expansion of an existing business" - A business establishing 10 or more jobs to
employ 10 or more new full-time employees in the County. These jobs must
represent a net increase in employment at the site/facility and be not less than a
10 percent increase.
f. "Full-time Equivalent Job" - shall be calculated by total payroll hours per year
divided by 52 weeks and then, divided by 35 hours,
g. "JGIG" - shall mean Job Growth Investment Grant.
h. "New Business" - a business establishing 10 or more jobs to employ 10 or more
full-time employees in the County within the term of the Grant provided that such
business first begins operations on a site in the County clearly separate from any
other operation owned by the same business.
i. "Employer's Quarterly Report Form UCT-6" — is defined in Exhibit "A".
j. Research Firm — A company that employs 50% or more of their workforce in the
development of new products, refinement of existing products, testing of
2
products, development of new scientific information and others to be defined.
k. "St. Lucie County Average Hourly Wage" - At least 107% of the average annual
hourly wage per job in St. Lucie County, as determined by Enterprise Florida, Inc.
for State incentives.
2. Waae Level Commitment.
As a condition precedent to and. as consideration for obtaining JGIG funds from the
COUNTY, the COMPANY agrees to pay an average hourly wage of not less. than $15.00
per hour annually. This per hour wage will be adjusted on the third and six anniversary
of the Effective Date of this Agreement for wage rate . inflation based upon the
percentage increase of the Consumer Price Index from the date of the Agreement, then
at three years and then six years from the Effective Date of the Agreement.
The percentage change (in wage rate) will be added to the target wage rate in the
Agreement. The COMPANY shall provide written verification satisfactory to the
COUNTY that the average hourly wage of the jobs meets the average rate of $15.00 per
hour in the first three years of the Agreement and adjusted as defined above in year
three.
The first report provided by the COMPANY will be the State of Florida Employer's
Quarterly Report (Form UCT-6) including hours worked per month, total number of
employees, gross wages paid in the quarter and a total of hours and wages for the Top
Executive wages for the quarter previous to the JGIG Application Date. These Top
Executives are defined as the wages for the two (2) highest paid employees on a wage
basis. The COMPANY will provide the hours and wage dollars for these Top Two (2)
Executives for each reporting period. Each quarter after the approval of the JGIG the
COMPANY must provide this information to the COUNTY when filing the Employer's
Quarterly Report (Form UCT-6). The first report after the Effective Date may include only
a partial quarter due to the approval timing. The base period or the adjusted base period
at three (3) years or six (6) years will be subtracted from the current twelve (12) month
report to equal net growth of hours and wages. The net wages will be divided by the net
hours for the average hourly wage rate to compare to the adjusted targeted minimum
hourly wage level.
The COMPANY'S failure to maintain its hourly wage level commitment for any year will
result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude
the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is
able to maintain its hourly wage level commitment.
3. Job Creation Commitment.
As a condition precedent to, and as consideration for obtaining JGIG funds from the
COUNTY, the COMPANY agrees to create a minimum of 78 new Full -Time Equivalent
Jobs in St. Lucie County for a total of 100 company employees over the term of this
Agreement as more specifically set forth on Exhibit "B", which is attached hereto and
made a part hereof. These new jobs will be phased in on the following schedule;
Year One after Effective Date: 50% or a minimum of 50 jobs
Year Two after Effective Date: 70% or a minimum of 70 jobs
Year Three after Effective Date: 100% or a minimum of 100 jobs
To obtain the Grant_ amount for jobs created, the annual calculation of cumulative jobs
created must meet or exceed the minimum, cumulative job levels and meet the hourly
wage requirements:
The annual calculation of the incremental _jobs will be determined by taking the Base
Period quarterly reported hours and dividing by 455 (35 hours x 52 weeks x .25 of year)
to arrive at a full time employee count. The same calculation for the current year shall be
made by taking the reported annual hours divided by 1820 (35 hours x 52 weeks) to
arrive at a full time employee count. The Base Period employee count shall be
subtracted from the current employee count then comparing to the minimum jobs
committed by the COMPANY to create.
If the company does not achieve the cumulative job creation goal stated within the Job
Growth Investment Grant, but has achieved a minimum of 85% of the cumulative job
creation commitment for the period, the JGIG amount will be recalculated .for the
scheduled year. The County will recalculate the Grant amount based on the actual job
levels obtained, and pay the annual amount as calculated reduced by 50%.. The
COMPANY'S failure to achieve a minimum cumulative job creation of 85% of the job
creation commitment for any one year will result in the forfeiture of the entire Grant
amount it was scheduled to receive for that year and such funds shall not be available in
a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it
fails to meet or maintain its job creation commitment shall not be grounds for an
extension of the established payment schedule.
4. Term; Termination.
This Agreement shall be effective upon the date of execution of this contract. by both
parties hereto, and shall automatically terminate 10 years after the Effective Date unless
terminated earlier by the County because of a default by the COMPANY provided
however, provisions of this contract shall survive the termination of the contract.
5. Grant Eligibility; Payment Schedule.
a. Eligibility Determination; Payment. The initial eligibility determination for payment
of the JGIG shall be made on the first anniversary of the Effective Date of this
Agreement. Subsequent eligibility determinations shall be made at each
subsequent anniversary of the Effective Date of this Agreement.
Payment of JGIG Funds shall be made as follows: All. Grants with an Effective
Date between October 1 St. and March 31 st will be paid by May 15th after the
successful completion and submission of the required documentation each year.
All Grants with an Effective Date between April 1st and September 30th will be
paid by November 15th after the successful completion and submission of the
required documentation.each year.
Notwithstanding the foregoing, should the date for filing- the last annual
Employer's Quarterly Report (Form UCT-6), as. described in.. Exhibit ''A", not
coincide with the date that an eligibility determination is made; the COMPANY
shall have the right to file a report, in a form substantially similar to an Employer's
4
A
7.
D
9.
b
Quarterly Report in a form acceptable to the COUNTY for payment.
The COMPANY will be eligible for a Job Growth Investment Grant (hereinafter a
"Grant") of an amount up to $146,250 which Grant shall be payable as follows:
Year 1 - $29,250
Year 4 - $29,250
Year 2 - $29,250 Year 3 - $29,250
Year 5 - $29,250
This payout period, 5 years, will begin one year after the effective date October
4, 2011 based on payout schedule in paragraph 5 section a. The COUNTY shall
pay $1,875 per Full -Time Equivalent Job based upon the creation of 78
additional jobs.
Relocation Commitment.
The parties acknowledge and agree that the JGIG incentive agreement was an
inducement to have the COMPANY expand or relocate to St. Lucie County. This means
that the COMPANY made the decision to expand or relocate after considering the JGIG
package. As a condition precedent to, and as consideration for obtaining JGIG funds
from COUNTY, the COMPANY agrees to locate or expand its business operations
to/within St. Lucie County for a period of at least 5 years after the last scheduled
JGIG payment. Should the Company relocate before the agreed number of years, all
grant dollars paid to the Company shall be paid back to the County within a 120 day
period.
Annual Job Status.
The COMPANY must provide the COUNTY with the Employer's Quarterly Report UCT-6
of its business operations within St. Lucie County on the State form UCT-6 as amended.
The COMPANY shall provide the reports at the same time it provides the State of Florida
with the reports. With prior approval of the COUNTY, the COMPANY may submit a form
substantially similar to the annual Employer's Quarterly Report (Form UCT-6) provided
that information necessary to meet the requirements of this grant award is provided in a
form acceptable to the COUNTY the alternative form must be notarized and signed on
Company letterhead.
Grant Restriction:
The JGIG funds available under this Agreement as referenced in paragraph 5 will be
provided only for reimbursement of expenses associated with the physical move,
relocation and/or expansion of the COMPANY to St. Lucie County including but not
limited to corporate or COMPANY relocation expenses, infrastructure costs; leasehold
improvements, COMPANY sponsored child day care facilities, rent for COMPANY
facilities, lease buyouts, training expenses and other expenses approved by the Job
Growth Investment Grant Committee.
Default; Termination.
In the event the COMPANY defaults in the performance of its guarantees and
commitments as. provided for in this Agreement, the COUNTY may, at its option,
terminate this Agreement.
5
10. Indemnification.
For the sum of ten ($10.00) dollars consideration, receipt of which is hereby
acknowledged, the COMPANY shall indemnify and save harmless and defend the
COUNTY, its servants, and employees from and against any and all claims, liabilities,
losses, and/or cause of action which may arise from any negligent act or omission of the
COMPANY, its agents, servants, or employees in the performance of services under this
Agreement.
11. Forum; Venue.
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in St. Lucie County or the
Federal District Court for the Southern District of Florida. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No
single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
12. Lobbyist Certification.
The COMPANY warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the COMPANY to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
COMPANY, any fee, commission, percentage, gift, or any other consideration contingent
upon or resulting from the award or making of this. Agreement.
13. No Discrimination Certification.
The COMPANY warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
14. Attorneys' Fees.
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees, court costs and all expenses (including
taxes) even if not taxable as court costs (including, without limitation, all such fees, costs
and expenses incident to appeals), incurred in that action or proceeding, in addition to
any other relief to which such party or parties may be entitled.
15. Enforceability.
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of
31
16.
17
18
this Agreement, or the application of such terms or provision, to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Agreement shall be deemed valid
and enforceable to the extent permitted by law. The COMPANY'S failure to maintain Its
job creation commitment or salary level commitment for any one year will result in the
forfeiture of the Grant amount it was scheduled .to receive for that year; however, such
forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for
those subsequent years in which it is able to maintain its job creation and salary level
commitment.
Assignment.
The COMPANY shall not assign this Agreement to any other persons or firm without first
obtaining COUNTY'S written approval.
Conflict of Interest.
The COMPANY represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of
services required herein, as provided for in Section 112.31-1, Florida Statutes. The
COMPANY further represents that no person having any interest shall be employed for
said performance.
Notices.
All notices required in this Agreement shall be sent by certified mail, return receipt
requested and if sent to the COUNTY shall be mailed to:
St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, FL 34982
Roger Dunshee, CEO
Twin Vee Catamarans, Inc.
3101. S. U.S. 1
Fort Pierce, FL 34982
With copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
Candy Marlow, Assistant Vice President
The Economic Development Council
of St. Lucie County, Inc.
1850 SW Fountainview Blvd., Suite 205
Port St. Lucie, FL 34986
19. Entire Agreement.
The COUNTY and the COMPANY agree that this Agreement sets forth the entire
Agreement between the parties, and that there are no promises or understandings other
than those stated herein. None of the provisions, terms and conditions contained in this
Agreement may be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has
h
made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto
sets its hand the day and year above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
WITNESSES: COMPANY
BY:
(Corporate Seal)
Form Update: 3/10/2009
8
Signature and Title
Typed Name
Date
z
Use black ink. Example A - Handwritten Example 6 -- jTyped
CE: ilim-9— 11❑�3am Ie�IJL❑
QUARTER ENDING DUE DATE
[1F1/0F1/[1110F1 F
-
Name
Mailing
Address
City/StIZiP
Location
Address
City/st/ZIP
1. Enter the total number a ❑ ❑ 9 a ❑
of full-time and part-time 1st Month
covered workers who ❑ ❑ ❑ 9 a ❑ ❑
performed services during 2nd Month
or received pay for the
payroll period including the ❑ ❑ } ❑ ❑
12th of the month. 3rd Month
Check if final return:
Date operations ceased.
aCheck if you had out-of-state wages. Attach Employer's
Quarterly Report for Out -of -State Taxable Wages (UCT-6NF).
Florida Department of Revenue Employer's Quarterly Report
Employers are required to file quarterly tax/wage reports regardless of employment activity or whether any taxes are due.
UCT6
R. 01/11
PENALTY AFTER DATE TAX RATE UT ACCOUNT NUMBER
ooac
Do not make any changes If you do not have an account number, you
to the pre-printed are required to register (see instructions). .
information on this form. F.E.I. NUMBER
If changes are needed,
request and complete an
Employer Account [10-OM111111n
Change Form (UCS-3). FOR OFFICIAL USE ONLY POSTMARK DATE
Reverse Side Must be Completed
2. Gross wages Dag his quarter �❑ a 9� a .
(Must total all pages)
3. Excess wages paid this quarter a [10 YFI [I a 1011� . F1 0
(See instructions)
4. Taxable wages paid this quarter
(See instructions)
5. Tax due [IT 100 11In[l] . 110
(Multiply Line 4 by Tax Rate)
6. Penalty instructions)
nstructions due ) F1 11 '11 11 n'[] 1111 r 110
See in
7. Interest due 11 F1 90 a n 911 1111 - 110
(See instructions)
R. Installment fee
(See instructions) a
9a. Total amount due (See instructions) n n F1 90 11[1 10 11 P. n 11
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9 9
r rr -� If you are filing as a sole proprietor, is this for
.-� . 6 domestic (household) employment only? []Yes []No
Under penalties of perjury, I declare that I have read this return and the facts stated in it are true (sections 443.171(5) and 443.141(2), Florida Statutes),
Title
Sign here
Signature of officer Date
Phone ( )
Fax ( )
Preparer's
signature
Preparer check
if self-employed
❑
Preparer's
SSN or PTIN
Paid
preparers
only
Firm's name (or yours Date
FEIN
if self-employed)
and address ZIP
Preparer's
phone number ( )
-•-------------- o----------------- `------------------------------------------- _------------------- UUNUI
DETACH
Rule6066-2.037 Employer's Quarterly Report Payment. Coupon
Florida Administrative Code - - -
Florida Department of Revenue COMPLETE and MAIL with your REPORT/PAYMENT. DQR USE ONLY
Please write your UT ACCOUNT NUMBER on check. ❑❑ / ❑ E / ❑
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---------------DETACH
--------------------------------------------------
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Unemployment Tax
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Exhibit B
To the Job Growth Investment Grant Agreement
betweenSt. Lucie County and
Twin Vee Catamarans, Inc.
I. Target:
Industry Category eligible for application. Qualified companies are listed on the Target
Industry List attached — circle the qualified industry. Attachment Exhibit B -1.
II. Application Section Criteria:
X Expansion 78 of net new jobs (number)
New Business of net new jobs (number)
Relocation of net new jobs. (number)
Ill. Employment Commitment:
COMPANY is receiving this grant based upon its representation that it will bring the
following employment opportunities to St. Lucie County:
100 Total number of employees (new and existing) expected during term of
grant
78 New, full time employees (eligible for grant application) expected during
term of grant (100 total - 22 current = 78 new)
% of County residents
$15.00 Average hourly wage of all employees to be employed by company
$15.24 Current average hourly wage in St. Lucie County
Capital Investment Amount (Building improvements, equipment etc).
IV. Grant Amount:
Grant award calculation not to exceed $1,500,000 including bonuses
$117,000 Base Grant Amount $1,500 X number of new jobs eligible for grant
Bonus computations:
$23,400 50-99 total new jobs (20% bonus)
100-199 total new jobs (30% bonus)
Project Draft — Manufacturing Facility
August 6, 2010 Page 1
200+ total new jobs (35% bonus)
$5,850
90% or more local. hires - St. Lucie County Residents (5% bonus)
Average salary for applicant's jobs will be 125% of St. Lucie County
average salary (15% bonus)
Average salary for applicant's jobs will be 150% of St. Lucie County
average salary (30% bonus)
Research Firm (30% bonus)
Use of local contractors for construction activity` (5% bonus)
$29,250 Total Bonuses
$146,250 Total Grant (base amount + total bonuses)
*Local contractors are those contractors who are licensed in St. Lucie County and have an office
located in St. Lucie County.
* Total grant to be paid over a five year period.
Total JGIG Amount = $146,260
Project Draft — Manufacturing Facility
August 6, 2010 Page 2
Exhibit B-1
Twin Vee Catamarans, Inc.
ST. LUCIE COUNTY TARGETED INDUSTRY LIST
MANUFACTURING FACILITIES
Appliance Component Manufacturing
Aquaculture
Aviation & Aerospace Manufacturing
oat and A lie Products Mfg.
C emical Manufacturing
Computer & Electronic Component Mfg:
Computer & Electronic Product Mfg.
Electrical Equipment Manufacturing
Electromedical Apparatus Mfg.
Fiber Optic Cable Manufacturing
Food & Beverage Products Manufacturing
Instruments for Measuring & Testing Elec.
Laser Manufacturing
Lens Manufacturing
Machinery Manufacturing
Pharmaceutical Manufacturing
Power Distrib., Generation & Technology
Printing & Related Support Activities
Software Reproducing
Surgical & Medical Instrument Mfg.
Transportation Equipment Manufacturing
Wood & Paper Product Manufacturing
FINANCE & INSURANCE SERVICES
Funds Trust & Other Financial Vehicles
INFORMATION INDUSTRIES
Data Processing Services.
Film, Video/Electronic Media Production
Information Services & Data Processing
Music Publishing
Satellite Communications
Software Publishing
Telecommunications
CLEAN ENERGY
Biomass Energy and Biofuels
Fuel Cell and Hydrogen Technologies
Ocean Energy
Other Renewables
Solar Energy
PROFESSIONAL, SCIENTIFIC &
TECHNICAL SERVICES
Bio-Medical & Bio-Science
Computer Programming/Software
Computer System Design
Management, Scientific & Tech Services
Nano Technology
Professional, Scientific & Technical
Research & Development
Scientific & Technical Consulting Svc
Simulation Training
Testing Laboratories.
MANAGEMENT & DISTRIBUTION
Distribution Centers
Management Services
National, International & Regional Hdqtrs
ADMINISTRATIVE & SUPPORT SERVICES
Technical Support
Other industries may be considered by the
Board of County Commissioners if the
company can improve the quality of life within
the community by creating new jobs and/or
high wage jobs.
Aff 51FAFR IFCSe
TM
June 3, 2011 _ yw
L ! 3JI
i u
Ms. Faye W. Outlaw, MPA °y
County Administrator
St. Lucie County BY: - r
r�� --------
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
Dear Ms. Outlaw,
Twin Vee Catamarans, Inc, requests approval from the Board of County Commissioners to award
a Job Growth Investment Grant (JGIG), as per your letter of intent dated August 24, 2010. As of
August 24, 2010, Twin Vee had 22 employees and committed to adding 78 additional jobs over
the course of four years.
Twin Vee hiring projections of 100 jobs at an average hourly wage of $15, 00 are as follows:
30 jobs by end of 2011
-i.. 50 jobs by end of 2012
.a.. 70 jobs by end of 2013
�.. 100 jobs by end of 2014
The legal name and contact information to communicate with Twin Vee:
Mr. Roger Dunshee, CEO
Twin Vee Catamarans, Inc.
3101 S US 1
Fort Pierce, FL 34982
(772) 429-2525
We appreciate your affirmative consideration and look forward to growth and success for our
company, county residents and a flourishing economy in St. Lucie County and the region.
Sincerely,
Donna Dunshee-
President
cc: Michael Brillhart, SLC Growth Management
Candy Marlow, EDC
3101 S. Federal Highway - Fort Pierce, FL 34982
Phone:-{772) 429-2525 - Fax: (772) 429-2590
www.twinvee.com - info@twinvee.com
' ST. LU�IE
• COUNTY ,
r F L O R i D A
August 24, 2010
Mr. Larry Pelton
Economic Development Council of St. Lucie County
1850 SW Fountainview Boulevard, Suite 205,
Port St. Lucie, Florida 34986
Re: Letter of Intent — Project Draft
Dear Mr. Pelton:
FAYE W. OUTLAW, MPA
St. Lucie County is pleased to present to Project Draft an estimated incentive package to demonstrate the
County's support for a favorable decision to expand their existing business in St. Lucie County.
The incentive package is contingent upon Project Draft expanding their boat manufacturing facility in St. Lucie
County and employing, within a four-year period_ , a total of 100 persons within St. Lucie County at an average
annual wage of at least $15.00 per hour. The incentive package will include a Job growth Investment Grant
(JGIG):
Job Groaetia investment Grant
It is the understanding of St. Lucie County that Project Draft intends on hiring 78 additional employees to its
current 22 employees at its existing manufacturing facility location in Fort Pierce. This increase will bring the
total employee count to a minimum of 100 over the next four years. Approval of a JGIG Agreement is subject
to final approval by the Board of County Commissioners.
St. Lucie County is very appreciative of Project Draft expanding its operations in St. Lucie County and
potentially creating 78 new jobs for our citizens. We look forward to a long and mutually beneficial relationship.
Sincerely,
Faye W. Outlaw, M.P.A.
County Administrator
cc: St. Lucie County Board of County Commissioners
Daniel McIntyre, County Attorney
Lee Ann Lowery, Assistant County Administrator
Mark Sattedee, Planning & Development Services Director
Michael Brilihart, Business & Concurrency Manager
CHRIS DZADOvSKY, Districr No. 1 • DOUG COWARD, DUAct
No. Adm 2 LArrA. LE IS, W. , t No. CHARLES GRANDE. District No. d a CHRIS CRAFT, District No. 5
County
PA
2300 Virginia Avenue • Fort Pierce, FL 34982-5652 e Phone (772) 462-1592 o TDD (772) 462-1428
FAX (772) 462-2131 • email: ourlowfftlucieco.org
web site: www:stiucieco.org
ITEM NO. VI -DI
DATE: 08/24/'I O
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Brillhart,
SUBMITTED BY: Planning & Development Services Business & Concurrency Manager
/1
SUBJECT: Project Draft — Letter of Intent
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-5215-582000-500 County Job Incentive
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to have the County Administrator send a Letter of Intent to offer
Project Draft a Job Growth Investment Grant (JGIG) in the amount of $146,250
phased over five years ($29,250 per year).
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/SWnaiures
County Attorney (1/1) 1 n OMB Director (A)
Daniel McIntyre Marie Gouin
Originating Dept. ( )40 Budget Analyst (' ) -g
Mark Satterlee Sophia Holt
TO.:
PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT
Board of County Commissioners
MEMORANDUM
THROUGH: Mark Satterlee, AICP, Planning & Development Services Director
FROM: Michael Brillhart, Busines,� & Concurrency Manager
Gt�t.
DATE: August 24, 2010
SUBJECT: Project Draft — Letter of Intent
ITEM NO. VI-D1
Background:
Project Draft has requested economic development incentives in consideration of employee expansion at
their existing boat manufacturing facility in Fort Pierce. The company reopened its operations under new
ownership in December 2009 after the previous owner filed for bankruptcy and ceased operations at the
location in early 2009. This particular industrial activity is an eligible industry on the County's Qualified
Target Industries (QTI) list.
To date, 22 employees have been hired at an average wage of $15 per hour with the intent of hiring up to
100 total employees within the next four years. The assessed valuation of the existing building in which
Project Draft has current operations is already recorded on the County's tax roll. The owner is not planning
for any additional capital improvement investments into the facility. As such, the company is not eligible for
an economic development ad valorem tax exemption.
Even though this company will pay an average wage less than the current St. Lucie County average wage .
of $15.78 per hour, staff has taken into consideration the owner's commitment to hire a total of 100
employees (78 new employees over four (4) years) at an average wage of $15 per hour, 5% less than St.
Lucie County's current average wage. Following the recommendation of the Economic Development
Council, the possibility of other related key businesses being attracted to St. Lucie County and the County's
current unemployment rate, staff is recommending that Project Draft receive a Job Growth Investment
Grant (JGIG) in._the amount of $146,250 phased over five years ($29, 250 per year).
Recommendation
Board authorization to have the County Administrator send a Letter of Intent to offer Project Draft a Job
Growth Investment Grant (JGIG) in the amount of $146,250 phased over five years ($29,250 per year)..
August 24, 2010
Mr. Larry Pelton
Economic Development Council of St. Lucie County
1850 SW Fountainview Boulevard, .Suite 205
Port St. Lucie, Florida 34986
Re: Letter of Intent — Project Draft
Dear Mr. Pelton:
St. Lucie County is pleased to present to Project Draft an estimated incentive package to demonstrate the
County's support for a favorable decision to expand their existing business in St. Lucie County.
The incentive package is contingent upon Project Draft expanding their boat manufacturing facility in St. Lucie
County and employing, within a four-year period, a total of 100 persons within St. Lucie County at an average
annual wage of at least $15.00 per hour. The incentive package will include a Job Growth Investment Grant
(JGIG).
Job GroN h Investment Grans
It is the understanding of St. Lucie County that Project Draft intends on hiring 78 additional employees to its
current 22 employees at its existing manufacturing facility location in Fort Pierce. This increase will bring the
total employee count to a minimum of 100 over the next four years. Approval of a JGIG Agreement is subject
to final approval by the Board of. County Commissioners.
St. Lucie County is very appreciative of Project Draft expanding its operations in St. Lucie County and
potentially creating 78 new jobs for our citizens. We look forward to a long and mutually beneficial relationship.
Sincerely,
Faye W. Outlaw, MPA
County Administrator
Copy to: St. Lucie County Board of County Commissioners
Daniel McIntyre, County Attorney
Lee. Ann Lowery, Assistant County Administrator
Mark Satterlee, Planning & Development Services Director
ECONOMIC DEVELOPMENT
cour,u� or sr tuna couwrr
PVu V ir,FAR E-9
or Po n ry;r;ce
July 2, 2010
Ms. Faye W. Outlaw, MPA
Ri+;er„8taie
County Administrator
o ...,.,. �.-,
St. Lucie County
- 'Y. Lucie -Chun?!V "c loos
2300 Virginia Avenue -
a a y;�•,':E s�€ut-oas
Fort Pierce, FL 34982
Bo:ziaD orAEN:ISO s L EV E L
Last„'aoc , &
RE: Project Draft
. .'i�d!i iIl';IseUtS . S.. _a-rJ C;cn:ei- -
P�1G+'iitl Pvci� . i:3 ri33ii1 ?,
Dear Faye.:
Torrey ` 9^e• i2'.3 i:L3`•.? C6' i''.ildi skiefi'as
LEVEL
c"M 'F10
q.S.
EDC recommends the Board of Count Commissioners favorabl reconsider
Y Y
s;:�T `=io:;sa
a request from Project Draft for both ad valorem tax abatement and a Job
;;�;��,,Nr.-'_r�,er l._ ;i,,,•
Growth Incentive Grant.
PNC Sank,
eacQast Nnona2 sa-,r.
The owner of Project Draft began operation of the company in December
•s
2009, after its owners filed bankruptcy and closed their doors earlier
,(3 1 Fso,i'd-a• ii':C.
previous
that The new owner is committed to employees back to work
r;l._RSIiI? ,1EVEi
year. putting
while rebuilding the business. After less than six months Project Draft has
s<.'s"e:da':ic-s 11 .
hired or reemployed 22 employees, at an average wage of $15 per hour.
Projected employment is expected to reach 100 jobs within the next four
'Gable T10'
years.
T rensa.;r e CoacF
ti;rJ;c_;l:
The Economic Development Council supports the efforts of Project Draft to
:10:- Pcr.ATE LEVEL.
put job -seekers back to work, which is particularly significant in light of the
AE:C X-%V
high unemployment in St. Lucie County.
, .-
aRCic:7�C•!?-�i�:.:�E?sGE':s,.i.4•,;, -U!IJ.
;�-;.�^. ;•:oil. i,+i.ry.Je', ''; _':1 ca'e.cf
This project is similar to the Silver -Line Plastics acquisition that was recently
inc,
awarded ad valorem tax abatement; and we request favorable consideration in
sa,r;,,. 7'U .;
support of Project Draft.
V L1 ii,:�LI G.li it i; ,: �'?.r`�. J•� l.iG'F ::i
Sincerely,
Orange 51"n"Ofn
17,
` ; , • r
'Larry
Ppiton
President
Stiles C�D-Islructon
1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986
(772) 879-4144 Office a (772) 879-7477 Fax a contact@YourEDC.com a www.YourEDC.com
Exhibit B
To the Job Growth Investment Grant Agreement
between St. Lucie County and
PROJECT DRAFT
I. Target:
Industry Category eligible for application. Qualified companies are listed on the Target
Industry List attached — circle the qualified industry. Attachment Exhibit B — 1
II. Application Section Criteria:
X Expansion 78 of net new jobs (number)
New Business of net new jobs (number)
Relocation of net new jobs (number)
III. Employment Commitment:
COMPANY is receiving this grant based upon its representation that it will bring the
following employment opportunities to St. Lucie County:
100 Total number of employees (new and existing) expected during term of
grant
78'New, full time employees (eligible for grant application) expected during
term of grant (100 total - 22 current = 78 new)
% of County residents
$15.00 Average hourly wage of all employees to be employed by company
$15.78 Current average hourly wage in St. Lucie County
Capital Investment Amount (Building improvements, equipment etc).
IV. Grant Amount:
Grant award calculation not to exceed $1,500,000 including bonuses
$117,000 Base Grant Amount $1,500 X number.of new jobs eligible for grant
Bonus computations:
$23,400 50-99 total new jobs (20% bonus) -
1007199 total new jobs (30% bonus)
G:economic/JGIG/agreement
Project Draft
August 6, 2010
final template approved 03.10.2009 Page 1
200+ total new jobs (35% bonus
$5,850 90% or more local hires — St. Lucie County Residents (5% bonus)
Average salary for applicant's jobs will be 125% of St. Lucie County
average salary (15% bonus)
Average salary for applicant's jobs will be 150% of St. Lucie County
average salary (30% bonus)
Research Firm (30% bonus)
Use of local contractors for construction activity* (5% bonus)
$29,250 Total Bonuses
$146,250 Total Grant (base amount + total bonuses)
* Local contractors are those contractors who are licensed in St. Lucie County and have an
office located in St. Lucie County.
Total JGIG Amount = $146,250
G:economic/JGIG/agreement
Project Draft
August 6, 2010
final template approved 03.10.2009
Page 2
Exhibit B - I
Target Industry List
MANUFACTURING FACILITIES
PROFESSIONAL, SCIENTIFIC &
Chemical Manufacturing
TECHNICAL SERVICES
Pharmaceutical Manufacturing
Professional, Scientific & Technical
Plastics & Rubber Products Mfg.
Computer Programming/Software
Computer & Electronic Product Mfg.
Computer System Design
Computer & Electronic Component Mfg
Management, Scientific & Tech Services
Electromedical Apparatus Mfg.
Research & Development
Laser Manufacturing
Scientific &Technical Consulting Svc
Semiconductor Manufacturing
Simulation Training
Software Reproducing
Testing Laboratories
Transportation Equipment Manufacturing
Bio-Medical & Bio-Science .
Aviation & Aerospace Manufacturing
Machinery Manufacturing
Instruments for Measuring & Testing Elec.
Lens Manufacturing
Power Distrib., Generation & Technology
Electrical Equipment Manufacturing
Appliance Component Manufacturing
Fiber Optic Cable Manufacturing
Miscellaneous Manufacturing
Surgical & Medical. Instrument Mfg.
Food & Beverage Products Manufacturing
Textile Mills & Apparel Manufacturing
Wood & Paper Product Manufacturing
Printing & Related Support Activities
Metal Manufacturing
Furniture & Related Products Mfg.
Aquaculture
FINANCE & INSURANCE SERVICES
Nondepository Credit Institutions
Securities, Commodity Contracts
Insurance Carriers
Funds, Trust & Other Financial Vehicles
INFORMATION INDUSTRIES
Sound Recording Industries
Film, Video/Electronic Media Production
Information Services & Data Processing
Internet Svc Providers, Web Search Portals
Data Processing Services
Publishing Industries
Software Publishing
Music Publishing
Telecommunications
Satellite Communications
MANAGEMENT & DISTRIBUTION
Management Services
National, International & Regional Headqtrs
Distribution Centers
National, International & Regional
Distribution Centers
ADMINISTRATIVE & SUPPORT SERVICES
Customer Care Centers
Inbound Telephonic & On-line Business Svs
(no outbound services)
Customer Support
Transaction Processing
Technical Support
Credit Bureaus
Other industries may be considered by the Board of
County Commissioners if the company can improve
the quality of life within the community by creating
new jobs and/or high wage jobs.
Project Draft
e
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
ITEM NO
DATE:
AGENDA REQUEST REGULAR
BOARD OF COUNTY COMMISSIONERS
Planning & Development Services
St. Lucie County International Airport
VI-G2
10/04/11
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY:
Todd A. Cox 9))
Airport Manager
Budget Resolution No. 11-153, Terminal and Customs & Border Protection (CBP)
Facility Renovations (Phase 2)
See attached memorandum.
FUNDS AVAILABLE: 140375-4220-562000-114601 — Building (pending BOCC approval)
140-4220-563000-4804 — Airport Local Match (pending BOCC approval)
PREVIOUS ACTION: August 16, 2011 - Board approved Resolution No. 11-118 accepting the. Florida
Department of Transportation (FDOT) Joint Participation Agreement for the CBP
Facility renovations (Phase 2).
August 16, 2011 — Board approved LPA Group Inc. Work Authorization No. 37 for
professional engineering and design services for the CBP Facility Renovations
RECOMMENDATION: Board approval of Budget Resolution No. 11-153 establishing the fund for the
FDOT grant for the Terminal and Customs & Border Protection Facility
Renovations (Phase 2), and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
County Attorney ( )
Purchasing ( )
Originating Dept. ( )
CONCURRENCE.
( ) DENIED
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Daniel S. McIntyre Marie Gouin
.-� atty Marston
Desiree Cimino
Melissa berlund
Mark atterlee
ERD ( )
Planning and Development
Services Department
® Airport Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Director,
Planning & Development Services
FROM: Todd A. Cox, C.M., Airport Manager '_"
DATE: October 4, 2011
SUBJECT: Budget Resolution No. 11-153, Terminal and Customs & Border Protection (CBP)
Facility Renovations (Phase 2)
ITEM NO. VI-G2
Background:
This agenda request is for Board acceptance of attached Budget Resolution No. 11-153 establishing
the fund for the Florida Department Transportation (FDOT) grant in the amount of $1,520,000, with a
local match of $380,000. The purpose is to fund modernizing the Airport Customs and Border
Protection (CBP) Facility. This project was approved under the FY 2011 Capital Improvement
Program. All Airport funds are budgeted and available with no contributions required from the general
fund
The existing CBP was built in 1980. This facility and its associated operations have grown over the
last 30 years to include processing of all commercial and private marine vessels entering the Port of
Fort Pierce, commercial truck processing, and overseas passenger processing at the airport. Due to
the continued growth of the airport and CBP operations and responsibilities, the current CBP facility
does not support existing operations. Expansion of the facility is needed to maintain compliance with
existing Department of Homeland Security/CBP facility requirements. Though the facility is currently
not compliant, the Airport is not at risk of facing regulatory action by CBP. With the Airport being
responsible for the maintenance and upkeep of the CBP facility, the renovations will also assist in
reducing building -related utility and maintenance costs.
The Terminal and CBP Facility renovations are part of a multi -year project that started in April 2009,
consisting of the Phase 1 Terminal Renovations & CBP Facility Design; Phase 2 CBP Facility
Renovations, and the Terminal & CBP Apron Rehabilitation. Total project amount is $5,377,500.
FDOT has provided $4,302,000 in grant funding and the required local match of $1,075,500 is in
place. Phase 1 of the project is fully funded with a portion of the FDOT grant funds set aside for the
Phase 2 design of the CBP facility renovations. The Phase 1 Terminal Renovation project was
awarded in June 2011.
Recommendation
Board approval of Budget Resolution No. 11-153 which establishes the fund for the FDOT grant for the
Terminal and Customs & Border Protection Facility Renovations (Phase 2), and authorization for the
Chairman to sign documents as approved by the County Attorney.
RESOLUTION NO. 11-153
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available from the Florida Department of Transportation through a Joint Participation Agreement, in the
amount of $1,520,000, as funding for the Terminal and Customs & Border Protection (CBP) Facility
Renovations (Phase 2) at the St. Lucie County International Airport.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 4th day of October, 2011, pursuant to Section 129.06 (d), Florida
Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget
is hereby amended as follows:
REVENUE
1.40375-4220-334411-114601 FDOT-Transportation $1,520,000
APPROPRIATIONS
140375-4220-562000-114601 Buildings $1,520,000
After motion and second the vote on this resolution was as follows:
Commissioner Chris Craft, Chairman
. XXX
Commissioner Chris Dzadovsky, Vice Chairman
XXX
Commissioner Frannie Hutchinson
XXX
Commissioner Paula Lewis
XXX
Commissioner Tod Mowery
XXX
PASSED AND DULY ADOPTED THIS 4TH DAY OF OCTOBER 2011.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
e
AGENDA REQUEST
ITEM NO. VI-G3
DATE: 10/04/11
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Charlotte Lombard
SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinator
SUBJECT: 2011/2012 Contracts for the Treasure Coast Sports Commission
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 611-5210-582000-500
PREVIOUS ACTION: December 12, 2010 — Board approval of 2010/2011 1 st Contract Amendment
September 28, 2010 — Board approval of 2010/2011 Treasure Coast Sports
Commission contracts
RECOMMENDATION: Board approval of the 2011/2012 contracts for the Treasure Coast Sports
Commission for a total amount of $150,000 and authorization for the Chairman to
sign the contracts as prepared by the County Attorney.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
County Attorney ( )
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Dan McIntyre/W
Mae I th
Originating Dept. ( )
M. S tterlee
C. Lombard
ERD
M. Gou n/P. Marston
n/a
Planning & Development Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, Planning & Development Services Director
FROM: Charlotte Lombard
Tourism
DATE: October 4, 2011
SUBJECT: 2011/2012 Contracts for the Treasure Coast Sports Commission
ITEM NO. VI-G3
Background:
The Treasure Coast Sports Commission (TCSC) has been promoting tourism in the County by
attracting sporting events that provide measurable economic impact to the County and the Treasure
Coast since 1999. At the June 8, 2011 and July 27, 2011 Tourist Development Council (TDC)
meetings, the TDC recommended the approval of FY2012 tourism budget which included $150,000 of
grant funding to the TCSC for the 2011/2012 fiscal year. These funds are generated by the tourist
development tax.
Total recommended funding to the TCSC for FY 2011/2012 is $150,000. Below is a breakdown of the
funding allocation:
$ 75,000 —Administrative costs
75,000 — Bids fees and sponsorships
$150,000 — Total
Recommendation
Board approval of the 2011/2012 contracts for the Treasure Coast Sports Commission for a total
amount of $150,000 and authorization for the Chairman to sign the contracts as prepared by the
County Attorney.
FY 2011/2012
GRANT CONTRACT
(Bid Fees and Sponsorships)
THIS CONTRACT, made this day of , 2011, between ST. LUCIE
COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and
TREASURE COAST SPORTS COMMISSION, INC., a Florida not -for -profit corporation,
or its successors, executors, administrators, and assigns, hereinafter called the "Recipient."
IN CONSIDERATION of the mutual benefits received by each part, the parties
mutually agree as follows:
1. The County shall disperse to the Recipient a grant in the total amount of
seventy-five thousand and 00/100 dollars ($75,000). The County shall reimburse the
Recipient's sports event bid fees for new events in accordance with the following schedule:
October 15, 2011
$20,000
January 15, 2012
$40,000
April 15, 2012
$15,000
The Recipient shall submit a written report on each event funded by the grant to the
Tourism Development Manager within thirty (30) days after the completion of the event.
The report on the event(s) funded by the grant shall include, but not be limited to, the
number of attendees at the event, a list of hotels and/or other accommodations used by
participants and attendees at the event, the number of room nights generated by the event
and a copy of the brochure, flyer or poster used to market the event.
2. The Recipient shall expend grant monies toward bid fees and sponsorships of
new events within St. Lucie County based on the number of attendees at the event, hotels
and/or other accommodations used by participants and attendees at the event, and room
nights generated.
3. The Recipient shall actively seek out new events to diversify the sporting
events solicited by the Recipient. New shall mean any event that has not been to 5t. Lucie
County for at least three years.
4. The Recipient shall have internal fiscal controls adequate to safeguard the
grant funds.
5:\ATTY\AGREEMNT\C0NTRACT\tcsc-bidFees-sponsorships-12.wpd -1-
5. If the grant cannot be used or a subsequent audit reveals the grant was not
used according to this Contract, any money not used shall be reimbursed to the County.
6. The Recipient shall provide an audit, by a certified or duly licensed public
accountant, of the expenditure of the grant. In the alternative and subject to the prior
written approval of the County Manager and Budget Director, the Recipient may submit
qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents
required under this paragraph within ninety (90) days after the end of its current fiscal year.
7. The Recipient gives the County the right, until the expiration of three (3) years
after expenditure of funds under this agreement, to audit the use of the grant monies. Upon
demand, the County shall have access to and the right to examine any directly pertinent
books, documents, papers, and records of the Recipient involving transactions related to
these grant monies. All required records shall be maintained until an audit is completed and
all questions arising therefrom are resolved, or until the expiration of three (3) years after
the expenditure of funds.
8. The Recipient agrees to fully indemnify and hold harmless the County, its
officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs
and expense in any way arising out of the receipt or expenditure of these monies.
9. The Recipient agrees to comply with all local, state and federal laws, rules and
regulations.
10. All publications issued by the Recipient shall include the following statement:
"Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie
County Tourist Development Council." In the alternative, Recipient shall use the Tourist
Development Council's logo, subject to prior approval of the St. Lucie County Tourism
Marketing and Public Relations Specialist.
11. Either party may terminate this Contract with or without cause upon thirty (30)
days written notice to the other provided however the Recipient shall reimburse the County
for all unexpended funds or funds expended in conflict with Recipient's application, as of the
date of the termination notice.
12. Any notice shall be in writing and sent registered or certified mail, postage
and charges prepaid, and addressed to the parties at the following addresses:
5:\ATTY\ACREEMNT\CONTRACT\tcsc-bidfees-sponsorships-12,wpd -2-
To the County: St. Lucie County Administrator
Administration Annex
2300 Virginia Ave., 3rd Floor
Fort Pierce, Florida 34982
With a Copy to: St. Lucie County Attorney
Administration Annex
2300 Virginia Ave., 3rd Floor
Fort Pierce, FL 34982
To the Recipient: Treasure Coast Sports Commission, Inc.
Tradition Field Sports Complex
527 NW Peacock Boulevard
Port St. Lucie, Florida 34986
13. No amendment, modification or waiver of this Contract shall be valid or
effective unless in writing and signed by both parties and no waiver of any breach or
condition of this Agreement shall be deemed to be a waiver of any other conditions or
subsequent breach whether of like or different nature. If the County currently provides
or subsequently provides any forms for contract modification, Recipient agrees to use said
forms.
14 Except as otherwise provided, this Contract shall be binding upon and shall
insure to the benefit of the parties.
15. This Contract embodies the whole understanding of the parties. There are
no promises, terms, conditions or obligations other than those contained herein, and this
Contract shall supercede all previous communications, representations or agreements,
either verbal or written, between parties hereto.
16. All interpretations shall be governed by the laws of the State of Florida. In
the event it is necessary for either party to initiate legal action regarding this Contract,
venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims
under state law and the Southern District of Florida for any claims which are justiciable
in federal court.
5:\ATTY\AGAEEMNT\CONTRACT\tcsc-bidfees-sponsorships-12.wpd -3-
IN WITNESS WHEREOF, the parties have caused the execution by their duly
authorized officials as of the day and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
ATTEST:
SECRETARY
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
TREASURE COAST SPORTS COMMISSION,
INC.
BY:
DATE:
5:\ATTY\AGREEMNT\CONTRACT\tcsc-bidFees-sponsorships-12,wpd -4-
PRESIDENT
THIS CONTRACT, made this
FY 2011/2012
GRANT CONTRACT
(Administrative Costs)
day of
, 2011, between ST.
LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and
TREASURE COAST SPORTS COMMISSION, INC., a Florida not -for -profit corporation, or its
successors, executors, administrators, and assigns hereinafter called the "Recipient":
IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree
as follows:
1. The County shall disperse to the Recipient a grant in the total amount of seventy-five
thousand and 00/100 dollars ($75,000.00) for administration costs. The County shall disperse the
grant funds in accordance with the following schedule:
October 15, 2011
$7,500.00
November 15, 2011
$7,500.00
December 15, 2011
$7,500.00
January 15, 2012
$7,500.00
February 15, 2012
$7,500.00
March 15, 2012 $7,500.00
April 15, 2012
$7,500.00
May 15, 2012
$7,500.00
June 15, 2012
$7,500.00
July 15, 2012
$7,500.00
2. The Recipient shall use the grant monies for the operational expenses associated with
its efforts to attract, stimulate, and promote sporting events in St. Lucie County from the date first
above written through and including September 30, 2012. Operational expenses shall be limited to staff
salaries, office supplies, equipment, marketing, and advertising costs. The Recipient shall submit
quarterly written reports to the St. Lucie County Tourism Manager regarding the expenditure of the
grant funds and activities of the Recipient, particularly the promotion of sporting events in St. Lucie
County. The reports shall be delivered on or before February 1, 2012, May 1, 2012, August 1, 2012,
and November 1, 2012.
3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds.
4. If the grant cannot be used or a subsequent audit reveals the grant was not used
according to this contract, any money not so used shall be reimbursed to the County.
5. The Recipient shall provide an audit, by a certified or duly licensed public accountant,
of the expenditure of the grant. In the alternative and subject to the prior written approval of the
County Administrator and Budget Director, the Recipient may submit qualifying paid invoices in lieu of
a certified audit. The Recipient shall submit all documents required under this paragraph within ninety
(90) days after the end of its current fiscal year.
6. The Recipient gives the County the right, until the expiration of three (3) years after
expenditure of funds under this Contract, to audit the use of the grant monies. Upon demand, the
5:\ATTY\AGREEMNT\CONTRACT\tcsc- Adminl2mpd
County shall have access to and the right to examine any directly pertinent books, documents, papers,
and records of the Recipient involving transactions related to these grant monies. All required records
shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until
the expiration of three (3) years after the expenditure of the funds.
7. The Recipient agrees to fully indemnify and hold harmless the County, its officers,
employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any
way arising out of the receipt or expenditure of these monies.
8. The Recipient agrees to comply with all local, state and federal laws, rules and
regulations.
9. All publications issued by the Recipient shall include the following statement:
"Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County
Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development
Council's logo, subject to prior approval of the St. Lucie County Tourism Development Manager.
10. Either party may terminate this Contract with or without cause upon thirty (30) days
written notice to the other provided however the Recipient shall reimburse the County for all
unexpended funds or funds expended in conflict with Recipient's application, as of the date of
termination notice.
11. Any notice shall be in writing and sent registered or certified mail, postage and charges
prepaid, and addressed to the parties at the following addresses:
To the County: St. Lucie County Administrator
Administration Annex
2300 Virginia Ave., 3rd Floor
Fort Pierce, Florida 34982
With copy to: St. Lucie County Attorney
Administration Annex
2300 Virginia Ave., 3rd Floor.
Fort Pierce, Florida 34982
To the Recipient: Treasure Coast Sports Commission, Inc.
Tradition Field
527 NW Peacock Boulevard
Port St. Lucie, Florida 34986
12. No amendment, modification or waiver of this Contract shall be valid or effective unless
in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be
deemed to be a waiver of any other conditions or subsequent breach whether of like or different
nature. If the County currently provides or subsequently provides any forms for contract modification,
Recipient agrees to use said forms.
5AATTY\AGREEMNT\CONTRACT\tcsc - Adminl2.wpd 2
13. Except as otherwise provided, this Contract shall be binding upon and shall insure to the
benefit of the parties.
14. Th is Contract embodies the whole understanding of the parties. There are no promises,
terms, conditions, or obligations other than those contained herein, and this Contract shall supercede
all previous communications, representations or agreements, either verbal or written, between the
parties hereto.
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized
officials as of the day and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
COUNTY ATTORNEY
ATTEST:
TREASURE COAST SPORTS
COMMISSION, INC.
BY:
SECRETARY
PRESIDENT
DATE:
(SEAL)
5:\ATTY\AGREEMNT\CONTRACT\tcsc - Adminl2.wpd 3
ITEM NO. VI=H1
DATE: 10/04/11
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B :
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Tax Collector Advance Request
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Various Funds
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the Tax Collector's request for an October commission advance
in the amount of $675,000 for FY 2011-2012.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB
County AttorneyX Budget Analyst (X )
( )
Dan McIntyre Sophih Holt
Other ( ) Other (. )
(Name) (Name)
Office of Management
& Budget/Purchasing
rv� MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
U
DATE: October 4, 2011
SUBJECT: Tax Collector Advance Request
ITEM NO. VI-H1
Background:
As provided by Florida Statutes, Section 192.102(1), "...at the first meeting of such board each
month from October thru July of each year, on demand of the county tax collector, an amount
equal to one -twelfth of the commissions on county occupational and beverage licenses paid to the
tax collector in the preceding fiscal year ...", the Tax Collector has requested an advance in the
amount of $675,000 (see attached letter from the Tax Collector) for the month of October.
Recommendation:
Board approval of the Tax Collector's request for an October commission advance in the amount
of $675,000 for FY 2011-2012.
Bob Davis, CPA, CGFO, CFC
St. Lucie County Tax Collector
P.O. Box 308 • Fort Pierce, Florida 34954-0308
Website: www.tcsic.com
Email: taxcollectorcJstlucieco.gov
FORT PIE'IWE
County Administration Bldg.
COL1,FC�
2300 Virginia Avenue
O
Fort Pierce, FL 34932-5632
(772) 462-1650
Fax (772) 462-21101
Ci O
cIG CO
PORT ST. LUCIE
1664 SE Walton Road
Suite 101
Port St. Lucie, FL 34952-7656
(772) 337.5600
Fax (772) 337-5624
September 26, 2011
Shai Francis, Finance Director
Clerk of the Circuit Court
2300 Virginia Avenue
Fort Pierce, FL 34982
Re: Commission Advance of $675,000
Dear Shai:
Please consider this letter a request for the October commission advance for my office as
provided by Section 192.102, Florida Statutes. The amount I am requesting is $675.000.00. The
advance is based on a portion of the commission on the county taxes levied and occupational
licenses collected for the prior year in accordance with the referenced statues above. I would
appreciate it if the advance could be delivered to my office on or before October 7, 2011.
Sincerely,
67 Cr
Bob. Davis, CPA, CGF0, Cr•C
St. Lucie County Tax Collector
BD/cc
REAL. ESTATE AND PERSONAL PROPERTY TAXES • MOTOR VEHICLES, VESSELS & MOBILE EIOMES - ALARM PERMITS
HUNTING, FISHING & TRAPPING LICENSES - LOCAL BUSINESS TAX RECEIPTS • TOURISI' DEVELOPMENT TAX
ITEM NO. VI-H2
DATE: 10/04/11
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Marie M..Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Supervisor of Elections Advance Request
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-8191-599080-800 Supervisor of Elections
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the Supervisor of Elections request for 25 percent ($565,757) of
the total FY 2011-2012 budget and thereafter, 6.82 percent per month.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
County Attorney ( X )
Other ( )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB
Budget Analyst (X)
Dan McIntyre Sophia Holt
Other ( )
(Name) (Name)
Background:
As provided by Section 129.202, Florida Statutes, the Supervisor of Elections has requested an
advance in the amount of $565,757 (see attached letter from Supervisor of Elections). Per the
statutes, "the Supervisor of Elections shall requisition and the board shall pay that officer, at the
first meeting in October of each year, 25 percent of the total amount budgeted for the office and,
thereafter on the first of each month, 6.82 percent of the total amount budgeted for the office".
Recommendation:
Board approval of the Supervisor of Elections request for 25 percent ($565,757) of the total FY
2011-2012 budget and thereafter, 6.82 percent per month.
ti
OF sr�GC Fr'��'Z1.LLLE � ♦ .:�{rLr�G {�
* Supervisor of. Elections
St. Lucie County
�9hsOR of ��4132 Okeechobee Road o Fort Pierce, FL 34947-5412 o (772) 462-1500 o Fax (772) 462-1439
TO: SHAI FRANCIS
FINANCE DIRE TOR
FROM: GERTR ALKER, CFS
SUPE OF ELECTIONS
DATE: SEPTEMBER 26, 2011 -
SUBJECT: BUDGET ALLOCATION
As in previous years, I am requesting 25 percent ($565,757.00) of the
total (2011 — 2012) budget amount for the Supervisor of Elections office.
I am requesting, on the first of each month, 6.82 percent of the remaining
to be prorated, and paid (this does not include any unfunded mandate
request, unfunded mandate funds will be requested as needed FY 12).
Thank you, and if you have any questions or require any additional
information please do hesitate to contact me.
I am requesting the 25 percent to be within the first month's (October) operating monies
from the Board.
250 N.W. Country Club Drive o Port St, Lucie, Florida 34986 o (772) 871-5410 o Fax (772) 871-5323
1664 S.E. Walton Road o Port St. Lucie, Florida 34952 0 (772) 337-5623 o Fax (772) 337-5626
www.slcelections.com e-mail: elections@slcelectlons.com
ITEM NO. I VII-A
DATE: 10/04/11
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( X )
LEG. ( )
QUASI -JD ( X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Waite, AICP
SUBMITTED BY: Planning and Development Services Senior Planner
Department
SUBJECT: Rezoning Request - Scott/Wescott
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: July 21, 2011 — Planning & Zoning Commission unanimously recommended
approval.
RECOMMENDATION: Board adoption of Resolution No. 11-001 granting a change in zoning from IX
(Industrial, Extraction) to CO (Commercial, Office), as outlined in the attached
memorandum.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
County Attorney ( X )
County Engineer ( )
Originating Dept. ( X )
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
¢ County Surveyor
Daniel S. McIntyre
Michael Powley
Mark Satterlee
Purchasing ( )
Melissa Simberlund
f977
HE.
(X)
Ron Harris
t+ ,
(X VA q --_
K9 en Smith
Marie Gouin
Hearing Date: Rezoning Request - 0 AGENDA ITEM No.
October 4, 2011 Scott[Wescott, A Florida VII-A
General Partnership
PDS File Number
RZ 320071098
Applicant .
Scott/Wescott, Partnership
PO Box 2457
Fort Pierce, FL 34954
Property Location
650 North Rock Road
Fort Pierce, FL 34954
Land Use & Zoning
Future Land Use: RS
(Residential, Suburban)
Zoning: IX (Industrial, Ex-
traction)
Proposed Zoning
CO (Commercial, Office)
Staff Recommendation
Adopt Resolution No. 11-
001 granting a change in
zoning from IX to CO.
Previous Action
July 21, 2011 - Planning &
Zoning Commission recom-
mended approval.
Project Staff
Diana Waite, AICP
Senior Planner
772- 462-1577
waited@stiucieco.org
RZ-320071098
zoning
Scott/Wescott, A Florida General Partnership
UD
IL
iNTFasrq
x =
�sSyH'1-
IL
IH'
�'IX
�
1
500 fl. 1
,
... ....._... ..RSLNMO... _.. 1 i
.. .,�-. .... cANALN0.44..
... .. ..
COL'BOl1RN'RD
(
'---" IH
CG
AR-1
0
z
®subject property AR-1-Audcullu�el Resldental (1 dulac) IL -Industrial Lluhl
CG - Commeraal General IX - Intluslnel Extraction
IV
_
1 ' 500 ft. notification area -Inslitutlonal PUD - Planned Unit Development
-1 H - Indusldal Heavy
- N
Map prepared April 26. 2011
Al
Location: 650 North Rock Road, approximately one-half mile north of Orange
Avenue.
Project Description
Scott/Wescott, a Florida General Partner-
ship, is requesting a change in zoning from
the IX (Industrial, Extraction) Zoning District
to the CO (Commercial, Office) Zoning Dis-
trict. The subject parcel is 1 acre and con-
tains an existing 2,868 square foot office
building utilized by Scott Groves, Inc.
Background
On January 6, 1998, the subject property
was included in a rezoning petition for an
adjacent 36 acre tract that was rezoned
from an AG-1 (Agricultural -1 du/ac) Zoning
District to the IX (Industrial, Extraction)
Zoning District. The legal description sup-
plied by the applicant in that rezoning peti-
tion unintentionally included the subject
property. The property contains an existing
office building that was constructed in 1992
to serve as the Scott Groves, Inc. business
office. As a result of the rezoning to IX the
business office became a . noncon-
forming use. This petition would bring
the site back into conformance with
the County's zoning regulations.
Recommended Action
Adopt Resolution No. 11-001 granting
a change in zoning from IX (Industrial,
Extraction) to CO (Commercial, Of-
fice).
Notice Requirements
A public hearing notice was placed in
the St. Lucie News Tribune, letters
sent to property owners within 500
feet of the subject property, and a sign
placed on the property.
Public Input Received: None
Further details are found in the at-
tached memorandum and staff report.
Planning and Development
Services Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning and Development Services Directo'
Kara Wood, Planning Manager Vr1
FROM: Diana Waite, AICP, Senior Planner,f),o )
DATE: October 4, 2011
SUBJECT: Rezoning Request — Scott/Westcott
ITEM NO. VII-A
Background:
This item is the request of Scott/Westcott, General Partnership for a change in zoning of a 1 acre
parcel from the IX (Industrial, Extraction) Zoning District to the CO (Commercial, Office) Zoning
District. The parcel is located on the east side of North Rock Road, approximately one-half mile
north of Orange Avenue and 1,000 feet west of Interstate 95.
The purpose of the request is to correct an unintentional rezoning of the subject parcel when the
adjacent 36 plus acres were rezoned to IX (Industrial Extraction) in 1998 to bring the use of the
existing office building back into compliance with the County's Land Development Code. The parcel
is the location of the office for Scott Groves, Inc. which has operated at this location since the
building was constructed in 1992. The rezoning of the parcel in 1998 placed the existing office
building in a non -conforming status. The CO Zoning District list of permitted uses include uses
conducted in the business office and will bring the office back into compliance with the land
development code.
On July 21, 2011, the St. Lucie County Planning and Zoning Commission held a public hearing on
this matter and recommended approval of the change in zoning by an unanimous vote (7-0).
Because of the proximity of the subject parcel to the City of Fort Pierce, this petition was forwarded
to the Fort Pierce planning staff for review. On September 14, 2011, we received the City's support
for the requested change in zoning.
Staff's review of this petition has resulted in a determination that the proposed amendment to the
zoning atlas conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie
County Land Development Code and will further the goals, objectives, and policies of the St. Lucie
County Comprehensive Plan.
Recommendation:
Board adoption. of Resolution No. 11-001 granting a change in zoning from IX (Industrial,
Extraction) to CO (Commercial, Office).
Environmental Resources
Department
Final Report
TO:
Diana Waite, Planning & Development Services Department
THROUGH:
Karen L. Smith, Environmental Resources Department Director
FROM:
Amy Griffin, Environmental Regulations and Lands Division Manager
DATE:
April 18, 2011
SUBJECT:
Scott/Wescott, A Florida General Partnership Rezoning
RZ 320071098
Background
The Environmental Resources Department (ERD) is in receipt of the' October 26, 2010 Planning
and Development Services' date -stamped submittal. The applicant requests approval of a rezoning
from IX (Industrial, Extraction) to CO (Commercial, Office) to allow for continued use of the existing
agricultural administrative office building. Once the rezoning has been approved, the Planning and
Development Services Department will process a lot split, to separate the rezoned area from the IX -
zoned parent parcel. Environmental Resources staff has completed a site visit and review. The
one -acre project site is located on the east side of Rock Road, just north of the St. Lucie County
Jail. The site consists of an existing office building, associated parking, and some landscaping.
Findings
During a site visit on October 27, 2010, staff observed unauthorized clearing occurring on the
subject site and the larger parent parcel. Staff conveyed the issue to .the clearing contractor
during the site visit, and also reported the issue to the County's Code Enforcement staff. On
November 5, 2010, ERD provided formal comments to the applicant, through the Development
Review Committee, noting the need for the applicant to remedy the unauthorized clearing.
Subsequently, on March 1, 2011, the applicant's environmental consultant provided a report to
ERD, including photos and other documentation, concluding that only invasive exotic vegetation
(primarily Brazilian pepper) and dead trees were removed by the land clearing contractor. On
March 8, 2011, ERD staff responded with an approval of the report. The applicant then submitted
an application for after -the -fact approval of the vegetation removal activities on March 17, 2011;
ERD issued an after -the -fact permit exemption on April 1, 2011. Therefore, the clearing violation
has been remedied.
Recommendation
ERD recommends approval of the rezoning.
ERD staff is available to answer questions or meet to help expedite the process. Please contact
Amy Griffin at 772-462-2531 if you have any questions or would like to meet.
1
2
3
4
5
6
7
8
RESOLUTION NO. 11-001
FILE NO.: RZ 320071098
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY
GRANTING A CHANGE IN ZONING FROM THE IX
(INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO
THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT
FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence including, but not limited to the staff report, has made the
following determinations:
1. Scott/Wescott, A Florida General Partnership, presented a petition for
a change in zoning from the IX (Industrial; Extraction) Zoning District to
the CO (Commercial, Office) Zoning District for the property described in
Part A and depicted on the attached map in Exhibit "A" below.
2. On July 21, 2011, the St. Lucie County Planning and Zoning Commission
held a public hearing on the petition,. after publishing notice at least 10
days prior to the hearing and notifying by mail all owners of property within
500 feet of the subject property, and recommended that the Board of
County Commissioners approve the hereafter described request for a
change in zoning from the IX (Industrial, Extraction) Zoning District to the
CO (Commercial, Office) Zoning District for the property described in Part
A below.
3. On October. 4, 2011, this Board held a public hearing on the petition, after
publishing notice at least 10 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property.
4. The proposed change in zoning is consistent with the goals, objectives,
and policies of the St. Lucie County Comprehensive Plan and has
satisfied the requirements of Section 11.06.03 of the St. Lucie County
Land Development Code.
5. The proposed change in zoning is consistent with the existing and
proposed uses in the surrounding area.
File No. RZ 320071098
October 4, 2011
Resolution No. 11-001
Page 1
6. A Concurrency Deferral Affidavit, a copy which is attached to this
Resolution, was signed by the. applicant on February 12, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed amendment to the Official Zoning Atlas from the IX
(Industrial, Extraction) Zoning District to the CO (Commercial, Office)
Zoning District is hereby approved for property depicted on the attached
maps as Exhibit "A" and described below:
The North 149 feet of the South 198 feet of the East 293 feet of the West
336 feet of the West Y2 of the Southwest % of the Southeast Y4 of Section 2,
Township 35 South, Range 39 East, St. Lucie County, Florida.
Location: 650 North Rock Road
Parcel I D#: 2302-433-0001-0000
B. The St. Lucie County Planning and Development Services Director is
hereby authorized and directed to cause the change to be made on the
Official Zoning Map of St. Lucie County, Florida, and to make notation of
reference to the date of adoption of this resolution.
C. A copy of this Resolution shall be mailed, return receipt requested, to the
owner and agent of record as identified on the application.
D. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Craft XXX
Vice -Chairman Chris Dzadovsky XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
Commissioner Tod Mowery XXX
File No. RZ 320071098 Resolution No. 11-001
October 4, 2011 Page 2
EXHIBIT A
RZ-320071098 Zoning
Scott/Wescott, A Florida General Partnership
uo
IL
o g hyT�
s z RS
z a TATF9sy�
zQ ......•. Y
IL IH .' 3 `
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500It ti
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COL'BOURN-RD
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subject property AR-1 -Agricultural Residential (1 dulac) IL , Industrial Light N
CG - Commercial General IX - Industrial Extraction ,
Institutional PUD - Planned Unit Development
500 ft. notification area IH - Industrial Heavy Map preparedAprll 26.2011
File No. RZ 320071098 Resolution No. 11-001
October 4, 2011 Page 4
EXHIBIT B
St. Lucie Calinty
Concnrl•enev Det'erralAitidmit
I, F.UtiE ZT11 'L'. Sum ; ra.icling err jk»ul; lmsinr.,s; at 6.50 1L.r th lock Road
Nww Sacca
Fort Pierce FL , 34,145 772-461-7425 _
City Stolz An Ph!mc
t!svr sippliecl fill. n NIA I'rurn St. Lt.cie C:otuitV, l Ouch,
T;•prof TRwrh,pn:errt.l)rdsr
IbT the G•+llowing pmjct ; VIA _
Ne..!nu ufPr•.;j—u;t Ta: 9;10110tzra
I du hcal.bv Urlirtn Iha! is WnML::(jon x11h my applivation fur the riacw•o Im. jecl, T I elected k!
Cle[br the ruTtifiaa L of m pleity and TusnAgrtitm of aylw:ily in public facilities for the abave
p girsly until a biter tirrm, hul nc! liner Ihral the %11l1ic!a.iuu line lival develnpm nt o1'dcr fo1'tlnz
r:nom lirnpeny.
1 uldustwd nO aedcnomdodge that the nbcrva listed properly ,till ac sublet( to Ille -Kilieate n[
a:xlva:il.y hurrTr:: any fimd devalnpmc:nl 11r!hm- can h:: imJcxl; arnl Mal. St. T.ucie County can make
no oultnirtlea that w1equare _yublic Jacilities will be a\ailable, when 1 apply t01 the final
dcvclopma.1 order-
1 fiithcr ncurowlcdjn that ncmditlg to Stwlic+n 5.OS.01 0[' Ihu R.. T.ucie Comity Land
Dovolopnent Codc, lio final dcvclopincnt appulval.can ba grtmlui aT!til cupaCity in lhose
fteilitic:s is mailttblu at M •.i1nc•, Ihu: is_ulmcu of a pralinlinary development ordel without a
",rtificnll of uaxacil.c� t;mvle;s no •, vial or other rigbls to develop Lbe subject property.
SCM/USCOT a Florida gcaera3 partrlarship
BY: scuff GROVES MC., a Flor,da eorporaniop,C: ntt4d Partner
SignCd. gy Y "; Dm',: F0.1)M. rc 12, 2010
ApplirnitKHrtN1c1•n r, 1u11nr,
Al:NUBOF1,LQ1011,i 1refiidcnt
COUNTYOF UT. LUCIE
Tho to tggnn ng instrunlem nas ackno vlaigeE beftro me this dr. • oi' Pehruar'y Al 10 by
SIIHN6THT..SCMm as president of SC6T7i CIt0Y18�LNG:; a �' I V rtdn roTporai COn, 8' eIIe�
pg,=Snar n} SCUIT)WMCUTT, a v:ha :.p.^cklnallyk!xwn rn me w cpla hag rroducat ..
Hlorldq gpner�l ltaUer.
as Tds�itlt�tuuttcn.
I
1 I r1,1r:I 1p SUE nU033
SiQirturr oft ut m TYIr w Print Nan, >i NOcaty
!nissionNumber (Smi".
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File No. RZ 320071098
October 4, 2011
Resolution No. 11-001
Page 5
Agent
Frank Fee III
426 Avenue A
Fort Pierce, FL 34950
Public Hearing Date;
October 4, 2011
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia'Avenue
Ft Pierce, Florida 34982
Time:
6:00 PM
Applicant
Scott/Wescott, Florida Gen-
eral Partnership
Property Location
650 North Rock Road, ap-
proximately .5 mile north of
Orange Avenue.
Proposed Zonin_a
CO (Commercial, Office)
Future Land Use
RS (Residential, Suburban)
PUBLIC HEARING NOTICE
Scottiwescott, A Florida General Partnership
RZ 320071098
Public Hearing Description
Petition of Scott/Wescott, a Florida
General Partnership for a change in
zoning from the IX (Industrial, Extrac-
tion) Zoning District to the CO
(Commercial, Office) Zoning District.
The subject 1 acre parcel contains an
existing 2,868 square foot building con-
structed in 1992 to serve as Scott
Groves Inc. business office. In 1998
the site was unintentionally rezoned to
IX creating a nonconforming use. The
proposed rezoning will bring the prop-
erty back into conformance with the
County's zoning district regulations.
Staff Recommendation
The St. Lucie County Board of County
Commissioners has the power to review
and grant any applications within their
area of responsibility.
Board adoption of Resolution No. 11-
001 granting approval to the petition of
Scott/Wescott for a change in zoning.
All interested persons will be given an
opportunity to be heard. Written com-
ments received in advance of the public
hearing will also be considered. Written
comments to the Board of County Com-
mission should be received by the Plan-
ning and Development Services Depart-
ment - Planning Division at least 3 days
prior to the scheduled hearing.
Further details are available in the Plan-
ning Division —please contact:
Staff Diana Waite, AICP
Tel. 772-462-1577
Email waited anstlucieco,oro
Mail 2300 Virginia Avenue
Fort Pierce, Florida 34982
Legal Description:
The North 149 feet of the South 198 feet of the East 293 feet of the West 336 feet of
the West % of the Southwest % of the Southeast'/ of Section 2, Township- 35 South,
Range 39 East, St. Lucie County, Florida.
Location: 650 North Rock Road, Fort Pierce, FL
Parcel I D#: 2302-433-0001-0000
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PORT ST. LUCIE
Torrey Pines gets $360K research grant
DmitriyMinond, assistant member, cancer reseazch,
at Tor,."" SInstitute for Molecular Studiesin Port
St. Lucie will research selective inhibitors that can be
used it lung cancer reseazch and therapy, thanks to
a three-year, $360,000 grant awarded by the Florida
Department of Health and the James & Esther King
Biomedical Research Program.
The discovery of selective inhibitors of specific mem-
bers of the ADAMprotease family, which are enzymes
that sever proteins, will contribute toward a discovery
of treatment for lung cancer and will expand knowledge
in the field of lung cancer.
Previously a postdoctoral associate and senior sci-
entist at Scripps Florida'sTranslational ResearchInsti-
tute, Minond earned his master of science from Odessa
State University in Ukraine and a doctorate in chemis-
try and biochemistry from Florida Atlantic University.
Staff report
1
a
ST. LUCIE COUNTY
United Way names fundraisingco-chairs
United Way of St. Lucie County has named co-
chairs for the 2011 communitywide fundraising cam-
paign.
Pat Alley, retiredbank executive, and Sharon Kelly -
Brown of Sharon J. Kelly Realty Inc. will lead the
efforts to raise needed dollars benefiting human ser-
vices in St. Lucie County.
Kelly -Brown said, "Pat and I have both served
on the United Way board of directors and we know
the importance of this campaign for all of St. Lucie
County."
For more information or to make a contribution,
visit www.unitedwayslc.org or call 772-464-5300.
Staff report
Council Of Chambers Breakfast: Speaker, Rep. Tom Rooney.
Kane Center, 900 SE Salerno Rd., Stuart, 7.45 am, Sept. 20. $20.
RSVP:7722871088; stuartmartirich ambecorg.
Palm Beach Association For Business Professionals:
Speaker Sheriff Ric Bradshaw. The Capital Grille, 11365 Legacy
Ave., Palm Beach Gardens, 11:30 ari pm, Sept.21. RSVP:561-
630-4994.
IRC Chamber Of Commerce: Breakfast networking. Heritage
Center, 2140140 Ave., Vero Beach, 7:45.9 am, Sept. 21. $16.
RSVP:772-567-3491;events@indianriverchamber.com.
Stuart/MC Chamber Of Commerce: Business After
Hours. Abingdon at Tradition, 10685 SW Stoney Creek, Port
St. Lucie, 5:30 pm, Sept. 21. $7-$10. Ticket: 772-28I-3088;
stuartmartinchamber.org.
Business And Industry Awards: Presentation, dinner. SLC
Chamber of Commerce. Treasure Coast texts, 6-9 Pm, Sept.21.
$50. RSVP: StLucieChambecorg.
Florida Small Business Development Center.RAanagement
counseling for small-business Owners. IRSC, Building E, Rm.
1 23,3209 Virginia Ave., Fort Pierce, 8 am-5 pm, Mon. -Fri. 888-
283-1177. Also: IRSC Business and Technology Incubator, 1994
SE US 1, Stuart, 8:30 am-5 Pm by appointment, Mon., Tues.,
Thurs.
Marlin County Green Business League: Green businesses
of MC networking. MC General Services Bldg., 2555 SE Avenger
CT, Stuart, 10 am, last Tues. RSVP: 772-233-2235; malakoo.org.
Success Express: Growing business through referrals. Sam
Snead's Tavern, 8540 Commerce Center Dr., Port St, Lucie, 7:30-
9 am. 772-B34-5102; bnisouthfiorida.com.
WEONESDAYs
Business Connectors: Seminole Inn, 15885 SW Warfield Blvd:,
Indiantown, 7:30.9 am. thebusinesscom ectors.net.
Business Networking International: Dollars & Sense
Chapter. Club Med, 4500 SE Pine Valley Rd., Port St. Lucie, 730-
9 am. 561-351-2613; bnisouthnorida.com.
Business Networking International: Referral Connection
Chapter, CK Cafe, 2000 SE US 1, Stuart, 7-8:30 am. 772-341-
4915; bnisouthfiorida.com.
it
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Gov. Scott secretive about giving
economic incentive tax money
n Critics say
this violates the
state's Sunshine
laws
By Marcia Hera" Pounds
sun Sentinel
Secrecy is often a part
of negotiating for new
headquarters or an exa
pan-
sionofacompanyis Flori-
da. But even when the deal
is done, Florida's economic
development agency often
keep s the employer's iden-
tity from the public for 12
months.
Sometimes, regional
agencies announce the
newly relocating com-
pany and jobs promised,
but don't disclose cash
incentives awarded to a
company from the Govec-
nor's Quick Action Closing
fund, a tool used to help
close the gap in sin for semployer.
And unlike previous
Florida governors, Gov.
Rick Scott can award up to
$2 million from the fund at
his discretion.
job -stymied states
across the nation are com-
peting for new employers,
often dangling upfront
cash and tax rebates. Un-
der Floridalaw, the gover-
nor's multimillion -dollar
awards can remain secret
for a year or longer, if the
company requests it.
So far this year, Scott
has agreed to give more
than $15 million to 16 com-
panies, according to Enter-
prise Florida, the state's
economic development
partnership, when queried
about the fund. But the
names of eight employers
receiving awards remain
confidential.
Four potential employ-
ers also have been given
the nod for $9.6 million in
incentives, but have not
yet decided whether to
locate in Florida, the eco-
nomic agency said.
Critics say the state's
economic development
process should be more
open, since it involves
taxpayers' money.
"Allowingtheeovescor
to make those kinds of
decisions arguably Ries
in the face of the intent of
Sunshine laws," said Rep.
Mark Pafford, D-West
Palm Beach, referring to
Florida's open -govern -
meat laws. 'There are
plenty of ways to create
jobs in the open.".
Barbara Petersen,
president of Florida First
Amendment Foundation,
calls the public records
exemption for economic
development a "paternal-
T-bills up over EU
debt concerns
The Associated Press
NEW YORK - Treasury
prices rose Monday af-
ter nervous investors
returned to safe invest-
ments on worries over
the fallout of weak Euro-
pean debt on the global
Macke,"
Investors feared that
Greece may not qualify
for emergency funds it
needs to avoid default.
Athens struggled to con-
vince officials from the
European Commission,
the European Central
Bank and the Internation-
al Monetary Fund that the
country could meet strict
budget targets promised
in return for the interna-
tional cash lifeline.
European finance min-
isters said Friday that they
would delay authorizing
an installment of emer-
gency funds for Greece.
Investors had been hop-
ingfor an earlier decision.
Thebenchmarkl0-year
Treasury note's price was
up 84 cents per $100 in-
vested. Its yield edged
down to 1.95 percent from
2.07 percent late Friday.
The 30-year Treasury
bond gained $1.81 per
$100 invested. Its yield
fell to 3.22 percent from
3.33 percent.
The two-year Treasury
note's yield was 0.16 per-
cent versus 0.19 percent.
The three-month T-bill
paid a yield of 0.01 per-
cent, unchanged from late
Thursday. Its discount
wasn't available.
Netflix separates DVD service
from online streaming
By Barbaro Ortutay
As ruxi Press
NEWYORK- NetHix Inc.
is separating its DVD-
by-mail business from
the online movie stream-
ing service it sees as the
future of entertainment
consumption.
In announcing the
changes, CEO Reed Hast-
ings also apologized to
subscribers for the way
the company communi-
cated its decision to split
the two services, which
raisedp _forthosewho
wan[both.
Themailorderplxr iN
be renamed "Qwikster." In
a few weeks, NetHix sub-
scribers who want to get
DVDs by mail will go to a
separate website to access
Qwikster. The streaming
business will continue to
be called Netfiix.
Memberswhosubscribe
to both services will have
two entries on their credit
card statements. Instead
of Netflix, the distinctive
red envelopes that end up
in customers' mailboxes
will now say Qwikster.
It's a risky gamble.
The amount of stream-
ing content the company
offers is still far less than
the number ofDVDs in its
catalog. And competition,
r.,..., v..u, A..,.,.,,.., r ;.,_
stays Redbox kiosks and
other services, is growing.
Netfiix could even alien-
ate customers further by
asking them to now deal
with two separate web -
sites and accounts instead
adjust one.
Hastings apologized
for the way the company
communicated the price
changes, but not for the
price hike itself.
"I messed up:' the CEO
wrote in a blog post Sun-
day night that also was
emailed to subscribers.
The changes come as
the company faces in-
creasing scrutiny from
customers and share-
holders over the decision
announced in July to sep-
arate its mailorder stri
ternet streaming services
into two separate plans.
The change raised the
prices for users who want
both services, by as much
as 60 percent for some.
Last week, Netflixlow-
ered its U.S. subscriber
forecast forthe third quar-
ter and the former stock
market darling's shares
took a beating as a result.
Hastings said he "slid
into arrogancebased upon
past success" when he did
not adequately explain the
reasons behind the plan
separation and effective
istic form of government. ing that Florida formerly
'We're act, in yourbes[ disclosed its governor
interest by keeping these fund incentives online,
deals secret.' They don't but that has changed un-
want us to know." der Gov. Scott.
Tax abatements given The Quick Action Clos-
to companies would nth- ing Fund was created in
erwise be going into the 2006 to help diversify
public coffers. "What if Florida's economy. The
citizens don't want a big- fund and other incen-
ger and better Walmart... lives come into play after
or an expanded aerospace abusiness has narrowed
facility7" she said. "We its proposed sites for a
don't have the opportunity relocation or expansion.
to voice our concerns until The Legislature approved
it's too late." $42 million i¢ governor's
Companies may want fund incentives for 2011-
to keep development proj- 2012, up from $16 million
ects confidential, due to eyear ago, to help the state
trade secrets or business compete for high -profile
strategies, explained En- projects, according toEn-
terprise Florida spokes- terprise Florida's annual
man Stuart Doyle, in an report.
email. The governor's incen-
There are reasons for tives can make Florida
initial secrecy. Before a more competitive, said
deal is struck, confidenti- Kelly Smallridge, presi-
alityisimportant toavoid dent of Palm Beach
a bidding war, said Frank County's Business Devel-
Nero, president of The opment Board."The more
Beacon Council in Miami. you can show (site consul -
But once the deal is tants) that you're all about
closed, the names of em- speed to market, the more
ployers and money prom- business -friendly your
ised should be available to state comes across," she
taxpayers, argues Philip said.
Mattera, research direc- At the same time, extra
for for Good Jobs First, a incentives should be alast
national policy resource resort to lure an employer,
center that gives Florida Smallridge said."Ifthey're
a "D" rating for economic coming solely for incen-
development disclosure. lives, it's not a strong Dust -
Other states don'tkeep the ness model. Incentives are
awards quiet, he said, add- icing on the cake:'
.o e
THE WRL SMEETJOURM SWAY.
k w.4Ly o"IJeP
SMIiiDAY
AStxlppe Deanve C4ust N4wspapeas
OCTOBER 4, 2011
NOTICE OF PROPOSED ZONING DISTRICT CHANGE
'he St Lucia County Board of County Commission- proposes to
insider the adoption of the following by reaolti inn:
RESOLUTION NO.11-001
t RESOLUTION OF THE BOARD of COUNTY COMMISSIONERS
IF ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM
'HE IX IINOUSTRML EXTRACTION) ZONING DISTRICT TO THE CO
COMMERCIAL OFFICE) ZONING DISTRICT FOR CERTAIN PROPERTY
.00ATED IN ST. LUCIE COUNTY, FLORIDA
4PPLICANT: Scon/Wescou, Florida General Partnership
TLE NUMBER: RZ 320071098
sURPOSE: A Change in Zoning from the IX (industrial. Extracdoal
lining District to the CO (Commercial, Officel Zoning District.
.EGAL DESCRIPTION: The North 149 feet of the South 198 feet of the
:as1293 feel of the West 336 feet of the West h of the Southwest K
If the Southeast H of Secdan 2 Township 35 South, Range 39 East, SL
.title County, Florida.
OCATION: 650 North Rack Road, approximately one-half mile north of
)range Avenue.
The PUBLIC HEARING on this item will be held in the Commission
Chambers, Roger Moss Annex, 31d Hoot St Lucie County
Administration Buildng, 230D Virginia Avenue, Fort Pierce, Florida on
Tuesday, October 4, 2011 beginning at 6:00 pm or as soon thereafter
is possible. -
AH interested persons will be given an opportunityto be heard. Written
crurnments received in advent. of the public hearing will elan be
considered, Written comments to the Board of Counry Commissioners
should be received by the Planning and Development Services
Department - Planning DMsion at least3 days prior to the scheduled
hearing. The petition file is available far review at the Planning and
Development Services Department -Planning offices located at 2300
Virginia Avenue, 2nd Roar, FortPiorce. Florida during regular business
hours. Please call i772H62-2822 or TOD U72)462-1428 if you have any
questions or require additional inlarmn6on oboutthis paUdon.
The St Lucia County Board of County Commissioners has the power
to review and grant any applications within their area of responsibility.
The proceedings of the Board of County Commissioners are
electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA
STATUTES, it a person decides to appeal any decision made by
the Board of County Commissioners with respect to any mane,
considered are meeting or hearing, he or she will need a record of the
proceedings. For such purpose, hear she may need to ensure that a
verbadm record of the proceedingsis made, which record includes the
testimony and evidence upon which the appeal is to be based. Upon
the request of any parry to the proceeding, individuals testifying during
a hearing will be swom in. Any Parry to the proceeding will be granted
an opportunity m cross-examine any individual lesdlying during a
hearing upon request If it becomes necessary, a public hearing may
be aondnuad from time to dine to a dale -certain.
Anyone with a disability requiring accommodations to offend Otis
eating should contact the St Lucie County Risk Manager at least
forty-eight 148) hours prior to the meeting at (772)462-1546 or LDD,
(7721462-1428.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/SI CHRIS CRAFT, CHAIRMAN
PUBLISH DATE: September 20. 2o11 -
1 St. Lucie County
2 Planning and Zoning Commission/ Local Planning Agency
3 Roger Poitras Annex, Commission Chambers, 3Id Floor
4 July 21, 2011 Meeting
5 6:00 p.m.
6
7
8
9
10
In the event of a conflict between these written minutes and a compact disc recording, the compact
disc shall control.
I. CALL TO ORDER
Chairman Mundt called the meeting to order at 6:00 p.m.
A. Pledge of Allegiance
B. Roll Call
.Craig Mundt
Chairman
Stephanie Morgan.................................Vice=Chairman
Cathy Townsend ...................................Commission
Member
Edward Lounds .....................................Commission
Member
Charles Grande................................Commission
Member
Daniel Regis.........................................Commission
Member
William Blazak.....................................Commission
Member
Marty Sanders ...................................
Ex -Off icio Member
Members Absent
Britt Reynolds......................................Commission
Member
Brad Culverhouse.................................Commission
Member (excused)
Staff Present
Kara Wood......................................Planning
Manager
Heather Young . .................. ...............Assistant
County Attorney
Diana Waite...... ...................................Senior Planner
'Beverly Austin .....................................
Recording Secretary
C. Announcements
None
D. Disclosure
None
IL MINUTES
Review of the minutes from the June 16, 2011 meeting for approval. Mr. Mundt asked if
there were any additions or corrections. There were none.
42 Mr. Lounds moved to approve the minutes.
43 Mr. Blazak seconded. The motion carried.
44
DRAFT
Page 2 of 6
45 III. PUBLIC HEARINGS
46 A. Scott/Wescott: RZ 720071098
47 Petition of ScottlWescott, a Florida General Partnership for a change in zoning
48 from the IX (Industrial, Extraction) Zoning District to the CO (Commercial,
49 Office) Zoning District.
50 Ms. Waite .stated agenda Item 3-A is a public hearing and was advertised in the St. Lucie
51 News Tribune on -July 5, 2011, A copy of the ad can be found in the agenda packet along
52 with a picture of the sign posted on the property and a list of property owners within 500 feet
53 on the property that received the standard public hearing notice. To date, no public
54 comments on this item have been received.
55 The subject parcel is located at 650 North Rock Road, approximately one-half mile north of
56 Orange Avenue and 1,100 feet west of the Florida Turnpike. The parcel contains a business
57 office constructed in 1992 in conformance with the property's AG-1 Zoning District at that
58 time. The petitioner owns the adjacent 36 plus acres that extend to 1-95 to the north and
59 east. The purpose of the request is to correct the inadvertent rezoning of the one -acre parcel
60 to Industrial Extraction and bring the existing business office building back into conformance
61 with the County's Land Development Code.
62 In 1998, a change in zoning of the adjacent lands to Industrial Extraction unintentionally
63 included the subject parcel with 2,868 square foot office building. The Industrial Extraction
64 Zoning District is a specialized zoning district for mining operations only. This placed the
65 existing business office for Scott Groves in a nonconforming status at the time of the 1998
66 rezoning. The existing office operation includes bookkeeping, management and business
67 services which are permitted uses within the Commercial Office Zoning District. The
68 rezoning would allow the business to continue in conformance with the County's Land
69 Development Code.
70 -The proposed Commercial Office Zoning District is compatible with the zoning districts
71 surrounding the parcel which includes: Industrial, Heavy to the west and south, Industrial
72 Extraction zoning to the east and north, and Institutional zoning to the southwest which is the
73 location of the St. Lucie County Correctional Center. No mining activities ever occurred or
74 were; proposed for the Industrial Extraction zoned lands. All surrounding parcels are
75 primarily vacant except the adjacent storage container operation to the south and the
76 county's Correctional Center to the southwest.
77 In reviewing this petition, staff found that the proposed amendment is consistent with the St.
78 Lucie County Comprehensive Plan and meets the standards of review set forth in Section
79 11.06.03 of the County's Land Development Code. Staff recommends the Planning &
80 Zoning Commission forward a recommendation of approval to the Board of County
81 Commissioners.
82 Mr. Lounds asked if the parcel had always been in Industrial Extraction.
Planning and Zoning Commission June 16, 2011
Minutes
DRAFT Page 3 of 6
Ms. Waite stated no, the zoning was changed in 1998 from Agricultural One to Industrial
Extraction.
Mr. Lounds asked if St. Lucie County ever resolve its issues with the piece at the northwest
corner of Rock Road.
Ms. Waite stated if he was referring to the mining issue; there was a petition submitted to
change the land use designation on that property, however, there were some non-
compliance issues related to the mining operation and to her knowledge that has not been
resolved.
Mr. Lounds stated that this is an additional piece that is currently in zoning for extraction.
Ms. Waite stated yes.
Mr. Grande stated he had no problem with the application; it is the right zoning for this
property at the time. In checking the consistency with the Comprehensive Plan, it was
noticed that the current version of the Plan's table for matching zonings with future land
uses; does not include the Commercial Zonings: That could be an oversight and needs to
be corrected. This should appear in the minutes so .the next glitch bill should correct the
Land Development Code.
Ms. Waite stated that was correct; there are copies of the compatibility matrix that shows the
future land use designation zoning districts that are compatible can be applied to any
particular parcel. There are copies of those that are adopted in the Comprehensive Plan for
the Commission; there was an oversight in copying that section of the Land Development
Code so half of. the matrix is not in your LDC,
Mr. Grande stated it comes down to Table 11-1 in the Land Development Code that needs to
be updated.
Chairman Mundt asked the applicant if he wanted to speak.
Mr. Fee, the applicant stated his law practice is located at 426 Avenue A, Ft. Pierce, FL. He
wanted to thank Ms_ Waite for the help on this project. We did not know how to attack this
and the easiest way was for the. Commission to motion the property back to Agricultural-1 for
the office building which would make it conforming. There was no A-1 in the vicinity, it's all
Industrial, Heavy Industrial or Industrial Extraction. It did not seem appropriate to go back to
A-1 zoning so it was settled on Commercial Office. The office building was never owned in
title by the entity Scott Groves, Inc. that owned the surrounding land. It was a glitch in the
legal description that the office building was included. We are asking to be restored to status
quo to make it a conforming use. The office building has been at the location since 1992
and serves as a management vehicle for a very vast agricultural holding in this county, other
Planning and Zoning Commission June 16, 2011
Minutes
DRAFT
Page 4 of 6
126 counties and the Bahamas. It is requested that the Commission go along with the
127 recommendation of the staff and rezone the property back to Commercial Office.
128
129 Mr. Lounds asked if the Scott family owned the building and the property.
130
131 Mr. Fee stated the building and the property that the building is on has been titled since prior
132 to the construction of the building and a partnership known as Scott/Wescott General
133 Partnership. The surrounding lands have always been owned by Scott Groves Inc.; a
134 different entity. Admittedly, they are 2 first cousins, Kenny Scott has Scott Groves Inc. and
135 Scott/Wescott is a partnership of Ken Scott and his cousin Dan Scott. So it is all mixed up
136 together and that's the reason this error was not detected for so long.
137
138 Chairman Mundt opened the public hearing.
139 No one spoke.
140 Chairman Mundt closed the public hearing.
141 Mr. Lounds made a motion for the Planning and Zoning Board to recommend that the
142 St. Lucie County Board of County Commissioners grant approval to the application of,
143 Scott/Wescott for a change in'zoning from IX (Industrial, Extraction) Zoning District to
144 the CO (Commercial, Office) Zoning District because it brings the piece of property
145 into compliance with the current regulations and rules.
146 Mr. Grande seconded the motion.
147 The roll was called:
148 Mr. Balzak YES Mr. Grande YES
149 Mr. Lounds YES Ms. Morgan YES
150 Mr. Regis YES Chairman Mundt YES
151 Ms.: Townsend YES
152 Chairman Mundt stated this will be forwarded on to the Board of County
153 Commissioners with the recommendation of approval.
154
155 IV. OTHER BUSINESS
156 Ms. Wood stated the Western Land Study scope of public involvement sessions is being
157 brought to a close. On August 19t" there will be a follow-up assembly to provide a summary
158 of what is in the draft report for the Western Land Study.
159 Ms. Wood stated staff does not have anything that is time -sensitive so there would be no
160 August Planning & Zoning meeting.
161 Mr. Lounds asked if they would get a chance to review the Western Land Study or does it go
162 straight to the county commission board.
Planning and Zoning Commission June 16, 2011
Minutes
DRAFT Page 5 of 6
163 Ms. Wood stated that there is no particular scheduled review for the report itself. The report
164 does contain a proposed comprehensive plan element for those lands.
165 Mr. Lounds asked if they could request comments from the meeting on August 19th if they do
166 not attend.
167 Ms. Wood asked if the commission wanted a summary; she could come back to the planning
168 & zoning commission to talk about what comments were received.
169 Mr. Lounds stated the commission would enjoy that.
170 Ms. Wood stated that could be done; informally the report has been "out on the street" since
171 the end of May and there have been a couple of informal meetings of stakeholders and
172 property owners who asked questions and came into the office to discuss.
173 Mr. Lounds stated this commission has gone through a lot of that with the Western Land
174 movement over the history of it and it would be good for their background if staff could bring
175 a short review of it; especially pro and con comments.
176 Ms. Wood stated perhaps at the September meeting, it could be discussed briefly at the end
177 ..of the agenda.
178 Mr. Grande stated a while back the Rural Land Stewardship program was brought to the
179 County and it initially was a well-meaning exercise and it turned out that the increases in
180 residential entitlements that were built into that plan that such it had to be killed and it never
181 was implemented. The one thing he has not seen so far out of the Western Land Study is a
182 calculation of potentially how many residential entitlements could maximum wind up in the
183 western lands. It is easy to say today there are about 200,000 acres; the average is 1 per 5
184 out there and 40,000 residential entitlements in the western lands today. If this plan comes
185 up with more than 40,000 residential entitlements, that could be a real problem.
186 Ms. Wood stated that in the appendix of the study there is a background of technical
187 analyses of what you can do where, based on how much land is in what area.
188 Mr. Grande stated that history has shown that the TVC probably made it through the process
189 because people could wrap their arms around what their maximum entitlements would wind
190 up.
191 Mr. Lounds asked where the meeting would be held.
192 Ms. Wood stated the Fenn Center, a morning session from 9am to 12 noon.
193
194
Planning and Zoning Commission June 16, 2011
Minutes
DRAFT
195 V.
196
197
198
199
200
2.01
202
203
204
205
206
Page 6 of 6
ADJOURN
Chairman Mundt stated the next meeting will be in September.
Mr. Lounds asked if a motion should be made to that effect.
Chairman Mundt asked Ms. Young, the county attorney.
Ms. Young stated a motion could be done because it's on the online calendars.
Mr. Lounds made a motion regarding no meeting in August; next meeting will be in
September. Mr. Blazak seconded the motion. The motion carried.
There being no further business, the meeting adjourned at 6:20pm.
Planning and Zoning Commission June 16, 2011
Minutes
AGENDA REQUEST
ITEN1 NO. III -A
DATE: 07/21/11
REGULAR ( )
PUBLIC HEARING (X)
LEG. ( )
QUASI -JD (X)
CONSENT ( )
TO: Planning and Zoning Commission PRESENTED BY:
Diana Waite, AICP ►
SUBMITTED BY: Planning and Development Services Senior Planner
Department
SUBJECT: Rezoning Request - Scott/Wescott
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Forward recommendation of approval for Board adoption of Resolution No. 11-001
granting approval of rezoning request from IX (Industrial, Extraction) to CO
(Commercial, Office), as outlined in the attached memorandum.
Coordination/Signatures
County Attorney ( X) ��'�/1� County Surveyor
Daniel S. McIntyre
County Engineer ( ) ERD
Michael Powley
Originating Dept. ( X)
Mark Satterlee
(X) /C////
Ron Harris
(X )
K e Smith.
..w Ik-c1
Hearing Date:
July 21, 2011
PDS File Number
RZ 720071098
Applicant
Scott/Wescott, Partnership
PO Box 2457
Fort Pierce, FL 34954
Property Location
650 North Rock Road
Fort Pierce, FL 34954
Land Use & Zoning
Future Land Use: RS
(Residential, Suburban)
Zoning: IX (Industrial, Ex-
traction)
Proposed Zoning
CO (Commercial, Office)
Staff Recommendation
Forward a recommendation
of approval for Board adop-
tion of Resolution No. 11-
001.
Previous Action
None
Proiect Staff
Diana Waite, AICP
Senior Planner
772- 462-1577
waited@stiucieco.org
ON WIN
-COUNTY ,f
f D A
� z
Rezoning Request -
Scott/Wescott, A Florida
General Partnership
Location: 650 North Rock Road, approximately one-half mile north of Orange
Avenue.
Project Description
Scott/Wescott, a Florida General Partnership,
is requesting a change in zoning from the IX
(Industrial, Extraction) Zoning District to the
CO (Commercial, Office) Zoning District. The
subject parcel is 1 acre and contains an ex-
isting 2,868 "square foot office building.
conforming use. The proposed CO
Zoning District will bring the property
back into conformance with the
County's zoning district regulations.
Recommended Action
Forward a recommendation of approval
for Board adoption of Resolution No. 11
-001.
Background
On January 6, 1998, the subject property
Notice Requirements
was included in a rezoning petition for an A public hearing notice was placed in
adjacent 36 acre tract that was rezoned from the St. Lucie News Tribune, letters
an AG-1 (Agricultural - 1 du/ac) Zoning Dis- sent to property owners within 500
IX 7--in District The legal de- feet of the subject property, and a sign
tnct to the g
scription supplied by the applicant in that re- placed on the property.
zoning petition unintentionally included the
subject property. The property contains an public Input Received: None
h t was constructed
existing office building t a
in 1992 to serve as the Scott Groves, Inc. Further details are found in the at -
business office. As a result of the IX rezoning tached memorandum and staff report.
the existing business office became a .non-
Planning and Development Services
Planning Division
MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Mark Satterlee, AICP; Director
Kara Wood, Planning Manager }
FROM: Diana Waite, AICP, Senior Planner L),0;_
DATE: July 21, 2011
SUBJECT: Rezoning Request - Scott/Wescott
ITEM NO. III -A
GENERAL INFORMATION:
Applicant: Scott/Wescott, A Florida General Partnership
Contact Person: Frank Fee III, Esquire
Requested
Action: A change in zoning from the IX (Industrial, Extraction) Zoning District to the CO
(Commercial, Office) Zoning District.
Purpose: To bring an existing business office back into conformity with the Land
Development Code following the applicant's inadvertent rezoning of the parcel to
IX.
Location: 650 North Rock Road, approximately one-half mile north of Orange Avenue.
Tax Id: 2302-433-0001-0000
Parcel Size: 1 acre
Utility Service: Ft. Pierce Utilities Authority potable water and an on -site septic system,
Fire/Ems
Protection: Station #4 Airport (3601 Industrial 33rd St.), located approximately 4 miles to the
northeast.
Right-of-way
adequacy: North Rock Road is a County owned and maintained roadway with an existing 50
feet right-of-way width. Additional right-of-way may be required prior to the
issuance of zoning compliance.
Scott/Wescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 2
Concurrency
Document: Concurrency Deferral Affidavit
Cvi&finn I �nrl I Ian !anrl 7nninn of the SIIhiP_nt parcel:
Future Land Use
Zoning
Existing Land Use
RS Residential, Suburban
IX Industrial, Extraction
Business office
Surm"ndina Land Uses and Zonina:
Future Land Use
Zoning
Existing Land Use
North
RS (Residential; Suburban)
IX (Industrial, Extraction)
Vacant land
South
MXD-Orange Avenue (Orange
IH (Industrial, High)
Gibney Leasing Corp.
Avenue/1-95 Mixed Use Activity Area)
storage units.
East
RS Residential, Suburban
IX Industrial, Extraction
Vacant land
West
MXD-Orange Avenue (Orange
IH (Industrial, High)
Vacant land
Avenue/1-95 Mixed Use Activity Area)
Existing Conditions
Scott Groves Office Building
Scott/VVescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 3
View to the south-southwest from the driveway on North Rock
Road. The SLC Correctional Center is shown on the right.
BACKGROUND INFORMATION:
The subject parcel contains a business office constructed in 1992 in conformance with the AG-1
Zoning District of the property at that time. On January 6, .1998, the subject lands were included in a
rezoning petition to change the adjacent lands from the AG-1 Zoning District to the IX Zoning District.
The rezoning petition included a legal description that included the subject site and existing business
office. The IX Zoning District is a specialized zoning district for mining operations only, placing the
existing business office for Scott Groves, Inc. in a nonconforming status at the time of the 1998
rezoning to IX. Since the resolution that approved the change in zoning included the subject one -acre
parcel, the only way to change the zoning district is to proceed through this rezoning process.
**************************************
STANDARDS OF REVIEW AS SET FORTH.IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed change in zoning, the Board of County Commissioners shall
consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
The proposed change in zoning will not be in conflict with the St. Lucie County Land Development
Code (LDC) and has met the standards of review in Section 11.06.03. According to Land
Development Code Section 11.09.02, Table 11-1, Land Use Category/Zoning District Compatibility
Chart, the CO (Commercial, Office) Zoning District is compatible with the property's RS (Residential
Suburban) Future Land Use designation.
Scott/Wescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 4
The applicant has requested the change in zoning to bring the existing 2,868 square foot business
office on the property into conformity with the County's Land Development Code. The business
practices at the existing Scotts Grove office include bookkeeping and management services, which
are permitted uses in the CO Zoning District under Engineering, Accounting, Research, Management
and Related Services (SIC 87).
The parcel and improvements meet the Lot Size and Dimensional Requirements set forth in Section
7.04.00 and Table 7-10 for the CO (Commercial, Office) Zoning District. The minimum dimensional
requirements for the zoning district and those provided by the subject parcel are shown below:
10 LDC
Dimensional Requirements
of the zoning uistrml from
Table 7-
CO Zoning District
Minimum Requirement
Subject Parcel
Lot Size
10,000 square feet
43,657 square feet 149X293
Lot Width
75 feet
150 feet
Road Frontage
60 feet
149 feet
Front Setback
25 feet
80 feet
Rear Setback
20 feet
153 feet
Side Setback
10 feet
43'feet (south)
28 feet north
Building Height
35 feet
One stor , approximately 15 feet
Lot Coverage by Bldg.
50 %
6.5%
2. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The proposed amendment is consistent with the St. Lucie County Comprehensive Plan, including the
parcel's RS (Residential Suburban) Future Land Use designation which allows the proposed CO
Zoning District. The CO Zoning District is a low intensity non-residential use that is consistent with the
parcel's RS and surrounding MXD Future Land Use designations. The CO Zoning District will allow
the existing business office to operate in compliance with the zoning district regulations and provide a
zoning district compatible with the existing and proposed land uses in the area. Specifically, the
proposed rezoning is consistent with the following Comprehensive Plan goal and policy:
Future Land Use Goal 1.1: Ensure the highest quality living environment possible, through a mixture
of land uses reflecting the needs and desires of the local residents and how they want their
community to develop. The goal shall be implemented by strictly enforced building, zoning and
development codes based on objectives and policies that will enhance St. Lucie County's natural and
man-made resources while minimizing any damage or threat of degradation to the health, safety, and
welfare of the County's Citizens, native wildlife and environment, through incompatible land uses.
Future Land Use Policy 1.1.8.4: Limited development of commercial/non-residential uses will be
allowed within areas classified for residential use, provided that these activities are compatible with
the adjacent land uses and meet the following standards:
a) intent of the commercial use is to provide easily accessible, convenience -type uses to immediate
surrounding residents;
b) conversion of the petitioned property would not promote any strip commercial us of land,
c) use is compatible with surrounding land uses and is provided with adequate screening and
buffering of any adjacent residential property;
d) the property for which the commercial designation is sought does not exceed 10 acres.
Scott/Wescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 5
The petition meets the above criteria, except for the provision to sere immediate surrounding
residents. The parcel is within an existing and proposed commercial corridor that does not include
residential uses in close proximity. All surrounding lands have non-residential Zoning and Future Land
Use classifications. The subject parcel and the adjacent IX zoned lands owned by the applicant still
have a residential Future Land Use that limits the commercial zoning district options to CO or CN
(Commercial, Neighborhood). The existing office conducts business practices permitted in the CO
Zoning District for corporate and private business ventures in the community. Given the accessibility
of the site to Orange Avenue, future users may provide alternative CO uses that sere residents along
Orange Avenue or the surrounding businesses.
3. Whether and the extent to which the proposed zoning is inconsistent with the existing and
proposed land uses; -
The proposed CO Zoning District is consistent with the surrounding existing and proposed land uses.
The applicant constructed the existing building in 1992 and has operated the business on the property
since that time.
The surrounding land uses consist of a variety of uses, including industrial, institutional and vacant
lands. Existing industrial uses are located just south of the project, in the MXD-Orange Avenue
(Orange Avenue/1-95 Mixed Use Activity Area) on. the east side of North Rock Road. These uses
include Gibney storage units, American Concrete and the Ft. Pierce Auto Auction.
In 1995, lands to the west were zoned IH (Industrial, Heavy) to accommodate a proposed commercial
and industrial park known as St. Lucie Commerce Center (aka Lucie Rock). No mining activities ever
occurred or were proposed for the adjacent IX zoned lands. The applicant's agent, Mr. Fee, has
indicated an interest in the rezoning of the adjacent lands to an agricultural zoning district. Staff has
advised Mr. Fee that an agricultural zoning district in this identified economic development location
would be in conflict with the County's economic development efforts and policies and would likely not
be supported by staff.
4. Whether there have been changed conditions that require an amendment;
The. subject parcel was inadvertently included within the legal description of an application for a
change in zoning to IX for adjacent lands in 1998. This resulted in the creation of a nonconforming
use for the existing office building. The proposed rezoning will bring the property back into compliance
with the zoning district regulations and provide a zoning district more compatible with the surrounding
uses than the AG-1 Zoning District that was applied to the parcel prior to the IX rezoning.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether or to the extent to which the proposed amendment would exceed
the. capacity of such public facilities, including but not limited to transportation' facilities,
sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and
emergency medical facilities;
The applicant has signed a Concurrency Deferral Affidavit stating that prior to any development on the
property a Certificate of Capacity must be obtained to demonstrate that the development facility
demands will not exceed the capacity of public facilities. No additional improvements are proposed
for the property at this time. Any future expansions will require issuance of a Certificate of Capacity.
Scott/Wescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 6
Stormwater Management
The subject property borders two canals owned and maintained by the North St. Lucie Water Control
District (NSLWCD). Canal 33 located along the project's western property line and adjacent to North
Rock Road has an 86 feet right -of way. Canal 44 has a 43-foot wide right of way located along the
parcels southern property line. Any future changes to the property that would affect the outfall of water
into either of these canals will require a permit from the NSLWCD.
Water and Sewer
The proposed change in zoning is not expected to affect public facility capacity. The property is
currently served by Ft. Pierce Utilities Authority water and an on -site wastewater system.
Transportation
The proposed request is not expected to result in excess demands on transportation facilities. No new
development is proposed. Prior to any additional development on the property, the applicant would be
required to address public facility impacts and .obtain a Certificate . of Capacity to demonstrate that
sufficient capacity in services is available to serve the project. The parcel's road frontage is North
Rock Road, an unpaved 50-foot wide County owned and maintained right-of-way.
Roadways utilized by the site that are identified within the Adopted Florida Department of
Transportation Five Year Work Program For FY 2011-2015 include a road resurfacing project from
Orange Avenue, west of 1-95 for 4.5 miles west (Const. 2012) and the preliminary engineering and
designs for road widening improvements (adding lanes) to 1-95 from SR 70 to Indrio Road. The
schedule also includes preliminary engineering for the addition of lanes and reconstruction of Kings
Highway from the Turnpike to south of the 1-95 overpass.
Capacity at the Kings Highway and Orange Avenue intersection currently is insufficient as a result of
other proposed projects in the area. Any additional development on the subject lands may require the
developer to provide a fair share contribution towards intersection improvements.
6. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment;
The proposed change in zoning is not expected to have adverse impacts on the natural environment.
The parcel is already developed and this petition does not authorize any additional alteration of the
project lands. Any future development requiring vegetation removal will require approval by the St.
Lucie Environmental Resources Department.
7. Whether and the extent to which the proposed amendment would result in an orderly and
logical development pattern specifically identifying any negative affects of such patterns;
The proposed amendment would result in an orderly and logical development pattern. The proposed
rezoning will expand the commercial zoning districts within an economic development targeted area
identified in the County's report entitled Strategic Economic Development For Targeted Industries
(October 2007).
8. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the purpose and intent of this Code;
The proposed amendment is not in conflict with the public interest and is in harmony with the purpose
and intent of the St. Lucie County Land Development Code.
Scott/Wescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 7
COMMENTS
The petitioner has requested this change in zoning from IX (Industrial, Extraction) Zoning to the CO
(Commercial, Office) Zoning District for a one -acre tract located at 650 North Rock Road,
approximately one-half mile north of Orange Avenue. The stated purpose of the petition is to bring the
existing use of the building into conformity with the County's Land Development Code. Prior to
issuance of zoning compliance the Zoning Division will inspect the building and site for compliance
with all applicable County building and site design standards.
In considering the proposed change in zoning, all uses within the CO (Commercial, Office) Zoning
District that are permitted by right may be located on the property without any further Board review.
Attached is a copy of Section 3.01.03(R) — CO (Commercial, Office) of the St. Lucie County Land
Development 'Code, which outlines the permitted, accessory, and conditional uses allowed in the
existing and proposed zoning district. If the change in zoning is approved, the applicant, by right,
would be allowed to establish any of the uses under the Permitted Uses section. Any use under the
Accessory Uses section would be allowed only if one or more of the permitted uses exist on the
subject property. Any use under the Conditional Uses section could only be allowed if it first receives
approval through the Board of County Commissioners.
Recommendation
Staff recommends the Planning and Zoning Commission forward a recommendation of approval for
Board adoption of Resolution No. 11-001 granting approval of rezoning request from IX (Industrial,
Extraction) to CO (Commercial, Office), as outlined in this memorandum.
Scott/Wescott Rezoning
File No.: RZ 320071098
July 21, 2011
Page 8
Suggested motion to recommend approval/denial of this requested Change in Zoning.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST.
LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF SCOTT/WESCOTT, FOR A
CHANGE IN ZONING FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE CO
(COMMERICAL, OFFICE) ZONING DISTRICT BECAUSE ....
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
MOTION TO DENY.
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST.
LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE. COUNTY BOARD OF COUNTY
COMMISSIONERS DENY THE APPLICATION OF SCOTTIWESCOTT, FOR A CHANGE IN ZONING
FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE CO (COMMERICAL,
OFFICE) ZONING DISTRICT BECAUSE
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
Environmental Resources
Department
Final Report
TO:
Diana Waite, Planning & Development Services Department
THROUGH:
Karen L. Smith, Environmental Resources Department Director
FROM:
Amy Griffin, Environmental Regulations and Lands Division Manager
DATE:
April 18, 2011
SUBJECT:
Scott/Wescott, A Florida General Partnership Rezoning
RZ 320071098
Background
The Environmental Resources Department (ERD) is in receipt of the October 26, 2010 Planning
and Development Services' date -stamped submittal. The applicant requests approval of a rezoning
from IX (Industrial, Extraction) to CO (Commercial, Office) to allow for continued use of the existing
agricultural administrative office building. Once the rezoning has been approved, the Planning and
Development Services Department will process a lot split, to separate the rezoned area from the IX -
zoned parent parcel. Environmental Resources staff has completed a site visit and review. The
one -acre project site is located on the east side of Rock Road, just north of the St. Lucie County
Jail. The site consists of an existing office building, associated parking, and some landscaping.
Findings
During a site visit on October 27, 2010, staff observed unauthorized clearing occurring on the
subject site and the larger parent parcel. Staff conveyed the issue to the clearing contractor
during the site visit, and also reported the issue to the County's Code Enforcement staff. On
November 5, 2010, ERD provided formal comments to the applicant, through the Development
Review Committee, noting the need for the applicant to remedy the unauthorized clearing.
Subsequently, on March 1, 2011, the applicant's environmental consultant provided a report to
ERD, including photos and other documentation, concluding that only invasive exotic vegetation
(primarily Brazilian pepper) and dead trees were removed by the land clearing contractor. On
March 8, 2011, ERD staff responded with an approval of the report. The applicant then submitted
an application for after -the -fact approval of the vegetation removal activities on March 17, 2011;
ERD issued an after -the -fact permit exemption on April 1, 2011. Therefore, the clearing violation
has been remedied.
Recommendation
ERD recommends approval of the rezoning.
ERD staff is available to answer questions or meet to help expedite the process. Please contact
Amy Griffin at 772-462-2531 if you have any questions or would like to meet.
1 RESOLUTION NO. 11-001
2 FILE NO.: RZ 320071098
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY
6 COMMISSIONERS OF ST. LUCIE COUNTY GRANTING
7 A CHANGE IN ZONING FROM. THE IX (INDUSTRIAL,
8 EXTRACTION) ZONING DISTRICT TO THE CO
9 (COMMERIAL, OFFICE) ZONING DISTRICT FOR
10 CERTAIN PROPERTY LOCATED IN ST. LUCIE
11 COUNTY, FLORIDA
12
13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
14 the testimony and evidence including, but not limited to the staff report, has made the
15 following determinations:
16
17 1. ScottlWescott, A Florida General Partnership, presented a petition for a
18 change in zoning from the IX (Industrial, Extraction) Zoning District to the CO
19 (Commercial, Office) Zoning District for the property described in Part A and
20 depicted on the attached map in Exhibit "A" below.
21
22 2. On , 2011, the St. Lucie County Planning and Zoning Commission
23 held a public hearing on the petition, after publishing notice at least 10 days
24 prior to the hearing and notifying by mail all owners of property within 500
25 feet of the subject property, and recommended that the Board of County
26 Commissioners (approve/deny) the hereafter described request for a change
27 in zoning from the IX (Industrial, Extraction) Zoning District to.the CO
28 (Commercial, Office) Zoning District for the property described in Part A
29 below.
30
31 3. On , 2011, this Board held a public hearing on the petition,
32 after publishing notice at least 10 days prior to the hearing and notifying by
33 mail all owners of property within 500 feet of the subject property.
34
35 4. The proposed change in zoning is consistent with the goals, objectives, and
36 policies of the St. Lucie County Comprehensive Plan and has satisfied the
37 requirements of Section 11.06.03 of the St. Lucie County Land Development
38 Code.
39
40 5. The proposed change in zoning is consistent with the existing and proposed
41 uses in the surrounding area.
42
Resolution No. 11-001
File No. RZ 320071098
Page 1
1
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3
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15
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25
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28
6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution,
was signed by the applicant on April 9, 2007.
NOW, THEREFORE, BE IT RESOLVED by the BocIrd of County Commissioners of St.
Lucie County, Florida:
A. The proposed amendment to the Official Zoning Atlas from the IX (Industrial,
Extraction) Zoning District to the CO (Commercial, Office) Zoning District is
hereby (approved/denied) for property depicted on the attached maps as
Exhibit "A and described below:
The North 149 feet of the South 198 feet of the East 293 feet of the West 336
feet of the West Y2 of the Southwest % of the Southeast % of Section 2,
Township 35 South, Range 39 East, St. Lucie County, Florida.
Location: 650 North Rock Road
Parcel I D#: 2302-433-0001-0000
B. The St. Lucie County Planning and Development Services Director is hereby
authorized and directed to cause the change to be made on the Official
Zoning Map of St. Lucie County, Florida, and to make notation of reference
to the date of adoption of this resolution.
C. A copy of this Resolution shall be mailed, return receipt requested, to the
owner and agent of record as identified on the application.
D. This Resolution shall be recorded in the Public Records.
File No. RZ 320071098
Resolution No. 11-001
Page 2
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After motion and second, the vote on this resolution was as follows:
Chairman Chris Craft XXX
Vice -Chairman Chris Dzadovsky XXX
Commissioner Paula A..Lewis XXX
Commissioner Frannie Hutchinson XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED This _day of 2011.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Deputy Clerk
IDw
File No. RZ 320071098
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Resolution No. 11-001
Page 3
EXHBIIT A
RZ-320071098 Zoning
ScottlWescott, A Florida General Partnership
Y 96 z Sj.
01a �TF
a
hey.
IL
♦ Z SIX
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I
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CBOURN'RD
IH CG
I AR-1
® Subject Property AR-1 -Agricultural Residential (1 dulac) IL - Industrial Light N
CG - Commercial General IX - Industrial Extraction
Institutional PUD - Planned Unit Development ._
1 500 ft. notification area IH - Industrial Heavy Map prepared April 26, 20t1
File No. RZ 320071098
Resolution No. 11-001
Page 4
EXHIBIT B
St. Lucie County
Cencurrency Deferral Affidavit
Fee: $25.00
Kenneth 'r, 3,,:,aL, Ckneral 3artner
1. Scott/Vescott PortncCsiil.r, ,reridingardongbusiness at _6-' `d. Itnrk &r
Name girepi
fort. a'rerce FL 34945 il2-461-7425
tiava applied for a
city -state Zip Phone
Change in Zoning From St Lucie County, FloriCa, for ins tollowing project
Tyfir or Dm elnp-nent Omer
T'ha N. k49' of the S 198' of F 293' et 0 1'36'
_ of Wj of qWj of SE; of Sec.2-355-R39::, St. a,i'tr Gmin`y, Flnrida.
Name of Proposed Development
I du hubby affirm that In connection with my application for the above project, I have elected to defer the certificate
of Cepaciiy end reearvalion of capacity in public facilit as for the above properly until a later time. but no later the,
the apjActoon for a final development order for the same property.
I undorstand and 'acknowledge that the above listed property will be eubject to the certaiceib of capacity before any
final devoloprnent order can be iseued, end that St. Lucie CoLnty can matte no guarantee that adequate public
faacil tes will be available when I apply for the final development order.
I FL, filler acknowledge that according to Section b,01 0' of the St, Lucie f nunty Land DavelopMeht COde, no final
development apprnvsd ran be granted tntil capacity in those facilities is available at that time. The Issuance of a
preliminary dace pment order wlthouta certificate of capacity creates no vested oralher rights to develop the
subJecl property,
signed:. �i ' 1- — Date:
Applie-nt
STATE OF FLORIDA, COUNTY OF Si. Lye, ,
The foregoing instrument was ecknrnvledged before me this '' fl day Of .Ap(- by
.t�l•i `hrN Who Is persona knovm to Ter who has produced as
�.: ---
�dentificatun. •- — J +� q At/07�rttirtlon btllE2elb
/-,, �pc .sF [,pr.-.s Oewmwroe.2Don
�''.r1 1��. r � .cEtiz,"✓
3iEnral - NnGir Puhlin Typa ur P'int Name of Notary' CommIsslon Number
`—I 1
Witness ness
R+visedkfarci, 21, �W?
File No. RZ 320071098
Resolution No. 11-001
Page 5
IGunoo eogoyo9Q4o
3.01.00. -ZONING DISTRICT U REGULATIONS
Page 1ofI
V. IX INDUSTRIAL, EXTRACTION.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for the
extraction of natural resources from the ground, together with such other uses as may be
necessary to and compatible with industrial extraction surroundings. The number in "( )"
following each identified use corresponds to the SIC code reference described in Section
3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be
further defined in Section 2.00.00 of this Code.
2. Permitted Uses:
a. Mining and quarrying of nonmetallic minerals, except fuels. (14)
b. Mobile food vendors. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section
7.04.00
5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are
subject to Section 7.06.00
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00
7. Conditional Uses:
a. Telecommunication towers- subject to the standards of Section 7.10.23. (999)
8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and
include the following:
a._ Detached single-family dwelling unit or mobile home, for on -site security purposes.
(999)
1,++--//1;hrQ, T„ 1In; P„rlP t-nm/T4TMT.i14641flPvPI?./C'NTTTZODT 3.01.00ZODIUSRE.htm1 6/29/2011
3.01.00. - ZONING DISTRICT U REGULATIONS
Page 1 of 1
R. CO COMMERCIAL, OFFICE.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for
selected office and commercial uses, together with such other uses as may be necessary to
and compatible with commercial office surroundings. The number in "( )" following each
identified use corresponds to the SIC code reference described in Section 3.01.02(B). The
number 999 applies to a use not defined under the SIC code but may be further defined in
Section 2.00.00 of this Code.
2. Permitted Uses:
a. Adjustment/collection and credit reporting services. (732)
b. Advertising. (731)
C. Communications - except towers. (48)
d. Computer programming, data processing and other computer related services. (737)
e. Contract construction services - office only. (15,16,17)
f. Duplicating, mailing, commercial art/photography and stenographic services. (733)
g. Engineering, accounting, research, management and related services. (87)
h.. Executive, legislative, and judicial functions. (91,92,93,94,95,96,97)
I. Finance, insurance, and real estate services. (60,61,62,63,64,65,67)
j. Health services - except nursing homes and hospitals. (80)
k. Membership organizations, except religious organizations. (86)
I. Miscellaneous business services:
(1) Detective, guard and armored car services. (7381)
(2) Security system services. (7382)
(3) News syndicate. (7383)
(4) Photofinishing laboratories. (7384)
(5) Business Services - misc. (7389)
M. Personnel supply services. (736)
n. Social services:
(1) Individual and family social services. (832/839)
(2) Job training and vocational rehabilitation services. (833)
o. Travel agencies. (4724)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section
7.04.00
5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are
subject to Section 7.06.00
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00
7. Conditional Uses:
a. Child care services. (835)
b. Television and radio transmitting towers. (999)
C. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00.00 and
include the following:
a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a
restaurant).
b. Postal services. (43)
ST. LUCIE.000NTY PLANNING AND ZONING COMMISSION
PUBLIC HEARING AGENDA
July 21, 2011
NOTICE OF PROPOSED ZONING DISTRICT CHANGE
The St. Lucie County Planning and Zoning Commission is scheduled to
review and make recommendations regarding the following item petitioned
by the applicant for adoption by the Board of County Commissioners of St.
Lucie County, Florida, by resolution.
RESOLUTION NO. 11-001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE IX
(INDUSTRIAL EXTRACTION) ZONING DISTRICT TO THE CO
(COMMERICAL, OFFICE) ZONING DISTRICT FOR CERTAIN PROPERTY IN
ST. LUCIE COUNTY, FLORIDA
APPLICANT: Scott/Wescott, Florida General Partnership
FILE NUMBER: RZ 320071098
PURPOSE: A Change in Zoning from the IX (Industrial, Extraction) Zoning District
to the CO (Commercial, Office) Zoning District.
LOCATION: 650 North Rock Road, approximately one-half mile north of Orange
Avenue.
LEGAL DESCRIPTION: The North 149 feet of the South 198 feet of the East
293 feet of the West 336 feet of the West Y/2 of the Southwest'/ of the
Southeast % of Section 2, Township 35 South, Range 39 East, St. Lucie County,
Florida.
(PLACE MAP HERE)
The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the
Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration
Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday. July 21, 2011
beginning at 6:00 P.M. or as soon thereafter as possible.
All interested persons will be given an opportunity to be heard. Written comments
received in advance of the public hearing will also be considered. Written comments to
the Planning and Zoning Commission should be received' by the Planning and
Development Services Department - Planning Division at least 3 days prior to the
scheduled hearing. The petition file is available for review at the Planning and
Development Services Department offices located at 2300 Virginia Avenue, 2"d Floor,
Form No. 07-09
Fort Pierce, Florida, during regular business hours. Please call (772)462-2822 or TDD
772/462-1428 if you have any questions or require additional information.
The St. Lucie County Planning and Zoning Commission has the power to review and
recommend to the St. Lucie County Board of County Commissioners, for approval or
disapproval, any applications within their area of responsibility.
The proceedings of the Planning and Zoning Commission are electronically recorded.
PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any
decision made by the Planning and Zoning Commission with respect to any matter
considered at a meeting or hearing, he or she will need a record of the proceedings. For
such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to
be based. Upon the request of any party to the proceeding, individuals testifying during
a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to
cross-examine any individual testifying during a hearing upon. request. If it becomes
necessary, a public hearing may be continued to a date -certain.
Anyone with a. disability requiring accommodation to attend this meeting should contact
the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at
(772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be
referred to St. Lucie County Planning Division at (772) 462-2822.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/S/CRAIG MUNDT, CHAIRMAN
PUBLISH DATE: July.5, 2011
18 pt type for heading
No smaller than 2 column inches wide by 10 inches long
Send Proof to: St. Lucie County
Planning and Development Services Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Phone - (772) 462-1585
Fax - (772) 462-1581
Send Bill to: St. Lucie County
Planning and Development Services Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Phone - (772) 462-1585
Fax - (772) 462-1581
Form No. 07-09
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PLANNING AND ZONING COMMISSION
0 2302-313-0025-000-5
• State Of Florida Dot
• 3400 W Commercial Blvd
o Fort Lauderdale, FL 33309-
3421
Public Hearing ®ate;
July 21, 2011
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue
Ft Pierce, Florida 34982
Time:
6:00 PM
Applicant
Scott/Wescott, Florida Gen-
eral Partnership
Property Location
650 North Rock Road, ap-
proximately .5 mile north of
Orange Avenue.
Proposed Zoning
CO (Commercial, Office)
Future Land Use
RS (Residential, Suburban)
a
COUN-rY
PUBLIC HEARING NOTICE-
Scott/Wescott, A Florida General Partnership
RZ 320071098
RZ-320071098 Zoning
Scott/Wescott, A Florida General Partnership
i UD
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Subject property ARA-Agricultural Residentiial(1 du/ac) IL -Industrial Light '"' `' r
CG - Commercial General IX - Industrial Exlraction , \
1-Inslhulional PUD- Planned Unit Development N
`�500 ft. notification area IH-Industrial Heavy Maplrepan,dAp026.2011
Public Hearing Description The St. Lucie County Planning and Zon-
ing Commission has the power to review
Petition of Scott/Wescott, a Florida and recommend to the St. Lucie County
General Partnership for a change in Board of County Commissioners, ap-
zoning from the IX (Industrial, Extrac- proval or denial of any applications within
tion) Zoning District to the CO their area of responsibility.
(Commercial, Office) Zoning District.
All interested persons .will be given an
The subject 1 acre parcel contains an opportunity to be heard. Written com-
existing 2,868 square foot building con- ments received in advance of the public
structed in 1992 to serve as Scott hearing will also be considered. Written
Groves Inc. business office. In 1998 comments to the Planning and Zoning
the site was unintentionally rezoned to Commission should be received by the
IX creating a nonconforming use. The Planning and Development Services De -
proposed rezoning will bring the prop- partment - Planning Division at least 3
erty back into conformance with the days prior to the scheduled hearing.
County's zoning district regulations.
Further details are available in the Plan -
Staff Recommendation ning Division —please contact:
Forward a recommendation of ap- Staff Diana Waite, AICP
proval to the Board of County Commis- Tel. 772-462-1577
sioners for the adoption of Resolution Email waited (�stl ucieco,org
No. 11-001 granting approval to the Mail 2300 Virginia Avenue
rezoning request. Fort Pierce, Florida 34982
Legal Description:
The North 149 feet of the South 198 feet of the East 293 feet of the West 336 feet of
the West % of the Southwest Y4 of the Southeast 1/ of Section 2, Township 35 South,
Range 39 East, St. Lucie County, Florida.
Location: 650 North Rock Road, Fort Pierce, FL
Parcel I D#: 2302-433-0001-0000
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AGENDA REQUEST ITEM NO. VI I' -
DATE: October 4, 2011
REGULAR[ ]
PUBLIC HEARING [x ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS, PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Barbieri
Assistant County Attorney
SUBJECT: Ordinance No.11-024 - Road Right of Way Safety
BACKGROUND: See attached memorandum No. 11-0996
RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 11-024 and
authorize the Chairman to sign the Ordinance.
COMMISSION ACTION:
[ j APPROVED [ ] DENIED
[ ] OTHER:
[X] County Attorney:
Daniel S. McIntyre
Review and Approvals
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
a
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: 11-0996
DATE: October 4, 2011
SUBJECT: Ordinance No.11-024 - Road Right of Way Safety
BACKGROUND:
The St. Lucie County Sheriffs Office has requested the Board of County Commissioners consider
prohibiting activities from being conducted on the right of way of public roads to assure the free, orderly,
undisrupted movement of motorized vehicles on the public roads. The ordinance would prohibit any
person from going upon any road in the unincorporated County for the purpose of distributing materials
or goods or soliciting business or charitable contributions of any kind from the occupants of any motorized
vehicle located on the public roads of St. Lucie County.
The ordinance also prohibits any person from being within four (4) feet of the edge of the road for
the purpose of distributing materials or goods or soliciting business or charitable contributions of any kind
from the occupants of any motorized vehicle located on the public roads of St. Lucie County.
This ordinance has been provided to both the City of Port St. Lucie and City of Fort Pierce Attorney's
Office. Port St. Lucie has indicated that they will be proceeding with a similar ordinance, which has an
anticipated effective date in October 2011.
The passage of Ordinance No. 11-024 will further the interest of the health, safety, and general
welfare of the public.
Permission to advertise Ordinance No.11-024 was granted by the Board of County Commissioners
on September 6, 2011. The Notice of Intent was published in the News Tribune on September 21, 2011.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board adopt Ordinance No.11-024 and authorize the Chairman to sign
the Ordinance.
KB/cb
H:\Memos\KB-AgendaMemo-0rd.11-024PH.wpd
Respectfully submitted,
f 44__�
Katherine Barbieri
Assistant County Attorney
ORDINANCE NO.11-024
AN ORDINANCE CREATING CHAPTER 17, ARTICLE VII, ROAD RIGHT-OF-
WAY SAFETY ORDINANCE; PROHIBITING PERSONS FROM DISPLAYING
ADVERTISING, DISTRIBUTING MATERIALS OR GOODS, AND SOLICITING
BUSINESS OR CHARITABLE CONTRIBUTIONS, FROM OCCUPANTS OF
MOTORIZED VEHICLES LOCATED ON PUBLIC ROADS OF ST. LUCIE
COUNTY; PROVIDING FOR TITLE; PROVIDING FOR INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR FINDINGS AND DETERMINATIONS;
PROVIDING FOR PROHIBITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, Sections 125.01(1)(m), Florida Statutes, authorizes the Board of County Commissioners
to regulate roads within St. Lucie County; and
WHEREAS, Section 125.01(1)(w), Florida Statutes, authorizes the Board of County Commissioners
to perform acts that are in the common interest of the people of St. Lucie County, and to exercise all
powers and privileges not specifically prohibited by law; and
WHEREAS, the Board of County Commissioners finds that persons displaying advertising in roads,
distributing materials or goods to occupants of motorized vehicles in roads, or soliciting business or
charitable contributions from the occupants of motorized vehicles in roads is hazardous to public safetyand
impedes the normal, orderly, and safe flow of traffic; and
WHEREAS, the Florida Legislature has determined that the failure to prohibit certain activities from
being conducted on the right-of-way of state transportation facilities —such as the free distribution or sale
of any merchandise, goods, property or services; the display or solicitation for free distribution or sale of
any merchandise, goods, property or services; or solicitation for charitable purposes — endangers the
health, safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian
movement within travel lanes, sudden stoppage or slowdown of traffic, and rapid lane changing and other
dangerous traffic movement; and
WHEREAS, St. Lucie County seeks to provide for the safety of its citizens by prohibiting transactions
involving occupants of motorized vehicles on public roads within St. Lucie County; and
WHEREAS, the Board of County Commissioners finds that passage of this Ordinance will further the
interest of the health, safety, and general welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Underlined passages are added. - —1 61uek11 atigkpassages are deleted.
ARTICLE VII. ROAD RIGHT-OF-WAY SAFETY ORDINANCE
Section 1-17-70. TITLE
This Ordinance shall be entitled the St. Lucie County Road Right of Way Safety Ordinance.
Section 1-17-71. INTENT
It is the intent of this Ordinance to protect the health. safety and general welfare of the citizens of
St. Lucie County, to assure the free, orderly, undisrupted movement of motorized vehicles on public roads
within St. Lucie County, and to provide for safety in the interest of pedestrians and occupants of motorized
vehicles located on public roads within St. Lucie County. This Ordinance is not intended to control traffic,
as that term is defined in Chapter 316, Florida Statutes. This Ordinance is intended to apply evenhandedly
to all persons who engage in the activities proscribed herein, regardless of their message. This Ordinance
is intended to be narrowly -tailored to serve the significant government interest of public safety, and to
leave open ample alternative channels of displaying advertising, distributing goods and materials, and
soliciting business and charitable contributions.
Section 1-17-72. DEFINITIONS
"Roads" shall include streets, shoulders, roadbeds, medians,
and all other ways open to travel by
operators of motorized vehicles within St. Lucie County. This definition excludes private roads and roads
that are not open to motor vehicle travel.
Section 1-17-73. FINDINGS AND DETERMINATIONS
The Board of County Commissioners hereby finds and determines that mixing pedestrians and
temporarily stopped motor vehicles in the same space at the same time is inherently dangerous, and that
the combination of the high volume of motorized vehicles and congested roads in St. Lucie County and
persons engaging in advertising, distribution, or solicitation that is directed at motor vehicle occupants on
those roads is hazardous to public safety, both for occupants of motorized vehicles located on public roads
and for persons engaging in such advertising, distribution, and solicitation.
The Board of County Commissioners further hereby finds and determines that the prohibitions set
forth in this Ordinance are narrowly -tailored to serve the significant interest of promoting and protecting
the public health, safety, and welfare of the citizens of St. Lucie County, and that said prohibitions leave
open ample alternative channels of communication.
Section 1-17-74. PROHIBITIONS
1. No person shall be upon or go upon any road for the purpose of displaving advertising of
any kind or distributing materials or goods or soliciting business or charitable contributions of any kind from
the occupant of any motorized vehicle located on public roads of St. Lucie County.
Underlined passages are added. -2- fir passages am deleted,
2. No person shall be within four (4) feet of the edge of the road for the purpose of
distributing materials or goods or soliciting business or charitable contributions of any kind from the
occupant of any motorized vehicle located on public roads of St. Lucie County.
3. The language in this Section is intended to prohibitthe activities described above only when
they are directed by pedestrians toward occupants of motor vehicles that are on the traveled portion of
public roadsthat are open to traffic —the term "traveled portion" includestravel lanes, turn lanes, and other
portions of the road that are generally used for motor vehicle travel. This Section is not intended to
prohibit activities such as advertising_ distribution of goods or materials, or business or charitable
solicitation that is directed toward pedestrians on sidewalks.
PART B. TERRITORY EMBRACED
The provisionsof this Ordinanceshall embrace all public roadsthatare open to motorvehicle traffic
within the unincorporated boundaries of St. Lucie County, including state roads, interstate ramps and
county roads.,
PART C. SEVERABILITY AND APPLICABILITY
It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any
section, subsection, sentence, clause or provision of this Ordinance be held invalid, the remainder of the
Ordinance shall not be affected.
PART D. PENALTIES
1. Pursuant to Section 125.69(1), Florida Statutes, any person convicted of violating the
provisions of this Ordinance shall be punished by a fine not to exceed $500, by imprisonment not to exceed
60 days, or by both such fine and imprisonment.
2. In addition to the penalties provided by subsection (1) of this Section, any violation of this
ordinance shall be subject to appropriate civil action in a court of appropriate jurisdiction.
PART E. FILING WITH THE DEPARTMENT OF STATE,
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE
Pursuant to Section 125,66, Florida Statutes, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners. This Ordinance shall become effective when the
acknowledgment is received from the Secretary of State that the Ordinance has been duly filed.
Underlined passages are added.. -3- i gig passages an deleted.
.y
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft XXX
Vice Chairman Chris Dzadvosky XXX
Commissioner Tod Mowery XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula A. Lewis XXX
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated In the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and
the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through G shall not be codified.
PASSED AND DULY ADOPTED this day of 2011.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Underlined passages an added. -4- 51 veh W ekigh passages are deleted.
BEFORE THE BOARD OF.
COUNTY COMMISSIOMiliS .,
ST. LUCIE COUNTY, FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY GIVEN that the Boarc
of County Commissioneis of St. Lucie
County, Florida will consider adopting
County Ordipance No. 11-024 which, it
adopted; would amend the St. Lucie
County Code of Ordinances to prohibit
persons from displaying advertising, dis•
t0buting materials or goods, and soliciting
business or charitable contributions from
occapants.of motorized vehicles located
on public roads of St. Lucie County, at its
regular meeting on Tuesday, the 4th day
of October 2011, at 6:00 pm, or as soon
thereafter as the matter may be heard in
the St. Lucie County Commission Cham-
bers at the St. Lucie County Administration
Building Annex, Third Floor, 2300 Virginia
,Avenue, Fort Pierce, Florida. The hearing
may be continued from time to time as
may be necessary. Matters affecting your
personal and property rights may be heard
arro acted upon. All interested persons
are invited to attend and be heard. Written
comments received in advance of the pub-
lic hearing will also be heard. The St. Lu-
cie County Board of County Commission-
ers has'the power to review, approve,
modify or deny any ordinance within their
area of responsibility. If it becomes neces-
sary, a public hearing may be continued to
a date certain.
Copies of the proposed ordinance may be
obtained from the County Attomey's,Of-
fice, St. Lucie County Administration Build-
ing Annex, 2300 Virginia Avenue, Fort
Pierce, Florida, 34982. Amendments to
the Ordinance may be made at the public
hearing.
If any person decides to appeal any deei-'
sion made with respect to any matter -con-
sidered at the meetings or hearings of any
board, committee, commission, agency,
council or advisory group; that person will
need it record of the proceedings and that,
for such purpose, may need to ensure that
a verbatim record of the proceedings is
matte, which record should include the
testimony and evidence upon which the
am" is to be based. Umn the request
an opportunity to cross-examine any it
vidual testifying during a hearing upon
quest.
Anyone with a disability requiring accc
modation to attend this meeting sho
contact Dan Lutzke, Risk Manager,
(772),462-1546, or T.D.D. (772) 462-14
at least forty-eight (48) hour's prior to I
meeting.
The title of the proposed ordinance is; ,
ORDINANCg llb. 11-024
AN ORDN1114CE CREATING CHAPT
OR CHARITABLE CONTRIE
FROM OCCUPANTS OF MC
VEHICLES LOCATED ON
ROADS OF ST. LUCIE COUP
VIDING FOR TITLE; .PROVIC
INTENT; PROVIDING FOR
TIONS; PROVIDING FOR' F
AND DETERMINATIONS; 'PF
FOR PROHIBITIONS: PROW..
ALTIES; PROVIDING. FOR CODN40
TION; PROVIDING FOR AN EFfIM
DATE
THIS NOTICE EXECUTED -and dam th
21st day of Septetriher 20T7.
County Attar
Sept rnber 21, 2011
ORDINANCE NO.11-024-a
AN ORDINANCE CREATING CHAPTER 17, ARTICLE Vil, ROAD RIGHT-OF-
WAY SAFETY ORDINANCE; PROHIBITING PERSONS FROM DISPLAYING
ADVERTISING, DISTRIBUTING MATERIALS OR GOODS, AND SOLICITING
BUSINESS OR CHARITABLE CONTRIBUTIONS, FROM OCCUPANTS OF
MOTORIZED VEHICLES LOCATED ON PUBLIC ROADS OF ST. LUCIE
COUNTY; PROVIDING FOR TITLE; PROVIDING FOR INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR FINDINGS AND DETERMINATIONS;
PROVIDING FOR PROHIBITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, Sections 125.01(1)(m), Florida Statutes, authorizes the Board of County Commissioners
to regulate roads within St. Lucie County; and
WHEREAS, Section 125.01(1)(w), Florida Statutes, authorizes the Board of County Commissioners
to perform acts that are in the common interest of the people of St. Lucie County, and to exercise all powers
and privileges not specifically prohibited by law; and
WHEREAS, the Board of County Commissioners finds that persons displaying advertising in roads,
distributing materials or goods to occupants of motorized vehicles in roads, or soliciting business or
charitable contributions from the occupants of motorized vehicles in roads is hazardous to public safety and
impedes the normal, orderly, and safe flow of traffic; and
WHEREAS, the Florida Legislature has determined that the failure to prohibit certain activities from
being conducted on the right-of-way of state transportation facilities — such as the free distribution or sale
of any merchandise, goods, property or services; the display or solicitation for free distribution or sale of
any merchandise, goods, property or services; or solicitation for charitable purposes — endangers the health,
safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian movement
within travel lanes, sudden stoppage or slowdown of traffic, and rapid lane changing and other dangerous
traffic movement; and
WHEREAS, St. Lucie County seeks to provide for the safety of its citizens by prohibiting transactions
involving occupants of motorized vehicles on public roads within St. Lucie County; and
WHEREAS, the Board of County Commissioners finds that passage of this Ordinance will further the
interest of the health, safety, and general welfare of the public; and
WHEREAS, the .Florida Department of Highway Safety and Motor Vehicle Traffic Crash Statist
iort 2010 demonstrates a significant reduction of motor vehicle traffic crashes on Sunday during daylij
li�VIHEREAS, the Florida Department of Highway Safety and Motor Vehicle Traffic Crash Statistics
Report 2009 demonstrates a significant reduction of motor vehicle traffic crashes on Sunday_s during dayhgh
ours
Underlined passages are added. -1- fiftek thratigis passages are deleted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
ARTICLE VII. ROAD RIGHT-OF-WAY SAFETY ORDINANCE
Section 1-17-70. TITLE
This Ordinance shall be entitled the St. Lucie County Road Right of Way Safety Ordinance.
Section 1-17-71. INTENT
It is the intent of this Ordinance to protect the health, safetyandgeneral welfare of the citizens of
St. Lucie County, to assure the free, orderly, undisrupted movement of motorized vehicles on public roads
within St. Lucie County, and to provide for safety in the interest of pedestrians and occupants of motorized
vehicles located on public roads within St. Lucie County. This Ordinance is not intended to control traffic
as that term is defined in Chapter 316, Florida Statutes. This Ordinance is intended to apply evenhandedly
to all persons who engage in the activities proscribed herein, regardless of their message. This Ordinance
is intended to be narrowly -tailored to serve the significant government interest of public safety, and to leave
open ample alternative channels of displaying advertising, distributing goods and materials and soliciting
business and charitable contributions.
Section 1-17-72. DEFINITIONS
"Roads" shall include streets, shoulders, roadbeds, medians, and all other ways open to travel by
operators of motorized vehicles within St. Lucie County. This definition excludes private roads and roads
that are not open to motor vehicle travel.
Section 1-17-73. FINDINGS AND DETERMINATIONS
The Board of County Commissioners hereby finds and determines that mixing pedestrians and
temporarily stopped motor vehicles in the same space at the same time is inherently dangerous and that
the combination of the high volume of motorized vehicles and congested roads in St, Lucie County and
persons engaging in advertising, distribution, or solicitation that is directed at motor vehicle occupants on
those roads is hazardous to public safety, both for occupants of motorized vehicles located on public roads
and for persons engaging in such advertising, distribution, and solicitation.
The Board of County Commissioners further hereby finds and determines that the prohibitions set
forth in this Ordinance are narrowly -tailored to serve the significant interest of promoting and protecting
the public health, safety, and welfare of the citizens of St. Lucie County, and that said prohibitions leave
open ample alternative channels of communication.
Section 1-17-74.
1. No person shall be upon or go coon any road for the purpose of displaying advertising of
any kind or distributing materials or goods or soliciting business or charitable contributions of any kind from
the occupant of any motorized vehicle located on public roads of St. Lucie County.
Underlined passages are added. -2'
5lwekPpreegh passages are deleted.
� f
I No oerson shall be within four (41 feet of the edge of the road for the ouroose of distributing
materials or goods or soliciting business or charitable contributions of any kind from the occupant of any
motorized vehicle located on public roads of St. Lucie County.
3. The language in this Section is intended to prohibit the activities described above only when
they are directed by pedestrians toward occupants of motor vehicles that are on the traveled portion of
public roads that are open to traffic —the term "traveled portion" includes travel lanes turn lanes and other
portions of the road that are generally used for motor vehicle travel. This Section is not intended to prohibit
activities such as advertising, distribution of goods or materials, or business or charitable solicitation that
is directed toward pedestrians on sidewalks.
Section 1-il-� �XE« MP71011
�I
ru The person engaging in roadway solicitation is atleast .18 years of a-e
L
o person
Underlined passages are added. —3- 5troekth�engFr passages are deleted.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and
the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through G shall not be codified.
ATTEST -
PASSED AND DULY ADOPTED this day of 2011.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Underlined passages are added. -5- 5hnekthrm�lr passages are deleted.
r
ORDINANCE NO.11-024-a
AN ORDINANCE CREATING CHAPTER 17, ARTICLE VII, ROAD RIGHT-OF-
WAY SAFETY ORDINANCE; PROHIBITING PERSONS FROM DISPLAYING
ADVERTISING, DISTRIBUTING MATERIALS OR GOODS, AND SOLICITING
BUSINESS OR CHARITABLE CONTRIBUTIONS, FROM OCCUPANTS OF
MOTORIZED VEHICLES LOCATED ON PUBLIC ROADS OF ST. LUCIE
COUNTY; PROVIDING FOR TITLE; PROVIDING FOR INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR FINDINGS AND DETERMINATIONS;
PROVIDING FOR PROHIBITIONS; PROVIDING FOR SEV€RABILITY,
PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, Sections 125.01(1)(m) , Florida Statutes, authorizes the Board of County Commissioners
to regulate roads within St. Lucie County; and
WHEREAS, Section 125.01(1)(w), Florida Statutes, authorizes the Board of County Commissioners
to perform acts that are in the common interest of the people of St. Lucie County, and to exercise all powers
and privileges net specifically prohibited by law; and
WHEREAS, the Board of County Commissioners finds that persons displaying advertising in roads,
distributing materials or goods to occupants of motorized vehicles in roads, or soliciting business or
charitable contributions from the occupants of motorized vehicles in roads is hazardous to public safety and
impedes the normal, orderly, and safe flow of traffic; and
WHEREAS, the Florida Legislature has determined that the failure to prohibit certain activities from
being conducted on the right-of-way of state transportation facilities - such as the free distribution or sale
of any merchandise, goods, property or services; the display or solicitation for free distribution or sale of
any merchandise, goods, property or services; or solicitation for charitable purposes - endangers the health,
safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian movement
within travel lanes, sudden stoppage or slowdown of traffic, and rapid lane changing and other dangerous
traffic movement; and
WHEREAS, St. Lucie County seeks to provide for the safety of its citizens by prohibiting transactions
involving occupants of motorized vehicles on public roads within St. Lucie County; and
WHEREAS, the Board of County Commissioners finds that passage of this Ordinance will further the
interest of the health, safety, and general welfare of the public; and
_(WHEREAS, the Florida Department of Highway Safety and Motor Vehicle Traffic Crash Statisti
2010 demonstrates a Significant reduction of motor Vehicle traffic crashes on Sunday during daylig
— -- ----- -- - - -- -- -- - -- - - - ---------
HEREAS, the Florida Department of Highway Safety and Motor Vehicle Traffic Crash
eport 2009 demonstrates a`significant reduction of motor vehicle traffic crashes on Sundays durir
Underlined passages are added.
-1- Strndrgsreagh passages are deleted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCiE
COUNTY, FLORIDA:
ARTICLE VII. ROAD RIGHT-OF-WAY SAFETY ORDINANCE
Section 1-17-70. TITLE
This Ordinance shall be entitled the St. Lucie County Road Right of Way Safety Ordinance
Section 1-17-71. INTENT
It is the intent of this Ordinance to protect the health safety and general welfare of the citizens of
St. Lucie County, to assure the free orderly, undisrupted movement of motorized vehicles on public roads
within St. Lucie County, and to provide for safety in the interest of pedestrians and occupants of motorized
vehicles located on Public roads within St. Lucie County. This Ordinance is not intended to control traffic
as that term is defined in Chapter 316, Florida Statutes. This Ordinance is intended to apply evenhandedly
to all Persons who engage in the activities Proscribed herein, regardless of their message This Ordinance
is intended to be narrowly -tailored to serve the significant government interest of public safety, and to leave
open ample alternative channels of displaying advertising distributing goods and materials and soliciting
Business and charitable contributions.
Section 1-17-72. DEFINITIONS
"Roads" shall include streets, shoulders, roadbeds, medians and ail other ways open to travel by
operators of motorized vehicles within St. Lucie County. This definition excludes private roads and roads
that are not open to motor vehicle travel.
Section 1-17-73. FINDINGS AND DETERMINATIONS
The Board of County Commissioners hereby finds and determines that mixing_ pedestrians and
temoorariiv stopped motor vehicles in the same space at the same time is inherently dangerous and that
the combination of the high volume of motorized vehicles and congested roads in St. Lucie County and
persons engaging in advertising distribution or solicitation that is directed at motor vehicle occupants on
those roads is hazardous to public safety, both for occupants of motorized vehicles located on public roads
and for persons engaging in such advertising, distribution, and solicitation.
The Board of County Commissioners further hereby finds and determines that the prohibitions set
forth in this Ordinance are narrowly -tailored to serve the significant interest of promoting and protecting
the public health, safety, and welfare of the citizens of St. Lucie County, and that said prohibitions leave
open ample alternative channels of communication.
Section 1-17-74.
1. No person shall be upon or go upon any road for the Purpose of displaying advertising of
any kind or distributing materials or goods or soliciting business or charitable contributions of any kind from
the occupant of any motorized vehicle located on public roads of St. Lucie County.
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2. No person shall be within four (4) feet of the edge of the road for the purpose of distributing
materials or goods or soliciting business or charitable contributions of any kind from the occupant of any
motorized vehicle located on public roads of St. Lucie County.
3. The language in this Section is intended to prohibit the activities described above only when
they are directed by pedestrians toward occupants of motor vehicles that are on the traveled portion of
public roads that are open to traffic —the term "traveled portion" includes travel lanes turn lanes and other
Portions of the road that are generally used for motor vehicle travel This Section is not intended to prohibit
activities such as advertising, distribution of goods or materials or business or charitable solicitation that
is directed toward pedestrians on sidewalks.
section 1-19-7� �XEIVIPTIO
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�e- The person en8agmgin roadway solicitation is at least 18 vears.of aged
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PART B. TERRITORY EMBRACED
The provisions of this Ordinance shall embrace all public roads that are open to motor vehicle traffic
within the unincorporated boundaries of St. Lucie County, including state roads, interstate ramps and county
roads.
PART C. SEVERABILITY AND APPLICABILITY
It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any
section, subsection, sentence, clause or provision of this Ordinance be held invalid, the remainder of the
Ordinance shall not be affected.
PART D. PENALTIES
1, Pursuant to Section 125.69(1), Florida Statutes, any person convicted of violating the
provisions of this Ordinance shall be punished by a fine not to exceed $500, by imprisonment not to exceed
60 days, or by both such fine and imprisonment.
2. In addition to the penalties provided by subsection (1) of this Section, any violation of this
ordinance shall be subject to appropriate civil action in a court of appropriate jurisdiction.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send_ a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE
Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the
Department of State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners. This Ordinance shall become effective when the
acknowledgment is received from the Secretary of State that the Ordinance has been duly filed.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows.
Chairman Chris Craft
XXX
Vice Chairman Chris Dzadvosky
XXX
Commissioner Tod Mowery
XXX
Commissioner Frannie Hutchinson
XXX
Commissioner Paula A. Lewis
XXX
PART H. CODIFICATION.
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Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and
the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through G shall not be codified.
ATTEST -
PASSED AND DULY ADOPTED this I day of 2011.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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