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Home My WebLink AboutNovember 8, 2011 Informal Agenda Package-~x~ s T r-iv - ,wa .__,._~_.. _._~_~,.,_...,._~s. ..~ . _.~. ~. O r ~~4 D ...... _.~~.z.. .i.y ...SS ._ AGENDA Tuesday, November 8, 2011 9:00 A.M. INFORMAL MEETING 1. CALL TOORDER -COMMISSIONER CRAFT, CHAIRMAN BOARD OF COUNTY COMMISSIONERS 2. MERRITT DITCH UPDATE: DISCUSSION -MIKE POWLEY -COUNTY ATTORNEY 3. TCERDA FUNDING REQUEST -COUNTY ADMINISTRATOR 4. REDISTRICTING PROPOSAL UPDATE - MARK SATTERLEE 5. ST. LUCIE INLET ADVISORY COMMITTEE 6. ADJOURNMENT CONFERENCE ROOM #3 ROGER POITRAS ADMINISTRATION ANNEX 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 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 sworn 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. Item No. 2 Y Daniel McIntyre From: Frank Fee <ffee@feederossfee.com> ;~.~-'•a:=~;. ;,,, Sent: Tuesday, October 25, 20114:27 PM ``'~`r~''°~°-'``;~i~-~~" To: timm@mbveng.com OCT 2 6 2011 Cc: Daniel McIntyre; Ron Harris; JoAnn Riley Subject: Merritt Ditch Titte Search Results f,'~ +~ - ~ ~ , ~z:::, , .__ . Tim, Having received a copy of your last transmittal to Dan McIntyre, Esquire, I thought I would intervene to convey my thoughts as I am in the middle. The very early plat of White City Subdivision delineated a system of streets of which Augusta Street was one. There are no marginal approvals of governmental authority nor certificates ~of dedication. Plats in this form are not uncommon, and the case law has construed such visual representations by plat as amounting only to offers of dedication until public ~~user~" occurs evidencing acceptance of the offer of dedication. The offer of dedication represented by the plat was for a street, not a drainage right-of--way. In Florida, a dedication creates an easement. There is always the underlying fee interest that is vested somewhere. In the absence of a reversionary right by the owner filing the plat, the underlying fee up to the centerline of the street offered for dedication passes to those who buy the property on either side of the intended street. Since Augusta Street is now a drainage ditch the public user as a street is not possible. The safe call, and the one I have made, is that the Merritt Ditch lying within the Augusta Street area is owned up to the centerline by the property owners on the north and south. The County should obtain a fresh drainage right- of-way with proper dimensions for ditch and maintenance berms on each side in order for it to assist. Your property owner will be called upon for assistance in this regard. I realize the above discussion is a bit arcane, but it is supported by case law in Florida as there exist no legal documents, apart from the plat itself, for guidance. Tim, I would be pleased to receive your call if I can provide further explanation. Frank Fee Frank H. Fee, III, Esq. Fee, DeRoss & Fee, P.L. Poppell House A Designated Historic Property 426 Avenue A Fort Pierce, Florida 34950 Telephone: (772) 461-5020 Telecopier: (772) 468-8461 email: flee a(~.feederossfee.com ~~- ~ ; ~~ ~~~ ~- P~ L rk ~ f Faye W. Outlaw From: Tim <timm@mbveng.com> Sent: Friday, October 14, 2011 9:35 AM To: Frannie Hutchinson; Chris Craft Cc: Lee Ann Lowery; Faye W. Outlaw Subject: FW: Merritt Ditch Follow Up Flag: Follow up Flag Status: Flagged Dear Commissioners: Regarding this Merritt Ditch and Kymalainen Residence erosion issue that has been unresolved over the past year; it appears sufficient evidence has been gathered by 5LC to accept responsibility for the ditch itself and the major erosion issue. See-below correspondence. Title searches have been performed and engineering & geotechnical studies have been completed. The Kymalainens wish to call you to action at this point and get something accomplished. Please let us know where the County now stands on the issue. Thank you very much. Sincerely, Tim Maslin Project Manager ~ MBV Engineering, Inc. 1835 20th Street ~ Vero Beach, Florida 32960 P: 772.569.0035 x 109 ~ F: 772.778.3617 TimM@mbveng.com ~.. ter. ENGiNEEftIt~1G,1N'C: Flraritf:s Envirbntrte~r1t~31 Gon•~,utfiiric~, lnc. From: Tim [mailto:timm@mbveng.com] Sent: Tuesday, October l1, 2011 10:36 AM To: 'Michael Powley' Cc: 'Aaron Bowles' Subject: RE: Merritt Ditch Title Search Results Dear Mr. Powley: 1 Thank you for your correspondence regarding the Merritt Ditch. We have reviewed all the 3`d party documentation provided by St. Lucie County and we are under the assumption you and your staff has as well. First, we agree with the 3`d party title search performed by Mr. Frank H. (Speedy) Fee, III Attorney at Law evidencing that the county does in fact own the Augusta Street R-O-W at the subject property. Mr. Fee states that he was "unable to find any record of abandonment of Augusta Street or any conveyances purporting to convey any parts of Augusta Street." This coupled logically with all the other related information we all have in our files should resolve the ownership issue. Second, we agree with the 3`d party engineering report performed by Mr. R.1. Kennedy, Professional Engineer and the fact that both sides of the ditch are "sloughing at the toe-of-slope" evidencing that this is a regional problem associated with the ditch morphology and groundwater dynamics. We also concur that the Kymalainen roof drains are CURRENTLY causing "wash outs at the point of discharge along the northern top-of-banK' as described by Mr. Kennedy. We concur that this point source erosion MAY contribute to the immediate groundwater dynamic and exacerbate the sloughing, but this would be contrary to the referenced sloughing on both sides of the ditch and thus be considered negligible. To further this item the owner believes the roof drains were constructed as exfiltration and did not directly discharge to the ditch before the bank sloughed away toward, and met the pipe end. We also concur that the Kymanainen septic drain field MAY contribute to the immediate groundwater dynamic and exacerbate the sloughing, but again this would be contrary to the referenced sloughing on both sides of the ditch and thus be considered negligible. Also this septic drain field was constructed and approved by SLC at the time with a 7.5' setback distance between the drain field and the ditch top-of-bank. This separation is now zero, and some sanitary facilities are exposed. Without legal representation at the moment the Kymalainen's agree to re-route the roof drains toward the Sunrise Blvd roadside community stormwater system with their own finances, however they are requesting SLC to fix the ditch appropriately and to compensate them for the engineering and consulting services SLC caused them to obtain by refuting responsibility for the lands and public safety. Please reply and let us know what plan of action SLC will be taking. We humbly request a reply within 15 business days so that this issue may be resolved expeditiously. Thank you very much. Sincerely, Tim Maslin Project Manager ~ MBV Engineering, Inc. 1835 20th Street ~ Vero Beach, Florida 32960 P: 772.569.0035 x 109 ~ F: 772.778.3617 TimM@mbveng.com rv^1~ Q~ . rao~ka Ei`1GlNEl`~tING,1NC, FCoridsx Envcrin~t~rit;st Crart~~i4tinq, Enc. t 1 ~ t~l?14\ Ilf;l I~ Sl.{.\'!1', ft{.. ar.: Daniel McIntyre From: Linda Buchanan on behalf of Michael Powley Sent: Tuesday, October 11, 201110:40 AM To: Craig Hauschild; Daniel McIntyre; Don West Subject: FW: Merritt Ditch Title Search Results FYI From: Tim [mailto:timm@mbveng.com] Sent: Tuesday, October 11, 2011 10:36 AM To: Michael Powley Cc: 'Aaron Bowles' Subject: RE: Merritt Ditch Title Search Results Dear Mr. Powley: a ~~, ~~~~ c~~C~ ~ w_-_..~.__ew.. i~~1~3-.I i1 Thank you for your correspondence regarding the Merritt Ditch. We have reviewed all the 3`d party documentation provided by St. Lucie County and we are under the assumption you and your staff has as well. First, we agree with the 3`d party title search performed by Mr. Frank H. (Speedy) Fee, III Attorney at Law evidencing that the county does in fact own the Augusta Street R-O-W at the subject property. Mr. Fee states that he was "unable to find any record of abandonment of Augusta Street or any conveyances purporting to convey any parts of Augusta Street." This coupled logically with all the other related information we all have in our files should resolve the ownership issue. Second, we agree with the 3`d party engineering report performed by Mr. R.J. Kennedy, Professional Engineer and the -fact that both sides of the ditch are "sloughing at the toe-of-slope" evidencing that this is a regional problem associated with the ditch morphology and groundwater dynamics. We also concur that the Kymalainen roof drains are CURRENTLY causing "wash outs at the point of discharge along the northern top-of-banK' as described by Mr. Kennedy. We concur that this point source erosion MAY contribute to the immediate groundwater dynamic and exacerbate the sloughing, but this would be contrary to the referenced sloughing on both sides of the ditch and thus be considered negligible. To further this item the owner believes the roof drains were constructed as exfiltration and did not directly discharge to the ditch before the bank sloughed away toward, and met the pipe erid. We also concur that the Kymanainen septic drain field MAY contribute to the immediate groundwater dynamic and exacerbate the sloughing, but again this would be contrary to the referenced sloughing on both sides of the ditch and thus be considered negligible. Also this septic drain field was constructed and approved by SLC at the time with a 7.5' setback distance between the drain field and the ditch top-of-bank. This separation is now zero, and some sanitary facilities are exposed. Without legal, representation at the moment the Kymalainen's agree to re-route the roof drains toward the Sunrise Blvd roadside community stormwater system with their own finances, however they are requesting SLC to fix the ditch appropriately and to compensate them for the engineering and consulting services SLC caused them to obtain by refuting responsibility for the lands and public safety. Please reply and let us know what plan of action SLC will be taking. We humbly request a reply within 15 business days so that this issue may be resolved expeditiously. Thank you very much. Sincerely, Tim Maslin Project Manager ~ MBV Engineering, Inc. 1835 20th Street ~ Vero Beach, Florida 32960 P: 772.569.0035 x 1 U9 ~ F: 772.778.3617 TiI~nMC'mbvena.com .~ r~rs~~~°~anr~nt~~t zA£ #rrrai~~r~# inG. f `~'` ~fti~Aa~ Eilti'piZSi.~C~'~t2 14~", t ''~ r ~ f ~'~ ~. ~, ~ . ,,fir""' .- ,~ Please Note: Florida has very broad public records laws. Most written communications io or from County officials regarding County business are public records available to the public and media upon request. It is fhe policy of St. Lucie County that all County records shall be open for personal inspection, examination and ; or copying. Your a-mail communications will be subject to public disclosure unless an exemption applies to the cornrnunication. If you received this email in error, please notify the sender by reply e-mail and delete ail materials from all computers. 130ARD OF COUNTY • ~ COMMISSIONERS Heother Young Katherine Dovis [larbieri Heother Smith October 18, 2011 Mr. Tim Marlin Project Manager MBV Engineering, Inc. 1835 20`" Street Vero Beach, Florida 32960 RE: Merritt Ditch Title Search Results Dear Mr. Marlin: COUNTY ATTORNEY Daniel 5. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY Your email of October 11, 2011 to County Engineer Michael Powley was referred to this office for response. Upon receipt of your email from Mr. Powley, I forwarded your email to Frank Fee, III, Esquire, who examined title to the Merritt Ditch at the request of the County. I am enclosing Mr. Fee's October 12 response. As set out in the response, Mr. Fee does not agree with the assertion that the County owns Merritt Ditch. Mr. Fee believes that the County would need to acquire a drainage easement before the County would have the legal right to maintain the Ditch. Please note that the County Engineer is scheduled to discuss the "Merritt Ditch Drainage Report" prepared by Engineering Design and Construction, Inc. at the Board of County Commissioners' informal meeting on November 8, 2011. The meeting begins at 9:00 a.m Sincerely Daniel S. Mc County Atto DSM/caf Enclosure Copy to: County Administrator Public Works Director County Engineer COUnty $UNeyor Property Acquisition Manager F. Fee, III, Esq. (w/out enclosure) I•. ~~ , 1..... ... h:.i OCT 2 ~ ZOi1 ,,, a, CHRIS DZADOVSKY Drsrncr No. 1 TCD MO'J/ERY Dis•r.cr No. 2 PAULA A LE',UIS Disrr,cr No. 3 FRAPJN!E HI.TCHINSON DisTr:cr Ne CHRIS CRAFT D~srncr No County Aor^.i~srro'or - Fave a'. C±urlav: PAPA 2300 Virginia Avenue Fr. Pierce. FL 34982-5652 Phone (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 Daniel Mdntyre From: Frank Fee <ffee@feederossfee.com> Sent: Wednesday, October 12, 2011 10:43 AM To: Daniel McIntyre Ce JoAnn Riley Subject: RE: Merritt Ditch Title Search Results Dan I have reviewed the letter sent to Mike Powley from Engineer Tim Maslin representing the Owner's adjacent to the Merritt Ditch. I don't agree-with its assertion the County owns the ditch. It seems to me, the County can abandon the road right-of-way, assuming the early plat evidences a dedication (easement only) for a road. Upon abandonment, the title vests in the adjacent owners so the result is the same. A drainage ditch right-of-way needs to be obtained from the adjacent owners in order for the County to acquire the con-ect interest. Speedy Frank H. Fee, III, Esq. Fee, DeRoss & Fee, P.L. PoppeN House A Designated Historic Property 426 Avenue A Fort Pierce, Florida 34950 Telephone: (772) 461-5020 Telecopier: (772) 468-8461 email: ffeeCu~feederossfee.com From: Daniel Mdntyre [mailto:mcintyred@stlucieco.org] Sent: Tue 10/11/2011 12:01 PM To: Frank Fee Cc: JoAnn Riley Subject: FW: Merritt Ditch Title Search Results From: Linda Buchanan On Behalf Of Michael Powley Sent: Tuesday, October 11, 201110:40 AM To: Craig Hauschild; Daniel McIntyre; Don West Subject: FW: Merritt Ditch Title Search Results FYI ,. From: Tim [mailto:timm@mbveng.comj Sent: Tuesday, October 11, 201110:36 AM To: Michael Powley Cc: 'Aaron Bowles' Subject: RE: Merritt Ditch Title Search Results Dear Mr. Powley: i ~ s Item No. 3 ,~ TCERDA Treasure Coast Education, Research and Development Authority 2199 South Rock Roa d, Fort Pierce, FL 34945 (772) 467-3107 ofc, www.fcerda.orq October 17, 2011 Ben D. DeVries, CRE FRICS CEO & Executive Director Commissioner Chris Dzadovsky TCERDA BOARD St. Lucie County Board of County Commissioners 2300 Virginia Avenue Jose Farinos, Chair Fort Pierce, FL 34982 Indian River State College Dear Commissioner Dzadovsky: Dr. Kathleen McGinn, Vice Chair St. Lucie County School District ~ In response to St. Lucie County's emergency budget reductions, TCERDA's 2011-2012 General Fund Operations Budget was reduced from $109,875 to $9,875 and the Jai Alai Hoyt C. "Pat" Murphy, Jr. gaming revenue was re-designated from tenant recruitment/marketing support to funding Board Secretary and Treasurer TCERDA's operations. Hoyt C. Murphy Inc. To date, Jai Alai revenues have been paid through May 2010. Assuming 2010 gaming Mike Adams revenues of $51,300 and if all arrears and current funds due through September 2012 are Adams Ranch paid in full, Jai Alai gaming revenues of $113,400 are anticipated in the current fiscal year. Jane Bachelor University of Florida Historically, collection of the Jai Alai gaming revenue has been sporadic. Additionally, the timing of future payments is unpredictable, making the operation of TCERDA dependent Kevin Heinicka upon a highly undependable funding source. University of Florida At the October 13, 2011 TCERDA BOD meeting, the Board unanimously agreed this Stefan K. Matthes, P.E. funding model is not sustainable. -The Authority is unable to plan activities to recruit Culpepper and Terpening, Inc. potential tenants needed to bring the vision of this Research Park to fruition. Lack of a stable funding source will undermine our ability to attract prospects that seek a reliable Erik Melville financially-strong partner. Raymond James & Associates, Inc. We share with the leadership of'the County the enthusiasm about the purpose and future Travis E. Murphy, Jr. outcomes of this Park, but sound business planning requires that TCERDA and St. Lucie River Country Management . County secure a more reliable funding source for the coming year. Treasure Coast Agricultural Research Foundation, Inc Therefore, in order to achieve our stated goals, we would like to request that the St. Lucie County Board of County Commissioners advance the anticipated $113,400 into TCERDA's Dr. Peter Stoffella University of Florida gaming revenue account pending ultimate collection of the Jai Alai receivable by the County Attorney s office. TCERDA LIAISONS On behalf of the TCERDA, I ask your consideration of this request at the November 8, Commissioner Frannie Hutchinson 2011 BOCC Informal Meeting. St. Lucie County BOCC Sincerely, Councilwoman Shannon Martin d-scc~~la~ City of Port St. Lucie Commissioner Tom Perona Jose Farinos, Chairman City of Fort Pierce TCERDA Board c: Faye W. Outlaw, County Administrator Heather Young, Assistant County Attomey Item No. 5 ~ ft,(`' DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 PATRICK HAYES Commissioner, District 3 SARAH HEARD Commissioner, District 4 EDWARD CIAMPI Commissioner, District 5 TARYN KRYZDA, CPM County Administrator STEPHEN FRY County Attorney TELEPHONE 772-288-5434 WEB ADDRESS http://www.martin.fl.us ~~~~~~~ ~ MARTIN C AUNTY ~;. ~~,, U ~ ~ ~~~ BOARD OF COUNTY COMMISSIONERS ~°~ /~~C ~ ' 2401 S.E. MONTEREY ROAD • STUART, FL 34996 ~ U1 ~ ~,`~ October 19, 2011 .Telephone 772-288-5795 Fax 772-288-5955 Email= jmeinard@martin.fl.us Faye W. Outlaw County Administrator St. Lucie County 2300 Virginia Ave Fort Pierce, FL 34982 RE: St. Lucie Inlet Advisory Committee Dear Ms. O~w, ~~ The Martin County Board of County Commissioners (BOCC) is creating the St. Lucie Inlet Advisory Committee whose objective is to review management and funding strategies for the St. Lucie Inlet and to make recommendations to the BOCC. This committee will operate under the Sunshine Law and Martin County Engineering staff will facilitate the work of the committee. It is anticipated that this committee will meet four to six times per year beginning in December 2011 or January 2012. A sunset date (disbanding of the committee) has not been established but it is expected to terminate when its recommendations are complete. The Board has suggested the following entities be represented on the committee: BOCC, Town of Jupiter Island, Town of Sewall's Point, St Lucie County, City of Port St. Lucie, Hutchinson Island Group, Sailfish Point POA, Marine Industries, Florida Oceanographic Society, Florida Inland Navigation District, Florida Department of Environmental Protection, Hobe Sound National Wildlife Refuge and US Army Corps (ex officio). Martin County's representative is Commissioner Patrick Hayes. The representative from your entity may be an elected or non-elected person of your choice. Please advise if your organization will appoint a member to the committee, and if so please submit the name of your representative and an alternate and their contact information. Responses and questions can be directed to Kathy Fitzpatrick, Martin County Coastal Engineer, at 772-288-5429 or by email at kfitzpat(c~martin.fl.us . Sincerely, OCT 2 ~ 2011 Taryn Kryzda County Administrator eng2012L36.docx / ti