HomeMy WebLinkAboutMarch 6, 2012 Agenda PacketIf
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
BACKGROUND:
RECOMMENDATION:
COMMISSION ACTION:
(�Q APPROVED [ ] DENIED
[ ] OTHER:
Approved 5.0
County Attorney
ITEM NO. IV -A
DATE: March 6, 2012
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No.12-043 -. Honoring Dorothy J. Conrad for 46 years of
Outstanding Service in St. Lucie County, Florida.
It has been requested that this Board honor Ms. Dorothy J. Conrad
for 46 years of outstanding service in St. Lucie County, Florida. The
attached Resolution No. 12-043 has been drafted for that purpose.
Staff recommends thatthe Board adoptthe attached Resolution No.
12-043 as drafted.
Review and Approvals
[l County X Attorney:
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. IV-B
DATE: March 6, 2012
REGULAR[x]
PUBLIC HEARING[ ]
CONSENT [ ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 12-026 - Honoring Sheila Santiago for her charitable
work for underprivileged children at Lincoln Park Community Center
in St. Lucie County, Florida
BACKGROUND: It has been requested that this Board honor Ms. Sheila Santiago for
her generous contributions to St. Lucie County. The attached
Resolution No. 12-026 has been drafted for that purpose.
RECOMMENDATION: Staff recommendsthat the Board adoptthe attached Resolution No.
12-026 as drafted.
COMMISSION ACTION: CONCURRENCE:
[Xj APPROVED [ ] DENIED
[ ] OTHER:
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney:
�'
Daniel S. McIntyre
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
`ADDITION
ITEM NO. IV-C
DATE: March 6, 2012
REGULAR [x ]
PUBLIC HEARING [ I
CONSENT [ I
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 12-048 - celebrating 100 years of Girl Scouting and
proclaiming the year 2012 as "THE YEAR OF THE GIRL" in St. Lucie
County, Florida.
BACKGROUND: Jasmine Etienne, Marketing and Product Sales Manager with Girl
Scouts of Southeast Florida, has requested that this Board proclaim
the year 2012 as "THE YEAR OF THE GIRL" in St. Lucie County,
Florida. The attached Resolution No. 12-048 has been drafted for
that purpose.
RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No.
12-048 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED _
[ ]OTHER:
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
X Count Attorney:
[] Y Y
Daniel S. McIntyre
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. VI-B-1
DATE: March 6, 2012
REGULAR[ ]
PUBLIC HEARING ( ]
CONSENT [ x ]
PRESENTED BY:
Katherine Barbieri
Assistant County Attorney
SUBJECT: Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie
County Code of Ordinances and Compiled Laws, to repair or demolish the
Unsafe Structures at 4955 S. Indian River Drive, Fort Pierce.
BACKGROUND: See attached memorandum CA 12-0184
FUNDS AVAILABLE: Other Contractual Services, Acct. No. 102-2415-534000-200
PREVIOUS ACTION: After inspection, the Building Official declared the structures unsafe and a
public nuisance on November 7, 2011.
RECOMMENDATION
CONCLUSION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County
Code of Ordinances and Compiled Laws, staff recommends that the Board
declare the structures located at 4955 S. Indian River Drive, Fort Pierce,
Florida to be unsafe and that the Board hold a public hearing on May 1, 2012
at 6:00 pm or as soon thereafter as possible to take such further action as
is appropriate under Article III of Chapter 2-5 of the Code.
COMMISSION ACTION: CONCURRENCE:
N APPROVED [ ] DENIED __
[ ] OTHER:
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals ,
[X] County Attorney:
Daniel S. McIntyre
[X] Code Compliance Manager
ML
Robin Meyer
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[� APPROVED [ ] DENIED
[ ] OTHER:
Approved 5.0
County Attorney
ITEM NO. VI-B.2
DATE: Mrch 6, 2012
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Resolution No. 12-035 - Brocksmith Road Maintenance
Improvement Project
See attached memorandum
Staff recommends that the Board approve Resolution No. 12-035
as drafted and authorize the Chairman to sign the Resolution.
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: ! Management & Budget Purchasing:
Daniel S. McIntyre
Originating Dept. Public Works Dir.: ACA. County Eng.:
Don st
Finance: (Check for copy only, if applicable) Eff. 5/96
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT):
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
County Attorney
ITEM NO. VI-13.3
DATE: March 6, 2012
REGULAR []
PUBLIC HEARING []
CONSENT [XXJ
PRESENTED BY:
Daniel S. McIntyre
CountyAttorney
Amended -and Restated Escrow Agreement - Allied New
Technologies
See attached memorandum
RECOMMENDATION: Staff recommends that the Board approve the Amended and
Restated Escrow Agreement and authorize the Chairman to sign
the Amended and Restated Agreement.
COMMISSION ACTION:
[ APPROVED [ ] DENIED
(] OTHER:
Approved 5.0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals / Q_
County Attorney: Management & Budget Env. Resources Dir.:
Daniel S. McIntyre nWW Karen Smith
Originating Dept, County Surveyor: /� County Eng.:
Ron Harris
Finance: (Check for copy only, if applicable) Eff. 5/96
ITEM NO. VI-C1
DATE: 03/06/2012
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: tJ�
Charlotte Lombard
SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinator
SUBJECT: Florida Boating Improvement Grant Acceptance
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001449-5210-534000-500
PREVIOUS ACTION: n/a
RECOMMENDATION: Board acceptance of the Florida Boating Improvement Grant, approval of Budget
Resolution No 12-044 ($62,997) and approval to enter into Interlocal Agreements
with the City of Fort Pierce and the City of Port St. Lucie.
COMMISSION ACTION:
(� APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
County Attorney ( )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
D. Mcl ntyre/K.IrcrrMri
Originating Dept. ( )
M.Sa erlee/Clombardl
ERD
Gouin
P.Marston
n/a
ITEM NO. VI-C2
AGENDA REQUEST
DATE: 03/06/2012
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Charlotte Lombard
SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinato
SUBJECT: Interlocal Agreement — City of Port St. Lucie
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 611-5210-548010-500
PREVIOUS ACTION: n/a
RECOMMENDATION: Board approval to enter into an Interlocal Agreement with the City of Port St. Lucie
to contribute $5,000 from tourist development tax revenue towards the Port St.
Lucie Civic Center's marketing efforts and authorize the Chairman to sign the
Interlocal Agreement as drafted by the County Attorney.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst
D.Mclntyre/tf:'B�r Uri
Originating Dept. ( ) e r;
M.Satterlee/Clombard t
ERD ( )
`�-
M.Gouin
P.Marston
n/a
ITEM NO. VI-C3
DATE: 03/06/12
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 Dept. — Business & Concurrency N anager
Business & Concurrency Division
SUBJECT: 2012/2013 Federal Legislative Issues and Requests
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: February 14, 2012 informal meeting - The Board reviewed Federal Legislative
Issues and Requests for 2012/2013 as provided by our Federal Lobbyist, Greg
Burns, with Van Scoyoc Associates in working with staff. Board recommendations
are outlined in the attached memorandum.
RECOMMENDATION: Board authorization to submit Federal Legislative Issues and Requests to
members of the Florida Congressional Delegation 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)Dsn
Daniel S. McIntyre
Originating Dept. (X )
ME
Mark Satterlee
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Public Works/Engineering Division
SUBJECT: Gazzara Retail Building
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
ITEM NO. VI-D1
DATE: 3/6/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
PRESENTED BY:
Michael Powley, P.E. r
County Engineer Alp
PREVIOUS ACTION: August 18, 2010 - County Administrator approved Road Improvement Agreement
RECOMMENDATION: Board approval of the conditional acceptance of the off -site improvements and
Maintenance Agreement, release of surety in the amount of $83,437.11 and
authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION:
(�) APPROVED
( ) OTHER
County Attorney ( x )
( ) DENIED
Approved 5.0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
Finance
Daniel McIntyre
Originating Dept. ( x) .
Don Id West
Road/Bridge ( x )
qn Pauley
gazzara conditional acceptance release of surety.ag
County Engineer
County Surveyor
(x)
Shai Frances
(x) ANP
Michael Powley
(x) Alfa
Ronald Harris
AGENDA REQUEST
ITEM NO. VI —DX
DATE: 03/06/2012
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Donald B. West f,
SUBMITTED BY: Public Works - Administration Public Works Director
SUBJECT: Kings Highway Project - Transportation Regional Incentive Program
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Funds will be available in account 318-4113-563000-4176, County Capital —
Transportation Bond
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of Locally Funded Agreement with FDOT in the amount of
$1,285,000 for Kings Highway Project and Resolution No. 12-040 as outlined in
the agenda memorandum and authorization for the Chairman to sign documents
as approved by the County Attorney.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (X) OMB Director (X)
Budget Analyst
Dan McIntyre Marie Gouin
Originating Dept. ( X ) _ __ _ _ .
Don d B. West
ERD _ _ ( )
Karen L. Smith
ITEM NO. VI — E
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Housing and Community Services/Library
SUBJECT: Friends of the Library Donations
DATE: 3/06/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY:
Susan Jacob y
Library Manager 1
BACKGROUND: The 2011 Friends of the Library Annual Dinner Meeting generated donations
totaling $5,000. The money was specifically raised to assist the Library in building
its circulating E-Book collection.
FUNDS AVAILABLE: 001-7110-366900-715 Friends of The SLC Library
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the Memorandum of Understanding, Budget Resolution 12-038,
Position Request 12-002 and acceptance of the donations, as outlined in the
agenda memorandum and authorization for the Chairman to sign documents
as approved by the County Attorney.
COMMISSION ACTION:
(xj APPROVED ( ) DENIED
( ) OTHER
CONCURRENCE:
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) �- OMB Director ( )
Budget Analyst
Daniel S. McIntyre Marie Gouin
Sophia Holt
Originating Dept.
Beth Ryder
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Housing and Community Services/Housing
SUBJECT: Award of Invitations to Bid (ITB) 5 and 6
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001519-5420-583000-500 CDBG 08 DRI TS Fay
185012-5420-583000-500 SHIP 10/11
001448-5420-583000-500 RCMP
PREVIOUS ACTION: N/A
ITEM NO. VI-E'2
DATE: 03/06/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
PRESENTED BY:
Diana Wesloski ,))
Housing Manager
RECOMMENDATION: Board approval of bid awards as outlined in agenda memorandum for one
demolition/replacement and one rehabilitation project ITB #5 and ITB #6 funded
under the Community Development Block Grant Tropical Storm Fay, State
Housing Initiative Program (SHIP) and the Residential Construction Mitigation
Program (RCMP) and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
O APPROVED ( ) DENIED
( ) OTHER
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County ( ) OMB Director ( )
Attorney Budget Analyst Cr
Daniel S. McIntyre Marie Gouin
Sophia Holt
Originating
Dept.c-�
Beth Ryder
AGENDA REQUEST
ITEM NO.
DATE:
REGULAR
VIES
316/2012
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT M
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Wesloski
SUBMITTED BY: Housing and Community Services/Housing Housing Manager
SUBJECT: State Housing Initiative Partnership (SHIP) Emergency Rehabilitation Mortgage
Settlement
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to settle an Emergency Repair SHIP Mortgage for less than
the owed, amount and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
(k) APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
County Attorney ( )
Originating Dept. ( )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
L Budget Analyst
Daniel S. McIntyre
a 9-
Beth Ryder
O
Marie Gouin
Sophia Holt
To:
SUBMITTED_ BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Housing and Community Services
Neighborhood Stabilization Program 1
Approval to enter into Contract
See attached memorandum.
001512-5420-549605-500 NSP1
ITEM NO. VI-E4
DATE: 03/06/12
REGULAR. ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( }
CONSENT (X)
PRESENTED BY:
Diana Wesloski
Housing Manager
March 10, 2009 — Permission to apply for NSP1 grant.
August 11, 2009 —Acceptance of NSP1 grant.
December 6, 2011 —Award of RFQ No. 11-044 Construction Contractor Pre-
Ctualification
RECOMMENDATION: Board approval to enter into contract for construction of two new homes under the
St. Lucie County NSP1 Grant as outlined in the agenda memorandum and
authorization for the Chairman to sign .documents as approved by the County
Attorney.
COMMISSION ACTION:
APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst
g y
Daniel S. McIntyre
Originating Dept.
Beth Ryder
Marie Gouin
Sophia Halt
I
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Housing and Community Services/Housing
Division .
ITEM NO. VI-E 5
DATE: 03/06/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
PRESENTED BY:
Diana Wesloski 0111
Housing Manager
Community Development Block Grant (CDBG) Disaster Recovery Enhancement
Fund (DREF) and Budget Resolution 12-042
See attached memorandum.
FUNDS AVAILABLE: 001544-5420-331510-500 — CDBG Disaster Recovery Enhancement Fund
(DREF)
PREVIOUS ACTION: June 27, 2011 —Approval to submit application.
September 20, 2011 — Board approval of Interlocal Agreements with the City of
Port St. Lucie.
November 1, 2011 — Board approval of Interlocal Agreements with the City of Fort
Pierce.
RECOMMENDATION: Board acceptance of the CDBG program FY 2012 DREF contract as outlined in
the agenda memorandum; approval of Budget Resolution 12-042, approval of
Capital Project #12-031, and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
(>c) APPROVED ( ) DENIED
( ) OTHER
Approved 5.0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director ( )
Budget Analyst MM 4Y4
Daniel S. McIntyre Marie Gouin
Sophia Holt
Originating Dept. ( )
Beth Ryder
AGENDA REQUEST
ITEM NO. VI-F
DATE: 3/6/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Guy D. Medor
SUBMITTED BY: Parks, Recreation & Facilities Parks Manager -North Division
SUBJECT: Digital Domain Park — Facility Use Agreement with Aegis Communications Group
Inc.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the Facility Use Agreement between St. Lucie County, Sterling
Facility Services, LLC, and Aegis Communications Group, Inc., and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
Approved 5.0
Coordination/Signatures
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
OMB Director
County Attorney ( X ) Budget Analyst
Daniel McIntyre
Originating Dept. (X) Purchasing
Lee Ann Lowery
Marie Gouin
Melissa Simberlund
AGENDA REQUEST
ITEM NO. VI-G
DATE: 03/06/12
REGULAR ( ).
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT M
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Daniel J. Lutzke
SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M ager
SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for January, 2012.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number
CZN000010587 for HIV medications for the FY-2012 period of January 01,
2012 through January 31, 2012, in the amount of $48,459.32.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( OTHER
Approved 5.0
Coordination/Signatures
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
County Attorney ( X) OMB Director (X) J
Budget Analyst
(Daniel S. McIntyre) (Marie Gouin)
Originating Dept. ( X ) ERD ( )
illiam Hoeffner)
(Name)
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Public Works/Engineering Division
SUBJECT: Capron Trails Mine
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
ITEM NO. VII-A
DATE: 3/6/12
REGULAR ( )
PUBLIC HEARING (X )
LEG. ( )
QUASI -JD ( )
CONSENT
PRESENTED BY:
Michael Powley, P.E.
County Engineer ri rip
PREVIOUS ACTION: February 14, 2012 - BOCC approved scheduling a Public Hearing.
RECOMMENDATION: Board approval of the Capron Trails mine request to increase their hours of operation to
allow night hauling in support of the adjacent 1-95 Widening Project only, as outlined in the
attached memorandum.
COMMISSION ACTION: CONCURRENCE:
( APPROVED ( ) DENIED
( ) OTHER -�
Faye W. Outlaw, MPA
County Administrator
Approved 5.0 Coordination/Signatures A
County Attorney (x) d County Engineer ( x) gy4 kit
Daniel McIntyre Mi hael Powley
Originating Dept. ( x ) kA
.
Don d West
Capron Trails Mine request PH.ag
TO:
SUBMITTED BY:
SUBJECT-:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
AGENDA REQUEST
ITEM NO. VII-B
DATE: 3106/12
REGULAR ( )
PUBLIC HEARING (X )
LEG. ( )
QUASI -JD (X )
CONSENT ( )
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Waite, AICP
Planning and Development Services Senior Planner
Guettler Borrow Pit - Major Adjustment to an Approved Conditional Use Permit
See attached memorandum.
N/A
August 9, 2007 — A minor adjustment was granted to change the applicant's name.
June 6, 2006 — Board of County Commissioners approved the Conditional Use
Permit and a Class 1 Mining Permit.
RECOMMENDATION: Board adoption of Draft Resolution No.12-012, granting a Major Adjustment to an
Approved Conditional Use Permit known as Guettler Borrow Pit, as outlined in the
attached memorandum.
COMMISSION ACTION: CONCURRENCE:
(><) APPROVED ( ) DENIED
( ) OTHER
Approved 4.0 Comm. Faye W. Outlaw, MPA
Hutchinson Abstained from
County Administrator
voting. Coordination/Signatures
County Attorney ( X) County Surveyor ( X) /T1711
Dani I S. McIntyre Ron Harris
County Engineer (X)ERD (X)
Michael Powley '"Karen6iniffi
Originating Dept. (X) _ OMB ( )
a Satterlee Marie Gouin
Purchasing ( )
Melissa Simberlund
AGENDA REQUEST
ITEM NO. VII-C
DATE: 3/6/12
REGULAR ( )
PUBLIC HEARING ( X )
LEG. ( )
QUASI -JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Powley, P.E.
SUBMITTED BY: Public Works/Engineering Division County Engineer AWP-
SUBJECT: Guettler Borrow Pit Class II Mining Permit Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the Guettler Borrow Pit Class II Mining Permit.
COMMISSION ACTION: CONCURRENCE:
(�4 APPROVED ( ) DENIED
( ) OTHER -----=-��
Approved 4.0 Comm. Faye W. Outlaw, MPA
pp County Administrator
Hutchinson Abstained from
voting. Coordination/Signatures
County Attorney ( x )
Environmental
Daniel McIntyre Services Director
Originating Dept. ( x) k3k.
Do ald West
Planning & Dev.
Services Dir. ( x)
Mark Satterlee
Guettler mine PH.ag
County Engineer
Karen Smith
Michael Powley
TO`: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
'RECOMMENDATION:
COMMISSION ACTION:
AGENDA REQUEST
ITEM NO. VII-D
DATE: March 6, 2012
REGULAR[]
PUBLIC HEARING
Leg. [ ] Quasi -JD [X]
CONSENT []
PRESENTED BY:
JoAnn Riley
Property Acquisition Manager
Petition for Abandonment
Petition to abandon a Plat known as St. Lucie Landings recorded in Plat
Book 55, Page 10, St Lucie County
Resolution No. 12-039
See attached Memorandum
N/A
February 7, 2012 - Permission to Advertise Public Hearing
Staff recommends the Board approve Resolution No. 12-039, instruct staff
to publish the Final Notice of Abandonment, record Resolution No. 12-039,
Proof of Publication of the Notice of Intent to Abandon, proof of Publication
of the Notice of Public Hearing, Proof of Publication of the Notice of
Abandonment in the Public Records of St. Lucie County.
CONCURRENCE:
[.APPROVED [ ] DENIED
[) OTHER
Approved 5.0
Review and Approvals
[x] County Attorney: tk [x] Road and Bridge
Dan McIntyre Don Pauley
[x] Originating Dept: [x] Engineering: Mi
JoAnn Riley Mike Powley
Faye W. Outlaw, MPA
County Administrator
[x] Public Works:
Don West
[x] County Surveyor: ./&
Ron Harris
ITEM NO. VII-E
DATE: 3106/12
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING (X)
LEG. ( 1
QUASI -JD (X)
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Waite QA�)
SUBMITTED BY: Planning and Development Services Senior Planner
SUBJECT: Public Facilities and Services — Land Development Code Text Amendment
BACKGROUND: See attached memorandum.
i
i FUNDS AVAILABLE: N/A
PREVIOUS ACTION: February 16, 2012 - Planning and Zoning Commission recommended by a vote of
7-0 that the Board approve Ordinance 12-009.
i
RECOMMENDATION: Board authorization to schedule the second required public hearing for the Public
Facilities and Services Ordinance 12-009 on March 20, 2012 at 9 am, or as soon
thereafter as possible.
COMMISSION ACTION: CONCURRENCE:
O APPROVED ( ) DENIED
OTHER
Faye W. Outlaw, MPA
Approved 5-o County Administrator
Coordination/Slanatures
County Attorney (X) County Surveyor X
)
Daniel S. McIntyre Ron Harris
County Engineer (X) MVP ERD ( X )ct"VA
Michael Powley 7'1,—Karef&ith
Originating Dept. (X) ( )
Mark Satterlee Marie Gouin
Purchasing ( )
Melissa Simberlund
111111111{IIII'11111111i11111111111111N1i1ell'if IIIIIIIIII'lilllllllll'llllllllllihllillllll'lllllllllllllllllill'llllllllllllll'lllllllllllllllilliflllilllflllllllilllllllllilllllllflill(tlli(Ilillllllllllllllllll
March 6, 2012
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
;REVISED 3/2/2Q1?
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 Rrior 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.
March 6, 2012
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
www.co.st•lucie.fl.us
www.stlucieco.org
IIIti111fI�11111111i111111i11111111111111111fII11111II111111N�1t'I'lllllllli(ttlllltll'lllllllillll'llll'111111111111111I1111(IIIII'llllllllll'1I1111111TIllllt11111111111111111'IIIII'lllllllllilll'llllllll�lll'illllllll
Chris Dzadovsky, Chairman District No.1
Tod Mowery, Vice Chairman District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
Chris Craft District No. 5
Illi'llllilliltlllllllllfl'lli�l)!Illtllll'tll'illll'lllllill'Ill((1'lllllllllllllllillllfl'llrl'lilt(II'IIIII`f'llll'lllllll'Iflfiill'lllllilfltl�llllllill'lilllllllillli'llilllllillllllll'Ill(lilllilltlll'illlllllilllllllllilll
INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the February 21, 2012 meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 12-043 — Honoring Dorothy J. Conrad for 46 years of Outstanding Service in St.
Lucie County, Florida
Consider staff recommendation to adopt Resolution No.12-043 as drafted.
B. COUNTY ATTORNEY
Resolution 12-026 - Honoring Sheila Santiago for her charitable work for underprivileged children
at Lincoln Park Community Center in St. Lucie County, Florida
Consider staff recommendation to adopt Resolution No.12-026 as drafted.
DDIT-ION, _ �C) COUNTY ATTORNEY
esolution No. 12-048 -,celebrating 100, years of Girl_ Scouting, and proclaiming the year 2012 as
'The Year -of The GIRL" in St Lucie County, Floridaf
Consider;staff.recommendation to.adopt Resolution No;12 048 as drafted.,
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 21 and 22.
B. COUNTY ATTORNEY
1. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of
Ordinances and Complied Laws, to repair or demolish the Unsafe Structures at 4955 S.
Indian River Drive, Fort Pierce.
Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of
Ordinances and Complied Laws, staff recommends that the Board declare the structures
located at 4955 S. Indian River Drive, Fort Pierce, Florida to be unsafe and that the Board
hold a public hearing on May 1, 2012 at 6:00 p.m. or as soon thereafter as possible to
take such further action as is appropriate under Article III of Chapter 2-5 of the Code.
2. Resolution No. 12-035 — Brocksmith Maintenance Improvement Project
Consider staff recommendation to approve Resolution No. 12-035 as drafted and
authorize the Chairman to sign the Resolution.
Amended & Restated Escrow Agreement — Allied New Technologies
Consider staff recommendation to approve the Amended and Restated Escrow
Agreement and authorize the Chairman to sign the Amended and Restated
Agreement.
C. PLANNING & DEVELOPMENT SERVICES
Business & Concurrency Management/Tourism
1. Florida Boating Improvement Grant Acceptance
Consider staff recommendation to accept the Florida Boating Improvement Grant,
approval of Budget Resolution No 12-044 ($62,997) and approval to enter into Interlocal
Agreements with the City of Fort Pierce and the City of Port St. Lucie.
2. Interlocal Agreement — City of Port St. Lucie
Consider staff recommendation to approve to enter into an Interlocal Agreement with the
City of Port St. Lucie to contribute $5,000 from tourist development tax revenue towards
the Port St. Lucie Civic Center's marketing efforts and authorize the Chairman to sign the
Interlocal Agreement as drafted by the County Attorney.
Business & Concurrency Management
3. 2012/2013 Federal Legislative Issues and Requests
Consider staff recommendation to authorize to submit Federal Legislative Issues and
Requests to members of the Florida Congressional Delegation as outlined in the attached
memorandum.
D. PUBLIC WORKS
Engineering Division:
1. Gazzara Retail Building
Consider staff recommendation to approve the conditional acceptance of the off -site
improvements and Maintenance Agreement, release of surety in the amount of
$83,437.11 and authorization for the Chairman to sign documents as approved by the
County Attorney.
D. PUBLIC WORKS CONTINUED
Administration:
2. Kings Highway Project — Transportation Regional Incentive Program
Consider staff recommendation to approve of Locally Funded Agreement with FDOT in
the amount of $1,285,000 for Kings Highway Project and Resolution No. 12-040 as
outlined in the agenda memorandum and authorization for the Chairman to sign
documents as approved by the County Attorney.
E. HOUSING & COMMUNITY SERVICES
Library Division:
1. Friends of the Library Donations
Consider staff recommendation to approve the Memorandum of Understanding, Budget
Resolution No. 12-038, Position Request 12-002 and acceptance of the donations, as
outlined in the agenda memorandum and authorize the Chairman to sign documents as
approved by the County Attorney.
Housing Division:
2. Award of Invitations to Bid (ITB) 5 and 6
Consider staff recommendation for approval of bid awards for one demolition/replacement
and one rehabilitation project ITB #5 and ITB #6 funded under the Community
Development Block Grant Tropical Storm Fay, State Housing Initiative Program (SHIP)
and the Residential Construction Mitigation Program (RCMP) and authorize the Chairman
to sign the documents as approved by the County Attorney.
3. State Housing Initiative Partnership (SHIP) Emergency Rehabilitation Mortgage
Settlement
Consider staff recommendation to authorize to settle an Emergency Repair SHIP
Mortgage for less than the owed amount and authorization for the Chairman to sign
documents as approved by the County Attorney.
Neighborhood Stabilization Program 1— Approval to enter into Contract
Consider staff recommendation to approve to enter into contract for construction of two
new homes under the St. Lucie County NSP1 Grant and authorize the Chairman to sign
documents as approved by the County Attorney.
Community Development Block Grant (CDBG) Disaster Recovery Enhancement Fund
(DREF) and Budget Resolution 12-042
Consider staff recommendation to accept the CDBG program FY 2012 DREF contract as
outlined in the agenda memorandum; approval of Budget Resolution 12-042, approval of
Capital Project #12-031, and authorization for the Chairman to sign documents as
approved by the County Attorney.
F. PARKS & RECREATION SERVICES
Digital Domain Park — Facility Use Agreement with Aegis Communications Group Inc.
Consider staff recommendation to approve the Facility Use Agreement between St. Lucie County,
Sterling Facility Services, LLC, and Aegis Communications Group, Inc., and authorization for the
Chairman to sign documents as approved by the Attorney.
G. HUMAN RESOURCES
CORIZON Health, Inc. Inmate HIV Medications Invoice for January, 2012.
Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number
CZN000010587 for HIV medications for the FY-2012 period of January 01, 2012 through January
31, 2012, in the amount of $48,459.32.
VII. PUBLIC HEARINGS
A. PUBLIC WORKS
Capron Trails Mine
Consider staff recommendation to approve the Capron Trails mine request to increase their hours
of operation to allow night hauling in support of the adjacent 1-95 Widening Project only, as
outlined.
B. PLANNING & DEVELOPMENT SERVICES
Guettler Borrow Pit — Major Adjustment to an Approved Conditional Use Permit
Consider staff recommendation to adopt Draft Resolution No.12-012, granting a Major Adjustment
to an Approved Conditional Use Permit known as Guettler Borrow Pit, as outlined in the
memorandum.
C. PUBLIC WORKS
Guettler Borrow Pit Class II Mining Permit Application
Consider staff recommendation to approve the Guettler Borrow Pit Class II Mining Permit.
D. COUNTY ATTORNEY
Petition for Abandonment — Petition to abandon a Plat known as St. Lucie Landings recorded in
Plat Book 55, Page 10, St. Lucie County — Resolution No.12-039
Consider staff recommendation to approve Resolution No.12-039, instruct staff to publish the Final
Notice of Abandonment, record Resolution No. 12-039, Proof of Publication of the Notice of Intent
to Abandon, proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice
of Abandonment in the Public Records of St. Lucie County.
E. PLANNING & DEVELOPMENT SERVICES
Public Facilities and Services — Land Development Code Text Amendment
Consider staff recommendation to approve authorization to schedule the second required public
hearing for the Public Facilities and Services Ordinance 12-009 on March 20, 2012 at 9:00 a.m. or
a soon thereafter as possible.
REGULAR AGENDA
VIII. ANNOUNCEMENTS
The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 13,
2012 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
2. The Board of County Commissioners will hold a Budget Workshop on Tuesday, March 13, 2012 at
10:00 a,m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
3, The New York Mets kick off their Spring Training Season at Digital Domain Park in Port St. Lucie on
Monday, March 5, 2012 vs. Washington Nationals at 6:10 p.m. Home games run through April 3, 2012
with games vs. the Florida Marlins, New York Yankees, St. Louis Cardinals, Houston Astros, Detroit
Tigers and others. For tickets call (772) 871-2115 or visit www.digitaldomainpark.com.
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.
03/02/12
FZABWARR
FUND TITLE
001
001194
001446
001447
001448
001512
001518
001519
001522
001524
001525
001528
001534
001536
001537
001538
001539
001541
101
101001
101002
101003
101004
101006
102
102001
102812
107
107001
107002
107003
107004
107006
ill
112
113
114
116
117
119
120
122
123
126
127
128
129
130109
ST. LUCIE COUNTY - BOARD
WARRANT LIST #22- 25-FEB-2012 TO 02-MAR-2012
FUND SUMMARY
General Fund
U.S. Dept of Housing & Community
EMPA FY12
FTCD Planning Grant Agr FY11-12
Residential Construction Mitigation
Neighborhood Stabilization Program
Section 112/MPO/FHWA/Planning
CDBG FY 200B Disaster Recovery
SRL - 2502 Isso Bella Dr.
SRL - 3768 Wild Orchid Lane
SRL - 3731 Wild Orchid Lane
SRL - 614 Faber Ave.
Metropolitan Planning/Section 5303
FL Energy & Climate Comm
HUD Shelter Plus Care 2010
HUD Neighborhood Stab 3
Safe Routes to School Program
CSBG FY12
Transportation Trust Funct
Transportation Trust Interlocals
Transportation Trust/80o Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park Stormwater Ph 3
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Driver's Ed Safety
F&F Fund -Court Related Technology
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
The Grove Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
Parks MSTU Fund
FTA 5307 Capital and Operating
EXPENSES
2,323,355.04
10.93
3,000.00
220.83
14.71
978.75
2,626.48
53.91
11.61
11.61
26.83
9.47
195.19
20,250.00
25.14
92.76
99.59
262.52
2,360.94
84.47
22,062.83
13,974.05
26,027.74
1,050.00
6,873.40
1,457.05
413.25
3,377,131.45
37,514.78
70.B5
27,518.61
221,100.00
650.72
2,799.31
605.67
230.68
507.40
564.46
140.40
B56.72
177.34
995.44
354.96
124.51
376.57
498.69
38,600.00
151.51
PAGE
PAYROLL
436,267.6E
147.90
0.00
2,013.62
210.72
973.38
8,104.91
742.45
154.13
154.13
359.14
137.00
4,014.61
0.00
340.16
1,235.84
2,111.43
3,707.52
32,640.76
1,237.60
42,357.73
11,867.37
15,825.95
0.00
66,153.18
11,642.22
5,815.09
141,050.27
961.56
961.55
0.00
0.00
8,736.95
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,085.83
1
03/02/12
FZABWARR
FUND TITLE
136
138
139
140
140138
140353
140367
150
160
162
183
183004
183006
165012
189101
189103
189105
189203
190
210
216
310001
316001
401
418
451
458
471
478
479
491
505
505001
611
625
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #22- 25-FEB-2012 TO 02-MAR-2012
FUND SUMMARY
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Palm Grove Fund
Airport Fund
Taxiways A & B Rehabilitation
Taylor Creek New Spoil Site
FDOT Taxiway A & B Rehabilitation
Impact Fee Collections
Plan Maintenance RAD Fund
Tourism Dev-5th Cent
Ct Administrator-19th .judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FHFA SHIP 2010-2011
Home Consortium FY 200B
Home Consortium FY 2010
HUD Housing Counseling Grant
Hardest Hit fund Advisor Services
Sports Complex Fund
Impact Fees I&S
County Capital I&S
Impact Fees -Library
5th Cent Fuel -Capital
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
No County Utility District-Operatin
No Cty Util Dist -Renewal & Replace
No Cty Util Dist -Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
Bank Fund
GRAND TOTAL:
EXPENSES
1,757.72
256.61
755.88
3,690.97
529,604.97
6,600.00
27,873.94
109.68
3,965.78
7,632.08
4,094.64
2,011.74
340.00
9.74
55,231.19
52.14
2.52
50.63
12,887.87
4,3B3.77
13,353.78
57,152.16
264,103.81
105,268.92
B,232.21
11,140.31
48.20
9,984.02
87.92
76.95
1,454.75
963,296.01
15,379.66
7,923.16
28,562.16
204,615.59
8,488,510.65
PAGE 2
PAYROLL
0.00
0.00
0.00
11,472.16
0.00
0.00
0.00
1,523.20
3,110.46
0.00
3,105.65
3,183.42
0.00
138.74
0.00
732.08
35.18
707.54
17,544.01
0.00
0.00
0.00
0.00
49,441.04
15,393.57
4,533.12
665.14
7,141.16
1,213.10
1,045.92
16,877.58
1,190.11
4,929.37
2,450.61
0.00
0.00
948,443.84
J
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ADDITION
ITEM NO. IV-C
DATE: March 6, 2012
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 12-048 -celebrating 100 years of Girl Scouting and
proclaiming the year 2012 as "THE YEAR OF THE GIRL in St. Lucie
County, Florida.
BACKGROUND: Jasmine Etienne, Marketing and Product Sales Manager with Girl
Scouts of Southeast Florida, has requested that this Board proclaim
the year 2012 as "THE YEAR OF THE GIRL" in St. Lucie County,
Florida. The attached Resolution No. 12-048 has been drafted for
that purpose.
RECOMMENDATION:
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Staff recommends that the Board adopt the attached Resolution No.
12-048 as drafted.
Review and Approvals
X Count Attorney:
[] v v
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
RESOLUTION NO.12-048
A RESOLUTION CELEBRATING 100 YEARS OF GIRL SCOUTING AND
PROCLAIMING THE YEAR 2022 AS "THE YEAR OF THE GIRL" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. March 12, 2012 marks the 1001h anniversary of the Girl Scouts of the United States of America,
which began in 1912 when Savannah, Georgia native Juliette "Daisy" Gordon Low gathered 18
girls to provide them the opportunity to develop physically, mentally, and spiritually.
2. For 100 years, Girl Scouting has helped build millions of girls and women of courage, confidence,
and character who act to make the world a better place.
3. The award winning Girl Scout Leadership Program helpsgirls discover themselves and their values,
connect with others, and take action to make the world a better place.
4. The Girl Scout Gold Award, the highest honor in Girl Scouting, requires girls to make a measurable
and sustainable difference in their community, assess a need and design a solution, find the
resources and support to make it happen, complete the project and also inspire others to sustain
it.
S. The Gold Award honors leadership in the Girl Scout tradition, and Gold Award recipients have
already changed the world as high school students.
6. Core programs around Science, Technology, Engineering and Math (STEM), environmental
stewardship, healthy living, financial literacy, and global citizenship help girls develop a solid
foundation in leadership.
7. Since its founding in 2000, the Girl Scout Research Institute has become an internationally
recognized center for original research, research reviews and surveys that provide significant
insights into the lives of girls.
B. Through the dedication, time, and talent of volunteers of different backgrounds, abilities, and
areas of expertise, the Girl Scout Program is brought to many girls in grades K-12 in St. Lucie
County.
9. Today, more than 50 million American women are Girl Scout alumnae, 3.3 million girls and adult
volunteers are active members, and Girl Scouts is the largest member of the World Association
of Girl Guides and Girl Scouts, a global movement comprised of more than 10 million girls in 145
countries worldwide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby applaud the Girls Scouts of the United States of America for their 100
years of leadership and expertise as the voice for and of girls, and proudly proclaim 2012 as the
"YEAR OF THE GIRL" in St. Lucie County, Florida.
ATTEST:
PASSED AND DULY ADOPTED this 6th day of March, 2012.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND CORRECTNESS:
BY:
County Attorney
iti�`i�iiii�t�i��"t�tii�ii�tli`t1i��1$3iiTi�t�ikli�i�t�1'��{iiii�i33➢iti�i�iti�J�i�fl�il�i'!`i�i�i`it�i�i`t�iiit'�i�irt�i[��fi����tiitii{it�i�i�i�i`fiiiii�ii��i#'ii11��3��li�ii�f�I�iii3�i����ii�i�liili�ill�iiYii�tl ii
March 6, 2012
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 r�ior to the listed time. The Chairman will open each public hearing and asks anyone
wishing to speak to come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution.
NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM — Please be respectful of others' opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; 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.
March 6, 2012
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
www.co.st-lucie.fl.us
www.stiucieco.org
.��,� < A..b ,.�.�.,,• •,F� •5z�,, a.,�;... �.�,• �.� ,: x.,.� , ,.mf �.,,�; . }' ' iiat�i�ii�i�iilil;i�i�i$�li�i��l�3ii�iiliiiii�i�[�l�ii�'i�il�i�iilfil'��i�liii�i���i#�iii��iii6(6�i`�IRiii�i��iiii`i�•I�l��i
Chris Dzadovsky, Chairman District No.t�"'1
Tod Mowery, Vice Chairman District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
Chris Craft District No. 5
INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the February 21, 2012 meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 12-043 — Honoring Dorothy J. Conrad for 46 years of Outstanding Service in St.
Lucie County, Florida
Consider staff recommendation to adopt Resolution No.12-043 as drafted.
B. COUNTY ATTORNEY
Resolution 12-026 - Honoring Sheila Santiago for her charitable work for underprivileged
children at Lincoln Park Community Center in St. Lucie County, Florida
Consider staff recommendation to adopt Resolution No.12-026 as drafted.
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 21 and 22.
�3
14
C.
I
COUNTY ATTORNEY
Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of
Ordinances and Complied Laws, to repair or demolish the Unsafe Structures at 4955 S.
Indian River Drive, Fort Pierce.
Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of
Ordinances and Complied Laws, staff recommends that the Board declare the structures
located at 4955 S. Indian River Drive, Fort Pierce, Florida to be unsafe and that the Board
hold a public hearing on May 1, 2012 at 6:00 p.m. or as soon thereafter as possible to
take such further action as is appropriate under Article III of Chapter 2-5 of the Code.
2. Resolution No.12-035 — Brocksmith Maintenance Improvement Project
Consider staff recommendation to approve Resolution No. 12-035 as drafted and
authorize the Chairman to sign the Resolution.
3. Amended & Restated Escrow Agreement — Allied New Technologies
Consider staff recommendation
Agreement and authorize the
Agreement.
.PLANNING & DEVELOPMENT SERVICES
to approve the Amended and Restated Escrow
Chairman to sign the Amended and Restated
Business & Concurrency Management/Tourism
1. Florida Boating Improvement Grant Acceptance
Consider staff recommendation to accept the Florida Boating Improvement Grant,
approval of Budget Resolution No 12-044 ($62,997) and approval to enter into Interlocal
Agreements with the City of Fort Pierce and the City of Port St. Lucie.
2. Interlocal Agreement — City of Port St. Lucie
Consider staff recommendation to approve to enter into an Interlocal Agreement with the
City of Port St. Lucie to contribute $5,000 from tourist development tax revenue towards
the Port St. Lucie Civic Center's marketing efforts and authorize the, Chairman to sign the
Interlocal Agreement as drafted by the County Attorney.
Business & Concurrency Management
3. 2012/2013 Federal Legislative Issues and Requests
Consider staff recommendation to authorize to submit Federal Legislative Issues and
Requests to members of the Florida Congressional Delegation as outlined in the attached
memorandum.
PUBLIC WORKS
Engineering Division:
1. Gazzara Retail Building
Consider staff recommendation to approve the conditional acceptance of the off -site
improvements and Maintenance Agreement, release of surety in the amount of
$83,437.11 and authorization for the Chairman to sign documents as approved by the
County Attorney.
D. PUBLIC WORKS CONTINUED
Administration:
2. Kings Highway Project —Transportation Regional Incentive Program
Consider staff recommendation to approve of Locally Funded Agreement with FDOT in
the amount of $1,285,000 for Kings Highway Project and Resolution No. 12-040 as
outlined in the agenda memorandum and authorization for the Chairman to sign
documents as approved by the County Attorney.
E. HOUSING & COMMUNITY SERVICES
Library Division:
1. Friends of the Library Donations
Consider staff recommendation to approve the Memorandum of Understanding, Budget
Resolution No. 12-038, Position Request 12-002 and acceptance of the donations, as
outlined in the agenda memorandum and authorize the Chairman to sign documents as
approved by the County Attorney.
Housing Division:
2. Award of Invitations to. Bid (ITB) 5 and 6
Consider staff recommendation for approval of bid awards for one demolition/replacement
and one rehabilitation project ITB #5 and ITB #6 funded under the Community
Development Block Grant Tropical Storm Fay, State Housing Initiative Program (SHIP)
and the Residential Construction Mitigation Program (RCMP) and authorize the Chairman
to sign the documents as approved by the County Attorney.
3. State Housing Initiative Partnership (SHIP) Emergency Rehabilitation Mortgage
Settlement
Consider staff recommendation to authorize to settle an Emergency Repair SHIP
Mortgage for less than the owed amount and authorization for the Chairman to sign
documents as approved by the County Attorney.
Neighborhood Stabilization Program 1— Approval to enter into Contract
Consider staff recommendation to approve to enter into contract for construction of two
new homes under the St. Lucie County NSP1 Grant and authorize the Chairman to sign
documents as approved by the County Attorney.
5. Community Development Block Grant (CDBG) Disaster Recovery Enhancement Fund
(DREF) and Budget Resolution 12-042
Consider staff recommendation to accept the CDBG program FY 2012 DREF contract as
outlined in the agenda memorandum; approval of Budget Resolution 12-042, approval of
Capital Project #12-031, and authorization for the Chairman to sign documents as
approved by the County Attorney.
F. PARKS & RECREATION SERVICES
Digital Domain Park — Facility Use Agreement with Aegis Communications Group Inc.
Consider staff recommendation to approve the Facility Use Agreement between St. Lucie County,
Sterling Facility Services, LLC, and Aegis Communications Group, Inc., and authorization for the
Chairman to sign documents as approved by the Attorney.
G. HUMAN RESOURCES
CORIZON Health, Inc. Inmate HIV Medications Invoice for January, 2012.
Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number
CZN000010587 for HIV medications for the FY-2012 period of January 01, 2012 through January
31, 2012, in the amount of $48,459.32.
VII. PUBLIC HEARINGS
A. PUBLIC WORKS
Capron Trails Mine
Consider staff recommendation to approve the Capron Trails mine request to increase their hours
of operation to allow night hauling in support of the adjacent 1-95 Widening Project only, as
outlined.
B. PLANNING & DEVELOPMENT SERVICES
Guettler Borrow Pit — Major Adjustment to an Approved Conditional Use Permit
Consider staff recommendation to adopt Draft Resolution No.12-012, granting a Major Adjustment
to an Approved Conditional Use Permit known as Guettler Borrow Pit, as outlined in the
memorandum.
C. PUBLIC WORKS
Guettler Borrow Pit Class II Mining Permit Application
Consider staff recommendation to approve the Guettler Borrow Pit Class II Mining Permit.
D. COUNTY ATTORNEY
Petition for Abandonment — Petition to abandon a Plat known as St. Lucie Landings recorded in
Plat Book 55, Page 10, St. Lucie County — Resolution No.12-039
Consider staff recommendation to approve Resolution No.12-039, instruct staff to publish the Final
Notice of Abandonment, record Resolution No. 12-039, Proof of Publication of the Notice of Intent
to Abandon, proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice
of Abandonment in the Public Records of St. Lucie County.
E. PLANNING & DEVELOPMENT SERVICES
Public Facilities and Services — Land Development Code Text Amendment
Consider staff recommendation to approve authorization to schedule the second required public
hearing for the Public Facilities and Services Ordinance 12-009 on March 20, 2012 at 9:00 a.m. or
a soon thereafter as possible.
REGULAR AGENDA
VIII. ANNOUNCEMENTS
1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 13,
2012 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
2. The Board of County Commissioners will hold a Budget Workshop on Tuesday, March 13, 2012 at
10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
3. The New York Mets kick off their Spring Training Season at Digital Domain Park in Port St. Lucie on
Monday, March 5, 2012 vs. Washington Nationals at 6:10 p.m. Home games run through April 3, 2012
with games vs. the Florida Marlins, New York Yankees, St. Louis Cardinals, Houston Astros, Detroit
Tigers and others. For tickets call (772) 871-2115 or visit www.digitaldomainpark.com.
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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 21, 2012 Convened: 9:00 a.m.
Adjourned: 9:48 a.m.
Commissioners Present: Chairman, Chris Dzadovsky, Tod Mowery, Paula A. Lewis, Frannie Hutchinson,
Chris Craft (absent)
Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public
Works Director, Lauri Waldie, Utilities Director, Beth Ryder, Community Services Director, Roger Shinn,
Central Services Director, Mark Satterlee, Planning /Development Director, Todd Cox, Airport Manager,
Karen Smith, ERD Director, Joseph E. Smith, Clerk of the Circuit Court, Shai Francis, Finance Director, Mike
Pawley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk
INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the February 7, 2012 meeting.
Approve the minutes from the February 14, 2012 special meeting.
It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve the minutes of the meetings held
February 7 and February 14, 2012, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Joseph E. Smith, Clerk of the Circuit Court presented the Board with a Revenue Sharing Certificate in
the amount of $62, 851.95 from Wells Fargo Bank. This certificate was presented due to the Clerk
joining the Wells Fargo Bank Credit Card revenue sharing program in April, 2011.
Clerk Smith thanked his finance professionals for their hard work to get this program going without
incurring any additional costs to the county. He also thanked the County IT staff for their assistance in
the computer programing of the program.
Clerk Smith also addressed the Board regarding the vacant position for the Investment Committee and
asked the Board's assistance in advertising the position.
At this time item number 9 was discussed and reviewed by the County Attorney.
The County Attorney advised the Board of a typographical error on page five K, fourth line where it
should read, "must be rated A or better. The word negative is to be deleted.
Resolution No. 12-031— Amendment to the Investment Policy (item 9)
Consider staff recommendation to adopt Resolution No. 12-031 and authorize the Chairman to sign the
Resolution.
Clerk Smith addressed the Board on the Amendment to the Investment Policy and advised those
present that the revisions were endorsed by the Investment Committee on February 9, 2012.
It was moved by Com. Mowery, seconded by Com. Lewis, to approve Resolution No.12-031, amending
the St. Lucie County Investment Policy, and; upon roll call, motion carried unanimously.
B. COUNTY ATTORNEY
Resolution No.12-028 — "National Engineer's Week" in St. Lucie County.
Consider staff recommendation to adopt Resolution No.12-028 as drafted.
It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve Resolution No. 12-028,
and; upon roll call, motion carried unanimously.
Mr. Pat Furland, Culpepper & Terpening was present to accept the proclamation.
C. COUNTY ATTORNEY
Resolution No. 12-030 — proclaiming the month of March 2012 as "Treasure Coast Bonsai Month"
in St. Lucie County, Florida.
Consider staff recommendation to adopt Resolution No.12-030 as drafted.
It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve Resolution No.12-030,
and; upon roll call, motion carried unanimously.
Representatives from the Heathcote Botanical Gardens were present to accept the proclamation
and thanked the Board for their partnership with the project. They also thanked the Tourist
Development Council for the grant that made it an amazing construction project.
D. COUNTY ATTORNEY
Resolution No. 12-037 — "International Walk to School Day" in St. Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 12-037 as drafted.
It was moved by Com. Mowery, seconded by Com. Lewis, to approve Resolution No. 12-037, and;
upon roll call, motion carried unanimously.
Ms. Theresa Lane, Treasure Coast Outreach Coordinator, was present to accept the proclamation.
She stated this was a pilot program in St. Lucie County and that she would be providing a list of
schools participating next year in the program.
V. GENERAL PUBLIC COMMENT
Mr. Al Allman, Liberty Scrap Metal addressed the Board regarding the Ordinance the Board adopted to take affect
March 1, 2012. He also addressed HB 105 which was enacted in 2008. He believes any further regulations would
affect the honest recycling companies.
The County Attorney addressed this item and stated they were approached by the Sheriffs department regarding the
problem of thefts taking place in the vacant homes of copper pipe, air conditioners etc., This was the reason for the
ordinance.
Com. Dzadovsky requested Mr. Allman follow up with him on the concerns he has expressed.
VI. CONSENT AGENDA
Com. Hutchinson advised the Board she would be abstaining from discussing and voting on item 6-D-4
It was moved by Com. Mowery, seconded by Com. Lewis, to approve the Consent Agenda with item 6-D-4 pulled for
a separate vote, and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No.19 and 20.
The Board approved Warrant List No, 19 and 20.
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The Board authorized payment of CORIZON Health, Inc. invoice number CZN000010474
for HIV medications for the FY-2012 period of November 01, 2011 through November 30,
2011, in the amount of $50,827.25.
2. CORIZON Health, Inc. Inmate HIV Medications Invoice for December, 2011.
The Board authorized payment of CORIZON Health, Inc. invoice number CZN000010475
for HIV Medications for the FY-2012 period of December 01, 2011 through December 31,
2011, in the amount of $40,409.45.
D. . PUBLIC WORKS
Engineering Division:
1. Refund of Fair Share Contribution — Lennard Road PD&E Project.
The Board authorized returning the Fair Share Contribution of $52,000 to the developer.
2. Angle Road Sidewalk Project (Phases II and III)
The Board approved the acceptance of the Angle Road Sidewalk Project (Phases 11 and
III).
3. North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage
Improvements
The Board approved utilizing emergency bidding procedures and waived the formal
bidding process.
4. Harmony Heights Stormwater Phase I South- Separate vote
Consider staff recommendation to award the bid to Guettler Brother Construction, LLC in
the amount of $1,176,174 for construction of Harmony Heights Stormwater Phase I South,
Work Authorization No. 3 with Milestone Construction Group in the amount of $280,858
for construction management services, Work Authorization No. 53 with Dunkelberger
Engineering & Testing, Inc. in the amount of $66,000 for soil testing services, establish
the project budget and authorization for the Chairman to sign documents as approved by
the County Attorney.
It was moved by Com. Lewis, seconded by Com. Mowery, to approve staff
recommendation, and; upon roll call motion carried unanimously with Com. Hutchinson
abstaining.
Utilities Division:
5. Agreement Extension — Severn Trent Environmental Services, Inc.
The Board approved the First Extension to the agreement between Severn Trent
Environmental Services, Inc., and St. Lucie County.
D. PUBLIC WORKS CONTINUED
6. 2010 Rate Schedule Amendment
The Board adopted Resolution No. 12-034 authorizing the correction of the scrivener's
error for the wastewater utility rates, fees and charges within the St. Lucie County Water
and Sewer District.
E. ENVIRONMENTAL RESOURCES
Work Camper Agreement — Bluefield Preserve
The Board approved terminating the Work Camper Agreement with William Miley for Bluefield
Preserve.
F. MANAGEMENT & BUDGET
Purchasing Division:
1. Request for Proposals (RFP) No.12-003, Lobbyist Services.
0
The Board approved the highest ranked firm for Lobbyist Services and permission to:
1. Conduct contract negotiations with the highest ranked firm, Van Scoyoc Associates,
Inc of Washington DC;
2. negotiations are successful, award contract to the highest ranked firm and authorized
the Chairman to sign the documents as prepared by the County Attorney.
3. If Staff is unable to negotiate a satisfactory contract with the highest ranked proposer,
negotiations with that firm shall be terminated and Staff shall attempt to negotiate a
contract with the second ranked firm. If these negotiations are not successful, they
shall be terminated with the second proposer and attempted with the next ranked
firm.
Grants Division:
2. FEMA Severe Repetitive Loss Program — County Contract
The Board authorized executing a FEMA Severe Repetitive Loss Contract with one
homeowner, and authorized the Chairman sign the contract, as approved by the County
Attorney.
G. TRANSPORTATION PLANNING ORGANIZATION
Resolution No. 12-024, Approval of Federal Transit Administration Grant Budget Amendment No.
BA12-006, Local Match
The Board approved Budget Resolution No. 12-024 ($91,191) and Budget Amendment No. BA12-
006 ($10,132) to amend the County budget for receipt of grant funds on behalf of the St. Lucie
TPO.
H. PLANNING & DEVELOPMENT SERVICES
Final Plat Approval — Parkway Plaza
The Board approved the Final Plat for the Parkway Plaza Subdivision and authorized the Chairman
to sign documents as approved by the County Attorney.
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Unsafe Structure at 101 Berger Road, Fort Pierce
Consider staff recommendation to authorize the Code Compliance Division to demolish the
structure, clean the property and assess the entire cost, which constitute a lien payable to St. Lucie
County.
It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve staff recommendation,
and; upon roll call, motion carried unanimously.
B. COUNTY ATTORNEY
Ordinance -No. 12-002 — Letter of Credit Form
Consider staff recommendation to continue the public hearing until March 20, 2012 at 9:00 a.m. or
as soon thereafter as the item may be heard.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to continue this public hearing on
March 20, 2012 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
REGULAR AGENDA
Vill. PLANNING & DEVELOPMENT SERVICES
Planning Division:
Petition of Michael and Marie Ingravallo for a waiver from Section 7.09.04.E
Consider staff recommendation to adopt Resolution No.12-014 granting the requested waiver from Section
7.09.04.E — Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) Housing Three
(3) or More Dwelling Units and Single -Family or Two -Family Residential Uses.
It was moved by Com. Lewis, seconded by Com. Hutchinson, to adopt Resolution No. 12-014, and; upon
roll call, motion carried unanimously.
IX. COUNTY ATTORNEY — Note: This item was discussed and approved at the beginning of the
meeting.
Resolution No. 12-031— Amendment to the Investment Policy
Consider staff recommendation to adopt Resolution No. 12-031 and authorize the Chairman to sign the
Resolution.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
A
0
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. IV- A
DATE: March 6, 2012
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ j
PRESENTED BY:
Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No.12-043 -. Honoring Dorothy J. Conrad for 46 years of
Outstanding Service in St. Lucie County, Florida.
BACKGROUND: It has been requested that this Board honor Ms. Dorothy J. Conrad
for 46 years of outstanding service in St. Lucie County, Florida. The
attached Resolution No.12-043 has been drafted for that purpose.
RECOMMENDATION:
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Staff recommendsthatthe Board adoptthe attached Resolution No.
12-043 as drafted.
Review and Approvals
[l County X Attorney: tv
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
RESOLUTION NO. 12-043
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
FOR ST. LUCIE COUNTY, FLORIDA, HONORING DOROTHY J.
CONRAD FOR 46 YEARS OF OUTSTANDING PUBLIC SERVICE TO
THE COMMUNITY AND CITIZENS OF ST. LUCIE COUNTY AND
NAMING THE BUILDING LOCATED AT 1664 SE WALTON ROAD AS
THE "DOROTHY J. CONRAD ADMINISTRATION ANNEX"
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
Dorothy Josephine Heather Anderson Conrad, "Jo" was born in Cardiff Wales.
2. In 1946, while in Wales, she married an American soldier, Sergeant Edward T. Conrad,
from Okeechobee, Florida.
3. Traveling by herself to reunite with her husband, she survived the culture shock of moving
from Great Britain to Okeechobee and ultimately settling in Fort Pierce, Florida.
4. In 1954, at the age of 27, she became a citizen of the United States and began working
for Mr. Curtis James, the St. Lucie County Tax Collector.
5. Upon Mr. James retirement, she continued working for his successor, Mr. Danny Knowles.
6. In 1985, after 31 years of service, upon Mr. Knowles' retirement, she was elected Tax
Collector of St. Lucie County, the first woman to serve the citizens of St. Lucie in that capacity.
7. In 1993, her leadership and dedication was such that the other 66 Florida Tax Collectors
elected her President of the Florida Tax Collector's Association, only the third time a woman was elected
to that position.
8. In her tenure as Association president, she testified before the United States Senate
Judiciary Subcommittee helping to pass the "Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005" lessening the negative impact of bankruptcy laws on Florida communities.
9. In 1998, the Democratic Women of St. Lucie County named her "Woman of the Year" for
her record of achievement and service and for her distinguished career of public service and significant
contributions to her community.
10. These significant contributions to the welfare of St. Lucie County during her total of 46
years of service in the St. Lucie County Tax Collector's Office (16 years as the elected official) have earned
her the respect and gratitude of her community.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
0
1. The County building located at 1664 SE Walton Road, as long as it stands, shall be named
"The Dorothy J. Conrad Administrative Annex".
2. This Resolution shall be effective upon adoption
PASSED AND DULY ADOPTED this 6th day of March, 2012.
ATTEST:
DEPUTY CLERK
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): County Attorney
ITEM NO. IV-B
DATE: March 6, 2012
REGULAR [x ]
PUBLIC HEARING[ ]
CONSENT [ ]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 12-026 - Honoring Sheila Santiago for her charitable
work for underprivileged children at Lincoln Park Community Center
in St. Lucie County, Florida
BACKGROUND: It has been requested that this Board honor Ms. Sheila Santiago for
her generous contributions to St. Lucie County. The attached
Resolution No. 12-026 has been drafted for that purpose.
RECOMMENDATION:
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Staff recommends that the Board adopt the attached Resolution No.
12-026 as drafted.
Review and Approvals
[] County Atto
rney: orney : �/
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
I
RESOLUTION NO. 12-026
A RESOLUTION HONORING SHEILA SANTIAGO FOR HER CHARITABLE
WORK THROUGH THE VIOLA G. SMITH FOUNDATION FOR
UNDERPRIVILEGED CHILDREN ATLINCOLN PARK COMMUNITY CENTER
IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Viola G. Smith Foundation for Underprivileged Children was established in 1998 by Sheila
Santiago and was named after her deceased mother.
2. When Ms. Santiago came to St. Lucie County, she called the city of Fort Pierce and was given
information on various facilities in the area for underprivileged children. After speaking with staff
at the Lincoln Park Community Center, she felt this was the area she was tryingto reach and has been
here every year since 2004.
3. Initially, Ms. Santiago was the sole source of funding for the Foundation. The majority of the
funding for the Toy Give -Away still comes from Ms. Santiago, however, now she also receives
donations from co-workers at the Post Office, Walmart, family, volunteers and others.
4. Any child that shows up at the allotted time receives a toy. They have never run out of toys,
but Ms. Santiago states that if they did, she would purchase more and have the child come back on
the next business day to pick it up.
5. St. Lucie County is proud to share in this effort of providing toys to underprivileged children
at the Lincoln Park Community Center.
6. This Board should recognize the generous contribution that Ms. Santiago has made to St. Lucie
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby commend Sheila Santiago for her generous contributions to St. Lucie
County, and does hereby take this opportunity to express its sincere appreciation and gratitude for
a job well done.
2. Be it further resolved that a copy of this resolution shall be presented to Ms. Sheila Santiago
as a token of this Board's appreciation.
PASSED AND DULY ADOPTED this day of , 2012.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY.COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
4
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
02/24/12 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #21- 18-FEB-2012 TO 24-FEB-2012
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
145,285.84
30,060.32
001001
Recreation Special Events
77.24
0.00
001446
EMPA FY12
5,218.81
0.00
001512
Neighborhood Stabilization Program
14,807.87
0.00
001518
Section 112/MPO/FHWA/Planning
68.75
0.00
001519
CDBG FY 2008 Disaster Recovery
360,904.05
0.00
001533
Energy Efficiency & Conservation B1
75,000.00
0.00
001537
HUD Shelter Plus Care 2.010
228.00
0.00
001539
Safe Routes to School Program
5.34
0.00
001540
EMPG FY12
20,490.40
0.00
001541
CSBG FY12
310.00
0.00
101002
Transportation Trust/80% Constitut
30,697.36
0.00
101003
Transportation Trust/Local Option
18,615.98
0.00
101004
Transportation Trust/County Fuel Tx
1,689.20
0.00
101006
Transportation Trust/Impact Fees
372.74
0.00
102
Unincorporated Services Fund
1,072.00
0.00
102001
Drainage Maintenance MSTU
86,425.50
0.00
102812
Paradise Park Stormwater Ph 3
1,445.50
0.00
107
Fine & Forfeiture Fund
20,572.20
0.00
107001
Fine & Forfeiture Fund -Wireless Sur
6,723.72
0.00
107002
Fine & Forfeiture Fund-E911 Surchar
30,115.87
0.00
107003
Fine & Forfeiture Fund-800 Mhz Oper
4,507.38
0.00
107006
F&F Fund -Court Related Technology
5,257.01
0.00
107163
USDOJ SCAAP 2009/2010
3,297.14
0.00
129
Parks MSTU Fund
28,333.84
0.00
140
Airport Fund
5,170.34
0.00
140001
Part Fund
248.80
0.00
140362
FDOT Fence Obstruction Lights
38,035.86
0.00
140372
FDOT Term/Cus Fac Ren Phs 1
11,510.96
0.00
160
Plan Maintenance RAD Fund
5,992.68
0.00
170
Court Facilities Fund
115,512.24
0.00
183
Ct Administrator-19th Judicial Cir
1,683.99
0.00
183004
Ct Admin.- Teen Court
1,368.72
0.00
183006
Guardian Ad Litem Fund
14,976.88
0.00
188
Bluefield Ranch Improvements
2.09
0.00
189100
Home Consortium
108.00
0.00
189101
Home Consortium FY 2008
2,486.00
0.00
189103
Home Consortium FY 2010
1,900.00
0.00
190
Sports Complex Fund
10,426.43
0.00
310001
Impact Fees -Library
1,286.62
0.00
315
County Building Fund
67,220.63
0.00
316
County Capital
1,568.50
0.00
316001
5th Cent Fuel -Capital
61,223.03
0.00
318
County Capital -Transportation Bond
2,203.73
0.00
318103
FHA St James Sidewalk
10,050.00
0.00
401
Sanitary Landfill Fund
583,252.97
0.00
418
Golf Course Fund
30,552.62
0.00
451
S. Hutchinson Utilities Fund
206.66
0.00
02/24/12 ST. LUCIE COUNTY - BOARD
PAGE 2
FZABWARR WARRANT LIST #21- 18-FEB-2012 TO 24-FEB-2012
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
471
No County Utility District-Operatin
23,745.72
0.00
478
No Cty Util Dist -Renewal & Replace
2,453.88
0.00
491
Building Code Fund
7.00
0.00
505
Health Insurance Fund
135.55
796.80
505001
Property/Casualty Insurance Fund
47,038.90
0.00
611
Tourist Development Trust-Adv Fund
639.18
0.00
615
Impact Fees Fund
6,183.02
0.00
625
Law Library
3,948.55
0.00
801
Bank Fund
4,856.39
0.00
GRAND TOTAL:
1,917,517.68
30,857.12
CONSENT
AGENDA
ITEMS
AGENDA REQUEST
ITEM NO. VI-B-1
DATE: March 6, 2012
REGULAR[ ]
PUBLIC HEARING ( ]
CONSENT [ x ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Barbieri
Assistant County Attorney
SUBJECT: Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie
County Code of Ordinances and Compiled Laws, to repair or demolish the
Unsafe Structures at 4955 S. Indian River Drive, Fort Pierce.
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION:
COMMISSION ACTION:
[ J APPROVED [ J DENIED
[ ] OTHER:
See attached memorandum CA 12-0184
Other Contractual Services, Acct. No. 102-2415-534000-200
After inspection, the Building Official declared the structures unsafe and a
public nuisance on November 7, 2011.
Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County
Code of Ordinances and Compiled Laws, staff recommends that the Board
declare the structures located at 4955 S. Indian River Drive, Fort Pierce,
Florida to be unsafe and that the Board hold a public hearing on May 1, 2012
at 6:00 pm or as soon thereafter as possible to take such further action as
is appropriate under Article III of Chapter 2-5 of the Code.
Review and Approvals ,
[X] County Attorney:
Daniel S. McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
[X] Code Compliance Manager
ML
Robin Meyer
INTER -OFFICE MEMORANDUM
COUNTY ATTORNEYS OFFICE
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Katherine Barbieri, Assistant County Attorney
C.A. NO: 12-0184
DATE: March 6, 2012
SUBJECT: Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code
of Ordinances and Compiled Laws, to repair or demolish the Unsafe Structures at
4955 S. Indian River Drive, Fort Pierce.
BACKGROUND:
Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances
and Compiled Laws, the buildings located at 4955 S. Indian River Drive, Fort Pierce, Florida were
inspected on February 7, 2012; where it was determined to be unsafe and to constitute a public
nuisance. Please see photographs and copy of the Building Official Report attached describing the
condition of the building.
RECOMMENDATION/CONCLUSION:
Under the provisions of Section 2-5-43, it is recommended that the Board accept the
Certified Report of Inspection of Buildings for filing and declare the buildings to be unsafe and that
a public hearing be held so that the Board may take such further action as is appropriate with
regard to the unsafe buildings at 4955 S. Indian River Drive, Fort Pierce, FL.
KB/cb
Encl.
I:\C8 H Drive\AQendaMemo-KB-095551RD.wpd
Respectfully submitted,
Katherine Barbieri
Assistant County Attorney
Planning and Development
Services Department
Planning Division
MEMORANDUM
TO: Katherine Barbieri, Assistant County Attorney
FROM: Kara Wood, Planning Manager q,
CC: St. Lucie County Historical Commission
Robin Meyer, Building and Code Compliance Manager
DATE: January 25, 2012
SUBJECT: 4955 S Indian River Drive (William Robinson House) condemnation
Pursuant to Section 4.11.10 of the St. Lucie County Land Development Code, the St. Lucie County
Historical Commission was given the opportunity to provide recommendations and suggestions to the
Board of County Commissioners in consideration of the proposed condemnation of the stuctures at
4955 South Indian River Drive, also known as the William Robinson House.
The following section of the Historic Preservation Ordinance applies to the St. Lucie County Building
Official's declaration of the subject buildings as unsafe structures proposed for condemnation:
Section 4.11.10. - Demolition.
A. Demolition of a building, site, district, landscape feature, object, structure, earthwork, mound,
midden or such resource that has been designated as historic pursuant to this ordinance may
occur only pursuant to an order of a government agency or a court of competent jurisdiction or
pursuant to an approved application by the owner for a Special Certificate of Appropriateness.
8. Government agencies having the authority to demolish unsafe structures shall receive notice
of designation of buildings, sites, districts, landscape features, objects, structures, and
archaeological sites or zones. The Historical Commission shall be deemed an interested party
and shall be entitled to receive notice of any public hearings conducted by said government
agency regarding demolition of any property designated or documented as historic pursuant to
this ordinance. The Historical Commission may make recommendations and suggestions to
the government agency and the owner(s) relative to the feasibility of and the public interest in
preserving the designated property.
The Historical Commission meeting agenda for January 17, 2012 included a discussion of the
proposed condemnation. No quorum was present for this regularly scheduled meeting, but comments
were collected informally from individual commission members present. The only recommendation
provided was to encourage the County offer a way in the condemnation and demolition process for
interested parties to harvest historic building materials from the structures. Interior finishes including
original beadboard, trim, hardware and flooring could be collected from the site prior to or during
demolition without compromising the structural integrity of the building for those extracting the
materials.
'roperty Appraiser - St -Lucie County, FL
ragc i vi .i
James Wika Record: 1 of 2
Property Identification
Site Address: 4955 S INDIAN RIVER DR
Sec/Town/Range: 36 :35S :40E
Map ID: 24/36S
Zoning: RE-2
Ownership and Mailing
Owner:
James Wika Toianna Wika
Address:
1478 Sheldon St
St Paul MN 55108-2323
Sales Information
Date Price
Code Deed
6/20/2002 315000
00 WD
2/1/1982 140000
00 CV
5/1/1980 95000
00 CV
PROPERTY RECORD CARD
«Prev Next » Spec.Assmnt Taxes
ParcellD: 2436-702-0002-0004
Account#: 33886
Land Use: SF Res
City/Cnty: St Lucie County
Exemptions Permits Home Print
2
Legal Description
Significant Historical Resource Per Resolution 08-186 (OR 3007-2160) J ALBERT
FISHERS PROPERTY 36
More
Assessment 2011 Final
Total Land and Building
Book/Page
2011 Final: 155100
Land Value: 146500 Acres: 0.83
1546 / 0971
Assessed: 155100
Building Value: 8600
0371 / 0784
Ag.Credit: 0
Finished Area: 2612 SgFt
0330 / 2400
Exempt:
Taxable:
Taxes: 3155.63
BUILDING
INFORMATION
Exterior Features
RoofCover:
FS - Fibrglss Shg
RoofStrucL
GA - Gable
View:
ExtType:
HC-- HC-
YearBlt:
1901
Frame:
Grade:
C- - C-
EffYrBlt:
1901
PrimeWall:
WN - Wood no Sh
StoryHght:
0020 - 2 Story
No.Units:
1
SecWall:
Interior Features
3
Electric:
MX - MAXIMUM
PrmintWall:
PB - PANEL BOARD
BedRooms:
FuliBath:
1
HeatType:
-
AvgHUFI:
t/26ath:
1
HeatFuel:
-
Prm.Flors:
CU - Carpet
%A/C:
0
%Heated:
0
%Sprinkled:
0
Special Features and Yard
Items
Land Information
Type
Y/S Qty.
Units Qual. Cond.
YrBit. No, Land Use
Type
Measure Depth
DWC - Driv-Concret
Y 1
720 AV AV
1901 1 0100-SF Res
225 -Front Ft
140.59 256
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
http://www.paslc.org/prc.asp?prclid=243670200020004 2/14/2012
BUILDING OFFICIAL REPORT
DATE: 11/7/2011
ADDRESS: 4955 S. Indian River Drive
The building and all other dwellings/garages/sheds at the above referenced
address has been significantly damaged by
Weather, Elements, and lack of upkeep. It is manifestly unsafe and unsanitary
for use as a single family dwelling. This building in its current condition
constitutes a public nuisance.
Specific conditions which exist include: Roof Damage, Interior Damage and
Rotting Wood, Damage to the Plumbing and Electrical Systems.
Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code,
the building and out buildings located at 4955 S. Indian River Drive is determined
to be UNSAFE.This property must be brought into compliance by removing all
structures and debris within 30 days or this property will be brought to the Board
of County Commissioners for Condemnation consideration. You can call to
discuss this matter, I can be reached at (772)462-1553. Thank you for you time.
Ken Arnold
Building Supervisor
Building Official — St. Lucie County, Florida
KA/dab
Rev. 2712012
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AGENDA REQUEST
ITEM NO. VI-B.2
DATE: Mrch 6, 2012
REGULAR [J
PUBLIC HEARING [J
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 12-035 - Brocksmith Road Maintenance
Improvement Project
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board approve Resolution No. 12-035
as drafted and authorize the Chairman to sign the Resolution.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: t Management & Budget Purchasing:
Daniel S. McIntyre
Originating Dept. Public Works Dir.: . County Eng.:
Don st
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.: 12-0188
DATE: February 14, 2012
SUBJECT: Resolution No. 12-035 - Brocksmith Road Maintenance Improvement
Project
BACKGROUND:
Brocksmith Road is a 3.3 mile long rural unimproved dirt/shell rock road located in western
St. Lucie County. The County's Public Works Department is working to implement a maintenance
improvement project to install an asphalt chip seal surface treatment on Brocksmith Road.
Attached is a copy of Resolution No. 12-035 which, if adopted, would direct the Public
Works Department to implement the Brocksmith Road Maintenance Improvement Project,
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve Resolution No.12-035 as drafted and authorize
the Chairman to sign the Resolution.
Resp.€gfully submitted
Daniel S. McIntyre
County Attorney,
DSM/caf
Attachment
3`d Draft
2/9/12
RESOLUTION NO. 12-035
A RESOLUTION DIRECTING THE PUBLIC WORKS DEPARTMENT TO
IMPLEMENT THE BROCKSMITH ROAD MAINTENANCE IMPROVEMENT
PROJECT
WHEREAS, the Board .ofCounty Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. Brocksmith Road is a 3.3 mile long rural unimproved dirt/shellrock road located in western
St. Lucie County. The County's Public Works Department is working to implement a maintenance
improvement project to install an asphalt chip seal surface treatment on Brocksmith Road (the "Project");
and
2. The Project limits extend from Okeechobee Road (SR 70) to Orange Avenue (CR 68), a
distance of approximately 3.3 miles. The County desires to improve the riding surface of Brocksmith Road
by installing an asphalt chip seal surface treatment, along with safety features such as a guardrail, reflectors
and signage.
3. The existing right-of-way of Brocksmith Road is substandard and will not accommodate an
improved roadway that meets the current design standards of St. Lucie Land Development Code and the
Florida Department of Transportation.
4. There are several physical conditions that are unique to Brocksmith Road that create
difficulty with improvement of the roadway:
a. There is a very deep canal (NSLRWCD Canal #53) that is adjacent to the west side
of Brocksmith Road along its entire length.
b. There are a large number of existing power poles along the east side of Brocksmith
Road that cannot be easily relocated.
C. I . The existing right-of-way is of insufficient width to allow for placement of guardrail
barriers on both sides of the road, and also provide for standard travel lanes and shoulder widths that meet
the County's land development code and design standards.
d. Substandard lane widths and shoulders will be necessary if the road is to be
improved within the existing right-of-way. Guardrails should be provided between the canal and the
roadway to improve safety, but this will decrease the shoulder widths.
e. Relocation of the existing power poles is not feasible without acquiring additional
right-of-way or easements from the property owners.
-1-
5. The existing road conditions do not meet current design standards.
6. Implementing the project will improve the existing conditions and make the Brocksmith
Road safer for the traveling public.
7. The decision to implement the Project is a planning level decision initiated by the Board of
County Commissioners and is intended to make Brocksmith Road safer for the traveling public.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
1. Based on the findings set out above, the Public Works Department is directed to implement
the Project including the installation of warning signs as appropriate.
2. This resolution shall take effect on adoption.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Dzadovsky
XXX
Vice Chairman Tod Mowery
XXX
Commissioner Paula A. Lewis
XXX
Commissioner Frannie Hutchinson
XXX
Commissioner Chris Craft
XXX
PASSED AND DULY ADOPTED this _ day of
ATTEST:
DEPUTY CLERK
-2-
2012
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:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
County Attorney
ITEM NO. VI-13.3
DATE: March 6, 2012
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
Amended -and Restated Escrow Agreement - Allied New
Technologies
See attached memorandum
RECOMMENDATION: Staff recommends that the Board approve the Amended and
Restated Escrow Agreement and authorize the Chairman to sign
the Amended and Restated Agreement.
COMMISSION ACTION: CONCURRENCE:
[ J APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: Management & Budget Env. Resources Dir.:
Daniel S. McIntyre �/`�'/'7 Karen Smith
Originating Dept. County Surveyor: County Eng.:
Ron Harris
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.:
12-0190
DATE:
February 15, 2012
SUBJECT:
Amended and Restated Escrow Agreement (Landscaping Improvements) -
Allied New Technologies
BACKGROUND:
On May 29, 2009, the County entered into a Landscaping Agreement with Allied New
Technologies ("Allied") wherein Allied agreed to install and maintain certain landscaping
improvements. To secure the installation and maintenance of the landscaping improvements, the
County and Allied entered into an Escrow Agreement. Irwin M. Frost, P.A. ("Frost") was the Escrow
Agent. Allied has completed the installation of the landscaping improvements so that all of the
escrowed funds less the 15% maintenance security ($47,250.00) should be returned to Allied. Frost
does not wish to serve as Escrow Agent during the maintenance period.
Attached to this memorandum is a proposed Amended and Restated Escrow Agreement
that would authorize the release of $274,000 to Allied and the balance of $47,250.00 to the County
as security for the maintenance of the landscaping improvements. Frost would be discharged and
released from his obligations as Escrow Agent.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the Amended and Restated Escrow Agreement
and authorize the Chairman to sign the Amended and Restated Agreement.
Respectfully submitted,
Daniel S. McIntyre
County Attorney
DSM/caf
Attachment
AMENDED AND RESTATED
ESCROW AGREEMENT
(Landscaping Improvements)
This Amended and Restated Escrow Agreement is entered into this day of
2012, by and between Irwin M. Frost, P.A. ("Frost"), Allied New Technologies, Inc. ("Developer") and St.
Lucie County, a political subdivision of the State of Florida ("County").
WHEREAS, Developer and County have entered into a Landscaping Agreement dated May 6, 2008,
(the "Agreement"), under which Developer has agreed to install and maintain certain landscaping
improvements in St. Lucie County, Florida and pursuant to which Developer and County have agreed that
Developer shall place certain monies into escrow hereunder; and
WHEREAS, to secure Developer's obligation to County underthe Agreement, Developer agreed to
escrow the sum of $315,330.00; and
WHEREAS, the parties entered into an Escrow Agreement on May 6, 2008, which the.parties desire
to amend and restate; and
WHEREAS, the Developer has completed the installation of the landscaping improvements so that
all of the escrowed funds less the 15% security ($47,250.00) should be returned to the Developer; and
WHEREAS, Frost does not wish to serve as Escrow Agent during the ten (10) year maintenance
period.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Frost is directed to release $274,200 to the Developer; Frost is also directed to transfer
$47,250.00 to the County (hereinafter referred to as the "Security Funds").
2. The parties agree that the Security Funds will be held by the County. The Security Funds
shall be held in an interest bearing trust account. All interest shall be credited to Allied New Technologies,
Inc.
3. The Security Funds shall be distributed: (a) upon completion of ten (10) years from
December 6, 2011 upon certification from the County Environmental Resources Director that the
landscaping improvements continues to providethe required buffer; or, (b) pursuant to written instructions
of the County Environmental Resources Director, pursuant to Section 6 of the Agreement between the
County and the Developer.
4. Upon transfer of the funds in accordance with the directions set out in Paragraph 1. above,
Frost is hereby released and discharged from his duties as Escrow Agent under the May 6, 2008 Escrow
Agreement.
SAATMAGREEMNTWIled A•R Escrow•landscaping.wpd -1-
5. Any notice or other communication necessary or desirable hereunder shall be in writing
and shall be sent by hand -delivery, facsimile, nationally recognized overnight delivery service, or certified
mail, postage prepaid, return receipt requested, as follows, and copies of any notices sent by Developer
or County shall be sent to Developer or County as applicable:
If to Developer: Allied New Technologies, Inc
3901 NW 115 Avenue
Miami, FL 33178
Telephone: 305-888-2623
If to County: St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
Telephone: 772-462-1420
Facsimile: 772-462-1440
6. Notices shall be deemed given upon the earlierof actual receipt (actual receipt of facsimile
to be evidenced by confirmation of sending by the sender), refusal to accept delivery, three business days
after being sent by certified mail, or one business day after being sent by overnight delivery service.
7. This Escrow Agreement may not be modified or amended orally.
8. All the terms and provisions ofthis Escrow Agreement shall be binding upon and inure only
to the benefit of and be enforceable only by the parties hereto and their respective agents, successors and
assigns and is not intended to be, nor shall it be construed as being, for the benefit of any third party or
parties. The waiver by any party of any breach of any provision hereof shall not be construed to be the
waiver of any succeeding breach or breach of any other provision hereof. This Escrow Agreement is being
made and delivered in the State of Florida and shall be construed and enforced in accordance with the laws
of the State of Florida.
9. ThisAmended and Restated Escrow Agreement maybe executed bythe parties on separate
signature pages, a composite which shall be attached hereto. Facsimile signatures hereof shall be valid for
all purposes.
10. ThisAmencledand Restated Escrow Agreement, and the other documents and agreements
as specifically referred to herein, constitute the full, final and complete agree ment.between the parties.
This Escrow Agreement shall not be construed more strictly against one party than against the other,
merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being
recognized that all parties have contributed substantially and materiallytothe preparation ofthis Amended
and Restated Escrow Agreement. In the event any term or provision of this Amended and Restated Escrow
Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the
remainder of this Amended and Restated Escrow Agreement shall be construed to be in full force and
effect.
SAATfY\AGREEMNT\Allied A-R Escrow-landscapingmpd -2-
IN WITNESS WHEREOF, this Amended and Restated Agreement has been duly executed as of the
day and year first above written.
Allied New Technologies, Inc. (Developer)
By:
Name:
Title: President
Irwin M. Frost, P.A.
By: _
Name:
Title:
ATTEST:
BY:
Deputy Clerk
SAATIY\AGREEMNT\Allled A-R Escrow-landscaping.wpd -3-
Tax I.D. # 33-1132842
St. Lucie County (County), by its:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
r
ITEM NO. VI-Cl
AGENDA REQUEST
DATE: 03/06/2012
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: 0
Charlotte Lombard
SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinator
SUBJECT: Florida Boating Improvement Grant Acceptance
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001449-5210-534000-500
PREVIOUS ACTION: n/a
RECOMMENDATION: Board acceptance of the Florida Boating Improvement Grant, approval of Budget
Resolution No 12-044 ($62,997) and approval to enter into Interlocal Agreements
with the City of Fort Pierce and the City of Port St. Lucie.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) V4" OMB Director ( )
Budget Analyst
D.Mclntyre/K.15MMri
Originating Dept. ( ) },, ERD ( )
M.Sa erlee/Clombargh,
Gouin
P. Marston
n/a
Planning & Development Services/Tourism
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct
FROM: Charlotte Lombard, Tourism Coordinator
Tourism
DATE: March 6, 2012
SUBJECT: Florida Boating Improvement Grant Acceptance
ITEM NO. VI-Cl
Background:
On March 31, 2011, the County submitted a grant application to the Florida Fish and Wildlife
Conservation Commission Florida Boating Improvement Program for a Boating Awareness
Campaign. On December 29, 2011, the County received notification that it was awarded the grant in
the amount of $63,997. There is no local funding match required. The grant agreement will be
administered by the Tourism office.
Scope of work for the grant includes:
1. St. Lucie County Boater's Guide — create and print 14,000 10-page, full color booklets to
include map of boating facilities, boat ramps, public docking, marina, waterway chart, bridge
information, information about the proper disposal of contaminants, VHF radio information and
information about fishing and whale watching.
2. Boater's Carry -Out Guide — create and print 5,000 full color, tri-fold waterproof brochures to be
a reduced version of the Boater's Guide.
3. Purchase and Install 12 Information Kiosks at County and City managed boat ramps and
major boating facilities. The program allows kiosks to be purchased and then provided to the
cities for installation at their boat ramps and/or major boating facilities.
a. Kiosks to be installed at County boat ramps include: Blind Creek/Little Mud Creek, Stan
Blum, Museum Point Park, North Causeway Island Park, River Park Marina and White
City.
b. By entering into Interlocal Agreements with the City of Fort Pierce and the City of Port
St. Lucie, the County will provide the kiosks and Cities will do the installation and
ongoing maintenance as needed. Interlocal agreements are attached.
4. Displays — create and print 20 full -color, poster -sized displays to be a reduced version of the
St. Lucie County's Boater's Guide. Displays to be posted in information kiosks and at area
marinas and bait/tackle shops.
5. "Get Stopped" Campaign — create and produce 500 cards that offer discounts at restaurants
and stores. Distribute cards via Florida Fish and Wildlife officers to boaters who are wearing a
personal floatation device.
6. Television Spot — create and produce a 30-second television spot to promote boating in St.
Lucie County. Five hundred television ads will broadcast on cable television in the Tampa and
Orlando markets.
Upon execution of the grant, the County will have until December 31, 2012 to complete the scope of
work.
Recommendation
Board acceptance of the Florida Boating Improvement Grant, approval of Budget Resolution No 12-
044 ($62,997) and approval to enter into Interlocal Agreements with the City of Fort Pierce and the
City of Port St. Lucie
e
RESOLUTION NO. 12-044
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 Fish and Wildlife Conservation Commission, as a Florida Boating Improvement
Program Grant in the amount of $62,997, as funding for the County to promote boater education.
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 6th day of March, 2012, 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
001449-5210-334396-500 FI Fish & Wildlife Conservation Com $62,997
APPROPRIATIONS
001449-5210-534000-500 Other Contractual Services $47,997
001449-5210-564000-500 Machinery & Equipment $15,000
After motion and second the vote on this resolution was as follows:
Commissioner Chris Dzadovsky, Chairman XXX
Commissioner Tod Mowery, Vice Chairman XXX
Commissioner Chris Craft XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 6TH DAY OF MARCH 2O12.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
L-"v
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Charlotte Lombard
From: Woody, Tim <tim.woody@MyFWC.com>
Sent: Tuesday, February 07, 2012 5:16 PM
To: Charlotte Lombard
Subject: RE: FBIP Grant 11155 - St. Lucie County Boater Education
That is fine. Thank you.
Tim Woody, Program Administrator
Florida Boating Improvement Program
(850) 617-9559
From: Charlotte LombardTmailto•LombardC(&stlucieco.oral
Sent: Tuesday, February 07, 2012 4:43 PM
To: Woody, Tim
Subject: RE: FBIP Grant 11155 - St. Lucie County Boater Education
Tim,
Per your request, there will be a written between the City of Fort Pierce and St. Lucie County for the kiosks. My initial
plan was to provide the kiosks to the municipality and let them handle the installation as well as the maintenance —this
would be the recommended procedure since there may be some liability issues with employees doing work on another
municipality's property. Again, this will be outlined in the agreement. Is this acceptable to you?
Charlotte Lombard
St. Lucie County Tourism
772.462.1539 ofc
772.462.6431 fax
772.480.6375 cell
2300 Virginia Avenue
Ft, Pierce, FL 34982
www.visitstluciefla.com
stwcile
Florida.
rq. Nsel`ce , Nord St, Lurie
Har'srl�inson 15l,'Ind
From: Woody, Tim [mailto•tim woody(2MyFWC.com1
Sent: Monday, February 06, 2012 11:19 AM
To: Charlotte Lombard
1
Cc: Thompson, Katrina
Subject: FBIP Grant 11155 - St. Lucie County Boater Education
Hi Charlotte,
As we discussed on the phone, there is no problem with installing an educational kiosk at a boat ramp owned/managed
by a municipality as long as there is a written agreement between the municipality and the County. The agreement
should authorize the County to install the kiosk and stipulate who will be responsible for maintenance. If you have any
other questions, you may call me at (850) 617-9559. Thanks.
Tim Woody, Program Administrator
Florida Boating Improvement Program
(850)617-9559
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and /
or copying. Your a -mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
<�SH arvo c
? r
'YZR
2
L,q TION COCf`
Florida Fish July 1, 2011
and Wildlife
Conservation
Commission
Charlotte Lombard, Tourism Manager
St. Lucie County Board of County Commissioners
Commissioners
Kathy Barco
2300 Virginia Avenue
Chairman
Fort Pierce, FL 34982
Jacksonville
Kenneth W. Wright
Vice chairman
RE: Florida Boating Improvement Program Application #11-039
Winter Park
St. Lucie Boating Education
Rodney Barreto
Miami
Ronald M. Bergeron
Dear Ms. Lombard:
Fort Lauderdale
Richard A. Corbett
The Florida Boating Improvement Program (FBIP) Evaluation Committee met
Tampa
on June 21, 2011 to score and rank the applications for fiscal year 2011-2012
Dwight Stephenson
Beach
funding. Based on the score the application received and its ranking among the
Delray
Brian S. Yablonski
other applications, I am pleased to inform you that the project, St. Lucie
Tallahassee
Boating Education, has been awarded funding in the amount of $62,997.00.
Executive Staff
Our staff will provide St. Lucie County with a grant agreement for review.
Nick Wiley
grant However, the t agreement will not be executed until signed by both parties.
g
Executive Director
Do not begin work on the project until the grant agreement is fully
Greg Holder
Assistant Executive Director
executed. The FBIP will'not reimburse St. Lucie County for any funds spent
Karen Ventimiglia
prior to the execution of a grant agreement unless pre -award costs were
Chief of Staff
requested and pre -approved.
Division of
Law Enforcement
Colonel Jim Brown
Director
If you have any questions, please contact me at (850) 410-0656, extension
17173, or Ms. Katrina Thompson at extension 17382 or email
fbip@MyFWC.com.
(850) 488-6251 Sincerely,
(850) 921-6453 FAX y,
1(/
Managing fish and wildlife Tim Woody, Program Administrator
resources for their long-term Florida Boating improvement Program
of people. and the benefit Boating and Waterways Section
620 South Meridian Street /tw
Tallahassee, Florida
32399-1600
Voice: (850) 488-4676
Hearing/speech-impaired:
(800) 955-8771(T)
(800) 955-8770 (V)
MyFWC.com
Florida Fish
and Wildlife
Conservation December 29, 2011
Commission
Commissioners
Kathy Barco Charlotte Lombard, Tourism Manager
Chairman
Jacksonville St. Lucie County Board of County Commissioners
Kenneth W. Wright 2300 Virginia Avenue
Vice Chairman Fort Pierce, Florida 34982
Winter Park
Ronald M. Bergeron
Fort Lauderdale
RE: Contract No. 11155
Florida Boating Improvement Program (FBIP) Grant Agreement
Richard A. Corbett
Tampa
St. Lucie Boating Education
Charles W. Roberts III
Tallahassee
Dear Ms. Lombard:
Dwight Stephenson
Delray Beach
Enclosed are two (2) originals of the Grant Agreement for the FY 11/12
Brian S. ablonski
Tallahassee
FBIP grant award to St. Lucie County for the St. Lucie Boating
Education project. Please have the Grant Agreement reviewed, signed by
the authorized designee and return all originals to me. Upon full execution,
Executive Staff
Nick Wiley
an original will be returned to your office.
Executive Director
Greg Holder
If you have any questions or need further information, please call me at
Assistant Executive Director
(850) 617-9559, or e-mail tim woody@MyFWC.com. You may also contact
Karen Ventimiglia
Katrina Thompson at (850) 617-9593, or email
Chief of Staff
katrina.thompson@M-vFWC.com.
Division of Law
Sincerely,
Enforcement
Colonel Jim Brown
1-1-7
Director
t16
(850) 488-6251
(850) 921-5786 FAX
Tim Woody, Program Administrator
Florida Boating Improvement Program
Wildlife e Alert
Boating Btin and Waterways Section
88-404-3922
8
Managing fish and wildlife
resources for their long-term
well-being and the benefit
of people.
620 South Meridian Street
Tallahassee, Florida
32399-1600
Voice: (850) 488-4676
Hea rinespeech-impaired:
(800) 955-8771(T)
(800) 955-8770 (V)
/tw
Enclosures
MyFWC.com
FWC Contract No. 11155
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida
32399-1600, hereafter "COMMISSION," and the ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereafter
"GRANTEE" to conduct a boater education project, hereafter "Project," using funds from the Florida
Boating Improvement Program, hereafter "Program."
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth,
agree as follows:
SCOPE OF SERVICES
1. The GRANTEE shall implement.and complete the project as described in Attachment A, Scope of
Work, attached hereto and made a part hereof, and in Florida Boating Improvement Program (FBIP)
Grant Application No. 11-039, incorporated herein by reference. All project activities must be
completed during the time span provided herein for that portion of the Agreement.
2. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement.
Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and may result in
termination of the Agreement by the COMMISSION.
3. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in
providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
4. The GRANTEE shall be required to procure goods and services through the competitive solicitation
process defined by Chapter 287, Florida Statutes. The GRANTEE shall forward one copy of any
solicitation to the COMMISSION's Program Administrator for review prior to soliciting for quotations or
commencing any work. The COMMISSION's Program Administrator shall have 30 working days for
review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered
to. The GRANTEE shall forward one copy of the bid tabulation, or similar list of responses to the
solicitation, along with the award recommendation to the COMMISSION's Program Administrator.
5. The GRANTEE, at its expense, shall acknowledge the COMMISSION and the Program as a funding
source for the Project as described in Attachment A, Scope of Work. Any other form of
acknowledgement must be approved by the COMMISSION's Program Administrator. Such
acknowledgement shall be maintained for the duration of the Agreement. Failure by the GRANTEE
to maintain such acknowledgement shall be considered a breach of the Agreement.
6. The GRANTEE shall provide a draft of any printed materials to be produced with grant funds to the
COMMISSION for approval prior to final printing and submission for payment. Further, at least 21
days prior to printing the COMMISSION shall review and approve all proposed publications that will
be funded by this Agreement to ensure that environmental and boating safety issues are effectively
addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed
material prior to its release from the printing vendor. The GRANTEE agrees to inform the
COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise
this option
Page 1 of 9
FWC Contract No. 11155
REPORTING REQUIREMENTS
7. The GRANTEE shall submit to the COMMISSION, on a monthly basis, project progress reports
outlining the progress of the Project, identifying any problems that may have arisen, and actions
taken to correct such problems. Such reports shall be submitted on the Project Progress Report
Form attached hereto and made a part hereof as Attachment B. Reports are due to the
COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion
is submitted.
8. Upon completion of the tasks described in Attachment A, Scope of Work, the Project Manager for the
GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a
part hereof, that certifies the Project was completed in accordance with the Scope of Work and the
Agreement.
PERFORMANCE AND MONITORING
9. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
COMMISSION.
10. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to
fully perform the contract requirements and the integrity and reliability that will assure good -faith
performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S.,
and all other applicable rules and laws.
11. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required
by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon
request.
12. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project,
including the construction contract, materials purchase, engineering, master plan or force account
labor performed at any Project site.
13. For the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all
costs associated with ordinary and routine operations and maintenance of the Project, including any
and all personnel, equipment, service or supplies costs beyond the costs approved herein for
reimbursement.
14. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be fully responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable
to any sub -grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract
and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
15. If applicable, all engineering must be completed by a professional engineer or architect registered in
the State of Florida. All work must meet or exceed minimum design standards and guidelines
established by all applicable local, state and federal laws.
TERM OF AGREEMENT
16. This Agreement shall begin upon execution by both parties and end December 31, 2012, inclusive.
The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution
date of this Agreement nor after the termination date of the Agreement.
Page 2 of 9
FWC Contract No. 11155
17. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval.
Failure to execute this Agreement shall render the award of funds null and void, and shall result in
termination of this Agreement.
COMPENSATION
18. For satisfactory completion of the tasks described in Attachment A, Scope of Work, by the GRANTEE
under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost
reimbursement basis in an amount not to exceed $62,997.
19. The GRANTEE agrees to provide 13.59% of the total cost of the Project as indicated in FBIP Grant
Application No. 11-039, incorporated herein by reference. The total compensation by the
COMMISSION shall not exceed 86.41 % of the total cost.
PAYMENTS
20. The COMMISSION shall pay the GRANTEE for satisfactory performance upon submission of
invoices, accompanied by required reports or deliverables, and after acceptance of services and
deliverables in writing by the COMMISSION's Program Administrator. Each invoice shall include the
FWC Contract Number and the GRANTEE's Federal Employer Identification (FEID) Number and
should be in a format similar to Attachment D, Sample Invoice Form. An original and three (3) copies
of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. Invoices may be submitted at the completion of the Project or quarterly on the
following schedule:
First invoice due six months from the date of execution,
Second invoice due nine months from the date of execution,
Third invoice due twelve months from the date of execution,
Final invoice must be submitted within 30 days after completion of the tasks described in
Attachment A, Scope of Work.
21. Program funds shall be disbursed to the GRANTEE only after pre -approved phase or final completion
of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for
documented and verified costs. The COMMISSION will not pre -approve or disburse any Program
funds in advance. Failure to complete the Project and make final payment request to the
COMMISSION within the stipulated period shall result in termination of this Agreement. Any
funds not disbursed or expended by the end of the stipulated period are subject to the
provisions of Chapter 216.301, Florida Statutes.
22. No travel expenses are authorized under the terms of this Agreement.
23. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller
Contract Payment Requirements as shown in the Department of Financial Services, Bureau of
Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and
made a part hereof as Attachment E.
24. The COMMISSION shall have 45 working days to inspect and approve goods and services.
25. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE
prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict
any or all payment of Program funds pending correction of such deficiencies.
26. For contracts whose term extends beyond the State fiscal year in which encumbered funds were
appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual
appropriation by the Legislature.
Page 3 of 9
FWC Contract No. 11155
27. Invoices, including backup documentation, shall be submitted to:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, FL 32399-1600
TERMINATION
28. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the
GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. The COMMISSION
may terminate this Agreement at any time with or without cause by a written notice by certified mail,
return receipt requested, from the COMMISSION to the GRANTEE. Upon receipt of such notice, the
GRANTEE shall, unless the notice directs otherwise, immediately discontinue all grant activities
authorized hereunder. Upon termination of this Agreement, the GRANTEE shall promptly render to
the COMMISSION all property belonging to the COMMISSION. For the purposes of this section,
property belonging to the COMMISSION shall include, but shall not be limited to, all books and
records kept on behalf of the COMMISSION.
29. Either party may terminate this Agreement by giving written notice to the other party, at least 30 days
prior to the termination date, by certified mail, return receipt requested. The COMMISSION reserves
the right to restrict any or all payment of Program funds if the Agreement is terminated at the
convenience of the GRANTEE.
TAXES
30. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay
any taxes on the services or goods purchased under the terms of this Agreement.
NOTICES
31. Any and all notices shall be delivered to the parties at the following addresses (or such changed
address or addressee as may be provided by notice). A notice or other communication shall be
deemed received by the addressee on the next business day after having been placed in overnight
mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar
service. Notices sent by means other than overnight delivery shall be deemed received when
actually received by the addressee:
GRANTEE
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982
Phone: (772) 462-1539
Fax:
Email: lombardc@stlucieco.org
Attn: Charlotte Lombard, Project Manager
AMENDMENT OR MODIFICATION
COMMISSION
Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850) 488-5600
Fax: (850) 488-9284
Email: fbip@MyFWC.com
Attn: Tim Woody, Program Administrator
32. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
Page 4 of 9
FWC Contract No. 11155
contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION
may at any time, by written order designated to be a Modification, make any change in the work
within the general scope of this Agreement (e.g., specifications, schedules, method or manner of
performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of
both parties as evidenced in writing. Any Modification that causes an increase or decrease in the
GRANTEE's cost or the term of the Agreement shall require a formal amendment.
RELATIONSHIP OF THE PARTIES
33. The GRANTEE shall perform as an independent party and not as an agent, representative, or
employee of the COMMISSION. The GRANTEE covenants that it presently has no interest and shall
not acquire any interest that would conflict in any manner or degree with the performance of services
required. The parties agree that there is no conflict of interest or any other prohibited relationship
between the GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
34. To the extent required by law, the GRANTEE will either be self -insured for Worker's Compensation
claims, or will secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this project. If any work is
subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the
GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory
to the COMMISSION, for the protection of his employees not otherwise protected.
35. Employers who have employees who are engaged in work in Florida must use Florida rates, rules,
and classifications for those employees. In the construction industry, only corporate officers of a
corporation or any group of affiliated corporations may elect to be exempt from workers'
compensation coverage requirements. Such exemptions are limited to a maximum of three per
corporation and each exemption holder must own at least 10% of the corporation. Independent
contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and
must maintain workers' compensation insurance.
36. The GRANTEE warrants and represents that it is self -funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
GRANTEE's officers, employees, servants and agents while acting within the scope of their
employment with the GRANTEE.
PUBLIC RECORDS
37. All records in conjunction with this Agreement shall be public records and shall be treated in the same
manner as other public records are under Chapter 119, Florida Statutes. This Agreement may be
unilaterally canceled by the COMMISSION for refusal by the GRANTEE 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 by the GRANTEE in conjunction with this Agreement.
RECORD KEEPING REQUIREMENTS
38. The GRANTEE shall . maintain accurate books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance
of this Agreement, in accordance with generally accepted accounting principles. The GRANTEE shall
allow the COMMISSION, the State, or other authorized representatives, access to periodically
inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and
Page 5 of 9
FWC Contract No. 11155
any and all similar material. Such audit may include examination and review of the source and
application of all funds whether from the state, local or federal government, private sources or
otherwise. These records shall be maintained for five (5) years following the close of this Agreement.
In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly
maintain and allow access to such records for audit purposes.
LIABILITY
39. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
NON-DISCRIMINATION
40. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
PROHIBITION OF DISCRIMINATORY VENDORS
41. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids, proposals,
or replies 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.
PROHIBITION OF UNAUTHORIZED ALIENS
42. In accordance with Executive Order 96-236, the COMMISSION shall consider the employment by the
GRANTEE of unauthorized aliens a violation of section 274A(e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the
GRANTEE knowingly employs unauthorized aliens. The GRANTEE shall be responsible for including
this provision in all subcontracts with private vendors issued as a result of this Agreement.
EMPLOYMENT ELIGIBILITY VERIFICATION
43. The GRANTEE shall enroll in and use the U.S. Department of Homeland Security's E-Verify
Employment Eligibility Verification System (hftp://www.uscis.gov/portal/site/uscis) to verify the
employment eligibility of all new employees hired by the GRANTEE during the term of this
Agreement.
44. The GRANTEE shall include in any subcontracts for the performance of work or provision of services
pursuant to this Agreement the requirement that the subcontractor use the E-Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the contract term.
45. The GRANTEE further agrees to maintain records of its participation and compliance with the
provisions of the E-Verify program, including participation by its subcontractors as provided above,
and to make such records available to the COMMISSION or other authorized state entity consistent
with the terms of the GRANTEE's enrollment in the program. This includes maintaining a copy of
proof of the GRANTEE's and subcontractors' enrollment in the E-Verify Program (which can be
accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's.
homepage).
46. Compliance with the terms of the Employment Eligibility Verification provision is made an express
Page 6of9
FWC Contract No. 11155
condition of this Agreement and the COMMISSION may treat a failure to comply as a material breach
of the Agreement.
NON -ASSIGNMENT
47. This Agreement is an exclusive contract for services and may not be assigned in whole or in part
without the written approval of the COMMISSION. Any such assignment or attempted assignment
shall be null and void.
PROHIBITION OF CONTINGENT FEES
48. The GRANTEE warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the GRANTEE, 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 GRANTEE, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
REMEDIES
49. It is understood by the parties that remedies for damages or any other remedies provided for herein
shall be construed to be cumulative and not exclusive of any other remedy otherwise available under
law.
SEVERABILITY AND CHOICE OF VENUE
50. This Agreement has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall
be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in
Leon County, Florida.
NO THIRD PARTY RIGHTS
51. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges
or interest to any third party.
JURY TRIAL WAIVER
52. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or
proceeding brought by any party against any other party pertaining to any matter whatsoever arising
out of or in any way connected with this Agreement, or with the products or services provided under
this Agreement; including but not limited to any claim by the GRANTEE of quantum meruit.
PROPERTY/EQUIPMENT
53. The GRANTEE is not authorized to use funds provided herein for the purchase of any
non -expendable equipment or personal property valued at $1,000 or more for performance under this
Agreement.
Page 7of9
FWC Contract No. 11155
FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS
54. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non -
State organizations that are recipients of State financial assistance to comply with the audit
requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must
comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment F, titled
Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the
Agreement, as applicable.
55. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
state agency.
RIGHTS IN PROPERTY, COPYRIGHTS, AND INVENTIONS
56. All items, materials or products, of any description, produced or developed by the GRANTEE on
behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the
COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as
provided by Florida ' law. Neither the GRANTEE nor any of its subcontractors shall have any
proprietary interest in the products and materials developed under this Agreement.
57. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions
and/or processes that may result from any experimental or developmental research performed under
this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government
may reserve ultimate jurisdiction over title and right privileges.
58. Regardless of title or ownership of the products and materials developed under this Agreement, the
COMMISSION and the State of Florida shall reserve a royalty -free, nonexclusive, irrevocable right to
reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is
involved in support of this Agreement, the Federal Government shall also reserve a royalty -free,
nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental
purposes.
ENTIRE AGREEMENT
59. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the parties
hereto, unless otherwise provided herein.
(Remainder of page intentionally left blank.)
Page 8 of 9
FWC Contract No. 11155
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through
their duly authorized signatories on the day and year last written below.
ST. LUCIE COUNTY BOARD
OF COUNTY COMMISSIONERS
Chairman, or designee*
Date
Name (Print)
Grantee Name
Address
City, State, and Zip Code
Federal Employer Identification Number (FEID)
Approved to form and legality:
Grantee Attorney
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Executive Director, or designee
Date
Name (Print)
Approved as to form and legality:
Commi ion torney
List of attachments/exhibits included as part of this Agreement:
Attachment A: Scope of Work
Attachment B: Project Progress Report Form
Attachment C: Certification of Completion Form
Attachment D: Sample Invoice Form
Attachment E: Comptroller Cost Reimbursement Requirements
Attachment F: Federal/Florida Single Audit Act Requirements
Exhibit 1: Funds awarded pursuant to agreement
*If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign
the Agreement on behalf of the local governing body must accompany the Agreement.
Page 9 of 9
FWC Contract # 11155
ATTACHMENT "A
SCOPE OF WORK
St. Lucie Boating Education
INTRODUCTION
With a deep water port and safe inlet to the Atlantic Ocean, St. Lucie County is a busy area for boating.
In addition to the inlet, the County provides boaters with access to the Indian River Lagoon, the St. Lucie
River, and an extensive canal system. According to the Florida Fish and Wildlife Conservation
Commission (COMMISSION), there were eight reportable accidents in St. Lucie County in 2010. These
accidents resulted in two fatalities, two injuries, and $134,500 in property damage. The purpose of this
project is to raise awareness about safe boating and to promote boating in St. Lucie County.
St. Lucie County (GRANTEE) will produce a St. Lucie County Boater's Guide that will provide boaters
with information about boating access facilities in the county, charts, safety information, and information
on recreational opportunities. Also, a condensed version of the Boater's Guide will be provided in a
brochure and a poster -sized display. In addition, St. Lucie County will implement their "Get Stopped"
campaign. Boaters who are wearing a life jacket when stopped will be given a discount card to use at
local shops and restaurants. Finally, St. Lucie County will promote boating in the county by airing a
television spot on cable stations in Tampa and Orlando.
TASKS
The GRANTEE shall be responsible for completion of the following tasks:
Task #1 — St. Lucie County Boater's Guide
Produce a 10-page, full -color booklet that will include the following: a map listing all boat access facilities
in St. Lucie County, the number of parking spaces per boat ramp, public docking, marina, and storage
facilities; charts showing distances between Jacksonville and Miami including inlet to inlet; information
about bridges; information about proper disposal of contaminants; information about VHF radios; and
information about fishing and whale watching.
A. Draft a preliminary boater's guide
B. Submit draft of boater's guide to the COMMISSION for review
C. Upon approval from the COMMISSION, produce 14,000 boater's guides
D. Distribute boater's guides through the tax collector's office, at marinas, yacht and sailing clubs,
bait and tackle shops, and other marine businesses.
Task #2 — Boater's Carry -out Guide
Produce a full -color, waterproof, tri-fold brochure to be a reduced version of the St. Lucie County Boater's
Guide.
A. Draft a preliminary brochure
B. Submit draft brochure to the COMMISSION for review
C. Upon approval from the COMMISSION, produce 5,000 Boater's Carry -out Guides
D. Install twelve (12) kiosks at major boating facilities to distribute the brochures
Task #3 — Displays
Produce a full -color, poster -sized display to be a reduced version of the St. Lucie County Boater's Guide.
A. Draft a preliminary display
B. Submit draft display to the COMMISSION for review
C. Upon approval from the COMMISSION, produce twenty (20) displays
D. Install twenty (20) displays in marinas and bait/tackle shops
Pagel of 3
FWC Contract # 11155 ATTACHMENT A
Task #4 — "Get Stopped!" Campaign
A. Produce 500 cards that offer discounts at restaurants and stores
B. Distribute cards to boaters who are wearing a personal floatation device
Task #5 — Television Spot
Produce a 30-second television spot to promote boating in St. Lucie County
A. Draft a preliminary script for the television spot
B. Submit draft spot to the COMMISSION for review
C. Upon approval from the COMMISSION, produce final television spot
D. Broadcast 500 television spots on cable station in Tampa and Orlando
DELIVERABLES
A. Draft St. Lucie County Boater's Guide
B. Draft Carry -out Guide
C. Draft display
D. Draft television spot
E. Final Report: Provide to the COMMISSION a final report that includes one copy of the final St.
Lucie County Boater's Guide; one copy of the final Carry -out Guide; a list of locations where the
displays were installed with photos of the installed displays; a list of locations where the kiosks
were installed and photos of the installed kiosks; a CD or DVD with the final television spot; and
an Affidavit of Performance showing the dates, times, and stations where the television spot was
broadcast.
ACKNOWLEDGEMENT
The GRANTEE shall acknowledge the COMMISSION and the Florida Boating Improvement Program as a
funding source on all printed materials for distribution and in the television advertising. The
acknowledgement shall display the COMMISSION's official logo.
REPORTS
A. Project Progress Reports
The GRANTEE shall submit to the COMMISSION, on a monthly basis, project progress reports
outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and
actions taken to correct such problems. Such reports shall be submitted on the Project Progress
Report Form provided by the COMMISSION. Reports are due to the COMMISSION's Program
Administrator by the 15th of each month until the Certification of Completion is submitted.
B. Bid Package
The GRANTEE shall forward one copy of any bid package to the COMMISSION's Program
Administrator for review prior to soliciting for quotations or commencing any work. The
COMMISSION's Program Administrator shall have 30 working days for review. This review shall
ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall
forward one copy of the bid tabulation to the COMMISSION's Program Administrator to ensure the
requirements of Chapter 287, F.S., have been met.
C. Certification of Completion
Upon completion of Phase I, the engineer, architect or other appropriate professional for the
GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies
Phase I of the Project was completed in accordance with the prepared plans and specifications.
Page 2 of 3
FWC Contract # 11155
ATTACHMENT A
INVOICES AND PAYMENTS
For satisfactory completion of the above services, the COMMISSION agrees to pay the GRANTEE on a
cost reimbursement basis an amount not to exceed $62,997. The GRANTEE may submit a request for
reimbursement, accompanied by the required reports, at the completion of the Project or quarterly on the
following schedule:
First invoice due six months from the date of execution,
Second invoice due nine months from the date of execution,
Third invoice due twelve months from the date of execution,
Final invoice must be submitted no later than 30 days following completion of the tasks described
in this Scope of Work.
Requests for reimbursement shall include an invoice in a form similar to Attachment D, Sample Invoice
Form; an Affidavit of Performance; and required documents as described in Attachment E, Comptroller
Contract Payment Requirements. The final reimbursement request shall also include a signed
Certification of Completion form (Attachment C).
Page 3 of 3
" FWC Contract No. 11155 ATTACHMENT B
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract #
Grantee:
Project Title:
Reporting Period (Month/Year):
(Due 15 days after the end of each month)
1. Describe progress of project, including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑
Anticipated Phase I completion date:
(If project is not on schedule, please explain any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
❑ Plans / drawings
❑ Bid package
❑ Bid tabulation
❑ Progress photographs
❑ Final photographs
❑ Draft acknowledgement
❑ Site dedication form
Project Manager
Date
Page 1 of 1
FWC Contract No. 11155
ATTACHMENT C
I,
representing
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Florida Boating Improvement Program
CERTIFICATION OF COMPLETION STATEMENT
(Print Name and Title)
(Name of Local Government)
do hereby certify that the Florida Boating Improvement Program project funded by FWC
Contract No. has been completed in compliance with all terms and conditions of
said Agreement; that all amounts payable for :materials, labor and other charges against the
project have been paid; and that no liens have been attached against the project.
(Signature)
(Date)
WARNING: "Whoever knowingly makes a false statement in writing with &- intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above -named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Name:
Title:
Date:
' FWC Contract No. 11155
ATTACHMENT D
SAMPLE INVOICE FORM
Billed to:
Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399-1600
FWC Contract #:
Amount of Grant Award: $
Invoice Date:
Remit payment to:
Grantee:
FEID #:
Address:
PROJECT COSTS:
Dates of Service:
From:
To:
Colt�` �+, � F�"S.ei,:$��. i�^.5d...5 i'�, �� sy+v .S.F.k J! h b!''�}+t�iff �5��"¢ bi �`{i'� 4 3 >i. 'Y±+��Y F '✓ f�ti L� &�i1 ��R
fitq s o, easy f.,z d„,. , :w #'3
j•:�8-•�X' ?+�taE' ��"� ',t�'iv, �F 7 �}t � `' ie ?q t ,i�2JI. }��d Y�i'•'ai� 4t. F:.d?:2'�??"`T{i�.r�+ r v�i7, {'', � f n j.�"t # YL
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�Y a..I• 4'�y�.�Ti
ount ♦�.vr, ;�k,
1/t 7yn("j k�'Lt r1 ;A`l' `A 15
In -kind service: Administration
$
In -kind service: Project Management
$
In -kind service: Other
$
q
'PoJs ° #Y Y•`Y-> F` J;fy/. f•. 3 §. ,.t... \ c y4 ?ti'5 ��v4� ,_y ixT }\. �v.,'iit z�i 14�'efb: a'a.�vti`.s,1 k* ,�'� ai,..�:`�' �.. _ / h"/3Si
> �j �., •• $�wi. ,x:.;t:.ak e,. ram. P w 3"t, 4 't. [`;,t" f
.�1�Ffi;L' '(
"FJ..^Y' •�^
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��yO�,st
$
W
$
$
$
$
$
Total Project Cost: $
Grantee Matching Funds ( %): — $
Amount for Reimbursement: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in -kind or cash, were utilized toward the project in this Agreement.
Signed:
Project Manager
Date:
Page 1 of 2
FWC Contract No. 11155
ATTACHMENT D
FLORIDA BOATING IMPROVEMENT PROGRAM
Partial Payment Request Form
FWC Contract #
FEID #
Project Tide:
Payment No. Dates of Service:
Amount $ Percentage of Completion:
Brief Description — Project Summary:
Describe below deliverables completed to document percentage of work completed for invoice submitted:
Signature
Title
Date
Page 2 of 2
FWC Contract No. 11155 ATTACHMENT E
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Page 1 of 1
FWC Contract No. 11155 ATTACHMENT F
REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the
Commission as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site
visits by Commission 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 with any
monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Commission staff to the recipient regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
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 to this agreement indicates Federal resources awarded through
the Commission 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
Commission. 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.
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.
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. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and 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).
PART II: STATE FUNDED
This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2)(1), Florida
Statutes.
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 Comptroller; and Chapters 10.550 (local governmental entities)
Page 1 of 3
FWC Contract No. 11155 ATTACHMENT F
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 Commission 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 Commission
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.
In connection with the audit requirements addressed in Part II, 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. In the
event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an 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).
PART III: OTHER AUDIT REQUIREMENTS
There are no other audit requirements
PART IV: REPORT SUBMISSION
Copies of 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:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
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, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101h Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular.A-133, as revised, and any management
letter issued by the auditor, to the Commission at the following address:
Page 2 of 3
FWC Contract No. 11155 ATTACHMENT F
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
Copies of reports or the management letter required by PART III of this agreement shall be submitted by
or on behalf of the recipient directly to:
The Commission the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Commission for audits done in
accordance with OMB Circular A-133 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
reporting package was delivered to the recipient in correspondence accompanying the reporting package.
Contact the Commission's Audit Director by phone at (850) 488-6068.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its
designee, Comptroller, or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Commission or its designee, Comptroller, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless
extended in writing by the Commission.
Page 3 of 3
FWC Contract No. 11155 EXHIBIT -1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
None.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
None.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS•
None.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Agency: Florida Fish and Wildlife Conservation Commission
State Program: Florida Boating Improvement Program
CSFA No.: 77.006
Recipient: St. Lucie County Board of County Commissioners
Amount: $62,997
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Project activities must occur on public lands owned outright or managed under agreement with
another party with lease terms exceeding 20 years.
2. Project activities must not create a boating safety hazard and/or increase the potential for damage to
natural resources.
3. Recipient must comply with the Florida Boating Improvement Program Guidelines, February 2010.
4. Recipient must comply with all Commission rules, policies and procedures as well as all other state
and federal rules.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
Page 1 of 1
INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY
AND THE CITY OF FORT PIERCE FOR
INSTALLATION AND MAINTENANCE OF
KIOSKS AT BOAT RAMPS
THIS AGREEMENT made and entered into this day of , 2012, between
CITY OF FORT PIERCE, a Florida municipal corporation, hereinafter referred to as the "City" and
ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
"County".
WHEREAS, the County has recently secured a Florida Boating Improvement Grant (the
"Grant") from the Florida Fish and Wildlife Conservation Commission; and
WHEREAS, a portion of the Grant includesthe purchase of information kiosks for area boat
ramps; and
WHEREAS, the City operates boat ramps WHERE the County would like to UTILIZE THE
Grant to fund the purchase of information kiosks; and
WHEREAS, the City has agreed to install and maintain the kiosks
IN CONSIDERATION OF THE MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties
hereto mutually agree as follows:
1. COUNTY RESPONSIBILITIES: The County will allocate funds from the Grant to
purchase the information kiosks and will provide the information brochures for the kiosk for the
duration of the Grant.
The County will provide kiosks at the following City -operated boat ramps:
Black Pearl Boat Ramp at Fisherman's Wharf
800 North Indian River Drive, Fort Pierce
Jaycee Park
South Ocean Drive and Melaleuca Drive, South Hutchinson Island
Fort Pierce
Riverwalk Boat Ramp (behind the Manatee Center)
600 North Indian River Drive, Fort Pierce
S.\ATTY\AGREEMNT\INTERLOC\fp.Boating Improvement Grant.wpd
2. CITY RESPONSIBILITIES: The City agrees to install and provide ongoing maintenance
to the kiosks. The City agrees to provide the informational brochures for the kiosks after the
expiration of the Grant.
3. COMPLETE UNDERSTANDING: The Agreement contains a complete understanding
of the parties hereto, notwithstanding any previous written or oral understandings between the
parties on the same subject.
4. NOTICES: Any notice, payment, demand, or communication required or permitted
to be given by any provision of this Agreement shall be in writing and shall be deemed to have
been delivered and given for all purposes, whether or not the same is actually received, if sent by
registered or certified mail, postage and charges prepaid, and addressed to the parties at the
following addresses:
As to City• With a cop, to:
Fort Pierce City Manager Fort Pierce City Attorney
Post Office Box 1480 Post Office Box 1480
Fort Pierce, Florida 34954
Fort Pierce, Florida 34954
As to County: With a copy to:
St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
or to such other address as the parties may from time to time specify by writing. Any such notice
may at any time be waived by the person entitled to receipt of such notice.
5. AMENDMENTS: No amendment,modification, or waiver of this Agreement, or any
part hereof, 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. .
6. FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they will
execute and deliver such further instruments and do such further acts and things as may be
necessary or desirable to carry out the purposes of this Agreement.
7. SECTIONS -CAPTIONS: Sectionsand other captions contained in this Agreement are
for reference purposes only and are in no way intended to describe, interpret, define or limit the
scope, extent of intent of this Agreement or any provision hereof.
s:\ATTY\AGREEMNT\INTERLOC\fp.Boating Improvement Grant.wpd
8. SEVERABILITY: Each provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegibility or invalidity
shall not effect the validity of the remainder of this Agreement.
9. GOVERNING LAW: This Agreement and the rights of the Parties shall be governed
by and construed or enforced in accordance with the laws of the State of Florida.
10. FILING: EFFECTIVE DATE: This Agreement shall be filed with the Clerk of the Circuit
Court of St. Lucie County, prior to its effectiveness.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their
respective names by their proper officials and under their official seals this day of
2012.
ATTEST:
BY:
Deputy Clerk
ATTESTS:
BY:
Clerk
5:\ATTY\AGREEMNT\INTERLOC\fp.Boating Improvement Grant.wpd 3
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
CITY OF FORT PIERCE
BY:
Mayor
APPROVED AS TO FORM AND
CORRECTNESS
BY:
City Attorney
INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY
AND THE CITY OF PORT ST. LUCIE FOR
INSTALLATION AND MAINTENANCE OF
KIOSKS AT BOAT RAMPS
THIS AGREEMENT made and entered into this day of , 2012, between
CITY OF PORTST. LUCIE, a Florida municipal corporation, hereinafter referred to as the "City" and
ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
"County".
WHEREAS, the County has recently secured a Florida Boating Improvement Grant (the
"Grant") from the Florida Fish and Wildlife Conservation Commission; and
WHEREAS, a portion of the Grant includes the purchase of information kiosks for area boat
ramps; and
WHEREAS, the City operates boat ramps where the County would like to utilize the Grant
to fund the purchase of information kiosks; and
WHEREAS, the City has agreed to install and maintain the kiosks.
IN CONSIDERATION OF THE MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties
hereto mutually agree as follows:
1. COUNTY RESPONSIBILITIES: The County will allocate funds from the Grant to
purchase the information kiosks and will provide the information brochures for the kiosk for the
duration of the Grant.
The County will provide kiosks at the following City -operated boat ramps:
Veterans Park at Rivergate
2200 SE Midport Road, Port St. Lucie
Oak Hammock
1982 SW Villanova Road, Port St. Lucie
2. CITY RESPONSIBILITIES: The City agrees to install and provide ongoing maintenance
to the kiosks. The City agrees to provide the informational brochures for the kiosks after the
expiration of the Grant.
S:\ATTY\AGREEMNT\INTERLOC\psl.Boating Improvement Grant.wpd
3. COM LETE UNDERSTANDING: The Agreement contains a complete understanding
of the parties hereto, notwithstanding any previous written or oral understandings between the
parties on the same subject.
4. NOTICES: Any notice, payment, demand, or communication required or permitted
to be given by any provision of this Agreement shall be in writing and shall be deemed to have
been delivered and given for all purposes, whether or not the same is actually received, if sent by
registered or certified mail, postage and charges prepaid, and addressed to the parties at the
following addresses:
As to City: With a copv —to.-
Port St. Lucie City Manager Port St. Lucie City Attorney
121 SW Port St. Lucie Boulevard 121 SW Port St. Lucie Boulevard
Port St. Lucie, Florida 34984 Port St. Lucie, Florida 34984
As to County., With a copy to:
St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
or to such other address as the parties mayfrom time to time specify by writing. Any such notice
may at any time be waived by the person entitled to receipt of such notice.
5. AMENDMENTS: No amendment,modification, or waiver of this Agreement, or any
part hereof, 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.
6. FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they will
execute and deliver such further instruments and do such further acts and things as may be
necessary or desirable to carry out the purposes of this Agreement.
7. SECTIONS -CAPTIONS: Sections and other captions contained in this Agreement are
for reference purposes only and are in no way intended to describe, interpret, define or limit the
scope, extent of intent of this Agreement or any provision hereof.
8. SEVERABILITY: Each provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegibility or invalidity
shall not effect the validity of the remainder of this Agreement.
S:\ATTY\AGREEMNT\INTERLOC\psl.Boating Improvement Grant.wpd
9. GOVERNING LAW: This Agreement and the rights of the Parties shall be governed
by and construed or enforced in accordance with the laws of the State of Florida.
10. FILING• EFFECTIVE DATE: This Agreement shall be filed with the Clerk of the Circuit
Court of St. Lucie County, prior to its effectiveness.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their
respective names by their proper officials and under their official seals this day of
2012.
ATTEST:
BY:
Deputy Clerk
ATTESTS:
BY:
Clerk
S:\ATN\AGREEMNT\INTERLOC\psl.Boating Improvement Grant.wpd 3
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
CITY OF PORT ST. LUCIE
BY:
Mayor
APPROVED AS TO FORM AND
CORRECTNESS
BY:
City Attorney
ITEM NO.
VI-C2
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
DATE:
AGENDA REQUEST REGULAR
BOARD OF COUNTY COMMISSIONERS
Planning & Development Services/Tourism
Interlocal Agreement — City of Port St. Lucie
See attached memorandum.
611-5210-548010-500
03/06/2012
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY:
Charlotte Lombard
Tourism Coordinato
PREVIOUS ACTION: n/a
RECOMMENDATION: Board approval to enter into an Interlocal Agreement with the City of Port St. Lucie
to contribute $5,000 from tourist development tax revenue towards the Port St.
Lucie Civic Center's marketing efforts and authorize the Chairman to sign the
Interlocal Agreement as drafted by the County Attorney.
COMMISSION ACTION:
( ) APPROVED ( )
( ) OTHER
DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director ( )
Budget Analyst
D.Mclntyre/ r eri
Originating Dept. ( ) e t, ERD ( )
M.Satterlee/Clombard.
M.Gouin
P.Marston
n/a
Planning & Development Services/Tourism
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct
4----
FROM: Charlotte Lombar,,�
Tourism 1
DATE: March 6, 2012
SUBJECT: Interlocal Agreement — City of Port St. Lucie
ITEM NO. VI-C2
Background:
On November 9, 2011, the Tourist Development Council unanimously approved allocating $5,000 of
TDC marketing funds to help market the Port St. Lucie Civic Center for conventions and meetings,
generating room nights at St. Lucie County hotels.
On Monday, February 13, 2012, the Port St. Lucie City Council unanimously approved entering into
the proposed agreement and accepting the $5,000 in marketing funds.
The agreement requires that the funds be matched dollar for dollar. The funding will be used towards
marketing expenses related to the Port St. Lucie Civic Center, including but not limited to, tradeshow
registration and other marketing materials.
Recommendation
Board approval to enter into an Interlocal Agreement with the City of Port St. Lucie to contribute
$5,000 from tourist development tax revenue towards the Port St. Lucie Civic Center's marketing
efforts and authorize the Chairman to sign the Interlocal Agreement as drafted by the County
Attorney.
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PORT ST. LUCIE and
.ST. LUCWCOUNTY
(PORT ST..LUCIE CIVIC CENTER)
THIS AGREEMENT (the "Agreement") is made and entered into this day of
2012, by and between the City 'of Port St. Lucie, a Florida municipal
corporation (hereinafter the. -"City"), and St. Lucie County, a political subdivision of the State of
Florida (hereinafter the "County").
ARTICLE I. BACKGROUND AND OBJECTIVES
WHEREAS, the County acid the City are empowered to enter into interlocal agreements
with public agencies, private corporations or other persons, pursuant to Section 163.01, Florida
Statutes; and,
WHEREAS, the City,owns�and operates Port St: Lucie Civic"Center (hereinafter referred
to as the "Civic Center") and desires- .to market the Civic Center for conventions where
individuals will come from out of town and stay in hotels; and.
WHEREAS, the. County has agreed to contribute five thousand and 00/100 dollars
($.5,000.00) from tourist developmenttax revenue towards the,marketing campaign; and,
WHEREAS, the County and the -city desire to enter into'this Interlocal Agreement.
NOW, THEREFORE, :in consideration of 'these premises and mutual. covenants
contained'herein;:the,part'ies agree as follows:
z
TDC SLC Interlocal 1-9-12
ARTICLE 11. COUNTY FUNDING
The County agrees to contribute five thousand and '00/100 ($5,000.00) dollars to the
City from tourist tax revenues to be used by the City to market the Civic Center. The parties
agree that the County may ,at the County's option, elther retain the monies to directly pay
marketing .expenses related to the Civic Center including but not limited to trade show
registration or provide moniesAlrectly to the City.
ARTICLE III. CITY
1. The City will match all monies provided by the County.
2. The City shall.subfhlt a written report on the expenditure of the fonds to the
Tourism Development. Manager by September 30, 2012. The report on the expenditure of
the. funds from the grant shall include, at a .minimal, the target audience, the marketing
campaign and a copy of any publication, brochure, flyer or poster used to market -the Civic
Center• and document the.matchi6g=funds.
3. 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.P.oblic•;Relations.Specialist.
4. If 'the. grant cannot be used by September 30, 2012 or a subsequent audit
reveak the grant was not used according to this interlocal, any money not used shall be
2
T[]C SLC Int&loc:91J-9= 2
reimbursed::to the County.
ARTICLE IV. NOTICES
All notices. required or permitted to be given- under the terms and provisions of this
Agreement by either party to the other shall be in writing and shall be sent- by registered or
certified mail, return receipt requested, to the parties as follows:
As to'thd!County:
Si. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
As to the City:
With a, copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort.Pierce, Florida 34982
With a copy to:
Port St:. Lucie City Manager Port;St. Lucie.City Attorney
Port -St. Lucie City Nall Port St. Lucie City°Hall
121 Southwest Port St -..Lucie Boulevard 121;Southwest Port�St. Lucie Boulevard
Port St-., Lucie, Florida 34984 Port St.Lucie, Florida 34984
or to such other address as may hereafter be provided by;the parties' in writing. Notices by
registered or certified mail shall be4eemed received on the:delivery date indicated by the U.S.
Postal Service on the return receipt.
:ARTICLE V. III GHTS°OF '6THER$
Nothing in this:.Agreement expressed or implied is intended to confer upon any person
other than the'parties.hereto:any,rights or remedies -under -or by reason of this Agreement.
ARTICLE: VI:. IN1/ALIDtTY`OF. PitOVIS10NS
The'invalidity ofone or.rhore okhe phrases, sentences, clauses, or Articles contained in
3
TOP SLC Intedocal 1-9-12
this Agreement shall not affect the validity of the remaining portion of the Agreement,
provided that the material purposes of this Agreement can be determined and effectuated.
ARTICLE VII. ' ACCESS TO -RECORDS
Both parties agree to allow either party or the public, to access all documents, papers,
letters or other material made or -received in conjunction with this agreement.
ARTICLE Vlll. WHOLE UNDERSTANDING
This Agreement embodies the whole understanding of the parties.. There are no promises,
'terms, conditions or obligations other than those contained herein; and this Agreement shall
supersede all previous communications, representations, Or agreements, either verbal or written,
between the parties hereto.
ARTICLE IX. AMENDMENTS
The Agreement may oniy.:be amended by a written document signed by all parties and filed
with the Clerk of the Circuit Court of St. Lucie County, Florida.
ARTICLE X. EFECTIVENESS,.
This Agreement shall be filed -with the Clerk of:the.Circuit. Court of St. Lucie County, Florida,
Prior to its effectiveness.
IN WITNESS WHEREOF °the .parties hereto have caused this -Agreement to be executed by
their duly -authorized representative(s) on the latest day and year noted below.
ATTEST:
Clerk
TDdi%t inferiocal 9=9=12
CITY OF PORT ST. LUCIE, FLORIDA
BY:
Mayor
APPROVED AS:TjD FORM AND
CORRECTNESS
BY:
4
ATTEST.:t
Deputy Clerk
TPG-:SLC. lhtdfl,cidtil. -1=9ZI- 2
City Attorney
Date: -
BOARD OF COUNTY COMMISSIONERS
ST..LUdE COUNTY, FLORIDA
BY:
Chairman -
Date:
APPROVED AS TO FORM AND
CORRECTNESS:.
BY*
County ?Attorney-
ST. LUCIE COUNTY
TOURIST DEVELOPMENT COUNCIL MEETING
Wednesday, November 9, 20110 12:30 P.M.
MINUTES
Members present: Commissioner Chris Dzadovsky, Chairman
Commissioner Tom Perona, City of Fort Pierce
Paul Taglieri, St.. Lucie Mets
Linda Cox, St. Lucie County Chamber
Michelle Valvano, Perfect Drive Golf Villas
Pam Haney, Holiday Inn Express
Marilyn Minix, Road Runner Travel Resort
Members absent: Vice -Mayor Linda Bartz, City of Port St. Lucie
Chris Egan, Vistana's Beach. Club — Sheraton PGA
Staff present: Lee Ann Lowery, Assistant County Administrator
Charlotte Lombard, Tourism Development Manager
Katherine Barbieri, Assistant County Attorney
Jennifer Garrity, Recording Secretary
Michael Brillhart, Business & Concurrency
Guy Medor, St. Lucie County Parks & Recreation
Also present: John Wilkes, Sunrise Theatre
Tom Colucci, Treasure Coast Sports Commission
Rich Nalbandien, Treasure Coast Sports Commission
Laura O'Brien, Port St. Lucie Civic Center
Scott Evans, Port St. Lucie Civic Center
Robert Casals, Port St. Lucie Civic Center
Robert Carmoody, Hilton Homewood Suites
Carla Scheitele, Hilton Garden Inn
Lisa Gilrane, Holiday Inn & Courtyard Hutchinson Island
Al Schollianos, Castle Pines Golf Villas
Raymond Nau, Melbourne Airport Authority
Laura Diederick, Smithsonian Marine Station
Bryan Beaty, Indian River State College
Scott Kimmelman, Indian River State College
Steve Ripley, Indian River State College
Jon Ward, City of Fort Pierce
Anne Satterlee, City of Fort Pierce
Tonya Taylor, City of Port St. Lucie
Joe Holiday, St. Lucie Professional Arts League
1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at 12:34
PM.
2. ROLL CALL: Jennifer Garrity called roll.
Tourist Development Council Meeting 0 November 9, 2011
3. SELF INTRODUCTION OF GUESTS:
Attending guests identified themselves.
4. APPROVAL OF MINUTES
The minutes from October 12, 2011 were approved.
5. NEW TDC MEMBER APPOINTMENT
Commissioner Dzadovsky announced Chris Egan as the new TDC appointment.
6. FINANCIAL REPORT
Charlotte Lombard reported that September 2011 revenue was up 11 % compared to
September 2010. Year to date revenues are up 14%.
7. SUMMER FISHING CAMPAIGN RESULTS
Charlotte Lombard gave an update on the Summer Fishing campaign. Presentation
attached.
8. PSL CIVIC CENTER PARTERSHIP PROPOSAL
Laura O'Brien from Port St. Lucie Civic Center gave a presentation requesting
funding for marketing convention opportunities for the Civic Center. Michelle Valvano
made a motion to give the Civic Center up to $5000.00, to be worked out with
Charlotte Lombard, as far as for the shows and representation. This is to include
documentation showing that the funds were exclusively used for trade show and
expenses and will be matched dollar for dollar by the Civic Center. Linda Cox
seconded the motion. Motion was approved unanimously. Presentation attached.
9. TREASURE COAST SPORT COMMISSION FUNDING REQUEST
Tom Colucci gave a presentation on the possible American Amateur Baseball
Congress (AABC) tournament. Presentation attached.
10. 2011-2012 TRAVEL GUIDE
Charlotte Lombard presented the 2011-2012 Travel Guide.
11. OTHER BUSINESS
Page 2 of 3
Tourist Development Council Meeting 0 November 9, 2011
12. PUBLIC COMMENT
13. ADJOURNEMNT
Meeting adjourned at 2:21 PM.
Page 3 of 3
Regular City Council Meeting
Page 1 of 4
CITY OF PORT ST. LUCIE
CITY COUNCIL REGULAR MEETING ACTION AGENDA
February 13, 2012
1. MEETING CALLED TO ORDER
2. ROLL CALL
3. INVOCATION & PLEDGE OF ALLEGIANCE
4. PUBLIC TO BE HEARD
5. PROCLAMATIONS AND SPECIAL PRESENTATIONS
a) PROCLAMATION - NATIONAL ENGINEERS' WEEK
View Supporting Documentation
b) PROCLAMATION - HONOR FLIGHT WEEK
View Supporting Documentation
6. ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
ACTION: Motion passed unanimously to approve Agenda
7. APPROVAL OF CONSENT AGENDA
a) APPROVAL OF MINUTES - JANUARY 9, 2012, BOARD OF ZONING APPEAL AND REGULAR COUNCIL MEETING; JANUARY
11, 2012, SPECIAL COUNCIL MEETING
b) DISPOSAL OF SURPLUS FORFEITURE VEHICLES AND MOTORCYCLE PARTS, ONE (1) 1997 MERCEDES BENZ, ONE (1)
2004 NISSAN TITAN TRUCK, AND VARIOUS MOTORCYCLE PARTS TO BE SOLD THROUGH THE ONLINE AUCTION SITE
AUCTIONS INTERNATIONAL OR SIMILAR PROCESS, ESTIMATED THAT EACH OF THESE WOULD EXCEED A $1,000
VALUE, POLICE DEPARTMENT
View Supporting Documentation
c) HULETT ENVIRONMENTAL SERVICES, INC., TERMITE INSPECTION SERVICES FOR NEIGHBORHOOD STABILIZATION
PROGRAM, #20120012, $35 PER INSPECTION, INITIAL CONTRACT PERIOD IS FOR 24 MONTHS WITH THE OPTION
TO RENEW FOR AN ADDITIONAL 24 MONTHS, FUND 116/114-5500-5491, COMMUNITY SERVICES
View Supporting Documentation
d) PORT ST. LUCIE ORCHID SOCIETY, REQUEST FOR CITY SPONSORSHIP FOR THE SOLE PURPOSE OF LOCATING
TEMPORARY SIGNAGE WITHIN CITY RIGHTS -OF -WAY FOR THE 20TH ANNUAL ORCHID SHOW SCHEDULED FOR MARCH 9-
11, 2012, ASSISTANT CITY MANAGER
View Supporting Documentation
e) SULPHURIC ACID TRADING COMPANY, INC., AMENDMENT #1, SULFURIC ACID FOR THE WATER AND/OR WASTEWATER
OPERATIONS, PRICE INCREASE -IN THE AMOUNT OF $1.07106 PER TON FOR A NEW PRICE OF $180.62 PER TON,
#20090002, AMENDMENT TERM IS 2/18/2012 TO 2/17/2014, FUND 431-0000-1410, UTILITY SYSTEMS
DEPARTMENT
View Supporting Documentation
f) MINOR SITE PLAN, LAKE FOREST AT ST. LUCIE WEST ENTRANCE, LOCATED ALONG THE EAST SIDE OF CASHMERE
BOULEVARD AND SOUTH OF ST. LUCIE WEST BOULEVARD, REPLACE THE EXISTING SIGNS AT THE NORTH ENTRANCE
TO A DIFFERENT LOCATION WITH NEW MONUMENT SIGNS, P11-170, LAKE FOREST AT ST. LUCIE WEST HOA
View Supporting Documentation
g) UNDERWATER ENGINEERING SERVICES, INC., CHANGE ORDER #2, EWIP PROJECT ELKS -CANE SLOUGH STORMWATER
TREATMENT AREA CONSTRUCTION, #20110010, TWENTY-ONE (21) ADDITIONAL CALENDAR DAYS FOR A NEW TOTAL
OF 261 CALENDAR DAYS, NO ADDITIONAL FUNDS, CONTRACT TOTAL REMAINS AT $1,329,233.36, FUND 403-4126-
5688, ENGINEERING
View Supporting Documentation
h) CULPEPPER & TERPENING, INC., CHANGE ORDER #1, PORT ST. LUCIE BOULEVARD PROJECT CEI SERVICES FOR
PEDESTRIAN LIGHTING RELOCATION OF UTILITIES, #20110012, $40,400, FOR A NEW CONTRACT TOTAL OF
$208,090, AND 202 ADDITIONAL CALENDAR DAYS FOR A NEW TOTAL OF 335 CALENDAR DAYS, FUND 304-4121-
5688, ENGINEERING
View Supporting Documentation
i) CAPTEC ENGINEERING, INC., CHANGE ORDER #1, DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR E-8
.. 11 1 iw re.- -t'' �- -^- =--- :_1_L 0__1:_ :A-11 L1 9..,t,. + 111A /7l11 7
Regular City Council Meeting Page 2 of 4
CANAL NRCS EWIP10 REPAIRS, #20110060, $46,575, FOR A NEW CONTRACT TOTAL OF $208,585, AND 30
ADDITIONAL CALENDAR DAYS FOR A NEW TOTAL OF 310 CALENDAR DAYS, FUND 401-4126-5310, ENGINEERING
View Supporting Documentation
j) CULPEPPER & TERPENING, INC., CHANGE ORDER #3, SOUTHWEST ANNEXATION SPECIAL ASSESSMENT DISTRICT
CONSTRUCTION ENGINEERING SERVICES FINAL TRUE -UP, #20080151, DECREASE OF <$16,716.96>, FOR A NEW
CONTRACT TOTAL OF $3,104,010.29, NO ADDITIONAL CALENDAR DAYS, FUND 315-4105-5688, ENGINEERING
View Supporting Documentation
k) CULPEPPER & TERPENING, INC., CHANGE ORDER #4, DESIGN COMMUNITY BOULEVARD AND DISCOVERY WAY (E/W#1)
FINAL TRUE -UP, #20090133, DECREASE OF <$2,575.52>, FOR A NEW CONTRACT TOTAL OF $302,081.98, NO
ADDITIONAL CALENDAR DAYS, FUND 315-4105-5688, ENGINEERING
View Supporting Documentation
1) BIG BROTHERS BIG SISTERS OF ST. LUCIE COUNTY, REQUEST FOR CITY SPONSORSHIP FOR THE SOLE PURPOSE OF
LOCATING TEMPORARY SIGNAGE WITHIN CITY RIGHTS -OF -WAY FOR THE TASTE OF ST. LUCIE SCHEDULED FOR
MARCH 21, 2012, IN DOWNTOWN FT. PIERCE, ASSISTANT CITY MANAGER
View Supporting Documentation
ADDENDUM
m) PAUL JACQUIN & SONS, INC., CHANGE ORDER #3, CONSTRUCTION OF Digital Design Studio Facility IN
TRADITION, #20100002, CONTRACT NET DECREASE OF <$350,000> FOR A NEW CONTRACT TOTAL OF
$24,050,000, NO ADDITIONAL CALENDAR DAYS, FUND 342-5520-5620, CITY MANAGER
View Supporting Documentation
ACTION: Motion passed unanimously to approve Consent Agenda
8. SECOND READING, PUBLIC HEARING OF ORDINANCES - THERE IS NOTHING SCHEDULED FOR THIS ITEM
9. OTHER PUBLIC HEARINGS
a) PORT ST LUCIE RESIDENTIAL STREET LIGHTING ASSESSMENT AREA BOUNDARY #280 SW BELLEVUE AVENUE
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 9 a)
b) PORT ST LUCIE RESIDENTIAL STREET LIGHTING ASSESSMENT AREA BOUNDARY #281 NW WINFIELD_DRIVE
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 9 b)
c) PORT ST LUCIE RESIDENTIAL STREET LIGHTING ASSESSMENT AREA BOUNDARY #282, SW BAY STATE ROAD
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 9 c)
d) PORT ST LUCIE RESIDENTIAL STREET LIGHTING ASSESSMENT AREA BOUNDARY #283 NW SOUTH LANETT CIRCLE
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 9 d)
e) APPEAL OF CONTRACTORS EXAMINING BOARD DECISIONS FROM JANUARY 12 2012 MEETING, 1) DECISION FOR
SUSPENSION OF PERMITTING PRIVILEGES FOR 180 DAYS PAY AN ADMINISTRATIVE FEE OF $205, AND
RECOMMENDATION TO THE CILB FOR SUSPENSION OF CERTIFICATION OR REGISTRATION FOR 180 DAYS, 21
DECISION FOR SUSPENSION OF PERMITTING PRIVILEGES FOR 365 DAYS TO RUN CONSECUTIVE WITH THE DECISION
FOR SUSPENSION OF PERMITTING PRIVILEGES FOR 180 DAYS PAY AN ADMINISTRATIVE FEE OF $205,_AND
RECOMMENDATION TO THE CILB FOR SUSPENSION OF CERTIFICATION OR REGISTRATION FOR 365 DAYS ARTHUR
WEST, FLORIDA SOLAR EAST
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 9 e)
10. FIRST READING OF ORDINANCES
a) ORDINANCE 12-04 PROVIDING FOR THE AMENDMENT OF SECTION 10.99 GENERAL PENALTY; PROVIDING AN
EFFECTIVE DATE
. .. . ,w r• .--. - -� �t __---__ __1_�n_..,._.. :,7—L P...1;,.. ;.i—'21 �1 Rrovant irl—Rrr�nhlic 7�iL�.�7n� 7.
Regular City Council Meeting Page 3 of 4
View Supporting Documentation
ACTION: Motion passed unanimously to approve Ordinance 12-04
b) ORDINANCE 12-05 PROVIDING FOR THE ABANDONMENT OF A NON EXCLUSIVE UTILITY EASEMENT DEDICATED TO
THE CITY OF PORT ST. LUCIE ON THE PLAT FOR RIVER PARK -UNIT FIVE' PROVIDING AN EFFECTIVE DATE
View Supporting Documentation
ACTION: Motion passed unanimously to approve Ordinance 12-05
c) ORDINANCE 12-06 AN EMERGENCY ORDINANCE OF THE CITY OF PORT ST. LUCIE FLORIDA SPECIFICALLY
REPEALING CHAPTER 152 OF THE PORT ST. LUCIE CODE OF ORDINANCES AND SUBSTITUTING THE FOLLOWING
AMENDED CHAPTER 152 IN ITS PLACE; PROVIDING AN EFFECTIVE DATE
View Supporting Documentation
ACTION: Motion passed unanimously to approve Ordinance 12-06
d) ORDINANCE 12-07 CREATING CHAPTER 117 OF THE PORT ST. LUCIE CITY CODE RELATING TO SECONDARY METALS
RECYCLERS• CREATING SECTION 117.01 TITLE' CREATING SECTION 117.02 DEFINITIONS' CREATING SECTION
117.03 LIMITATIONS ON CASH TRANSACTIONS' CREATING SECTION 117.04 RESTRICTED REGULATED METAL
PROPERTY EXEMPTIONS' CREATING SECTION 117 05 ELECTRONIC TRANSACTION RECORDS REOUIRED;* CREATING
SECTION 117 06 FACSIMILE TELECOPIER OR SIMILAR EQUIPMENT REOUIRED' CREATING SECTION 117.07,
PENALTY' CREATING SECTION 117.08 SEVERABILITY; PROVIDING AN EFFECTIVE DATE
View Supporting Documentation
ACTION: Motion passed unanimously to approve Ordinance 12-07
11. RESOLUTIONS - THERE IS NOTHING SCHEDULED FOR THIS ITEM.
12. UNFINISHED BUSINESS
a) BLUE CROSS AND BLUE SHIELD OF FLORIDA ADMINISTRATIVE SERVICES FOR EMPLOYEE GROUP MEDICAL
INSURANCE AS PER AGREED UPON PRICES TERMS AND CONDITIONS ANNUAL EXPENDITURE TO BE DETERMINED BY
NUMBER OF EMPLOYEE PARTICIPANTS #20100076 CONTRACT PERIOD IS FOR TWO YEARS WITH TWO ONE-YEAR
RENEWAL OPTIONS. HUMAN RESOURCES
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 12 a)
b) DREDGING AND MARINE CONSULTANTS LLC DESIGN AND PERMIT KINGSWAY WATERWAY REBID, #20120007, TIME
AND EXPENSE CONTRACT ESTIMATED AMOUNT OF $183 161 FUND 401-4126-5310, ENGINEERING
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 12 b)
13. NEW BUSINESS
a) ST. LUCIE COUNTY ARTIFICIAL REEF PROGRAM APPROVAL TO DONATE EXCESS CONCRETE MATERIAL ENGINEERING
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 a)
b) CONSTRUCTION ENGINEERING INSPECTION AND GEOTECHNICAL FOR ST. LUCIE NORTH DRAINAGE APPROVE FIRMS
SHORT LISTED BY EVALUATION COMMITTEE' #1 CULPEPPER AND TERPENING INC., #2 MILESTONE CONSTRUCTION
GROUP LLC #3 CALVIN GIORDANO AND ASSOCIATES INC AND BEGIN NEGOTIATIONS WITH #1 RANKED FIRM,
#20120018, OMB
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 b)
C) DESIGN AND PERMITTING FOR SIDEWALKS AT MELALEUCA BOULEVARD APPROVE FIRMS SHORT LISTED BY
EVALUATION COMMITTEE' #1 CAPTEC ENGINEERING INC #2 CULPEPPER AND TERPENING, INC., #3 CREECH
ENGINEERS INC AND BEGIN NEGOTIATIONS WITH #1 RANKED FIRM, #20120027, OMB
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 c)
d) DISCUSSION CONCERNING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ST. LUCIE AND ST. LUCIE
COUNTY TO PROVIDE MATCHING FUNDS FOR MARKETING AT THE CIVIC CENTER PARKS AND RECREATION
Regular City Council Meeting
Page 4 of 4
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 d)
e) WAIVER OF BID PER SECTION 35.06 EQUAL TO OR LOWER THAN EXISTING CONTRACT PRESIDIO NETWORKED
SOLUTIONS INC REPLACE HP STORAGE AREA NETWORK ("SAN") CURRENT EQUIPMENT IS OBSOLETE AND NEEDS
TO BE REPLACED TO PREVENT FAILURE $232 648 48 #20110102 FUND 001-1320-5642, MIS
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 e)
f) WAIVER OF BID PER SECTION 35 04(C) FOR GOOD CAUSE SHOWN GS EQUIPMENT, INC PURCHASE ONE NEW
KAISER MODEL #S2 GATOR 4X4 WALKING EXCAVATOR FOR DRAINAGE RIGHT-OF-WAY PROGRAM, $355,437_
#20120037 FUND 401-4126-5644 ENGINEERING
View Supporting Documentation
ACTION: Motion passed by the following roll call vote with Mayor Faiella, Councilwoman Martin,
Councilman Kelly, and Vice Mayor Bartz voting in favor and Councilwoman Berger voting against to
approve Item 13 f)
g) COASTAL FLORIDA PEA 2011 CONTRACT NEGOTIATIONS REOPENER SCHEDULE CHANGES ASSISTANT CITY
ATTORNEY COLLINS
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 g)
h) WAIVER OF BID PER SECTION 35.04 C FOR GOOD CAUSE SHOWN ITERIS DIRECT PURCHASE OF VIDEO TRAFFIC
MONITORING EQUIPMENT $94 750 #20120039 UTILITY SYSTEMS DEPARTMENT
View Supporting Documentation
ACTION: Motion passed unanimously to approve Item 13 h)
14. COUNCIL COMMENTS AND COMMITTEE REPORTS
15. ADJOURN
.. - - I I1• ^- ---- : ]_C o_,.,:— :A—,) 141 P..-,.,v,-,+ 1/7aV7ni i
COUNCIL ITEM 13D.
DATE 2/13/12
agendair
PORT ST. 'LUCIE CITY COUNCIL
. AGENDA ITEM REQUEST
TYPE; OF MEETING- REGULAR X SPECIAL
DATE OF MEETING: 2/13/2012'
ORDINANCE RESOLUTION MOTION 'X PUBLIC HEARING
ITEM: Int6rl6cal -Agreement w/St. * Ludie County to provide
auittching- funds for,.aidridta-ing at the Civic Center.
RECOMMENDED ACTION:
EXHIBITS: See Attached,
SUMMARY EXPLANATION/BACKGROUND INFORMATION:
See attached.
IF pRESENTATION'IS TO BE MADE, HOW MUCH TIME WILL BE REQUIRED?
*NOTE 'if .youfiave' 'an:audi�i§uaj presentation to make invotvifig vid6o DVDbrP0wetpojnt, you must contact Ed Cunningham,
Communications Director, ii:772-873_6325drjit 46hrfngham@cityofpsLcbin no later than two Working days prior to your
presentation date.
SUBMITTING DEPARTMENT.:,
Parks and Ascre-ation
.DATE-.: 2/2/2012
RECEIVED
FEB 06 207
City Manager's 0MG1311
EVENT PLANNER CONFERENCE PROPOSAL
Overview.
This is written to propose an inVestment of 20% of budgeted..Civic Center. hospitality marketing funds,
equating to $5,000, towar&.'.the.Wgeted'goals established within the•2011 Civic Center Marketing Plan,
increasing weekday occupancy, by:attending Event Planner conferences and securing such business'. It is
believed that attending such'cohferences is the most direct route to the decision makers.
As the Civic Center's marketing,liudget is not substantial, endeavors have been successful in securing
,partners that have committed to contribute to these efforts: So far,.the St. Lucie County Tourism
Development Council_has.agreed through the attached interlocal.agreement that they will contribute
$5,000 in`matching funds. Lisa,Gilrane, PSL Holiday Inn, has agreed.to secure.Holiday Inn or Marriott
hotel rooms -at little or no -cost to -house our staff attending such conferences. Michelle Valvano, TDC
Council member, from Perfect Drive Golf Villas, has offered hercompanys tradeshow booth for our use,
we must only purchase our signage W complete the booth to represent the Civic Center in a professional
manner.
Review of Target Market (from 201-1964arketi09Planl
As presented within the 2011'Winter Council Retreat, the Civic Center's marketing plan revealed that
the cufterit operation experiences:high occupancy on Saturdays. Therefore, full day rental is required
on Saturdays. Those seeking'Saturdays•br part -day weekend rentalsseem to be satisfied with moving
their event to Friday evenings or Sundays: increasing the occupancy during the week now must be our
focus.
Therefore, the ideal customer for the ,.P,ort St. Lucie Civic Center requires
1) A multi -weekday event• space for business and/or social purposes
2) Event space two or more times'peryear
3) .Ancillary items/service
4) Food and beverage,catering service
5). Our°centralize location
PSL businesses.and.amenities
Review of'Core Strategyffrom:201-1.Marketing Planl
"The Civic COW, -with ts,professionally elegant, flexible=sized event•;space will position itself as the
" piace wh&6r 'the:Treasure Coast.mee&',for corporate and non-profit markets to increase weekday
occupancy:; Expanding:its;audience>whh this focus will,continue to•expose,new potential clients to our
facility that will,desire to•rerit.space.for•private:market weekend functions and. corporate and.non-profit
``standard wofk-,fdei Ei"'attdhdance,functions to maintain weekend occupancy."
Review of Lead Generation Plan
• Locally and Regionally
o Advertising
o Direct Sales (Sales Associate)
o Indirect Sales
■ Website
■ Event Flyers
■ Cross eleihent advertising
o Marketing opportunities
Eventmooth
Chamber of:Commerce, Tourism Development Board, etc. functions
■ Cross -element advertising
o Referrals
Regionally and Nationally
o Direct Sales(Sales,Associate)
o Indirect-Sales.(Website)
o Referrals
Update: Passive Marketins:Arialysis
The marketing..budget through'frscal,year end 2010-11 has predominantly been utilized to establish the
effective resources for passive advertising. Local business, thosewho know the property, have attended
functions here before, and,inteenet searches:make,up an overwhelming, percentage of the leads that
find us. To expose more people: to the`facility, to increase the volume of "local business", new events
have beeri:created and advertised and'have been successful in lead generation results.. To increase
successful internet lead generaiion;,24% of the marketing budget has-been invested into a very
successful Search Engine Marketing'cainpaign.
Update:•Actiye Marketins Analysis:
Outreach is the,definition,6f;bririging.in non -passive business. With•a:staff.of 3 full time Event Specialists
and too many.passively:acquired leads to manage to therr.full.pofential, outreach to Chamber functions,
alone, just-has'not;been:possible
The addition of the,Sales;Assoeiate in!September 2009 was the solution, however, she left in February
•2010. °The'contract was;fewritten,to:beirriore attractiye.to incumbent applicants; two very promising
Sales Associate;.were.hired.in.September 2011,,one remains, attrition being attributed to the slow
proses .,of bOgcliing a commission-based`income on a $500Jmonth draw . The program has definitely
.beefi ideeiE sW il':in L- abling-,the",CiVic;Center'to adequately manage acquired:leads to their•full potential
and in sure:outreach',.i&Ctiamber functions, both of which have developed -sales that.would not have
otherwise been.pf ibable:.
The next step Is to increase direct marketing to -the target. -market: The obvious step is to strike at the
heart — seek out event planners seeking facilities to hold their functions. Although analysis of -Sales
Associates' attempts reveals their diligence;isatlrriirable but;tfieir success in reaching event planners by
telephone or email has yielded minimal`resdlts. The logical answer into attend meeting planner
conferences with -an attractive• plan to stand out in.the crowd.
Proposed: New Marketing Campaign
The following is the.proposed marketing campaign to attract the ideal customer, weekday business, to
the Civic Center, Port 5t. Lucie ano'St: Lucie County:
The Civic Center can accommodatetapproximately 1500 in Emerald Ballroom for conferences, meetings
and trainings. We are centraliy'located between•Orlando and Miami,. For those who have planned such
events in -those locations, we are attractively priced, especially in'this economy foi businesses that may
be cutting back. We have the appeai:of,a suburban community versus the frustration presented by
Orlando and Miami city traffic. Opr area also has incredible "tourism activities" and resources to avail to
prospective conference attendees, eriabling,us to offer•a package, working vacation and benefiting the
City more broadly as well -as #he;entire.County.
The introduction of this concept.and•the•7500 room -night potential for a 5 day conference created the
appeal'to the SLC Tourism Development:Council to back our endeavor through offering financial
assistance to directly target the.event. planner market by attending event planner conferences.
Furthermore, the St. Lucie County -Economic Development -Council -could appeal to visiting corporations
while -they are in town that are' hot" on their target industry list.
Selecting Event Planner Conferences
Through website research and conversations with TDC administration; Visit Florida staff members and
event planner conference booth sales -personnel, we have narrowed down our request to attend the
"Destination: Marketing Association Event Planner Conference in Washington, DC on February 28, 2012."
Thisevent's:target audience,is associate, corporate or third-paity meeting planners. These are
professionals involved-with,site-selection for upcoming meetings, conventions and trade shows. This
conference;association;hand-selects-1000-1200 event planners to invite each year, basing their
invitations`ori,proyable, histoi-icM data of holding events of various sizes with established budgeted
-funds. Conference:matengl Wattached.
The.everiL�planner;attendee:contact,list-is:released to the vendors in advance of the conference. It is
standard'that vendd.rs;use,the;list-to•m. ake.appointments to meet individually with attendees, not only
at.the:conference,;,bUt=the:day(s) before and after to share Marketing,concepts and pricing. It would be
our intention,to`arrive omSunday with such established meeting appointments Monday, attend the
conference Tuesday, hold established meeting appointments Wednesday and return to Florida
Thursday.
Staffing Event.P.lanner Conferences
The staff, attending the Event.,Planner Conferences would include Laura.0'Brien, the Civic Center
Hospitality Manager and Robert Casais, the Civic Center Sales:Associate. To reach the full potential,
-ideallyve should havea total of'4.personsIocating and approaching 1200 potential attendees with a
-minimum 5 minute presentation overthe course;of.3 days. OWbijsiy,;some will immediately reject
presentation and.some will take longer; Many advance attempts-wiil be made to secure longer
meetings; prior, to arrival. having a:300rattendee contact list per person, however; makes success much
:moreyealistic.
The final two staff persons°chosen to -attend "are yet to be determined. Natalie Neil, Civic Center Event
Specialist who exceeded her sales;goals_iasf .year is a logical alternate. As SLC TDC funds are in play,
Charlotte Lombard of the SLC TDC.is a;possible alternate who could be brought up to speed on Civic
Center details, her travel expenses.being.charged to TDC funding.
Event Planner Conferenc&Proiected Expenses
Trade Show Attendance
vendor Booth 3675
3 additional badges 375 1125
Trade Show Booth
Brochure Production Soo
CC Booth Panels 1000
Lodging & Transportation
3 rms/4 nts-hotei 300
4 RT'Flights to DCA 250 1000
'Rental,Car 200
Per Diem
$34/day x 4 days�(4) 136 544
8344
50/50-split with TDC $4;172
Future.Ev6dt.Planner Conferences
Pending -the successful outcome of this -.event, through established return, on Investment, we would like
to appeal to the City; and'the S t TDC to -support, additional -funding -to be slated for attending the
following list of conferences -to include "Destination -Marketing Association Event Planner Conference in
Chicago, [Lin June:2012".
AGENDA REQUEST
ITEM NO. VI-C3
DATE: 03/06/12
REGULAR
PUBLIC HEARING
LEG.
QUASI -JD
CONSENT X
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Brillhart
SUBMITTED BY: Planning and Development Services Dept. — Business & Concurrency I�llanager
Business & Concurrency Division fit
SUBJECT: 2012/2013 Federal Legislative Issues and Requests
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: February 14, 2012 informal meeting - The Board reviewed Federal Legislative
Issues and Requests for 2012/2013 as provided by our Federal Lobbyist, Greg
Burns, with Van Scoyoc Associates in working with staff. Board recommendations
are outlined in the attached memorandum.
RECOMMENDATION: Board authorization to submit Federal Legislative Issues and Requests to
members of the Florida Congressional Delegation as outlined in the attached
memorandum.
COMMISSION ACTION:
( ) APPROVED ( )
( ) OTHER
DENIED
COORDI NATION/SIG NATU RES
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
County Attorney (X) 4r-44 a R Dsn Originating Dept. (X )
Daniel S. McIntyre
0
Mark Satterlee
Planning and Development
Services Department
Business & Concurrency Management Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Faye W. Outlaw, MPA, County Administrator
FROM: Michael Brillhart, Business and Concurrency Manager
DATE: March 6, 2012
SUBJECT: 2012/2013 Federal Legislative Issues and Requests
It is St. Lucie County's practice to secure the approval of the Board of County Commissioners
for Federal Legislative Issues and Requests. County staff has been working with Greg Burns
from Van Scoyoc Associates, Inc. to identify and summarize requests for 2012/2013. The
attached St Lucie County Florida 2012 Federal Leaislative Briefing Book provides a summary
of the legislative issues identified by Mr. Burns and staff for consideration by the Board of
County Commissioners.
The legislative issues and requests are delineated by the following subject categories: Water
Resources; Transportation; Local Government Finance; Economic Development & Social
Services; Energy & Sustainability; and General Government Issues. Each issue is anticipated to
have either a long-term fiscal and/or operational impact upon St. Lucie County. Preparation of
the Briefing Book is intended to provide background for members of Florida's Congressional
Delegation and County Commissioners in working together with appropriate Federal agencies
on resolving these legislative issues prior to final future Congressional passage.
At the Board of County Commissioner's informal meeting on February 14, 2012, Mr. Burns
presented and discussed these issues and requests with Commissioners and received
feedback for inclusion in the Briefing Book.
Recommendation: Board authorization to submit Federal Legislative Issues and Requests to
members of the Florida Congressional Delegation as outlined in the attached St. Lucie County,
Florida 2012 Federal Legislative Aaenda and Briefing Book.
cc: Lee Ann Lowery, Assistant County Administrator
Dan McIntyre, County Attorney
Mark Satterlee, Planning and Development Services Director
Marie Gouin, OMB Director
Beth Ryder, Community Services Director
Don West, Public Works Director
Jim David, Mosquito Control Director
Richard Bouchard, Coastal Engineer
Todd Cox, Airport Manager
St. Lucie County, Florida
2012 Federal Legislative Agenda and
Briefing Book
VAN; SCO'YOC
A S B,-O C I A T D B
Prepared by Van Scoyoc Associates for
St. Lucie County Board of County Commissioners
Commissioner Chris Craft Commissioner Chris Dzadovsky
Commissioner Frannie Hutchinson Commissioner Paula Lewis
Commissioner Tod Mowery
Faye W. Outlaw, MPA, County Administrator
Questions regarding the information in this book may be directed to:
Greg Burns Michael Brillhart Richard Bouchard
(202) 737-8162 (772) 462-6406 (772) 462-1710
February 2012
Copyright 2012 Van Scoyoc Associates Inc.
VAN SC.OVO'C
A 8 8 0 C I A T E 8
Water Resources
1) St. Lucie County Feasibility Study and Fort Pierce Beach Project
2) Water Resources Development Act
3) Comprehensive Everglades Restoration Plan
4) Fort Pierce Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
5) Water Quality -- Numeric Nutrient Criteria and Total Maximum Daily Loads
Transportation
6) Transportation Authorization; Termination of Smaller MPO's; Bike/Ped Programs
7) St. Lucie County Community Transit
8) Federal Aviation Administration
9) Florida East Coast Railway
Local Government Finance
10) Tax -Exempt Bonds
11) Sales -Tax Legislation
12) Transient Occupancy Taxes
Economic Development & Social Services
13) Economic Development Administration
14) Community Services Block Grants & Low Income Home Energy Program Funding
15) Department of Housing and Urban Development Formula Programs
Energy & Sustainability
16) Property Assessed Clean Energy Legislation
17) Offshore Energy Exploration
General Government Issues
18) Public Pension Reform
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
— nnn coo incn I r. 7n,) KQR 771A I •ennnnr ucnrir room I Pave 1
VAN :-FJ C O Y (J C
A 8 a :0 O.• I A 7..:,.0 a
St. Lucie County
2012 Federal Legislative Agenda
St. Lucie County Feasibility Study and Fort Pierce Beach Project
Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts,
including additional funding specifically for "shore protection" projects not identified in the annual
Administration budget. Support the Corps' funding of the St. Lucie County feasibility study in Fiscal
Year 2013 and the re -nourishment of the Fort Pierce, FL Federal shore protection project in future fiscal
years. Monitor the search for additional offshore sand by the Corps of Engineers for future southeast
Florida nourishment projects.
Water Resources Development Act
Support passage of a Water Resources Development Act, including:
• Provide a $850,000 credit to the County for costs incurred by the County for the General and
Limited Reevaluation Reports of the Fort Pierce, FL Federal beach project.
• Allow for the Fort Pierce, FL General Reevaluation Report to be considered suitable for a new
50-year project authorization, thereby allowing for the future construction of structural
alternatives and potential inlet sand bypassing south of the Fort Pierce Federal Inlet in order to
help reduce the frequency of future beach nourishment cycles
• Legislative language to provide a process for the reauthorization of Federal participation in beach
restoration projects that are approaching the end of their 50-year cost sharing period
Comprehensive Everglades Restoration Plan
Support the continuing implementation of all facets of the Comprehensive Everglades Restoration Plan,
including:
• Continued Federal and State action on the Ten -Mile Creek project in St. Lucie County
• The State purchase of the remaining 1,300 acres of land needed for the C-24 Reservoir and storm
water treatment area so the Corps of Engineers can proceed with construction of the C-23 and C-
24 Reservoirs and storm water treatment areas project, which is part of the original Indian River
Lagoon -South project
• Full Federal funding for the restoration of the Herbert Hoover Dike
• Full Federal funding for the construction of the C-44 Reservoir and associated storm water
treatment areas
• Full Federal funding and an authorization increase for the completion of the Kissimmee River
restoration project
Fort Pierce Inlet Maintenance Dredging; Harbor Maintenance Trust Fund (HMTF)
Support adequate annual funding for the Corps of Engineers Operations & Maintenance account,
including additional funding for dredging not identified in the annual Administration budget. Support
additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging
activities. Support H.R. 104 and S. 412, both of which would require the expenditure of funds for O&M
activities equal to the level of receipts plus interest credited to the HMTF for that fiscal year.
Water Quality -- Numeric Nutrient Criteria and Total Maximum Daily Loads
Monitor activities surrounding the proposed "numeric water quality criteria" for lakes, flowing waters,
and canals.
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 2
VAN S`COV'O'C
AS 6 0 C I A T E 6
Transportation Authorization; Termination of Smaller MPO's; Bike/Ped Programs
Support passage of a 5 or 6-year robustly funded highway authorization. Oppose Senate language that
would terminate MPO's that are in UZA's with fewer than 200,000 people.
St. Lucie County Community Transit
Support H.R. 3545 and other legislation that allows smaller transit systems to use up to 50 percent of
their Federal Section 5307 funding for operating expenses regardless of population.
Federal Aviation Administration
Support $3.35 billion in annual appropriations for the Airport Improvement Program. Support any St.
Lucie County Airport grant proposals through the Airport Improvement Program. Oppose efforts to
institute a per flight fee on general aviation aircraft that use controlled airspace. Oppose the elimination
of Federal funding to FAA contract towers served exclusively by general aviation.
Florida East Coast Railway
Support efforts to reinstate passenger service on the Florida East Coast railroad corridor, including a
station in Fort Pierce.
Tax -Exempt Bonds
Oppose legislation that would threaten the tax exemption on state and local bonds.
Sales -Tax Legislation
Support S. 1832 and H.R. 3179 in order to allow for the lawful collection of sales taxes on online and
catalog purchases.
Transient Occupancy Taxes
Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate
(retail rate) paid by the consumer, thereby costing St. Lucie County and its political subdivisions the
opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region.
Economic Development Administration
Support continued funding of the Economic Development Administration. Support St. Lucie County
grant applications through the program.
Community Services Block Grants & Low Income Home Energy Program Funding
Support adequate funding for both the Community Services Block Grant and the Low Income Home
Energy Program.
Department of Housing and Urban Development Formula Programs
Support adequate funding for both the HOME Investment Partnerships and the Community Development
Block Grant programs because of their critical role in the County's overall efforts to support those that are
least fortunate.
Property Assessed Clean Energy (PACE) Legislation
Support H.R. 2599 and any companion legislation in the Senate to support the creation of PACE -style
programs in St. Lucie County.
Offshore Energy Exploration
Monitor the potential expansion of offshore energy exploration in Florida's Federal waters.
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T- 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 3
VAN''SCOY4C
Public Pension Reform
Monitor all Federal legislative proposals related to public pensions, including H.R. 567 and S. 347, the
Public Employee Pension Transparency Act, all of which could significantly impact the Florida
Retirement System.
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 4
VAN SCOYOC
1I A TE 9
FEDERAL ISSUE: St. Lucie County Feasibility Study and Fort Pierce Beach Project
BACKGROUND,• HOW IT MAY AFFECT ST. LUCIE COUNTY: The Federal government and St.
Lucie County have long partnered on the Fort Pierce shore protection project and the St. Lucie County
shoreline feasibility study, which is evaluating erosion along the southern shoreline of the County.
To fund beach nourishment projects and studies that are not often budgeted for by the Administration due
to the difficult competition for funds from the Army Corps of Engineers, Congress has adjusted their
funding strategy in the age of no -earmarks to add additional funding for what Congress terms "Additional
Funding for Ongoing Work." Among these amounts, Congress in Fiscal Year 2012 provided $39.544
million in additional funding to the Corps for "shore protection" construction activity as well as $3
million for "shore protection" investigations (studies). These will likely be the funding sources from
which the Fort Pierce beach project and the St. Lucie County feasibility study must compete in the future.
RECOMMENDED POSITION: Support adequate annual funding for the Corps of Engineers
Investigations and Construction accounts, including additional funding specifically for "shore protection"
projects not identified in the annual Administration budget. Support the Corps' funding of the St. Lucie
County feasibility study in Fiscal Year 2013 and the re -nourishment of the Fort Pierce, FL Federal shore
protection project in future fiscal years. Monitor the search for additional offshore sand by the Corps of
Engineers for future southeast Florida nourishment projects.
NOTES:
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
'r. ,)n,) rqk 1 Qr;n I R• M? 6;R.7714 I www.vsadc.com I Page 5
VAN:SC.,OYOC
A H 6..'o C I A T E B
FEDERAL ISSUE: Water Resources Development Act
BACKGROUND: HOW IT MAY AFFECT ST LUCIE COUNTY: The Water Resources Development
Act authorizes the Corps of Engineers to participate in Federal water resource projects such as the Fort
Pierce shore protection project. The legislation also modifies Corps' activities on particular projects and
sets guidelines for how the Corps operates.
Over the years, the County has taken the lead on advancing Federal studies and initiatives on some of its
water resource projects in order to expedite their completion. This includes efforts on the Fort Pierce
shore protection project related to slowing the rate of erosion south of the Fort Pierce Inlet and also
improving the Federal/local cost share of the project due to the impact of the Federal Inlet.
Also, the Federal authorization of the Fort Pierce beach project is set to expire in 2020. One of the goals
of the County's language will be to ensure a new 50-year lifespan of the project without having to restart
the Federal process of studies and authorizations from scratch.
RECOMMENDED POSITION: Support passage of a Water Resources Development Act, including:
• Provide a $850,000 credit to the County for costs incurred by the County for the General and
Limited Reevaluation Reports of the Fort Pierce, FL Federal beach project
• Allow for the Fort Pierce, FL General Reevaluation Report to be considered suitable for a new
50-year project authorization, thereby allowing for the future construction of structural
alternatives and potential inlet sand bypassing south of the Fort Pierce Federal Inlet in order to
help reduce the frequency of future beach nourishment cycles
! Legislative language to provide a process for the reauthorization of Federal participation in beach
restoration projects that are approaching the end of their 50-year cost sharing period
NOTES:
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FEDERAL ISSUE: Comprehensive Everglades Restoration Plan
BACKGROUND.• HOW IT MAY AFFECT ST. LUCIE COUNTY: The Federal government and the
State of Florida have long partnered on projects to help restore the Everglades, maintain flood protection,
and provide a reliable water supply for Floridians. Among the many projects being implemented are
several that impact St. Lucie County.
One of these is the Ten Mile Creek Water Preserve Area. This project was designed to be an above
ground reservoir capable of storing up to 6,000 acre feet of water with an associated storm -water
treatment area which was intended to improve the health of the St. Lucie Estuary.. Unfortunately, the
project has never functioned as it was designed and has been operating instead passively. Currently, the
Corps is performing temporary operational testing in order to assist the Corps and the South Florida
Water Management District in determining a path forward for the project. The South Florida Water
Management District has generally been reluctant to agree to cost -share any needed fixes to the project to
make it fully functional again.
RECOMMENDED POSITION: Support the continuing implementation of all facets of the
Comprehensive Everglades Restoration Plan, including:
• Continued Federal and State action on the Ten -Mile Creek project in St. Lucie County
• The State purchase of the remaining 1,300 acres of land needed for the C-24 Reservoir and storm
water treatment area so the Corps of Engineers can proceed with construction of the C-23 and C-
24 Reservoirs and storm water treatment areas project, which is part of the original Indian River
Lagoon -South project
• Full Federal funding for the restoration of the Herbert Hoover Dike
• Full Federal funding for the construction of the C-44 Reservoir and associated storm water
treatment areas
Full Federal funding and an authorization increase for the completion of the Kissimmee River
restoration project
NOTES:
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T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 7
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FEDERAL ISSUE: Fort Pierce Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
BACKGROUND, HOW IT MAY AFFECT ST. LUCIE COUNTY: The Fort Pierce harbor was last
dredged by the Corps of Engineers in 1998. The inlet channel and interior turning basin are authorized
for a depth of 28 feet, but are currently operating at depths as shallow as 18 and 20 feet, which limits the
amount of traffic that can use the harbor.
Currently, the harbor cannot handle the traffic that may like to use the facilities for shipping. According
to the Indian River Terminal, ships are turned away because of the low access depths. The port now
regularly turns away trade by ships that require 22 or more feet of draft. That means the port loses, under
current conditions, $2 to 3 million in trade per year due to the lack of maintenance dredging of the
channel. Recent proposals to import aggregates that meet new standards for construction materials set by
State and Federal agencies cannot be accommodated by the port because the larger vessels needed for
efficient transportation of products require up to 25 feet of draft. At least half a dozen prospects have
inquired to use Fort Pierce for this purpose. It is estimated that local service businesses lose $300,000 to
$450,000, and special transport and commodity providers such as cranes, heavy duty trucks, and the
railroad lose as much as $3 to $4.5 million per year in business. The shipping customers also face losses
because other ports impose greater costs and less efficiency than the Fort Pierce harbor.
To fund dredging projects that are not generally budgeted for by the Administration due to the difficult
competition for funds from the Army Corps of Engineers, Congress has adjusted their funding strategy in
the age of no -earmarks to add .additional funding for what Congress terms "Additional Funding for
Ongoing Work." Among these amounts, Congress in Fiscal Year 2012 provided $30 million in additional
funding to the Corps for "Small, Remote, or Subsistence Navigation' operations & maintenance (O&M)
activity. This will likely be the funding from which the Fort Pierce Inlet must compete in the future to
maintain the channel.
On another front, in an effort to alleviate the annual shortage of funding for O&M activities throughout
the United States, some have advocated that disbursements from the Harbor Maintenance Trust Fund
(HMTF) be increased dramatically. The Harbor Maintenance Tax, which funds the HMTF, is levied on
importers and domestic shippers using coastal or Great Lakes ports and is assessed at a rate of $1.25 per
$1,000 in cargo value. When O&M funding is provided for a Corps dredging project, it comes from the
HMTF.
At the end of 2011, the HMTF was expected to have a balance of more than $6 billion. Interest on
collections has been over $100 million alone in recent fiscal years. However, because the HMTF is not a
separate, or "off -budget," account within the Federal budget, the "surplus" in the HMTF has in effect
already been spent elsewhere on other general government activities.
Expenditures by Congress out of the HMTF to pay for routine O&M expenses have remained relatively
stagnant for decades. In essence, Congress has decided to provide less funding for Corps O&M activities
than would be provided if there were a legislative mandate to spend all funding provided annually via the
HMTF. Over the past 15 years, HMTF expenditures by Congress have consistently been less than the
collections and interest into the HMTF. The difference between what is collected and what is spent has
fluctuated, from a low of roughly $50 million in Fiscal Year 2002 to a high of roughly $500 million in
Fiscal Year 2009.
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To rectify this situation, some in Congress have called for increasing disbursements from the trust fund.
Two bills in particular, H.R. 104 and S. 412, would require the expenditure of funds for O&M activities
equal to the level of receipts plus interest credited to the HMTF for that fiscal year. This type of
legislation is ideally suited for inclusion in a Water Resources Development Act.
Representative Hastings is a co-sponsor of the House version of the legislation, as are 173 of his
colleagues. Both Senators Nelson and Rubio are co-sponsors of the Senate version of the bill, as are 32 of
their colleagues.
RECOMMENDED POSITION: Support adequate annual funding for the Corps of Engineers Operations
& Maintenance account, including additional funding for dredging not identified in the annual
Administration budget. Support additional funding specifically provided for "Small, Remote, or
Subsistence Navigation" dredging activities. Support H.R. 104 and S. 412, both of which would require
the expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the
HMTF for that fiscal year.
NOTES:
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FEDERAL ISSUE: Water Quality — Numeric Nutrient Criteria and Total Maximum Daily Loads
BACKGROUND, HOW IT MAY AFFECT ST LUCIE COUNTY: Pursuant to a January 2009 Clean
Water Act determination and a consent decree with Florida Wildlife Federation to settle a 2008 lawsuit,
the Environmental Protection Agency (EPA) proposed numeric nutrient water quality. standards for lakes
and flowing waters in Florida in January 2010, and established final standards in November 2010. The
final standards set numeric limits, or criteria, on the amount of nutrient pollution allowed in Florida's
lakes, rivers, streams and springs. This action seeks to improve water quality, protect public health,
aquatic life and the long term recreational uses of Florida's waters which are a critical part of the State,
and St. Lucie County's economy. However, these standards also may come at a considerable cost to local
governments, utilities, and others.
In response, the House passed H.R. 2018 and other items of legislation to amend the Federal Water
Pollution Act to grant states the authority to mandate their own water quality standards (including nutrient
criteria) instead of the EPA enforcing a Federal standard. While this legislation is supported by Richard
Budell, Director of the Office of Agricultural Policy for the Florida Department of Agriculture and
Consumer Services, the Administration has signaled that they would veto H.R. 2018 if it were to pass the
Senate, which is unlikely in the 112`h Congress.
Most recently, EPA has agreed to let Florida promulgate its own to numeric nutrient criteria, which it has
recently done. The State Legislature approved the final rule in February 2012. EPA will need to approve
the final rule once it is signed by the Governor. Some stakeholders have already opposed the State's new
proposed rule in court.
RECOMMENDED POSITION: Monitor activities surrounding the proposed "numeric water quality
criteria" for lakes, flowing waters, and canals.
NOTES:
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FEDERAL ISSUE: Transportation Authorization; Termination of Smaller MPO's; Bike/Ped Programs
BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Long-term authorization of Federal
surface transportation programs would ideally have occurred before the end of Fiscal Year 2009, but
Congress failed to meet that deadline. Since then, Congress has continued transportation programs via
short-term authorizations.
One of the most difficult issues to be considered during authorization will be how to finance our
transportation infrastructure. Fuel taxes, which provide most of the money for surface transportation, do
not provide enough funding to maintain even current spending levels for transportation, even if Congress
were to raise them modestly. The choice then becomes finding new sources of income for an expanded
program, or alternately, to settle for a smaller program that might look very different than the one
currently in place. Less Federal funding via a transportation authorization bill would mean significantly
less funding available to the Florida Department of Transportation, and ultimately St. Lucie County, to
support both surface transportation and transit projects and programs.
The House has proposed a 5-year, $260 billion authorization (H.R. 7) that would keep surface
transportation funding stable (but declining in real terms if inflation rises). However, the plan to pay for
the additional spending is controversial and dependent on the resolution of other legislative issues,
including tapping revenue from increased offshore energy exploration and requiring larger retirement
contributions from Federal employees.
The legislation proposes that all trust fund revenues would be spent solely on highways, meaning that
transit would lose its dedicated funding. Transit would be funded with a one-time $40 billion payment
(mostly from Federal retirees). This would not impact transit funding over the next several years, but
following the depletion of the $40 billion payment, transit would no longer have a dedicated source of
revenue.and would be forced to compete against all other government programs for funding.
The Senate has introduced S. 1813, a 2-year authorization that would provide inflation -adjusted rises in
transportation funding, but is seen as less than ideal given its short duration. An area of significant
concern in S. 1813 is a proposal to terminate Metropolitan Planning Organizations (MPO) that contains
urbanized areas (UZA) with a population of fewer than 200,000. In St. Lucie and Martin counties, the
UZA supports two MPO's making one vulnerable to elimination if this provision were to become law.
This language is seen as an effort by the U.S. Department of Transportation to work with fewer MPO's,
many of whom have varied levels of transportation planning sophistication.
With regard to bike and pedestrian programs funded via Federal transportation programs, under current
law, projects can currently be funded through three programs:
1) Recreational Trails (RT)
2) Transportation Enhancements (TE)
3) Safe Routes to School (SRS)
The House version of the bill proposes to maintain the RT program, significantly alters the funding for
the TE program, and eliminates the SRS program. On the other hand, the Senate bill eliminates both the
RT and SRS programs and does not provide dedicated funding for TE activities. Instead, TE's will have
to be funded out of Congestion Mitigation and Air Quality Program funds, which also include a number
of other uses. Bike and pedestrian advocates fear that projects they favor will not survive like they have
under this scenario without dedicated funding.
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
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RECOMMENDED POSITION: Support passage of a 5 or 6-year robustly funded highway
authorization. Oppose Senate language that would terminate MPO's that are in UZA's with fewer than
200,000 people.
NOTES:
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FEDERAL ISSUE: St. Lucie County Community Transit
BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Under various recent transportation
authorizations, grant funding for capital and operating expenses for transit agencies is provided via the
Urbanized Area Formula Grants Program, also known as Section 5307 funding. Urbanized areas (UZA's)
are places designated by the Census Bureau as having populations of 50,000 people or more. Under
current Federal law, in UZA's of fewer than 200,000 people, transit agencies are allowed to use 50
percent of their funding from the program for operating expenses, with the remainder to be spent on
capital expenses. In UZA's of more than 200,000 people, transit agencies must generally use their entire
grant allocation on capital expenses, regardless of the size of their transit agencies and their ability to be
self-sufficient.
The Port St. Lucie (PSL) UZA, which encompasses much of urban St. Lucie and Martin County, passed
the 200,000 person threshold after the 2000 Census because the two former UZA's were agglomerated
into one by the Census Bureau. Since then, Congress has provided temporary waivers to the PSL UZA
and others like it that broke the threshold in 2000 and still need the flexibility to use up to 50 percent of
their 5307 funding for operating expenses. Those waivers are unlikely to exist in perpetuity. Instead,
legislation is necessary to allow smaller transit systems, regardless of overall population which they may
serve, to retain flexibility in their use of their 5307 funding.
In the 112t' Congress, the House (H.R. 7) and Senate (S. 1813) have each introduced transportation
authorization measures that contain language that will allow for that type of critical flexibility. Also,
stand-alone legislation has been introduced in the House (H.R. 3545) that enjoys the support of both
Representatives Hastings and Rooney.
` `(2) SPECL4L RULE. —The Secretary may make grants under this section to finance the
operating cost of equipment and facilities for use in public transportation, excluding rail fixed
guideway, in an urbanized area with a population of not fewer than 200, 000 individuals, as
determined by the Bureau of the Census —
"(A) for public transportation systems that operate 75 or fewer buses during peak service hours,
in an amount not to exceed 50 percent of the share of the apportionment which is attributable to
such systems within the urbanized area, as measured by revenue vehicle -hours; and
` `(B) for public transportation systems that operate a minimum of 76 buses and a maximum of
100 buses during peak service hours, in an amount not to exceed 25 percent of the share of the
apportionment which is attributable to such systems within the urbanized area, as measured by
revenue vehicle -hours.
RECOMMENDED POSITION: Support H.R. 3545 and other legislation that allows smaller transit
systems to use up to 50 percent of their Federal Section 5307 funding for operating expenses regardless of
population.
NOTES:
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FEDERAL ISSUE: Federal Aviation Administration
BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Congress passed a final
reauthorization of Federal Aviation Administration (FAA) in early February that extends the program
through Fiscal Year 2015.
Among other things, the legislation authorizes $3.35 billion annually for the Airport Improvement
Program (AIP). AIP is a Federal grant program that provides funds to public airports to improve safety
and efficiency. The program is funded through taxes on airplane tickets and aviation fuel. This funding
stream is critical to improvements at the St. Lucie County Airport and is subject to annual appropriations
by Congress.
In the Fiscal Year 2013 Administration budget, there are also expected to be two proposals that could
significantly impact general aviation. These include instituting a "user fee" tax and eliminating the
Federal Contract Tower program at general aviation airports. Specifically, a $100 per flight fee on
aircraft that use controlled airspace may be proposed, which would hamper aeronautical and other
businesses that depend on general aviation yet may not have a customer base onto which to pass the fee.
Additionally, the budget may request the elimination of Federal funding to FAA contract towers served
exclusively by general aviation, such as at the St. Lucie County Airport.
RECOMMENDED POSITION: Support $3.35 billion in annual appropriations for the Airport
Improvement Program. Support any St. Lucie County Airport grant proposals through the Airport
Improvement Program. Oppose efforts to institute a per flight fee on general aviation aircraft that use
controlled airspace. Oppose the elimination of Federal funding to FAA contract towers served
exclusively by general aviation.
NOTES:
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FEDERAL ISSUE: Florida East Coast Railway
BACKGROUND' HOW IT MAY AFFECT ST. LUCIE COUNTY: The reintroduction of passenger
service along the Florida East Coast Railway is an initiative of the Florida Department of Transportation
and the Federal government (Amtrak). Specifically, this would include regular passenger service along
an existing freight line between Jacksonville and Miami and would include a new station in Fort Pierce.
RECOMMENDED POSITION: Support efforts to reinstate passenger service on the Florida East Coast
railroad corridor, including a station in Fort Pierce.
NOTES:
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FEDERAL ISSUE: Tax -Exempt Bonds
BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Although municipal bonds have
been tax-exempt for almost 100 years, a number of Federal proposals are being discussed which target the
tax exemption of tax-exempt bonds. With local governments facing severe budget difficulties, any
proposal to limit the tax exemption would put more pressure on local finances by reducing demand for
tax-exempt bonds and increase borrowing costs for state and local governments, ultimately leading to
higher taxes or reduced services. Specifically:
• The Administration proposed as part of a jobs and deficit reduction plan to limit the benefit of
itemized deductions and certain exclusions to 28 percent for higher income taxpayers.
• The Administration also proposed a new debt reduction trigger which could further limit the
exclusion for tax-exempt bond interest income below 28 percent. The new trigger could limit the
tax savings from tax-exempt bonds every year, increasing the risk and the cost of all tax-exempt
bonds.
• The Administration's National Commission on Fiscal Responsibility and Reform, also called
Simpson -Bowles, recommended a tax reform plan which would end the tax exemption for newly -
issued state and local bonds.
• The Bipartisan Policy Center has proposed a tax reform plan, also known as Domenici-Riviin,
which would end the tax exemption for all new private -purpose bonds.
• Senators Wyden and Coats have introduced the Bipartisan Tax Fairness and Simplification Act of
2011 which would replace tax-exempt bonds with taxable bonds and a tax credit.
• The Congressional Budget Office has released a report on revenue -raising opportunities that
includes a proposal to replace the tax exemption of municipal bonds with a direct subsidy for
issuers.
A St. Lucie County financial advisor has estimated that the difference in the rate of earnings that local
governments would need to offer prospective buyers of their taxable bonds would depend on the market,
but may be roughly 1.35 percent more for those offerings. On $10 million borrowed, this would likely
cost $1,660,000 over a 20 year term, a cost that would be borne by local taxpayers.
RECOMMENDED POSITION: Oppose legislation that would threaten the tax exemption on state and
local bonds.
NOTES:
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FEDERAL ISSUE: Sales -Tax Legislation
BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Currently, retailers are only required
to collect sales tax in states where they have brick -and -mortar stores. The burden then falls to consumers
who are required to report to state tax departments any sales taxes they owe for online purchases. Often,
consumers do not report those purchases when completing their tax returns. As a result, local retailers
who employ local residents are at a competitive disadvantage because they must collect sales taxes while
out-of-state retailers, including many large online and catalog retailers, in effect give their customers a
discount by collecting no state or local sales taxes. And, consumers are left with the confusing, yet legal
responsibility to report the sales taxes owed on online purchases on their tax returns.
The current sales tax system is perceived as being unfair to brick -and -mortar retailers that employ local
residents, including local stores'as well as national chains like Best Buy or Home Depot. It is also a drain
on local government revenues. In 2012, uncollected sales tax is estimated to cost local governments $23
billion nationwide.
To correct this inequity, S. 1832 has been introduced in the Senate during the 1120' Congress and is seen
as having the best chance of becoming law. The bi-partisan legislation is currently co -sponsored by 11
Senators, and for the first time has the backing of some major online retailers such as Amazon.com. In
the House, H.R. 3179 is a similar, bi-partisan bill that also has gained traction. To protect small, online
retailers, both pieces of legislation exempt sellers who make less than $500,000 in total remote sales to
qualify for an exemption and not required to collect the tax.
Local, state, and national business groups, such as the Florida Chamber of Commerce, Associated
Industries of Florida, Florida TaxWatch, Florida Retail Federation, and Amazon.com have all recently
spoken out in favor of this legislation. Two Florida Republicans and one Democrat in the House are also
co-sponsors of the legislation.
RECOMMENDED POSITION: Support S. 1832 and H.R. 3179 in order to allow for the lawful
collection of sales taxes on online and catalog purchases.
NOTES:
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FEDERAL ISSUE: Transient Occupancy Taxes
BACKGROUND,• HOW IT MAY AFFECT ST LUCIE COUNTY: In the 11 Ph Congress, attempts were
made by senior Senators to insert language into various pieces of legislation that would have exempted
online travel brokers (Expedia, Travelocity, etc.) from remitting the full bed tax rate collected from
consumers to the appropriate local government. For instance, if Expedia or a similar purveyor were to
pay $60 for a room in St. Lucie County and then sell that room to a consumer for $100, they would be
able to, under the proposal, only remit $6 dollars to the local government instead of $10 (using a 10
percent bed tax for illustrative purposes).
In late 2009, 17 Florida counties filed an action against a number of online travel companies alleging that
the companies have failed to collect and/or pay taxes under the respective tourist development tax
ordinances.
In 2011, St. Lucie County collected $2.4 million in transient occupancy taxes, which is used to support
the tourism industry in our region. This level of funding underscores the importance of this revenue
source and the need to ensure it is not constrained by detrimental legislation.
RECOMMENDED POSITION: Oppose legislation that would exempt Internet travel brokers from
paying taxes on the full room rate. (retail rate) paid by the consumer, thereby costing St. Lucie County and
its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from
visitors to the region.
NOTES:
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FEDERAL ISSUE: Economic Development Administration
BACKGROUND,• HOW IT MAY AFFECT ST. LUCIE COUNTY: The Economic Development
Administration (EDA) is primarily a granting agency that funds economic development projects
throughout the country. Successful projects usually leverage roughly 200 new jobs and $24 million in
private investment for every $1 million of EDA investment.
St. Lucie County has secured these funds in the past for economic development projects. More recently,
in December 2010, St. Lucie County submitted a grant application to the EDA to help fund an
infrastructure project at the Treasure Coast Research Park. The County requested $1,009,890 in Federal
funds and is offering a cash match of $2,596,860. EDA initially approved the grant, but later rescinded
the application due to challenges related to securing private sector commitments of job creation.
The President's Deficit Commission, as well as more recent Congressional proposals, has proposed the
elimination of EDA, as its mission is seen as duplicative by some. In mid-2011, the Senate failed to pass
S. 782, the "Economic Development Revitalization Act of 2011," which would have reauthorized the
Economic Development Administration (EDA) through 2015. EDA's authorization expired in September
2008, but funding via the appropriations process has kept it functioning without an authorization. In
addition to reauthorizing EDA, the Senate legislation would increase the authorized funding for the
program from $300 to $500 million annually. Despite the failure to pass the legislation, the EDA will
continue to operate through the annual appropriations process if provided sufficient funding by Congress.
In Fiscal Year 2011, Congress provided $283 million for the EDA. In Fiscal Year 2012, after the
Administration proposed $324 million, Congress ultimately provided $257 million in funding.
RECOMMENDED POSITION: Support continued funding of the Economic Development
Administration. Support St. Lucie County grant applications through the program.
NOTES:
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FEDERAL ISSUE: Community Services Block Grants & Low Income Home Energy Program Funding
BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Community Services Block
Grant (CSBG) program allocates Federal funding to alleviate the causes and conditions of poverty in
communities. The funds provide for a range of services and activities to assist the needs of low-income
individuals including those addressing employment, education, better use of available income, housing,
nutrition, emergency services and/or health.
In St. Lucie County, the Community Services Division administers CSBG funding, which is the most
flexible funding source the County has for addressing self-sufficiency initiatives. The program has
income requirements, yet is not an entitlement program, thereby allowing the County to work with clients
that are highly motivated to reduce their dependence on public benefits.
In Fiscal Year 2010, funding for CSBG was $700 million, from which the County received $166,461,
plus an additional $468,878 from additional funding provided via the American Recovery and
Reinvestment Act. In Fiscal Year 2011, Congress provided $678.64 million for the program, from which
the County received $157,579. In Fiscal Year 2012, Congress provided the program with the same
amount as in 2011.
The Low Income Home Energy Program (LIHEAP) provides heating assistance to low-income
households. Also administered in St. Lucie County, LIHEAP is the only lifeline for some of the most
impoverished families and seniors in the community. While LIHEAP is often thought of as being a
program benefitting northern states, it is equally important in Florida due to the expense of cooling a
residence during summer months of excessive heat.
In Fiscal Year 2010, Congress provided $5.1 billion for LIHEAP. St. Lucie County residents should have
been eligible for $1.79 million from the program during the year. In Fiscal Year 2011, Congress provided
$4.7 billion for LIHEAP. For Fiscal Year 2012, Congress provided the LIHEAP program with $3.48
billion, a significant reduction in funding which will mean relatively fewer funds for St. Lucie County's
program.
RECOMMENDED POSITION: Support adequate funding for both the Community Services Block
Grant and the Low Income Home Energy Program.
NOTES:
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T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 20
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FEDERAL ISSUE: Department of Housing and Urban Development Formula Programs
BACKGROUND,• HOW IT MAY AFFECT ST. LUCIE COUNTY: St. Lucie County and its two largest
cities receive direct allocations of funding from two Department of Housing and Urban Development
(HUD) formula programs: the HOME Investment Partnership (HOME) and Community Development
Block Grants (CDBG).
HOME funds are designed to create affordable housing for low-income households and are awarded
annually as formula grants to participating jurisdictions, including St. Lucie County (in partnership with
Martin and Indian River counties). HUD establishes HOME Investment Trust Funds for each grantee,
providing a line of credit that the jurisdiction may draw upon as needed. The program allows local
governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit
enhancement, or rental assistance or security deposits.
CDBG is a flexible grant program that provides communities with Federal funding to address a wide
range of unique community development needs. The CDBG program provides annual grants on a
formula basis to units of local government and states, including the cities of Fort Pierce and Port St.
Lucie.
In Fiscal Year 2012, HOME was reduced by 38 percent, from $1.6 billion in Fiscal Year 2011 to $1
billion in 2012. In Fiscal Year 2011, St. Lucie County and its partners received $627,909 in HOME
funding, while in Fiscal Year 2012, the counties received $468,982.
Similarly, CDBG funding was cut by nearly 12 percent, from $3.3 billion in Fiscal Year 2011 to $2.948
billion in Fiscal Year 2012. In Fiscal Year 2011, the County's cities received a total of $1,254,845, while
in Fiscal Year 2012, they received $1,241,475. The seemingly low reduction in funding masks the fact
that Fort Pierce faced a 22 percent reduction, while Port St. Lucie's allocation actually grew by 20
percent. HUD explains that this is due to changing demographics in each community as well as changes
to the type of data they use to make their funding decisions.
Since Fiscal Year 2010, HOME funding has been cut by 48 percent and CDBG funding has been cut by
25 percent.
RECOMMENDED POSITION: Support adequate funding for both the HOME Investment Partnerships
and the Community Development Block Grant programs because of their critical role in the County's
overall efforts to support those that are least fortunate.
NOTES.:
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T- 9f17_F3R.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 21
VAN S;!,L,�,0.4C
A 9 8 J`0 C I A T 1E 9
FEDERAL ISSUE: Property Assessed Clean Energy (PACE) Legislation
BACKGROUND,• HOW IT MAY AFFECT ST LUCIE COUNTY: Property Assessed Clean Energy
(PACE) programs aim to support energy efficiency and clean energy investments by homeowners,
eliminate the upfront cost barriers of those investments, and ensure that current and future homeowners
fairly share the costs and benefits of the improvements.
PACE is a financing tool that allows a homeowner to receive low -interest financing for energy efficiency
and renewable energy improvements, thereby saving that homeowner money on their utility bills. PACE
financing is repaid through a voluntary long-term assessment on a homeowner's property taxes over a 15-
20 year time period. If a homeowner sells their property, the repayment obligation, as well as the benefits
of the energy improvements, transfers to the next homeowner.
In 2010, Fannie Mae and Freddie Mac chose to stop underwriting mortgages with PACE assessments.
Because they underwrite nearly ninety percent of new mortgages, this has brought very successful PACE
programs to a halt. H.R. 2599, the PACE Assessment Protection Act of 2011 would restore the right of
local governments to establish PACE programs and would require that local governments follow prudent
standards to ensure that homeowners can afford any PACE assessments. The legislation also protects
Fannie Mae and Freddie Mac from potential losses.
St. Lucie County has already implemented a local conservation initiative similar to the PACE program.
Partially initiated by grant funding from the Department of Energy, the Solar and Energy Loan Fund is a
Community Development Financial Institution that offers financing for homeowners to make energy -
efficiency enhancements and investments in renewable energy.
H.R. 2599 has more than 50 co-sponsors, including both Democrats and Republicans in Florida such as
Representatives Hastings and Rooney. In the Senate, Senator Boxer (CA) introduced S. 3642 in the Illy
Congress. While she has yet to reintroduce the bill in the 1120' Congress, she is expected to do shortly.
RECOMMENDED POSITION: Support H.R. 2599 and any companion legislation in the Senate to
support the creation of PACE -style programs in St. Lucie County.
NOTES:
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsade.com I Page 22
VAN S`COV,.
FEDERAL ISSUE: Offshore Energy Exploration
BACKGROUND,• HOW IT MAY AFFECT ST._ LUCIE COUNTY: Active energy drilling currently
occurs in both the western and central Gulf of Mexico. However, nearly the entire eastern Gulf is
protected from drilling until 2022 by the Gulf of Mexico Energy Security Act of 2006 (GOMESA).
Drilling does not yet occur off of the Atlantic Coast of Florida. State waters in the Atlantic extend 3
miles from shore. The Federal government controls waters beyond that point.
In the 112t' Congress, the House of Representatives voted to dramatically expand offshore oil drilling in
an effort to lower gas prices and increase domestic revenue. Specifically, the House passed three pieces
of legislation that would reverse all current oil moratoriums (H.R. 1229), require the Department of
Interior to revisit oil projects that were rejected after the Deepwater Horizon spill (H.R. 1230), and make
acreage of the Outer Continental Shelf that is currently unavailable to lease available for drilling,
including the Atlantic Coast (H.R. 1231). Similar legislation (S. 953) was introduced in the Senate, but it
failed to receive the necessary votes to be considered.
The House has also recently proposed to link additional spending on surface transportation to increased
revenues from additional offshore energy exploration.
Late last year, the Administration proposed its Outer Continental Shelf (OCS) Oil and Gas Leasing
Program for 2012-2017. Within the program, the Administration does not propose to lease any areas in
the Atlantic for oil and gas drilling. They do, however, indicate that there is "ongoing seismic analysis to
determine resource potential" in the Atlantic.
In response to the plan, 180 members of Congress from both political parties sent a letter to the
Administration asking that they open up more areas of the OCS to drilling, including areas off the
Atlantic Coast of Virginia. Four members of the Florida House delegation signed the letter.
If Congress and the White House experience a political shift due to the 2012 elections, the chances of
increased energy exploration in areas that have been protected in the past may significantly increase.
RECOMMENDED POSITION: Monitor the potential expansion of offshore energy exploration in
Florida's Federal waters.
NOTES:
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 23
VAN".1SCQYOC
�10 C I A T.:a a
FEDERAL ISSUE: Public Pension Reform
BACKGROUND,• HOW IT MAY AFFECT ST. LUCIE COUNTY: The sponsors of H.R. 567 (Nunes,
CA) and S. 347 (Burr, NC), the Public Employee Transparency Acts, believe that public pensions are
significantly underfunded and are aiming to ensure what they believe will be more realistic asset
projections compared with promised liabilities.
Specifically, the legislation would require additional reporting of assets and liabilities and more
significantly, require that assets in a public plan such as the Florida Retirement System are projected to
grow at the rate of Treasury securities instead of rosier projections tied to historic stock market indices,
thereby greatly increasing plan liabilities. This might require projected growth rates of less than 1 percent
annually instead of growth rates between 6 and 8 percent, which is a common projection in many states.
The legislation would also disallow any future Federal bailout of public pension plans. Ultimately, the
legislation would likely make pension plans more expensive to participate in for local governments, yet
would also aim to make them more secure.
More recently, Sen. Orrin Hatch (UT), the Ranking Member of the Senate Finance Committee, released a
report saying that public pension debt "threatens America" and that "defined benefit pension plans are
inappropriate for state and local governments." He concluded his report by stating his intention to
introduce a legislative solution in the near future.
RECOMMENDED POSITION: Monitor all Federal legislative proposals related to public pensions,
including H.R. 567 and S. 347, the Public Employee Pension Transparency Act, all of which could
significantly impact the Florida Retirement System.
NOTES:
Van Scoyoc Associates Inc. 1 101 Constitution Ave., NW I Suite 600 West I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com 1 Page 24
e
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Public Works/Engineering Division
SUBJECT: Gazzara Retail Building
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
ITEM NO. VI-D1
DATE: 3/6/12
REGULAR
PUBLIC HEARING
LEG.
QUASI -JD
CONSENT
PRESENTED BY:
Michael Powley, P.E.
County Engineer %i�+�
PREVIOUS ACTION: August 18, 2010 - County Administrator approved Road Improvement Agreement
RECOMMENDATION: Board approval of the conditional acceptance of the off -site improvements and
Maintenance Agreement, release of surety in the amount of $83,437.11 and
authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
County Attorney ( x )
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
Daniel McIntyre
Originating Dept. ( x ) .
Don Id West
Road/Bridge (x)
qn Pauley
gazzara conditional acceptance release of surety.ag
Finance ( x )
Shai Frances
County Engineer ( x ) M�'p
Michael Powley
County Surveyor ( x ) 06111
Ronald Harris
y
Engineering Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer h4vP
DATE: March 6, 2012
SUBJECT: Gazzara Retail Building
ITEM NO. VI -DI
Background:
The Gazzara Retail Building is located at the southwest corner of Angle Road and Avenue A. The on -
site improvements consisted of a 4,200-square foot retail building, a parking area and stormwater
retention areas.
The developer was required to construct off -site improvements within the Angle Road and Avenue A
rights -of -way. The required improvements consisted of concrete sidewalk, drainage and roadway
improvements. This work has been completed. Inspection by staff resulted in a punch list of items
needing additional work.
The developer's contractor has successfully completed all punch list items. The developer's engineer
has issued a certification of completion together with record drawings (Attachment "A"). The developer
has executed the Maintenance Agreement (Attachment B ). The one year and 30-day maintenance
period begins upon Board acceptance of these improvements. Staff has reviewed the written
documentation and field verified the completion of the punch list items in conformance to the project's
plans and specifications.
Recommendation:
Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement,
release of surety in the amount of $83,437.11 and authorization for the Chairman to sign documents as
approved by the County Attorney.
Sol
In
MMBV
ENGINEERING, INC.
MOIA BOWLES VILLAMIZAR & ASSOCIATES
www.mbveng.com CA#3728
January 31, 2012
Mr. Patrick Dayan, P.E.
St. Lucie County Engineering Department
2300 Virginia Avenue
Fort Pierce, FL 34982
ATTACHMENT A
Subject: Gazzara Retail Building
ROW Permit Number: 010-093 & 010-094
St. Lucie County, Florida
Engineer's Project Number: 06-558 COA
Dear Mr. Dayan:
Please accept this letter as certifying that all site improvements for the Gazzara. Retail Building
have been completed in substantial conformance with our design documents and provisions of
the County's permit regulations.
Please note the following construction plan deviations that have been completed as per found
unknown and specific field conditions by the contractor under the supervision of the engineer of
record and as agreed upon by the county engineering inspector:
1. A Florida Power and Light conduit bank was found; to which inverts were slightly
modified between DS-6 and the existing manhole to accommodate the drainage pipe and
its proximity to the existing water main.
2. The Avenue A sidewalk was installed at a grade slightly higher than proposed; to which
the flow line was modified to be along the edge of shoulder at DS-3.
3. Again, the Avenue A sidewalk was installed at a grade slightly higher than proposed; to
which a hand rail was installed according to the Florida Department of Transportation
Index 870 adjacent to areas of excessive slope. Specifically this hand rail was installed
on both the west and east sides of the site entrance drive along Avenue A. The west hand
rail section is 15 lineal feet, while the east hand rail section is 21 lineal feet.
4. The hand rail also required a custom thickened edge concrete sidewalk detail; to which
one was specifically designed and utilized for construction. Please see the attached
signed and sealed detail.
5. An oak tree near the corner of Avenue A and Orange Avenue was determined to be in
conflict with the sidewalk pedestrian clearance; to which the oak tree was removed
without required mitigation per St. Lucie County staff.
183S 20th Street 1600 W Eau Gallie Blvd., Suite 203 806 Delaware Avenue
Vero Beach, FL 32960 Melbourne, FL 3293S Ft. Pierce, FL 34950
772.569.0035 321.253.1510 772.468.90S5
Fax: 772.778.3617 Fax: 321,253.091 1 Fax: 772.778.3617
We believe this certification of completion letter to be satisfactory for completion of the
associated project and in turn a certification of occupancy from St. Lucie County. Should you
have any questions regarding the above subject, please call.
,�kkaa$0111118C@�0[� y
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ATTACHMENT B
MAINTENANCE AGREEMENT
THIS AGREEMENT made and entered into this _ day of March,
2012, by and between CECILIA AND SEBASTIANO GAZZARA (the "Developer") and ST.
LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County").
WITNESSETH:
WHEREAS, the Developer intends to construct concrete sidewalk (the "Improvements")
and convey ownership and maintenance responsibility to the County; and
WHEREAS, as a condition for the acceptance of the Improvements by the County, the
Developer has agreed to post security in a form acceptable tot the County Attorney in the amount
of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1)
year and thirty (30) days from the date of conditional acceptance of the Improvements by the
County.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. SECURITY. The Developer agrees to provide the County with security in a form
acceptable to the County Attorney, in the amount of Twelve Thousand Five hundred and fifteen
dollars and fifty-seven cents ($12,515.57), representing fifteen percent (15%) of the cost of the
Improvements as submitted by the Developer's engineer and approved by the County Engineer
and as are more particularly set forth on those certain plans for construction improvements drawn
by the Developer's engineers, MBV Engineering, Inc. dated August 2, 2010. This amount shall
be retained for a period of one (1) year and thirty (30) days from the date of conditional
acceptance as described below to provide for maintenance of the Improvements to be dedicated
to the public and to indemnify and save the County harmless from any and all costs necessary to
repair or replace any part or portion of the Improvements occasioned by faulty engineering,
workmanship, or materials.
2. SUPERVISION OF CONSTRUCTION. The Improvements shall be
constructed under the supervision of the Developer's engineer in full compliance with the
specifications and requirements of St. Lucie County, and when complete, Developer's engineer
shall furnish the County Engineer with a certificate of satisfactory completion for approval.
3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the
Improvements, the Developer's engineer shall certify that the Improvements have been
constructed in accordance with applicable County requirements. When the improvements have
been certified by the Developer's engineer, the County Engineer shall inspect the improvements
and review the construction and supporting test/control data furnished by the Developer's
engineer. If all required improvements are completed to the satisfaction of the County Engineer,
the County Engineer shall confirm this in writing to the St. Lucie County Board of County
1
Commissioners and recommend that the Improvements be conditionally accepted.
4. RELEASE OF SECURITY. One year from the date the Improvements are
conditionally accepted by the Board of County Commissioners, the Developer shall contact the
County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear,
the Developer shall correct all deficiencies in an approved manner, except those damages that
are not a result of design or construction deficiencies. If the required corrective action cannot be
completed by the one year and 30 day expiration date, the County may so notice the Developer
that the required security will not be released until all necessary corrective actions have been
completed and approved by the County. When all corrections have been made, the County
Engineer shall so inform the Board. The Board of County Commissioners shall then act on
release of remaining development security, and final acceptance of the Improvements.
5. INTERPRETATION; VENUE. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof and supersedes all prior
verbal or written agreements between the parties with respect thereto. This Agreement may
only be amended by written document, properly authorized, executed and delivered by both
parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. 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 Agreement, venue
shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state
law and the Southern District of Florida for any claims which are justiciable in federal court.
(THE NEXT PAGE IS THE SIGNATURE PAGE)
2
IN WITNESS WHEREOF, the parties have caused this agreement to be made and
entered into the day and year first written.
WITNESSES.
ATTEST:
DEPUTY CLERK
rim
PRINT:
TITLE:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
mm
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
3
COUNTY ATTORNEY
r
v
AGENDA REQUEST
ITEM NO. VI — D�
DATE: 03/06/2012
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: Kings Highway Project - Transportation Regional Incentive Program
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Funds will be available in account 318-4113-563000-4176, County Capital —
Transportation Bond
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of Locally Funded Agreement with FDOT in the amount of
$1,285,000 for Kings Highway Project and Resolution No. 12-040 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 (X) // OMB Director (X)
Budget I Ei u get Analyst
Dan McIntyre Marie Gouin
Originating Dept. X _ _ _ - -ERD
Don d B. West Karen L. Smith
Public Works Department
MEMORANDUM
TO: Board of County Commissioners
FROM: Donald B. West
Public Works Director
DATE: March 6, 2012
SUBJECT: Kings Highway - Transportation Regional Incentive Program
ITEM NO. VI — D3
Background:
Currently, the County intends to continue partnering with FDOT to make improvements to Kings
Highway. This agreement will allow FDOT to proceed with design of the segment of Kings Highway
between Okeechobee Road (SR-70) and 1-95 Overpass.
By acceptance of the Locally Funded Agreement (LFA), the County agrees to share in the cost of this
project with FDOT.by providing 50% of the non-federal funds required to match the federal share.
The estimated cost of the project is $1,285,000; the County share is $1,285,000. Funds for the
County match will be available in the Transportation Trust Road Bond.
Staff has consulted with the County Attorney regarding the language in the agreement. The County
could be responsible for additional funding if Federal Highway Administration (FHWA) were unable to
fund its portion. However, the agreement includes a provision which allows the County the right to
refuse payment of any additional funding.
Previous Action:
January 15, 2007 - Approval of LFA with Florida Department of Transportation for the Kings Highway
PD & E study in the amount of $1,475,000.
Recommendation:
Board approval of Locally Funded Agreement with FDOT in the amount of $1,285,000 for Kings
Highway - -Project .__and.__ Resolution.. No. _12-040 _as_ outlined__ inthe _..agenda- _memorandum. and
authorization for the Chairman to sign documents as approved by the County Attorney.
RESOLUTION NO. 12-040
A RESOLUTION ACCEPTING THE FLORDA
DEPARTMENT OF TRANSPORTATION LOCALLY
FUNDED AGREEMENT (# 230256-2-32-01) FOR
DESIGN OF SR-713/KINGS HIGHWAY FROM SR-
70 AT THE TURNPIKE TO NORTH OF THE I-95
OVERPASS 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 design of SR-713/Kings Highway from SR-70 at the
Turnpike to North of the I-95 Overpass.
2. The Board should authorize and approve execution of the Locally
Funded 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 the Locally Funded
Agreement with the Florida Department of Transportation (# 230256-2-32-
01) for design of SR-713/Kings Highway from SR-70 at the Turnpike to
North of the I-95 Overpass.
2. The Board hereby authorizes and Chairperson to execute the
above -referenced agreement and further authorizes the County Attorney to
execute the agreement by approving it as to form and correctness.
J
After motion and second, the vote on Resolution 12-040 was as follows:
Chair Chris Dzadovsky
Vice -Chair Tod Mowery
Commissioner Paula Lewis
Commissioner Frannie Hutchinson
Commissioner Chris Craft
PASSED AND DULY ADOPTED this day of
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
V
Financial Project No.: 230256-2-32-01
COUNTY: ST. LUCIE COUNTY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGIONAL INCENTIVE PROGRAM
LOCALLY FUNDED AGREEMENT
THIS Transportation Regional Incentive Program Agreement ("Agreement"), entered
into this day of , 20 , by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to
as the "DEPARTMENT," and ST. LUCIE COUNTY, hereinafter referred to as the
"COUNTY."
WITNESSETH
WHEREAS, the COUNTY is willing to provide the DEPARTMENT with financial assistance
under Financial Management (FM) No. 230256-2-32-01 for the design of SR713/Kings
Highway from SR-70 (MP 0.00) at the Turnpike to North of the I-95 Overpass (MP 3.300).
Refer to Exhibit A, Scope of Services attached hereto and made of part hereof; and
WHEREAS, for the, purposes of this Agreement, the design of SR-713/Kings Highway is
hereinafter referred to as the "Project and
WHEREAS, the DEPARTMENT has the authority, under F.S. §334.044, to enter into this
Agreement; and
WHEREAS, the Transportation Regional Incentive Program was created by F.S. §339.2819 to
provide funds to improve regionally significant transportation facilities in "regional
transportation areas" pursuant to F.S. §339.155 (5); and
WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of F.S. §339.2819; and
WHEREAS, the Treasure Coast Transportation Council, acting as a designated regional
partnership under F.S. §339.155 (5)(c) and formed by an interlocal agreement, designated
SR713/Kings Highway as a regional facility; and
WHEREAS, the COUNTY by Resolution No. dated the day
of , 20 , a copy of which is attached hereto and made a
...part_.hereof,_has._authorized__the-Chairman.of its._ Board _-of _Commissioners or desig nee_to. enter
into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
Page 1
V.
2. SERVICES AND PERFORMANCE
A) The Project consists of design services of SR-713/Kings Highway from SR-70 (MP
0.00) at the Turnpike to North of I-95 Overpass (MP 3.300).
B) The DEPARTMENT agrees to undertake the Project in accordance with all applicable
. federal, state and local statutes, rules and regulations, and standards.
C) The COUNTY agrees to make all previous studies, maps, drawings, surveys and other
data and inforination pertaining to the Project available to the DEPARTMENT at no
extra cost.
D) The DEPARTMENT shall have the sole responsibility for resolving claims and
requests for additional work for the Project. The DEPARTMENT will make reasonable
efforts to obtain the COUNTY input in its decisions.
E) The DEPARTMENT agrees to provide progress reports to the COUNTY in the
standard format used by the DEPARTMENT and at intervals established by the
DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its
request, as to the status of work being done by the DEPARTMENT and the details
thereof. Either party to the Agreement may request and be granted a conference.
F) All tracings, plans, specifications, maps, and/or reports prepared or obtained under this
Agreement shall become the property of the DEPARTMENT without restriction or
limitation on their use.
G) All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
TO COUNTY:
Florida Department of Transportation
St. Lucie County
3400 West Commercial Blvd.
2300 Virginia Avenue, 2" Floor Annex
Fort Lauderdale, FL 33309-3421
Ft. Pierce, FL 34982
Attn: Leos Kennedy, Jr.
Attn: Michael Powley, County Engineer
With a copy to: Bing Wang
With a copy to: County Attorney
With a 2n copy to: General Counsel
3. TERM
A) Except as otherwise set forth herein, the term of this Agreement commences upon its
execution by both parties and shall continue in effect and be binding to both the
COUNTY and the DEPARTMENT until the Project is completed as evidenced by the
written acceptance of the DEPARTMENT or December 31, 2014, whichever occurs
first.
Page 2
B) This Agreement shall not be renewed. Any time extension shall be in writing and
executed by both parties, and shall be subject to the same terms and conditions as set
forth in this Agreement and contingent upon the DEPARTMENT'S Director of
Transportation Development or Designee's approval.
4. COMPENSATION AND PAYMENT
A) The COUNTY and the DEPARTMENT agree to share the cost of this Project FM#
230256-2-32-01. The COUNTY agrees to provide one-half (1/2) of the cost for Project
expenditures and the Department agrees to provide the other one-half (1/2) pursuant to
F.S. §339.2819
B) The estimated total cost as set forth in the DEPARTMENT's adopted work program for
this Project is TWO MILLION FIVE HUNDRED SEVENTY THOUSAND DOLLARS
($2,570,000.00). The DEPARTMENT's estimated share for the Project is ONE
MILLION TWO HUNDRED EIGHTY FIVE THOUSAND DOLLARS
($1,285,000.00). The COUNTY's payment for the Project is estimated at ONE
MILLION TWO HUNDRED EIGHTY FIVE THOUSAND DOLLARS
($1,285,000.00), which sum shall be paid to the DEPARTMENT. In the event the actual
cost of the Project results in a decrease to the COUNTY's share, the difference shall be
refunded to the COUNTY. In the event the actual cost of the Project results in a sum
greater than that paid by the COUNTY, then any additional cost shall be the sole
responsibility of the COUNTY and shall be paid to the DEPARTMENT.
The COUNTY agrees that it will, within thirty (30) days of execution of this
Agreement, furnish the DEPARTMENT with a check in the amount of ONE MILLION
TWO HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($1,285,000.00) towards
the Project Costs.
In the event payment is not received by the Department within thirty (30) days of
execution of this Agreement, the execution of the Professional Services design contract
of SR-713/Kings Highway may be delayed and/or terminated.
Remittance shall be made payable to the Department of Financial Services, Revenue
Processing. Payment shall be clearly marked to indicate that it is to be applied to FM
Project No.: 230256-2-32-01. The DEPARTMENT shall utilize this amount towards
costs of project 230256-2-32-01.
C) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is
contingent upon an annual appropriation by the Florida Legislature.
Page 3
D) In the event Project modifications increase or exceed the estimated amount of the
Project authorized in paragraph 4(B), the DEPARTMENT and the COUNTY shall meet
and attempt to mutually agree to the amount and distribution of the additional funding
needed to fund the completion of the Project. Any funding increase as a result of
modifications to the Project shall be added by means of an amendment to the Agreement
to be signed by both parties before work is undertaken. However, in the event the
COUNTY and the DEPARTMENT fail to negotiate an amendment for any reason
whatsoever, the Project shall not include such modifications.
E) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty days (360) of final payment to the Consultant. The DEPARTMENT considers the
Project complete when the final payment has been made to the Consultant, not when the
design services are complete. All Project cost records and accounts shall be subject to
audit by a representative of the COUNTY for a period of three (3) years after final close
out of the Project. The COUNTY will be notified of the final cost. Both parties agree
that in the event the final accounting of total Project costs pursuant to the terms of this
Agreement is less than the total deposits to date, a refund of the excess will be made by
the DEPARTMENT to the COUNTY. If the final accounting is not performed within
three hundred sixty(360) days, the COUNTY is not relieved from its obligation to pay.
F) The payment of funds under this Agreement will be made directly to the Department of
Financial Services, Division of Treasury for deposit as provided in the attached
Memorandum of Agreement (MOA) between the COUNTY, the DEPARTMENT and
the State of Florida, Department of Financial Services, Division of Treasury, a copy of
which is attached hereto as Exhibit B.
G) Should the DEPARTMENT and the COUNTY decide to proceed with subsequent
phases of the Project, the AGREEMENT may be amended to identify the respective
responsibilities and the financial arrangements between the parties, and/or a new
Agreement will be procured and executed.
5. ROADWAY LEVEL OF SERVICE
A) F.S. §163.3180 requires that facilities funded through the Transportation Regional
Incentive Program adopt the level of service standards established by the
DEPARTMENT for the Project limits.
B) The logical termini for level of service purposes are SR-713/ Kings Highway from
SR70 (MP 0.00) at the Turnpike to North of I-95 Overpass (MP 3.300).
C) The COUNTY agrees to use the DEPARTMENT's adopted level of services. throughout
the design services of the Project. The level of services designated by the
DEPARTMENT for the facility in this Project is LOS D.
Page 4
D) The COUNTY agrees that once the additional capacity from the Project is available for
purposes of concurrency under F.S. §163.3180, it will officially adopt the
DEPARTMENT'S level of service for the segment of SR-713/ Kings Highway between
the logical termini specified in (B), above. This will be accomplished through an update
to the comprehensive plan within one year. If the COUNTY is unable to meet the
DEPARTMENT's level of service, the COUNTY in consultation with the
DEPARTMENT shall either adopt a long-term concurrency management system for
such segment pursuant to F.S. §163.3180 (9) and 163.3177(3)(d), which may include
interim level of services standards, or seek other options as provided by state law.
6. INDEMNITY AND INSURANCE
A. INDEMNITY
i) With respect to any of the COUNTY's agents, consultants, subconsultants,
contractors, and/or sub -contractors, such party in any contract for this Project shall
agree to indemnify, defend, save and hold harmless the DEPARTMENT from all
claims, demands, liabilities, and suits of any nature arising out of, because of or due
to any intentional and/or negligent act or occurrence, omission or commission of
such agents, consultants, subconsultants, contractors and/or subcontractors. The
COUNTY shall provide to the DEPARTMENT written evidence of the foregoing
upon the request of the DEPARTMENT. It is specifically understood and agreed
that this indemnification clause does not cover or indemnify the DEPARTMENT for
its own negligence.
ii) When either party receives notice of claim for damages that may have been caused
by the other party in the performance of services required under this Agreement, that
party will immediately forward the claim to the other party. Each party will
evaluate the claim, and report its findings to each other within fourteen (14) working
days and jointly discuss options in defending the claim. A party's failure to
promptly notify the other of a claim will not act as a waiver or any right herein.
7. MISCELLANEOUS
A) This AGREEMENT and any interest herein shall not be assigned, transferred or
otherwise encumbered by the COUNTY under any circumstances without the prior
written consent of the DEPARTMENT. However, this AGREEMENT shall run to the
DEPARTMENT and its successors.
B) The DEPARTMENT will comply with all federal, state, and local -laws -and--ordinances - - -
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
Page 5
C) The COUNTY / Vendor/ Contractor:
(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 the COUNTY/
Vendor/Contractor 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.
D) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
E) This .AGREEMENT is governed by and construed in accordance with the laws of the
State of Florida. Venue with respect to judicial proceedings arising out of this
Agreement shall be in Broward County, Florida.
F) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representation or agreements whether oral or written. It is further agreed
that no modification, amendment, or alteration in the terms and conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
SPACE INTENTIONALLY LEFT BLANK
Page 6
IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman/Councilman of ST. LUCIE COUNTY or its designee, as authorized by
Resolution No. , and the FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its
behalf through its District Secretary or authorized designee:
ST. LUCIE COUNTY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
BY:
NAME:
GERRY O'REILLY
TITLE:
DIRECTOR OF TRANSPORTATION DEVELOPMENT
ATTEST:
LEGAL REVIEW:
BY: BY:
COUNTY CLERK
APPROVED:
BY:
COUNTY ATTORNEY
(SEAL)
OFFICE OF THE GENERAL COUNSEL
APPROVED:
BY:
PROFESSIONAL SERVICES ADMINISTRATOR
Page 7
A
EXHIBIT "A"
SCOPE OF WORD
The DEPARTMENT shall design the new 4-lane divided facility to be constructed within
the limits below:
Roadway improvements shall include reconstruction of Kings Hwy from SR70/Okeechobee
Road (MP 0.00) to North of I-95 overpass (MP 3:300) from a 2-lane undivided roadway to a
4-lane divided facility with raised medians, 12-foot travel lanes, 22-foot median, 5-foot bike
lanes, 5-foot sidewalk on west side and 1246ot shared use path on east side, closed and/or
open drainage including a new detention pond(s), signing and marking, signalization,
lighting, landscape, and irrigation.
These improvements shall be consistent with the approved Project Development &
Environmental (PD&E) document under FM No. 230256-5.
The DEPARTMENT shall be the lead agency in the design of the Project.
Page 8
Exhibit "B"
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this , day of
, 20_ , by and between the State of Florida, Department of Transportation,
hereinafter referred to as "DEPARTMENT", the State of Florida, Department of Financial
Services, Division of Treasury hereinafter referred to as "TREASURY", and St. Lucie Cou oy,
hereinafter referred to as the "COUNTY".
WITNESSETH A3.
WHEREAS DEPARTMENT is currently constructing the foll roject:
Main Financial Project Number: 2*-2-32-01
County: ST. LUCIE COUNTY
hereinafter referred to as the "Project".
WHEREAS, the DEPARTMENT and the COUNTY entered into
Regional Incentive Program (TRIP) Locally F nd Agreement (LFA) dated
20
a Transportation
wherein DEPARTMENT agreed to certain work on behalf of the COUNTY in
conjunction with the Project.
WHEREAS, the pa 9i this AGREEMENT mutually agreed that it would be in the
best interest of the DEPA NT and the COUNTY to establish an interest bearing escrow
account to provide fa r the work performed on the Project on behalf of the COUNTY by
the DEPARTMENT:�,
NO ' PIEREFORE, in consideration of the premises and the covenants contained
herein, h.e ies agree to the following:
1. The DEPARTMENT and the COUNTY agree that the recitals set forth above
are true and correct and deemed incorporated herein.
2. An initial deposit in the amount of ONE MILLION TWO HUNDRED EIGHTY
FIVE THOUSAND DOLLARS ($1,285,000.00) will be made by the COUNTY
into an interest bearing escrow account established by the DEPARTMENT for
the purposes of the Project. Said escrow account will be opened with the
TREASURY, on behalf of the DEPARTMENT upon receipt of this
Memorandum of Agreement. Such account will be an asset of the
DEPARTMENT.
Page 9
3. Other deposits may be made by the COUNTY as necessary to cover the cost
increases or the cost of additional work prior to the execution of any
Supplemental Agreements or Amendments.
4. Payment will be made as follows (check appropriate payment method):
0 Wire transfer
F-1 ACH deposit
Check
A wire transfer or ACH p
deposit is the referred method of payment and should be e
p
whenever possible. Following is the wiring and ACH deposit instructions:
For wire transfers: Bank of America
Account # 001009068974�
ABA # 026009593 a°
Chief Financial Officer of Florida ON
Re: DOT — K 11-78, Financial Project '
For ACH deposits: Bank of America
Account # 001009068974 �
ABA # 063100277 / �,
Chief Financial Offi r o lorida
Re: DOT — K I I - ancial Project #
If a check is the method of pa t, he check shall be made payable to the Department of
Financial Services, Revenue ssing and mailed to FDOT, OOC-GAO for appropriate
processing at the followir Z ess:
A�I'Tallahassee, Florida 32399
5. The DEPARTMENT's Comptroller or designee shall be the sole signatories on
the escrow account with the TREASURY and shall have sole authority to
authorize withdrawals from said account.
Fl ' • epartment of Transportation
Z'"-GAO, LFA Section
6 "5 Suwannee Street, MS 42B
6. Unless instructed otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of funding the
COUNTY's portion of the Project as defined in the LFA.
Page 10
7. The TREASURY agrees to provide written confinnation of receipt of funds to the
DEPARTMENT.
8. The TREASURY further agrees to provide periodic reports to the
DEPARTMENT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FIN
DIVISION OF TREASV
ST. LUCIE
10"
SERVICES
y
BY:
NA
` 4E:
m
2300 VIRGINIA AVENUE
FORT PIERCE FL 34982
ADDRESS
F-591-474-012
f' FEDERAL EMPLOYER I.D. NUMBER
F4
f�
Page 11
Exhibit "B"
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this , day of
, 20_ , by and between the State of Florida, Department of Transportation,
hereinafter referred to as "DEPARTMENT", the State of Florida, Department of Financial
Services, Division of Treasury hereinafter referred to as "TREASURY", and St. Lucie County,
hereinafter referred to as the "COUNTY".
WITNESSETH
WHEREAS, DEPARTMENT is currently constructing the following project:
Main Financial Project Number: 230256-2-32-01
County: ST. LUCIE COUNTY
hereinafter referred to as the "Project".
WHEREAS, the DEPARTMENT and the COUNTY entered .into
Regional Incentive Program (TRIP) Locally Funded Agreement (LFA) dated
, 20
a Transportation
wherein DEPARTMENT agreed to perform certain work on behalf of the COUNTY in
conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the DEPARTMENT and the COUNTY to establish an interest bearing escrow
account to provide funds for the work performed on the Project on behalf of the COUNTY by
the DEPARTMENT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. The DEPARTMENT and the COUNTY agree that the recitals set forth above
are true and correct and deemed incorporated herein.
2. An initial deposit in the amount of ONE MILLION TWO HUNDRED EIGHTY
FIVE THOUSAND DOLLARS ($1,285,000.00) will be made by the COUNTY
into an interest bearing escrow account established by the DEPARTMENT for
the purposes of the Project. Said escrow account will be opened with the
TREASURY, on behalf of the DEPARTMENT upon receipt of this
Memorandum of Agreement. Such account will be an asset of the
DEPARTMENT.
Page 9
3. Other deposits may be made by the COUNTY as necessary to cover the cost
increases or the cost of additional work prior to the execution of any
Supplemental Agreements or Amendments.
4. Payment will be made as follows (check appropriate payment method):
D Wire transfer
F-1 ACH deposit
Check
A wire transfer or ACH deposit is the preferred method of payment and should be used
whenever possible. Following is the wiring and ACH deposit instructions:
For wire transfers: Bank of America
Account # 001009068974
ABA # 026009593
Chief Financial Officer of Florida
Re: DOT — K 11-78, Financial Project #
For ACH deposits: Bank of America
Account # 001009068974
ABA # 063100277
Chief Financial Officer of Florida
Re: DOT — K 11-78, Financial Project #
If a check is the method of payment, the check shall be made payable to the Department of
Financial Services, Revenue Processing and mailed to FDOT, OOC-GAO for appropriate
processing at the following address:
Florida Department of Transportation
OOC-GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
5. The DEPARTMENT's Comptroller or designee shall be the sole signatories on
the escrow account with the TREASURY and shall have sole authority to
authorize withdrawals from said account.
6. Unless instructed otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of funding the
COUNTY's portion of the Project as defined in the LFA.
Page 10
7. The TREASURY agrees to provide written confirmation of receipt of funds to the
DEPARTMENT.
8. The TREASURY further agrees . to provide periodic reports to the
DEPARTMENT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
ST. LUCIE COUNTY
NAME:
TITLE:
2300 VIRGINIA AVENUE
FORT PIERCE FL 34982
ADDRESS
F-591-474-012
FEDERAL EMPLOYER I.D. NUMBER
Page 11
ITEM NO.
DATE:
AGENDA REQUEST REGULAR
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Housing and Community Services/Library
SUBJECT: Friends of the Library Donations
VI—E
3/06/12
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( X )
PRESENTED BY: ,
Susan Jacob f
Library Manager 1
BACKGROUND: The 2011 Friends of the Library Annual Dinner Meeting generated donations
totaling $5,000. The money was specifically raised to assist the Library in building
its circulating E-Book collection.
FUNDS AVAILABLE: 001-7110-366900-715 Friends of The SLC Library
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the Memorandum of Understanding, Budget Resolution 12-038,
Position Request 12-002 and acceptance of the donations, as outlined in the
agenda memorandum and authorization for the Chairman to sign documents
as approved by the County Attorney.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
Coordination/Signatures
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
County Attorney ( ) OMB Director ( )
Budget Analyst MU
Daniel S. McIntyre Marie Gouin
Sophia Holt
Originating Dept. ( ) <
Beth Ryder
Housing and
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director �,/_4-
FROM: Susan Jacob, Library Manager )i
DATE: March 6, 2012
SUBJECT: Friends of the Library Donations
ITEM NO. VI-E
Background:
On February 1, 2012, the Library officially debuted its collection of circulating downloadable a -books
and audio. Library patrons will now be able to download books and audio selections from our nascent
collection which will be purchased item by item from a company called OverDrive, the major U.S.
supplier of circulating e-materials to public libraries. The Friends of the St. Lucie County Library has
provided $5,000 in support of this endeavor. These funds were raised by the Friends at their 2011
Annual Dinner Meeting.
The Friends have also offered $150,000 in support of maintaining public access to Branch Libraries
for the next two (2) years. These funds must be used to assist with operation of the children's
programs and other operating expenses. The funds are provided with the requirement that there are
no further reductions in library hours. This private -public partnership was discussed at an Informal
Board meeting on October 26, 2010 and was an integral part of the Board's approval on December 7,
2010 to commence construction of the Hurston Expansion. The funds will be provided in three
installments over the course of the next 24 months.
The Hurston expansion includes an enhanced children's area and an additional 5,000 square feet,
requiring additional personnel. A full-time Children's Specialist is needed to cover Hurston and will
also be utilized to assist other Branches with children's programming.
Recommendation:
Board approval of the Memorandum of Understanding, Budget Resolution 12-038, Position Request
12-002 and acceptance of the donations, as outlined in the agenda memorandum and authorization
for the Chairman to sign documents as approved by the County Attorney.
Attachments: Memorandum of Understanding
Budget Resolution
Position Request
Job Description
RESOLUTION NO. 12-038
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 Friends of the Library in the amount of $42,500.
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 6th day of March, 2012, 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
001-7110-366900-715 Donations $42, 500
APPROPRIATIONS
001-7110-512000-715 Salaries $27, 711
001-7110-552000-715 Operating Supplies $ 9,789
001-7110-554100-715 Books and Subscriptions $ 5,000
After motion and second the vote on this resolution was as follows:
Commissioner Chris Dzadovsky, Chairman XXX
Commissioner Tod Mowery, Vice Chairman XXX
Commissioner Chris Craft XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 6TH DAY OF MARCH 2O12.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
POSITION REQUEST FOR FISCAL YEAR 2011-2012
IEPARTMENT: Housing and Community Services
RECOMMENDED:
X
YES
I
NO
I
I REVISED
1IVISION: Libraries
APPROVED
YES
NO
REVISED
OSITION TITLE Program Specialist - Children FTE: 1.00
ALARY: $30,763 JOB CODE: 966
ENEFITS: $24,659 PAY GRADE: 16
'OTAL BUDGET: $55,422 PAY SCALE: $14.79 to $22.73
USTIFICATION:
The Friends of the Library have offered $150,000 in support of maintaining public access to Branch Libraries for the next
two (2) years. These funds must be used to assist with operation of the children's programs and other operating expenses.
The funds are provided with the requirement that there are no further reduction in Library hours. This private -public
partnership was discussed at an informal Board meeting on October 26, 2010 and was an intregral part of the Board's
approval on December 7, 2010 to commence construction of the Hurston Branch expansion. The funds will be provided
in three installments over the course of the next 24 months.
The Hurston expansion includes an enhanced children's area and an additional 5,000 square feet, requiring additional
personnel. A full-time Children's Program Specialist is needed to cover Hurston and will also be utilized to assist other
Branches with children's programming.
OSITION REQ#: PR12-002
ACCOUNT#: 001-7110-512000-715
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) regarding the Zora Neale Hurston
Branch Library, is made and entered into this day of , 2012, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as the "County", and FRIENDS OF THE ST. LUCIE COUNTY LIBRARY ASSOCIATION, INC., a
Florida non profit corporation, hereinafter referred to as the "Friends."
WITNESSESTH:
WHEREAS, due to budgetary constraints, the County has considered closing several
branches of the Library System, including the Zora Neale Hurston Branch and the Port St. Lucie
Branch, hereinafter referred to as the "Branch Libraries"; and,
WHEREAS, the County and Friends believe that access to all branches of the Library is
imperative during the current economic climate; and
WHEREAS, the Friends wish to assist the County in insuring -that the Public continues to
have, at least, limited access to all branches of the Library System for the next two years.
NOW, THEREFORE, the parties of this Memorandum of Understanding agree as follows:
1. Purpose. The purpose of this MOU is to establish the responsibilities of the
parties with regard to the Friends' donation to the County in order to maintain public access to
the Branch Libraries for the next two (2) and to assist with the operation of the children's
programs and other expenses at the Branch Libraries.
2. Friends' Responsibilities. The Friends agree to donate a total of one hundred
fifty thousand and 00/100 dollars ($150,000.00) to the County to be used toward maintenance
of public access to the Branch Libraries and operating costs for children's programming and
other associated expenses. Such funds shall be primarily used for expenses at the Branch
Libraries but may be used for expenses at other County libraries as may be determined by the
Library Manager. The donation will be made in three payments to be distributed as follows:
(i) the first payment in the amount of $37,500.00 will be paid on or before April 1, 2012, (ii) the
second payment in the amount of $75,000.00 will be paid on or before October 1,2012, and
(iii) the final payment in the amount of $37,500.00 will be paid on or before October 1, 2013.
3. County Responsibilities. The County agrees to use the funds donated by the
Friends toward providing continued public access to the Branch Libraries for the next two years
from the date of this Memorandum of Understanding and assisting with the operating costs for
1
children's programming and other expenses. Such funds shall be primarily used for expenses
at the Branch Libraries but may be used for expenses at other County libraries as may be
determined by the Library Manager. In the event that the Board of County Commissioners
determines that it is necessary to close the Branch Libraries prior to the end of the two (2) year
period or receipt of any portion of the funds, Friends will have no further obligation to pay the
remaining balance of the funds to the County.
4. Notices. All notices, requests, consents and other communications required or
permitted under this Memorandum of Understanding shall be in writing (including telex and
telegraphic communication) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
addressed to:
As to County:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, FL 34982
As to Friends:
Friends of the St. Lucie County
Library Association, Inc.
101 Melody Lane
Fort Pierce, Florida 34950.
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, FL 34982
With a copy to:
Padrick A. Pinkney, Esq.
211 SE Village Drive
Port St. Lucie, Florida 34952
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 telecommunicated if by telegraph, (c) on the date of transmission with
confirmed answer bank if by telex, and (d) 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. Whenever any party hereto is required to give its approval or
disapproval to any matter contained herein, such approval or disapproval shall be given within
twenty (20) days from receipt of written requests for approval or approval shall be deemed to
be granted.
S. Governing Law and Venue. The validity and interpretation of this
Memorandum of Understanding and the legal relations between the parties hereto 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 Memorandum of Understanding, venue shall be in the
2
Nineteenth Judicial Circuit in and 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.
6. Entire Agreement. Unless otherwise specified, this Memorandum of
Understanding embodies the entire understanding between the parties, and any prior or
contemporaneous representations, either oral or written, are hereby superseded. No
amendments or changes to this Memorandum of Understanding shall be effective unless made
in writing and signed by an authorized representative of each party.
IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the day
and year first above written.
r-11% ■Z*71IF
Deputy Clerk
ATTEST:
SECRETARY
s:\atty\agreemnt\friends of library.mou.doc
C
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
1:3'F
County Attorney
FRIENDS OF THE ST. LUCIE COUNTY
LIBRARY ASSOCIATION, INC.
BY:
PRESIDENT
(SEAL)
J
PROGRAM SPECIALIST - LIBRARY
PAY GRADE 16
SALARY: $14.79 - $22.73/hr
JOB CODE: 966
MAJOR FUNCTIONS
This is an advanced independent position which is responsible for overseeing, supervising, and/or
conducting a program or service for the public and/or clients in group or one-on-one settings. Generally
works under the direction of a division manager, administrative librarian, or library branch supervisor.
KNOWLEDGE, ABILITIES, AND SKILLS
Knowledge:
1. Strong knowledge of business English, public speaking, report writing and record keeping.
2. Considerable knowledge of library procedures and basic principles of staff management.
3. May require knowledge or background in a specific program or service.
Abilities:
1. Provide and present information in an organized and understandable manner.
2. Establish effective working relationships with external agencies, County staff and the general public.
3. Understand and implement grant and/or program requirements.
4. Instruct patrons and staff in basic computer skills and library procedures.
5. Work with minimal supervision to accomplish program or service goals effectively and efficiently.
6.
Skills:
1. Intermediate to advanced proficiency in Internet searching, MS Windows and Office software (Excel,
Word, and PowerPoint).
2. Communicate effectively, both verbally and in writing, including grammar, punctuation and spelling.
ESSENTIAL JOB FUNCTIONS
1. Engage and work with the general public and/or program participants to accomplish program goals
and objectives.
2. Continually update knowledge and improve program information, procedures and requirements.
3. Train program staff on program requirements, service approaches and delivery.
4. Maintain and monitor program data and records as required, including compliance with County
and/or grant policies and procedures.
5. Evaluate program and staff effectiveness. Develop and prepare program materials or initiate
strategies to strengthen and improve service delivery.
6. Track and/or oversee program revenues and expenditures, assure accuracy and compliance with
County policies and procedures, statutes and grant requirements.
7. Ensure errors or discrepancies are avoided or corrected in a timely manner.
8. Respond appropriately to program participant and/or public concerns and requests.
9. Prepare and review program fiscal, financial and service delivery reports as required.
10. Monitor the program's fiscal position and alert supervisor to concerns in a timely manner.
11. May train and/or supervise administrative, program or fiscal staff.
12. Perform other related work as required, including administrative, fiscal or program support.
13. Must be able to work a flexible schedule which may include evenings and weekends.
ESSENTIAL PHYSICAL SKILLS
Good vision and hearing with or without correction. Use of both hands and fingers with dexterity.
Occasional walking and standing is required. Lifting of up to 30 pounds.
ENVIRONMENTAL CONDITION REQUIREMENTS
Constant work inside library facility in a sedentary or standing position. Some areas of the library facility
may have high dust levels that may cause allergic reactions.
WORK HAZARDS
Possible vision or hand/arm dysfunction due to heavy computer work.
SAFETY EQUIPMENT USED OR NEEDED: None
EDUCATION
Bachelor's degree from and accredited college or business school is preferred. A comparable amount of
relevant training or experience may be substituted for the preferred educational qualifications.
EXPERIENCE
At least three years of experience in a related program or service. Additional education may be
substituted for up to two years of library experience.
LICENSE CERTIFICATION OR REGISTRATION
Valid Florida driver's license with a clean driving record and the ability to drive. The Department may
require applicant to have or obtain specific certification or training.
Union Non -Union Exempt Non -Exempt
Created 07/2010
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Housing and Community Services/Housing
SUBJECT: Award of Invitations to Bid (ITB) 5 and 6
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001519-5420-583000-500 CDBG 08 DR[ TS Fay
185012-5420-583000-500 SHIP 10/11
001448-5420-583000-500 RCMP
PREVIOUS ACTION: N/A
ITEM NO. VI -E'er
DATE: 03/06/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
PRESENTED BY:
Diana Wesloski
Housing Manager
RECOMMENDATION: Board approval of bid awards as outlined in agenda memorandum for one
demolition/replacement and one rehabilitation project ITB #5 and ITB #6 funded
under the Community Development Block Grant Tropical Storm Fay, State
Housing Initiative Program (SHIP) and the Residential Construction Mitigation
Program (RCMP) and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
Coordination/Sionatu res
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
County ( ) OMB Director ( )
Attorney Budget Analyst
Daniel S. McIntyre Marie Gouin
Sophia Holt
Originating
Dept.'`.
Beth Ryder
Housing and
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director
FROM: Diana Wesloski, Housing Manager 00
DATE: March 6, 2012
SUBJECT: Award of Invitations to Bid (ITB) 5 and 6
ITEM NO. VI-EZ.
Backaround:
The Housing Division received Federal and State grants that provide funding for low-income
residents to assist with rehabilitation or replacement of owner occupied homes.
An Invitation to Bid was advertised on January 29, 2012. A mandatory project review with
contractors was completed on February 3, 2012. On February 17, 2012, bids were evaluated for
compliance with the approved Housing Assistance Plan.
Staff is recommending award of the projects to the following qualified lowest bidders:
• ITB #5 to A. Thomas Construction Inc. located in Port Saint Lucie award amount $84,400
• ITB #6 to Gentile, LLC. located in Fort Pierce award amount $45,040
All projects incorporate energy efficient products, including Energy Star appliances, solar hot water
heaters, low flow faucets and Low-E impact windows.
Recommendation:
Board approval of bid awards as outlined in agenda memorandum for one demolition/replacement
and one rehabilitation project ITB #5 and ITB #6 funded under the Community Development Block
Grant Tropical Storm Fay, State Housing Initiative Program (SHIP) and the Residential
Construction Mitigation Program (RCMP) and authorization for the Chairman to sign documents as
approved by the County Attorney.
Attachment: Bid Tabulation
4, tT�
t. Lucie County Housing Program
Date: 02/1712012 @11:00 A.M.
AWM CONSTRUCTIONJNC.
FAX: 772-487-9859
$100,085.00
$ 55,003.00
A THORS CONSTRUCTION
FAX: 772-595-5261
$84,400.00
$49,045.00
BLACK STREET
FAX: 77246&0191
$96.990.00
NIA
GENTILE, LLC
0
FAX: 561-688-1398
$89,990.00
$45,040.00
GROZA BUILDERS' INC.
FAX: 772-336-2272
$125.684.00
N/A
JJ DESIGN & CONSTRUCTION
FAX: 321-768-6873
$87,600.00
N/A
WELLS BROTHERS CONSTRUCTION CO.INC.
FAX: 772-220-7831
$154,700.00
$135,282.00
math errors
NUMBER OF COMPANIES NOTIFIED:
358
358
NUMBER OF BID DOCUMENTS DISTRIBUTED:
14
14
NUMBER OF BIDS RECEIVED:
7
4
'PER DEMANDSTAR.COM
AGENDA REQUEST
ITEM NO.
DATE:
REGULAR
VI-E;9
3/6/2012
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT M
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Wesloski 'OV,
SUBMITTED BY: Housing and Community Services/Housing Housing Manager
SUBJECT: State Housing Initiative Partnership (SHIP) Emergency Rehabilitation Mortgage
Settlement
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to settle an Emergency Repair SHIP Mortgage for less than
the owed, amount 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
Coordination/Signatures
County Attorney ( ) f,�OMB Director ( )
tl Budget Analyst
Daniel S. McIntyre
Originating Dept. ( ) 69 9—
Beth Ryder
Marie Gouin
Sophia Holt
Housing and
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director
FROM: Diana Wesloski, Housing Manager
DATE: March 6, 2012
SUBJECT: State Housing Initiative Partnership (SHIP) Emergency Rehabilitation Mortgage
Settlement
ITEM NO. VIES
Background:
On January 26, 2009, Dale and Kimberly Tucker executed an Emergency Rehabilitation SHIP
mortgage in the amount of $7,554.25. The mortgage has a forgiveness period of 5 years, at a 20%
reduction per year until the balance owed is zero, as reflected below.
• January 26, 2010
$6,043.40
• January 26, 2011
$4,532.55
• January 26, 2012
$3,021.70
• January 26, 2013
$1,510.85
• January 26, 2014
$0.00
On February, 21, 2012, a request from Sun Title Agency, LLC was faxed offering a payoff amount
of $1,000 in order to close the short sale of the Tucker's home.
In the event the short sale is not able to go through, the property will be foreclosed on by
CitiMortgage, Inc. thus adding to the County's inventory of foreclosed properties. CitiMortgage, Inc.
has the first and second lien on the property and has authorized the short sale.
Recommendation:
Board authorization to settle an Emergency Repair SHIP Mortgage for less than the owed amount
and authorization for the Chairman to sign documents as approved by the County Attorney.
Attachment: Emergency Rehabilitation SHIP Mortgage
Letter from Sun Title Agency, LLC requesting SHIP Mortgage payoff
Letter from CitiMortgage, Inc. accepting and authorizing the short sale
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY
FILE # 3325055 OR BOOK 3072 PAGE 202, Recorded 03/24/2009 at 12:45 PM
Doc Tax: $26.25
STATE HOUSING INITIATIVE PARTNERSHIP
EMERGENCY REHABILITATION ASSISTANCE
•
• ST. LUCIE COUNTY MORTGAGE
THIS MORTGAGE is made on January 26, 2009. The grantee/s are Kimberly & Dale Tucker,
a married couple ("Borrower"). This Mortgage is given to St. Lucie County, a political subdivision of the State of
Florida, and whose address is 2300 Vir inia Avenue, Fort Pierce, Florida 34982, St. Lucie County ("Lender").
Borro owes Le er he print' sumo even T usan our red r r tars n 0.
lid
50.00 lu ecordin fees ' the t of a Hu red Four Dollars d . 5/100. ]04. for tal
ount f Seven T usa d F' e H dred Fi Fo r Dollar an .25/100. 75 .25 . his bt is vide by
no er's Note dal e s me ate as this M rtga e, whit pr vides for de rral an or r yen s of thm nt or a portion thereo if a Borrower co plie with t e to s of No and this ortgage Theloae ced by the Note and ec ed by this Mort age (the " oar") is being de pursuant Sec on 420.907,
n Statutes, as amended, tat Housin initi Live artne hi
llt addit9on fo the oar, he B�rr�wer'may ve an 'ling' rtgage loan (th " ' Mo Loan")
(the ` for Lien Hol ), which an is secur y a Fir Mortgage lien n the Propert (the "First Mo gage").
The documen evidencing or securing irst Mortgage Loan are collectively referred to eretn as the First
Mortgage Loan Documents.
This Mortgage secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals,
extensions and modifications of the Note: (b) the payment of all other sums, advanced under paragraph 7 to protect
the security of this Mortgage; and (c) the performance of Borrower's covenants and agreements under this Mortgage
and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender and Lender's
successors and assigns, subject to the rights of the Senior Lien Holder under the First Mortgage, the following
described property located in St. Lucie County, Lot 2. Block 14, RIVERPARK UNIT TWO , which has the
address of ("Property address") 422 Coconut Ave. Port Saint Lucie, FL 34952.
TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns, forever, all
the imp o r hereafter he property ts, appurt and fix w or
here r a part of the pr perly, replacements nd addi ions shall also be co red y this M rtga e. All of he
fo eoin s refe to in this ortR as t "Prop (—
BORROWE�CO EN NTS that Bo we 's law lly s rzed oft est to here* conJsyed d has the
I
o mortgage, grant an co ey the Property and except
for Mo age and o er enc brances of
cor acceptable to the Len er, he Property is enc mbere . -Borrower w nts and will-4fen generally the
t le t the property against al cla' sand deman s, s ject to uch ermr ed encumbrances or cor as of the date
1. Payment of Principal. Borrower shall promptly pay when due the principal of the debt evidenced
by the Note.
2. Prior Mortgages; Charges; Liens. The Borrower shall perform all of the Borrower's obligations
under the First Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay all taxes,
assessments, charges, fines and impositions attributable to the Property that may attain priority over this Mortgage,
and leasehold payments or ground rents, if any. If Borrower fails to perform its obligations under the First Mortgage
and/or its obligations under this Mortgage, Lender may, at its option, declare the full amount of this Mortgage
immediately due and payable.
Exce t for the lien of the First Mortgage, Borrower shall promptly discharge any other lien which shall have
attain priority ov 1 Mor nless Bo wer: (a) a�Zes m wrt mg a pa obli7forceme
red
by a lien ' nner a epta to L (b) c tests id faith the lien b , or fends a firsttof
t lie rn, legal pr teed ngs hit to the Le er's piniopera a to pre nt t enf cem t of (c)
vtc oven w i c rrruc, c v.�
secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Mortgage.
Except for the lien of the First Mortgage, if Lender determines that any part of the Property is subject to a lien that
may attain priority over this Mortgage, Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy such lien or take one or more of the actions set forth above within 10 days of the giving of notice.
3. Subordination. Lender and Borrower acknowledge and agree that this Security Instrument is
subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all
advances her fore made or which ma hereafter be made pursuant to the First Mortgage for the purpose of (a)
protec ' K or furthe sec ing the en of the 'rst Mortge, curing e a by e ono er u er a first
$"furnishing, fixt ng r e pping the ope . In the eveUsabili,'
los a or eed lieu f for closure
First Mortgag y p ovi(in
s herein res icti the B rroto ell the rop she have no
force or effect. Any perscluding hi suc essors r avi title to a Prop through a
;ure or deed in lieu o foreure of the Fir t M rtgage hall receive title o the Prope free d clear from
ctrictions. Tn the event ofsforeclosure r de d in lie of f Lender may, at it opti n, declare the
Punt of this Mortgage i mtely due a pay le.
4. Ha d or Prop Insure . Borrow&Cshall keep th�mprovements ow existing or reatter
erected on t e roperty insured against oss by fire, hazards included within the term "extended coverage" and any
other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained
in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender's approval that shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in
the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee
clause. All requirements hereof pertaining to insurance shall be deemed satisfied if the Borrower complies with the
insurance requirements under the First Mortgage. All original policies of insurance required pursuant to the First
Mortgage shall be held by the Senior Lien Holder; provided, however, Lender shall be named as a loss payee as its
interest may appear and shall be named as an additional insured. If Lender requires, Borrower shall promptly give
to lender-cuotes-ef-all-receipts of vaid--premitrms and rename event 9£.loss4orrowygr- Lpive
to the insurance 9ier, the Senioi\Lien Helder and Lender.
Unless Lender and orr wer otherwise a ee 'n writi g, ' surance p cee s shall appTidd to estoration
r re air of the damaged Pr pe , if the restorati nor repair s ec y fe ible and Le der's s urity is not
sse ed. If the restoration or pair is not ec om ally f ible or Len s security wou b lessened, the
sure ce proceeds she be a p1i to the sums cur by thi Mo gage, whether or not then d e, ith any excess
p 'd to ow
o we ban s the ope , or does of swer within 30 days a noti e fr m Lender that
the urance carrier ha offere settle a claim en Le der may collect he insurance roceeds. Lender ay use
the proc or restore the pay sums Mortgage, whe ue. The
30 day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing any
application of proceeds to principal shall not extend or postpone the due date of the payment referred to in paragraph
I.
Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall
be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance
with the First Mortgage.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within sixty days after the execution of this Mortgage. Borrower shall not destroy, damage or impair the Property,
allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
nr.iinri,r5r nrncee ether ci orwt c i -ml. is bezu a m en a ood foffi Ju4nlent goutd-rusakt in
Or O erWl enau mpan w ucu c,cawu vy 5�5" � J
ire such default a rei state, as pro ided in t ' M rtgag by usin the lion or
OR BOOK 3072 PAGE 204
proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the
Borrower's interest in the Property or other material impairment of the lien created by this Mortgage or Lender's
security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially
false or inaccurate information or statements to Lender (or failed to provide Lender with any material information)
in connection with the loan evidenced by the Note, including, but not limited to representations concerning (i)
Borrower's occupancy of the Property as a principal residence and (ii) Borrower's income. If this Mortgage is on a
leasehold, borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,
the Ieaseholl antLthe fee title shall not meree unless Lender agrees to the merger in writing.
further evi nce by se rate agree ent cordedIloripa
land re rds
the Property e i acc rdtoSect n 4 0.907, Statutes as
Theviolation of su re ictions shall co stit e a deult f the Nodand
6. Protection f L der's Rights n t Prop rty. err fails to p"ender's
nts and
a eem is contained ' is ortg e, or there a l al proce din that may significantlights in
the rope as a ocee ' g in ptcy robat r co ion or forfeitaws or
regula ' s , then Le r may do ay for w ever is ne essa to rote the value of
rights in the Property. Lender's actions may include paying any sums secured by a ]ien which has priority over this
Mortgage (including sums secured by the First Mortgage), appearing in court, paying reasonable attorney's fees and
entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not
have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured
by this Mortgage.
7. Inspection. Lender or its agent may make reasonable entries upon and inspections of the property.
Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the
inspection.
+ natio� e p�6eeadg of any aa�yard e dama, rforgsOn con��equenria� in
any co demna ' n or other taking of J�, part of the Prop r for con�eya ce m lieu of
In the event of a t al ing of the Pro erty the p1'.
ee shall b app ed to th sum3�sec ed by this
ort age, whether or not th n du ,with any exces pai to Hoow a even of a partial t ing o he Property
i which the fair market valu of a Property im dia ly bef the fakir i ual to or greater than the amount of
t e su s secured by t ' Mo ag 'mmediately efor the tak ng, nless the Borrower and Len err o herwise agree
in iti the su sec ed this ort shal be red d b mount of the pro mu ied by the
folI ing fraction; (a) a total ount of the su s se
cur d immediately fore the taki , divided by (b) the fair
market v to,
immedt a the taking. all be paid to B ent of a
partial taking of the Property in which the fair Market value of the Property immediately before the taking is less
than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in
writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this
Mortgage whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner
offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the
date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or
repair of the Property or to the sums secured by this Mortgage, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or Qstp.Qne the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of
9. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor
in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand
made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any
right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
10. Su ces rs and ssi ns Bou Joint r Several Lis i ' ,, Cosg ners. he venants nd
��+hoe �nY—tir M t. ch I h;M-mtfl-henefttfthe suc bessors and Assiens ot\t en and il subW to
�aph 15. B ow is ove is and agr me shall b joi t and sev 1. ny B ow wh co-s' ns this
p but does' n ec e th Note: (a) is c -sig ing thi Mo gage onl to ortgag gr nd c vey the
:r's interest in the Pr pe under the terms of is Mo age is pe Wally obli ated tor2ify,"fiosbe.sr
te umby this Mortgage; an (c agreesthat Len er d any er Borrower agree to exte d, to
any accommodatio s w h regard to t to s oft is or the Note witho t thorrower's
s. Any no to Borro r provide for in this M gage shall be�iven by deliveg it or
by mailing it by first class mail unless app icable law requires use of another method. The notice shall be directed to
the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class mail to Lender's address stated herein or any other address Lender designates by notice to
Borrower. Any notice required to be given to the Senior Lien Holder shall be given by first class mail to such
address the Senior Lien Holder designates by notice to the Borrower. Any notice provided for in this Mortgage shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
12. Governing Law; Severability. This Mortgage shall be governed by Federal law and the laws of
the State of Florida. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without
the conflicting provision. To this end the provisions of this Mortgage and the Note are declared to be severable.
rrower's CoDye-B—orrower shall be aivew-ene-eenforpted copy-44he, Note�and--ef�this
14. Tr n r UU
erty or a en icial In ere t in Borro er. If all o any ppr[pt the roperty
r an interest in it is sold o(or if a be efic al in
st ' Borrowe is so d or tran erred/and and orrower is
of a atural person) withourior writ
con ent, le der its op ' n, require i media payment in
11 all sums secured byage. How ver, this op ion shall not exercised by L nde if exercise is
ohi 'led by Federal I asof this rtga e.If Lender exer ' es, Lender s II give orrower and th Senior Lien older prior writte notice
of acce e ' noticenod not less om the date t veed or
mailed within which borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further
notice or demand on Borrower.
15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the
right to have enforcement of this Mortgage discontinued at any time prior to the entry of a judgment enforcing this
Mortgage. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this
Mortgage and the Note as if no acceleration hand occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Mortgage, including, but not limited to, reasonable
attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Mortgage,
Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue
unchanged 1 �pnnreinstatement by Borrwer this Mortgage and the obligations secured hereby shall remain fully
OR BOOK JUIX PAUL 'LUb
effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under paragraph IS.
16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with
this Mortgage) may be sold one or more times without prior notice to Borrower. A sale may result in a change in
the entity (known as "Loan Servicer") that collects monthly payments due under the Note and this Mortgage. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servic orrower will be givenn
n notice of the change in accordance with Paragraph 12 above and
applic a law. Th not a will s e thm nd addr s of the new Lo ervi er and t add ess tow ch
nav ante cb.P he made. he nn rn will nntai nv of ' tfnrma+inn rennlre bV hca IeW.
17. Haou Su lances. Borro er s all not aus or petmi the resence, use,`�ydpos storage,
e of any hazardous _bs ces on or in th Pr erty. orr wer s not o, nor all anyon also to do,
affecting the prope th t is in violation fan Envir nmentaI law. T preceding tw ent ces shall not
the presence, use, or sto eon the prop rty small uan rdous substance tha are generally
ed to be apprptf-We t no 1 residenti ase and tom inte ance of the Property,
orrower s promptly ' e Lenderymitten notiSq of any inves ' ation, claim, demand, lawsuitbr other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental law of which Borrower has actual knowledge. If Borrower leams, or is notified by any
governmental or regulatory authority, that any removal or other remedies of any Hazardous Substance affecting the
Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental law.
As used in this paragraph 18, "Hazardous Substances:" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials. As used in this paragraph 18 "Environmental Law" means Federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection.
ation, Re der shall ower pr" elerat mg
wer's breach of an coven or agreement i this M rtgage. The notice s Il s ecify: (a) at efault; (b) he
to r tred to re th def lt; ( a date, t les than 3 ays om to no i e is ven to orr er by
-h a default m t b cur d. d (d) that fat re t cure th de ult on or efor the da spa if
in a notice
sult in acceleration of the ums secured by this ortga e a sale of a Pr perry. e n ice s all further
Borrower of the righ to einstate after ac ler ion an the ' o brin a court actt to ert the non-
t ce of a default or any othe defense of Bo ow to ace leration and If the default s no cured by the
ro er on or before a da sp ified in the tice then Le der t its option may require im edi to payment in
of a ms se ed b thi or[ a wi ut er de d a invoke any other edie rmitted by
ble law. Lender all be titled to coIle all exp se incurred i pursuing the emedies provide in this
ierao nA, but not lima on attom osts of title evid
19. Release. Upon satisfaction of the terms and condition of the Note and this Mortgage, including
payment of all sums as required by this Mortgage, Lender shall release this Mortgage without charge to Borrower.
Borrower shall pay any recording costs.
20. Modification of First Mortgage Loan Documents. The Lender consents to any agreement or
arrangement in which the Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the
First Mortgage Loan Documents, including any provisions requiring the payment of money.
21. Loan Intended as Personal Benefit. The loan secured by this Mortgage was made by Lender to
Borrower pursuant to Lender's Program. The loan, therefore, is made at an interest rate and upon terms generally
more favors to the Borrower than would -otherwise be available to the public at large. Accordingly, the Borrower
OR BOOK 3072 PAGE 207
understands that this loan is intended to be a personal benefit and not as a benefit that he can transfer to successive
owners of the property.
22. Recapture of Funds. In the event the Borrower fails to occupy the property as Borrower's
principal residence as required by the St. Lucie County Housing Assistance Plan (the HAP), the entire investment of
funds, as stated in the mortgage and note shall be recaptured from the Borrower by the Lender in keeping with the
provisions of the HAP. However, in the event of foreclosure if the net proceeds of a foreclosure sale (if any) are
insufficien w the Lender to reca he full investment, reca tore by the Lender of the net proceeds of the
forec ure sale (if an ) s all be d ed to satin he recap a requirements o e H
B(Bo
I tNG BEL W. he orr er and the end acceptand a ree to th erm and
c nts contained i s rtg e.
I
wer. B rro .e ticker
K bey uc er
I
T or prm name ype or print me
I
I
Signature of Borrower Signature of Borrower
I
Witness: Type or print name
I
I
Signature of Witness
I
Witness: Type or print name
Signature of Witness
l HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and
in the county aforesaid to take acknowledgments, personally appeared Dale & Kimberly Tucker to me known to be
the person(s) described in and who executed the foregoing instrument and they acknowledged before me that
executed the same.
WITNESS my hand and office seal in the County and State last aforesaid this ; u
day of A.D. 20-0-9-.
UK tbVUtC SV/G YALUts YVO
STATE HOUSING INITIATIVE PARTNERSHIP
EMERGENCY REHABILITATION ASSISTANCE
ST. LUCIE COUNTY PROMISSORY NOTE
CONSI tER TTO of a mutual blig ions an co itions o he anXled.n
h low and in
Tount
of the at d ortg ge executed b St, ucie un as Lend r, a d erl ucker
ou le, as Borrow r(s) the undersigned Bo wer(s) joi ( an eral ,po pay the order
LUCIE COUNT BO RD OF COUN Y OMMI STONERS, (he n calcie ounty"), the
m of Seven Thou and our Hundre if Dollar an 7 450.0ord g fees in the
One Hun Fo r D lars and 5/1 104 25 or a total amountT ousand Five
' r Dollars a d .2 755 5 wi tntere e n at zero ) per until
paid. rest loans a maxim term of thirty y rs. Loans are eferred ana s ecifi period
and tern. u ayments will be accepted -at the principal office of the St. Lucie County Community Services
Department, 437 North 7`s Street, Fort Pierce, FL. 34950, Attention: Housing Division, or at such other places
as shall be designated by St. Lucie County. The amount of loan shall be due and payable upon transfer of property
The undersigned reserve(s) the right to prepay at any time all or any. part of the principal amount of the
Note without payment of penalties or premiums. Any payment of the Note prior to default shall be applied to the
principal due on the Note. All payments, other than prepayments, shall be applied first to the interest due on the
Note, and then to the principal due on the Note, and the remaining balance shall be applied to late charges, if any.
As a condition of receiving this loan, the undersigned understand and agree to the following:
1. That St. Lucie County has Funds available to assist qualified residents to secure loans to purchase
lhousing. made at t ted in 1 an s
/generall more avorabble tot a orrow, s) than is otherwis aP Table to t e p blic at Tar e.
��Arcnrdi nlv. e R ewer . unde tand(sl at �stHT�s inten _d to e a ersona ben i and
not s a in in nt to increase a lue of orro er's prop rasaZe
ower(s)
can transfe to a uccessive owne of a prop rty. This not vid nces amade by
holder to B ro er(s) under the . Lu ie Co tyL ousin ssistanP") and is
subject to a re ulations issued ere der Se tion 420.9 77 orida Statis secured
by a rtga e ( "Mortgage" date the s e da a as this note.2. A lien cured the property d cribed i the attached m rtgage is here in avor of
ucie County security fo which mayby the
Borrower(s) or Borrower(s) estate, personal representatives, heirs, or devisees under the provisions
of this Note.
3.
4.
The Borrower(s) agree(s) that Borrower(s) will remain in possession of the real property; and that
any improvements to the real property will not be sold, conveyed, leased, rented, vacated, or
otherwise disposed of during the term of this Note. Borrower(s) further agree(s) to, at all times
during the terns of this Note, maintain the above -described property and improvements thereon in
compliance with all Federal, State, and local laws, standards and codes, including, but not limited
to, zoning, health, fire, safety, and minimum housing codes.
In the event that the Borrower(s) sell(s), convey(s), lease(s), rent(s), vacate(s) or otherwise
d;en 1`0 of the real nrnnerty during the term of this Note. then the aeereeate sum mentioned
OR BOOK 3072 PAGE 209
sum was originally stipulated to be paid on such day, anything herein to the contrary
notwithstanding.
5. Should the Borrower(s) fail to fully comply with the conditions and obligations set forth in this
Note, then the lien established by this Note may be foreclosed upon, as provided by law, and, in
addition the conditions and obligations hereof may be enforced by any other appropriate action, in
law or equity, at the option of St. Lucie County.
A os , includi reasonab omey's es, w is may ' curre y t. Cie unty or e
ollecti o(es,
amo hich ay bee due cie Co ty reund , or ich ma e
inc ed byu a County i the forcem nt o the con ions d o 'gati s se orth erein,
whe sui ught or not, sh 11 b assesse ag inst and b the bligatio oft on er(s).
7. The provisf this Note sh II b bind i g upon the Bo wer(s) and t e est te, personal
representatiirs, and devise s of dece ed
t:�B�®rr
P, an of mand pr hereby waive , th rsigned
(s) here waive(s), the exte t authorized b law, any and II homestead a other
exemption rights whic o erwise would apply to the debt evidenced by this Note.
Parcel ID: 3419-510-0120-000-8
Address: 422 Coconut Ave Fort Pierce, FI 34952
BY SIGNING BELOW The Borrower and the Lender accept and agree to the terms and covenants contained in
this Promissory Note.
Borrower: Borrower:
Witness: Type or print name Witness: Type or print name
Signature of Witness
STATE DA
Utobe
T.L CI
ie c tyche perso s
cuted the ai
S y nd9
My Commission Expires:
Signature of Witness
CERTIV that�n this djy. efore me,
to take ackn wle gments pe ovally ap
•ibed in and ho execut d th for
NOTARY PUBUCSTATE OF FWRIDA
Jennifer Hance
1 E Commission #DD753151
Expires: JAN. 29, 2012
BONDED 7aaD An ANrnC BOND1XG CO, INC.
seal a. c4ty and ktat� last aforesaid this Z1 day
in Ke State
Tucker to
Notary Public
State of Florida
Sun Tithe Agency LLC
27 SE Ocean Blvd.
Stuart, Florida 34994
Phone: (772y288-4357 Fax: (772) 288-2384
February 21, 2012
St. Lucie County
Attn: Jennifer
VIA Facsimile: (772)462- 2 t?55
Re: Our File Number: 324-T-11
Mortgagor: Dale R. Tucker and Kimberly K. Tucker
Property Address: 422 Coconut Avenue E, Port St. Lucie, FL 34952
Dear Jennifer:
Per our conversation this morning, our office is handling a Short Sale Transaction for Mr. and
Mrs. Tucker. They currently have a total of (3) Mortgages recorded against the property. The first
lien holder who is CitiMortgage has itemized what they will pay to the 2nd and what they will
pay to your office. Being St. Lucie County is in 3rd Position, they have offered a $1,000 as the
total net payoff. Please confirm in writiing that this amount will be acceptable for the Payoff of
the above referenced account.
We expect to close on or before February 22, 2012 and your mortgage will be satisfied at that
time. Please provide the payoff amount good through the expected closing date. I am enclosing
copies of the Proposed HUD-1 Settlement Statement and the Payoff from CitiMortgage.
Please FAX the information to our office. Our fax number (772) 288-2384.
If you should hav any questions regarding this request, please do not hesitate to contact me.
Thank you in advance for your cooperation. Please reference our file number in all
correspondence.
Sincerely,
g
orley
ate Closeres
7
Pay Off Request Letter
atimortgage'".
02/17/2012
Pat Short
Geary Law (11111ce P.A.
Fax. 772-288.2:584
Account Numb, er: 5002937772 (12MS)
Customer- Dale Tucker
Mmberly Tucker
422 E Coconut Ave
Port Saint Lucie FL 34952
Dear Customer:
This letter serve's as CitiMortgage, Inc.'s authorization and acceptance of a short sale on the property
securing the ab,:,ve referenced loan. CitiMortgage, Inc will receive a payoff on the above ref6renc;ed
account, in the amount of $19,399.15.. The short sale payoff figure is only good through 02/24/12. If full
payment is not ro-ceived prior to 02/24/12 a new payoff Figure will be required.
CidMortgage's approval is subject to the terms and conditions stated in this letter_ Any requested
changes to the terms and conditions of this Ietter must be requested in writing by you or your authorized
representative amid must be approved by CitiMortgage.
CitiMortgage's :ihort sale approval is contingent upon the following terms and conditions being met:
1. The HU(:1-I Settlement Statement. must identify Dale & Kixuberly Tucker the seller(s).
2. The contract sales price is not less than $28,000.00
3. The real estate agents' commissions for the short sale transaction shall not exceed $1,680.00
(6% of tl:e contract sales price).
4. The cloy- ng should take place on or before; 02/24/12. Any extensions of the closing date beyond
the approved date must be approved by CitiMortgage, Inc. and a new payoff figure may be
required.
S. The moagagor(s) or customer(s) listed on CitiMortgage's Security instrument must be the
owner(s) of record (in title to the property) at closing.
6. The contract for the sale of the property is an arms length transaction, negotiated between the
customer(s) and the buyer(s) who are unrelated parties, with each party acting in their own self
interest. The contract sales price is the fair market value of the property and is the result of a fair
bargainirg. The customor(s) warrants that they are not related to the buyer(s) of the transaction,
by blood, marriage, friendship, commercial unterprisc, business relationship, or in any other
manners.
7. Dale & I,'Umberly Tucker is to receive no proceeds from the sale of the above property. Any
and all refunds or credits should be added to the short sale payoff figure and remitted to
CitiMortliage, Inc. at the time of closing.
VG/ 11/Gv IG II.vi rhA 014DUoIf 131
IA 002/004
8. A copy of the BUD Z settlement statement and a Copy of either the certified funds with an
overnight delivery tracking number (UPS, Fed'Ex, etc.) or the bank wire confirmation slip
must be, faxed to Bryan Geiger (866) 963-0657 at the time of closing.
9. Certified funds or bank wire must be received on or before 02/24/12.
10. Only up,)n receipt of certified ,funds and the final (or certified copy) HUD 1 settlement statement,
will Cil; :Mortgage, J,nc. release its mortgage on the property and waive any deficiency against
Dale & )Kimberly Tucker for the remainder of the debt. CidMortgage, Inc. reserves the right to
revoke 1;'►is short sale authorization until the certified funds and final HUD 1 settlement statement
is reeehiM and reviewed.
11. Any fur•ds held in the CitiMortgage, Inc. Escrow/ Impound Account and/or insurance claim
proceed; will be considered the property of CitiMortgage, Inc. and will be applied towards the
loss on the account.
12. A copy of this letter must be provided to ):tale & Kimberly Tucker at the time of closing.
Sincerely,
..Bryan Geiger
Real Estate Recovery Specialist
Direct: 469-2211 ••3490
Please deliver t;;te certified funds by overnight mail service to:
CitiMarlgage
Attn: Payment Processing - Recovery
4740121 " Street MS 2222
Urbandolie, IA. 50323
Please wire pay off funds to:
CitiBank, N.A.
New Castle, Delaware
ABA # 031100209
Credit To: CitiMortgage
Account # 38681139
Wire Memo Inito Required: Short Sale
Customer Nam,,-: Dale & Kimberly Tucker
Customer 10 Digit Account Number: 5002937772 (RMS)
Important Information
Please send a crpy of this payoff statement with the payoff funds to ensure property credit and handling.
Please include ii correct forwarding address to ensure proper handling of the release of Mortgage and/ or
Deed of Trust, nad important tax information.
If a monthly pa:,meat check is returned by your bank i'or stop payment, insufficient funds, etc. PRIOR to
the receipt of thr; payoff funds, will change the payoff amount and additional funds will be required to
pay the loan in :'ull.
A check returned by your bank for stop payment, insufficient funds, etc. AFTER the receipt of the
payoff funds will cause t'lae Mortgage and/ or Deed of Trust to NOT be released until the return check
clears your banl, or additional replacement -funds are sent to CitiMortgage, Inc.
We will forward all related release documents to the County Recorder's Office following payoff.
Notice to Seller; Customer:
Upon receipt of this payment, CitiMortgage, Inc will report as "paid in full for less than the 'full balance"
to all credit reps -ling agencies.
If more than $600.00 is forgiven as a result of settling a debt for less than the balance owing,
CitiMortgage, It1c, is required to report the amount of the debt -forgiven to the Internal Revenue Service
on a 1099C form, a copy of which will be mailed to you.
By agreeing to t,iis shortSale transaction, you hereby authorize and agree; that CitiMortgage, Inc. or
insurer may canr;el any insurance written in connection with the loan and assign and grant any refund of
premium to CitiMortgage, Inc. to be applied to the balance shown above.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
U'L/ I (/LU I I f :U 1 FAX zif' b D j 4 1:1
16 004/004
0T%
cififinancial
02/1 7/2012
DALE TUCKER
422 L COCONUT gVENUE
PORT SAINT LUI'!IE FL 34952
Customer Previotl3 Acct#: 2009130200556
mortgage
RE: Settlement
Previous Axount Number: 2009130200556 Balance: $20,887.d8
Dear Customer,
Per our con-borsation. CitiFinancial has agreed to accept the total amount of $2,000.00 to settle -in -full the above
referenced a.;count. Upon receipt of payment, and clearance of funds, we will notify the credit reporting agencies
that the account has been settled for less than the full balance,
The lump su n amount of $2,000.00 must be received on Or before 02/24/2012. Please use one of the following
payment del: •tery options.to ensure your payment is received on time;
• Ba n k Wire Instructions:
Avount number:
A13. W
Name;
Ovvriaight mail, to:
WACHOVIA
20000283268.52
053000219
Ciffinancial, Inc.
Ciffinancial
605 Munn Rd
Fort MR, SC 29715
If you have miy questions regarding this matter, please feel free to contact me at (800) 346-3051 ext. 2203490,
Thank you Re your cooperation.
Sincerely,
Recovery Sp ycialist
ID; 9998
This is an attempt to collect U debt and any information obtained will be used for that purpose
If you are reps; stinted by an, attorney, please refer this letter to your.attorney And provide us with the attorney's name address and
telephone numlior.
To the extent y uur obligation has bccn discharged, or is subject to an autamadd stay under the United States Bankruptcy Code,
this notice is tier compliance and/or informational purposes only and does not constitute a demand for payment or an attempt to
collect such of ligation.
Whenever roar. than $600,00 of n debt is forgiven an it rcxult of settling a debt For leas than rho buluncc owing, we aro required to .
report the amo 1nt of the debt forgiven to the Internal Revenue Service on a 1099C form, a copy of which will be mailed to you.
CH0504(11-9P I40.dot
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
ITEM NO. WEA
DATE: 03/06/12
AGENDA REQUEST REGULAR ( )
BOARD OF COUNTY COMMISSIONERS
Housing and Community Services
Neighborhood Stabilization Program 1
Approval to enter into Contract
See attached memorandum.
001612-5420-549605-500 NSP1
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
PRESENTED BY:
Diana tiJltesloski
Housing Manager
March 10, 2009 — Permission to apply for NSP1 grant.
August 11, 2009 —Acceptance of NSP1 grant.
December 6, 2011 —Award of RFQ No. 11-044 Construction Contractor Pre -
Qualification
RECOMMENDATION: Board approval to enter into contract for construction of two new homes under the
St. Lucie County NSP1 Grant as outlined in the agenda memorandum 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
Coordination/Signatures
County Attorney ( ) OMB Director
f / Budget Analyst
Daniel S. McIntyre .
Originating Dept. ( )
Beth Ry er
Marie Gouin
Sophia Halt
Housing. and
mmun Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Directo
FROM: Diana Wesloski, Housing Manager V
DATE: March 6, 2012
SUBJECT: Neighborhood Stabilization Program 1
Approval to enter into Contract
ITEM NO. VI —E4
Background:
The NSP 1 program was authorized by the Housing and Economic Recovery Act of 2008. The
NSP1 funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and
abandoned properties in order to help stabilize neighborhoods. St. Lucie County's allocation is
$3,984,601.
The home at 234 Jardain was purchased on September 9, 2010 and 113 E Aldea was purchased
on January 15, 2010. Rehabilitation cost for these properties exceeded the cost to demolish and
reconstruct. Therefore, it was determined a demolition/rebuild would be appropriate. All county
building code requirements and fee requirements will be strictly followed.
On January 26, 2012, staff held a mandatory bid preview with the contractors on the NSP1 rotating
list. Quotes were received on February 9, 2012.
Staff is recommending award of the following:
a 234 Jardain Road to Black Street Enterprises at 535 NW Mercantile Place, Port St. Lucie for
$118,189.
• 113 East Aldea to Sand Dollar Development at 1731 SW Leafy Road, Port St. Lucie for
$118,163..
All the quotes incorporate green, energy efficient. products, including but not limited to, solar hot
water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy -
rated appliances.
Recommendation
Board approval to enter into contract for construction of two new homes under the St. Lucie County
NSP1 Grant as outlined in the agenda memorandum and authorization for the Chairman to sign
documents as approved by the County Attorney.
Attachment: Bid Tabulation
St Lucie County Housing
Neighborhood Stabilization Program 1
Bid Opening - February 9, 2012
Bid Tab -NEW BUILD
Contractor
Bid #1-
Bid #2-
113 East Aldea
234 Jardain Rd
A Thomas
1380 Bayshore Drive
$139,860.00
146,495.00
Fort Pierce FL 34949
AWM
2296 N US Highway 1
$125,459.00
$122,640.00
Fort Pierce FL 34946
Black Street
535 NW Merchantile PL.
$123,184.00
$118,189.00
Port St Lucie FL 34986
De La Hoz
258 Del Monte road
$124,981.00
$124,909.00
Sebastian FL 32958
Eagle Enterprise
884 NW Watediiy Pi
No Bid
No Bid
Jensen Beach FL 34957
Gentile
3767 Oleander Avenue
$129,000.00
$121,550.00 j
Fort Pierce FL 34982
Grande
PO Box 881765
$122,500.00
$119,500.00
Port St Lucie FL 34988
MW Patrick
1603 Pine Hollow Drive
$128,821.00
$132,700.00
Fort Pierce FL 34982
Neal Long
11781 SE Highway 441
$127,200.00
$129,200.00
Okeechobee FL 34974
One Construction
3437 SW. Europe Street
$122,758.00
$125,780.00
Port St Lucie FL 34953
Sand Dollar Development
1731 SW Leafy Rd
$118,163.00
No Bid
Port St Lucie FL 34953
R
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Housing and Community Services/Housing
Division .
ITEM NO. VI-E 5
DATE: 03/06/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
PRESENTED BY:�
Diana Wesloski
Housing Manager
Community Development Block Grant (CDBG) Disaster Recovery Enhancement
Fund (DREF) and Budget Resolution 12-042
See attached memorandum.
FUNDS AVAILABLE: 001544-5420-331510-500 — CDBG Disaster Recovery Enhancement Fund
(DREF)
PREVIOUS ACTION: June 27, 2011 —Approval to submit application.
September 20, 2011 — Board approval of Interlocal Agreements with the City of
Port St. Lucie.
November 1, 2011 — Board approval of Interlocal Agreements with the City of Fort
Pierce.
RECOMMENDATION: Board acceptance of the CDBG program FY 2012 DREF contract as outlined in
the agenda memorandum; approval of Budget Resolution 12-042, approval of
Capital Project #12-031, 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
Coordination/Signatures
County Attorney ( ) OMB Director ( )
Budget Analyst
Daniel S. McIntyre
Originating Dept.
Beth Ryder
Marie Gouin
Sophia Holt
Housing and
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director
FROM: Diana Wesloski, Housing Manager V
DATE: March 6, 2012
SUBJECT: Community Development Block Grant (CDBG) Disaster Recovery Enhancement Fund
(DREF) and Budget Resolution 12-042
ITEM NO. VI—Ej
Background:
St. Lucie County has received an allocation from The Department of Housing and Urban
Development (HUD) CDBG Disaster Recovery Enhancement Funds (DREF) in the amount of
$2,703,092.31. These funds will be used to repair and improve flood and drainage areas identified
after Tropical Storm Fay. The funding will be used as follows:
Administration $ 67,577.30
Infrastructure Delivery Cost $ 135,154.62
Harmony Heights Drainage Improvements $ 437,709.39
Subtotal for St. Lucie County: $ 640,441.31
Veteran's Park ADA Improvement $ 375,250.00
10th Street Flood and Drainage Improvements $ 99,750.00
Subtotal for the City of Fort Pierce: $ 475,000.00
Park's Edge Flood and Drainage Improvements $1,341,126.00
EastMest Dunbrooke Drainage Improvements $ 246,525.00
Subtotal for the City of Port St. Lucie $1,587,651.00
The funding cycle of this grant will be approximately two years beginning the date of execution by
the Department of Economic Opportunity.
Recommendation
Board acceptance of the CDBG program FY 2012 DREF contract as outlined in the agenda
memorandum; approval of Budget Resolution 12-042, approval of Capital Project 12-031, and
authorization for the Chairman to sign documents as approved by the County Attorney.
Attachment: Award Letter from the Department of Economic Opportunity
Capital Project Summary
19
RESOLUTION NO. 12-042
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available from the Department of Housing and Urban Development (HUD) in the amount of $2,703,093.
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 6th day of March, 2012, 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
001544-5420-331510-500 Dept. of HUD $2,703,093
APPROPRIATIONS
001544-5420-512000-500
Salaries
$
67,855
001544-5420-563000-500
Infrastructure
$
128,347
001544-5420-563000-42507
Infrastructure -Harmony Heights
$
444,240
001544-5420-581085-500
Port St. Lucie
$1,587,651
001544-5420-581090-500
Fort Pierce
$
475,000
After motion and second the vote on this resolution was as follows:
Commissioner Chris Dzadovsky, Chairman XXX
Commissioner Tod Mowery, Vice Chairman XXX
Commissioner Chris Craft XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 6TH DAY OF MARCH 2O12.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
j ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM
CAPITAL PROJECT SUMMARY
,- ICleansing and attenuation of stormwater to reduce fresh water and pollutants into the Indian River Lagoon. Detention ponds and swales
are to be constructed within the Harmony Heights subdivsion.
Butldmgs
0
0
Imp 04 Bldgs :'
2,017,516
'' 2 017,516
0
1,017,516
TOTAL. 0 .,'.
1,017,S1C. 2,017,516.:
0 ".
Q :. " 0
0
2,01;7,516
' � `` ` ': , � k'X11 1Z ,, � i?Y if' 11 x � ` FY 12=13 FY 13-14 FY14-1�=
F�1NIlING SOURCES & AM�UNT3 ,-. r �,
FY15-16 5=)►'EAR`
,
r. l i
,>
NEVI; 1;1CJDGEI`F
PLAN.,z,`
PLAN: PLAN
PLAN' r
TOTAL
>,
001519- CDBG
1,073,277
1,073,277
•.1,073277
001544 - DREF
437,709
437,709
43,7709
102001-Drainage Maintenance
500,000
500,000
SOO,000
0
0
TOTAL 2,010,986.
6
W
.R
Rick Scott
GOVERNOR qq
d
D-
FLORIDA DEPARTMENT-/
ECONOMIC OPPORTUNITY
February 10, 2012
The Honorable Chris Dzadovsky, Chairman
St. Lucie County Board of Commissioners
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
Cynthia R. Lorenzo
INTERIM EXECUTIVE DIRECTOR
FEB 15 2012)
St. Lucle County
CommunUy Senrlces
Re: Disaster Recovery Enhancement Fund Contract # 12DB-P5-10-66-01-K 40
Dear Chairman Dzadovsky:
I am pleased to inform you that your application for the 2008 Community Development Block
Grant Disaster Recovery Program funds in the amount of $2,703,092.31 is approved for funding. I
congratulate you on preparing an application that addresses your community's disaster recovery needs.
To facilitate the execution of your award, please sign the enclosed Agreement and complete the
required forms. The Agreement and forms must be returned to the Department by no later than Close of
Business on March 26, 2012. Directions for completing the forms are provided. If it is necessary for
your local government to approve this Agreement during a full commission meeting, we recommend that
your staff initiate the procedure for adding this item to the next agenda as soon as possible. Failure to
meet the March 26, 2012 deadline may impact our ability to award the referenced funds to your
community.
The Department has assembled a Disaster Recovery team dedicated to assisting our communities
with successful implementation of their recovery projects. We welcome your questions and requests for
assistance. If you require assistance, please contact Adriane Burgess, Community Assistance Consultant,
by phone at (850) 717-8444 or by email at adriane.burgess@deo.myflorida.com.
Sincerely,
t'- /,L' A6�
Bob Dennis
BD/ab Community Program Manager
Enclosures
cc: Mrs. Beth Ryder, Director of Housing and Community Services, St. Lucie County
Housing and Community Services Department
JMrs. Diana Wesloski, Housing Manager, St. Lucie County Housing and Community
Services Department
The Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399-4120 850.245.7105
www.FloridaJobs.org www.twitter.com/FLDEO www.facebook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 71 L
ITEM NO. VI-F
DATE: 3012
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO:
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Guy D. Medor
SUBMITTED BY:
Parks, Recreation & Facilities Parks Manager -North Division
SUBJECT:
Digital Domain Park — Facility Use Agreement with Aegis Communications Group
Inc.
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Board approval of the Facility Use Agreement between St. Lucie County, Sterling
Facility Services, LLC, and Aegis Communications Group, Inc., and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
( ) APPROVED ( )
( ) OTHER
DENIED
Coordination/Signatures
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
OMB Director
County Attorney (X) Budget Analyst
Daniel McIntyre
Originating Dept. (X ) Purchasing
Lee Ann Lowery
Marie Gouin
Melissa Simberlund
Parks, Recreation & Facilities
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Lee Ann Lowery, Assistant County Administrato J
FROM: Guy D. Medor, Parks Manager r�ti
DATE: March 6, 2012
SUBJECT: Digital Domain Park — Facility Use Agreement with Aegis Communications Group, Inc.
ITEM NO. VI-F
Background:
Aegis Communications Group, Inc. (Aegis) has a month -to -month agreement with the County and
Sterling Facility Services, LLC (SFS) to rent the southwest corner of the grass parking lot at Digital
Domain Park (see attached sketch) solely for the purpose of employee and guest parking. Aegis
desires to enter into an annual agreement for use of the space. Pursuant to our contract with
SFS, dated August 1, 2003, SFS shall have sole and exclusive use of Digital Domain Park from
February to the end of the St. Lucie Mets season (April to mid -September). As such, SFS agreed
to jointly enter into this agreement on a prorated shared -revenue basis with the County receiving
60% of the annual rent and SFS receiving 40%. Aegis will pay $2,500 per month, generating
$18,000 for the County and $12,000 for SFS annually. The agreement requires Aegis to limit the
parking to 100 vehicles during Spring Training (March), and up to 300 vehicles during the St Lucie
Mets season (April — September).
Recommendation:
Board approval of the Facility Use Agreement between St. Lucie County, Sterling Facility Services,
LLC, and Aegis Communications Group, Inc., and authorization for the Chairman to sign documents
as approved by the County Attorney.
V
AGENDA REQUEST ITEM NO. VI-G
DATE: 03/06/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYPage(r
Daniel J. Lutzke
SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M
SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for January, 2012.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number
CZN000010587 for HIV medications for the FY-2012 period of January 01,
2012 through January 31, 2012, in the amount of $48,459.32.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( X) OMB Director
Budget Analyst
(Daniel S. McIntyre)
Originating Dept. (X ) ERD
William Hoeffner)
(X) ____ tu�
(Marie Gouin)
(Name)
Risk & Benefits Management
MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner, Human Resources Directo*
FROM: Daniel J. Lutzke, Risk & Benefits Manage
.V-
DATE: March 6, 2012.
SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for January, 2012.
ITEM NO. VI-G
Background:
CORIZON Health acts as a third party administrator for St. Lucie County jail inmate health care and
manages, administers and pays for inmate HIV medications and off -site services from medical
providers. CORIZON has submitted their Invoice Number CZN000010587 (Attachment A) in the
amount of $48,459.32 and is requesting reimbursement from the County for January FY 2012
inmate HIV medication costs in accordance with F.S. 901.35 which states that the medical services
provider shall be reimbursed from the general fund of the County when no other source of payment
is available.
Previous Action:
December 20, 2011 — BOCC Approved payment of October FY-2012 HIV Invoice of $50,926.65.
February 21, 2012 — BOCC Approved payment of November FY-2012 HIV Invoice of $50,827.25.
February 21, 2012 — BOCC Approved payment of December FY-2012 HIV Invoice of $40,409.45.
Recommendation
Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010587 for HIV
medications for the FY-2012 period of January 01, 2012 through January 31, 2012, in the amount of
$48,459.32.
C*�RIZON
INVOICE
Please Remit To:
CORIZON HEALTH, INC
12464 Collection Center Drive
Chicago IL 60693
Customer:
ST. LUCIE COUNTY SHERIFF'S DEPT.
ATTN: TOBY LONG
4700 WEST MIDWAY ROAD
FORT PIERCE FL 34981
For billing questions, please call: 800-729-0069 EXT.1338
Attachment - A
Invoice:
Invoice Date:
Page:
Customer No:
Payment Due By:
AMOUNT DUE:
CZN000010587
February 20, 2012
1 of 1
98005
4/5/2012
48,459.32
Fed TIN # 23-2108853
For products and services rendered during the following dates:
Beginning: 01/01/2012
Ending: 01/31/2012
Description Quantity Uom Unit Amt Net Amount
Jan'12 HIV Meds 1.00 EA 48,459.32 48,459.32
Subtotal:
AMOUNT DUE:
Please Document Any Variations In Amounts Not Paid in Full
48,459.32
48,459.32
MONTHLY INVOICE
St. Lucie County, FL
Contract Year: October 1, 2011 through September 30, 2012
W Medications
For the month ended: January 31, 2012
Aggregate Terms per Contract (backup attached):
Annual Aggregate Limit: $
Annual Aggregate Total: $
100% bill back over $
HIV Medication & Lab Costs - January 2012 $ 48,459.32
AGENDA REQUEST
ITEM NO
DATE:
REGULAR
PUBLIC HEARING
LEG.
QUASI -JD
CONSENT
VII-A
3/6/12
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Powley, P.E. ,
SUBMITTED BY: Public Works/Engineering Division County Engineer
il�t�'
SUBJECT: Capron Trails Mine
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/A
(X)
PREVIOUS ACTION: February 14, 2012 — BOCC approved scheduling a Public Hearing.
RECOMMENDATION: Board approval of the Capron Trails mine request to increase their hours of operation to
allow night hauling in support of the adjacent 1-95 Widening Project only, as outlined in the
attached memorandum.
COMMISSION ACTION:
( ) APPROVED
( ) OTHER
( ) DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
`, . ' Count Engineer x
County Attorney (x) 6 Y 9 ( )
Daniel McIntyre Mi hael Powley
Originating Dept. ( x)
Don d West
Capron Trails Mine request PH.ag
Engineering Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer
DATE: March 6, 2012
SUBJECT: Capron Trails Mine
ITEM NO. VII-A
Background:
To expedite the widening. of 1-95 in St. Lucie County, the Florida Department of Transportation (FDOT) has utilized
the design/build concept. The segment of 1-95 between Indrio Road (SR614) and the St. Lucie County line has
been awarded to the team that includes the Capron Trails mine owned by Dickerson Florida, Inc. This mine
operates under a mining permit issued by the Board of County Commissioners. The hours of operation, per the
permit, are 6:00 a.m. to 6:00 p.m., Monday through Saturday.
In order to reduce the costs of the construction, as well as to lessen the impact on the traveling public, the
design/build team proposes to complete much of the work at night. They have requested the additional hours of
9:00 p.m. to 5:00 a.m. in order to facilitate this construction. See correspondence from FDOT's contractor
Dickerson Florida Inc. (Attachment A). A modification of the mining permit is necessary in order to permit an
increase of hours of operation to provide material at night (Attachment B). The modification will be addressed as
an addendum to the existing mining permit. This request is very similar to the previous request of the Florida
Resources' Fort Pierce South mine for the 1-95 link to the south.
Correspondence to all of the neighboring property owners within a 500-foot radius of the mine has been sent
advising of the proposed increase of hours and tonight's Public Hearing (Attachment C) and Notice has been
advertised in the Fort Pierce Tribune (Attachment D) as well.
Recommendation:
Board approval of the Capron Trails mine request to increase their hours of operation to allow night hauling in
support of the adjacent 1-95 Widening Project only, as outlined in this agenda memorandum.
AYTACHMENT A g
\ �r
SON
DICu"rRS
FLORIDA, INC.
A COMPANY OF THE DICKERSON GROUP, INC.
Mike Powley, P.E. January 18, 2012
St. Lucie County Engineer
2300 Virginia Avenue
Ft. Pierce, FL 34982
Re: Imported embankment and base materials
1-95 Design/Build St. Lucie County
Contract No. E494
Financial Project ID No. 413047-1-52-01
Dear Mr. Powley,
Dickerson Florida, Inc. is currently under contract with the Florida Department of
Transportation for the widening and resurfacing of 1-95 from south of Indrio Road to the St:
Lucie County/ Indian River County line. The project is approximately 4 miles in length. The
project requires imported embankment and base material. Dickerson has agreements in place
to source this material from Stewart Mining and Dickerson Aggregates Indrio Road mine. The
haul distances to the project are less than four miles and the anticipated truck traffic and
routing may require the usage of existing interchanges to the north and south of Indrio Road as
turnaround points. It is not anticipated that any significant truck traffic will utilize arterial
roadways except for Indrio Road west of 1-95.
Dickerson's contract terms and conditions with the FDOT stipulate that any lane closures on I-
95 required for the construction of the project can only occur between the hours of 10:00pm
and 6:00 am from Sunday through Thursday. The use of lane closures to facilitate the transport
of imported materials to the project greatly enhances the safety of both the traveling public
and the workers present on the project. Lane closures allow the delivery trucks to properly
decelerate, enter the work area; and accelerate when leaving the work area. Without benefit
of lane closures the trucks must operate at speeds significantly different than the majority of
the accompanying traffic on 1-95. While this type of operation is allowable and acceptable it is
not the most desirable condition.
It has come to my attention that both Stewart Mining and Dickerson Aggregates operate under
St. Lucie County permit guidelines that stipulate hours of operation and that commercial
activity can only occur during the specified hours. This limitation prevents Dickerson from
utilizing the allowable lane closure time frames for the import of material into the 1-95 project.
P.O. Box 910 ® Fort Pierce, Florida 34954-0910
(772) 429-4444 Fax (772) 429-4445
www.dickersonflorida.com
Dickerson respectfully requests that the County consider a specific project exemption for these
operational permit conditions for both Stewart Mining and Dickerson Aggregates with the
understanding that truck traffic associated with the exemption will be confined to the 1-95
corridor and associated interchanges. There is no expectation that this exemption will present
an adverse impact to county roadways by virtue of undue truck traffic during the overnight
hours.
The project completion date is currently January 2013, with consideration for weather days and
holidays yet recognized, the actual completion should be no later than March 2013.
Dickerson appreciates the consideration of the County in regards to this issue. Should you
require further information in regards to this issue please contact me directly.
Respectfully,
p .f ., %
Charles Cameron
Vice President
Dickerson Florida, Inc.
ATTACHMENT B MINING PERMIT
ADDENDUM NO. 5
The Board of County Commissioners (Capron Trails. Mine)
This addendum reflects an extension in operation hours as approved by the Board of County
Commissioners on March 6, 2012. The original mining permit was approved by the Board of
County Commissioners on December 17, 1996.
MINING AREA
Capron Trails Mine
A PARCEL OF LAND LYING IN SECTION 7 AND SECTION 18, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 88°48'45" WEST ALONG THE SOUTH LINE
OF SAID SECTION 7; A DISTANCE OF 498.81 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THENCE SOUTH 00°-21'-42" WEST DEPARTING SAID SOUTH LINE, A DISTANCE OF 285.98 FEET; THENCENORTH 88°-48'45"
WEST, A DISTANCE OF 2408.03 FEET; THENCE NORTH 00°-00'-00" WEST, A DISTANCE OF 4113.75 FEET; THENCE NORTH 89°-
38'-18" WEST, A DISTANCE OF 957.68 FEET; THENCE NORTH 00°-21'-42" EAST, A DISTANCE OF 1550.88 FEET TO APOINT ON
THE NORTH LINE OF SAID SECTION 7, THENCE NORTH 89°-39'-35" EAST ALONG SAID NORTH LINE OF SAID SECTION 7, A
DISTANCE OF 1250.00 FEET TO A POINT ON THE WESTERLY LINE OF THE CERTAIN FLORIDA POWER AND LIGHT
EASEMENT, AS RECORDED IN OFFICIAL RECORD BOOK 102, PAGE 153 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; THENCE SOUTH 36°-33'-31" EAST ALONG SAID WESTERLY LINE OF THE FLORIDA POWER AND LIGHT
EASEMENT, A DISTANCE OF 3566.52 FEET; THENCE SOUTH 00°-21'42" WEST DEPARTING SAID WESTERLY LINE OF THE
FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 2577.26 FEET TO THE POINT OF BEGINNING.
Said parcel contains 281.29 acres, more or less.
This CLASS II mining permit is valid until December 17, 2016 unless revoked prior thereto as
provided in said Sections 6.06.00 and 11.05.11 of St. Lucie County Land Development Code.
According to the mining plan on file in the County Engineer's office and approved by the
Board of County. Commissioners on March 28,1989, this permit is subject to Conditional Use
Permit Resolution No. 89-87. The Conditional Use boundaries remain unchanged.
SPECIAL CONDITIONS:
Addendum No. 5 added the following Special Conditions:
Hours of operation (including related activities such as loading, stockpiling,
processing, etc.): 6:00 a.m. to 6:00 p.m., Monday through Saturday, with no operations
on holidays (as observed by St. Lucie County), or Sundays.
For the purposes of the Widening of I-95 from south of Indrio Road to the county line
of St. Lucie and Indian River only (FPID 413047-1-52-01 and FDOT Contract No.
E4L94), loading and hauling hours are expanded to include the hours of 9:00 p.m. to
MINING PERMIT
PERMITTEE:
FT. PIERCE SOUTH MINE
DATE OF ISSUE: 3/6/2012
EXPIRATION DATE: 12/17/2016
5:00 a.m.
The increase in hours shall expire upon completion of hauling activities of the above -
referenced I-95 project.
All other terms and conditions remain unchanged for Tract 1, Tract 2, Tract 3 and Tract 4
pursuant to the original permit dated December 17,1996 and subject to paragraphs 1 through
11 of the General Conditions of the original permit and the Special Conditions of Addendum
No. 2 dated March 28, 2003, Addendum No. 3 dated September 6, 2005 and Addendum No. 4
dated October 17, 2006.
DATED THIS 6th day of March, 2012
ST. LUCIE COUNTY
ENGINEERING DIVISION
County Engineer
Attachments: Addendum Nos. 2, 3 & 4
Original Mining Permit
MIMING PERMIT
MINING PERMIT
ADDENDUM NO. 2
This addendum reflects a transfer of permit as approved by the Board of. County Commissioners on
March 28, 2003. The original mining permit was approved by the Board of County Commissioners on
December 17, 1996. Effective on the date below, all interests and obligations of the permittee under this
mining permit shall be transferred as follows:
FROM: Metropolitan Life Insurance Company
(P.O. Box 37, Fellsmere, FL 32948-0037)
TO: Brisben Development — Indrio LLC
(7800 E. Kemper Road, Cincinnati, OH 45249)
MINING AREA
A parcel of land lying in Section 7 and Section 18, Township 34 South, Range 39 East, St. Lucie County, Florida, being more
particularly described as follows:
Commence at the Southeast comer of said Section 7; thence North 88°-48'-45" West along the South line of said Section 7; a distance
of 498.81 feet to the point of beginning of the following described parcel; thence South 00°-21'-42" West departing said South line, a
distance of 285.98 feet, thence North 88°-48'-45" West, a distance of 2408.93 feet; thence North 00°-00'-00" West, a distance of
4113.75 feet, thence North 89°-38'-18" West, a distance of 957.68 feet, thence North 00°-21'42" East, a distance of 1550.88 feet to a
point on the North line of said Section 7, thence North 89°-39'-35" East along said North line of said Section 7, a distance of 1250.00
feet to a point on the Westerly line of the certain Florida Power and Light Easement, as recorded in Official Record Book 102, Page
153 of the Public Records of St. Lucie County, Florida; thence South 36°-33'-31" East along said Westerly line of the Florida Power
and Light Easement, a distance of 3566.52 feet; thence South 00°-2i'-42" West departing said westerly line of the Florida Power and
Light Easement, a distance of 2577.26 feet to the point of beginning. Said parcel contains 281.29 acres, more or less. Excavation
area contains 3 - 80± acre borrow pits.
The addition of an 80-acre pit under the existing permit subject to the following special conditions:
Hours of operation (including related activities such as loading, stockpiling, processing, etc): 6:00
a-m. to 6:00 p.m., Monday through Saturday, with no operations on holidays (as observed by St. Lucie
County), or Sundays.
No dewatering without SFVJMD permit and approval from the County Engineer.
A performance bond of $45,000 will be maintained for the third pit.
Blasting is not approved as part of this permit.
Verification that all mitigation has been completed will be submitted to the County Engineer.
All equipment, machinery and structures, which are accessory to mining, shall be properly removed
from the site at the expiration of the permit.
Stockpiled material and haul roads shall be periodically watered down during dry and/or windy
conditions to minimize migration of sand, dust, or air contaminants to surrounding properties.
Prior to the commencement of any mining -related operations, approval from all other agencies shall be
submitted to the County Engineer.
As part of the reclamation phase, the permittee shall provide the County Engineer with an as -built
survey which includes, but is not limited to, water depths, setbacks, and cross -sections (200'
minimum). This survey shall be performed. and certified by a Professional Land Surveyor. The
property lines shall be inonumented. This will include all three mining areas to be done upon.
completion.
10. Pursuant to Section 378.802, Florida Statutes, the mine operator mustnotifytl�e Executive Director of
the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park,
2051 East Dirac Dr., Tallahassee, Florida, 3 23 10, (904) 488-8217 for any new surface area disturbed.
11. Violations of the mining permit or mining plan are subject to permit revocation by the Board of
County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day
for each day that the violation is not brought into compliance.
12. All mitigation to include impacts to wetlands and wildlife must be reviewed and approved by the
Environmental Resource Division. of St. Lucie County.
1.3. Adherence to all noise and vibration ordinances that were in effect at the time of original approval.
The noise ordinance may be modified if noise complaints are received.
All other terms and conditions remain unchanged for Tract 1 and Tract 2 puruant to the original perinit dated
December 17, 1996.
DATED THIS 28th day of March , 2003 .
ST. LUCIE COUNTY
ENGINEERING DIVISION
�l ��I.'i�i���.,�y�'�,,r��be..*'..�.._ 6s� *ELT �,.�,'✓�d;,:;�,,�
v
Michael Powley, P.E.
County Engineer
MINING PERMIT
ADDENDUM NO.3
This addendum reflects a transfer of permit as approved by the Board of County Commissioners on
September 6, 2005. The original mining permit was approved by the Board of County Commissioners on
December 1.7, 1996. Effective on the date below, all interests and obligations of the permittee under this
mining permit shall be transferred as follows:
FROM: Brisben Development — In.drio LLC
(7800 E. Kemper Road, Cincinnati, OH 45249)
TO: Indrio Land Group, LLC
(450 East Las Olds Blvd, Ft. Lauderdale, FL 33301)
MINING AREA
A parcel of land lying in Section 7 and Section 18, Township 34 South, Range 39 East, St, Lucie County, Florida, being more
particularly described as follows:
Commence atthe Southeast comer of said Section 7; thence North 88°48'45" West alongthe South line of said Section 7; a distance
of 498.81 feet to the pointof beginning of the following described parcel; thence South 00°-21'42" West departing said South line, a
distance of 285.98 feet; thence North 88°48'45" West, a distance of 2408.93 feet, thence North 00°-00'-00" West, a distance of
4113.75 feet, thence North 89°-38'-18" West, a distance of 957.68 feet; thence North 00°-21'42" East, a distance of 1550,88 feetto a
point on the North line of said Section 7, thence North 89°-39'-35" East along said North line of said Section 7, a distance of 1250.00
feet to a point on the Westerly line of the certain Florida Power and Light Easement, as recorded in Official Record Book 102, Page
153 of the Public Records of St. Lucie County, Florida, thence South 36°-33'-31"East along said Westerly line of the Florida Power
and Light Easement, a distance of 3566.52 feet, thence South 00°-21'42" West departing said westerly line of the Florida Power and
Night Easement, a distance of 2577.26 feet to the point of beginning. Said parcel contains 281.29 acres, more or less. Excavation
area contains 3 - 80± acre borrow pits.
The addition of an 20-acre pit under the existing permit subject to the following special conditions:
1. Hours of operation (including related activities such as loading, stockpiling, processing, etc.): 6:00
a.m, to 6:00 p.m., Monday through Saturday, with no operations on. holidays (as observed by St. Lucie
County), or Sundays.
2. No dewatering without SFWMD permit and approval from the County Engineer.
3. An increase in the performance bond to $110,125 will be maintained for the third pit.
4. The performance bond must be in place before any mining activity can begin.
5. All permits and addendums along with plans must be kept on site at all times.
6. Blasting is not approved as part of this permit.
7. Verification that all mitigation has been completed will be submitted to the County Engineer.
8. All equipment, machinery and structures, which are accessory to mining, shall be properly removed
from the site at the expiration of the permit.
9. Stockpiled material and haul roads shall be periodically watered down during dry and/or windy
conditions to minimize migration of sand, dust, or air contaminants to surrounding properties:
10. Prior to the commencement of any mining -related operations, approval from all other agencies shall be
submitted to the County Engineer.
11. As part of the reclamation phase, the permittee shall provide the County Engineer with an as -built
survey which includes, but is not limited to, water depths, setbacks, and cross -sections (200'
minimum). This survey shall. be performed and certified by a Professional Land Surveyor. The
property lines shall be monumented. This will include all three mining areas to be done upon
completion.
12. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the Executive Director of
the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park,
2051 East Dirac Dr., Tallahassee, Florida,132310, (904) 488-8217 for any new surface area disturbed.
13. Violations of the mining permit or mining plan are subject to permit revocation by the Board of
County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day
for each day that the violation is not brought into compliance.
14. The permittee will, adhere to all noise and vibration ordinances were in effect at the time of original
approval.
16. All other conditions of the original permit shall remain the same.
All other terms and conditions remain unchanged for Tract 1 and Tract 2 puruant to the original permit dated
December 17, 1996.
DATED THIS 6th day of September , 2005 .
ST. LUCIE COUNTY
,yy ENGINEERING ERING DIVISION
Michael Powley, P.E
County Engineer
MINING PERMIT
ADDENDUM NO. 4
(Capron Trails Mine)
This addendum reflects an expansion in mining area as approved by the Board of
County Commissioners on October 17, 2006. The original mining permit was approved by
the Board of County Commissioners on December 17, 1996,
MINING AREA
A parcel of land lying in Section 7 and Section 18, Township 34 South, Range 39 East, St. Lucie County, Florida,
being more particularly described as follows
Commence at the Southeast corner of said Section 7; thence North 880-48'-45" West along the South line of said
Section 7; a distance of 498.81 feet to the point of beginning of the following described parcel; thence South 0011-211-
42" West departing said South line, a distance of 285.98 feet; thence North 88o-48'-45" West, a distance of 2408.93
feet; thence North 00-00`00" West, a distance of 4113.75 feet; thence North 89"-38'-18" West, a distance of 957.68
feet; thence North 00"-21'-42" East, a distance of 1550.88 feet to a point on the North line of said Section 7, thence
North 89-39'-35" East along said North line of said Section 7, a distance of 1250.00 feet to a point on the Westerly
line of the certain Florida Power and Light Easement, as recorded in Official Record Book 102, Page 153 of the
Public Records of St. Lucie County, Florida; thence South 36o-33'-31" East along said Westerly line of the Florida
Power and Light Easement, a distance of 3566.52 feet; thence South 000-2l'•42" West departing said westerly line
of the Florida Power and Light Easement, a distance of 2577.26 feet to the point of beginning. Said parcel contains
281.29 acres, more or less.
The expansion of Tract 3 and the addition of a new pit to be called Tract 4 under the
existing permit subject to the following special conditions:
TRACT 3 EXPANSION
l . Hours of operation (including related activities such as loading, stockpiling,
processing, etc.): 6:00 a.m. to 6:00 p.m., Monday through Saturday, with no
operations on holidays (as observed by St. Lucie County), or Sundays.
2. No dewatering without SFWMD permit and approval from the County Engineer.
3. An increase in the performance bond to $234,346.42, will be maintained for Tract 3.
4. The performance bond must be in place before any mining activity can begin.
5. All permits and addendums along with plans must be kept on site at all times.
6. Blasting is not approved as part of this permit.
7. Verification that all mitigation has been completed will be submitted to the County
Engineer.
8. All equipment, machinery and structures, which are accessory to mining, shall be
properly removed from the site at the expiration of the permit.
9. Stockpiled material and haul roads shall be periodically watered down during dry
and/or windy conditions to minimize migration of sand, dust, or air contaminants to
surrounding properties.
10. Prior to the commencement of any mining -related operations, approval from all other
agencies shall be submitted to the County Engineer.
11. As part of the reclamation phase, the permittee shall provide the County Engineer
with an as -built survey which includes, but is not limited to, water depths, setbacks,
and cross -sections (200' minimum). This survey shall be performed and certified by a
Professional Land Surveyor. The property lines shall be monumented. This will
include all three mining areas to be done upon completion.
12. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the
Executive Director of the Florida Department of Environmental Protection, Bureau
of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida,
32310, (904) 488.8217 for any new surface area disturbed.
13. Violations of the mining permit or mining plan are subject to permit revocation by
the Board of County Commissioners and/or subject to a fine of $250 per violation and
an additional $100 per day for each day that the violation is not brought into
compliance.
14. The permittee will adhere to all noise and vibration ordinances were in effect at the
time of original approval.
15. Prior to the Issuance of a St. Lucie County Vegetation Removal Permit, 1641 inches
of the following species at least 2.5" dbh and 12 feet in height to the St. Lucie County
Jail Nursery:
Laurel Oaks
Live Oaks
Dahoon Holly
East Palatka Holly
Slash Pine (Specify Var. Densa)
Delivery shall be coordinated through the Environmental Resources Department.
16. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, Dickerson
shall enter into an agreement that is acceptable to both the St. Lucie County Board
of County Commissioners and the County Attorney to deliver and plant 15 sabal
palm trees with a minimum clear trunk of ten feet on one of the County's
Environmentally Significant Lands sites or other public site. Site will be identified
at the time of the agreement.
17. The applicant shall complete consultation with the U.S. Fish and Wildlife Service
(FWS) regarding the Audubon's Crested Cara Cara which may include but is not
limited to survey requirements and impact avoidance measures. The applicant shall
copy the County Engineer and the Environmental Resources Department on any
correspondence regarding this matter. Adherence to the recommendations of the
FWS shall become conditions of the mining permit issued by St. Lucie County.
18. The applicant shall perform surveys for the Audubon's Crested Cara Cara on project
lands during the nesting season (December - August). These surveys shall be
conducted by a qualified biologist and copies shall be provided to the St. Lucie
County Environmental Resources Department.
19. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the applicant
shall submit copies of brochures describing the protocol to be followed should a
Crested Cara Cara be sighted in the mine construction area to the St. Lucie County
Environmental Resources Department for review and approval.
20. The applicant shall perform surveys for the Burrowing Owl on project lands during
the nesting season (February - July). These surveys shall be conducted by a
qualified biologist and copies shall be provided to the St. Lucie County
Environmental Resources Department.
If a nest is found and is active, mining operations shall cease within 150 feet of the
nest, and weekly monitoring by a qualified biologist will be initiated to document
occupancy and nesting activity. Weekly monitoring will entail, at a minimum,
observations of the nest site for evidence of nesting and territorial behaviors. The
applicant shall supply copies of all reports documenting the above to the St. Lucie
County Environmental Resources Department.
Monitoring shall continue until it is determined that the nest site is inactive for two
consecutive nesting periods. If no other active nest site is found within the mining
area, the monitoring and reporting requirements outlined above shall not be'
required any longer and mining shall be allowed to commence in compliance with all
other mining permit conditions.
21. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the applicant
shall submit copies of brochures describing the protocol to be followed should a
Burrowing Owl be sighted in the mine construction area to the St. Lucie County
Environmental Resources Department for review and approval.
22. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the applicant
shall submit copies of brochures describing the protocol to be followed should a Bald
Eagle be sighted in the mine construction area to the St. Lucie County
Environmental Resources Department for review and approval.
23. All other conditions of the original permit remain the same.
TRACT 4
1. Hours of operation (including related activities such as loading, stockpiling,
processing, etc.): 6:00 a.m, to 6:00 p.m., Monday through Saturday, with no
operations on holidays (as observed by St. Lucie County), or Sundays.
2. No dewatering without SFWMD permit and approval from the County Engineer.
3. A performance bond of $473,243.34 will be maintained for Tract 4.
4. The performance bond must be in place before any mining activity can begin.
5. All permits and addendums along with plans must be kept on site at all times.
6. Blasting is not approved as part of this permit.
7. Verification that all mitigation has been completed will be submitted to the County
Engineer.
8. All equipment, machinery and structures, which are accessory to mining, shall be
properly removed from the site at the expiration of the permit.
9. Stockpiled material and haul roads shall be periodically watered down during dry
and/or windy conditions to minimize migration of sand, dust, or air contaminants to
surrounding properties.
10. Prior to the commencement of any mining -related operations, approval from all other
agencies shall be submitted to the County Engineer.
11. As part of the reclamation phase, the permittee shall provide the County Engineer
with an as -built survey which includes, but is not limited to, water depths, setbacks,
and cross -sections (200' minimum). This survey shall be performed and certified by a
Professional Land Surveyor. The property lines shall be monumented. This will
include all three mining areas to be done upon completion.
12. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the
Executive Director of the Florida Department of Environmental Protection, Bureau
of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida,
32310, (904) 488.8217 for any new surface area disturbed.
13. Violations of the mining permit or mining plan are subject to permit revocation by
the Board of County Commissioners and/or subject to a fine of $250 per violation and
an additional $100 per day for each day that the violation is not brought into
compliance.
14. The permittee will adhere to all noise and vibration ordinances were in effect at the
time of original approval.
15. Any of the trees relocated to be used for the proposed DRI shall not be counted as
credit towards tree mitigation requirements associated with the proposed DRI. In
addition, any of the relocated trees that do not survive shall be subject to a
mitigation ratio of 4:1.
16. Prior to the Issuance of a St. Lucie County Vegetation Removal Permit, 474.5 inches
of the following species at least 2.5" dbh and 12 feet in height to the St. Lucie County
Jail Nursery:
Laurel Oaks
Live Oaks
Dahoon Holly
East Palatka Holly
Slash Pine (Specify Var. Densa)
Delivery shall be coordinated through the Environmental Resources Department.
17. Prior to the issuance of a St, Lucie County Vegetation Removal Permit, Dickerson
shall enter into an agreement that is acceptable to both the St. Lucie County Board
of County Commissioners and the County Attorney to deliver and plant 296 sabal
palm trees with a minimum clear trunk of ten feet on one of the County's
Environmentally Significant Lands sites or other public site. Site will be identified
at the time of the agreement.
18. The applicant shall complete consultation with the U.S. Fish and Wildlife Service
(FWS) regarding the Audubon's Crested Cara Cara, which may include but is not
limited to survey requirements and impact avoidance measures. The applicant shall
copy the County Engineer and the Environmental Resources Department on any
correspondence regarding this matter. Adherence to the recommendations of the
FWS shall become conditions of the mining permit issued by St. Lucie County.
19. The applicant shall perform surveys for the Audubon's Crested Cara Cara on project
lands during the nesting season (December — August). These surveys shall be
conducted by a qualified biologist and copies shall be provided to the St. Lucie
County Environmental Resources Department.
20. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the applicant
shall submit copies of brochures describing the protocol to be followed should a
Crested Cara Cara be sighted in the mine construction area to the St. Lucie County
Environmental Resources Department for review and approval.
21. The applicant shall perform surveys for the Burrowing Owl on project lands during
the nesting season (February - July). These surveys shall be conducted by a
qualified biologist and .copies shall be provided to the St. Lucie County
Environmental Resources Department.
If a nest is found and is active, mining operations shall cease within 150 feet of the
nest, and weekly monitoring by a qualified biologist will be initiated to document
occupancy and nesting activity. Weekly monitoring will entail, at a minimum,
observations of the nest site for evidence of nesting,and territorial behaviors. The
applicant shall supply copies of all reports documenting the above to the St. Lucie
County Environmental Resources Department.
Monitoring shall continue until it is determined that the nest site is inactive for two
consecutive nesting periods. If no other active nest site is found within the Tract 4A
mining area, the monitoring and reporting requirements outlined above shall not be
required any longer and mining shall be allowed to commence in compliance with all
other mining permit conditions.
22. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the applicant
shall submit copies of brochures describing the protocol to be followed should a
Burrowing Owl be sighted in the mine construction area to the St. Lucie County
Environmental Resources Department for review and approval.
23. Prior to the issuance of a St. Lucie County Vegetation Removal Permit the applicant
shall submit copies of brochures describing the protocol to be followed should a Bald
Eagle be sighted in the mine construction area to the St. Lucie County
Environmental Resources Department for review and approval.
24. All other conditions of the original permit remain the same.
All other terms and conditions remain unchanged pusuant to the original permit dated
December 17, 1996.
DATED THIS 17th day of October , 2006 .
ST. LUCIE COUNTY
ENGINEERING DIVISION
Michael iowley, P.E
County Engineer
MINING PERMIT
Pursuant and subject to the provisions of Sections 6.06.00 and 11.05.11 of the St.
Lucie County Land Development Code, a CLASS II, TWENTY (20) YEAR Mining Permit
is hereby issued to Strazzulla Brothers Co., Inc., P.O. Box 3152, Fort Pierce, Florida,
34948, to mine sand from the following described land in St, Lucie County, Florida, to -wit:
MINING AREA
A parcel of land lying in Section 7 and Section 18, Township 34 South, Range 39 East, St. Lucie
County, Florida, being more particularly described as follows:
Commence at the Southeast corner of said Section 7; thence North 88°-48'-45" West along the South
line of said Section 7; a distance of 498.81 feet to the point of beginning of the following described
parcel; thence South 000-21'-42" West departing said South line, a distance of 285.98 feet; thence
North 880-48'-45" West, a distance of 2408.93 feet; thence North 00°-00'-00" West, a distance of
4113.75 feet; thence North 89°-38'-18" West, a distance of 957.68 feet; thence North 00°-21'-42" East,
a distance of 1550.88 feet to a point on the North line of said Section 7, thence North 890-39'-35" East
along said North line of said Section 7, a distance of 1250.00 feet to a point on the Westerly line of the
certain Florida Power and Light Easement, as recorded in Official Record Book 102, Page 153 of the
Public Records of St. Lucie County, Florida; thence South 360-33'-31" East along said Westerly line
of the Florida Power and Light Easement, a distance of 3566.52 feet; thence South 00°-21'-42" West
departing said westerly line of the Florida Power and Light Easement, a distance of 2577.26 feet to the
point of beginning. Said parcel contains 281.29 acres, more or less. Excavation area contains 2 - 80+
acre borrow pits.
according to the mining plan on file in the County Engineer's Office and approved by the
Board of County Commissioners on December 17, 1996. This permit is subject to
Paragraph 1 through 11 of the attached General Conditions. This permit is also subject
to the following twelve (12) Special Conditions:
1. Hours of operations: (including related activities such as loading, stockpiling,
processing, etc...): 6:00 a.m. to 6:00 p.m., Monday through Saturday, with no
operations on holidays (as observed by St. Lucie County), or Sundays.
2. No dewatering without S.F.W.M.D. permit and approval from the County Engineer.
3. A performance bond of $35,000 shall be maintained per each phase (borrow pit).
4. Blasting is not approved as part of this permit.
5. No mining shall be permitted within 50 feet of any wetland area as determined by
SFWMD.
6. All equipment, machinery and structures which are accessory to mining shall be
properly removed from the site at the expiration of the permit.
1
MINING PERMIT (CONTINUED)
7. Stockpiled material and haul roads shall be periodically watered down during dry
and/or windy conditions to minimize migration of sand, dust, or air contaminants
to surrounding properties.
8. Prior to the commencement of any mining related operations, activities or any
dewatering, final permit approval from SFWMD shall be submitted to the County
Engineer.
9. Pursuant to Section 378.802, Florida Statutes, mine operator must notify the
Executive Director of the Florida Department of Environmental Protection, Bureau
of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida,
32310, (904) 488-8217 for any new surface area disturbed.
10. Violations of the mining permit or mining plan are subject to permit revocation by
the Board of County Commissioners and/or subject to a fine of $250 per violation
and an additional $100 per day for each day that the violation is not brought into
compliance.
11. This permit does not authorize the annual removal or disturbance of solid minerals
or overburden over an area, whether or not contiguous, greater than 100 acres,
with out further corresponding review and authorization from St. Lucie County or
governmental agencies having jurisdiction over the subject mining operations.
12. Upon final permit issuance by the County Engineer, the existing mining permit for
Strazzulla Bros. Co., Inc. - Stewart Industries which expires March 28, 2009 shall
become null and void.
This CLASS II mining permit shall be valid for a period of TWENTY (20) YEARS,
from the date hereof unless revoked prior thereto as provided in said Sections 6.06.00
and 11.05.11 of St. Lucie County Land Development Code.
DATED THIS 17TH day of DECEMBER, 1996
ST. LUCIE COUNTY
ENGINEERING DIVISION
�-� Q11k . (,-
County En ineer
2
PERMITTEE:
STRAZZULLA BROTHERS CO., INC.
GENERAL CONDITIONS:
DATE OF ISSUE: 12/17/1996
EXPIRATION DATE: 12117/2016
1. The terms, conditions, requirements, limitations, and restrictions set forth herein
are "Permit Conditions" and as such are binding upon the permittee and
enforceable. The permittee is hereby placed on'notice that the County will review
this permit periodically and may initiate enforcement action for any violation of the
"Permit Conditions" by the permittee, its agents, employees, servants, or
representatives.
2. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from
the approved drawings, exhibits, specifications, or conditions of this permit may
constitute grounds for revocation and enforcement action by the County.
3. The issuance of this permit does not convey any vested rights or any exclusive
privileges. Nor does it authorize any injury to public or private property or any
invasion of personal rights, nor any infringement of federal, state, or local laws, or
regulations. This permit does not constitute a waiver of or approval of any other
County permit that may be required for other aspects of the total project which are
not addressed in the permit.
4. This permit conveys no title to land or water, does not constitute County
recognition or acknowledgement of title, and does not constitute authority for the
use of submerged lands unless herein provided and the necessary title or
leasehold interests have been obtained from the state.
5. This permit does not relieve the permittee from liability for harm or injury to human
health or welfare, animal, plant, or aquatic life, or property and penalties therefore
caused by the construction or operation of this permitted source, nor does it allow
the permittee to cause pollution in contravention of Florida Statutes and County
rules, unless specifically authorized by an order from the County.
6. The permittee shall at all times properly operate and maintain the facility (and
related appurtenances) that are installed or used by the permittee to achieve
compliance with the condition of this permit. This provision includes the operation
of backup or auxiliary facilities or similar systems with necessary to achieve
compliance with the conditions of the permit.
3
GENERAL CONDITIONS (CONTINUE®)
7. The permittee, by accepting this permit, specifically agrees to allow authorized
County personnel, upon presentation of credentials or other documents as may be
required by law, access to the premises, at reasonable times, where the permitted
activity is located or conducted for the purpose of:
a. Having access to and copying any records that must be kept under the
conditions of the permit;
b. Inspecting the facility, equipment practices, or operations regulated or
required under this permit; and
C. Sampling or monitoring any substances or parameters at any location
reasonably necessary to assure compliance with this permit.
Reasonable time may depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be unable to comply
with any conditions or limitations specified in this permit, the permittee shall
immediately notify and provide the County with the following information.
a. A description of a case of non-compliance; and
b. The period of non-compliance, including exact dates and times; or, if not
corrected, the anticipated time the non-compliance is expected to continue,
and steps being taken to reduce, eliminate, and prevent recurrence of the
non-compliance.
The permittee shall be responsible for any and all damages which may result and
may be subject to enforcement action by the County for penalties or revocation of
this permit.
9. This permit is transferrable only upon County approval. The permittee shall be
liable for any non-compliance of the permitted activity until the transfer is approved
by the County.
10. This permit is required to be kept at the work site of the permitted activity during
the entire period of construction or operation.
11 When requested by the County, the permittee shall within a reasonable time
furnish any information required by law which is needed to determine compliance
with the permit. If the permittee becomes aware that relevant facts were not
submitted or were incorrect in the permit application or in any report to the County,
such facts or information shall be submitted or correct promptly.
I
ATTACHMENT C
BOARD
COUNTY
•' • •
February 17, 2012
To Whom It May Concern:
Engineering Division
In compliance with the provisions of the St. Lucie County Land Development Code,
you are hereby advised that Indrio Land Group, LLC with office location at 450 East Las
Olas Blvd, Fort Lauderdale, FL 33301, has petitioned the Board of County Commissioners
to modify the approved hours of operation in the mining permit to provide materials at night
for the widening of 1-95. The proposed additional hours are 9:00 p.m. to 5:00 a.m. A
location map is attached to this correspondence. It is for the following described property.
MINING AREA
Capron Trails Mine
A PARCEL OF LAND LYING IN SECTION 7 AND SECTION 18, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 881-48'-45" WEST ALONG THE
SOUTH LINE OF SAID SECTION 7; A DISTANCE OF 498.81 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED PARCEL; THENCE SOUTH 000-21'-42" WEST DEPARTING SAID SOUTH LINE, A DISTANCE OF 285.98
FEET; THENCE NORTH 881-48'-45" WEST, A DISTANCE OF 2408.03 FEET; THENCE NORTH 00°-00'-00" WEST, A
DISTANCE OF 4113.75 FEET; THENCE NORTH 890-38'-18" WEST, A DISTANCE OF 957.68 FEET; THENCE NORTH 000-
21'-42" EAST, A DISTANCE OF 1550.88 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7, THENCE NORTH
890-39'-35" EAST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1250.00 FEET TO A POINT ON THE
WESTERLY LINE OF THE CERTAIN FLORIDA POWER AND LIGHT EASEMENT, AS RECORDED IN OFFICIAL RECORD
BOOK 102, PAGE 153 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 360-33'-31" EAST
ALONG SAID WESTERLY LINE OF THE FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 3566.52 FEET;
THENCE SOUTH 000-21'-42" WEST DEPARTING SAID WESTERLY LINE OF THE FLORIDA POWER AND LIGHT
EASEMENT, A DISTANCE OF 2577.26 FEET TO THE POINT OF BEGINNING.
Said parcel contains 281.29 acres, more or less.
A public hearing on the petition will be held at 6:00 P.M. (or as soon thereafter
as possible) on Tuesday, March 6, 2012, in the St. Lucie County Administration
Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested
persons will be given an opportunity to be heard at said hearing. Written comments
received in advance of the public hearing will also be considered. If you have any
questions or comments, please contact Michael Powley, P.E., County Engineer, at 772-
462-1707 or email him at powleym@stlucieco.org.
CHRIS DZADOVSKY, District No. 1 - TOD MOWERY, District No. 2 - PAULA A. LEWIS, District No. 5 - FRANNIE HUTCHINSON, District No. 4 - CHRIS CRAFT, District No. 5
County Administrator - Faye W. Outlaw, MPA
2300 Virginia Avenue o Ft. Pierce, FL 34982
Public Works: (772) 462-1485 ® FAX (772) 462-2268
Engineering Division: (772) 462-1707 e Rood & Bridge Division: (772) 462-2511
Solid Waste Division: (772) 462-1768 - Water Quality Division: (772) 462-2511 - Utilities Division: (772) 462-1 150
www.stlucieco.org
0 0.25 0.5 0,75 1 N
Capron Trails Mine Miles
Map prepared February 17, 2012
ATTACHMENT D
NOTICE
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County
will at 6:00 P.M. (or as soon thereafter as
Lucie County Administration Building, 3rd
Florida, hold a public hearing on the petitil
at 450 East Las Olas Blvd, Fort Lauderc
operation in the mining permit to provide
proposed additional hours are 9:00 p.m.
Lucie County, Florida, to wit:
MINING AREA
Capron Trails Mine
possible), on Tuesday, March 6, 2012, in the St.
Floor Annex, 2300'Virginia Avenue, Fort Pierce,
,n of Indrio Land Group LLC, with office location
ale, FL 33301, to modify the approved hours of
materials at night for the widening of 1-95. The
o 5:00 a.m. The following described land in St.
A PARCEL OF LAND LYING IN SECTION 7 AND SECTION 18, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 880-48'-45" WEST ALONG THE SOUTH
LINE OF SAID SECTION 7; A DISTANCE OF 498.81 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED PARCEL; THENCE SOUTH 001-21'-42" WEST DEPARTING SAID SOUTH LINE, A DISTANCE OF 285.98 FEET;
THENCE NORTH 880-48'-45" WEST, A DISTANCE OF 2408.03 FEET; THENCE NORTH 001-00'-00" WEST, A DISTANCE OF
4113.75 FEET; THENCE NORTH 890-38'-18" WEST, A DISTANCE OF 957.68 FEET; THENCE NORTH 00°-21'-42" EAST, A
DISTANCE OF 1550.88 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7, THENCE NORTH 89°-39'-35" EAST
ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1250.00 FEET TO A POINT ON THE WESTERLY LINE OF
THE CERTAIN FLORIDA POWER AND LIGHT EASEMENT, AS RECORDED IN OFFICIAL RECORD BOOK 102, PAGE 153 OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 360-33'-31" EAST ALONG SAID WESTERLY
LINE OF THE FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 3566.52 FEET; THENCE SOUTH 00°-21'-42"
WEST DEPARTING SAID WESTERLY LINE OF THE FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 2577.26
FEET TO THE POINT OF BEGINNING.
Said parcel contains 281.29 acres, more or less.
The required mining plan is on file in the St. Lucie County Engineering Division, Room
229, 2nd Floor Annex, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort
Pierce, Florida.
All interested persons will be given an opportunity to be heard at said hearing. Written
comments received in advance of the public hearing will also be considered.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
Chris Dzadovsky, Chairman
PUBLISH: February 19, 2012
PROOF AND BILL: Board of County Commissioners, St. Lucie County
AGENDA REQUEST
ITEM NO. VII-B
DATE: 3106/12
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
SUBJECT: Guettler Borrow Pit - Major Adjustment to an Approved Conditional Use Permit
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: August 9, 2007 — A minor adjustment was granted to change the applicant's name.
June 6, 2006 — Board of County Commissioners approved the Conditional Use
Permit and a Class 1 Mining Permit.
RECOMMENDATION: Board adoption of Draft Resolution No.12-012, granting a Major Adjustment to an
Approved Conditional Use Permit known as Guettler Borrow Pit, as outlined in the
attached memorandum.
COMMISSION ACTION:
( ) APPROVED ( ) DENIED
( } OTHER
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( X) County Surveyor (X)
Dani I S. McIntyre Ron Harris
County Engineer (X) "V
Michael Powley
Originating Dept. (X )
a Satterlee
Purchasing ( )
Melissa Simberlund
ERD (X)
`1Karen'6Mifh
OMB ( )
Marie Gouin
Planning and Development
Services Department _
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning and Development Services Directq
Kara Wood, Planning Manager
FROM: Diana Waite, AICP, Senior Planner'
DATE: March 6, 2012
SUBJECT: Guettler Borrow Pit - Major Adjustment to an Approved Conditional Use Permit
ITEM NO. VII-B
Backaround:
Ben Guettler, on behalf of Guettler Brothers Construction, LLC has submitted an application
requesting an adjustment to the boundary of the subject Conditional Use Permit (CUP) originally
approved by the Board of County Commissioners on June 6, 2006. A Class I Mining Permit was
concurrently approved that allowed the borrow pit to be mined for a period of six years. A
modification to the existing mining permit is also required for the project and is scheduled for Board
consideration following this item.
The approved Conditional Use Permit allows the mining of sand from two borrow pits for the
purpose of providing fill for the State Road 70 (SR 70) road widening project. The mining operations
are located on the south side of State Road 70, approximately 1,500 feet east of VPI Grove Road in
close proximity to the SR 70 construction project. Since the original approval, the applicant has
been selected to provide fill for an additional phase of the. SR 70 construction project that requires
modification to the conditional use permit. The additional fill material will come from an increase in
the width and depth of excavations within the conditional use boundary. While the conditional use
boundary will expand in some areas, the overall conditional use area will be reduced from 70.40
acres to 68.09 acres.
During the course of the previous mining activities, excavations inadvertently occurred beyond the
approved conditional use boundary. The proposed conditional use modifies the conditional use
boundary to incorporate those previously mined areas to address the existing conditional use permit
inconsistency. The adjustment also identifies staging areas for the operations and adds Phase 3 to
the project. No changes to the haul road are proposed other than identifying existing staging areas
along the haul road which expands the width in a small area close to SR 70.
The haul road for the mining operation is located approximately 1,500 feet east of VPI Grove Road
on the south side of State Road 70. The haul road extends 4,000 feet south to the southern end of
the mining operation and conditional use boundary. A proposed condition of approval prohibits
mining trucks from utilizing VPI Grove Road or Carlton Road and limits the hauling of fill to the SR
70 construction project. This is consistent with the existing Certificate of Capacity Exemption which
continues to be in effect concurrent with the conditional use permit. The purpose of the condition is
Guettler Borrow Pit
CUMJ620114292
March 6, 2012
Page 2
to allow the impacts related to any future proposal for the general hauling of fill material, or the use
of these two roads to be evaluated and addressed. The applicant has indicated the mining
operation is for the SR 70 construction project only and has no objection to this condition.
In conjunction with the application for a Conditional Use Permit, the applicant has also applied for a
Mining Permit through the St. Lucie County Public Works Department. All activities authorized by
the mining permit must be consistent with the approved Conditional Use Permit or a new or
modified Conditional Use Permit may be required. Public Works and Planning Division staff have
coordinated the review of the two applications and each order granting approval includes cross
references to the other permit.
Staff's review of this petition has determined that the proposed major adjustment is in substantial
conformance with the existing conditional use permit and conforms to the standards of review as
set forth in Section 11.07,00 of the St. Lucie County Land Development Code and is not in conflict
with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan.
Recommendation:
Board adoption of Draft Resolution No.12-012, granting a Major Adjustment to an Approved
Conditional Use Permit known as Guettler Borrow Pit, as outlined in the attached memorandum.
Hearing Date:
March 6, 2012
6 P.M.
PDS File Number
CUMJ 620114292
Applicant
Ben Guettler, Guettler
Brothers Construction LLC
4401 Whiteway Dairy Rd
Fort Pierce, FL 34947
Property Location
1,500 east of the SR 70 &
VPI Grove Road.
Land Use & Zoninp
AG-5 (Agricultural - 1
du/5ac)
Conditional Use Permit
Operation of a Sand Mine
Staff Recommendation
Board adoption of Draft
Resolution No.12-012,
granting a Major Adjust-
ment to an Approved Con-
ditional Use Permit known
as Guettler Borrow Pit, as
outlined in the attached
memorandum. .
Previous Action
June 6, 2006 - Conditional
Use Permit (CU) Approved
October 31, 2007 - Minor
Adjustment Approval.
Project Staff
Diana Waite, AICP
Guettler Borrow Pit:
0 AGENDA ITEM No. VII-B
Major Adjustment to an
Approved Conditional Use Permit
CUMJ-6201 M292 zoning
Guettler Borrow Pit
AG-5
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oxialing boundary t N
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L- 500 R. mune.(ion area h'ap prepared Jerre 37,201f
Location: 1,500 feet east of the SE of the corner of SR 70 and VPI Grove Road
Project Description
Ben Guettler, on behalf of Guettler
Brothers Construction, LLC, has re-
quested a major adjustment to an ap-
proved conditional use permit to modi-
fy the borrow pits footprint and provide
3 phases of excavation. This proposal
results in reducing the overall condi-
tional use boundary from 70.40 acres
to 68.09 acres and increasing the ex-
cavations and ultimate lake area from
23 acres to 54.1 acres. Access to the
borrow pits will continue to be from an
existing haul road with gated access
along SR 70. The mining operation is
part of 1,284 contiguous acres owned
by the same property owner.
Background
The conditional use permit was origi-
nally granted on June 6, 2006 for a
sand mining operation to provide fill
only for the State Route 70 road wid-.
ening project. The mining operation
will continue to solely be used for the
State Road 70 construction project.
Recommended Action
Board adoption of Draft Resolution
No.12-012, granting a Major Adjust-
ment to an Approved Conditional Use
Permit known as Guettler Borrow Pit,
as outlined in the attached memoran-
dum.
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 memo.
Environmental Resources
Department
Final Report
TO: Diana Waite, Planning & Development Services Department
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Jennifer Evans, Senior Environmental Planner
Amy Griffin, Environmental Regulations and Lan s Division Managerx�
DATE: February 3, 2012
SUBJECT: Guettler Borrow Pit Major Adjustment to a Conditional Use
CUMj 620114292
Background
The Environmental Resources Department (ERD) is in receipt of the December 9, 2011 Planning
and Development Services' date -stamped submittal. The applicant requests approval of a Major
Adjustment to a Conditional Use to amend the mining area limits approved through Resolution
No. 06-049 in order to include an expansion of the Phase I and II borrow pits and addition of a
Phase III excavation area. Environmental Resources staff conducted a site inspection on August
5, 2011. The project site is located in western St. Lucie County east of VPI Road and south of
State Road 70. The proposed conditional use boundary consists of improved pasture with a few
scattered native trees; agricultural- ditches and two other surface waters, including the existing
Phase I borrow pit; and a graded dirt access road.
On October 31, 2007 the Environmental Resources Department noted active mining operations
on the subject parcel without an approved vegetation removal permit or exemption as required per
Resolution No. 06-049. The applicant was cited and issued an After -the -Fact Vegetation Permit
(Permit #20090211) after the required conditions of approval had been addressed.
During the course of mining, the applicant expanded their footprint slightly beyond the approved
conditional use boundary. The proposed conditional use adjustment, in part, will revise the
boundary to include the area of Phase I which has already been mined.
Findings
The site is listed as an Environmentally Significant Land according to the St. Lucie County Native
Habitat Inventory records; however, the site has been historically impacted by agricultural
activities and no intact native habitat exists within the proposed project area; only a few scattered
native trees remain. All cabbage palms within the impact area are proposed to be relocated
onsite.
There are no wetlands located within the proposed Conditional Use boundary; however, there are
three wetlands located within the parent parcel. No impacts are proposed to these wetlands and
monitoring provisions have been included in the South Florida Water Management District
Environmental Resources Department
Final Report
Guettler Mine Conditional Use
January 2012
Environmental Resource Permit to ensure no secondary impacts occur as a result of the adjacent
mining activities.
Potential listed species impacts include the federally listed crested caracara and woodstork. The
U.S. Fish and Wildlife Service reviewed these impacts as part Phase I of this project. The
previously approved Crested Caracara Protection Plan shall be updated and adhered to for all
future phases of this mining operation. In addition, the Reclamation Plan will improve wading bird
habitat through the establishment of littoral areas. No listed species impacts are anticipated;
however, due to the presence of cabbage palms and other surface waters onsite, a review and
approval from the U.S. Fish and Wildlife Service regarding potential crested caracara and
woodstork impacts is required.
The proposed mining activities are set -back of approximately 600 feet from Okeechobee Road:
Existing vegetation, including pine flatwoods and wetland areas, will screen the proposed mining
operations from the adjacent roadway. Therefore, additional landscaping along Okeechobee
Road is not required. In addition, no residential properties are located within 200 feet of the
proposed mining area; therefore, no additional perimeter landscaping is required.
Conditions of Approval
1) The applicant shall provide the Environmental Resources Department -approved Lake Area
Monitoring and Management Plan (LAMMP) with an attached affidavit, and a cashier's check,
payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for
.review and approval within 90 days of conditional use approval or prior to issuance of a
Vegetation Removal Permit or Exemption, whichever comes first.
2) The applicant shall have obtained and provided the Environmental Resources Department
with all required federal and state permits and approvals, including but not limited to the
Environmental Resource Permit, South Florida Water Management District Water Use Permit,
US Army Corps of Engineers Section 404 Permit, US Fish and Wildlife Service approval, and
St. Lucie County mining permit prior to issuance of a Vegetation Removal Permit or
Exemption. If federal or state agency compliance requires modification to the mining plans or
implementation of conservation measures, the applicant will promptly modify the plans and
submit to St. Lucie County for review and approval. The County's development approval shall
not prevent compliance with any federal or state agency requirements.
Please contact Jennifer Evans at 772-462-3862 if you have any questions.
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RESOLUTION NO. 12-012
FILE NO.: CUMJ 620114292
A RESOLUTION GRANTING A MAJOR ADJUSMENT TO A
CONDITIONAL USE PERMIT FOR A SAND MINING OPERATION IN
THE AG-5 (AGRICULTURAL - 1 DU/5ACRES) ZONING DISTRICT
FOR 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. Guettler Brothers Construction, LLC presented a petition for a Major Adjustment to
a Conditional Use to modify the conditional use boundary and borrow pit phasing
for the sand mining operation known as Guettler Borrow Pit located in the AG-5
(Agricultural — 1 du/5 acres) Zoning District for the property described in Part B,
and attached as Exhibit "A".
2. On June 6, 2006, through Resolution No. 06-049, the St. Lucie County Board of
County Commissioners approved the petition of Guettler & Sons, LLC for a
Conditional Use Permit to allow for a sand mining operation of two borrow pits in
the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District.
3. On August 9, 2007, through Resolution No. 07-010, the Growth Management
Director granted a Minor Adjustment to the Conditional Use Permit for Guettler &
Sons, LLC to change the applicant and agent name to Guettler Brothers
Construction, LLC.
4. On March 6, 2012, the St. Lucie County Board of County Commissioners held a
public hearing on this 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 described below.
5. The proposed Major Adjustment to the Conditional Use Permit is consistent with
the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.05(E)(2) of the St. Lucie County
Land Development Code, subject to the conditions in Part A below.
6. The proposed project will not have an undue adverse effect on adjacent property,
the character of the neighborhood, traffic conditions, parking, utility facilities, or
other matters affecting the public health, safety and general welfare.
7. The proposed adjustment is in substantial conformity to the original approval and
will not have an undue adverse effect on adjacent property, the character of the
File No.: CUMJ 620114292
Resolution No. 12-012
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neighborhood, traffic conditions, parking, utility facilities, or other matters affecting
the public health, safety and general welfare.
8. The applicant has received a Certificate of Capacity, a copy of which is attached to
this order, as required under Chapter V, St. Lucie County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Guettler Brothers Construction, LLC to allow the
boundary modification and phasing of the sand mining operation in the AG-5
(Agricultural — 1du/5 acres) Zoning District is hereby granted for the property
described below, subject to the following conditions:
The approval granted under this administrative order is specifically
conditioned to the requirement that the petitioner, Guettler Brothers
Construction, LLC, including any successors in interest, shall obtain all
necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities including, but not limited
to the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, and the South Florida Water Management District,
prior to the issuance of any local building permits of authorizations to
commence development activities on the property described in Part A.
2. Prior to commencing the mining operation on the property, the applicant shall
be required to obtain an approved mining permit from St. Lucie County that is
consistent with the conditional use permit development order and Sections
6.06.00 and 11.05.11 of the St. Lucie County Land Development Code.
3. There shall be no blasting permitted within the mining operation.
4. Access to the mining operations shall only be from State Road 70 via the
approved haul road. No access to VPI Grove Road is authorized without
submission and approval of a new Conditional Use Permit.
5. The proposed mining operation is reviewed as being restricted to the delivery
of fill material for the State Road 70 widening project. Prior to any use of the
fill material for alternative purposes a modification of the conditional use
permit and traffic analysis is required.
6. The applicant shall provide the Environmental Resources Department -
approved Lake Area Monitoring and Management Plan (LAMMP) with an
attached affidavit, and a cashier's check, payable to the Clerk of the Court for
the appropriate recording fees, to the County Attorney for review and
File No.: CUMJ 620114292
Resolution No. 12-012
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approval within 90 days of conditional use approval or prior to issuance of a
Vegetation Removal Permit or Exemption, whichever comes first.
7. The applicant shall have obtained and provided the Environmental Resources
Department with all required federal and state permits and approvals,
including but not limited to the Environmental Resource Permit, South Florida
Water Management District Water Use Permit, US Army Corps of Engineers
Section 404 Permit, US Fish and Wildlife Service approval, and St. Lucie
County mining permit prior to issuance of a Vegetation Removal Permit or
Exemption. If federal or state agency compliance requires modification to the
mining plans or implementation of conservation measures, the applicant will
promptly modify the plans and submit to St. Lucie County for review and
approval. The County's development approval shall not prevent compliance
with any federal or state agency requirements.
B. The property on which this Conditional Use approval is being granted is described
as follows:
A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
451, PAGE 2950, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
AND LYING IN SECTIONS 10 AND 15, TOWNSHIP 36 SOUTH, RANGE 37
EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10;
HENCE NORTH 88059'46" EAST, ALONG THE SOUTH LINE OF SAID
SECTION 10, A DISTANCE OF 2102.05 FEET TO THE POINT OF
BEGINNING:
THENCE NORTH 31 °48'04" WEST, DEPARTING SAID SOUTH LINE OF
SECTION 10, A DISTANCE OF 778.08 FEET; THENCE
NORTH 10013'55"
WEST, A DISTANCE OF 195.27 FEET; THENCE NORTH 16°53'14" WEST,
A DISTANCE OF 126.51 FEET; THENCE NORTH
06°45'01" WEST, A
DISTANCE OF 59.79 FEET; THENCE NORTH
44034'38" WEST, A
DISTANCE OF 260.60 FEET; THENCE NORTH
23021'22" EAST, A
DISTANCE OF 56.74 FEET; THENCE NORTH
52°37'05" WEST, A
DISTANCE OF 28.59 FEET; THENCE NORTH
19°09'02" EAST, A
DISTANCE OF 128.44 FEET; THENCE NORTH
69°41'34" EAST, A
DISTANCE OF 55.16 FEET; THENCE NORTH
15°33'53" EAST, A
DISTANCE OF 234.77 FEET; THENCE NORTH
14026'45" WEST, A
DISTANCE OF 428.80 FEET; THENCE NORTH
15°4749" WEST, A
DISTANCE OF 365.16 FEET; THENCE NORTH
.28°28'47" WEST, A
DISTANCE OF 157.99 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF STATE ROAD NO. 70 (OKEECHOBEE ROAD),
A VARIABLE WIDTH
RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS
BOOK 2143,
File No.: CUMJ 620114292
Resolution No. 12-012
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PAGE 1630, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID
POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 3689.72 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 22020'57" EAST; THENCE NORTHEASTERLY, ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °00'37",
A DISTANCE OF 65.05 FEET; THENCE SOUTH 15°47'49" EAST,
DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF
526.50 FEET; THENCE SOUTH 14°26'45" EAST, A DISTANCE OF 505.75
FEET; THENCE SOUTH 22°44'33" EAST, A DISTANCE OF 197.82 FEET;
THENCE SOUTH 00058'18" WEST, A DISTANCE OF 91.28 FEET; THENCE
SOUTH 18050'07" WEST, A DISTANCE OF 229.73 FEET; THENCE SOUTH
06045'01" EAST, A DISTANCE OF 117.91 FEET; THENCE SOUTH
58°24'23" EAST, A DISTANCE OF 180.36 FEET; THENCE SOUTH
88051'17" EAST, A DISTANCE OF 1680.35 FEET; THENCE SOUTH
23°44'46" EAST, A DISTANCE OF 1179.40 FEET; THENCE SOUTH
48026'07" WEST, A DISTANCE OF 1479.71 FEET; THENCE NORTH
31 °48'04" WEST, A DISTANCE OF 1422.19 FEET TO THE POINT OF
BEGINNING.
Containing 68.09 acres, more or less.
Location: South side of State Road 70, approximately 1,500 feet east of VPI
Grove Road and four miles west of the C-24 Canal.
C. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining permits on this property and shall expire on March 6, 2013, unless the
developer has obtained a mining permit approval for the uses described in Part A
above or an extension has been granted in accordance with Section 11.07.05(F),
St. Lucie County Land Development Code.
D. The Certificate of Capacity Exemption granted by the Growth Management Director
on August 6, 2007 shall remain valid for the period of this development order. If
this order expires or otherwise terminates, the Certificate of Capacity Exemption
shall automatically terminate.
E. The St. Lucie County Planning & Development Services Director is hereby
authorized and directed to cause the notation of this resolution 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.
File No.: CUMJ 620114292
Resolution No. 12-012
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After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman XXX
Tod Mowery, Vice Chairman XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
Commissioner Chris Craft XXX
PASSED AND DULY ADOPTED this 6t" Day of March, 2012.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
I_i1639
Deputy Clerk
File No.: CUMJ 620114292
AM
Chairman
APPROVED AS TO FORM
AND CORRECTNESS
County Attorney
Resolution No. 12-012
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EXHIBIT "A"
CtJMJ "620114292. Zoning
Guettfer Borrow Pit
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proposedboundary, AG 5-Agncu1Wral ('I du/SA;),
'!^1900.0,notffioationar6a CAUB:--C4nserkationf'abl(o Mapprkpar40e6rtrmf 2012
File No.: CUMJ 620114292
Resolution No. 12-012
Page 6
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ST. LUCIE COUNTY
Planning & Development Services Department
PlariningDivision
2300 Virginia Avenue; Ft Pierce, FL 34982
Office: 772-462-2822 . Fax: 772462-1581
http://www.stluciec6.orq/p-lanninq-/p--lanhinci.htm
DEVELOPMENT APPLICATION
Prior to submittal, all applications require:a pre -application conference.
Please contact the Planning Division to schedule an appointment.
Submittal Tvoe rcheck each that applies
Site Plan
Rezonino 0
❑ Major Site Plan
❑
Rezoning (straight rezoning)
❑ Minor Site Plan
❑
Rezoning (includes PUD/PNRD/PMUD)
❑ Major Adjustment to Major Site Plan
❑
Rezoning with Plan Amendment
❑ Major Adjustment to Minor Site Plan
Comprehensive Plan Amendment a
❑ Major Adjustment to PUD/PNRD/PMUD
❑
Future Land Use Map Change
❑ Minor Adjustment to Major Site Plan
❑
Comprehensive Plan Text Amendment
❑ Minor Adjustment to Minor Site Plan
Other
❑ Minor Adjustment to PUD/PNRD/PMUD
❑
Administrative Relief
Planned Development
❑
Class A Mobile Homer
❑ Planned Town or Village (PTV)
❑
Developer Agreement (Submit per LDC
❑ Planned Country Subdivision (PCS)
11.08.03)
❑ Planned Retail Workplace (PRW)
❑
Power Generation Plants
❑ Prelim. Planned Unit Develop. (PUD)
❑
Extension to Development Order
❑ Prelim. Planned Mixed Use Develop. (PMUD)
❑
Historical Designation/Changer
❑ Prelim. Planned Non -Res: Develop. (PNRD)
❑
Land Development Code Text Amendment'
❑ Final Planned Unit Develop. (PUD)
❑
Plat
❑ Final Planned Mixed Use Develop. (PMUD)
❑
Post Development Order Change
❑ Final Planned Non -Res. Develop. (PNRD)
❑
Re -Submittal #
Conditional Use °
❑
Shoreline Variance
❑ Conditional Use
❑
Stewardships — Sending/Receiving
im Major Adjustment to a Conditional Use
❑
Telecom Tower (Submit per LDC 7.10.23)
❑ Minor Adjustment to a Conditional Use
o
Transfer of Development Rights
Variance <'
❑
Waiver to LDC/Comp. Plan Requirements e
❑_, Administrative Variance
❑
Appeal of Decision by Administrative Official10
❑ VA'69ide
❑ Variance to Coastal Setback Line
ADDlication Supplement Packaaes
1. Conditional Use .5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan
2. Variance 6. Historical Designation/Change Requirements
3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by
4. Comp. Plan Amendments 8. Re- Submittal Administrative Official
Refer to Fee Schedule for applicable fees.
All required materials must be included at the time of submittal along with the
appropriate non-refundable fee(s).
Page 1.0 6
Revis.eO'June 21, 2010
Re"Wed IN
planning 01vis1011
JUN % I Z011
St. Lucie County
FEE CALCULATION WORKSHEET - - - - -
SITE DEVELOPMENT PLANS — Planning Division
Application Type: Major Adjustment to Conditional Use
Supplemental Application Package No.:
(Please provide separate fee calculation worksheet for each application type)
It BASE REVIEW FEE: $1,200.00 (A)
❑ CONCURRENCY FEE: $ N/A (B)
a ERD REVIEW FEE: $100.00 (C)
a PER ACREAGE CHARGE: $ 668'00 (D)
❑ RESUBMITTAL FEE: (if applicable) $ NSA (E)
❑ OTHER $ NIA
SUBTOTAL OF BASIC FEES: $ ,968.00
a PRE -APPLICATION MEETING FEE: (F) $(250.00 ) deduction
Receipt No. of Payment:
Date of Pre App: 1/20/2011 1,718.00
BALANCE OF FEES DUE: $
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of
the St. Lucie County Land Development Code
1. ❑ $950.00 — Methodology Meeting (G) (If Applicable)
• " Additional fees will be due if a V party traffic study review is needed. These services will be invoiced to
applicant upon receipt of quote of services from 3`d party.
Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning
Division. Refer to "Public Procedures".
• Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment
will be required prior to project approval. Pre -Application Meeting Request
Ben Guettler
Applicant Name (Printed) Signature of applicant
Page 2 of 6
Revised June 21, 2010
Submittal Reauirements - The following checklist is provided as a reminder.
Please see applicable code sections for more detailed submittal requirements.
All Submittals MUST be in complete folded and collated sets.
All applications must include the following:
It Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11
copies)
[ph Aerial Photograph — property outlined (available from Property Appraiser's office
It Property Deed
It Legal description, in MS Word format, of subject property
11 Property Tax Map — property outlined (electronic copy not required)
A Survey
It 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached)
❑ Concurrency Deferral Affidavit; or
0 Description and analysis of the impact of the development on public facilities in accordance with the
methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation
Assessment or a full Traffic Impact Report, if applicable.
Site Plan and Planned Development Applications must also include:
❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled)
❑ Boundary Survey — Signed and Sealed (12 originals)
❑ Topographic Survey— Signed and Sealed (12 originals)
❑ Landscape Plan — Signed and Sealed (12 originals)
❑ Traffic Impact Report (TIR) (4 copies) if:
o 50+ residential units
o Development -on N. or S. Hutchinson Island
o Non-residential (see LDC Section 11.02.09(4))
❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5))
o The property is ten acres or greater
o The property, regardless of size, contains a wetland;
o The property is identified on the "Native Habitat Inventory for SLC";
o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain;
o Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06)
❑ Updated Traffic Analysis if applicable (4 copies)
0 Approved Resolution or GM Order
*Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal
description provided on the property appraiser's website is not valid for our purposes. The legal description
you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any
hearing(s).
Page 3 of 6
Revised June 21, 2010
Project Information
Project Name: Guettler Borrow Pit,,
Site address: Parent Tract Lies in wes(st. Lucie County east of and adjacent to VIP Road and south and adjacent of SR 70.
Parcel ID Number(s):
3111-224-0001-000-5, 3110-114-0040-000-9, 3114-221-0061-000-5 and 3115-111-0001-000-0
Leaal Descrirtion: (Attach additional sheets if necessary - also must be provided in MS Word format on CD)
See Attached Legal Description.
- Section/Township/Range: 10, 11, 14 & 15 / 73681 R37E
Property size - acres: 66.2 Square footage: 2,883,672
Future Land Use Designation: No Change - AG-5
Zoning District: AG-5
Description of project:
We are seeking a Major Adjustment to the referenced Conditional Use for the new proposed limits and
expansion of the Phase I and II Borrow Pits and the addition of the Phase III Excavation, resulting in a
total lake area of t 54.1 acres in the final constructed scenario. Due to the above proposed changes to
the limits of the Borrow Pits, the Conditional Use Boundary is being reduced from 70.4 acres to 66.2
acres.
sheets if n
Type of construction (check all applicable boxes):
❑ Commercial Total Square Footage: Existing
Proposed:
❑ Industrial Total Square Footage: Existing
Proposed:
❑ Residential No. of residential units: Existing
Proposed:
No. of subdivided lots: Existing
Proposed:
Other Please specify: Construction oft 54.1 acres of Borrow Pit for fill material to be used on the adjacent SR 70 Widening project.
Number and size of out parcels (if applicable): N/A
Page 4 of 6
Revised June 21, 2010
SPECIAL- NOTICE
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission of this application does not constitute the granting of approval. All appropriate requirements must
be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves
the right to request additional information to ensure a complete review of this project.
ACKNOWLEDGMENTS
Business Name: Guett(er.Brothers Construciton, LLC
Name: Ben Guettler
Address: 4401 Whiteway Dairy Road
Ft. Pierce, FL 34947
(Please use an address that can accept overnight
packages)
Phone: (772) 461-8345
Fax: (772) 461-8039
Email: ben@guettlerconstruction.com
Please note: both applicant and ascent will
Assent Information:
Business Name: AECOM Technical Services, Inc.
Name: Thomas F. McGowan, PE
Address: 3550 SW Corporate Parkway
Palm City, FL 34990
(Please use an address that can accept overnight
packages)
Phone: (772) 286-3883
Fax: (772) 286-3925
Email: tom.mcgowan@aecom.com
on this
Property Owner Information
This application and any application supplement will not be considered complete without the notarized
signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this
application for approval. The property owner's signature below shall also serve as authorization for the above
applicant or agent to act on behalf of said property owner.
Property.Owrier sigvure
Mailing Address: 3 (�' AJE 6tnese' e A
i�o�e �a�r'2 Pa 2c2S
Propery owner Name (Printed)
Phone: 7 7 2L- 310
If more than one owner, please submit ^additional
pages
STATE OF 091;bw . COUNTY OF dtl . LL/C/.,
The foregoing instrument was acknowledged before me this /7107 day of ��yfi' , 20
by laR/i who is personally known to me or who has produced
as identification.
W. Yyl br r t S
gna e o NOMY
Typpe�jinr� e o�of"ry
�Z> 9' 9 // 7r Commission Number (Seal)
SHARON M. MORRIS
* MY COMMISSION 1f DD 991175
EXPIRES: July 31, 2014
pOO' Bonded Thor Budget Notary Services
Page 5 of 6
Revised June 21, 2010
Re uired Document Naming List
* All electronically submitted documents must be formatted and named according to the list
below. If your submittal includes a document not on the list, the document name shall clearly
reflect the content of the submitted document.
Document
Document
Format
Required Name on CD
Aerial Photograph
PDF
Aerial. df
Application
. PDF
Application.pdf
Approval Order
PDF
ApprovalOrder.pdf
Architectural Elevations
PDF
ArchElev. df
Boundary / Topographic Survey
PDF
BoundaryTopo.pdf
Drainage / Stormwater Plan
PDF
Draina ePln. df
Easements
PDF
Easements. df
Environmental Impact Report
PDF or Word
EIR. df or EIR.doc
Existing Condition Plan
PDF
Existin Cond. df
Flood Plain
PDF or. Word
Flood. df or Flood. Doc
Landscape Plan
PDF
Landsca e. df
Legal Description
Word
Le al.doc
Lighting Plan
PDF
Lighting.pdf
Mitigation Plan
PDF
Miti ation. df
Mobile Home Plans
PDF or Word
MobileHome. df or MobileHome.doc
Paving Plan
PDF
Pavin df
Permit Extemal
PDF
Permit. df
Plat
PDF
Plat. df or Plat.doc
Property Deed
PDF
Deed. df
Site Plan
PDF
SitePlan. df
Traffic Impact Report
PDF or Word
TIR. df orTIR.doc
Tree Survey
PDF
Tree. df
Turtle Protection
PDF or Word
Turtle. df or Turtle.doc
Utiflity Plan
PDF
Utiliity.pdf i
Vegetation Removal Application
PDF
Ve etation. df
Page 6 of 6
Revised June 21, 2010
Supplement 1
Conditiornlsl Use Application Supplement
Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for details
Desired Conditional Use / Adjustment: Guettler Borrow Pit
Minor Adjustment _Z_ Major_Adjustment
Existing use of property: Agricultural
Is a change in 4orqng sough h the petition for Conditional Use?
YES ✓� NO
Is a change in Frutqre Land sought with the petition for Conditional Use?
YES I ✓ NO
Is a Site Plan Apnrpval appli 2-
N
neeiing filed concurrent with the Conditional Use
Application? �_ YESO
If the Conditional Use applied for requires site plan approval, the applicant shall submit
a site plan that meets the requirements of LDC Section 11.02.00.
The following information you provide is very important in determining the outcome of
your conditional use request.: It is required by Section.11.07.00, LDC that appropriate
findings are made to justify a Conditional Use approval. Please use additional pages, if
necessary to justify your request.
1. Describe the reason for the proposed Conditional Use or Adjustment:
We are seeking a Major Adjustment to the referenced Conditional Use for the new
proposed limits and expansion of the Phase II Borrow Pit and the addition of the Phase
III Borrow Pit, resulting in a total lake area of t 54.1 acres in the final constructed
scenario. Due to the above proposed changes to the limits of the Borrow Pits, the
Conditional Use Boundary is being reduced from 70.4 acres to 66.2 acres.
2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC
or the St. Lucie County Comprehensive Plan?
The proposed Conditional Use Major Adjustment is not in conflidt with any portion of
the LDC or the St. Lucie County Comprehensive Plan.
3. What are the existing uses in the immediate area and how is the proposed
Conditional Use or Adjustment compatible with the existing uses in the area?
The project site has an existing Phase I Borrow Pit, and has already received prior
approval for the previously proposed Phase II Borrow Pit. The property surrounding the
project area is used as agricultural land and is owned by the same property owner. The
proposed adjustment will maintain the existing uses in the area and expand the amount
of Borrow Pit area. At its closest point, the Conditional Use Boundary is over 1,617 feet
from the nearest property line.
Page 1 of 2 4/
Revised: May 27,.2010 � �' l i'v(sibm
Supplement 1,
4. What conditions have changed in the immediate area that warrants consideration of
this Conditional Use or Adjustment application?
The adjustment -is expanding the area of the Phase II Borrow Pit, so that the sand
material can be utilized as borrow fill for the adjacent State Road 70 Widening project.
5. What.are the anticipated impacts of the proposed Conditional Use or Adjustment on
the existing and future public facilities in this area, such as roads, transit, water, sewer,
drainage, parks, etc.?
No impacts are anticipated with the proposed adjustment on the existing or future
public facilities in this area, as there are no public facilities in or near the project limits.
6. What are the anticipated environmental impacts of the proposed Conditional Use or
Adjustment? If no adverse impacts are anticipated, please explain why.
No adverse impacts are anticipated for the proposed adjustment. There are no
wetlands within the CU Boundary and at its closest point the boundary is +/-232 ft away
from wetlands. Additionally the proposed project outfall discharges into an existing field
ditch that ultimately discharges into the SFWMD C-23 canal via an existing structure.
7. Please provide any additional information about size, hours, and seasons of
operation; :number of employees; number of car or truck trips; equipment utilized;
anticipated duration of use; impacts of noise and light; access improvements;
hazardous substances utilized; and any other issue that would assist in the evaluation
of this application.
Please see the attached "Guettler Borrow Pit Operational Statement".
Rose P0,7W
Applicant or Agent Name (printed)
Page 2 of 2
Revised: May 27, 2010
Signature
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4
AFFIDAVIT
COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS
STA'T:E.QC.i 40RIDA.:-_
COUNTY -OF-.: Z-5:f. A/uG'iz
2-17- 94being first duly sworn deposes and states:
1. 1 am the owner or the agent for the project known as u �z«x �►� �7
for the following petition: File No. it
2. 1 hereby certify that I have complied with the notice requirements set forth in
Section 11.00.03.E of the St. Lucie County Land Development Code for the
60g.ffA,,w_ > ,��a�l .7 public hearing to be conducted by the
f A. on the above -referenced petition. The
required sign was printed and posted to the specifications listed on the Sign Content
and Sign Requirements forms provided by the -St Lucie County Planning and
Development Services - Planning Division on A4zd - The
following required documentation is attached:
A. Dated Photo submitted electronically (Close up) I
B. Dated Photo submitted electronically (Distant)
Further affiant sayeth not:
Signature of Affiant
STATE OF FLORIDA
COUNTY OF & •
The for7oing instrument was acknowledged before. me this J4 day of I- ) u 20 /2 ,
Said person is personally known to me, _
by it ir1 /nt p p Y
produced a driver's license issued by a state of the United States within the last five (5) years as
identification, or _ produced other identification, to wit
�o�� .Y.• �e4c SHARON M. MORRIS
* * MY COMMISSION & 00 NIV5
EXPIRES: July 31, 2014
I-01I^A". "''v Bonded Tlwu Budgel Notary Services
APu
vl;,
blic, State of /RL0r)'014
,5AI rd n) /y . 610n,) 5
Typed or Printed Name of Notary
Commission No.: #b?> y?// %
My Commission expires: �ry/y 31, dO)V
Revised 3/16/2011
Meetino Time:
6:00 PM (or soon thereafter)
311112200160003
Adams Ranch Inc
PO Box 12909
Fort Pierce, FL 34979-2909
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Fort Pierce, FL 34982
Applicant.
Ben Guettler
Guettler Brothers Construction LLC
4401 Whiteway Dairy Rd
Fort Pierce, FL 34947
File Number
CUMJ 620114292
Property Location
South side of SR 70, approximately
1,500 feet east of VPI Grove Road.
Zoning
AG-5 (Agricultural 1 du/5ac)
Future Land Use
AG-5 (Agricultural - 1 du/5ac)
Staffs Recommendation
Adopt Resolution No. 12-012 granting
a major adjustment to the conditional
use permit.
Further details are available in the
Planning and Development Services
Department —please contact:
Staff Diana Waite, Senior Planner
Tel 772-462-2577
Email waitedj@stlucieco.org
Mail 2300 Virginia Avenue
Fort Pierce, FL 34982
Public Hearing Notice
Tuesday, March, 6, 2012
Major Adjustment to an Approved Conditional Use
for the Guettler Borrow Pit
File No. CUMJ 620114292
CUMJ-620114292 zoning
Guettler Borrow Pit
/ 1
�, 15
r
AG-5 o
,
9 AG4
�I
'bus
® existing poundary. N
AG-5 =AgriFWlural (1 du/5 ac) n
praPosed,6oundary- CPUB - Conservation Public
��500 fl. ndtificallon area aiz
L.�//``{ - Map papeiodFeemary x,t
Project Description
Ben Guettler, on behalf of Guettler
Brothers Construction LLC, has re-
quested a major adjustment to an
approved conditional use permit to
modify the borrow pits footprint and
provide 3 phases of excavation. This
proposal results in reducing the over-
all conditional use boundary from
70.40 acres to 68.09 acres and in-
creasing the excavations and ulti-
mate lake area from 23 acres to 54.1
acres. Access to the borrow pits will
continue to be from an existing haul
road with gated access along SR 70.
The mining operation is part of 1,284
contiguous acres owned by the same
property owner.
Background
The conditional use permit was origi-
nally granted on June 6, 2006 to pro-
vide fill only for the State Route 70
road widening project.
The St. Lucie County Board of County
Commissioners has the power to review
and grant any applications within their
area of responsibility.
The Board of County Commissioners
strongly encourages your input and
comment at the public hearing. You may
also mail, email or fax written comments
in advance of the public hearing for in-
clusion in the official record regarding
this proceeding. Written comments to
the Board of County Commissioners
should be received by the Planning and
Development Services Department —
Planning Division at least 3 days prior to
the scheduled hearing.
Anyone with a disability requiring ac-
commodations to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance
at 772.462.1546 or TDD 772.462.1428
Date Mailed 2/22/2012
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THAT CERTAIN. PARCEL OF LAND DE-
SCRIBED IN OFFICIAL RECORDS BOOK 451, PAGE 2950, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLOR-
IDA, AND LYING IN SECTIONS 10 AND 15, TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE NORTH 88°59'46" EAST,
ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 2102.05 FEET TO THE POINT OF BEGIN-
NING:
THENCE NORTH 31048'04" WEST, DEPARTING SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 778.08
FEET; THENCE NORTH 10°13'55" WEST, A DISTANCE OF 195.27 FEET; THENCE NORTH 16°53'14" WEST, A
DISTANCE OF 126.51 FEET; THENCE NORTH 06°45'01" WEST, A DISTANCE OF 59.79 FEET; THENCE
NORTH 44034'38" WEST, A DISTANCE OF 260.60 FEET; THENCE NORTH 23°21'22" EAST, A DISTANCE OF
56.74 FEET; THENCE NORTH 52°37'05" WEST, A DISTANCE OF 28.59 FEET; THENCE NORTH 19009'02"
EAST, A DISTANCE OF 128.44 FEET; THENCE NORTH 69041'34" EAST, A DISTANCE OF 55.16 FEET;
THENCE NORTH 15033'53" EAST, A DISTANCE OF 234.77 FEET; THENCE NORTH 14°26'45" WEST, A DIS-
TANCE OF 428.80 FEET; THENCE NORTH 15°47'49" WEST, A DISTANCE OF 365.16 FEET; THENCE NORTH
28028'47" WEST, A DISTANCE OF 157.99 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD
NO. 70 (OKEECHOBEE ROAD), A VARIABLE WIDTH RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS
BOOK 2143, PAGE 1630, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID POINT BEING A POINT
ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3689.72 FEET, THE RADIUS POINT
OF WHICH BEARS SOUTH 22°20'57" EAST; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01 000'37", A DISTANCE OF 65.05 FEET; THENCE SOUTH 15047'49" EAST,
DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 526.50 FEET; THENCE SOUTH 140
26-45" EAST, A DISTANCE OF 505.75 FEET; THENCE SOUTH 22044'33" EAST, A DISTANCE OF 197.82 FEET;
THENCE SOUTH 00058'18" WEST, A DISTANCE OF 91.28 FEET; THENCE SOUTH 18050'07" WEST, A DIS-
TANCE OF 229.73 FEET; THENCE SOUTH 06045'01" EAST, A DISTANCE OF 117.91 FEET; THENCE SOUTH
58-24-23" EAST, A DISTANCE OF 180.36 FEET; THENCE SOUTH 88°51'17" EAST, A DISTANCE OF 1680.35
FEET; THENCE SOUTH 23°44'46" EAST, A DISTANCE OF 1179.40 FEET; THENCE SOUTH 48°26'07" WEST, A
DISTANCE OF 1479.71 FEET; THENCE NORTH 31°48'04" WEST, A DISTANCE OF 1422.19 FEET TO THE
POINT OF BEGINNING.
CONTAINING 68.09 ACRES, MORE OR LESS.
PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT
Planning Division
CONDITONAL USE REPONSE FORM
Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written
protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent
or more of the area within five hundred (500) feet of the property affected by the proposed action, any
such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all
of the Board of County Commissioners.
Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div.
ATTN: Diana Waite
2300 Virginia Avenue, Ft. Pierce, FL 34982
Email waited(o)stlucieco.org or Fax (772) 462-1581
Project Description: Guettler Borrow Pit Major Adjustment
Project Location: Southeast corner of VPI Grove Road and State Road 70
Current Zoning: AG-5 (Agricultural — 1 du/5 File No.: CUMJ 620114292
acres
Please check only one of the three following statements, and return by: March 5, 2012. Forms returned
without a name and address will not be considered. All returned forms are a matter of public record
and available for viewing upon request. Please attach additional pages with comments if necessary.
I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE
I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE
I HAVE NO OPINION ABOUT THE PROPOSED CONDITIONAL USE
I certify that as of the date written below, I am a property owner within 500 feet of the proposed Conditional
Use.
Name (Please Print):
Address:
Date:
Signature:
Please call, Diana Waite, Project Manager at (772) 462-1577 if you have any questions.
Revised March 17, 2011
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AGENDA REQUEST
ITEM NO. VII-C
DATE: 3/6/12
REGULAR ( )
PUBLIC HEARING ( X )
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: Guettler Borrow Pit Class II Mining Permit Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the Guettler Borrow Pit Class II Mining Permit.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
County Attorney ( x )
Coordination/Signatures
' Environmental
Daniel McIntyre Services Director
Originating Dept. ( x w4 k3k.
Do ald West
Planning & Dev.
Services Dir. ( x) s
Mark Satterlee
Guettler mine PH.ag
Karen Smith
County Engineer (x) MVP
Michael Powley
A.
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Directo
FROM:
DATE:
SUBJECT:
ITEM NO.
Background:
Michael Powley, County Engineer
March 6, 2012
r
Engineering Division
MEMORANDUM
Guettler Mining Borrow Pit Class II Permit Application
VII-C
The Guettler Mine is located immediately south of State Road 70 in western St. Lucie County. It
was developed in 2006 under a Class I permit. Guettler Brothers Construction is constructing the
adjacent State Road 70 improvements for the Florida Department of Transportation (FDOT). The
material utilized in the roadway construction will create an excavation exceeding the Class I limits.
A Class I permit is limited to a mining area of 20 acres or less. This permit class is only valid for
six years maximum. Excavation of sufficient material for the FDOT project will expand their mining
area to about 60 acres. Therefore a Class I permit is no longer appropriate. In addition, a Class II
permit will allow an extension of 20 years. The current Class I permit expires on June 6, 2012.
All of the General and Special Conditions are presented on the attached draft mining permit and
engineering plans (Attachment A). These conditions are very similar to previous permit
applications. An important consideration is the restriction that the excavated materials may only
be used on the adjacent SR70 project. Uses beyond that will require additional Board approval at
a later date. Also attached is the Environmental Resources Department Final Report (Attachment
B).
Correspondence to all of the neighboring property owners within a one mile radius of the mine has
been sent advising of the proposed expansion and of tonight's Public Hearing (Attachment C) and
Notice has been advertised in the Fort Pierce Tribune (Attachment D).
Previous Action:
June 6, 2006 — Board approved Class I mining permit for a period of six years.
November 27, 2007 — Removed condition restricting use to SR 70 construction only.
February 7, 2012 — Board approved scheduling a public hearing.
Recommendation:
Board approval of the Guettler Borrow Pit Class 11 Mining 'Permit.
ATTACHMENT A MINING PERMIT
Pursuant and subject to the provisions of Sections 6.06.00 and 11.05.11 of the (SLC) St.
Lucie County Land Development Code, a Class II Mining Permit is hereby issued to Guettler
Brothers Construction, LLC, 4401 Whiteway Dairy Road, Fort Pierce, FL 34947, to mine
sand from the following described land in St. Lucie County, Florida.
LEGAL DESCRIPTION
A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL
RECORDS BOOK 451, PAGE 2950, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND LYING IN SECTIONS 10 AND 15,
TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10; HENCE NORTH 88°59'46" EAST, ALONG THE SOUTH LINE
OF SAID SECTION 10, A DISTANCE OF 2102.05 FEET TO THE POINT OF BEGINNING:
THENCE NORTH 31°48'04" WEST, DEPARTING SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 778.08 FEET; THENCE
NORTH 10°13'55" WEST, A DISTANCE OF 195.27 FEET; THENCE NORTH 16°53'14" WEST, A DISTANCE OF 126.51 FEET; THENCE
NORTH 06°45'01" WEST, A DISTANCE OF 59.79 FEET; THENCE NORTH 44°34'38" WEST, A DISTANCE OF 260.60 FEET; THENCE
NORTH 23°21'22" EAST, A DISTANCE OF 56.74 FEET; THENCE NORTH 52°37'05" WEST, A DISTANCE OF 28.59 FEET; THENCE
NORTH 19°09'02" EAST, A DISTANCE OF 128.44 FEET; THENCE NORTH 69°41'34" EAST, A DISTANCE OF 55.16 FEET; THENCE
NORTH 15°33'53" EAST, A DISTANCE OF 234.77 FEET; THENCE NORTH 14°26'45" WEST, A DISTANCE OF 428.80 FEET; THENCE
NORTH 15°47'49" WEST, A DISTANCE OF 365.16 FEET; THENCE NORTH 28°28'47" WEST, A DISTANCE OF 157.99 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 70 (OKEECHOBEE ROAD), A VARIABLE WIDTH RIGHT OF WAY, AS
RECORDED IN OFFICIAL RECORDS BOOK 2143, PAGE 1630, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID POINT
BEING A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3689.72 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 22°2O'57" EAST; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF O1°00'37", A DISTANCE OF 65.05 FEET; THENCE SOUTH 15°47'49" EAST, DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE, A DISTANCE OF 526.50 FEET; THENCE SOUTH 14026'45" EAST, A DISTANCE OF 505.75 FEET; THENCE SOUTH
22°403" EAST, A DISTANCE OF 197.82 FEET; THENCE SOUTH 00°58'18" WEST, A DISTANCE OF 91.28 FEET; THENCE SOUTH
18°50'07" WEST, A DISTANCE OF 229.73 FEET; THENCE SOUTH 06145'01" EAST, A DISTANCE OF 117.91 FEET; THENCE SOUTH
58°24'23" EAST, A DISTANCE OF 180.36 FEET; THENCE SOUTH 88°51'17" EAST, A DISTANCE OF 1680.35 FEET; THENCE SOUTH
23°4T46" EAST, A DISTANCE OF 1179.40 FEET; THENCE SOUTH 48126'07" WEST, A DISTANCE OF 1479.71 FEET; THENCE
NORTH 31°48'04" WEST, A DISTANCE OF 1422.19 FEET TO THE POINT OF BEGINNING.
Containing 68.09 acres, more or less.
This CLASS II mining permit is valid until March 6, 2032 unless revoked prior thereto as
provided in said Sections 6.06.00 and 11.05.11 of SLC Land Development Code.
According to the mining plan on file in the County Engineer's office and approved by the
Board of County Commissioners (BoCC) on March 6, 2012, this permit is subject to
Conditional Use Permit Resolution No. 12-012, paragraphs 1 through 12 of the General
Conditions of this Mining Permit and paragraphs 1 through 25 of the Special Conditions of
this Mining Permit.
GENERAL CONDITIONS:
The terms, conditions, requirements, limitations, and restrictions set forth herein are
"Permit Conditions" and as such are binding upon the permittee and enforceable. The
permittee is hereby placed on notice that the County will review this permit
periodically and may initiate enforcement action for any violation of the "Permit
Conditions" by the permittee, its agents, employees, servants, or representatives.
2. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from the
approved drawings, exhibits, specifications, or conditions of this permit may
Page 1 of 5
constitute grounds for revocation and enforcement action by the County.
3. The issuance of this permit does not convey any vested rights or any exclusive
privileges. Nor does it authorize any injury to public or private property or any
invasion of personal rights, nor any infringement of federal, state, or local laws, or
regulations. This permit does not constitute a waiver of or approval of any other
County permit that may be required for other aspects of the total project which are not
addressed in the permit.
4. This permit conveys no title to land or water, does not constitute County recognition
or acknowledgement of title, and does not constitute authority for the use of
submerged lands unless herein provided and the necessary title or leasehold interests
have been obtained from the state.
This permit does not relieve the permittee from liability for harm or injury to human
health or welfare, animal, plant, or aquatic life, or property and penalties therefore
caused by the construction or operation of this permitted source, nor does it allow the
permittee to cause pollution in contravention of Florida Statutes and County rules,
unless specifically authorized by an order from the County.
6. The permittee shall at all times properly operate and maintain the facilities (and
related appurtenances) that are installed or used by the permittee to achieve
compliance with the conditions of this permit. This provision includes the operation
of backup or auxiliary facilities or similar systems necessary to achieve compliance
with the conditions of the permit.
7. The permittee, by accepting this permit, specifically agrees to allow authorized
County personnel, upon presentation of credentials or other documents as may be
required by law, access to the premises, at reasonable times, where the permitted
activity is located or conducted for the purpose of:
a. Having access to and copying any records that must be kept under the
conditions of the permit;
b. Inspecting the facility, equipment practices, or operations regulated or
required under this permit; and
Sampling or monitoring any substances or parameters at any location
reasonably necessary to assure compliance with this permit.
Reasonable time may depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be unable to comply
with any conditions or limitations specified in this permit, the permittee shall
immediately notify and provide the County with the following information.
a. A description of a case of non-compliance; and
Page 2 of 5
b. The period of non-compliance, including exact dates and times; or, if not
corrected, the anticipated time the non-compliance is expected to continue,
and steps being taken to reduce, eliminate, and prevent recurrence of the non-
compliance.
Proof in a form acceptable to the County Engineer, as applicable, that all of
the appropriate regulatory agencies have been properly notified of the non-
compliance.
The permittee shall be responsible for any and all damages which may result and may
be subject to enforcement action by the County for penalties or revocation of this
permit.
9. This permit applies only to the land described in the permit and is transferable to a
purchaser of the land only upon County approval. The permittee shall be liable for
any non-compliance of the permitted activity until the County approves the transfer.
No County approval shall be required for a lessee or licensee to operate the mine,
provided that title to the land is not conveyed.
10. All permits and addendums along with plans must remain on job site during the entire
period of construction or operation.
11. When requested by the County, the permittee shall, within a reasonable time, furnish
any information required by law which is needed to determine compliance with the
permit. If the permittee becomes aware that relevant facts were not submitted or were
incorrect in the permit application or in any report to the County, such facts or
information shall be submitted or corrected promptly.
12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
have obtained and provided the ERD with all required federal and state permits and
approvals, including but not limited to the Environmental Resource Permit, South
Florida Water Management District (SFWMD) Water Use Permit, US Army Corps of
Engineers (ALOE) Section 404 Permit, US Fish and Wildlife Service (FWS)
approval, and SLC mining permit. If federal or state agency compliance requires
modification to the mining plans or implementation of conservation measures, the
applicant will promptly modify the plans and submit to SLC for review and approval.
The County's development approval shall not prevent compliance with any federal or
state agency requirements.
SPECIAL CONDITIONS:
1) Prior to release of the Pre -Mining bond, all invasive exotic vegetation located within the
Conditional Use boundary not proposed for mining shall be removed (LDC Section
7.09.05).
2) Before any mining activities may begin, bonds must be in place for:
a. Pre -mining
Page 3 of 5
The pre -mining vegetation restoration bond in the amount of $58,021.92 will
be held until the horizontal limits of the mining area (per the performance
bond) are defined through clearing and grubbing operations. Upon written
request to, and approval by the County Engineer, it will be returned.
b. Performance
The performance bond in the amount of $89,481.86 is to rehabilitate the land
upon completion of the mining activities. This includes the removal of all
mining equipment and revegetation of the land and lake. All or a portion of
the bond may be released prior to conclusion of the five-year monitoring
period, upon approval by the County Engineer and the ERD Director.
3) Hours of operation (including related activities such as loading, stockpiling, processing,
etc.): 6:00 a.m. to 6:00 p.m., Monday through Saturday.
4) No operations on holidays (as observed by SLC), or Sundays.
5) No dewatering shall occur without a SFWMD permit submitted to the County Engineer
and receipt verified.
6) Blasting is not approved as part of this permit.
7) All equipment, machinery and structures, which are accessory to mining, shall be
properly removed from the site at the expiration of the permit.
8) Stockpiled material and haul roads shall be periodically watered down during dry and/or
windy conditions to minimize migration of sand, dust, or air contaminants to surrounding
properties.
9) Violations of the mining permit or mining plan are subject to permit revocation by the
BoCC and/or subject to a fine of $250 per violation and an additional $100 per day for
each day that the violation is not brought into compliance.
10) Adherence to all noise and vibration ordinances that were in effect at the time of approval
is required. The noise and vibration conditions may be modified if noise complaints are
received.
11) Prior to the commencement of any mining -related operations, approval from all other
regulatory agencies shall be submitted to and acknowledged by the County Engineer.
12) Pursuant to Section 378.501 or 378.801 Florida Statutes as applicable, the mine operator
must notify the Executive Director of the Florida Department of Environmental
Protection (FDEP), Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr.,
Tallahassee, Florida, 32310, (850) 488-8217 before any new surface area is disturbed.
13) Annual updates shall include but not be limited to an estimated output (incremental and
cumulative) and a graphical representation in both horizontal and vertical limits of how
much area has been mined.
14) As part of the reclamation phase, the permittee shall provide the County Engineer with
Page 4 of 5
an as -built survey which includes, but is not limited to, water depths, setbacks, and cross -
sections (200 feet minimum). The survey shall be performed and certified by a
Professional Land Surveyor registered in the State of Florida. The property lines shall be
monumented.
15) Water consumption shall not exceed three million (3,000,000) gallons per day.
16) The applicant shall protect all wetlands from construction or related activities occurring
outside of the 200-foot wetland protection area through implementation of Best
Management Practices, as appropriate.
17) Within 90 days of issuance of the mining permit a 25-foot wide native upland buffer
planting will be provided along the east side of the haul road near the wetland that is
located east of the haul road and adjacent to SR 70.
18) The cumulative results of all monitoring wells shall be provided on the appropriate basis
(weekly or monthly).
19) All mining activity shall be inside of the conditional use boundary. This includes the
recharge ditch, berms and swale, access road, etc.
20) No coquina mining will be permitted.
21) All bonds shall have no expiration date, and only be released with BoCC approval.
22) Dewatering pumps shall utilize only electric power. Diesel back-up pumps are
acceptable.
23) Permittee shall be required to record the approved mining permit in the Public Records of
SLC within 90 days of approval. Copies shall be provided to the County Attorney and the
County Engineer.
24) No truck traffic (empty or full trucks) on Carlton Road.
25) The mined material may only be used on the adjacent SR 70 project.
26) Access to the mining operations shall only be from SR 70 via the approved haul road.
No access to VPI Grove Road shall be authorized without submission and approval of
a new Conditional Use Permit.
DATED THIS 61h of March, 2012
ST. LUCIE COUNTY
ENGINEERING DIVISION
County Engineer
Page 5 of 5
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GUETTLER BORROW .PIT,
CLASS II MINE PERMIT APPLICATION
SECTION 10, 11, 14, 15, TOWNSHIP 36S, RANGE 37E
ST. LUCIE COUNTY, FLORIDA
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GENERAL CONSTRUCTION NOTES
1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL
EXISTING UTILITIES IN THE VICINITY OF THE PROJECT WORK PRIOR TO
INITIATING THE PROJECT WORK AND TO PROTECT THOSE UTILITIES DURING
CONSTRUCTION AND TO NOTIFY ALL UTILITY COMPANIES WITH FACILITIES IN THE
AREA PRIOR TO CONSTRUCTION.
_. THE CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THE PROJECT SITE, THE
SUPPLEMENTARY CONDITIONS TO, AND THE SPECIFICATIONS FOR THE PROJECT
WORK PRIOR TO COMMENCING CONSTRUCTION. -
3. THE CONTRACTOR SHALL CONDUCT HIS WORK IN STRICT ACCORDANCE WITH
ALL PERMITS AND APPROVALS OBTAINED FOR THIS JOB, AND PARTICULARLY
THE ENVIRONMENTAL RESOURCE AND WATER USE (DEWATERING) PERMITS
OBTAINED FOR THIS JOB, THE ST. LUCIE COUNTY MINING APPROVAL GRANTED
FOR THIS PROJECT AND ALL ST. LUCIE COUNTY LAND DEVELOPMENT CODES
FOR MINING ACTIVITIES.
4. WRITTEN DIMENSIONS ARE PROVIDED FOR CLARITY. WHERE WRITTEN AND
SCALED DIMENSIONS CONFLICT, WRITTEN DIMENSIONS SHALL GOVERN.
5. THE CONTRACTOR SHALL NOTIFY THE APPROPRIATE PUBLIC AGENCIES PRIOR
TO COMMENCING WORK WITHIN THEIR JURISDICTION.
6. THE PRIMARY BENCHI.IARK FOR THIS PROJECT SHALL BE PROVIDED PRIOR TO
THE INITIATION OF CONSTRUCTION.
,. (INFORMATION ON PHYSICAL SITE IMPROVEMENTS SHOWN ON THIS PLAN WERE
TAKEN FROM RECENT AERIAL PHOTOGRAPHY OFF THE SITE, AS VERIFIED
WHERE POSSIBLE, BY THE FIELD RECONNAISSANCE CONDUCTED.
8. INGRESS AND EGRESS TO THE MINING SITE, AND THE PROPOSED HAUL ROAD
FOR THE EXCAVATED MATERIAL SHALL BE ACROSS PRIVATE LANDS LINDER THE
OWNERSHIP AND CONTROL OF EDNA L. GUETTLER, LLC,
9. THE PROJECT SITE IS LOCATED IN FLOOD ZONE X, ABOVE THE 500 YEAR. FLOOD
PLAN.
+10. PRIOR TO ANY DEWATERING OPERATIONS THE FOLLOWING EROSION AND
SEDIMENT CONTROL FACILITIES SHALL BE INSTALLED IN ACCORDANCE WITH
THE MINE OPERATION AND MONITORING PLAN APPROVED FOR THIS PROJECT,
INCLUDING:
A) THE PROJECT PERIMETER BERM, RECHARGE DITCH AND WATER
CONTROL STRUCTURE SHALL BE INSTALLED.
B) EROSION AND SEDIMENT CONTROL BEST MANAGEMENT PRACTICES
SHALL BE INSTALLED BY, THE CONTRACTOR, AS NECESSARY TO
RETAIN SEDIMENT ON UPLAND AREAS OF THE SITE. THE CONTRACTOR
SHALL UTILIZE SILT FENCES, TURBIDITY SCREENS, OR EQUAL
MEASURES APPROVED BY THE PROJECT ENGINEER.
ADDITIONALLY, WHENEVER CONSTRUCTION ACTIVITIES HAVE CREATED
AN NON —STABLE SOIL SURFACE THAT HAS THE POTENTIAL FOR
ALLOWING. SEDIMENT TO BE TRANSPORTED OFF —SITE OR TO ADJACENT
WETLANDS ADDITIONAL EROSION MEASURES SHALL BE IMPLEMENTED.
1) SILT FENCES AND TURBIDITY SCREENS SHALL BE INSTALLED
IN ACCORDANCE WITH FOOT INDEX #102.
11. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THAT ALL
WATER, INCLUDING DE —WATERING WATER, ENTERING WETLANDS, OR
DISCHARGED FROM THE SITE SHALL MEET OR EXCEED STATE WATER DUALITY
STANDARDS — SPECIFICALLY, TURBIDITY SHALL NOT EXCEED 29 NTU ABOVE
BACKGROUND LEVELS. '
12. MINIMUM COVER ON ALL STORM CULVERTS SHALL BE 24—INCHES, EXCEPT
REINFORCED CONCRETE PIPE (RCP) WHICH SHALL BE 12—INCHES.
CULVERTS WITH LESS THAN MINIMUM COVER SHALL BE INSTALLED IN
ACCORDANCE WITH EXTRA BASE DETAIL FOOT INDEX #205.
13. ALL AREAS DISTURBED DURING THE PROSECUTION OF THE PROJECT 'WORK
SHALL BE FINISH GRADED, AND STABILIZED BY THE .APPLICATION OF SEED,
FERTILIZER. AND MULCH WITHIN TWO (2) WEEKS OF THE COMPLETION OF THE
EARTHWORK ACTIVITY.
14, UPON COMPLETION OF EACH PHASE OF THE BORROW PIT OPERATION, THE
COMPLETED MINE AND SURROUNDING SITE SHALL RECLAIMED IN ACCORDANCE
WITH THE APPROVED RECLAMATION AND MITIGATION PLANS.
15. ALL RECLAIMED AREAS OF THE PROJECT SITE SHALL BE GRADED AND SLOPED
TO MINIMIZE THE POTENTIAL FOR EROSION OR THE PONDING OF WATER.
UNLESS OTHERWISE SHOWN ON THESE PLANS, THE MAXIMUM SLOPES FOR ALL
SITE GRADING SHALL BE 4 HORIZONTAL TO 1 VERTICAL (4:1). SIX TO ONE
(6:1) OR FLATTER SLOPES SHALL BE USED WHERE SPACE PERMITS.
16. THE GRADING AND DRAINAGE INFORMATION SHOWN ON THESE BORROW PIT PLANS
ARE THE RESULT OF A DETAILED ENGINEERING GRADING DESIGN AND REFLECT
A PLANNED INTENT WITH REGARD TO DRAINAGE WHICH MEETS THE
REQUIREMENTS OF BOTH LOCAL, STATE .AND FEDERAL REGULATIONS. NO
DEVIATIONS ARE PERMITTED UNLESS APPROVED IN WRITING BY THE ENGINEER —
OF —RECORD, SHOULD THE CONTRACTOR HAVE ANY QUESTION AS TO THIS
INTENT, OR HAVE ANY PROBLEMS WITH THE CONTINUITY OF GRADES, THE
ENGINEER SHALL BE CONTACTED FOR CLARIFICATION AND DIRECTION, PRIOR
TO COMPLETING THAT PORTION OF THE PROJECT WORK.
MINIMUM CONSTRUCTION
CHECKPOINTS
THE ENGINEER OR HIS REPRESENTATIVE SHALL BE NOTIFIED (772-236-3883) FOR A
PROGRESS INSPECTION A MINIMUM OF 24 HOURS PRIOR TO THE FOLLOWING .
CONSTRUCTION MILESTONES:
1. ANY DEVIATION FROM THE APPROVED PLANS.
2. BACKFILLING OF ALL DRAINAGE CONDUITS.
3. UPON COMPLETION OF SACKFILL AND COMPACTION OF PIPE TRENCH
AND STRUCTURES.
4. UPON COMPLETION OF THE SUBGRADE.-
5. UPON COMPLETION OF CONSTRUCTION. FOR A FINAL INSPECTION WITH
REPRESENTATIVES OF THE ENGINEER. CONTRACTOR. AND OWNER.
THE CONTRACTOR SHALL REFER TO THE SUPPLEMENTARY CONDITIONS ACCOMPANYING
THESE CONSTRUCTION PLANS FOR FURTHER INFORMATION REGARDING THE OBSERVATION
AND INSPECTION OF THE PROJECT WORK.
OPERATIONAL STATEMENT
A. APPLICANT:
CONTRACTOR/OPERATOR GUETTLER BROTHERS CONSTRUCTION, L.LC'.
4401 WHITEWAY DAIRY ROAD
FT. PIERCE, FLORIDA 34947
(772)461-8345
CONTACT: MR. BEN GUETTLER
A. SIZE OF PROPERTY:
THE PARENT TRACT OF THE PARCEL TO BE MINED UNDER THIS APPLICATION
INCLUDES THAT PART OF SECTIONS 10 & 15. TOWNSHIP 36 `. RANGE 37 E., ST.
LUCIE COUNTY, FLORIDA THAT ARE MORE CLOSELY DELINEATED ON THE ENCLOSED
MINING PLAN, AND CONTA114ING 68.09 ACRES MORE OR LESS.
THE MINING SHALL BE LOCATED WITHIN THE PROPERTY LIMITS DESCRIBED ABOVE.
B. CLASS AND DURATION OF MINING: CLASS II DURATION OF FDOT'S SR 70
WIDENING PROJECT (NOT TO EXCEED 20 YEARS FOR CLASS II PERMIT).
C. SCHEDULE OF MINING ACTIVITIES:
PHASE I BORROW PIT OPERATIONS HAVE BEEN COMPLETED AS PREVIOUSLY
PERMITTER
PHASE II BORROW PIT OPERATIONS HAVE COMMENCED IN ACCORDANCE WITH PRIOR
APPROVAL, UPON APPROVAL OF THE PERMIT APPLICATION MINING WILL CONTINUE WITH
THE EXPANSION OF PHASES I AND WILL PROCEED FOR A PERIOD OF APPROXIMATELY
THREE (3) MONTHS. PHASE 11 SHALL COMMENCE UPON COMPLETION OF THE PHASE
I EXPANSION AND WILL PROCEED FOR A PERIOD OF APPROXIMATELY EIGHTEEN 118)
MONTHS. PHASE III SHALL COMMENCE UPON COMPLETION OF THE PHASE II
EXPANSION AND WILL PROCEED FOR A. PERIOD OF APPROXIMATELY THREE (3)
MONTHS. RECLAMATION OF THE BORROW PIT SHALL BEGIN UPON COMPLETION OF THE
BORROW PIT OPERATION AND CONTINUE UNTIL COMPLETED, BUT NO LATER THAN SIX
(6) MONTHS FROM THE COMPLETION OF THE EXCAVATION.
E. DAYS & HOURS OF OPERATION & MAINTENANCE:
HOURS OF OPERATION WILL BE 6:00 A.M. TO 6:00 P.M. MONDAY THROUGH
SATURDAY.
F. METHOD OF EXTRACTION/PROCESSING: THE AREAS TO BE MINED SHALL BE
STRIPPED IN SECTIONS OF ALL GRASS AND OTHER VEGETATION AND OVERBURDEN.
AS REMOVED, OVERBURDEN SHALL BE STOCKPILED ADJACENT TO, AND ALONG THE
PERIMETER OF, THE ACTIVE MINE. THE STOCKPILED TOPSOIL SHALL SERVE AS BOTH A
VISUAL AND NOISE BUFFER BETWEEN THE BORROW PIT AND THE SURROUNDING
AREAS. EXCESS OVERBURDEN SHALL BE DISTRIBUTED UNIFORMLY AROUND THE
PERIMETER OF THE PIT UPON COMPLETION OF THE BORROW PIT OPERATION TO
ENHANCE THE.SITE RESTORATION.
OVERBURDEN SHALL BE EXCAVATED BY TRACK HOES, AND FRONT—END LOADERS. A
PORTION OF THIS MATERIAL SHALL BE LOADED DIRECTLY ONTO TRUCKS AND HAULED
FROM THE SITE. THE REMAINING OVERBURDEN SHALL BE STOCKPILED OUTSIDE THE
LIMITS OF THE BORROW PIT BUT WITHIN THE CONDITIONAL USE BOUNDARY —
ALLOWING THE SAND TO BE EXPOSED AND EXCAVATION. OVERBURDEN MATERIAL
SHALL BE LOADED AND HAULED FROM THE SITE AS. NEEDED OR USED FOR
RESTORATION OF RECLAIMED MINE.
ALL MATERIAL EXCAVATED FROM MINE SITE SHALL BE UTILIZED AND NONE SHALL BE
WASTED.
DEWATERING FACILITIES SHALL CONSIST OF TWO (2)-94 HORSEPOWER HYDRAULIC
PUMPS SMITH ONE USED FOR PRIMARY DEWATERING OPERATIONS AND ONE FOR
BACI<JP. THE PUMPS WILL INITIALLY BE DIESEL POWERED PUMPS WITH PROVISIONS
TO CONVERT TO ELECTRIC POWER UNITS WITHIN A TIMEFRAME THAT IS ACCEPTABLE
TO ST. LUCIE COUNTY. THE DEWATERING EFFLUENT FROM THE BORROW PIT SHALL
BE PUMPED TO A GROUND WATER RECHARGE DITCH AND ALLOWED TO FLOW OUT
AND ACROSS THE DESIGNATED DETENTION AREA AS CONTROLLED BY A STRUCTURE ON
THE PERIMETER DITCH. EXCESS WATER GENERATED FROM BORROW PIT DEWATERING
ACTIVITIES SHALL BE DISCHARGED FROM THE SITE TO THE EXISTING FIELD DITCHES
ON THE GUETTLER PROPERTY THROUGH A WATER CONTROL STRUCTURE AS
AUTHORIZED IN THE PLATER USE AND ENVIRONMENTAL RESOURCE PERMITS OBTAINED
FOR THIS PROJECT.
G. ANNUAL OUTPUT:
APPROXIMATELY KO,GOO CY OF BORROW MATERIAL WILL BE EXCAVATED ANNUALLY
FOR TWO (2) YEARS.
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H. OPERATING PRACTICES PROPOSED:
11 TO MINIMIZE NOISE, DUST, AIR CONTAMINANTS AND VIBRATION.
a) BERMS CONSISTING OF STOCKPILED TOPSOIL SHALL BE
CONSTRUCTED ALONG THE BOUNDARIES OF THE BORROW PIT SITE.
b) AS NECESSARY, A WATER TRUCK WILL WET THE HAUL ROAD
TO REDUCE DUST CREATED BY TRUCKS HAULING MATERIAL FROM
THE SITE.
2) TO PREVENT UNDUE DAMAGE TO PUBLIC ROADWAYS. OR CREATE
A TRAFFIC HAZARD.
a) THE PROPOSED HAUL ROAD SHALL BE THE EXISTING
DRIVEWAY CONNECTION TO SR 70
b) EXISTING DRIVEWAY PROVIDES ADEQUATE SITE DISTANCE FOR
THE ENTRANCE TO THE BORROW PIT.
3) TO PREVENT OVERBURDENING OF THE EXISTING DRAINAGE SYSTEM
RAINFALL RUNOFF AND WATER DISCHARGED FROM THE DEWATERING
OPERATIONS ON THE SITE WILL BE DIRECTED TO AN ADJACENT,
TEMPORARY RECHARGE DITCH PRIOR TO BEING DISCHARGED OFF —SITE.
THE BORROW PIT SITE WILL BE BERMED TO PROVIDE SITE STORAGE
SUFFICIENT TO ATTENUATE THE STORMWATER .AND DEWATERING RUNOFF
TO MAINTAIN LEVEL OF ALLOWABLE DISCHARGE. A WATER CONTROL
STRUCTURE WILL BE INSTALLED TO LIMIT THE DISCHARGE OF EXCESS
RUNOFF TO THE OFF —SITE RECEIVING SYSTEM TO THE PRESCRIBED RATE.
AND IN ACCORDANCE WITH THE ENVIRONMENTAL RESOURCE PERMIT .AND
ST LUCIE COUNTY APPROVALS OBTAINED FOR THIS PROJECT.
4) TO PREVENT UNDUE POLLUTION OF SURFACE AND GROUND
WATER, AND AN UNDUE ALTERATION OF THE WATER TABLE.
a) THERE SHALL BE NO OFF —SITE POLLUTION OR TURBIDITY
RESULTING FROM THE PROPOSED BORROW PIT OPERATIONS,
DEWATERING EFFLUENT SHALL BE DISCHARGED TO A. RECHARGE
DITCH WHICH WILL ALSO SERVE AS A SETTLING BASIN FOR RUNOFF
FROM THE PROJECT. THE O'JTFALL DITCH LEADING OFF —SITE SHALL
CONTAIN HAY BALES AND TURBIDITY BARRIERS AS NECESSARY TO
FILTER THE RUNOFF FROM THE PROJECT PRIOR TO OFF —SITE
DISCHARGE.
b) THE DISCHARGE FROM THE DEWATERING PUMPS SERVING THE
BORROW PIT SHALL BE DIRECTED TO A PERIMETER (RECHARGE)
DITCH SURROUNDING TO THE BORROW PIT SITE. THIS DITCH SHALL
ACT AS A GROUNDWATER RECHARGE BARRIER IN THE VICINITY OF
THE ACTIVE BORROW PIT, THIS RECHARGE WILL HELP TO REDUCE,
OR ELIMINATE, THE DRAWDOWN OF THE WATER TABLE OF THE
AREAS SURROUNDING THE BORROW PIT SITE. NO WATER WILL BE
DISCHARGED FROM THE SITE UNTIL THE RECHARGE DITCH IS
COMPLETELY SATURATED TO LEVELS .ABOVE NATURAL GROUND. .
I. OTHER INFORMATION:
1) DEPTH OF EXCAVATION: THE MAXIMUM DEPTH OF EXCAVATED
AREAS IS f30—FEET BELOW LAND SURFACE, OR APPROXIMATELY AN
ELEVATION OF (—) 3.00 FEET, NGVD.
21 ENVIRONMENTALLY SENSITIVE AREAS: PRESERVED WETLANDS
SHALL BE PROTECTED FROM THE BORROW PIT ACTIVITIES
CONDUCTED ON THE SITE. A MINIMUM 200—FOOT BUFFER SHALL
BE MAINTAINED BETWEEN THE EDGE OF THE WETLAND AREA
AND THE TOP OF THE MINING PIT AT ALL TIMES. THE WETLAND
AREA WILL BE PROTECTED THROUGH THE CONSTRUCTION OF A
GROUNDWATER RECHARGE BARRIER IN THE FORM OF A
RECHARGE DITCH. -
3) HAUL ROAD: THE HAUL ROAD UTILIZED FOR TRUCKING THE
BORROW MATERIALS FROM THE SITE AND TO SR 70 SHALL UTILIZE
THE EXISTING CONDITIONAL USE HAUL ROAD WITHIN THE PROPOSED
CONDITIONAL USE BOUNDARY. AS PART OF THE BORROW PIT
OPERATION, THE BORROW PIT CONTRACTOR WILL IMPROVE AND
WIDEN THE HAUL ROADS WHERE NECESSARY, AT A MINIMUM,
ADDITIONAL BASE MATERIALS SHALL BE ADDED ALONG THE LENGTH
OF THE HAUL ROAD FOR THE FREQUENT USE OF HEAVY TRUCKS.
TRUCKS LEAVING THE SITE WILL ENTER THE SR 70 WIDENING
PROJECT CONSTRUCTION SITE UNDER THE DIRECT CONTROL OF
GUETTLER BROTHERS CONSTRUCTION, LLC:.
4) ADJACENT PROPERTY OWNERS: THE LANDS SURROUNDING THE
PROPOSED MINING AREA IS UNDER OWNERSHIP AND CONTROL
OF EDNA L. GUETTLER INC.
5) NPDES PERMIT APPLICATION WILL BE SUBMITTED UPON PROJECT
APPROVAL FROM. AND AS DIRECTED BY, STATE AND LOCAL
REGULATORY AGENCIES.
GUETTLER BORROW PIT,
CLASS II MINE PERMIT APPLICATION
NOTES AND SPECIFICATIONS
PSt-NOTES AND SPECS
S-1
,
0
M�Urj
O GUETTLER
PROPERTY
BOUNDARY
LIMITS OF
EXISTING
WETLAND
LIMITS OF
EXISTING
APPROX. LOCATION OF
WETLAND
ExISTING GATE AND
_ PORTABLE TOILET
'
'ISTiNG ROAD
i BE USED
I,
ROAD
�R HAUL
EXPAND EXISTING PHASE tl
EXISTING U'RNEWAY
BORROW PIT BY ±27.6 ACRES
CONNECTION TO STATE ROAD 70
(PHASE II TOTAL ±42.4 ACRES)
SWALE
2 �"j
�,. �
l� K"
GJETTLER
PROPERTY
BOUNDARY
LIMITS OF
EXISTING
WETLAND
LIMITS OF
EXISTING
E
WETLAND
APPROX. LOCATION OF
- EXISTING GATE AND
PORTABLE TOILET
XISTING ROAD
TO BE USED
-OR HAUL ROAD
EXISTING DRIVEWAY
CONNECTION TO STATE
ROAD 70
PHASE I
BORROW PIT
fiACRE
I I
=4(o
TOP EL.='18.80'
EMERGENCY
OVERFLOW STRICTURE
D ELSEE ETAII
. 2(�.,
BELOVi)
T- CE=2`7.10'
EL. 24-312', EL2 .32*
EL.
q
BOTTOM OF
RECHARGE CANAL
PRO FILE VIEW OF
EMERGENCY OVER.FLO\N STRUCTI-IfRE & PIPE
SCALE: NI.T.S.
Post (Options 2' y 4" Or
2z` `din,Dio 'A' `� d; Still Optianol Post Position—, JI'le Post PositiOn
1.3-1 Lbs
Z(Canted(C.(Canted20' T.imd Ck-oll Cl; �,Iid In Cc
F',It,, Fob,i, 'In Fl—, Fo—: Flot0:1111i
Nith
DiS. Eqi�.)
1"—% 985 FDOT 'Sp—) (12 Ell Per FL. -o-oy—cy)
-7 Fabric'F 'It Flow
A
,:info
(600 lb, 8,,
.... PvC0FibNyb.,,0o `mod strength) �,
)
SECTION T-t, WIN, -.Eini) GroTi—w,, CI
ELEVATION
T--
T
Notii,: Sill F,,i,;,g to Le, pOid for unife, the c-t,aot unit pric-, i3tOk,!d Sit' Fe-O (LF). TYPE I
TYPE III SILT FENCE
so
DIAMETER
OVWSMJME
31 LF '.--,F 38 LF OF 36-I'7
Chill C"' 0 0% EL. 2 1..12,'
PLAN VIEW EL
SI
DE VIEW
EIv1ER.('ENCY OVERFLOW STRUCTURE
SCALE- N.T.S.
SEE ci— 3CE"O. —E
PF.1?05Er; RECH4M
� CANAL
—F—HR. sisEl WITH mm
F-E 'ERR . REEQIR 1 51.110—
SET DETAL 6DE011
El
DIEM(, ilffi;i
IEL. IE
EL. . ......
EL
PROFILE VIEW OF
WATEI' C( NTR(l STRUCTIJIE c PIPE
SCALE: N.T.S.
0-11 IT III14IS
111H 3LEEI;El, :.EE
1177 "I" TCP 11 5111,
1111,R (:'EST
EEt-1 ji-,R ELMER--
P-E
f— IW
901TOI1 ls�� --,Yi4-
TE 35 IxM11NNT EaFILE
IR CE k (.,KMAEI) CINI-H� S- OF 3IN
TO HISF-
CMF ROUED TO RISER FACE (TU
% �tTFILL PIE
--- - --- PET -IL AT NEF)
A L g+,� +,
iiiN 10 INLill KAIE
10 TO 16Eii 111F
LAN VI E01 —ST WITH
SCALE. N.T.S. —.-1, c1— 9A`S
SECTIONAL VIEW
SCALE: N.T.S.
WATER CoI\IT,*---,'OL STRIYC'TRE
Ail UESILNEO NY fl,"CEtl ENUINEER
VERIFY SCALES PAPA MU!vIAS F. MC60"KAN, 'I
BAR IS ONE INCH T71-,'—w, �1,— ,cc, NIJMKR EIV, )ATE
N
CES 4 4
6 2i", 121 RF,, PER SL, EKo CUIVMENT QAIL LATED 12-2'--�l
FJ,FV, nFR L EIZ. 'VMEhT LETTE" :"'ATED 11 -3-201
IF NOT ONE INCOH ON TP%vl 6, 0 8
'32C1 1RELT! L;-EN- '1 LETTE11LD THIIEpFT, AIDU5T ,ATE—CI;l STANDIROE� 4O�O
ES
L S"filim.1; OPP,
EL. '7 1.0')!
0, -5' Std. Pa,cl For Depths 5' or L-o-1-1
Std. Widiti—I P-1.1 F., DejAh,
C-irtcTi,, TO React;
ach Bottm Up To Dop1h, Of To F,ct,
Tv,o(2) PanelsT. So U.-A For 0O.FAIT, Greater Than
0 Fie- JW.- Spe—I Dep-1, CL'ItOi— Spe6.FiC(flil COIIej
F.r 10 TOO Plois Or As O.i,,—ined Ey Ths Erdiree,
NOTIC.Ei COMPONENTS OF TYPE I FLOATINC, TURBIL11TI BARRIER MAY GE SIMIL.kiN OR lc,,EtTlc,'L
TO PROPRIETARY DESIGNS. A-14Y INFRINGEMENT ON THE I�ROPRIET.�R'
RIC'HTS OF THE I) E S K. NI E R, S HALL BE THE SOLE RESPONSIBILITY OF
THE USER. SUBSTITUTIONS F-DR. TIPE I FLOATING TURBIDITY BARRIER, 'HALL RE AS
APPROVED M' THE ENGINEER.
TYPE I FLOATING TURBIDITY BARRIER
OF
I t-) I F 10"i A L
SILT FENCE
EXISIING IERI,,i
IvII.N. EL 29.32'
EL. 2_962� 4
4 CE=27.101"', NG,
EL-2.`.32
EL. 2 -
4, -5
4--
EXISTING KE,-HARGE CANAL
CROSS SECTION A
BORROW PIT, RECHARGE CANAL CROSS SECTION
SCALE; N.T,S.
Elevar�icns shown hercon ore; rela' livca to Xla-licinal c),Jetjc v'et cal
GUETTLER BORROW PIT,
ASCOM CLASS 11 MINE PERMIT APPLICATION 788�D16D24)ETAJLSHEE
SHEEI
Si 5'4 F I fli,,k-y
1.1" "'1' "I"Id" 3aye
0 D-1
T 7,2'.21, 6.3883 F 772.286.31M
DETAILS
01 SIT-
o■
wm
u�
IAI
EL. 21'01,4
EL. 7-
LIMITS OF
CONDITIONAL
150.8' U. E
14.7' 8.9' 3.0' 8.0' 32.0'
EXISTING FENCE
�r SILT
EL. 2 FENCES
CE=27.10' 1 1 �NG EL.=27.32'
EL. 24.32'
�EL=26.00'
EXISTING. RECHARGE CANAL
CROSS SECTION B
BORROW PIT, RECHARGE CANAL CROSS SECTION
SCALE: N.T.S.
LIMITS OF
CONDITIONAL
155.3'
USE
3.0' 14.7' 8.9' 3.0' 8.0'
SILT
FENCE
NG EL.=27.32'
EL. 2 1 4 4 1 ` / EXISTING RANCH ROAD
EL.=26.00' _ E� L. 24.32'
�— EXISTING RECHARGE CANAL
CROSS SECTION C
BORROW PIT, RECHARGE CANAL CROSS SECTION
SCALE: N.T.S.
VERIFY SCALES
BAR IS ONE INCH
ON ORIGINAL CRAwING
PAM
THOMAS F. MCGOWAN, PE
AECOM Tuh,k.l Se ,ices. I..
3550 S.Y+. -pomle Parkway
iblm Ci86ly. 8" da 399sO
T T7?2tDOf3 F7i.. 81.3s25
Certificate Of anN d:�Im� eus
r .0 , m.com
DRAWN BY
CES
flEG NUMBER E%P DATE
44742 2/28/2013
ENG COMMENT EMAIL DATED 12-27-2011
IF NOT ONE INCH ON
THIS SNEET, ADJUST
SCALES ACCORDINGLY
CHECKED BY
TFM
PROJECT NUMBER
60197708
NG COMMENT LETTER DATED 11-3-201 1
IING COMMENT LETTER DATED 7-26-2011
DATE
i /26/2012
CAOD STAHOARDS
i AD,)
CESCFIPTICiJ
)J'.`R
2 3 4 5
z.o' MIN 36" a RCP
i
MIN EL. 29.32'
_7 . 27.10'
EL. 24.32'
CROSS SECTION D
HAUL ROAD/RECHARGE DITCH CROSSING
SCALE: N.T.S.
Elevations shown hereon are relative to National GL,odetic Vertical
Daturn of 1929 (NGVD29).
GUETTLER BORROW PIT, . DRAWING
CLASS II MINE PERMIT APPLICATION 98&D16D2-0ETAILSHEET
SHEET
DETAILS D-2
CF SHEETS
7 8
AGENDA REQUEST
TOO BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
ITEM NO. VII-D
DATE: March 6, 2012
REGULAR[]
PUBLIC HEARING.
Leg. [ ] Quasi -JD [X]
CONSENT []
PRESENTED BY:
JoAnn Riley
Property Acquisition Manager
SUBJECT:
Petition for Abandonment
Petition to abandon a Plat known as St. Lucie Landings recorded in Plat
Book 55, Page 10, St Lucie County
Resolution No. 12-039
BACKGROUND:
See attached Memorandum
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
February 7, 2012 - Permission to Advertise Public Hearing
'RECOMMENDATION:
Staff recommends the Board approve Resolution No. 12-039, instruct staff
to publish the Final Notice of Abandonment, record Resolution No. 12-039,
Proof of Publication of the Notice'of Intent to Abandon, proof of Publication
of the Notice of Public Hearing, Proof of Publication of the Notice of
Abandonment in the Public Records of St. Lucie County.
COMMISSION ACTION:
CONCURRENCE:
[ ].APPROVED [ ] DENIED
[ ] OTHER
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[x) County Attorney: Ik
[x] Road and Bridge [x] Public Works:
Dan McIntyre
Don Pauley Don West
[x] Originating Dept:
[x] Engineering: 1 [x] County Surveyor: "
JoAnn Riley
Mike Powley Ron Harris
f
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: March 6, 2012
SUBJECT: Petition for Abandonment
St. Lucie Landings, Plat Book 55, Page 10, St. Lucie County
Resolution No. 12-039
BACKGROUND:
The Property Acquisition Division received a request from Capstone Resdev, LLC to abandon a Plat known as St. Lucie
Landings.recorded in Plat Book 55, Pages 10 and 11 of the Public Records of St. Lucie County.
Capstone Resdev, LLC requested the abandonment and County staff has reviewed the petition and have filed no
objections to the proposed abandonment. Capstone Resdev, LLC owns the entire parcel and has not sold or conveyed
any part of the plat. The petitioner does not wish to develop the parcel or sell individual lots.
A Notice of Intent to Abandon was advertised on December 23, 2011 and December 30, 2011. No objections were
filed.
On February 7„ 2012, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on
February 7, 2012.
Asign was placed on the property notifying the Public of the time and place of the Public Hearing to abandon the Plat.
On February 17, 2012, letters were mailed to all property owners' lying within 300feet of the proposed abandonment.
On February 21, 2012,.a Notice of Public Hearing was advertised in the St. Lucie News Tribune.
..All relevant public'utilities have been notified and no objections have been filed.
RECOMMENDATION:
Staff recommendsthe Board approve Resolution No.12-039, instructstaffto publish the Final Notice ofAbandonment,
record Resolution No. 12-039, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the
Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County,
Florida.
Respectfully submitted,
JoAnn Riley
Property Acquisition Manager
Abandonment of a Plat - St. Luce Landings 0 w ,,m N
St. Lucie Landings RW
Map pmparea:Jum 27, 2MI
This instrument prepared by:
Janet LiCausi, under the direction of
Daniel S. McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
RESOL UTION NO. 12-039
DATE: March 6, 2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, CLOSING, VACATING AND ABANDONING THE PLAT KNOWN AS ST. LUCIE
LANDINGS RECORDED IN PLAT BOOK 55, PAGE 10 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01
et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt
resolutions vacating plats in whole or in part, which are under the jurisdiction of the Board of
County. Commissioners of St. Lucie County, Florida.
2. Pursuant to Plat Book 55, Page 10, known as St. Lucie Landings, St. Lucie County and the general
1
public have a dedicated interest in the following described land:
Being a parcel of land lying in Section 16, Township 36 South, Range 40 East, St. Lucie
County, Florida, and being more particularly described as follows:
Commence at the Southeast corner of said Section 16; thence North, along the East line
of Section 16, a distance of 1334.05 feet to the Point of Beginning of the following described
parcel•
Thence S 89`40'00" W. a distance of 647.13 feet; thence South a distance of 62.18 feet;
thence S 72'28'00" W. a distance of 190 feet, more or less to the mean high water line of the St.
Lucie River; then Northwesterly along said mean high water line to the intersection with a line
460.75 feet North of, and measured at right angles, and parallel with the South line of the
Northeast one -quarter of the said Section 16; thence Easterly along lastly said line, a distance of
1706 feet, more or less, to the intersection with the said East line of Section 16, thence South ,
along said East line of Section 16, a distance of 460.75 feet to the Point of Beginning, less the
East 23.00 feet for road right-of-way.
Scrivener's Note:
The legal description shown hereon is re -written for clarity and is based on that description recorded in
O.R.B Book 1062, Page 1512, of the Public Records of St. Lucie County, Florida.
3. A Notice of Intent to Abandon was advertised on December 23, 2011 and December 30, 2011
and no objections were filed.
4. All relevant public utilities have given written consent for the abandonment.
5. County Department Staff members have reviewed the petition and have filed no objections to
the proposed abandonment.
6. Property owners within 300 feet have been notified and filed no objections to the
abandonment.
7. On February 7, 2012, the Board of County Commissioners approved Permission to Advertise for
a Public Hearing on March 6, 2012.
8. On February 21, 2012, a Notice of Public Hearing was advertised in the St. Lucie News Tribune,
9. It is in the best interest of the public to vacate and abandon the Plat known as St. Lucie Landings
more particularly described as follows:
Being a parcel of land lying in Section 16, Township 36 South, Range 40 East, St. Lucie
County, Florida, and being more particularly described as follows:
Commence at the Southeast corner of said Section 16; thence North, along the East line of
Section 16, a distance of 1334.05 feet to the Point of Beginning of the following described
parcel:
Thence S 89*40'00" W. a distance of 647.13 feet; thence South a distance of 62.18 feet;
thence S 72`28'00" W. a distance of 190 feet, more or less to the mean high water line of the St.
Lucie River; then Northwesterly along said mean high water line to the intersection with a line
460.75 feet North of, and measured at right angles, and parallel with the South line of the
2
Northeast one -quarter of the said Section 16; thence Easterly along lastly said line, a distance of
1706 feet, more or less, to the intersection with the said East line of Section 16, thence South ,
along said East line of Section 16, a distance of 460.75 feet to the Point of Beginning, less the
East 23.00 feet for road right-of-way.
Scrivener's Note:
The legal description shown hereon is re -written for clarity and is based on that description recorded in
O.R.B Book 1062, Page 1512, of the Public Records of St. Lucie County, Florida.
Florida:
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Being a parcel of land lying in Section 16, Township 36 South, Range 40 East, St. Lucie County,
Florida, and being more particularly described as follows:
Commence at the Southeast corner of said Section 16; thence North, along the East line of
Section 16, a distance of 1334.05 feet to the Point of Beginning of the following described parcel:
Thence S 89`40'00" W. a distance of 647.13 feet; thence South a distance of 62.18 feet; thence
S 72`28'00" W. a distance of 190 feet, more or less to the mean high water line of the St. Lucie
River; then Northwesterly along said mean high water line to the intersection with a line 460.75
feet North of, and measured at right angles, and parallel with the South line of the Northeast one -
quarter of the said Section 16; thence Easterly along lastly said line, a distance of 1706 feet, more
or less, to the intersection with the said East line of Section 16, thence South , along said East line
of Section 16, a distance of 460.75 feet to the Point of Beginning, less the East 23.00 feet for road
right-of-way.
Scrivener's Note:
The legal description shown hereon is re -written for clarity and is based on that description recorded in
O.R.B Book 1062, Page 1512, of the Public Records of St. Lucie County, Florida
K,
Is hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and general
public in and to said lands hereby disclaimed and renounced.
Chairman Chris Dzadovsky
Commissioner Chris Craft
Commissioner Paula Lewis
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
PASSED AND DULY ADOPTED this 6`h day of March, 2012
BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA
ATTEST:
CHAIRMAN
DEPUTY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
2
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
PETITION FOR ABANDONMENT
TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA
The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate,
abandon, discontinue and close, in whole or in part, specific public rights -of -way, easements, or subdivision plats, as
more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and
to any land in connection therewith.
This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as
amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code,
Section 11.10.01 et. seq.
TYPE OF ABANDONMENT REQUESTED
(check one or more as applicable)
indicates requirement for public hearing)
A Plat (*) A Portion of a Plat (*) County Road Right -of 9 Y( )
Drainage Easement not Affecting Road Drainage Public, Utility Easement
Drainage Easement Affecting'Road Drainage (*) Other
Public Interest in u Private Right-of-way or Easement
Petitioner hereby certifies that the filing fee of $500.00. is enclosed or has been paid to St. Lucie County,
and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that
there is no assurance that this petition will be granted, in whole or in part; and no such assurances have been made by.
any. County employee.
z
This Petitions hall contain an affidavit of the Petitioner attesting to the validity of the representations herein
and it's completeness to the best of Petitioner's knowledge and belief.
The Legal Description of the petition site is attached as (EXHIBIT "A").
(Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property,
or adjacent to Petitioners property, i.e. a public.road right-of-way.)
Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by:
(Plat Book and identification, Deed, or other title evidence)
recorded in:
(Plat Book and Page, Deed Book and Page, or Official Record Book and Page)
Public Records of St. Lucie County, Florida.
3. Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in
(EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility
easements,,any structures within the.petition site, and property benefitting from the abandonment.
4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of th.e
petition site in relation to the nearest public right-of-way and all affected properties (properties within a
minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 2 x 11),
obtainable from the Property Appraisers Office, may be used for this purpose.
5. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property
tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may
request additional information if it is determined that the proposed abandonment could have a negative effect
on properties located more than 300 feet from the petition site.)
6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses,
property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting
properties have signed a notarized statement consenting to the abandonment of public right-of-way and such
signed statements are attached hereto as (EXHIBIT "E-1", "E-2", etc.)
7. Attached hereto as (EXHIBIT "F"), consecutively numbered "F-1", "F-2", etc., the signed consent of any
affected utility providing service to or within the petition site and/or drainage district having jurisdiction over
the petition site.
8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right-
of-way will not prevent other property owners from access to and from their property, and no other property
owner in the vicinity will be adversely affected.
9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any
State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St.
Lucie County Board of County Commissioners.
10. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters
in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby
offers to trade or give the County comparable land or lands necessary for public access to the same body of
water.
11. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition
site as evidenced by on instrument recorded in Official Record Books, Pageav, St. Lucie County,
Florida, a copy of which is attached as (EXHIBIT "G").
12. The petitioner hereby certifies that all property taxes u pon the Petition site, or petitioner's property adjacent
to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement
of the County Tax Collector is attached hereto as (EXHIBIT "H" ).
13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOW)
that the petition site to be abandoned is NOT within the limits of -any municipality, OR
that the petition site to be abandoned lies within the corporate limits of
and attached is their resolution of abandonment of the petition site as (EXHIBIT "I").
14. The Petitioner hereby submits a statement (EXHIBIT "J") in support of this petition. which states Petitioner's
reasons for requesting the abandonment and the use to which the Petitioner intends for the land.
15. The Petitioner hereby submits a statement (EXHIBIT "K") which states if the St. Lucie County Board of County
Commissioners chooses to impose a privilege fee pursuant to Ordinance No. 06-022 the Petitioner will submit:
a) an appraisal which shall determine the value that the petition site adds to the benefitting property.
Such an appraisal shall be prepared in accordance with staff requirements and is subject to approval
by the Board of County Commissioners, OR
b) the averaged square foot land value of the abutting property, as established by the most current St.
Lucie County Property Appraiser records, and multiplying said square footage value by the number of
square feet of the petition site. The County's interest shall be equal to 120% of this value. If the
Board determines that the assessed value does not reflect the fair market value, the Board may, in its
discretion, have an appraisal prepared to determine the fair market value.
16. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has
been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County.
The name of the newspaper and dates of publication are as follows:
VF 5 Ti�5 WO_ Go�fi 'l�5Q^ s
(Name of newspaper in which Notice of Intent was published)
(t Fir da e of blished
P )
� I ,� ,-� C) I t
(Seco date ublished)
A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "L")
NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT
TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 17") UPON THE
PETITION SITE IN A CONSPICUOUS AND EASLLY VISIBLE LOCATION, ABUTTING A PUBLIC
THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING
NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE.
THIS PETITION MUST BE EXECUTED BEFORE A NOTARY PUBLIC
ii CAPSTONE RESDEV, LLC
DATE: I ah%/�dll By: 02�
Petitioner's signature fJ(�L �`��i�"r�J VtC� P�251p,NT
CAPSTONE RESDEV, LLC
Type or print Petitioner's name
205 Datura Street
Petitioner's Address
West Palm Beach, FL 33401
Petitioner's Phone Number
COUNTY OF
STATE OF
Before me this day personally appeared 1 who, being duly sworn, deposes and says:
That CAPSTONE R,EsS(A-k-eDEVhe Pefiitioner(s); and,
That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's
knowledge, information and belief.
514rbscribed and sworn to (or affirmed) beforerme this 1��d y of 201, by.
(` as the \jj( WefY�- of CAPSTONE RESDEV, LLC.
who personall,a appeared before me and
who is personally known to me
whose identity I proved on the basis of
_ whose identity I proved on the oath/affirmation of
a credible witness
SHARON E. ONDERCIK yn.d�ryry'� _ ,
COMMISSION #� EE118511
EXPIRES 813/2015 Notary Public
SONDWTHRU 7.85MC1TARY7
EXHIBIT A
LEGAL DESCRIPTION
BEING A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 36 SOUTH, RANGE
40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE
NORTH, ALONG THE EAST LINE OF SECTION 16, A DISTANCE OF 1334.05 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL:
THENCE S 89040'00" W, A DISTANCE OF 647.13 FEET; THENCE SOUTH A
DISTANCE OF 62.18 FEET; THENCE S 72 028'00" W,. A DISTANCE OF 190 FEET,
MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE ST. LUCIE RIVER;
THEN NORTHWESTERLY ALONG SAID MEAN HIGH WATER LINE TO THE
INTERSECTION WITH ALINE 460.75 FEET NORTH. OF, AND MEASURED AT RIGHT
ANGLES, AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ONE -
QUARTER OF THE SAID SECTION 16; THENCE EASTERLY ALONG LASTLY SAID
LINE, A DISTANCE OF 1706 FEET, MORE OR LESS, TO THE INTERSECTION WITH
THE SAID EAST LINE OF SECTION 16, THENCE SOUTH, ALONG SAID EAST LINE
OF SECTION 16, A DISTANCE OF 460.75 FEET TO THE POINT OF BEGINNING,
LESS THE EAST 23.00 FEET FOR ROAD RIGHT-OF-WAY.
SCRIVENER'S NOTE:
THE LEGAL DESCRIPTION SHOWN HEREON IS RE -WRITTEN FOR CLARITY AND
IS BASED ON THAT DESCRIPTION RECORDED IN O.R.B. 1062, PAGE 1512, OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
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Exhibit D
JOKE$
VOMR
JOHN$TON
& $TUBB$, P.A.
Attorneys and Counselors
Memo
To: Mark H. Dahlmeier
From: Kathryn P. Kirby, FRP
Date: June 9, 2011
Subject: PNC Bank/St. Lucie Landings Plat Abandonment—11304.89
Contact Information for property owners within 300 feet of plat
Here is the contact information for the property owners within 300 feet of the plat of St.
Lucie Landings:
Plat of Oleander Pines (Plat Book 28, Page 14):
1. Block 1, Lot 2
PCN:
3415-705-0003-000-8
Property Address:
6811 Shelley Terrace
Port St. Lucie, FL 34952
Owner:
Garry Boel, Jr. and Faith Boel
Mailing Address:
2 Outlook Drive North
Mechanicville, NY 12118
2. Block 1, Lot 3
PCN:
3415-705-0004-000-5
Property Address:
6807 Shelly (Shelley-?) Terrace
Port St. Lucie, FL 34.952
Owner:
Raymond LeBlanc and Pauline LeBlanc
Mailing Address:
same as property. address
3. Block 1, Lot 4
PCN:
3415-705-0005-000-2
Property Address:
6803 Shelley Terrace
Port St. Lucie, FL 34952
Owner: Carl E. Pryor and Marilyn R. Pryor
Mailing Address: same as property address
4. Block 1, Lot 5
PCN:
3415-705-0006-000-9
Property Address:
6800 Shelley Terrace
Port St. Lucie, FL 34952
Owner:
Ronald P. Oliveira and Lucinda Oliveira
Mailing Address:
same as property address
5. Shelley Terrace
Dedicated to St. Lucie
County on the plat
No PCN.
Plat of River's Edge (Plat Book 11, Page 21):
6. Block C, Lot 1 and the East 9 feet of Lot 2
PCN: 3416-801-0021-000-8
Property Address: 900 Elyse Circle
Port St. Lucie, FL 34952
Owner: Gary W. Zanello and Dolores Zanello
Mailing Address: same as property address
7- Block C, the West 71 feet of Lot 2 and the East 23 feet of Lot 3
PCN: 3416-801-0022-000-5
Property Address: 902 Elyse Circle
Port St. Lucie, FL 34952
Owner: Norman Toombs and Linda Toombs
Mailing Address: same as property address
8. Block C, the West 57 feet of Lot 3, all of Lot 4, and the East 51 feet of Lot 5
PCN: 3416-801-0023-000-2
Property Address: 906 Elyse Circle
Port St. Lucie, FL 34952
Owner: Robert Hayes and Brenda Hayes
Mailing Address: same as property address
9: Block C, the West 29.2 feet. of Lot 5 and the East 64.8 feet of Lot 6
PCN:
3416-801-0025-000-6
Property Address:
908 Elyse Circle
Port St. Lucie, FL 34952
Owner:
Deirdre L. Petersen
Mailing Address:
same as property address
10. Block C, the West 15.2 feet of Lot 6 and a portion of Lot 7
PCN:
341.6-801-0026-000-3
Property Address:
910 Elyse Circle
Port St. Lucie, FL 34952
Owner: James R. Ross and Anne G. Ross
Mailing Address: same as property address
11. Block C, portion of Lot 7
PCN: 3416-801-0027-000-0
Property Address: 7203 Elyse Circle
Port St. Lucie, FL 34952
Owner: Adoracion G. Katta
Mailing Address: same as property address
12. Block C, portions of Lots 7 and 8
PCN: 3416-801-0028-000-7
Property Address: 7205 Elyse Circle
Port St. Lucie, FL 34952
Owner: Harvey E. Koehnen
Mailing Address: same as property address
13. Block C, portions of Lots 8, 9, 10 and 11
PCN: 3416-801-0029-000-4
Property Address: 7207 Elyse Circle
Port St: Lucie, FL 34952
Owner: Arnold Meier and Sonja Meier
Mailing Address: Bergstrasse 14
8955 Oetwil an der Limmat
SWITZERLAND
14. Block A, Lot 1 and the West 51 feet of Lot 2
PCN: 3416-801-0001-000-2
Property Address: 7204 Elyse Circle
Port St. Lucie, FL 34952
Owner: Nanjappa Subramanian and Nalini J. Subramanian
Mailing Address: same as property address
15. Block A, the East 36 feet of Lot 2 and the West 64 feet of Lot 3
PCN: 3416-801-0002-000-9
Property Address: 905 Elyse Circle
Port St. Lucie, FL 34952
Owner: Juan Caballero
Mailing Address: same as property address
16. Block A, the East 23 feet of Lot 3 and the West 77 feet of Lot 4
PCN: 3416-801-0004-000-3
Property Address: 903 Elyse Circle
Port St. Lucie, FL 34952
Owner: Warren G. Pearson and Kilree Lee
Mailing Address: same as property address
17. Block A, the East 10 feet of Lot 4 and all of Lot 5
PCN:
3416-801-0005-000-0
Property Address:
901 Elyse Circle
Port St. Lucie, FL 34952
Owner:
Gary W. Zanello.and Dolores Zanello
Mailing Address:
900 Elyse Circle
Port St. Lucie, FL 34952
18. Block A, all of Lot 6 and the East 13 feet of Lot 7
PCN:
3416-801-0006-000-7
Property Address:
TBD (vacant)
Owner:
Gerard Q. C. Flores and Ma Teresa E. Flores
Mailing Address:
118 N. Naranja Avenue
Port St. Lucie, FL 34983
19. Block A, the West 74 feet of Lot 7 and the East 26 feet of Lot 8
PCN:
3416-801-0007-000-4
Property Address:
902 Diane Drive
Port St. Lucie, FL 34952
Owner:
Liberman Real Estate LLC
Mailing Address:
2699 Stirling Road, #A-305
Fort Lauderdale, FL 33312
20. Block A, the West 61 feet of Lot 8 and the East 39 feet of Lot 9
PCN: 3416-801-0008-000-1
Property Address: 904 Diane Drive
Port St. Lucie, FL 34952
Owner: Gregory L. Kirk and Dawn A. Kirby
Mailing Address: same as property address
NOTE: This is a Confidential Record per the Property Appraiser's Office
21. Block A, the West 48 feet of Lot 9 and all of Lot 10
PCN: 3416-801-0009-000-8
Property Address:. 7206 Elyse Circle .
Port St. Lucie, FL 34952
Owner: Kristina Cooper
Mailing Address: same as property address
22. Elyse Circle
Circles and Drives dedicated to the public on the plat
No PCN
Others:
23. Lot 17, The Woodlands Subdivision
PCN:
3415-701-0017-000-7
Property Address:
899 Woodlands Drive
Port St. Lucie, FL 34952
Owner:
Frank L. Acquaro, Jr.
Mailing Address:
same as property address
24.40 feet by 45 feet parcel
in SW '/4 of S15, T36S, R40E
PCN:
3415-501-0043-000-4
Property Address:
TBD (Vacant)
Owner:
City of Port St. Lucie
Mailing Address:
121 SW Port St. Lucie Blvd.
Port St. Lucie, FL 34984
25.630 acres in S15,
PCN:
Property Address:
Owner:
Mailing Address:
T36S, R40E
3415-501-0042-000-7
7300 Oleander Avenue
Port St. Lucie, FL 34952
Eden Park Management, Inc.
same as property address
26. E 552.50 feet of the S 250 feet of the N 606.9 feet of the NE'/ of SE'/4, less 23
feet for road R-O-W, S16, T36S, R40E
PCN:
3416-411-0001-000-5
Property Address:
7101 Oleander Avenue
Port St. Lucie, FL 34952
Owner:
Kathy Mahlschnee
Mailing Address:
7123 Oleander Avenue*
Port St. Lucie, FL 34952
27. Begin 355.59 feet S and 552.50 W of NE corner of SE'/4, etc., of S16, T36S,
R40E
PCN: 3416-411-0003-000-9
Property Address: 7101 Oleander Avenue
Port St. Lucie, FL 34952
Owner: Kathy M. Peters
Mailing Address: 7123 Oleander Avenue*
Port St. Lucie, FL 34952
*Note: this address does not show up in the property appraiser's or tax
collector's records.
pldocs\11304\00089\mem\1 ay2596.docx
act- iB n c 4:z- --1
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
MARK H. DAHLMEIER, ESQ.
.ZONES, FOSTER, JOHNSTON & STUBBS, P.A.
505 SOUTH FLAGLER DRIVE
SUITE 1100
WEST PALM BEACH, FLORIDA 33401
RELEASE OF PLATTED UTILITY EASEMENTS
u uST
This Release of Platted Utility Easements executed this ��D day of 2011, by COMCAST
CABLE VISION CO., whose mailing address is 1495 NW Britt Road, Stuart, Florida 34994, First Party, to
and in favor of CAPSTONE RESDEV, LLC, a Delaware limited liability company, whose mailing address
is 205 Datura Street, West Palm Beach, Florida 33401, Second Party.
WITNESSETH, that the First Party, for and inconsideration of the sum of Ten and no/100 Dollars
($10.00), in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does
hereby. remise, release, quitclaim and convey unto the said Second Party forever all the right, title,
interest, claim and demand which the said First Party has in and to the following described platted utility
easements, situate, lying and being in the County of St. Lucie, State of Florida, to -wit:
All utility easements dedicated pursuant to the Plat of St. Lucie Landings,
according to the Plat thereof, as recorded in Plat Book 55, Page 10; Public
Records of St. Lucie County, Florida (the "Plat'), including, without limitation,
the Utility Easement and Utility Easement 2 (a/k/a Utility Easement No. 2)
shown on the Plat and any and all other easements dedicated for utility
purposes pursuant to the Plat.
SUBJECT TO any and all restrictions, reservations and other matters of record.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents as of the
day and year first above written.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF Mar -fin
COMCAST CABLE VISION CO.
By:
Print Name:
Its: mar
The foregoing instrument was acknowledged before me this I day of AIL ' 1.L3 i— , 2011,
by Al 10nt/ S ' d , the bn ►'1 Sv ,15()(..of COMCAST CABLE
who executed f1he forbgoing for the purposes ekpress therein. He/She i rsonally known to 3
me or did produce as identification.
cial seal in the County and State last aforesaid.
F; �y:eY6 Shannon McCarthyy
Commissioio n DD 757285
a Expires March 8, 2012
p Notary Public- -)n�' On (� n /�
Rr" „•• SondedThmTmyPanlmuance8(b•385d019 J `llln b `C& '�I lt/V
Print Name:
(NOTARY SEAL) My Commission Expires:
p:\docs\11304\00089\doc\1 ax1989.docx .
,X � �1 j3 �-} P -2-
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
MARK H. DAHLMEIER, ESQ.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
505 SOUTH FLAGLER DRIVE
SUITE 1100
WEST PALM BEACH, FLORIDA 33401
RELEASE OF PLATTED UTILITY EASEMENTS
This Release of Platted Utility Easements executed this day of V u 1Y 2011, by
BELLSOUTH TELECOMMUNICATIONS, INC., d/b/a AT&T FLORIDA, whose maili g address is 3300
Okeechobee Road, Ft, Pierce, Florida 34947, First Party, to and in favor of CAPSTONE RESDEV, LLC, a
Delaware limited liability company, whose mailing address is 205 Datura Street, West Palm Beach,
Florida 33401, Second Party.
WITNESSETH, that the First Party, for and in consideration of the sum of Ten and no/100 Dollars
($10.00), in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does
hereby remise, release, quitclaim and convey unto the said Second Parry forever all the right,. title,
interest, claim and demand which the said First Party has in and to the following described platted utility
easements, situate, lying and being in the County of St. Lucie, State of Florida, to -wit:
All utility easements dedicated pursuant to the Plat of St. Lucie Landings,
according to the Plat thereof, as recorded in Plat Book 55, Page 10, Public
Records of St. Lucie County, Florida (the "Plat"), including, without limitation,
the Utility Easement and Utility Easement 2 (a/k/a Utility Easement No. 2)
shown on the Plat and any and all other easements dedicated for. utility
purposes pursuant to the Plat,
SUBJECT TO any and all restrictions, reservations and other matters of record.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents as of the
day and year first above written.
Signed, sealed and delivered BELLSOUTH TELECOMMUNICATIONS, INC., d/b/a
in the presence of: AT&T FLORIDA
By: Z2�
Print N me:��9�rs
Its: _4,Pz A .u1A-w>1c:,�.p__
STATE OF FLORIDA
COUNTY OF ,.Si • 1uc,c
The foregoing instrument was acknowledged before me this a2r,day of J L-Y 2011,
by the RP4t79 M,�qalAG-1-=/L of BELLSOUTH
TELECOMMUNICATIONS, INC., d/b/a AT&T FLORIDA, who executed the foregoing instrument for the
purposes express therein. H_e/,Shre is personally _ known to me or did produce
as identification.
Witness my hand and official seal in the County and State last afo said.
NOTARY PUBLIC•STATE OF FLOREDA
Sheldon J. Cox
.Commission #DD912591 Notary Public
`- ,,- Expires: JULY 30, 2013 Print Name: %�� ��•� J - ��
(N "§!��L'T'ceosnrscco.,e4c. My Commission Expires:
p:\docs\11304\D00B9\doc\1 ax2066.docx
�-� IT *F - 3
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
MARK H. DAHLMEIER, ESQ.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
505 SOUTH FLAGLER DRIVE
SUITE 1100
WEST PALM BEACH, FLORIDA 33401
RELEASE OF PLATTED UTILITY EASEMENTS
r
This Release of Platted Utility Easements executed this q day of 1UNe, 2011, by FLORIDA
CITY GAS, whose mailing address is 4180 South U.S. Highway One, Rockledge, Florida 32955, First
Party, to and in .favor of CAPSTONE RESDEV, LLC, a Delaware limited liability company, whose mailing
address is 205 Datura Street, West Palm Beach, Florida 33401, Second Party.
WITNESSETH, that the First Party, for and in consideration of the sum of Ten and no/100 Dollars
($10.00), in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does
hereby remise, release, quitclaim and convey unto the said Second Party forever all the right, title,
interest, claim and demand which the said First Party has in and to the following described platted utility
easements, situate, lying and being in the County of St. Lucie, State of Florida, to -wit:
All utility easements dedicated pursuant to the Plat of St. Lucie Landings,
according to the Plat thereof, as recorded in Plat Book 55, Page 10, Public
Records of St. Lucie County, Florida (the "Plat"), including, without limitation,
the Utility Easement and Utility Easement 2 (a/k/a Utility Easement No. 2)
shown on the Plat and any and all other easements dedicated for utility
purposes pursuant to the Plat.
SUBJECT TO any and all restrictions, reservations and other matters of record.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents as of the
day and year first above written.
Signed, sealed and delivered
in the presence of:
I�lulii�• i
• I�lulii�
r� r
WMA
STATE OF FLORIDA
COUNTY OF
FLORIDA CITY GAS
By: /r41
-. Print Name: flewhd-b MvcGt�2
Its: A4,*v# .c-n caNsriweyeow op-Wparrvws
The foregoing instrument was acknowledged before me this CA day of rNe-- 2011,
by 1 J— 11rr , the . C- , % L, of FLORIDA CITY GAS, who
executed the foregoing instrument for the purpo es express therein. He/She-
or did produce as identification.
Witness my hand and official seal in the County and State last aforesaid.
LEpLIE �,,14D�IGEN1ICM
NOTARY PUBLIC
STATE OF FLORIDA
CcdW"i EW6563
3TWQ99M�V7.docx
c
t
oPublic
Print
Name: —Q-&
My Commission Expires:
�.-z� 0,4�}
IN
-Ex� tei-r F --'t.
THIS INSTRUMENT PREPARED BY
AND RETURN TO.
MARK H. DAHLfUIEIER, ESQ.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
505 SOUTH FLAGLER DRIVE
SUITE 11.00
WEST PALM BEACH, FLORIDA 33401
RELEASE OF PLATTED UTILITY EASEMENTS
This Release of Platted Utility Easements executed this � day ofkOe6 IA?,—, 2011, by FLORIDA
POWER & LIGHT COMPANY, whose mailing address is 1050 SE Brandon Circle, Port St. Lucie, Florida
34952, First Party, to and in favor of CAPSTONE RESDEV, LLC, a Delaware limited liability company,
whose mailing address is 205 Datura Street, West Palm Beach, Florida 33401, Second Party.
WITNESSETH, that the First Party, for and in consideration of the sum of Ten and no/100 Dollars
($10.00), in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does
hereby remise, release, quitclaim and convey unto the said Second Party forever all the right, title,
interest, claim and demand which the said First Party has in and to the following described platted utility
easements, situate, lying and being in the County of St, Lucie, State of Florida, to -wit:
All utility easements dedicated pursuant to the Plat of St. Lucie Landings,
according to the Plat thereof, as recorded in Plat Book 55, Page 10, Public
Records of St. Lucie County, Florida (the "Plat'), including, without limitation,
the Utility Easement and Utility Easement 2 (a/k/a Utility Easement No. 2)
shown on the Plat and any and all other easements dedicated for utility
purposes pursuant to the Plat.
SUBJECT TO any and all restrictions, reservations and other matters of record
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents as of the
day and year first above written.
Signed, sealed and delivered
in the presence of:
Pri�Name- 1110-7JtE
Int Name:`�—
FLORIDA POWER & LIGHT COMPANY
By. ' G
Print Name:
Its:
STATE OF FLORIDA
COUNTY OF1
T �'f egoin 'nst ment was acknowledged befgFeJae this day of kV(ff�, -r, 2011,
by the �/��.� :� 1'��� of FLORIDA POWER &LIGHT
COMPAN xecute the foregoing instrument for the purposes express therein. He/She is
rsorral y nown to e or did produce as identification.
Y y�i.
Witness m hand and official seal in the Count nd State last aforesaid. ;5:;•
=ousr 0�a Notary Public State of Florida
Karen Hester
y o< My commission DD924316
(N TPi �°E es09/1012013
p\ s 4 o.\a ox
Not ry Public
Print Name:
M Commissio Expires:
Y P
JOS SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
s Z # 3536081 OR BOOK 3247 PAGE 2044, Recorded 11/19/2010 at 12:51 PM
Doc Tax: $0.70
} EXHIBIT G
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT IN AND
FOR ST. LUCIE COUNTY, FLORIDA.
CASE NO: 56 2008 CA0009024
NATIONAL CITY BANK, as successor
by merger to Fidelity Federal Bank &
Trust,
Plaintiff,
V.
ST. LUCIE LANDINGS DEVELOPERS,
LLC, PARAMOUNT QUALITY HOMES
CORP., MARTIN S. SCHAFFER, ELIEZER
J. MORGINSTIN, PASQUALE ZARRO and `
ROBERTS. BERTHIUAME, JR., EMMETT
J. FOSTER, as Trustee of the Emmett J.
Foster Revocable Trust dated July 13, 1995, M
DAVID BELKE, ORLANDO NATIONAL BANK,
JOHN CROSS and LOUISE CROSS, �?
Defendants.
CERTIFICATE OF TITLE
I, JOSEPH E. SMITH, Clerk & Comptroller of the above -entitled Court, do hereby
certify that I executed and filed •a Certificate of Sale in this action on
2010, for the real property described herein, and that no objections to the sale have
been filed within the time allowed for filing objections. The real property described as
follows, located in St. Lucie County, Florida:
Beginning at the Southeast comer of Section 16, Township 36 South,
Range 40 East, run North along the East line of said Section 1334.05 feet
to the Point of Beginning; thence run South 89*40' West 647.13 feet;
thence run South 62.18 feet; thence run South 72*28' West 190 feet more
or less to the East bank of the St. Lucie River, thence run Northerly
meandering said river to a point 460.75 feet due North of the South line of
the NE % of the SE Y4 of said Section; thence run East parallel to said
National City Bank v. St. Lucie Landings, LLC, at al.
Case No: 56 2008 CA0009024
South line to the East line of said Section; thence run South to the Point of
Beginning, less the East 23 feet for road right of way."
SAID LAND NOW BEING ALL OF THE PLAT OF ST. LUCIE LANDINGS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
55, PAGE 10, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA
LESS AND EXCEPT TRACT A OF SAID PLAT.
The Real Property or its address is commonly known as 7201 Oleander Avenue,
Ft. Pierce, FL 34592
was sold to:
CAPSTONE RESDEV.LLC 205 DAT RA STREET, wEsT PATt4f BEACH, F'Log 9440I
(name and address).
WITNESS my hand and seal on this Court, on the Nome, b ,.r 16 , 2010.
JOSEPH E. SMITH
` + Clerk & Co o e ,.Circuit Court
F: By:
`° sC Deputy Clerk
Copies fumished to:
Michael T. Kranz, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
505 S. Flagler Drive, Ste. 1200
West Palm Beach, FL 33401
(561)650-0438
mkra nz(cb iones-foster.com
P:%DOCS411304\000891PLD11612882.DOC
VA
REAL ESTATE TAX INFORMATION - St. LUCIE LANDINGS DEVELOPERS, LLC, PROPERTY
Parcel ID#
Site Address
Owner Name
Status of 2010 Taxes
3416-803-0002-000/5
St. Lucie Landings Road R/W
Harmony Way
St. Lucie Landings RA, Inc.
No taxes due
3416-803-0003-000-2
St. Lucie Landings Water
Management Tract 1
St. Lucie Landings RA, Inc.
No taxes due
3416-803-0004-000-9
St. Lucie Landings
Conservation Tract 1
St. Lucie Landings RA, Inc.
No taxes due
3416-803-0005-000-6
3416-803-0006-000-3
3416-803-0007-000-0
3416-803-0008-000-7
3416-803-0009-000-4
3416-803-0010-000-4
3416-803-0011-000-1
3416-803-0012-000-8
3416-803-0013-000-5
3416-803-0014-000-2
3416-803-0015-000-9
3416-803-0016-000-6
3416-803-0017-000-3
3416-803-0018-000-0
Lot 1, St. Lucie Landings
Lot 2, St. Lucie Landings
Lot 3, St. Lucie Landings
Lot 4, St. Lucie Landings
Lot 5, St. Lucie Landings
Lot 6, St. Lucie Landings
Lot 7, St. Lucie Landings
Lot 8, St. Lucie Landings
Lot 9, St. Lucie Landings
Lot 10, St. Lucie Landings
Lot 11, St. Lucie Landings
Lot 12, St. Lucie Landings
Lot 13, St. Lucie Landings
Lot 14, St. Lucie Landings
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC .
Capstone ResDev, LLC
Capstone ResDev, LLC
Capstone ResDev, LLC
EXHIBIT H
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
Paid -no delinquent taxes
.._.. _. __.. __ _. _._:..:._.. a..., i .:.._L_x....
EXHIBIT
The petitioner, Capstone Resdev, LLC hereby requests The St. Lucie
County Board of Commissioners abandon the plat recorded as St.
Lucie Landings. The petitioner owns the entire parcel and has not
sold or conveyed any part of the plat. The petitioner does not wish to
develop the parcel or sell individual lots. The petitioner is aware that
abandoning the plat causes all associated rights of the development
order to be null and void.
SCRIPPS TREASURE COAST
NEWSPAPERS
St. Lucie News -Tribune
SCRIPPS 600 Edmrds Road,- Ft Pierce, FL 34982
AFFIDAVIT OF PUBLICATION
&X4-L'13 tT I --.
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Mana
News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement w
News -Tribune in the following issues below. Affiant further says that the said St Lucie News -Tribune is a newspaper published in
Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, dail
County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furt
paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advE
the said newspaper. The St. Lucie News -Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lu
been for a period of one year next preceding the first publication of the attached copy of advertisement.
Ad Pub
Customer Number Date Copyline
CUOZZO DESIGN 2348208 12/23/2011 NOTICE
GROUP; INC.
CUOZZO DESIGN 12/30/2011
GROUP, INC.
Swprfftb, and subscribe before me this dQe*mber 30, 2011, by
who is
Sherri Cipriani
j� personally known to me or
[ ] who has produced as identification.
Michael Merone Notary Public
S AL
MICHAEL MENONE
:= Notary Public - State of Florida
My Comm. Expires May 20, 20t4
Commission # DID994177
PO #
CAPSTONEINTENT
NEWSPAPER E-Sheet®
LEGAL NOTICE
ATTACHED
DO NOT
SEPARATE PAGES
h
AGENDA REQUEST
ITEM NO. VII-E
DATE: 3106/12
REGULAR'-` ( )
PUBLIC HEARING (X)
LEG. ( )
QUASI -JD (X)
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Waite QA)
SUBMITTED BY: Planning and Development Services Senior Planner
SUBJECT: Public Facilities and Services — Land Development Code Text Amendment
BACKGROUND: See attached memorandum.
i
i FUNDS AVAILABLE: N/A
PREVIOUS ACTION: February 16, 2012 - Planning and Zoning Commission recommended by a vote of
7-0 that the Board approve Ordinance 12-009.
i
RECOMMENDATION: Board authorization to schedule the second required public hearing for the Public
Facilities and Services Ordinance 12-009 on March 20, 2012 at 9 am, or as soon
thereafter as possible.
COMMISSION ACTION:
( ) APPROVED
OTHER
County Attorney (X)
( ) DENIED
E
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/S ianatu res
County Surveyor
Daniel S. McIntyre
County Engineer (X) MJP ERD
Michael Powley
Dept. OMB
X D t.
Originating ( )
Mark Satterlee
Purchasing ( )
Melissa Simberlund
(X) AW
Ron Harris
(X)
are ith
Marie Gouin
Planning and Development
Services Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mario Satterlee, AICP, Planning and Development Services Direct
Kara Wood, Planning Manager
FROM: Diana Waite, AICP, Senior Planner psi
DATE: March 6, 2012
SUBJECT: Public Facilities and Services — Land Development Code Text Amendment
ITEM NO. VII-E
Background:
The purpose of the proposed text amendment is to incorporate additional public services and facilities
into the Zoning District Use Regulations in Land Development Code (LDC) Section 3.01.01 (D). This
section currently addresses transportation and utility rights -of -way and allows improvements within the
rights -of -way as permitted uses in all zoning districts. The proposed amendment would revise the
section to address all public facilities and services, and add those meeting the definition of Essential
Services to the improvements allowed in all zoning districts. The intent of the ordinance is to meet an
existing need of the St. Lucie County Utilities Division to locate chloramine booster stations on small
lots in Indian River Estates and in meeting that need expand the ability to allow other essential
services in all zoning districts as permitted uses.
Essential Services is herein is defined as:
Public facilities either underground or overhead and related to the transmission or distribution
systems of water, sanitary or storm sewage, cable, gas, electricity, and public safety, including
poles, wires, mains, hydrants, drains, sewer lift stations, pipes, conduits, police or fire call
boxes, warning sirens, traffic signals, electronic signals and other similar equipment necessary
for the furnishing of adequate service, including stormwater retention or detention facilities,
and chlorine injection and potable water booster pump stations.
Draft Ordinance No. 12-009 accomplishes the following:
• Adds Essential Services to the list of definitions in LDC Section 2;
• Amends the zoning district regulations to address non -linear public facilities and services
and allows those meeting the definition of essential services in all zoning districts;
• Allows Essential Service buildings no greater than 300 square feet in all zoning districts and
exempts parcels for these improvements from the lot size, lot width and road frontage
requirements;
• In residential zones requires that . Essential Services with a building be approved by the
Planning & Development Services Director;
a Recognizes all existing public services and facilities as permitted uses; and
Public Facilities and Services
March 6, 2012
Page 2
Adopts the minimum regulations necessary to ensure public services and facilities are =
compatible with their surrounding uses.
This amendment will address the St. Lucie County Utilities Division proposal to purchase and
rezone a 30-foot wide parcel'in Indian River Estates to allow for the installation of a 9 x 30 structure
to house a chloramine booster station. The proposed 30-foot wide lot will not meet the dimensional
requirements of the Utility Zoning District and the improvements do not meet the existing
exemptions for Transportation and Utility Rights of Way.in LDC Section 3.01.0 (D).
The St. Lucie County Land Development Code regulates utility uses by zoning district and new utility
installations will continue to be located within the U (Utilities) Zoning District. Utilities zoning is
compatible with all Future Land Use designations and allowed throughout the County. The types of
public facilities and services proposed to be allowed in all zoning districts are generally support
improvements that facilitate or enhance the provision of the utility or other public service to the
customer.
At the February 16, 2012 public hearing on this matter, the St. Lucie County Planning and Zoning
Commission recommended approval of the proposed ordinance by a vote of 7 to 0. No public
comments were made regarding the ordinance.
During staff discussions on this item, concerns were expressed that the proposed ordinance does
not provide an opportunity for the Board to review an installation that the Planning & Development
Services Director determines should be denied. To remedy this, staff would like the Board to
consider a modification that would require the Board's consideration prior to any denial of an
essential services building as provided for in the ordinance. This would only apply to those
installations in residential areas that include essential service buildings. For example: proposed
changes to LDC Section 3.01.01 D(3) could be revised as follows, the revisions are shown in italics
and strike through type:
3. _Within residential zoned areas essential service facilities with buildings shall require approval by the
Planning & Development Services Director. The Director shall deey forward to the Board of County
Commissioners any facility that is determined to weWd likely create an adverse impact on neighboring
properties The Board of County Commissioners shall approve or deny the facility based upon their
finding of whether or not the facility is likely to create an adverse impact on the surrounding area.
Please note, no changes to the clause in the draft ordinance will occur unless directed by the
Board.
One email expressing concerns with the Draft Ordinance was received and is attached for your
consideration. The email expresses concerns related to the installation of stormwater ponds, which
would not likely include a building.
Staff has reviewed the proposed text amendment and determined that it conforms to the standards
of review as set4orth 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 authorization to schedule the second required public hearing for the Public Facilities and Services
Ordinance 12-009 on March 20, 2012 at 9 am, or as soon thereafter as possible.
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DRAFT ORDINANCE NO. 12-009
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
COMMISSIONERS AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE TO ADD ESSENTIAL SERVICES BY
AMENDING SECTION 2.00.00 DEFINITIONS; AND BY AMENDING
SECTION 3.01.00 ZONING DISTRICT USE REGULATIONS;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT
OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND
AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code and has adopted
amendments to the Land Development Code through certain ordinances.
2. The Board of County Commissioners has determined that coordination with the
transportation and utility service providers for gas, electric, water, wastewater
and stormwater services within the boundaries of unincorporated St. Lucie
County is important.
3. Transportation and utility facilities include uses and improvements that provide
essential and necessary public services that are required by their nature to be
dispersed throughout the service area, often located in residential neighborhoods
and in close proximity to other potentially incompatible uses.
4. The Board of County Commissioners proposes to allow certain public services in
all zoning districts while providing the regulations necessary to ensure
compatibility with the surrounding area.
5. On February 16, 2012, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after publishing
notice in the St. ' Lucie News Tribune at least 10 days prior to the hearing and
recommended that the proposed ordinance be (approved or denied).
6. On March 6, 2012, 2012, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
on February 22, 2012.
Date
Page 1 of 5
Draft Ordinance No.12-009
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7. On , 2012 this Board held its second public hearing on the
proposed ordinance, after publishing a notice of such hearing in the St. Lucie
News Tribune on 12012.
8. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, and objectives of the St. Lucie County
Comprehensive Plan and are in the best interest of the health safety and public
welfare of the citizens: of St. Lucie County, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
The St. Lucie County Land Development Code is hereby amended by deleting the
following words shown in strike -through type and adding the words shown in underlined
type:
.PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE CAUSING THE CODE TO READ AS FOLLOWS:
CHAPTER II DEFINITIONS
2.00.00. DEFINITIONS
Essential services: Public facilities either underground or overhead and related to the
transmission or distribution systems of water, sanitary or storm sewage, cable, gas,
electricity, and public safety, including poles, wires, mains, hydrants, drains, sewer lift
stations, pipes, conduits, police or fire call boxes, warning sirens, traffic signals,
electronic signals and other similar equipment necessary for the furnishing of adequate
service, including stormwater retention or detention facilities, and chloramine infection
and potable water booster pump stations.
CHAPTER III ZONING DISTRICTS
3.00.00. Zoning Districts
3.01.01. Generally
Date
Page 2 of 5
Draft Ordinance No.12-009
= 1 D. _ TDAAI� �Ir1AI AND I ITH ITY RIGHTS OF -WAY SERVICES
Trv„T lv,-.�T,TV�7T
2 AND FACILITIES
3.
4
5 , pavement rails, draiRage and
6 6imilaF equipment and aGGesseries iR GGRneGtien herewith, shall be permitted
7 , with the FesowGe piceteGtion and
8
9 , flood damage
10 preve AtOOR and stermwAter management
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12 Essential services as herein defined shall be permitted in all zoning districts, subject to
13 the compliance with this section. Streets, roads and utility rights -of -way shall be
14 permitted in all zoning districts consistent with all County, State, or Federal rules and
15 regulations. Public services and facilities involving distribution substations, generation
16 plants, treatment plants, or stormwater pumping stations shall be permitted within
17 zoning districts only when specifically listed as permitted or conditional uses. Existing
18 Public Services and Facilities on the effective date of this ordinance shall be considered
19 permitted uses in the zoning district in which they are located and allowed to continue in
20 compliance with this code.
21
22 All essential service parcels shall be exempt from the lot width, lot size and road
23 frontage requirements, but all improvements on the parcels shall meet the setback
24 requirements of the zoning district in which they are located. All improvements shall
25 also comply with all resource protection and development standards for vegetation
26 protection, protection of environmentally sensitive lands, protection of habitat for
27 endangered and threatened species, flood damage prevention and stormwater
28 management.
29
30 Essential services involving buildings shall be permitted upon a demonstration of
31 compliance with all applicable sections of the code, and the provisions below:
32
33 1. The cumulative area of essential services buildings shall not exceed 300 square
34 feet. Essential services involving buildings larger than 300 square feet, or not
35 compliant with this section, shall only be permitted within a zoning district when
36 specially listed as a permitted, conditional or accessory use. Buildings shall be
37 permitted only for enclosure of required infrastructure, for shielding of
38 infrastructure for aesthetic purposes or storage incidental to the essential
39 services use.
40 2. The building shall comply with all applicable resource protection and
41 development design standards, including landscaping and screening
42 requirements. Where necessary, the Planning & Development Services Director
Date Draft Ordinance No.12-009
Page 3 of 5
1 may approve alternative plans for security purposes or to ensure compatibility
2 with the surrounding zoning district and existing uses.
3 3. Within residential zoned areas, essential service facilities with buildings shall
4 require approval by the Planning & Development Services Director. The Director
5 shall deny any facility that would likely create an adverse impact on neighboring
6 properties.
7
8 In the event any of the provisions of this section have the effect of prohibiting the
9 installation of an emergency improvement, the Planning & Development Services
10 Director may grant a waiver of the provisions of this section upon determining that strict
11 application would result in a threat to public safety or welfare.
12
13 Prior to any local certification of consistency for those utility rights -of -way subject to
14 review and approval under Chapter 403, Part II, Florida Statutes, a conditional use
15 review, in accordance with the provisions of Section 11.07.03, shall be required.
16
17 PART B. CONFLICTING PROVISIONS
18
19 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie
20 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this
21 Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
22
23 PART C. SEVERABILITY
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25 If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
26 inoperative or void, such holding shall not affect the remaining portions of this Ordinance.
27 If this Ordinance or any provision thereof shall be held to be inapplicable to any person,
28 property, or circumstances, such holding shall not affect its applicability to any other
29 person, property or circumstances.
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31 PART D. APPLICABILITY OF ORDINANCE.
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33 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
34
35 PART E. CODIFICATION
36
37 It is the intention of the Board of County Commissioners, and it is hereby ordained that
38 the provisions of this Ordinance shall become and be made a part of the Land
39 Development Code of the County of St. Lucie, Florida; that the Sections of this
40 Ordinance may be renumbered or re -lettered to accomplish such intentions; and that
41 the word "Ordinance" shall be changed to "Section" or other appropriate word.
42
Date
Page 4 of 5
Draft Ordinance No.12-009
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PART F. FILING WITH THE DEPARTMENT OF STATE
The Clerk -be and hereby is directed forthwith to send a certified copy of this Ordinance to
the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
PART G. EFFECTIVE DATE
This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the
Department of State.
PART H. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Dzadovsky XXX
Vice Chairman Tod Mowery XXX
Commissioner Chris Craft XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula A. Lewis XXX
PASSED AND DULY ADOPTED this th Day of 12012.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST
Deputy Clerk
Date
cyj
Chairman
APPROVED AS TO FORM
AND CORRECTNESS
Page 5 of 5
County Attorney
Draft Ordinance No.12-009
ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
MARCH 6, 2012
NOTICE OF PROPOSED CHANGE
TO THE TEXT OF THE
ST. LUCIE COUNTY LAND
DEVELOPMENT CODE
The St. Lucie County Board of County Commissioners proposes to
consider the adoption of the following by ordinance:
ORDINANCE NO.12-009
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
COMMISSIONERS AMENDING THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE TO ADD ESSENTIAL SER-
VICES BY AMENDING SECTION 2.00.00 DEFINITIONS;
AND BY AMENDING SECTION 3.01.00 ZONING DISTRICT
USE REGULATIONS; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PRO-
VIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR ADOPTION AND CODIFICATION AND AN
EFFECTIVE DATE
APPLICANT: St. Lucie County
FILE NUMBER: TLDC 1220114368
Purpose: Allow minor public facilities and services as permitted
uses in all zoning districts:
LOCATION: Unincorporated St. Lucie County
The 1st PUBLIC HEARING on this item will be held in the Commis-
sion Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County
Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida
on Tuesday, March 6, 2012 beginning at 6:00 pm or as soon there-
after as possible.
All interested persons will be given an opportunity to be heard. Writ-
ten comments received in advance of the public hearing will also be
considered. Written comments to the Board of County Commission-
ers should be received by the Planning and Development Services
Department - Planning Division at least 3 days prior to the sched-
uled hearing. The petition file is available for review at the Planning
and Development Services Department— Planning offices located at
2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular
business hours. Please call (772)462-2822 or TDD (772)462-1428 if
you have any questions or require additional information about this
petition.
The St. Lucie County Board of County Commissioners has the
power to review and grant any applications within their area of re-
sponsibility.
The proceedings of the Board of County Commissioners are elec-
tronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA
STATUTES, if a person decides to appeal any decision made by
the Board of County Commissioners with respect to any matter con-
sidered 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 testify-
ing during a hearing will be sworn in. Any party to the proceeding will
be granted an opportunity to cross-examine any individual testifying
during a hearing upon request. If it becomes necessary, a public
hearing may be continued from time to time to a date -certain.
Anyone with a disability requiring accommodations 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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/S/ CHRIS DZADOVSKY, CHAIRMAN
PUBLISH DATE: February 22, 2012
Fax - (772) 462-1581
file:///GI/Planning/PROJECT%20FILES/Utility%20Text%20Amendment/Hearing%20Items/Bill%20Hearn's%20Comment.txt
From: Mark Satterlee
Sent: Wednesday, February 22, 2012 4:39 PM
To: Diana Waite
Cc: Kara Wood
Subject: FW: Essential Services P&Z Agenda Item
Diana — please make sure that Bill's comments are included in the packet to the BOCC.
Thanks, Mark
Mark Satterlee, AICP, Director
Planning & Development Services
St Lucie County, Florida
772.462.2822
satterleem@stlucieco.org
From: bnjhearn@aol.com [mailto:bnjhearn@aol.com]
Sent: Wednesday, February 22, 2012 4:25 PM
To: Mark Satterlee
Subject: Re: Essential Services P&Z Agenda Item
Thanks for your reply. An example of an essential service that concerns me is the retention pond
language. We both know that could be a problem in a lot of neighborhoods. Just, please use an
abundance of caution when changing something that effects all zoning districts.
Thanks again,
Bill
-----Original Message -----
From: Mark Satterlee <satterleem@stlucieco.org>
To: 'bnjhearn@aol.com' <bnjhearn@aol.com>
Cc: Faye W. Outlaw <outlawf@stlucieco.org>; Kara Wood <woodk@stlucieco.org>; Daniel McIntyre
<mcintyred@stlucieco.org>; Diana Waite <waited@stlucieco.org>
Sent: Wed, Feb 22, 2012 4:11 pm
Subject: RE: Essential Services P&Z Agenda Item
Bill — Thanks for the comment. I understand your concern with people trying to take advantage of the
language and we hope that we have defined the service well enough that should someone try to have
something unintended approved we can determine it inconsistent and recommend its denial. Also, we
have drafted the ordinance to give the director the opportunity to deny implementation of a service or
have the Board decide on the application if it will have in our opinion unintended impacts or adversely
impact adjacent properties.
We will include your concern and comment in the file and in the packet that goes to the BOCC. I hope this
file:///GI/Planning/PROJECT%20FILES/Utility%20Text%2... endment/Hearing%20Items/Bill%20Hearn's%20Comment.txt (1 of 3)2/27/2012 3:17:11 PM
file:///GIIPlanning/PROJECT%20FILES/Utility%20Text%20Amendment/Hearing%20Items/Bill%20Hearn's%20Comment.txt
helps address your concern.
Thanks, Mark .
Mark Satterlee, AICP, Director
Planning & Development. Services
St Lucie County, Florida
772.462.2822
satterleem@stlucieco.org
From: bnjheam@aol.com [mailto:bnjhearn@aol.com]
Sent: Wednesday, February 22, 2012 4:02 PM
To: Mark Satterlee; Faye W. Outlaw
Subject: Re: Essential Services P&Z Agenda Item
Hi Mark,
Thank you for your response to my suggestion to word the legals so folks outside the planning world can
understand what they are saying and where it affects.
The proposed change (Ordinance No.12-009) to the text of our LDC, while serving a need in SLC, could
in my opinion have unintended consequences. You and I both know some slick attorneys would argue
that their client has an essential service need that, in some instances would be harmful to the adjoining
neighborhood. Then there is always the determination that has to be made as to whether or not it is
harmful. Usually these decisions are made by members of "staff' that don't live in the neighborhood of the
"improvement". I would rather see each case/need be determined on a case by case basis. This
proposed use seems to be acceptable throughout all of SLC, however what might be coming next?
Just my opinion.
Thanks,
Bill
-----Original Message -----
From: Mark Satterlee <satterleem@stlucieco.org>
To: 'bnjhearn@aol.com' <bnjheam@aol.com>
Cc: Kara Wood <woodk@stlucieco.org>
Sent: Wed, Feb 22, 2012 2:00 pm
Subject: Essential Services P&Z Agenda Item
Bill — below is a hyperlink to the P&Z packet material. The BOCC packet has yet to be posted for the
March meeting. However, the item should remain substantially the same. If you have any comments or
suggestions, please do not hesitate to forward them to us.
Right click on the link below and click on "open hyperlink" and it should take you right to the item. If you
file:///GI/Planning/PROJECT%20FILES/Utility%20Text%2... endment/Hearing%20Items/Bill%20Hearn's%20Comment.txt (2 of 3)2/27/2012 3:17:11 PM
file:///GI/Planning/PROJECT%20FILES/Utility%20Text%20Amendment/Hearing%20Items/Bill%20Hearn's%20Comment.txt
have a problem please call either Kara (462-1589) or me (462-1960).
http://documents. stlucieco.gov/weblink7/ElectronicFile.aspx?docid=53013 5&dbid=24
Also, thanks for your comment on the ad — you are right, it isn't very clear and staff is going to work on
developing a simple policy to help make the ads more understandable to the average person in the
future. Thanks for paying attention to such things and don't hesitate to send your ideas our way.
Hope all is well,
Mark
Mark Satterlee, AICP, Director
Planning & Development Services
St Lucie County, Florida
772.462.2822
satterleem@stlucieco.org
Please Note: Florida has very broad public records laws. Most written communications to or from County
officials regarding County business are public records available to the public and media upon request. It
is the policy of St. Lucie County that all County records shall be open for personal inspection, examination
and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption
applies to the communication. If you received this email in error, please notify the sender by reply e-mail
and delete all materials from all computers.
file:///GI/Planning/PROJECT%20FILES/Utility%20Text%2... endment/Hearing%20Items/Bill%20Heam's%20Comment.txt (3 of 3)2/27/2012 3:17:11 PM
file:///HI/My / 20Documents/RE%20Lega1%20NoticesPublic%20Hearings.txt
From: Mark Satterlee
Sent: Wednesday, February 22, 2012 1:34 PM
To: Faye W. Outlaw
Cc: Daniel McIntyre; Kara Wood; Britton.De-Witt; Diana Waite; Jeffrey
Johnson; Linda Pendarvis; Kristin Tetsworth
Subject: RE: Legal Notices/Public Hearings
Ms. Outlaw — I looked at the ad and it's the upcoming LDC text amendment to add "essential services"
as a permitted use in all zoning districts. Essential services are small utility -related services or facilities
that help the County or other utility provide service on small parcels of land that would not meet the
size requirements for Utility zoning. The specific situation that generated the change involves our utility
wanting to site small chloromine booster stations on small lots in several residential neighborhoods.
Kara and I both reviewed the ad while it meets the technical requirements for notice we agree with Mr.
Hearn that the description could be more complete. As such, staff is going to work out a simple policy to
insure that future ads provide a little better insight to what is being proposed. I will call Mr. Hearn and
thank him for bringing this to our attention.
Let me know if you need anything further.
Mark Satterlee, AICP, Director
Planning & Development Services
St Lucie County, Florida
772.462.2822
satterleem@stlucieco.org
From: Mark Satterlee
Sent: Wednesday, February 22, 2012 11:53 AM
To: Faye W. Outlaw
Cc: Daniel McIntyre; Kara Wood; Britton De Witt
Subject: RE: Legal Notices/Public Hearings
Ms. Outlaw — Thanks for forwarding Mr. Hearn's concern. We will certainly take a look and see if our
descriptions can be more complete. I'll take a look at the specific notice and get back to him.
Mark Satterlee, AICP, Director
Planning & Development Services
St Lucie County, Florida
172.462.2822
satterleem@stlucieco.org
From: Faye W. Outlaw
Sent: Wednesday, February 22, 2012 11:50 AM
To: Mark Satterlee
Cc: Daniel McIntyre
Subject: FW: Legal Notices/Public Hearings
Mark:
See the below email from Mr. Hearn. Please advise.
Faye W. Outlaw, MPA
County Administrator
St. Lucie County BOCC
2300 Virginia Avenue
Fort Pierce, FL 34982
file:///HI/My%20Documents/RE%20Legal%20NoticesPublic%20Hearings.txt (1 of 2)2/28/2012 9:51:29 AM
file:///HI/My%20Documents/RE°/ 20Lega1%20NoticesPublic%20Hearings.txt
772-462-1592
772-462-1648 Fax
outlawf@stlucieco.org
From: bnjheam@aol.com [mailto:bnjheam@aol.com]
Sent: Wednesday, February 22, 2012 11:21 AM
To: Faye W. Outlaw
Subject: Legal Notices/Public Hearings
Good morning Ms Outlaw,
In today's Tribune there is a Notice of Proposed Change to the Text of the SLC Land Development Code.
As has been the case in almost all legal notices published by SLC in our local newspaper, this one
doesn't fully explain what the county is proposing, in language that the general public can understand.
Folks that reside in SLC, but don't generally stay informed with the goings on in our Planning Department,
should, in my opinion, be able to read the published legals and get a clear understanding of what is being
proposed without calling to get further information. I don't think this would be hard to do, but maybe I am
being unrealistic.
Please, maybe bring this up with the folks writing these legal publications and see if my concern has any
validity.
Thank you,
Bill Hearn
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business
are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for
personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption
applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all
computers.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business
are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for
personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption
applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all
computers.
file:///HI/My%20Documents/RE%20Lega1%20NoticesPublic%20Hearings.txt (2 of 2)2/28/2012 9:51:29 AM
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St. Lucie County
Planning and Zoning Commission/ Local Planning Agency
Roger Poitras Annex, Commission Chambers, 3`d Floor
February 16, 2012 Meeting
. 6:00 P.M.
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 Morgan called the meeting to order at 6:00 p.m
A. Pledge of Allegiance
B. Roll Call
Stephanie Morgan ............................ Chair
Craig Mundt... Vick Chair
t'thy l gwnsend C r�tmssion Me
d tai ounds k, � r . � ,� C� ixfir fission Me
Charle�e� ... '� F� ......... omm��sion Me
Britt Re his, .tm��ssion Me
William 'Dell .b' ............. ssion Me
Daniel Reissen
x iz omm sign Memberm ezc`
used
Brad Culerous �� CQmistion Member (excused
Marty Sancrs ...... f, r. , • • • • "ember
Staff Present
mark S tterlee.
h
.......... �y�:.
Director, 4�
Kara�1%Vood........g.............
Planning Imager „
Heather Young
.....................................
Assistant County Attorney
Britton DeWitt .......................................
Senior Planner
Diana Waite ..........................................
Senior Planner
Beverly Austin
......................................
Recording Secretary
C. Announcements
Chair Morgan asked the commission to wait to be recognized when speaking; this assists
the recording secretary with transcription.
D. Disclosure
Mr. O'Dell stated that he and Howard Fein of Treasure Coast RV are fellow members of the
Republican Executive Committee (RAC).
Ms. Young, assistant county attorney stated Mr. O'Dell spoke with her about agenda items A
& B, and since he does not have a business relationship with Mr. Fein, he can vote on.the
agenda items.
DRAFT Page 4 of 5
Chair Morgan opened the public hearing.
No one spoke.
Chair Morgan closed the public hearing.
Vice Chair Mundt stated after considering the testimony, presented during the public
hearing including staff comments. 1 hereby move that the Planning & Zoning
Commission of St. Lucie County recommend that the St. Lucie BOCC approve the
petition for Fine Realty Corp for a change in zoning from RMH-6 to RVP because the
proposed rezoning to RVP in this area is consistent with the St. Lucie County
Comprehensive Plan and the Land Development Code, the subject property is located
in a commercial corridor with high transportation access conducive for transit
ridership and is contiguous to larger commercial use parcels.
Ms. Townsend seconded the motion.
The roll was called:
Chair Morgan
Yes Mr. Reynolds Yes
Vice Chair Mundt
Yes Ms. Townsend Yes
Mr. Lounds
Yes Mr. Grande Yes
Mr. O'Dell
Yes
The motion was carried
unanimously.
C. Utility Amendment: TLDC 1220114368 — Petition of St. Lucie County Board of County
Commissioners, through Ordinance 12-009, amending the St. Lucie County Land
Development.Code to add essential services by amending Section 2.00.00 definitions;
and by amending Section 3.01.00 Zoning District Use Regulation to allow minor public
facilities and services as permitted uses in all zoning districts. Staff comments and
presentation by Diana Waite.
Diana Waite, Senior Planner presenting staff comments for a county initiated land
development code text amendment for Public Facilities and Services. This item is a public
hearing and has been advertised in the Fort Pierce tribune. The purpose and intent of the
ordinance is to allow public improvements, to be defined as "Essential Services" as
permitted uses in all zoning districts. The amendment was initiated to address an immediate
need of the St. Lucie County Utilities Division to install a Chloramine booster station on a
small lot in Indian River Estates to provide water quality improvements and cost savings to
an existing MSBU. To meet existing needs and allow for future public improvements, the
ordinance expands an existing section of the zoning code that currently allows certain linear
facilities as permitted uses in all zoning districts. Improvements meeting the definition of
essential services will be recognized as permitted uses in all zoning districts, subject to
specified standards.
The Essential Services definition includes support facilities that provide or enhance public
services to residents and are required to be located in all neighborhoods, such as lift
stations, stormwater ponds, fire hydrants and the proposed booster station. The definition is
based upon the City of Port St. Lucie's definition for Essential Services, with the addition of
stormwater ponds, booster stations, and small buildings to address County needs.
The proposed ordinance allows small essential service buildings for the purpose of
screening an improvement or the storage of materials, subject to specified standards
including:
• Building shall be no larger than 300 square feet in size;
Planning and Zoning Commission February 16, 2012
Minutes
DRAFT Page 5 of 5
202 0 Buildings shall comply with the development design standards and landscaping
203 and screening requirements, with provisions for alternative plans to:address
204 security or ensure compatibility with surrounding uses.
205 • In residential zones, all proposed buildings are required to be reviewed and
206 approved by the Planning and Development Services Director, and denied if the
207 building would negatively affect surrounding residents.
208
209 Buildings not meeting the size criteria and standards for essential services would only be
210 allowed when listed as a permitted, conditional or accessory use in the zoning district
211 regulations.
212
213 In reviewing this petition staff has found that the proposed amendment is consistent with the
214 St. Lucie County Comprehensive Plan and meets the standards of review set forth in Section
215 11.06.03 of the County's Land Development Code. Staff recommends a recommendation of
216 approval be forwarded to the Board of County Commissioners for Ordinance 12-009.
217
218 There was a discussion regarding the residential to non-residential fencing requirements.
219
220 Chair Morgan opened the public hearing.
221 No one spoke.
222 Chair Morgan closed the public hearing.
223
224 Mr. Grande stated after considering the testimony presented during the public hearing
225 including staff comments and the standards of review as set forth in Section 11.06.03,
226 St. Lucie County Land Development Code, I hereby move that the Planning & Zoning
227 Commission recommend that the St. Lucie County BOCC grant approval of Ordinance
228 No. 12-009, Public Services & Facilities test amendment because it addresses the
229 need for infrastructure updating through the county.
230 Ms. Townsend seconded the motion.
231
232 The roll was called:
233 Chair Morgan Yes Mr. Reynolds Yes
234 Vice Chair Mundt Yes Ms. Townsend Yes
235 Mr. Lounds Yes Mr. Grande Yes
236 Mr. O'Dell Yes
237 The motion was carried unanimously.
238
239 IV. OTHER BUSINESS
240 None
241
242 V. ADJOURN
243
244 There being no further business, the meeting adjourned at 6:26pm.
Planning and Zoning Commission February 16, 2012
Minutes
AGENDA REQUEST
ITEM NO. III-C
DATE: 02/16/2012
REGULAR ()
PUBLIC HEARING (X)
LEG. (X)
QUASI -JD ()
CONSENT Q
TO: PLANNING AND ZONING COMMISSION PRESENTED BY:
Diana Waite, AICPW
SUBMITTED BY: Planning and Development Services Senior Planner
Department — Planning Division
SUBJECT: Ordinance No. 12-009 - Public Facilities and Services Text Amendment
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: December 6, 2011 - Board of County Commissioners authorized advertising
amendment related to minor utility structures.
RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for
Ordinance No. 12-009.
COORDINATIONISIGNATURES
'County Attorney ( X) 0 0o-0%
Darne S. McIntyre
1j,, UV- ywK's
County Engineer ( )
Originating Dept. (X )
Purchasing ( )
Michael Po�wley
`-7�iY/
Mark Safterlee
Melissa Simberlund
County Surveyor (X) �he
Ron Harris
ERD (X)
Karen Smith
OMB ( )
Marie Gouin
Planning and Development Services
Planning Division
MEMORANDUM
TO: Planning and ZoningCommission,
THROUGH: Mark Satterlee, AICP, Directo
Kara Wood, Planning Manager l
FROM: Diana Waite, AICP, Senior Planner
DATE: February 16, 2012
SUBJECT: Ordinance No. 12-009 - Public Facilities and Services Text Amendment
ITEM NO. III-C
The purpose of the proposed text amendment is to incorporate additional public services and facilities
into the Zoning District Use Regulations in Land Development Code (LDC) Section 3.01.01 (D). This
section currently addresses transportation and utility rights -of -way and allows improvements within the
rights -of -way as permitted uses in all zoning districts. The proposed amendment would revise the
section to address all public facilities and services, and add those meeting the definition of Essential
Services to the improvements allowed in all zoning districts. The intent of the ordinance is to meet an
existing need of the St. Lucie County Utilities Division to locate chloramine booster stations on small
lots in Indian River .Estates and in meeting that need expand the ability to allow other essential
services in all zoning districts as permitted uses.
The proposed definition of Essential Services and description of Public Facilities and Services are
based upon the City of Port St. Lucie's regulations, but modified to allow the proposed booster station,
retention and detention ponds and small buildings. Overall, the proposed ordinance is less restrictive
than either the City of Port St. Lucie or the City of Fort Pierce, but standards are proposed to ensure
compatibility and to allow denial of an essential service building in a residential area if it is likely to
create an adverse impact on surrounding lands.
Essential Services is herein is defined as:
Public facilities either underground or overhead and related to the transmission or distribution
systems of water, sanitary or storm sewage, cable, gas, electricity, and public safety, including
poles, wires, mains, hydrants, drains, sewer lift stations, pipes, conduits, police or fire call
boxes, warning sirens, traffic signals, electronic signals and other similar equipment necessary
for the furnishing of adequate service, including stormwater retention or detention facilities,
and chlorine injection and potable water booster pump stations.
Draft Ordinance No. 12-009 accomplishes the following:
• Adds Essential Services to the list of definitions in LDC Section 2;
• Amends the zoning district regulations to address non -linear public facilities and services
and allows those meeting the definition of essential services in all zoning districts;
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 2
• Allows Essential Service buildings no greater than 300 square feet in all zoning districts and
exempts parcels for these improvements from the lot size, lot width and road frontage
requirements;
• In residential zones requires that Essential Services with a building be approved by the
Planning & Development Services Director;
• Recognizes all existing public services and facilities as permitted uses; and
• Adopts the minimum regulations necessary to ensure public services and facilities are
compatible with their surrounding uses.
In making any change to the text of the code, consideration must be given to how it would affect the
entire County and not any one location. In reviewing the proposed amendment, staff has considered
the application of the proposed booster station as a permitted use in all zoning districts. Based upon
our review and discussions with Public Works and Utility staff, most of the improvements defined as
Essential Services would be only slightly larger, than lift stations that are now typically sited under the
provisions for facilities in rights -of -way. Those public services and facilities involving buildings that do
not meet the essential services criteria, including distribution substations, generation plants, treatment
plants, or stormwater-pumping stations, will be allowed only when specifically listed as a permitted or
conditional use in the zoning district in which it is located. These types of uses are limited to the
Utilities Zoning District, with the exception of gas storage & distribution in Industrial Heavy Zoning and
solar generation stations in agricultural zoning. The intent of this ordinance is to allow by right those
improvements that facilitate or. improve public services and can be compatible with all uses. The
amendment is expected to reduce time, cost and uncertainty in locating some small public
improvements.
BACKGROUND INFORMATION:
This amendment was initiated to address the St. Lucie County Utilities Division proposal to
purchase and rezone a 30-foot wide parcel in Indian River Estates to allow for the installation of a 9
x 30 structure to house a chloramine booster station. The proposed 30-foot wide lot will not meet
the dimensional requirements of the Utility Zoning District and the improvements do not meet the
existing exemptions for Transportation and Utility Rights of Way in LDC Section 3.01.0 (D). Upon
consultation with the County Attorney, Utilities Division and Planning & Development Services staff
determined there was a need to amend the code to accommodate the proposed use and similar
support facilities.
The St. Lucie County Land Development Code regulates utility uses by zoning district and new utility
installations will continue to be located within the U (Utilities) Zoning District. Utilities zoning is
compatible with all Future Land Use designations and allowed throughout the County. The types of
public facilities and services proposed to be allowed in all zoning districts are generally support
improvements that facilitate or enhance the provision of the utility or other public service to the
customer.
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for the proposed amendment, the Board of County Commissioners shall
consider and make the following determinations:
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 3
A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
Staff has determined the proposed text amendment is consistent with the general purpose, goals,
objectives, and standards of this Code, the Comprehensive Plan, and the Code and Compiled Laws
of St. Lucie County. The amendment will not be in conflict with the St. Lucie County Land
Development Code (LDC) and has met the standards of review in LDC Section 11.06.03.
The County currently only allows linear type transportation and utility services in rights -of -way in all
zoning districts. Those facilities and improvements not meeting that description are only allowed
under specific zoning district regulations as permitted or conditional uses. Most utility facilities are
located in the Utilities Zoning District. Currently, a limited number of facilities are allowed in
agricultural and industrial zoning, or may be located within planned development zoning districts. The
proposed ordinance will not change the requirements for the principle or major facilities, but rather
allow supporting public facilities and improvements that are required to be located throughout all
service areas by right in all districts, upon meeting specified criteria. This would allow certain small
utility improvements meeting the definition of essential services to be located in all zoning districts,
rather than require a change in zoning.
The following types of essential services would only be allowed upon meeting the following criteria:
Essential services involving above ground installations that are necessary to support a legally
established use and involves a building shall be permitted upon a demonstration of compliance with
all applicable sections of the code, and the provisions below:
1. The cumulative area of essential services buildings must be no greater than 300 square feet.
Essential services involving improvements or buildings larger than 300 square feet, or not
compliant with this section, shall only be permitted within a zoning district when specially listed
as a permitted, conditional or accessory use. Buildings shall be permitted only for enclosure of
required infrastructure, for shielding of infrastructure for aesthetic purposes or storage
incidental to the essential services use.
2. All essential service parcels and improvements must meet the setback requirements of the
zoning district in which they are located; lot width, lot size and road frontage are not required
to be met.
3. The improvement shall comply with all applicable resource protection and development design
standards, including landscaping and screening requirements. Where necessary increased
setbacks, screening, and buffering around the improvement may be required to ensure
compatibility with the surrounding zoning district and built environment. All mechanical
equipment shall be screened from property zoned residential and public roadways.
4. Within residential zones, essential service facilities with buildings shall require approval by the
Planning & Development Services Director. The Director shall deny any facility that would
create an adverse impact on neighboring properties.
5. In the event any of the provisions of this section have the effect of prohibiting the installation of
an emergency improvement, the Planning & Development Services Director may grant a
waiver of the provisions of this section upon determining that strict application of the Code
would result in a threat to public safety or welfare.
The following table provides a list of the zoning districts where specific utility uses are allowed as
permitted or conditional uses under existing regulations. Other public services, including all
administrative services, and police, fire and health services are allowed under the County's
Institutional Zoning District.
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 4
Zoning Districts that Allow
Utility Uses
Zoning District
Permitted Use
Conditional Use
Accessory Use
AG-5 (Agricultural —
• Industrial wastewater
1du/5 acres
disposal
• Sewage disposal
• Telecommunication
towers
• Solar generation station
AG-2.5 (Agricultural
Industrial wastewater
- 1du/2.5 acres)
disposal
• Sewage disposal
• Telecommunication
towers
• Solar generation station
AG-1 (Agricultural —
Industrial wastewater
1 du/ac)
disposal
• Sewage disposal
• Telecommunication
towers
• Solar generation station
AR-1 (Agricultural,
0 Industrial wastewater
Residential — 1
disposal
du/ac)
• Telecommunication
towers
I (Institutional)
• Telecommunication
Towers
IL (Industrial, Light)
Communication,
• Co -generation
including towers
facilities
• Industrial
wastewater
disposal
IH (Industrial,
• Communication,
Natural or manufactured
• -Co-generation
Heavy)
including tower
Gas storage &
facilities
distribution points
• Industrial
wastewater
disposal
U (Utilities)
• All except those
• Electric and Gas
listed as
Generation Plants
conditional uses
• Solar generation station
• Natural or manufactured
Gas storage &
distribution points
0 Solid waste disposal
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 5
B. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The proposed text amendment is not in conflict with any element of the St. Lucie County
Comprehensive Plan and will further the County's land use and economic development directives by
expanding the number of public service improvements permitted in all zoning districts. All Future
Land Use designations are compatible with the I (Institutional) and U (Utilities) Zoning Districts that
allow public facilities and services.
The proposed text amendment specifically furthers the following St. Lucie County Comprehensive
Plan directives.
Future Land Use. Objective 1.1.5: In coordination with other elements of this plan, future
development within the Urban Service Area shall be directed to areas where urban and
community services/facilities can be provided in the most efficient and compact manner so
as to discourage the proliferation of urban sprawl.
Infrastructure Goal 6A.1: The County shall provide needed public utilities in a manner
which provides the most effective, environmentally sound, safe and economic potable
systems and promotes orderly, compact urban growth.
Infrastructure Goal 6D.1: The County shall provide needed public utilities in a manner
which provides the most effective, environmentally sound, safe and economic waste water
treatment system and promotes orderly, compact urban growth.
Economic Development Element Goal 12.5: Promote patterns of development that allow
public services and facilities to be provided more cost-effectively.
The proposed definitions and regulations will allow the support facilities to be located where most
beneficial to the utility provider and users of the service. These areas are often in residential
neighborhoods where the utility provider may want to obtain small strips of land that do not meet the
minimum dimensional requirements of the zoning district in which they are located, such as the
currently proposed booster station and building.
The amendment would exempt parcels for essential services from the lot size,. lot width, and road
frontage requirements of the zoning district to allow for the purchase and use of smaller parcels. The
setbacks from the property line must still be met, as well as all landscaping, resource protection.
standards and site design standards. Alternative designs or additional buffering may be approved
where needed to ensure compatibility with surrounding uses or to meet required security measures. In
residential areas, an essential services building can be denied if not compatible with the surrounding
uses.
C. Whether and the extent to which the proposed amendment is inconsistent with the existing
and proposed land uses;
The proposed text amendment is not inconsistent with the existing and proposed land uses. Public
services and utilities are currently allowed under all land use classifications. The proposed
amendment would only allow support facilities that service the surrounding areas to be located upon
meeting specified criteria and demonstration of compatibility with surrounding uses. Those public
services with buildings that do not meet the criteria for essential services would require rezoning to
utilities or another zoning district that allowed the building as a permitted or conditional use.
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 6
D. Whether there have been changed conditions that require an amendment;
The St. Lucie County Utilities Division has identified a 30-foot wide parcel for the inclusion of the first
of four proposed chloramine booster systems to be located within Indian River Estates. The systems
will provide water quality improvements and cost reductions to the residents using the water service.
Although the booster station is relatively small, a building will be used to house the improvement and
store materials. Under the current code a change in zoning to Utilities, which requires a one -acre
parcel, would be required to locate the building. With adequate screening and setbacks, the proposed
system and similar future utility systems in other areas can be compatible with the surrounding
residential uses and result in reduced costs and improved service.
The proposed ordinance draws from the City of Port St. Lucie and other communities that allow
certain public services and utility facilities in all zoning districts. The primary exception is that the
County's ordinance would allow some buildings. The proposed ordinance will allow small buildings
upon review and approval by the Planning & Development Services Director. Buildings would be
limited to 300 square feet.
E. 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 proposed amendment does not approve any specific development but rather recognizes essential
public services as permitted uses in all zoning districts. These type of support facilities would not
result in additional demands on public facilities, but rather improve existing public services.
F. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment;
The proposed text amendment would not result in adverse impacts on the natural environment. The
proposed text amendment is not expected to increase development pressures on natural areas and
does not modify or exempt improvements from any of the County's natural resource protection
standards.
G. Whether and the extent to which the proposed amendment would adversely affect the
property values in the area;
The proposed amendment is not expected to adversely affect property values. The provision of public
facilities and services are improvements that typically enhance the property.
H. 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 text amendment will result in an orderly and logical development pattern. Only buildings
meeting the definition and criteria for essential services would be allowed. The amendment also
allows for the denial of an essential service facility with a building when it would likely cause adverse
impacts to neighboring property in a residential area. Other new public service and facility buildings
are only allowed when listed as a permitted or conditional use in the zoning district in which they are
located.
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 7
I. 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. The proposed amendment will allow
public services and improvements that are required to support developments within all zoning
districts, while providing adequate protection standards to ensure compatibility.
SUMMARY
The proposed text amendment will expand the type of public facilities and services that may be
located in all zoning districts, including small buildings no greater than 300 square feet in size. All
improvements will continue to require . compliance with all applicable code provisions, unless
exempted in the ordinance or elsewhere in the code. The majority of new public structures and
buildings will continue to only be allowed within zoning districts where the use is listed as a permitted
or conditional use. Most will require a change of zoning to the County's Utilities or Institutional Zoning
Districts.
RECOMMENDATION
Staff recommends the Planning and Zoning Commission forward a recommendation of approval to
the Board of County Commissioners for Ordinance No.12-009.
Public Facilities and Services
TLDC-1220114368
February 16, 2012
Page 8
SUGGESTED MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT
THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL OF ORDINANCE NO. 12-009,
PUBLIC SERVICES AND FACILITIES TEXT AMENDMENT, BECAUSE...
[LIST CONDITION(S)]
SUGGESTED MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT
THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS DENY ORDINANCE NO. 12-009, PUBLIC SERVICES.
AND FACILITIES TEXT AMENDMENT BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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DRAFT ORDINANCE NO. 12-009
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
COMMISSIONERS AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE TO ADD ESSENTIAL SERVICES BY
AMENDING SECTION 2.00.00 DEFINITIONS; AND BY AMENDING
SECTION 3.01.00 ZONING DISTRICT USE REGULATIONS;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT
OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND
AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has.
made the following determinations:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code and has adopted
amendments to the Land Development Code through certain ordinances.
2. The Board of County Commissioners has determined that coordination with the
transportation and utility service providers for gas, electric, water, wastewater
and stormwater services within the boundaries of unincorporated St. Lucie
County is important.
3. Transportation and utility facilities include uses and improvements that provide
essential and necessary public services that are required by their nature to be
dispersed throughout the service area, often located in residential neighborhoods
and in close proximity to other potentially incompatible uses.
4. The Board of County Commissioners proposes to allow certain public services in
all zoning districts while providing the regulations necessary to ensure
compatibility with the surrounding area.
5. On February 16, 2012, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after publishing
notice in the St. Lucie News Tribune at least 10 days prior to the hearing and
recommended that the proposed ordinance be (approved or denied).
6. On , 2012, t
ordinance, after publishing a
on , 2012.
Date
its Board held its first public hearing on the proposed
notice of such hearing in the St. Lucie News Tribune
Page 1 of 5
Draft Ordinance No.12-009
1 7. On , 2012 this Board held its second public hearing on the
2 proposed ordinance, after publishing a notice of such hearing in the St. Lucie
3 News Tribune on ,2012.
4
5 8. The proposed amendments to the St. Lucie County Land Development Code are
6 consistent with the general purpose, goals, and objectives of the St. Lucie County
7 Comprehensive Plan and are in the best interest of the health safety and public
8 welfare of the citizens of St. Lucie County, Florida.
9
10 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
11 St. Lucie County, Florida:
12
13 The St. Lucie County Land Development Code is hereby amended by deleting the
14 following words shown in strike -through type and adding the words shown in underlined
15 type:
16
17 PART A.
18
19 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
20 CODE CAUSING THE CODE TO READ AS FOLLOWS:
21
22 CHAPTER II DEFINITIONS
23
24 2.00.00. DEFINITIONS
25
26 Essential services: Public facilities either underground or overhead and related to the
27 transmission or distribution systems of water, sanitary or storm sewage, cable, gas,
28 electricity, and public safety, including poles, wires, mains, hydrants, drains, sewer lift
29 stations, pipes, conduits, police or fire call boxes, warning sirens, traffic signals,
30 electronic signals and other similar equipment necessary for the furnishing of adequate
31 service, including stormwater retention or detention facilities, and chloramine infection
32 and potable water booster pump stations.
33
34 CHAPTER III ZONING DISTRICTS
35
36 3.00.00. Zoning Districts
37
38 3.01.01. Generally
39
Date Draft Ordinance No.12-009
Page 2of5
1 1 D. TRANSPORTATION A,"�UTIILITY. RIGHTS nF WAY PUBLIC SERVICES
2 AND FACILITIES
3
4 ,
5 e.g. pipes, peter, !ones, wires, sees, Genduits, pavement rails, dFa;nage and
6 , shall be permitted
7 , as appliGable, With the rP_G0UFGe proter-tion and
8 ,
ttion of environmentally sensiflup-
9 i
10 prevention and stormwater management
11
12 Essential services as herein defined shall be permitted in all zoning districts, subject to
13 the _compliance with this section. Streets, roads and utility rights -of -way shall be
14 permitted in all zoninq districts "consistent with all County, State, or Federal rules and
15 regulations. Public services and facilities involving distribution substations, generation
16 plants, treatment plants, or stormwater pumping stations shall be permitted within
17 zoning districts only when specifically listed as permitted or conditional uses. Existing
18 Public Services and Facilities on the effective date of this ordinance shall be considered
19 permitted uses in the zoning district in which they are located and allowed to continue in
20 compliance with this code.
21
22 All essential service parcels shall be exempt from the lot width, lot size and road
23 frontage requirements, but all improvements on the parcels shall meet the setback
24 requirements of the zoning district in which they are located. All improvements shall
25 also comply with all resource protection and development standards for vegetation
26 protection, protection of environmentally sensitive lands, protection of habitat for
27 endangered and threatened species, flood damage prevention and stormwater
28 management.
29
30 Essential services involving buildings shall be permitted upon a demonstration of
31 compliance with all applicable sections of the code, and the provisions below:
32
33 1. The cumulative area of essential services buildings shall not exceed 300 square
34 feet. Essential services involving buildings larger than 300 square feet, or not
35 compliant with this section, shall only be permitted within a zoning district when
36 specially listed as a. permitted, conditional or accessory use. Buildings shall be
37 permitted only for enclosure of required infrastructure, for shielding of
38 infrastructure for aesthetic purposes or storage. incidental to the essential
39 services use.
40 2. The building shall comply with all applicable resource protection and
41 development design standards, including landscaping and screening
42 requirements. Where necessary, the Planning & Development Services Director
Date
Page 3 of 5
Draft Ordinance No.12-009
1 may approve alternative plans for security purposes or to ensure compatibility
2 with the surrounding zoning district and existing uses.
3 3. Within residential zoned areas, essential service facilities with buildings shall
4 require approval by the Planning & Development Services Director. The Director
5 shall deny any facility that would likely create an adverse impact on neighboring
6 properties.
7
8 In the event any of the provisions of this section have the effect of prohibiting the
9 installation of an emergency improvement, the Planning & Development Services
10 Director may grant a waiver of the provisions of this section upon determining that strict
11 application would result in a threat to public safety or welfare.
12
13 Prior to any local certification of consistency for those utility rights -of -way subject to
14 review and approval under Chapter 403, Part II, Florida Statutes, a conditional use
15 review, in accordance with the provisions of Section 11.07.03, shall be required.
16
17 PART B. CONFLICTING PROVISIONS
18
19 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie
20 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this
21 Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
22
23 PART C. SEVERABILITY
24
25 If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
26 inoperative or void, such holding shall not affect the remaining portions of this Ordinance.
27 If this Ordinance or any provision thereof shall be held to be inapplicable to any person,
28 property, or circumstances, such holding shall not affect its applicability to any other
29 person, property or circumstances.
30
31 PART D. APPLICABILITY OF ORDINANCE.
32
33 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
34
35 PART E. CODIFICATION
36
37 It is the intention of the Board of County Commissioners, and it is hereby ordained that
38 the provisions of this Ordinance shall. become and be made a part of the Land
39 Development Code of the County of St. Lucie, . Florida; that the Sections of this
40 Ordinance may be renumbered or re -lettered to accomplish such intentions; and that
41 the word "Ordinance" shall be changed to "Section" or other appropriate word.
42
Date
Page 4 of 5
Draft Ordinance No.12-009
1 PART F. FILING WITH THE DEPARTMENT OF STATE
2
3 The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to
4 the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
5
6 PART G. EFFECTIVE DATE
7
8 This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the
9 Department of State.
10
11 PART H. ADOPTION
12
13 After motion and second, the vote on this ordinance was as follows:
14
15 Chairman Chris Dzadovsky XXX
16
17 Vice Chairman Tod Mowery XXX
18
19 Commissioner Chris Craft XXX
20
21 Commissioner Frannie Hutchinson XXX
22
23 Commissioner Paula A. Lewis XXX
24
25
26 PASSED AND DULY ADOPTED this th Day of , 2012.
27
28 BOARD OF COUNTY COMMISSIONERS
29 ST. LUCIE COUNTY, FLORIDA
30
31
32 BY
33 Chairman
34
35
36 . ATTEST APPROVED AS TO FORM
37 AND CORRECTNESS
38
39
40
41 Deputy Clerk County Attorney
42
Date Draft Ordinance No.12-009
Page 5 of 5
ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION PUBLIC
HEARING AGENDA
FEBRUARY 16, 2012
PROPOSED AMENDMENT TO THE
TEXT OF THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE
The St. Lucie County Planning and Zoning Commission
is scheduled to review and make recommendations
regarding the following item petitioned for
adoption by the Board of County Commissioners of
St. Lucie County, Florida, by ordinance:
ORDINANCE NO.12-009
AN ORDINANCE OF THE ST. LUCiE BOARD OF COUNTY
COMMISSIONERS AMENDING THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE TO ADD ESSENTIAL
SERVICES BY AMENDING SECTION 2.00.00 DEFINITIONS;
AND BY AMENDING SECTION 3.01.00 ZONING DISTRICT
USE REGULATIONS; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR ADOPTION AND CODIFICATION
AND AN EFFECTIVE DATE
APPLICANT: St. Lucie County
FILE NUMBER: TLDC 1220114368
PURPOSE: Allow minor public facilities and services as
permitted uses in all zoning districts.
LOCATION: Unincorporated St. Lucie County
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, February 16, 2012 beginning at 6:00 pm or as soon
thereafter as possible.
All interested persons will be given an opportunity to be heard.
Written comments received in advance of the public hearing
will also be considered. Written comments to the 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 — Planning Offices located at 2300 Virginia
Avenue, 2nd Floor, Fort Pierce, Florida, during regular business
hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you
have any questions or require additional Information about this
petition.
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.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
STEPHANIE MORGAN, CHAIRMAN
PUBLISH DATE: February 1, 2012