Law Offices 311 South Second Street Suite 200 FortPierce, FL34950 NEILL GRIFFIN MARQUIS OSKING, PLLC Richard V.Neill (1934-2023) RichardV.Nell..** Renéel Marquis-Abrams Ianl Eielson Osking Brandon! M. Hale Matthew C.L London Mailing Address: Post Office Box 1270 FortPierce, FL34954-1270 Telephone: (772) 464-8200 Fax: (772)464-2566 *Board Certified Wills, Trusts, and) Estates Lawyer Certified Circuit Civil/County CourtN Mediator + Board CertifiedCiviTriall Lawyer January 15, 2025 Mayor William G. Thiess 2512 Lightlewood Lane Fort Pierce, Florida 34946 Ms. Ingrid M. Van Hekken 304. Anchor' Way Fort Pierce, FL 34946 Ms. Lisa K. Price 2601 N. Indian River Drive, Apt 1 Fort Pierce, FL 34946 Mr. Dale Reed 2811 North Indian River Drive Fort Pierce, FL 34946 Mr.. John Langel 2511 North Indian River Drive Fort Pierce, FL 34946 RE: Town of St. Lucie' Village - January meeting Mayor Thiess and Board Members: Please accept thei following as our attorney's report fort the December 17th meeting. 1. 4130NUS1 (County Cove MHP) - Discussion of Annexation. It was suggested that this matter be agendaed to discuss responding to the inquiry. My related emails to Mr. Mowery 2. Dscusson/Appontment of Alderman for Vacant Position. The circulated notice is enclosed. So far as I know, no one has expressed any interest in the filling this position (the 3. Phase ISewer Special Meeting. Aspecial meeting needs to be scheduled regarding the Phase Sewer project. Related email and a draft letter from Bill are enclosed for your 4. Tide Valve Proposal. Bill's email and a proposal are enclosed. There may be related are enclosed. term expires in May 2025). information. discussion or a proposal for a berm at River Prado Mayor and Board of Aldermen Page 2 December 11, 2024 5. Informational items. The following are for your information and will only carry forward inr my report if they remain pending for my further attention/nyolvement. . School Boundary. We have coordinated and set a meeting before month end to discuss this matter with the Houstons and the surveyor. ii. Zoning queries. None. iii. Lien queries. We've had a recent query about 3621 N. Old Dixie (Yeitler). There were no known issues. We also had a permit history question on 3532 Old Dixie and 3462 N US 1 (Sun Camper). iv. Heritage Preserve Boundary Issue. No update. V. Occupational Licenses. Ineed to present updated ordinances on licenses and vi. Memorandum of Understanding with FPUA. Ineed to follow up on this. vii. Stow & Go. Ihave followed up again with Stow & Go about getting a schedule and completing the contemplated site improvements. No response sO far. I've asked lan Osking and Leon Ghougasian to consider a code enforcement case. zoning compliance. viii. Sun Camper. The fine hearing has been (re)scheduled for February. ix. Brightline - Milton Rd Crossing. Isent the enclosed letter to the attorneys for X. Ordinance 2024-9 Annexation of 231 Olson Ave. (Michael S. Lewis). This will Do feel free to call if there's anything you want to discuss with me before the meeting. Brightline and FEC. likely be scheduled for final hearing in February. With best regards. Richard RVNjr/dw Enclosures N Cc: Paulette T. Burgess, Acting Clerk (w/encls.) Carl Peterson, Building Official (w/encls.) Cathy Townsend (w/encls.) Wesley Taylor (w/encls.) Leon Ghougasian, Marshal (w/encls.) Richard Neill From: Sent: To: Cc: Subject: Tod, Richard Neill Thursday, December 19, 2024 4:11 PM William Thiess; Red Tail Paulette Burgess RE: Annexation proposal lwanted to give you a heads up that the Village Mayor has received a petition signed by, I believe, 78 Village residents opposed to the annexation. That was noted to be an incredibly There was a suggestion that the Board should go ahead and make a decision on annexing or not annexing the property in question. Iwill schedule some sort of determination by the Board in January on whether it is inclined to entertain the annexation or not. While the Village can'tgrant or deny a petition for annexation that has not been made, I might be asking for I'm not sure exactly what I will schedule, but at this point, do be aware that we are likely to discuss the matter at the. January 21, 2025 meeting beginning at 6:30 at the Village Hall. high number. conceptual approval. Regards, Richard Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 richard.nell@stlucevilager.gov Please Note: Florida has a very broad public records laws. Most written communications to or from myself of Village officials regarding Village business are public records available to the public and media upon request. It ist the policy of St. Lucie Village that all Village 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 1 toi the communication. If you received this email in error, please notify the senderby reply e-mail and delete all materials from all computers. From: Riçhard Neill Sent: Tuesday, December 3, 202410:30AM Subject: RE: Annexation proposal To: William Thiess willam.thiess@stlucievilagen.gove; 'Red Taill todmeredtalog.com> Cc: Paulette Burgess pauletteburges@stiuclevllagel.gov, Tod, I'm slow in following up, in part because I'm busy. In addition to Bill's general sense that we already have priority matters that need to be addressed and don'twant to get distracted, It think that there are some basic difficulties with the annexation generally and in light of our Land Development Code and Comprehensive Plan - https:/Istlucievilaageflgov/wp- content/uploads/2016/1/2011-ComprehensivePan-Update.pdf. As far as the annexation, Ido not see US 1 as being a legal impediment t-Ithink the property is still 'contiguous" with the Village. I'minclined, however, to agree with the public comment that the annexation would be creating an "enclave", sinceld don't anticipate us having the inclination to annex additional property across the highway. More importantly, our Land Development Code = https/Iistlucevilagefl.gov/zoning- land-use/ = does not contemplate an RV park as a use of any zoning category and the use that some might think is closest, a mobile home park, is prohibited. Nor is the use included in our Comprehensive Plan - https:/stlucievilagefl.gov/wp- content/plboads2016A201Comprehem.wehensivePan-Updatendr Moreover, as discussed at the meeting, we have an EAR amendment which is due (see attached) and will also need to adopt a property rights amendment before we can do any other amendment to the Comprehensive Plan. Accordingly, there certainly is not any timely or efficient way to incorporate the project into the Village's zoning and land use scheme. 2 Irealize that we don't have to do that, and that County land use and zoning will apply until the Village adopts applicable regulations; however, that's not my preference, anyway. lalso think that, although this use may not create any issues when it's on the other side of US1, ifv we approve the use on the west side, it's going to be hard to refuse the use on the east side. We will also have code compliance responsibilities if nothing else, which is one more issue. One thought that Ihad was that we could ask the appliçant to propose the amendments and regulations to be adopted. When addressing our Light Industrial zoning area, for which we had an established land use but no actual zoning regulation, we had the applicant propose the specifics of the amendments to the Land Development Code and, after revisions, adopted that and established the zoning category in our code. Maybe something like that would be appropriate here...? Anyway, those are my thoughts/concerns. Richard Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 richard.nellstlucstluclevllage.gov Please Note: Florida has a very broad public records laws. Most written communications to ori from myself of Village officials regarding Village business are public records available toi the public and media upon request. It is the policy of St. Lucie Village that all Village 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 3 NOTICE-VILLAGE BOARD OF ALDERMEN There is a vacancy on the Village Board of Aldermen, the governing body of the Mayor Thiess, with the advice and consent of the remaining members of the Board of Aldermen may appoint a Village resident to complete the term of the resigning Board member. In this case, that term will extend through the next The Board of Aldermen will be asked for its advice and consent at its regular meeting on. January 21st, 2025 at 6:30 p.m., at the Village Hall, and it is expected that the Mayor will make a decision at that time. He may, however, defera Town ofSt. Lucie Village. election, the first Tuesday of May, 2025. decision to seek more applicants or otherwise. The Board meets monthly on the third Tuesday of each month at 6:30 p.m. and has additional meetings, scheduled as needed. This is an unpaid position. Ifwe have multiple applicants for the position, the Mayor will likely ask the Board to rank those interested, compile the rankings and consider that in makinga decision at this upcoming meeting. Ifanyone is interested in the position, please let the Town Clerk, Paulette Burgess know by email to paulette.burgess@stiucevllgef.goy on or before Tuesday, January 14th, 2025. Please also address why you want this position and describe Please note that any information submitted will presumably be public record. any qualifications you would like to have considered. Paulette T. Burgess Acting Clerk Town of St. Lucie Village (772)295-7174 Richard Neill From: Sent: To: Subject: William Thiess Richard Neill Tuesday, January 7, 20257:271 PM RE: Phase 1 Sewer Project Letter to Residents Thanks, ladded the word. Who. knows what this legislature will do between now and 2030! From: Richard Neill richard.nell@stluctevllager.gov, Sent: Tuesday, January 7,202511:54AM To: William Thiess willam.thiess@stlucevllager.gov2 Cc: Paulette Burgess paulete.burges@stiuevlagengovo,: 'Jill Grimaldi' II.rimaldi@kimley-hom.coma,losh Miller ymiler@/pua.com>; Lugey Dawson idawson@fpua.com; Blum, Brendon Brendon.Blum@kmmley-horn.com); David Whitney OWhtneyenelgrfincom Subject: RE: Phase 1 Sewer Project Letter to Residents Brendon, how about sending me an invite on the January 151 meeting. Ishould be available to attend. Bill, Ithink that the letter looks great. Imight add oneword tot thet following sentence about the law effective in Connection toi the sewer system will not be mandatory, but property owners should keep in mind that current State law will require homes in our areat that are: served by septic tanks to be either connected to as sewer system ortor replace the septic tanks with expensive nutrienti removal onsite wastewater systems by 2030. 2030 but don'tt think this is crucial sO uptoy you- Richard Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 ichard.nellstlucievilaget.gov Please Note: Florida has a very broad public records laws. Most written communications to or from myself of Village officials regarding Village business are public records available to the public and media upon request. It is the policy of St. Lucie Village that all Village 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 toi the communication. If you received this email in error, please notify the senderby reply e-mail and delete all materials from all computers. 1 From: William Thiess wllam.thess@stlulevlaget.gov> Sent: Tuesday, anuany7,20251005AM To: Richard Neill richard.nell@stluclevlager.gov> Subject: Phase 1$ Sewer Project Lettert to Residents Cc: Paulette Burgess pauletteburgessOstuuleyllagetlop; 'Jill Grimaldi' Il.Grimaldi@kimley-hom.com>; Josh Miller imllerpua.com>; Lugey Dawson <dawson@fpua.om>; Blum, Brendon Brendon.Blum@kimley-hom.com> Richard, Iti is time to move forward with sending out the Phase 1 sewer project letter to residents and scheduling the special meeting or workshop to discuss the project. This should definitely go out ahead of any easement correspondence. to residents, which we are getting close to sending out. Ihave a Teams meeting with Kimley- Horn and FPUA at 2PM on. January 15 and that that willl be a good time to discuss filling out the various blanks int the letter. Any. comments or suggestions you have on this letter will be appreciated.la am also working on getting a set of address labels for Phase 1 property owners with assistance from St. Lucie County and/or The one blank on the letter that involves the most planning is a date for the special meeting or workshop. We will definitely discuss this at the. January 15 Teams meeting and hopefully get some consensus there. If you would like to attend that Teams meeting and did not get the invitation, Brendon can forward that to you. We should discuss the special meeting at our January 21 Village Board of Aldermen meeting and hopefully finalize Kimley-Horn. itthere. Ify you have and questions on all of this, please call me. Bill 2 January. L 2025 St. Lucie Village Property Owners and St. Lucie Çounty Neighbors, The Town of St. Lucie Village Board of Aldermen has had remarkable success in obtaining legislative appropriations and grant funding to design, permit, and construct sewage collection systems in the Village. This will be a pressure system with small pump stations at each residence and small diameter (mostly 2") force mains. There will be three phases oft this project: Phase 1-A All properties east of Old Dixie Highway and accessed by St. Lucie Lane, Phase 2-All properties east of Old Dixie Highway yand accessed by Torpey and Rouse Phase 3- All properties on the west side of Old Dixie Highway and properties east of Old Chamberlin Boulevard, or Milton Road Roads Dixie that are accessed by Shimonek Lane. Design and permitting of Phase 1 was funded by a federal grant provided through the American Rescue Plan Act. That work has been completed. Construction of the Phase 1 force mains will be 100% funded by an Indian River Lagoon Water Quality Grant. Design of Phase 2 sewer mains is being completed with! 50% funding from al legislative appropriation and 50% Village funds. Two additional Indian River Lagoon Water Quality Grant applications have been submitted, one for home-to-force main connections in Phase 1a and the other for construction of Phase 2 force mains. We will likely be submitting grant applications for Phase 3 design; permitting, and You are receiving this letter because your property. is in Phase 1, where construction of sewer approximately. months tol be completed. There will be no cost to you for this work, but there may! be minor inconveniences during construction. These inconveniences will be minimized by using directional drilling and requiring contractors to maintain traffic flow around work areas. Most oft this work will be within road rights-of-way. Contractors will be required to avoid or minimize damage to driveways, landscaping, mailboxes, or other facilities in the right-of-way or on private property. Any damaged property will be restored to pre-construction condition. This Phase 1 sewer project will include several homes in unincorporated. St. Lucie County on Hunt Avenue and Chamberlin Boulevard that are adjacent toi force mains required to serve homes in There are several areas in Phase 1 where the Village does not have right-of-way to construct force mains and will need property owners to grant utility easements. One area is on North Indian River Drive north of the 3105 address. A 10-foot-wide easement on the. east side of the road will be requested in this area. Other areas are 2515 North Indian River Drive (at St. Lucie Lane), and properties accessed by North Indian River Drive south of St. Lucie Lane. If any of your neighbors must pass through your property to access their property, you may be asked to grant a utility easement on your property for them to have access to sewer service. Ifany of these construction next year. force mains is fully funded. This construction is expected to begin in and should take St. Lucie Village. scenarios apply to your property, you will be contacted regarding the easement location and Once construction of the force mains is completed, additional work and facilities will be required to connect homes to the force main. This includes installation of a small pump station, as service line from the pump station to a: service box in the right-of-way or easement, connection of the service box to the force main, and decommissioning oft the septic tank. The fund this. Connection to the sewer system will require each property owner to sign an annexation agreement that states their property will be subject to annexation by the City of Fort Pierce only in the unlikely event that St. Lucie Village ceases tol be an incorporated town and the property becomes contiguous with a City of Fort Pierce property. Connection to the sewer system will not be mandatory, but property owners should keep in mind that current State law will require homes in our arèa that are served by septic tanks tol be either connected to a sewer system or to replace the septic tanks with expensive nutrient removal onsite wastewater systems by 2030. The Village and our consultants have been working hard to make a sewer system available to our residents as a very affordable option to meet this 2030 State The Village Board intends to' schedule. a special meeting at the Town Hall, 2814 Old Dixie the date and time for this meeting willl be posted on the St. Lucie Village website Stlucievllagefl.gov, posted in the Village message boxes, and emailed to our "Village People" email group. If you are noti ini this email group, please email our Town Clerk at pauletteburgessOstluclevllapefl.goy or call Paulette at 772-295-7174 and she will add you to We look forward to working with our residents and St. Lucie County neighbors toward execution of documents necessary for granting an easement. cost of these facilities for each home is approximately $ and we are pursuing grants to requirement. Highway, on to discuss the project and answer any questions. you may have. Notice of the email group. completing this Phase 1 force main construction project. Bill Thiess, Mayor Richard Neill From: Sent: To: Subject: Attachments: William Thiess Friday, December 13, 2024 9:40 AM Richard Neill; Paulette Burgess FW: Village Tide Valve Installations St Lucie Village Tide Valves.xlsx Richard & Paulette-Iwould like to put this on the. January agenda. Bill From: Will Tindall wlel2004@gmal.om> Sent: Thursday, December12,20241 10:51A AM To: William Thiess wlam.thessstluceviager.gov2 Subject: Re: Village Tide Valve Installations Bill, seei the attached Cc: Paulette Burgess paulette.burgess@stiucevlagengov; Richard Neill richard.nell@stilucevllager.gov> On Mon, Dec 9, 2024 at 9:02 AM' William Thiess willam.thiesscstucievileviager.gov> wrote: Will, We did include installation of several tide valves ini this year's budget. These installations are described in the attached spreadsheet. The cost estimates in the spreadsheet are yours from over a year ago and may need updating. Ican send you the photos listed in the spreadsheet if it would be helpful. Let's discuss this when you get a chance. We would like to get a proposal on this work before the. January 21 Board meeting. Idon't think we need prices on Options 2 and 3 at this point, butlwould like to discuss them onsite with you at a future time. Ithink it will be best to install the tide valves first and see how well they mitigate the tidal flooding before we pursue berm construction for additional protection. Bill WillTindall 1 PH772-519-6278 Fax 772-462-2208 Office 772-466-2270 201 Campbell RD Fort Pierce, FL: 34945 Environmental. Land Development, Inc. 2 Proposal Environmenta Land Development, Inc. Proposal Date:1/14/2025 201 Campbell Road Fort Pierce FL, 34945 72-6622084.72462.205 Eldnc2004@gmallcom St. Lucie Village Bill Theiss 772/559/2835 Tide Valvel Installation Manager puantty ayment Terms DueDate 30days ehotal Description Untprice Clean 16HDPEppe andi installh newt tidev valve ont thev west side $5,164.00 Clean8 B'PVCP pipo andi nstall widavepnPeniguit Dr Cleans 12" PVGa andinstall newit tide valveont thes easts sideofthe outfalli inleth box of Riverl Prado Clean 12F PVCa andinstalln new tide.valve ont thee east sideof the inlet! boxo ofthe! NW corner ofChamberlina anN NIRD Clean 1235 PVCandi installn newit tidevalve ont thee easts side ofthe $3,900.00 inlet! boxo ofthe SW conero ofChamberlin: and! NIRD Cleana and adjust tides valei int thew wests sideo ofthe out fallinlet! box $480,00 ofthe! Fort Caprond ditch Anye extra heavy precleaning pipeadustmento arh hydroexcavate $235.00 will bec charged perk hourf fort thel VACTruck $5,164.00 $1,950.00 $3,900.00 $3,909,00 $3,900.00 $480,00 $940.00 ofPalmettol Dr $1,950.00 $3,900.00 3,900,00 Please Sign, DATE, & Return) For Workt to Bes Scheduled Subtotal Sales Tax @ 0.00% TOTAL 20,234.00 20,23400 Make all checks payable to Environmental Land Development Inc. THANK) YOUI FOR YOUR BUSINESS! Law Offices 311 South Second Street Suite 200 FortPlerc,FL34950 NEILL GRIFFIN MARQUIS OSKING, PLLC Mailing Address: Post Officel Box: 1270 FortPierce, FL34954-1270 Telephone: (772)4 464-8200 Fax: (772)464-2566 Richard' V. Neill (1934-2 2023) Richard V.Neill,r.+* Renéel Marquis-Abrams" Ianl Eielson Osking Brandon) M.I Hale Matthew C.L London *Board Certified Wills, Trusts, &I Estates Lawyer Certified Circuit Civ/1/County Court! Mediator +BoardCertifed CivilTrlall Lawyer December 26, 2024 Vial Email Cynthia Bergmann, Esq. Brightline General Counsel 3501 NW 1st Avenue Ste 200 Miami, Florida 33128 yntna.bergmannegobrgntine.com Robert B. Ledoux,. Jr., Esq. FECI Rwy. General Counsel 715 Philips Hwy. Jacksonville, FL:32256 cber.igtouxP/eerwy.com Re: Milton Road Crossing (MP237.77) Dear Counsel, lam thet town attorney for the Town of St. Lucie' Village. Ihave been asked to alert FEC: and Brightline to a dangerous situation at the crossing at Milton Road in our town, and would appreciate your bringing iti to the proper person's attention. Initially, in exiting our neighborhood (which is only accessible via the railroad crossing-t there is no other ingress or egress), drivers are nota able to see whether trains are approaching from the north, their right, because oft the Australian Pines immediately adjacent to the crossing. (See attached Additionally, the citizens report to my Board and, to my understanding, your companies as well, that the: signals and crossing arms continuei to malfunction off and on. In particular, l'am told that there are times where the bells ringa and the lights flash, but the arms dor not come down. Or, some oft the arms will malfunction. Arelated complaint is that when your teams arrive to check/address' the reported problems, they close the crossing which keeps people from leaving the neighborhood or returning home. Itiss suggested that, with your people on scene, they could photograph.) monitor and: allow safe crossing. Re: Milton Road Crossing (MP237,77) Pagel 2 My Board's primary concern andi request is that, tot the extent the Australian Pines areonorover the FECI right of wayt they! be cleared. Ift that doesn't clear the field of vision, we will also contact Ont the malfunctions, lam toldi that the response to calls is usually timely and that is appreciated, but the Board expects that these events should be eliminated, or at least very limited, and that there: should be a way to allow safe access when worki is done at the crossing. the: adjacent property owner. Richard vNee RVNr/dw Encl. NEILL GRIFFIN. MARQUIS OSKING, PLLC 311 South 2ad Street, Suite 200, Fort Pierce, Florida 34950- Telephone (772) 464-8022