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HomeMy WebLinkAboutAgenda Packet 09-27-05
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SEPTEMBER Z'I, ZOOS
_.00 AM
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
REVISED _/Z7/0S
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible. However. if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00
A.M" then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are
intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public
hearing and aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board,
ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you
have bacRup 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 of 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 at
6:00 P.M. and on the second and fourth Tuesdays 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 wor\:zshops throughout the year necessary to accomplish their goals and commitments.
Notice is provided of these wor\:zshops. 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
Community Services Director at (772) 462-lm or TOO (772) 462-1428 at least forty-eight (48) hours prior to the
meeting.
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BOARD OF COUNTY"""
COMMISSIONERS
www.c....·I..cle.fl....
,
F.anni. H..tehin..n, Chai.anan
D.... Cowa.eI, Vice Chai.man
....ph E. Sanlth
Pa..la A. Lewb
Ch.b C.aft
D"trlct No.4
Dbt.ict N.. 2
DI.t.lct No. ,
D"t.ict N.. J
D....lct No. S
Sep.eanlte. 27, 200S
..00 A.M.
Invocation
Pleel.e of AII..lance
,. MINUTES
Approve the minutes of the Tentative Budget Public Hearing meeting held on September 15, 2005.
Approve the minutes of the Regular Board meeting held on September 20, 2005.
Approve the minutes of the Final Budget Public Hearing meeting held on September 22, 2005.
Approve the minutes of the Special Public Hearing meeting held on September 22, 2005.
2. PROCLAMATIONS/PRESENTATIONS
A. Presentation by Colonel Carpenter of the Army Corps of Engineers on the management of LaRe
OReechobee and discharges from the laRe.
B, Update on Indian River Drive presented by MiRe Powley, County Engineering and Vanessa Bessey,
Environmental Resources Director.
C. Resolution No. 05-369 - Project H.O.P,E. - Consider staff recommendation to adopt Resolution No.
05-369 as drafted.
D. Congratulations to the St. Lucie County Balefill Construction & Demolition Recycling Facility for
receiving the Honorable Mention Award in the Environmental Category of the Engineering Excellence
Awards from the Florida Institute of Consulting Engineers.
E. The Board wishes to congratulate Tommy Bowes and staff, on winning the 2005 Florida State League
Commendation Award.
F. Reading of the announcements by the County Administrator.
J. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
REGULAR AGENDA
SEPTEMBER 27, 2005
PAGE TWO
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PUBLIC HEARINGS
SA. There are no public hearings scheduled for September 27, 2005.
END OF PUBLIC HEARINGS
6. COUNTY AnORNEY
Resolution No. 05-368 - Adopting Impact Fee Report by James C. Nicholas, Ph.D. - Consider staff
recommendation to approve Resolution No. 05-368 and authorize the Chairman to sign the Resolution.
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CONSENT AGENDA
I. WARRANTS LIST
Approval of Warrant List Nos. 52
2. COUNTY AnORNEY
A. Resolution No. 05-365 Extending the State of Emergency for Hurricane Frances; and, Resolution No,
05-366 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to
approve Resolution No. 05-365 and Resolution 05-366 and authorize the Chairman to sign the
Resolutions.
B. Resolution No. 05-371 MSBU Financial Hardship Assistance Program - Staff recommends correction of
scrivener's error and renumbering of Resolution No. 05-347 MSBU Financial Hardship Assistance
Program to Resolution No, 05-371.
C. Airport Industrial Par\:? - Release of Reverter in October 10, 1962 Deed from St, Lucie County to Fort
Pierce Port and Airport Authority - Consider staff recommendation to approve the Release of
Reverter for the Airport Industrial Par\:?, and authorize the Chairman to execute the Release.
D. Teamsters Local Union No. 769 - Collective Bargaining Agreement - Consider staff recommendation
to approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and
authorize the Chairman to sign the agreement, subject to ratification of the proposed agreement by
the bargaining unit.
E. Wee\:?end Wor\:? Program - Fourth Amendment to March 4, 1997 Interlocal Agreement with the Sheriff
_ Consider staff recommendation to approve the proposed Fourth Amendment and authorize the
Chairman to sign the Amendment.
J. PUBLIC WORKS
A. Code Enforcement Division - Request approval from the Board of County Commissioners to accept
proposal from Municipal Software not to exceed $37,240.00 - Consider staff recommendation to
authorize equipment request No. 06-208, Budget Amendment BA06-100, and the proposal from
Municipal Software to pay for the Collection of County Impact Fees from the City of Port St, Lucie.
B. Engineering Division - Public Hearing - Florida Rod~ Mine - South Plant mining permit application
(Renewal) - Consider staff recommendation to approve a public hearing date of November 1, 2005 at
6:00 p.m. or as soon there after to consider the request of the Florida Roc!:? Mine - South Plant mining
permit application.
C. Engineering Division - Award construction materials testing to Dun!:?elberger Engineering & Testing for
the Indian River Drive Phase II Project - Consider staff recommendation to award construction
materials testing to Dun!:?elberger Engineering & Testing for the Indian River Drive Phase \I Project in
the amount of $90,098.00 and authorize the Chairman to sign the contract as prepared by the County
Attorney.
D. Engineering Division - Wor!:? Authorization No.3 - Contract No, C03-09-708 with Inwood Consulting
Engineers, Inc. - Consider staff recommendation to approve Wor!:? Authorization No.3 (Contract C03-
09-708) with Inwood Consulting Engineers, Inc. for engineering services for the Weatherbee Road and
U.S. 1 Intersection Improvements project in the amount of $6,600.00.
CONSENT AGENDA
SEPTEMBER 2.7, 2.005
PAGE TWO
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PUBLIC WORKS CONTINUED
E. Resolution No. 05-370, Equipment Request EQ No. 05-377, and Budget Amendment No. BA05-194 to
purchase a 2006 Freightliner Dump True!:? from Freightliner for $ 89,761.58 for the Road & Bridge
Drainage Operations Section - Consider staff recommendation to approve Resolution No. 05-370, EQ
No. 05-377 and Budget Amendment No. BA05-194 for the purchase of a 2006 Dump True!:? from
Freightliner for a total amount of $ 89,761.58.
4. HUMAN RESOURCES
A. Catastrophic Inmate Medical Expense Payment - Consider staff recommendation to approve
Resolution No. 05-360.
B. October Cost of Living (COLA) increase - Consider staff recommendation to approve the 3% increase
effective October 2, 2005, for non-bargaining and bargaining full time and part time with limited
benefits employees.
5. SOLID WAITE
A. Purchase of third baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra
International Machinery, LLC. - Consider staff recommendation to approve the purchase of the 3'd
baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International
Machinery, LLC, This item was approved in the 2005-06 Budget process. The total cost of the baler is
$1,208,36200.
B, Amendment No.1 to the CDM proposal for professional services related to the design, permitting, and
construction services for the Scale House at the Glades Road Baling Facility - Consider staff
recommendation to approve Amendment No.1 to CDM proposal for professional services related to
the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility,
The original Agreement is revised from a cost of $136,300.00 to a lump sum of $555,000,00.
e. LIBRARY
State Aid to Libraries Grant - Consider staff recommendation to authorize the Chairman of the Board to sign
two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application.
Approve the library's FV05/06 annual plan of service, Do not date the application - the date will be added
once the original application is signed in Tallahassee.
7. INVESTMENT FOR THE FUTURE
Approval to purchase a new van to be used by the Information Technology Department - Consider staff
recommendation to approve the purchase of a new (2005/2006) van that will be used by the Information
Technology Department.
8. PURCHASING
A. Award Bid No, 05-088 - Savannas Maintenance Building - Consider staff recommendation to award
Bid No. 05-088 - Savannas Maintenance Building to Hennis Construction Company, Inc. for a total
amount of $149,000.00 and grant permission for the Chairman to sign the contract as prepared by the
County Attorney.
CONSENT AGENDA ~
SEPTEMBER 2.7, 2.005
PAGE THREE
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PURCHASING CONTINUED
B. Bid No. 05-094 - Subdivision No.1 Mowing Contract - Consider staff recommendation to award Bid
No. 05-094 - Subdivision No, 1 Mowing Contract to the lowest responsive and responsible bidder,
Accolades Services for a total amount of $76,750,00 and authorize the Chairman to sign the contract
as prepared by the County Attorney.
C. Bid No. 05-095 - Subdivision No.2 Mowing Contract - Consider staff recommendation to award Bid
No. 05-095 - Subdivision No. 2 Mowing Contract to the lowest responsive and responsible bidder,
Accolades Services for a total amount of $205,000.00 and authorize the Chairman to sign the contract
as prepared by the County Attorney.
D. Award RFP No. 05-070 - Space Needs Study - Consider staff recommendation to award RFP No. 05-
070 - Space Study Needs to the highest ran~ firm Institute for Law & Policy Planning for an amount
not to exceed amount of $130,000.00
E. Bid No. 05-096 - Subdivision No.3 Mowing Contract - Consider staff recommendation to award Bid
No, 05-096 - Subdivision No.3 Mowing Contract to the second lowest bidder, Treasure Coast Lawns,
Inc. for a total amount of $189,150.00 and authorize the Chairman to sign the contract as prepared by
the County Attorney.
F, Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc.
for the Par~ & Recreation Department - Consider staff recommendation approve the bid waiver and
sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the Par~ &
Recreation Department.
9. CENTRAL SERVICES
Downtown Judicial Complex Chiller Plant - Edlund Dritenbas Bin~ley Architects - C03-08-S20 - Amendment
No. 2 to Wor~ Authorization No. 10 - Consider staff recommendation to approve Amendment No. 2, to Wor~
Authorization No. 10, C03-08-520, Edlund Dritenbas Bin~ley Architects, for the services of Carter & Associates,
Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Cler~ of
Courts Chiller Plant at a cost of $11,750.00 and authorize the Chair to sign the Amendment as prepared by the
County Attorney,
10. MANAGEMENT AND BUDGET
A. Early Redemption of Special Assessment Improvement Bonds - Bec~er Road MSBU Series 1996
King Orange MSBU Series 1996 - South Hutchinson Island-North District Wastewater System Series 1998
_ South Hutchinson Island -North District Wastewater System Series 1998A - Consider staff
recommendation to approve the early full and partial redemption of the following:
(1) $1,860,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1996 (Bec~er
Road MSBU);
(2) $14,920,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998
(South Hutchinson Island Wastewater System);
(3) $910,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998A
(South Hutchinson Island - North District Wastewater System);
(4) $230,000 St. Lucie County, Florida, Special Assessment Bonds, Series 1996
(King Orange MSBU);
at par, as recommended by RBC Dain Rauscher, Mr. Nate Ec~loff, Managing Director and Mr. Wess
Bradish, Associate, Legal Advisor to the County, and as outlined above,
CONSENT AGENDA
SEPTIMBER 27, 2005
PAGE FOUR
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MANAGEMENT AND BUDGET CONTINUED
B. Purchase of Microsoft Enterprise License for Courts Administration for $106,445.00 - Consider staff
recommendation to approve the purchase of the Microsoft Enterprise License.
tI. PARKS AND RECREATION
A, Lease Agreement - Katherine England/Savannas Recreation Area - Consider staff recommendation to
approve the first amendment to the lease agreement with Katherine England for living space at the
Savannas Recreation Area and authorize the Chairman to sign the amendment.
B. 28th NATIONAL BIKE ROUND UP - St. Lucie County Fairgrounds - Consider staff recommendation to
grant a special permit for the relief of the noise and vibration limits in Chapter 1-13, Saint Lucie County
Code of Ordinances, for the 28th National Bil?e Round up to be held at the St, Lucie County
Fairgrounds for the period of July 31-August 6, 2006, based upon the following findings: (1) the activity
will be of a temporary duration and cannot be done in a manner that would comply with Chapter 1-
13, and (2) no other reasonable alternative is available.
'12. GROWTH MANAGEMENT
A. Approve First Amendment to Contract No. C04-03-132 with Craig Richardson and Clarion Associates -
Consider staff recommendation to approve Amendment No. 1 to the consulting agreement with
Clarion Associates and authorize the Chairman to sign the First Amendment.
B. Request of Brant Shirard, Jr., for final plat approval for the project Imown as Shirard Estates
Subdivision, Phase II, The project is located on property on the east side of Pulitzer Road.
approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 dU/5 acres) Zoning District
- Consider staff recommendation to Approve the final plat of Shirard Estates, Phase II SID and
authorize its final execution.
'II. ADMINISTRATION
Children's Services Council- Staff recommends submission of the two additional applicants (Toby Philpart and
Queen Townsend) to the Office of the Governor, for consideration for the Children's Services Council
appointment.
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ANNOUNCEMENTS
September 27, 2005
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1. Meeting Changes;
· October 4, 2005 Board of County Commissioners meeting is at 9;00 a.m.
· October 11, 2005 Board of County Commissioners meeting is at 6;00 p.m.
· November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9;00 a.m.
· The December 27, 2005 Board of County Commissioners meeting is canceled.
2. The St. Lucie County Growth Management Department will hold a meeting to present the results of the April
23, 2005 community worRshop regarding the future of the White City Midway Road area on Wednesday,
September 28, 2005 at 7;00 p.m. in the White City Elementary School Cafeteria located at 905 West 2nd Street,
Fort Pierce, Florida.
3. The Board of County Commissioners, St. Lucie County, Florida, is currently seeRing applications from persons
desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code
Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300
Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is October 14, 2005 for more information
call 772-462-1156.
4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at
6;00 p.m. in the County Commission Chambers.
5. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday,
October 17, 2005 at 6;00 p.m, in the County Commission Chambers.
6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will
hold a Joint Meeting on Friday, February 3, 2006 at 2;00 p.m. in the County Commission Chambers.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1m or TOO (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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JI. Lude COlin I, MO$quito Control District
Paula A. Lewis, Chai,man
Joseph E. Smith, Vice Chal,man
Doug Cowa,eI
F,annle Hutchinson
Ch,is Craft
District: No. I
Dlst,lct No. 'I
District No. :I
Dlst,lct NO.4
Dlst,lct NO.5
AGENDA
leptemb., :17, :1005
'I. MINUTES
Approve the minutes from the meeting held on September 13, 2005.
z. GENERAL PUBLIC COMMENT
CONIENT AGENDA
'I. WARRANTS Lln
Approve warrants List No. 50 and 51
Z. COUNTY AnORNEY
Impoundment No.3 Wetland Restoration - Wor~ Authorization No. 19 with Hazen and Sawyer Engineering,
P.C, - Consider staff recommendation to approve proposed Wor~ Authorization No. 19 with Hazen and
Sawyer Engineering, P,C" and authorize the Chairman to execute the Wort? Authorization.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Boord 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 Community Services Manager at (m) 462-1m or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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St. Lucie COlnt, E,o$ill Conirol District
Frannie Hutchln.on, Chalr...an
Chris Craft, Vice Chalr...an
'o.eph E. Smith
Doug Coward
Paula A. Lewis
District No. .
District No.5
District No. t
District No.2
District No. J
AGENDA
Septe...ber 2'1, ZOOS
t. MINUTES
Approve the minutes from the meeting held on September 13, 2005.
:Ie GENERAL PUBLIC COMMENT
CONSENT AGENDA
t. WARRANTS LIST
Approve Warrants List No. 50 and 51
:Ie PUBLIC WORKS - EROSION litO
A. Artificial Reef Grant Program: Acceptance of a $60,000.00 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef construction - Consider staff
recommendation to accept a $60,000.00 grant award from the Florida Fish and Wildlife Conservation
Commission (FWC) for artificial reef construction, approve the attached grant agreement with FWC
and execution of said grant agreement by the Chairperson.
B. Artificial Reef Grant Program: Acceptance of a $25,000,00 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef monitoring - Consider staff recommendation
to accept a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission
(FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and
execution of said grant agreement by the Chairperson,
C. RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs:
Approval of rant?ing and permission to negotiate with the three top rant?ed firms - Consider staff
recommendation to approve the rant?ing and permission to negotiate with the top ran Red three firms
and allow Contracts to be brought bact? to the Board for approval.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1m or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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BOARD OF COUNTY COMMISSIONERS
ADDITIONS AGENDA
September 2'1, 2005
CONSENT AGENDA
CAt. ADMINISTRATION
Planning & Zoning Commission Appointment - Consider staff recommendation to ratify
Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission.
REGULAR AGENDA
RAI. COUNTY ATTORNEY
Resolution No. 05-120 Utility Consolidation Resolution
recommendation to adopt Resolution No. 05-120 as drafted.
Consider staff
RA2. COUNTY ATTORNEY
Update by Heather Young, Assistant County Attorney on the Code Violations issued by
the City of Fort Pierce on ChuclÙ Seafood.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen
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 Community Services Manager at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
TENT A TIVE BUDGET PUBLIC HEARING
Date: September 15,2005
Convened: 5:10 p.m.
Adjourned: 7:05 p.m,
Commissioners Present: Frannie Hutchinson, Chairperson, Paula Lewis, Christ Craft,
Doug Coward, Joc Smith
Others Present: Doug Anderson, County Administrator; Ray Wazny, Assistant County
Administrator; Faye Outlaw, Assistant County Administrator; Dan McIntyre, County
Attorney; Pete Keogh, Parks and Recreation Director; Don West, Public Works
Director; Beth Ryder, Community Services Director; Jack Southard, Public Safety
Director; Marie Gouin, Management and Budget Director; Jim David, Mosquito Control
Director; Ed Parker, Purchasing Director; Mike Pawley, County Engineer; Roger Shinn,
Central Services Director; Dennis Wetzel, Infonnation Technologies Director; Paul Hiott,
Veterans Services Director; Susan Kilmer, Library Director; Ken Mascara, Sheriff; Leo
Cordiero, Solid Waste Director; Vanessa Bessey, Environmental Lands; Mike Bowers,
Utilities Director; Scott Herring, Road and Bridge Director; Lauri Heistennan, Deputy
Clerk
1. The Management and Budget Director reviewed the agenda.
2. Public Hearing on the Tentative Budget for Fiscal Year 2005-2006- The
purpose of the public hearing is to adopt a Tentative Millage Rate and Budget.
PUBLIC COMMENT
Joan Darella, 1649 SW Avington, Pt St. Lucie addressed the Board. She
complimented the staff She asked the Board not to adopt the proposed
budget. She voiced her concerns on the assessed value of her property and the
taxes. She stated that the mi1lage rate should be reduced.
Craig Munt, North Hutchinson Island addressed the Board. He voiced
concerns with the Sheriff s current budget. He stated that the Sheriff wanted
new road patrol deputies. He asked if the Board had reached an agreement
with the Sheriffs Department.
Commissioncr Hutchinson stated that the Board had requestcd a proposed
plan.
Doug Anderson stated that the Board had requested a proposed plan for pod 2
and to generate additional revenue. He stated that they had not received the
plan.
Commissioner Coward stated that the Sheriff was given 4 Y2 million dollars
more than was given last year. He stated that the Board did not eliminate
specific positions fÌom the Sheriffs budget. The Sheriff was given a 912
increase over last years budget. He stated that ifthe second pod opened up
there is additional capacity, which would provide for additional revenues.
The additional revenue could be used to help give the Sheriff additional funds.
Bill Anderson, 205 Everglades Blvd, Stuart addressed the Board. He voiced
his concerns with the assessed value and his property taxes.
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Frannie Hutchinson stated that changes do need to be made, however they
must be done at the State level.
Denise Cannon 2620 8W Cameo Blvd, Pt. 8t. Lucie addressed the Board. She
voiced her concerns with the millage rate, the assessed value and property
taxes.
Doug Anderson stated that in 2006 the millage was lowered to 7.6183, which
is a decrease of.2 mils. He stated that 50% of the increase in tax dollars
coming into the County is not going to operations they are going to hurricane
recovery. Over a two year period taxes have been reduced by 67 dollars. '
Commissioner Craft stated that when industry is brought into the County then
the County will tax them and will then be able to pass the savings on to the
citizens.
Frank So sapone, 215 SW Fern1eafTrail, Pt. St. Lucie addressed the Board.
He voiced his concerns with the assessed value and property taxes.
Commissioner Lewis stated that it is market driven.
Richard Williams, Kearegan Terrace, Pt. St. Lucie addressed the Board. He
voiced his concerns with the assessed value and property taxes.
Commissioner Hutchinson stated that this Board has not increased the
millage. She stated that many ofthe residents were from Pt. St. Lucie, and
the City did not drop there millage rates. She recommended everyone looking
to the State level to try and make some changes with the laws.
Commissioner Coward stated that this Board had reduced the tax rate over the
last couple of years. He stated that all of the Boards needed to lower the tax
rate in order to be able to offer some relief.
Frederick Jackson addressed the Board. He commented on the Sheriffs
budget. He addressed the crowding due to violation of probation. He also
voiced his concerns with public safety.
Doug Anderson reviewed the Rocket Docket.
Commissioner Hutchinson stated that they had received the CO on the new
jail pod, which will help relieve the overcrowding
Ed Henson 103 South Shore Road, Stuart, addressed the Board. He voiced his
concerns with the assessed value and property taxes.
Mary Phillips 6201 Ft. Pierce Blvd, Lakewood Park addressed the Board. She
voiced her concerns with the assessed value and property taxes.
Commissioner Coward stated that the Property Appraiser gave out 1 billion
dollars of valuation decreases in St Lucie County.
John Reitkin Pt. St. Lucie addressed the Board. He voiced his concerns with
the assessed value and property taxes.
Maryann Keyback, Pt. St. Lucie addressed the Board. She voiced her
concerns with the assessed value and property taxes.
Patricia Gorden, 3601 SW Cromery, Pt. 8t. Lucie, addressed the Board. She
voiced her concerns with property taxes.
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Unintelligible speaker addressed the Board. He voiced his concerns with
taxable value. He questioned the millage rate.
Commissioner Hucthinson stated that the Board had proposed a .2% decrease
in the millage rate. She stated that on the tax bill the only thing that the
Board has control over is strictly items listed under County.
Commissioner Craft stated that the new people coming into the County are
having greater impacts on the roads county wide. As more money is collected
more money has to be paid out.
Bob Cusak, 3951 SW Cherry Vine, Pt. St. Lucie, addressed the Board. He
voiced his concems with property taxes. He stated that even with homestead
the taxes still go up 3%.
Commissioner Hutchinson asked what the increase in the budget was.
Doug Anderson, stated that construction costs went up 40% this year. He
informed the Board that they were having a study of impact fees conducted to
increase them. Growth does not pay for itself. 50% of funds are going into
the hurricane recovery. The total budget went up 6%.
Commissioner Coward stated that the County is in the position where they
are going to lose impact fees. The Pt. S1. Lucie City Council has decided to
pass an Ordinance to stop S1. Lucie County from having the ability to collect
impact fees from new development.
Aprior speaker addressed the Board. He asked who hc could go to, to addrcss
the tax bill. He rccommended lobbying.
Commissioner Hutchinson stated that the different places and agencies are
listed on the tax bill. She informed the speaker that he would have to address
his concerns with each individual agency. The only other way to address this
would be to come together and do a grass roots effort to get some state
legislation proposed to start changing.
Commissioner Coward stated that this was a reasonable request. He stated
that the tax payers needed some reassurance that the Board will take a more
aggressive step. He stated that the people being affected were the newer
residence that are not protected by homestead or the 3% cap.
Commissioenr Hutchinson stated that the County already has a lobbyist on
staf£
It was moved by Commissioner craft and seconded by Commissioner Coward
to work with a lobbyist to lobby the state to level out the valuation process;
and upon roll call motion carried unanimously.
Jennifer Jackson, Pt. S1. Lucie addressed the Board. She voiced her concerns
with taxes.
Rob Barton detective with the S1. Lucie County Sheriffs office addressed the
Board. He supported the Sheriffs office. He recommended to continue
building. He stated that they needed more help on the road.
Robert Heff, Pt. St. Lucie addressed the Board. He voiced his concerns with
the property taxes. He asked for the Boards support through the lobbyist. He
stated that the impact fees are 10 thousand dollars.
Commissioner Coward advised the speaker that the impact fees were 6
thousand dollars.
3
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Doug Anderson stated that the impact fee is paid when you obtain the permit
for your house.
Commissioner Hutchinson stated that the Board has been very dedicated on
lowering the tax rates. She also stated that there was a unanimous vote to
move forward and go to the state level to help start any type of grass roots.
She requested that anyone that want to pursue this to call her office.
Katherine McAkron, 1860 Bar Harbor Drive addressed the Board. She
praised the Sheriffs office and requested more deputies.
Ron Churchill 400 N. FF A Road, Ft Pierce, addressed the Board. He stated
that he was in favor of casinos and gambling.
A previous speaker addressed the Board. He recommended the homestead
exemption be increased to $50, 000.
Commissioner Hutchinson stated that there had been discussion at the state
level in the past to increase the excmption.
A prcvious spcakcr rccommcndcd a lottery evcry month. He also
recommended stopping building pennits.
A previous speaker addressed the Board. She recommended that the
homestead law be challenged.
Commissioner Smith thanked the public for their participation.
3. A discussion on the rolled back rate was held. The Management and Budget
Director advised the Board of the rolled back rate of7.1748. She reviewed
page A-II of the budget book. She stated that the increase in aggregate
millage over rollback is 18.45%. The rollback rate is 7.1748. The aggregate
mill ages for 2004-2005 was 8.7533, the rollback rate for 2005-2006 is 7.1748,
the proposed aggregate millage rate is 8.4984, which is a decrease of .2549.
The increase over rollback aggregate millage is 1.3236 and the percent
increase in aggregate millage over roll back is 18.45%. She stated that last
year the Board also decreased the millage by .1368. This proposed budget the
millage rate is .2.
4. The Management and Budget Director commented on the Errata and
Substantive changes. She stated that the utilities had 10 million dollars in
changes for the consolidation.
Commissioner Coward referred to page 3 of 8 under item 20 central services.
He stated that the fund balance forward is typically those that are anticipated
and dealt with during the budget process. He asked ifthis was additional
revenue beyond what was discussed by the Board during the budget process.
Marie Gouin stated that it was new fees and fund balance.
5. The following are the millages and budgets under the Board of County
Commissioners:
A Marie Gouin read the millages as outlined below.
Operating Funds with Millages:
Millage
Budget
General Fund
Fine and Forfeiture Fund
4.2619
2.9807
97,336,770
59,386,839
4
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DEPENDENT DISTRICTS: Millage Budget
Mosquito Control District Fund 0.2757 4,763,905
Mosquito State I 45,191
Erosion District Zone E 0.1000 5,741,933
DEBT SERVICE FUNDS:
Environmental Land I & S 0.1154 2,416,184
Port I & S 0.0216 594,329
South County Regional Stadium 54,406
Communication System I & S 1,221,287
5 Year Building Bond I & S 9,102,867
County Capital I & S 178,758
Becker Road I & S 519,592
Beach Bond I & S 0
Impact Fees I & S 262,163
Capital Projects I & S 3,192,710
Tourism Dev. 4th Cent I & S 1,056,359
River Branch I & S 40,064
State Revenue Sharing Bonds I & S 3,251,910
OTHER FUNDS WITHOUT MILLAGES:
SPECIAL REVENUE FUNDS:
Transportation Trust Fund 79,680,479
Grants and Donations 625,182
Library Special Grants Fund 202,326
Additional Court Costs 0
Drug Abuse Trust Fund 31,440
Port and Airport Fund 20,215,985
Port MSBU 101,439
Plan Maintenance R.A.D 302,479
Sill Ccnt Tourist Dcvcl. Fund 588,497
Court Facilities Fund 2,493,142
Court Facilities Fund-Court Costs 149,828
Court Administration 19th Circuit 2,080,725
Housing Finance Authority 49,286
Environmental Lands 0
Housing Assistance Ship Program 1,754,118
Boating Improvement Projects 510,950
Bluefield Ranch Improvement Fund 107,428
CAPITAL OUTLAY FUNDS:
South County Regional Stadium 0
Beach Bond 227,997
Impact Fees Fund 21,021,423
5 Year Building Bond Fund 11,156,836
County Capitn] St Revcnue Share Bond 12,580,000
COllnty & Transportation Cnpital 21,020,439
Lakewood Park Capital Fund 0
Port Development Capital 0
SRI Wastewater Treatment 0
Sports Complex Improvements 315,156
MSBU In Rouse Loan Funds 620,833
Environmental Land Capital 2,068,052
Treasure Cove/Ocean Harbor Capital 2,916,388
Lennard Road MSBU Road Capital 159,633
Lennard Road MSBU Water Capital 58,626
5
.¡
.....
..J
Lennard Road MSBU Sewer Capital
Grey Twig MSBU Capital
45,441
o
ENTRPRISE FUNDS:
Budget
Solid Waste Operations
Golf Course
Sports Complex
Building Code Fund
HEW Utilities
No. Hutchinson Utilities
No. Hutchinson Utilities Renewal/Repl.
No. Hutchinson Utilities Capital
So. Hutchinson Utilities
So. Hutchinson Fund R & R Fund
Holiday Pines Operations
Holiday Pines Renewal/Repl.
Holiday Pines Capital
Airport Utilities District/Capital
28,448,889
1,873,813
1,924,752
5,284,628
121,131
2,895,431
233,469
1,537,250
2,261,119
408,550
1,752,744
123,286
3,675,725
191,750
INTERNAL SERVICE FUNDS;
Insurance & Loss
17,532,230
TRUST
Two Cent Tourist Development
One Cent Tourist Development
Law Enforcement Trust Fund
Law Library
Arts in Public Places Trust Fund
SLC Economic Dev. Trust Fund
FFA Road MSBU Fund (Debt Service)
South Hutchinson Fund (Debt Service)
Driftwood Manor Fund (Debt Service)
King Orange MSBU (Debt Service)
Lost Tree Estates MSBU (Debt Service)
Anita Street MSBU (Debt Service)
Timberlake Estates MSBU (Debt Service)
Briargate Estates MSBU (Debt Service)
Rouse Road MSBU (Debt Service)
North AlA MSBU (Debt Service)
Ideal Holding Road MSBU (Debt Service)
Westglen MSBU (Debt Service)
Raintree Forest MSBU (Debt Service)
River Branch Est. MSBU (Debt Service)
Grey Twig MSBU (Debt Service)
Treasure Cove/Ocean Harbor
King Orange 2 MSBU
Skylark 2 MSBU
Reve1s Lane MSBU
1,071,110
731,956
227,880
460,692
800,642
276,684
o
3,850,621
30,524
52,849
11,705
9,400
46,746
3,077
72,364
10,097
61,414
45,747
7,409
o
o
74,344
9,975
7,731
12,979
4B Board discussion of the millage and the budget under the County Commission.
There was not Board discussion
4C It was moved by Commissioner Craft and seconded by Commissioner Smith ., to
adopt the millages for funds under the County Commission as published in the budget as
listed, and; upon roll call, motion carried unanimously.
6
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--
.,J
4D It was moved by Commissioner Coward., seconded by Commissioner Craft ., to approve the
budget for funds under the County Commission as listed, and; upon roll call, motion carried unanimousl)
G. MILLAGES AND BUDGETS OF THE SPECIAL DISTRICTS
READING OF THE MILLAGES FOR THE SPECIAL DISTRICTS
The Management and Budget Director read the millages as listed
A. STREET LIGHTING DISTRICTS
Millage
Budget
# 1 River Park I
# 2 River Park II
# 3 Harmony Heights 3
# 4 Harmony Heights 4
# 5 Sheraton Plaza
If 6 Sun land Gardens
# 7 Sunrise Park
# 8 Paradise Park
# 9 Holiday Pines
# 10 The Grove
# 11 Blakely Subdivision
# 12 Indian River Estates
# 13 Queens Cove
# 16 Palm Grove
# 126 Southern Oaks
0.3270
0.5949
0.9142
0.7250
1.0108
0.5740
0.8148
0.9005
0.2238
0.1240
1.9990
0.1004
0.0829
0.5360
0.5329
49,587
10,312
4,567
9,368
10,000
10,560
3,280
12,150
15,415
3,867
2,120
16,762
5,659
13,570
3,243
6B Board discussion of the Millage and the Budget
There was no Board discussion
6C It was moved by Commissiolner Lewis, seconded by Commissioner Smith, to
adopt the millage for funds for the special districts as listed, and; upon roll call,
motion carried unanimously.
GD It was moved by Commissioner Coward, seconded by Commissioner Craft to
adopt the budgets for fund for the Special Districts as listed, and; upon roll call,
motion carried unanimously.
7. MILLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING
DISTRICTS
7A READING OFTHE MILLAGES FOR THE MUNICIPAL SERVICE
TAXING DISTRICTS
The Management & Budget Director read the millages for the municipal service
taxing districts as listed.
Millage
Budget
Unincorporated Area MSTU (Comm. Dev.)
Storm Water MSTU
Law Enforcement MSTU
Parks MSTU
Transit MSTU
Monte CarlolMeadowwood Lighting MSTU #4
Palm Lakes Gardens MSTU
Pine Hollow Street Lighting MSTU
Kings Highway Industrial Park Lighting
0.5256
0.4108
0.3544
0.2500
0.0900
0.4579
0.1956
4,938,791
12,438,475
2,415,867
21,006,277
2,039,443
28,495
2,889
11,700
19,291
7
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...
7B. Board Discussion of the Millage and the Budgets for the MSTU's.
There was no Board discussion
7C. It was moved by Commissioner Craft, seconded by Commissioner Smith, to
adopt the millages for the MSTU's as listed, and; upon roll call, motion carried
unanimously.
7D. It was moved by Commissioner Coward, seconded by Commissioner Craft, to
adopt the budgets for the MSTU's as listed, and; upon roll call, motion carried
unanimously.
8. RESOLUTION NO. 05-330 FIXING THE FY 2005-2006 TENTATIVE
MILLAGE RATES
It was moved by Commissioner Smith, seconded by Commissioner Lewis., to adopt
Resolution No. 05-330, and; upon roll call, motion carried unanimously.
9. RESOLUTION NO. 05-331 FIXING THE FY 2005-2006 TENTATIVE
BUDGETS
It was moved by Commissioner Smith, seconded by Commissioner Craft, to approve
Resolution No. 05-331, and; upon roll call, motion carried unanimously.
Commissioner Craft thanked staff and the citizens that came to the meeting.
Doug Anderson stated that tomorrow, letterswill be sent to builders and banks
explaining the collection process. A public records request will be handed to the City of
Pt. St. Lucie requesting weekly building pennits. Every week here after this infonnation
will be requested. At the September 22, 2005 Board of County Commissioners budget
public hearing $300,000 budget wìll be presented to the Board for approval. The
revenue will come from 4% administration fee that the City ofPt S1. Lucie previously
received. At the September 20,2005 Board of County Commissioners meeting, staff
will be recommending that two Senior Accounting Clerk positions be created. The
positions are part ofthe $300,000 budget.
Commissioner Hutchinson concurred with Doug Anderson. She advised staff to move
forward.
There being no further business the meeting was adjourned at 7:05 p.m.
--------------------------------
Chairman, Board County Commissioners
------------------------------
Clerk Circuit Court
8
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..,
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 20, 2005
Tape: 1-3
Convened: 6:00 p.m.
Adjourned: 9:30 p.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A.
Lewis, Joseph Smith, Chris Craft
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Mike Brillhart, Special Projects Director, Pete Keogh, Parks and Rec. Director,
Mike Bowers, Utilities Director, Ed Parker, Purchasing Director, Roger Shinn, Central
Services Director, Jack Southard, Public Safety Director, David Kelly, Planning
Manager, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-024)
It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the
meeting held September 13, 2005, and; upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 05-316- Proclaiming the Fourth Monday in September
2005 as "Family Day" A Day to East Dinner with your Children" in
St. Lucie County, Florida.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05-
316, and; upon roll call, motion carried unanimously.
B. Resolution No. 05-358- Proclaiming the month of September 2005 as
"Alcohol and Drug Addiction Recovery Month 2005" in St. Lucie
County, Florida.
It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 05-
358, and; upon roll call, motion carried unanimously.
C. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Mr. ('l1ris Ilulllphreys, Sandalwood resident, addressed the Board regarding till: roller
skatillg rillk ill Il1e arc:!. I k asked the Board's assislallce in attemptillg to make Il1e
eslahlisl1l1lCl1t lower (lie vihratiol1s coming li'olll the rink on Friday and S<tturd<tys.
Mr. Greg Rosslow, 20 I Hartman Road resident, addressed the Board regarding the noise
and the code.
Mr. Dennis Bunt, Asst. Code Compliance Manager addressed the comments made by the
residents and stated his staff has visited the establishment on various occasions and
according to the code they have not violated the volume levels.
Mr. Pierre La Violet, area resident, addressed the Board regarding the vibrations being
felt from the musie at the rink and stated he could not have guests spend the night due to
the noise.
1
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Sheriff Ken Mascara addressed the Board and stated the establishment is not going
beyond the volume levels but are eX'ceeding the vibration levels and suggested reviewing
the ordinance.
The County Attorney suggested going to a heightened standard and suggested this idea be
reviewed.
Ms. Carrie Rowe, Sandalwood resident, addressed the Board regarding the facility
pennitting the kids roam around. She observed in the morning small bags all over her
yard.
Mr. Todd Thomas, Sandalwood resident, addressed the Board regarding the noise leve]s.
Com. Smith commented on his visit to the area and stated the owner of skatetown and the
residents need to come to a common ground.
Com. Coward suggested strengthening the existing ordinance.
It was the consensus of the Board to agenda this item for discussion at the next Board
meeting and requested staff bring back recommendations as to what steps can be taken
and also provide the necessary backup.
Mr. John Arena, Ft. Pierce resident, addressed the Mega Yacht Industry.
Mr. Charles Grande, Local Planning Agency thanked Com. Craft for attending the
meeting and stated they would be coming back with positive changes.
Mr. Paul Scholl, area resident, addressed the developments outside the Urban Service
BOlIIH.I:lry and asked the Board i r they knew how many were in the process.
Com. Hutchinson stated they did not know that figure.
Mr. Steve Tierney, Ft. Pierce addressed the Board and questioned the width of the right
of ways and what would happen if additional right of way would be needed to construct a
road and they would not be able to obtain or have the additional footage for the paving
requirement.
The County Engineer stated they could only impose the rule on the portion each
developer controls.
The County Attorney stated in the paving requirement section there is a provision for a
waiver of the paving requirements in certain instances. In some instances as fair share
contribution agreement is entered upon.
4. CONSENT MJEND^
It was moved by Com. Craft, seconded by Com. Smith to approve the Consent Agenda
with item CIO pulled and the additions ofCAI-CA2 and CA3, and; upon roll call, motion
carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 51.
2. COUNTY ATTORNEY
A. Resolution No. 05-345 Extending the State of Emergency for
Hurricane Frances and Resolution No. 05-346 Extending the State of
Emergency for Hurricane Jeanne- The Board approved Resolution No.
05-345 and 05-346.
2
oo~
00~156
001165
001166
00~~68
001289
00~290
00~293
00~294
001298
00H02
00~814
101
101003
~01106
101213
101215
102
102001
105
107
107001
107002
107003
107006
109
140
140001
160
183
183004
183006
185005
185006
187
310003
3~5
3~6
31620~
37004
382
39007
396
401
418
421
441
448
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09/16/05
ST. LUCIE COUNTY - BOARD
FZABWARR
WARRANT LIST #51- 10-SEP-2005TO 16-SEP-2005
FUND SUMMARY
FUND
TITLE
General Fund
FTA USC Seeton 5307 Oper. Assist,
CSBG Grant FY05
Section l12/MPO/FHWA/Planning 05
Urban Mobile Irrigation Lab 04/05
FDOT Trans Buses and Infrastructure
CTD Medicaid Non Emerg. Trips
TDC Planning Grant FY 05
FDCA/EMPA 2005
FL Cultural Support Program FY05
Hurricane Impact Marketing
Floridian Aquifer Well MOnitoring N
Transportation Trust Fund
Transportation Truat/Local Option
USDA (NRCS) Emergency Watershed Prt
FDOT 25th St. Widening
FDOT Traffic Signal System Grant
Unincorporated Services Fund
Drainage Maintenance MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fino & Forfoiture Fund-E91l Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund-Court Related Technology
Drug Abuse Fund
Port & Airport Fund
Port Fund
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litam Fund
FHFA SHIP FY04/05
FHFA SHIP FY05/06
Boat'ing Improvement Projects
Impact Fees-Public Buildings
County Building Fund
County Capital
FDEP/FRDAP Savanna Rec Phase II
Grey Twig Lane MSBU
Environmental Land Capital Fund
Indian River Estates MSBU
Lennard Road 1 - Roadway Capital
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Util-Renewal & Replacement Fund
I
./
EXPENSES
410,165.20
25.08
7,073.38
70,980.38
15.40
1,315.46
52,682.00
9.70
3,987.72
1,987.00
18,243.00
16.82
36,681.96
550.00
4,200.00
~76,426.03
495.00
37,972.35
23,033.52
3,599.36
65,850.67
1,197.29-
19,158.55
3,977.99
2,796.58
56.96
97,403.93
6.41
5,162.82
806.22
35.20
185.89
0.00
688.03
325.00
451,668.96
23,956.24
9~,091.16
14,940.00
13,801. 00
1,293.64
3,581.86
192.50
210,466.13
9,553.70
104.54
440,160.24
1,830.69
-...I
PAGE
PAYROLL
6,355.11
0.00
2,386.80
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
0.00
0.00
0.00
4,703.04
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
40,293.40
0.00
0.00
1,006.72
1,165.64
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4,040.49
0.00
471.30
1,767.30
353.46
1
t
09/16/05
FZABWARR
FUND
119
151
158
461
471
478
479
481
489
491
505
505001
611
625
'-"
ST. LUCIE COUNTY - BOARD
WARRANT LIST #51- 10-SEP-2005 TO 16-SEP-200S
FUND SUMMARY
TITLE
NJII Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SIT Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Uti1 Dist-Renewa1 & Replace
No Cty Uti1 Dist-Capita1 Facilities
Airport Utilities District
Airport Uti1 - Capital Fac Fund
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
GRAND TOTAL:
EXPENSES
7.30
20,611.26
4.77
23,585.75
341,934.61
1.26
8.52
5.24
0.20
7,494.58
106,391.76
24.20
544.88
48,984.59
2,856,955.92
..."."
PAGE
PAYROLL
1,619.18
1,767.30
942.56
0.00
1,767.30
235.64
1, 53L 68
942.56
0.00
0.00
6,339.36
0.00
0.00
0.00
77,719.14
2
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B. Animal Impoundment Services- Agreement with the Humane Society
of SLC, Inc.- The Board approved the proposed agreement with the
Humane Society of St. Lucie County and authorized the Chainnan to
sign the agreement.
C. Amended Interlocal Agreement- Fire/EMS Impact Fee- City ofport
St. Lucie- The Board approved the amended Interlocal Agreement and
authorized the Chainnan to sign the Agreement.
3. PUBLIC WORKS
A. Engineering Division- Professional Engineering Services- The Board
approved Work Authorization No.1 with PBS&J for Paradise Park
Subdivision Stonnwater Improvements Phase II in the amount of
$208,411.45.
B. First Amendment to Work Authorization No. 13- The Board approved
the First Amendment to Work Authorization No. 13 with
Dunkelberger Engineering & Testing extending the contract to
December 31, 2005 and authorized the Chainnan to sign the contract.
C. Oxbow Eco Center-Work Authorization No.4 with Kimley Home-
The Board approved Work Authorization No.4 with Kimley Home
and Associates, Inc., in the amount of $7,820.00 to provide Roadway
and Intersection Design at the Oxbow Eco Center and authorized the
Chainnan to sign.
4. PARKS AND RECREATION
A. Purchase of an irrigation pump for Lawnwood Recreation AEA- The
Board approved Budget Amendment BA05-l91 to purchase a
replacement irrigation pump(EQ05-375) for Lawnwood Stadium at a
cost of$3,655.00.
B. Tennis Professional Contract Agreement- The Board approved the
agreement with Mr. Woody Newsom for programming of County
tennis facilities as drafted by the County Attorney and authorized the
Chair to sign the agreement.
C. Pennit Fee for generator installation at the FairgrOlmds and Budget
Amendment No. BA05-192- The Board approved Budget
Amendment BA05-1n amending contract C05-06-297 to reflect the
pennit fee of$I,160.81.
D. Purchase of a Chemical Storage shed at the County Fairgrounds
Budget Amendment BA05-193 and Equipment Request EQ05-376-
The Board approved the purchase of a chemical storage shed for the
Fairgrounds at a cost of$ll,469.00,
5. PUBLIC SAFETY
A. The Board approved the request to approve the Software License and
Service Agreement with HTE for the purchase ofLG Address
Manager software including training and annual support in the amount
of $13,290.00.
B. 9G-I0 Grant-County Emergency Management Preparedness and
Assistance Trust Fund Program Base Grand- The Board approved the
Agreement No. 06BBG-04-10-66-01-110 and authorized the Chainnan
to sign.
3
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C. The Board approved the request to accept Modification No. 1 to
Agreement No. 05-DS-2N-IO-66-01-411, State Homeland Security
Grant, time extension,
6. HUMAN RESOURCES
The Board approved two new position of Senior Accounting Clerk to the Code
Compliance Department.
7. GROWTH MANAGEMENT
A. The Board approved draft Resolution No. 05-152 granting a 12 month
extension the Majestic Bay Subdivision Major Site Plan.
B. The Board approved extending the EDSA contract for the Research
and Education Park Master Plan ITom 06-15-05-to 11-30-05.
8. AIRPORT
Award Bid No. 05-067- The Board approved awarding Bid No. 05-067 to Florida
Industrial Electric, Inc., in the amount of $248, 114.25 for the rehabilitation of airfield
lighting on Runway 9/27 at the St. Lucie International Airport.
9. UTILITIES
Change Order No. I with Oitchdiggers- The Board approved Change Order No.1 with
Ditchdiggers for construction services related to the Seminole Utility Extension project in
the amount of$51,573.34.
10. MANAGEMENT AND BUDGET
Interfund Loan from the General Fund to the Lennard Road MSBU's in the MSBU Debt
Service Fund- This item was pulled per the County Administrator.
11. PURCHASING
Bid Waiver and Emergency Purchase of Water Pumps for Rock Road Jail- The Board
approved the waiver of the bid process and Emergency Purchase of Water Pumps for
Rock Road jail to Gulfstream Pumps & Equipment Inc., for $25,490.
ADDlTIONS
CA-l CENTRAL SERVICES
The Board approved payment in the amount of$27,204.00 to Tropical Window
Coverings for the purchase, delivery and installation of window coverings for Walton
Road Annex.
CA-2 ENVIRONMENTAL RESOURCES
The Board approved the Contract with RTP Environmental Associates, Inc., to perform
review of air quality documents pertaining to proposed pulverized coal burning power
plant- Air Quality Consultant for Review of Documents as drafted by the County
Attorney's office.
CA-3. ADMINISTRATION
Thc ßoard ratified Com. Coward's appointment ofMitchel1 L. Williford to the Code
En fi)rccmcnt ßoard.
4
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REGULAR AGENDA
5.A GROWTH MANAGEMENT
This was a Draft Ordinance 05-023- which proposes to amend the text of the St. Lucie
Land Dcvelopment Code and add language to Section 2.00.00 and Section 7.05.00to
include definitions and language requiring bicycle and pedestrian facilities as well as
updated right of way requirements- Consider staff recommendation to approve Draft
Ordinance No. 05-023.
Com. Coward commented on page 6 ofthe ordinance and flexibility being provided
through the PUD process if the intent of the ordinance is upheld. He would like to
incorporate some language.
The County Attorney stated he concurred with the comment just made and suggested a
sentence be added at the end which states these standards may be altered by the Board in
the PUD process and he felt this would clarify the intent.
The County Attorney suggested the following language be inserted, "Irthe intent of this
ordinance is upheld, the Board may modify the standard writs as part of the planned unit
development".
It was moved by Com. Coward, seconded by Com. Craft to approve Ordinance No. 05-
023 as amended, and; upon roll call, motion carried unanimously.
5.B COUNTY ATTORNEY (1-2016)
Ordinance No. 05-032- MSBU Financial Hardship Assistance Program- Consider staff
recommendation to approve Ordinance No. 05-032.
It was moved by Com. Smith. seconded by Com. Craft, to approve Ordinance No. 05-
o:n. :lI1d; UpOI1 roll call. motioll carried unanimously.
5.C GROWTH MANAGEMENT (1-2169)
Consider staff recommendation to approve Draft Resolution No. 05-153 approving the
request for a Change in Zoning from RM-5 to PMUD and Final Planned Development
Site Plan approval for the project to be known as FAU/HBOI Marine Science
Partnership.
Mr. Al Broder, Thomas Lucido & Associates addressed the Board on this item.
Ms. Gerri McPherson, Executive V.P F AU thanked the Commission for their support of
this project.
Ms. Shirley Pomponi, Harbor Branch, thanked the Board for their support and invited
them to the groundbreaking ceremonies.
It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05-
153, and; upon roll call, motion carried unanimously.
5
""-
.¡
5.0 GROWTH MANAGEMENT (1-2454)
Development Agreement- Consider staff recommendation to proceed with the second
public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. regarding
the Rocking Horse Ranch.
The Special Projects Director for St. Lucie County reviewed the project. He stated there
were some improvements discussed pertaining to the interchange.
The County Attorney stated in paragraph 2-F in the first sentence it speaks of a
conceptual site plan today which is not being done, he believes this sentence needs to be
removed. If they are going to leave the October 11th date in, it needs to be with the
understanding that today's action does not approve the final site plan.
The Special Projects Director stated they are anticipating preliminary PUD approval on
the Illh Ilot Final PUD.
The County Attorney stated they may need to revise the agreement to renect this.
Thc County Attorney suggested in paragraph F they delete the first sentence and the next
paragraph thcy delete the word "final" and replace it with "preliminary" PUD site plan.
Also on paragraph 5, page 5, the second line, delete "final" and replace with "preliminary
PUD site plan".
Ms. Susie Caron, Indrio Road resident, addressed the Board in favor of this project. She
thanked the Board for their attempt to make North County a pleasant area to live.
Mr. Jay Maycumber, addressed the Board and stated he thanked Rocking Horse for
taking care oftheir concurrency issues and thanked the Board for not piece mealing the
entire Indrio Road corridor.
Thc second public hearing will be heard October 11, 2005.
COI11. Coward reiterated the two isslles he would like to see taken care or in the plan. One
issue is the fact this sizeable development has only one exit point dumping out on
Johnson Road and this will cause a traffic problem. He would like a second exit. Also
the Charrette also called for a greenway system and would like someway to incorporate
the southern part of their boundary as the anchor so it can work its way south.
Mr. Jeff Barquette, representing the developer stated he concurred with Com. Coward. In
the revised plan there are easements to the west side and to the south side for future inter-
connections for future developments that may come that way.
No action necessary.
5.E GROWTH MANAGEMENT (1-3521)
COil sider staIr recommendation to adopt Resolution No. 05-154 granting the petition of
BJK for Final Planned Unit Development and Preliminary Plat approval for the project
known as Creekside.
Thc Planning Manager adviscd the Board the developer has requested removal of the
commercial portion of the approval at this time. He is not deleting the commercial
portion and is only looking to revisit what they will be doing in with it.
The Planning Manager also advised the Board staff has added a condition making 9
conditions in the resolution. The 9th conditions reads as follows:
Condition # 9- Final Planned Unit Development approval shall not include the 30,000
square feet of commercial uses. Any commercial uses shall be required to obtain final
planned unit development approval.
6
w
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Com. Craft requested a traffic report and stated he could not vote on this issue until he
reviewed the report.
Ms. Noreen Dwyer, attorney for the petitioner, addressed the Board and stated they
concurred with the conditions and also the added condition.
Mr. Michael Houston, Houston, Cuozzo Group, addressed the Board on this issue and
gaVl: his prl:sl:ntation Oil thl: projl:ct.
Mr. Bill Blazak, Culpepper and Terpening, addressed the Board on this project and
provided details ofllle project cllvironmentally, recreational, and fInancial impact.
Mr. Dennis Murphy, Culpepper & Terpening, addressed the Board on the plan before
them for approval. He commented on the issues regarding transportation.
Mr. Murphy stated he was made aware this afternoon of some capacity concerns on
Kings Highway and along Okeechobee Road. In discussing these matters with staff, he
believes the issues were resolved. The problem seems to be one of the tables they were
relying on used a bad number, a level of service number based upon prior level of service
standards and not the present level of standards.
Mr. Murphy stated parcel 6 was to be their mixture of commercial and community
recreation area, total of 50,000 sq. ft. of none residential area. They wish to exclude
tonight approval action on the 30,000 sq. ft. commercial. They do not wish to delete it,
they are not prepared to go forward with it at this time.
Com. Craft if there was more accurate data than 2003.
Mr. Murphy statcd hc did not bclicve there was today.
Com. Craft stated the problem he had was the traffic and if there is an issue with traffic
and he can have more current data before he makes a decision even if he can't use it to
weigh a decision, he would like to know it before he gives an approval.
The Road and Bridge Manager addressed the Board's questions regarding traffic counts,
He stated he had serious concerns earlier with two links, Okeechobee Road and Kings
Highway. They met this afternoon and there were three things that occurred during the
meeting that eased his concerns that allows him to say in his opinion, this project will
meet roadway concurrency. One being the applicant is proposing to eliminate the
commercial, two when the original traffic study was submitted it was submitted for 840
units. at this time that number has been reduced to 800 units. Third, several years ago the
SLC changed their roadway levels ofscrvice for state roads it is now D and for non-state
roadways it is E.
Com. Craft questioned the level of service of the two links.
The Road and Bridge Manager stated this segment of Kings Highway is at a level of
service C. It would have to get to 16,400 to be considered failing. Okeechobee Road
would still have 1,000 trips available with the commercial area not being included.
Com. Coward stated he does not wish to have the commercial taken out and would prefer
to phase in both commercial and residential. He also would like to revisit the road
contributions and felt the county needs additional dollars from the developers to assist in
road development.
Com. Hutchinson stated she agrees with the concurrency and also need to be clear on the
concurrency. She is yet to get clarification as to where and what time frame they are
requiring concurrency. She needs to understand where the county has the right to require
concurrcncy on a statc road out of our control to place on a priority list.
,
7
\..r
...I
COIll. Lcwis statcd shc sharcd Com. I lutchinson's concerns with concurrency. However,
they have watchcd the development of this plan and what they consider a good
development. She sees how the commercial area would generate additional traffic and
she would be willing to hold off on it and felt this was a reasonable request with all that
has come up at the last minute.
Com. Hutchinson stated she concurred with Com. Coward she would prefer to leave the
commercial in at this time and felt it would generate less traffic.
Com. Coward stated he felt this issue needed to be reviewed further and look specifically
at the phasing in issue and the potential contributions from the developer to assist the
county in the roadways at fair share standpoint. He is looking at a possible two week
delay.
Mr. Bill Blazak addressed the Board regarding the project contributions that he felt
totaled somewhere in the vicinity of 7 million dollars.
Com. Coward stated he would like some additional time to evaluate alternatives other
than gutting the land use plan. His strong preference is to phase this in and also to look at
a contribution from the developer for the roads they will be impacting in addition to the
county's impact on those roads.
Ms. Susie Caron, Indrio Road resident addressed the Board and reminded them of the
Emerson Estates project and the problems the county was faced with after the fact.
Com. Hutchinson asked for a consensus from the Board on continuing this item in two
weeks.
Ms. Noreen Dwyer, attorney for the developer addressed the Board and stated they would
request the issues be continued at the October 4, 2005 Board meeting and they will
provide staff with all the necessary information showing they have abided by the law.
Com. Hutchinson requested two other points be considered for discussion at the October
4th meeting, one being the location ofthe old historical house and asked staff to bring
hack ideas.
Com. Lewis requested more information before the County accepts the building.
Com. Hutchinson also requested staff to bring back an answer to her question to find out
if the county is consistent with the state in regards to concurrency in the time frames the
new growth management law allows. She would like to have this clarified.
It was moved by Com. Coward, seconded by Com. Craft to continue this hearing on
October 4, 2005 at 9:00 a.m. or as soon thereafter as possible, and; upon roll call, motion
carried unanimously.
6. COUNTY ATTORNEY (3-267)
Resolution No. 05-347- MSBU Financial Hardship Assistance Program- Consider staff
recommendation to approve Resolution No. 05-347.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05-
l47, and; upon 1'011 call, molion carried unanimously,
7. COUNTY ATTORNEY(3-277)
Resolution No. 05-347- Consider staffreeommendation to adopt Resolution No. 05-347
as drafted authorizing borrowing of not exceeding $43,000,000.00 for Capital Projects.
8
\-
..,J
It was moved by Com. Craft, seconded by Com. Coward to approve Resolution No. 05-
347, and; upon roll cal1, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was
adjoumed.
Chairman
Clerk of Circuit Court
9
\.;
-...,I
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
FINAL BUDGET PUBLIC HEARING
Date: September 22, 2005
Convened: 5:10 p.m.
Adjourned:5:25 p.m.
Commissioncrs Present: Frannie Hutchinson, Chairperson, Paula Lewis, Christ Craft,
Doug Coward, Joc Smith
Others Present: Doug Anderson, County Administrator; Ray Wazny, Assistant County
Administrator; Faye Outlaw, Assistant County Administrator; Dan McIntyre, County
Attorney; Pete Keogh, Parks and Recreation Director; Don West, Public Works
Director; Beth Rydcr, Community Services Director; Jack Southard, Public Safety
Director; Marie Gouin, Management and Budget Director; Jim David, Mosquito Control
Director; Ed Parker, Purchasing Director; Mike Pawley, County Engineer; Roger Shinn,
Central Services Director; Dennis Wetzel, Information Technologies Director; Paul Hiott,
Veterans Services Director; Susan Kilmer, Library Director; Ken Mascara, Sheriff; Leo
Cordiero, Solid Waste Director; Vanessa Bessey, Environmental Lands; Mike Bowers,
Utilities Director; Scott Herring, Road and Bridge Director; Millie Delgado-Feliciano,
Deputy Clerk
1. The Management and ßudget Director rcviewed the agenda.
2. Public Hearing on the Final Budget for Fiscal Year 2005-2006- The purpose
of the public hearing is to adopt a Final Millage Rate and Budget.
PUBLIC COMMENT
None
3. A discussion on the rolled back rate was held. The Management and Budget
Director advised the Board ofthe rolled back rate of7.1748. She reviewed
page A-II of the budget book. She stated that the increase in aggregate
millage over rollback is 18.45%. The rollback rate is 7.1748. The aggregate
millages for 2004-2005 was 8.7533, the rollback rate for 2005-2006 is 7.1748,
the proposed aggregate millage rate for2005-06 is 8.4984, which is a
decrcase or .254(). The increase over rollback aggregate millage is 1.3236 and
the percent increase in aggregate millage over roll baek is 18.45%. She stated
that last year the Board also decreased the millage by .1368. This proposed
budget the millage rate is .2 mills.
The County Administrator gave a power point report on 2006 comparison of the
County's budget and the Sheriffs budget.
4. The Management and Budget Director commented on the Errata and
Substantive changes.
5. The following are the millages and budgets under the Board of County
Commissioners:
A Marie Gouin read the millages as outlined below.
1
~
....I
Operating Funds with Millages: Millage Budget
General Fund 4.2619 97,336,770
Fine and Forfeiture Fund 2.9807 59,386,839
DEPENDENT DISTRICTS: Millage Budget
Mosquito Control District Fund 0.2757 4,763,905
Mosquito State I 45,191
Erosion District Zone E 0.1000 5,741,933
DEBT SERVICE FUNDS:
Environmental Land I & S 0.1154 2,416,184
Port I & S 0.0216 594,329
South County Regional Stadium 54,406
Communication Systcm I & S 1 ,221 ,287
5 Year Building Bond 1 & S 9,102,867
County Capitall & S 178,758
Becker Road I & S 519,592
Beach Bond I & S 0
Impact Fees I & S 262,163
Capital Projects I & S 3,192,710
Tourism Dev. 41h Cent I & S 1,056,359
River Branch I & S 40,064
State Revenue Sharing Bonds I & S 3,251,910
OTHER FUNDS WITHOUT MILLAGES:
SPECIAL REVENUE FUNDS:
Transportation Trust Fund 79,680,479
Grants and Donations 625,182
Library Special Grants Fund 202,326
Additional Court Costs 0
Drug Abuse Trust Fund 31 ,440
Port and Airport Fund 20,215,985
Port MSßU 101,439
Plan Maintenance R.A.D 302,479
5th Cent Tourist Devel. Fund 588,497
Court Facilities Fund 2,493,142
Court Facilities Fund-Court Costs 149,828
Court Administration 19th Circuit 2,080,725
Housing Finance Authority 49,286
Environmental Lands 0
Housing Assistance Ship Program 1,754,118
Boating Improvement Projects 510,950
Bluefield Ranch Improvement Fund 107,428
CAPITAL OUTLAY FUNDS:
South County Regional Stadium 0
Beach Bond 227,997
Impact Fees Fund 21,021,423
5 Year Building Bond Fund 11,156,836
County Capital St Revenue Share Bond 12,580,000
County & Transportation Capital 21,020,439
Lakewood Park Capital Fund 0
2
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Port Development Capital
SHI Wastewater Treatment
Sports Complex Improvements
MSBU In House Loan Funds
Environmental Land Capital
Treasure Cove/Ocean Harbor Capital
Lcnnard Ro;¡d MSBU Road Capital
Lcnllanl Road MS13U Water Capilal
LCllIwrd Road MSBU Scwcr Capilal
Grcy Twig MSBU Capital
ENTRPRISE FUNDS:
Solid Waste Operations
Golf Course
Sports Complex
Building Code Fund
HEW Utilities
No. Hutchinson Utilities
No. Hutchinson Utilities Renewal/Repl.
No. Hutchinson Utilities Capital
So. Hutchinson Utilities
So. Hutchinson Fund R & R Fund
Holiday Pines Operations
Holiday Pines Renewal/Rcpl.
Holiday Pines Capital
Airport Utilities District/Capital
INTERNAL SERVICE FUNDS;
Insurance & Loss
TRUST
Two Cent Tourist Development
One Cent Tourist Development
Law Enforcement Trust Fund
Law Library
Arts in Public P1aG:es Trust Fund
SLC Economic Dcv. Trust Fund
FFA Road MSBU Fund (Debt Service)
South Hutchinson Fund (Debt Service)
Driftwood Manor Fund (Debt Service)
King Orange MSBU (Debt Service)
Lost Tree Estates MSBU (Debt Service)
Anita Street MSBU (Debt Service)
Timberlake Estates MSBU (Debt Service)
Briargate Estates MSBU (Debt Service)
Rouse Road MSBU (Debt Service)
North AlA MSBU (Debt Service)
Ideal Holding Road MSBU (Debt Service)
Westglen MSBU (Debt Service)
Raintree Forest MSBU (Debt Service)
River Branch Est. MSBU (Debt Service)
Grey Twig MSBU (Debt Service)
Treasure Cove/Ocean Harbor
King Orange 2 MSBU
Skylark 2 MSBU
Revels Lane MSBU
J
...,
o
o
315,156
620,833
2,068,052
2,916,388
159,633
58.626
45.441
o
Budget
28,448,889
1,873,813
1,924,752
5,284,628
121,131
2,895,431
233,469
1,537,250
2,261,119
408,550
1,752,744
123,286
3,675,725
191,750
17,532,230
1,071,110
731,956
227,880
460,692
800,642
276,684
o
3,850,621
30,524
52,849
11,705
9,400
46,746
3,077
72,364
10,097
61,414
45,747
7,409
o
o
74,344
9,975
7,731
12,979
3
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....1
58 Board discussion of the millage and the budget under the County Commission.
There was no Board discussion
5C It was moved by Commissioner Smith and seconded by Commissioner Lewis ., to
adopt the millages for funds under the County Commission as published in the budget as
listed, and; upon roll call, motion carried unanimously.
5D It was moved by Commissioner Craft., seconded by Commissioner Coward, to approve the budg
for funds under the County Commission as listed, and; upon roll call, motion carried unanimously
6. MILLAGES AND BUDGETS OF THE SPECIAL DISTRICTS
READING OF THE MILLAGES FOR THE SPECIAL DISTRICTS
Thc Managcmcnt a III I Budgct Dircctor rcad the millages as listed
A. STREET LIGHTING DISTRICTS
Millage
Budget
# 1 River Park I
# 2 River Park II
# 3 Harmony Heights 3
# 4 Harmony Heights 4
# 5 Sheraton Plaza
# 6 Sunland Gardens
# 7 Sunrise Park
# 8 Paradise Park
# 9 Holiday Pines
# 10 The Grove
# II Blakely Subdivision
II 12 Indian River Estates
# 13 Queens Cove
# 16 Palm Grove
# 126 Southern Oaks
0.3270
0.5949
0.9142
0.7250
1.0108
0.5740
0.8148
0.9005
0.2238
0.1240
1.9990
0.1004
0.0829
0.5360
0.5329
49,587
10,312
4,567
9,368
10,000
10,560
3,280
12,150
15,415
3,867
2,120
16,762
5,659
13,570
3,243
6B Board discussion of the Millage and the Budget
There was no Board discussion
6C It was moved by Commissioner Coward, seconded by Commissioner Craft,
to adopt the millage for funds for the special districts as listed, and; upon roll call,
motion carried unanimously.
6D It was moved by Commissioner Lewis, seconded by Commissioner Craft to
adopt the budgets for fund for the Special Districts as listed, and; upon roll call,
motion carried unanimously. f
7. MlLLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING
DISTRICTS
7A READING OF THE MILLAGES FOR THE MUNICIPAL SERVICE
TAXING DISTRICTS
The Management & Budget Director read the millages for the municipal service
taxing districts as listed.
to.','
,
~:
Millage
Budget
Unincorporated Area MSTU (Comm. Dev.)
0.5256
4,938,791
4
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G~\ \Je A'D ()\', \ \ ,e
"WI
From: "BRIAN WOLFF" <BDWOLF99@BELLSOUTH.NET>
To: "Commissioner Joe Smith" <Joe_Smith@co.st-lucie.f1.us>, "Commissioner Doug
Coward" <cowardd@co.st-lucieJI.us>, "Commissioner Paula Lewis" <barbarab@co.st-lucieJI.us>,
"Commissioner Joe Smith" <lIz@co.st-lucle.fI.us>, "Commissioner Frannie Hutchinson"
<Joe_Smlth@co.st-lucie.fI.us>, "Commissioner Chris Craft" <ODonneIE@co,st-lucleJl.us>, "Jim
Baranoski - test" <Jamesb@co.st-lucieJl.us>
Date: 9/21/20053:39:30 PM
Subject: (Email All Commissioners)
Below is feedback from the main County website Email All the Commissioners form.
http://www.co.st-Iu cie .fl.us/bocc2/email.htm
First Name: BRIAN
Last Name: WOLFF
Email: ßDWOLF99@BELLSOUTH_NET
Pllone: ß78-6777
Comment or Question: DEAR COUNCIL MEMBERS
THE TAXES IN ST. LUCIE COUNTY.THE CITY OF PORT ST. LUCIE AND THE SCHOOL DISTRICT
ARE FORCING ME TO SELL OUR HOUSE. WE WERE FORCE TO SELL LAST YEAR AFTER THE
HURRICANES DESTROYED OUR HOME ,SO THEREFORE WE LOST OUR HOMESTEAD
EXEMPTIONS. WE WENT TO THE CITY BUDGET MEETING AND THEY BLAMED IT ON THE
COUNTY, THE SCHOOL BOARD, TALLAHASSE AND EVERYONE ELSE. IT REALLY DOESN'T
MATTER WHO'S FAULT IT IS, BUT IN ST. LUCIE TAXES ARE SO HIGH IT IS GOING TO FORCE
PEOPLE OUT. WHO CAN AFFORD $500.00 A MONTH FOR TAXES, FPL KEEPS RAISING RATES,
GAS IS RISING. WE DID LIKE LIVING HERE BUT WE CAN'T AFFORD BIG CITY TAXES WITHOUT
BIG CITY SERVICES. WE HAVE NO STREET LIGHTS, SIDEWALKS, BUS SERVICE ,HAVE TO PAY
FOR OUR GARBAGE PICK-UP. WHERE IS OUR TAX MONEY GOING? I'M SURE YOU CAN JUSTIFY
EVERY PENNY YOU SPEND JUST LIKE THE CITY DID, BUT IT'S MY PENNIES AND I'M NOT HAPPY
ABOUT HOW YOU SPEND I COULD 'T HE LOUSY MAP IF I'M IN DISTRICT 2 OR 3
BUT MY ADDRESS IS 2556 CALENDER ST, PSL . D IT WOULD BE NICE IF MY COMMISIONER
CAME BY, MAYBE FOR DINNER A OUT HOW IT REALLY IS LIVING HERE.
THANK YOU
BRIAN WOLFF
(ì , . (\ rìlt~ ""',.:¡t--·i~~
L\J\f\ffi~c,§\tì~ lÀv1- ' .H\S
Account
Information Technolol!v
001-1955-564000-100 Machinery & Equipment
001-1955-541000-100 Communication
001-1955-512000-100 Salaries
001-1955-349200-100 Infonnation Technology Services $ (179,076)
ROllter & communication lines for lai/to St. Lucie West; deletion of one Network Desktop Technician
(NDT) position & correspondingfundÙrg by Courts Administration; discontinue service by NDT to Courts
Adminisrration effective 12/31/05; reduction of 50%funding of analyst position by State
AI/oriley; and etimil/atefrmdil/gfol' rwo part lime il/rel'lls.
'-'
FY06 ERRAIA SHEET
Changes to the Jinul budget
Description
Itevrnue
Expenditure
$
$
$
2 Parks & Recreation
104001-0000-389902-000 Fund Balance Forward
104001-7216-366900- 7102 Donations
104001-7216-366900-7104 DU\1utio\1s
10400 1-7216-366900- 712 Donatio\1s
104001-7216-534000-7102 Other Contractual Services
104001-7216-552000-7102 Operating Supplies
104001-7216-552000-7104 Operating Supplies
104001-7216-551200-712 Equipment < $1,000
104001-7216-599300-712 Reserves
To esrablish a budgerfor recreation donatlollfrmd
...,
2,532
2,880
( 184,488)
$ 11,280
$ 520
$ 200
$ 500
$ 1,300
$ 520
$ 200
$ 750
$ 9,730
$
$
$
663,000
3 Debt Service
262-9950-571100-800 Principal
262-9950-573100-800 Additional Expenses-Bonds
262-0000-389902-000 Fund Balance Forward
To establish budgetfor full payment of$650,000 TDC Note and 2%fee-
Debt Service
4 216-7420-366930-76550 Contribution from Private Source $
216-7420-571100-76550 Prineipal- Notes
To establish budget for Pril/cipal Paydown on $350.000 SLC. FL Imp. Rev. Note,
Series 2004A Equestrian Arena.
62,284
5 Retiremcnt Ratc Adiustmcnt
Various Gencral Fund Accounts
Various Fine & Forfeiture Fund Accounts
Funding for increased cost of construction and hurricane expenses
Reserves (See #6 & # J 1)
Various Accounts/Other Funds
Adjustment Reserve
Adjust amounts budgeted for reUremenlto reflect current rates.
6 Property Appraiser
001-9910-599300-800
102-9910-599300-800
102001-9910-599300-800
103-9910-599300-800
107-9910-599300-800
111-9910-599300-800
122-9910-599300-800
129-9910-599300-800
130-9910-599300-800
145-9910-599300-800
184-9910-599300-800
242-9910-599300-800
282-9910-599300-800
001-1310-549120-100
102-1300-549120-100
102001-1300-549120-100
Y'\
'"
Reserves
Reserves
Reserves
Reserves
Reserves
Reserves
Reserves
Reserves
Reserves
Reserves
Rcscrves
Reserves
Reserves
Comm & Fees/Property Appraiser
Comm & Fees/Property Appraiser
Comm & Fees/Property Appraiser
10f4
650,000
13,000
$
62,284
$
$
$
$
$
$
(421,401)
(78,227)
495,023
4,605
(330,996)
330,996
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(4,470)
(69)
(55)
(47)
(964)
(I)
(I)
(72)
(26)
(78)
(29)
(7)
(36)
4,4 70
69
55
· ~
10. -. ..,.,-049120-100 Comm & Fees/Property r'i'J.,.,ser
107-1300-549120-100 Comm & Fees/Property Appraiser
111-1300-549120-100 Comm & Fecs/Propcrty Appraiscr
122-1300-549120-100 Comm & Fccs/Propcrty Appraiscr
129-1300-549120-100 Comm & Fecs/Propcrty Appraiscr
130-1300-549120-100 Comm & Fecs/Propcrty Appraiscr
145-1300-549120-OO COl11m & Fecs/Propcrly Appraiser
184-1300-549120-100 Comm & Fees/Propcrly Appraiser
242-1300-549120-100 Comm & Fees/Propcrly Appraiser
282-1300-549120-100 Comm & FeeslProperty Appraiser
To adjust Property Appraiser FY06 budget to ÌI,c/ude Legisiature Committee all
Inlergovemmelllal Relatiolls Coilstitutiollal Officer Salary Increase per Dept. of Revenue.
Collection of Impact Fees (7-10)
7 Impact Fees Collection Division
150- 1300-369050-1 00 General & Administrative Fee
150- 1300-512000-1 00 Salaries
150-1300-534000-100 Othcr Contractual Services
150-1300-540000-100 Travel
150-1300-554200-100 Training Scminar Registration
150-1300-541000-100 COInmulliealions
150-1300-541300-100 Poslage
150-1 JOO·5441 00-1 00 Equipmcnt Rental
150-1300-549000-100 Advertising
150-1300-547000-100 Printing & Binding
150-1300-547005-100 Printing & Binding Materials Centcr
150-1300-551000-100 Offiee Supplics
150-1300-551200-100 Equipment < $1,000
150-1300-552000-100 Operating Supplies
150-1300-554000-100 Dues & Memberships
150-1300-554100-100 Books & Subscriptions
150-1300-564000-100 Machinery & Equipment
150-9910-599300-800 Reserves
Port St. Lucie Impact Fee Collection Program
$
300,000
8 Road Impact Fees
101006-4116-xxxxxx-400 PSL Road Impact Fees $ 1,800,000
101006-4116-389903-400 Lcss 5 Percent $ (90,000)
101006-9910-599300-800 Rcservcs $
Budget for tire collection of Impact Fees witlrin Port Sf- Lucie. A corresponding rel'enue
account string will be created to maintaintlrefimds separately.
<) J':U'I(~ Inl)nrt Ftts
310IJ02-0IJ()O-xxxxxx-()OO PSI. Pllrks Impact Fees $ 923,314
3IOIJ02-00()()-3XYYOJ-OOO Less 5 'crecnt $ (4ri,1 (,(,)
310002-9910-599300-800 Rcscrvcs $
Blldget for the collectiOlI of Impact Fees witbill Port St. Lucie. A corresponding /'evemœ
account string will be created to maintaill the fimds separately.
10 Public Buildin!!s Impact Fees
310003-0000-xxxxxx-000 PSL "Corrections" Impact Fees $ 1,323,922
310003-0000-xxxxxx-000 PSL "Other" Impact Fees $ 900,354
310003-0000-389903-000 Less 5 Pereent $ (111,214)
310003-9910-599300-800 Reserves $
Budget for tlte collec/ion of Impact Fees witlrin Port St. Lucie. A corresponding revenue
account string will be created to maintain thefunds separately.
Additiollal Grallt FUllds (11-18)
Growth M:uu,!clltcnt
II OOI150-15101-J31421-IOO
Fcdcral Transit Adminislration
20f4
$
¥..
1.214
$ ..".¡ ..,
$ 964
$ 1
$ I
$ 72
$ 26
$ 7S
$ 29
$ 7
$ 36
$
$
$
$
$
$
$
$
$
$
$
S
$
$
$
$
$
101,896
1,000
1,000
500
2,500
500
1,200
500
500
500
1,000
3,220
250
200
200
2,330
182,704
1,710,000
&77,14&
2,113,062
\..vl ,h-, j I 01-531~ 00
001-9910-599300-800
To recogllize thefull gram award,
Professional Servicc>
Rescrvcs
$ ""'"
$
1,"'''':1
(135)
12 Public Works - Erosion
184208-3710-334396-39003 FL Fish & Wildlifc Conscrvution COll1m
184208-3710-563000-39003 Improvcmcnt orr Duildings
'Ii) e.ft'¡/J/ish grallt for Eiwioll District
$
25,000
$
25,000
13 Public Works - Erosion
184100-3710-331391-39003 Dcpt oflnlcrior Fish & Wildlifc
184100-3710-563000-39003 Improvcmcnt orr Buildings
To establish grallt for Erosioll District
$
(,0,000
$
60,000
14 Sheriff
107144-2110-33]20-200 Dept of Justice
107144-2110-581090-200 City of Fort Pierce
107144-2110-591900-200 Transfer to Sheriff
To establish budget for the Byme Memorial Justice Assistallce Grallt
$
124,600
$
$
62,300
62,300
15 Sheriff
107145-2110-33120-200 Ocpt of Justicc
107145-2110-5810S5-200 PorI 51. Lucie Police Dept.
107145-21 IO-5'i I 'iOO-200 Transfer to Shcriff
I 071.I,~-2110-,~R IOR5-20() FI. Pierce Police Dcpl.
107 1-15-211 0-5S IOR5-200 SLC Emergency Services
107145-211 0-5S IOS5-200 SLC Fire District
107145-2110-581085-200 SLC School District
To establish budget for the COPS Secure ScllOols Gra"t
$ 49,000
$ 15.500
$ 15,500
$ 15,500
$ 15,500
$ 15,500
$ 71,500
Communitv Services
16 130203-4910-334411-400 Florida Departmcnt ofTmnsportation , $ 112,000
I 30203-4'i 10-5820 I 5-400 Council Oil Aging $
To establishfill/di"gfor secolld year of award of the Marketillg a"d Operatioll of New Fixed Roule
alii' Deviated Fixed Route Grallt
112,000
Communitv Services
17 130204-4910-334411-400 Florida Department of Transportation $
130204-4910·582015-400 Council on Aging
To establish fUllding for second year of award of the Service Development Grallt.
154,000
$
154,000
Community Services
18 001404-6420-334693-600 Department of Community Affairs
001404-6420-599330-600 Project Reserve
To establish fimclingfor CDBG SlIpplemental Disaster Recovery Initiative.
$ 3,000,000
$
3,000,000
Grallt Ro/lovel's (19-21)
19 Public Works
10] 106-4115-331610-4914
101106-4115-531000-4914
101106-4115-534000-4914
101106-4115-546300-4914
Rollover Gram Funds
US Dcpt of Agriculture
Professional Services
Other Contractual Services
Grounds Maintcnance
$ 2,069,494
$
$
$
104,098
84,050
1,881,346
20 A!mm:!
]40340-4220-334411-400
140340-4220-546000-400
140-9910-599300-800
Rollover Gra"t Funds
FOOT - Transportation
Equipment Maintenance
Reserves
$ 95,000
$
$
118,750
(23,750)
Community Services
21 001182-6420-335510-600
Florida I-lousing Finance
$
(100,000)
30f4
ò,r
'- f,
~~~~'
"'" ~
I ô2-('42053I 000-600 Project Rcserve (IOO.OOlJ)
1 ôSOOX-ú420-3355I O-GOO Florida lIuusing Finance $ IOO.()()O
1 Ô500S-Ú42053I OOO-GOO Project Rcscrve $ 100,000
Nul/m'er gralll jillld.,
~
" Olher Rollover Funds (22-27)
: I;:'
22 Air )or'
140-000-3S9902-000 Fund Balance Forward $ 38.000
140:42 !0-564000-480 1 Machinery & Equipment $ 38,000
Carryover jillldÙrgfor purchase order
Media
23 001-0~00-389902-000 Fund Balance Forward $ 1,698
001-1225-551200-100 Equipment less than $1,000 $ 1,698
Carrybv~r fllllding for purchase order
':
Growth Mana!.!ement
24 001-0000-389902-000 Fund Balance Forward $ 90,080
001-1510-531000-39004 Professiona I Services $ 30,000
001-15 J 0-531000-100 Professional Scrviccs $ 30,500
001-5210-5480 I 0- 7132 I'rol11otional Advcrtising $ 29,580
102-1900-389902-100 Fund Balancc Forward $ 532,741
102-1510-531000-100 Professional Scrvices $ 442,081
102-1520-564000-100 Machinery & Equipment $ 18,535
102-1520-551200-100 Equipment less than $1,000 $ 10,536
102-15101-531000-100 Professional Services ' $ 47,893
102-15101-562000-1536 Buildings $ 5,196
102-15101-568000- 100 Software $ 8,500
611-0000-389902-000 Fund Balance Forward $ 1,800
611-5210-5480 I 0-500 Promotional Advertising $ 1,800
Carryover fundingfor purchase orders
Utilities
2S 479-9910-599300-80.0 Reserves $ (784,395)
478-0000-389902-000 Fund Balance Forward $ 5,275
479-3600-563000-300 Improvements Off Buildings $ 701,172
478-3602-546240-300 Maintenance - Utilities Fieldwork $ 5,275
479-3('02-5G3000-300 Improvements Off l3uildings $ 83,223
451-3510-534000-300 Other Contractual Services $ 211,500
451-9910-599300-800 Reserves $ (211,500)
Ca"yover fimdingfor purchase orders
21, Community Services
001-0000-389902-000 Fund 13alance Forward $ 298,732
001-1900-582000-100 A id to Prj vale Organizations $ G3,356
001-6900-582015-600 Council on Aging $ 25,000
001-4910-582015-400 Council on Aging $ 199,626
001-6420-582017-600 Chi1dren's Home Society $ 10,750
130-4910-582015-400 Council on Aging $ 89,271
130-0000-389902-000 Fund Balance Forward $ 89,271
Carryover funding/or purchase orders
27 ß!.m2!:!
140-0000-389902-000 Fund Balance Forward $ 40,000
140-4210-564000-400 Machinery & Equipment $ 40,000
Carryover Fundillg Referellce Eq 05·J 75
Total $ 12,446,823 $ 12,446,823
4 of 4
I..,
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....,/
RESOLUTION NO. 05-363
A RESOLUTION ADOPTING A FINAL MILLAGE RATE
FOR FISCAL YEAR 2005-2006
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. On September 15,2005, aftor TRIM notices woro mailed to all property owners pursuant
to Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to
consider adopting the Tentative Millage for fiscal year 2005-2006 and adopted the Tentative Millage.
2. On September 22,2005, after notice published in the Tribune on September 18,2005,
the Board held a Public Hearing and adopted the Final Millage for fiscal year 2005-2006.
3. On September 15, 2005, after TRIM notices were mailed to all property owners pursuant
to Section 200.069, Florida Statutes, the St. Lucie County Mosquito Control District, a dependent
taxing district of this Board, held a Public Hearing to consider adopting the Tentative Millage for
Fiscal Year 2005-2006 and adopted the Tentative Millage.
4. On September 22,2005, after notice published in the Tribune on September 18, 2005,
the S1. Lucie County Mosquito Control District held a Public Hearing and adopted the Final Millage for
fiscal year 2005-2006.
5. On September 15,2005, after TRIM notices were mailed to all property owners pursuant
to Section 200.069, Florida Statutes, the St. Lucie County Erosion District, a dependent taxing district
of the Board, held a Public Hearing to consider adopting the Tentative Millage for Fiscal Year 2005-
2006 and adopted the Tentative Millage.
6. On September 22, 2005, after notice published ¡nthe Tribune on September 18, 2005,
the St. Lucie County Erosion District held a Public Hearing and adopted the Final Millage for fiscal
year 2005-2006.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The following are hereby adopted as the Final Millage rates for fiscal year 2005-2006:
.,
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BOARD OF COUNTY COMMISSION'ERS
MILLAGE RATES
Goncral Fund
4.2619
2.9807
Fine & Forfeiture Fund
Port Property Bond I&S
0.0216
Environmental Land 1&5
0.1154
SPECIAL TAXING DISTRICTS
#1 River Park I 0.3270
#2 River Park II 0.5949
#3 Harmony Heights III 0.9142
#4 Harmony Heights IV 0.7250
#5 Sheraton Plaza 1.0108
#6 Sunland Gardens 0.5740
#7 Sunrise Park 0.8148
#8 Paradise Park 0.9005
#9 Holiday Pines 0.2238
#10 The Grove 0.1240
#11 Blakely Subdivision XI 1.9990
#12 Indian River Estates 0.1004
#13 Queens Cove 0.0829
#16 Palm Grove 0.5360
#.126 Southern Oaks Estates 0.5329
MUNICIPAL SERVICE TAXING UNITS
Unincorporated Area Services (Community Dev)
0.5256
5tormwatcr
0.4108
0.3544
Law Enforcement
Parks MSTU
Transit MSTU
0.2500
0.0900
Monte Carlo/Meadowood
0.4579
ì
,\
\ '.
'\
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Palm Lake Gardens
0.1956
MOSQUITO CONTROL DISTRICT
Mosquito Control Fund
0.2757
EROSION DISTRICT
Operating
Erosion Zone E
0.1000
AGGREGATE MILLAGE (excludes interest and sinking
fund levies on voter approved indebtedness)
8,4984
B. The proposed aggregate millage rate to be levied is greater than the ~o"-back rate as
computed pursuant to Section 200.065(1), Florida Statutes by 18.45%.
After motion and second, the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson
Commissioner Doug Coward, Vice Chairperson
Commissioner Chris Craft
Commissioner Paula Lewis
Commissioner Joseph E. Smith
PASSED AND DULY ADOPTED THIS 22"d DAY OF SEPTEMBER, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK
BY: -----------------------------------------
CHAIRMAN
APPROVED AS TO FORM
AND CORRECTNESS:
COUNTY ATTORNEY
~
..."
RESOLUTION NO. 05-364
A RESOLUTION ADOPTING THE FINAL BUDGET
FOR FISCAL YEAR 2005-2006
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. On September 15,2005, after TRIM notices were mailed to all property owners pursuant to
Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to consider
adopting the Tentative Budget for fiscal year 2005-2006 and adopted the tentative budget.
2. On Septembor 22,2005, after notice published In the Tribune on September 18,2005, the
Board held a Public Hearing and adopted the Final Budget for fiscal year 2005-2006.
3. On September 15,2005, after TRIM notices were mailed to all property owners pursuant to
Section 200.069, Florida Statutes, the St. Lucie County Mosquito Control District, a dependent taxing
district ofthis Board, held a public hearing to consider adopting the Tentative Budget for fiscal year 2005-
2006 and adopted the Tentative Budget.
4. On September 22,2005, after notice published In the Tribune on September 18, 2005, the St.
Lucie County Mosquito Control District held a Public Hearing and adopted the Final Budget for fiscal year
2005-2006.
5. On September 15, 2005, after TRIM notices were mailed to all property owners pursuant to
Section 200.069, Florida Statutes, the St. Lucie County Erosion District, a dependent taxing district of the
Board, held a public hearing to consider adopting the Tentative Budget for fiscal year 2005-2006 and
adopted the Tentative Budget.
6. On September 22,2005, after notice published in the Tribune on September 18,2005, the St.
Lucie County Erosion District held a Public Hearing and adopted the Final Budget for fiscal year 2005-2006.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
A. The following is hereby adopted as the Final Budget for fiscal year 2005-2006:
BOARD OF COUNTY COMMISSIONERS
BUDGET AMOUNT
OPERATING FUNDS WITH MILLAGES
GENERAL FUND
FINE & FORFEITURE FUND
$97,336,770
$59,386,839
G;\BUDGETIWPIBUD GET 061FINAL I05-364'FI NAL'BUDGET'RESOLUTION. DOC
,~ .:,
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~
DEBT SERVICE F.UNDS
BEACH BOND I & S FUND
fMPACTFEES I & S
PORT I & S FUND
CAPITAL PROJECTS I & S
ENVIRONMENTAL LAND I & S FUND
SOUTH COUNTY REGIONAL STADIUM I & S FUND
COMMUNICATIONS SYSTEM I & S
5YR BUILDING BOND I & S FUND
COUNTY CAPITAL I & S
BECKER ROAD I & S
TOURISM DEV 4TH CENT I & S FUND
RIVER BRANCH I & S FUND
STATE REV SHARING BONDS 1& S
$0
$262,163
$594,329
$3,192,710
$2,416,184
$54,406
$1,221,287
$9,102,867
$178,758
$519,592
$1,056,359
$40,064
$3,251,91 °
SPECIAL REVENUE FUNDS
TRANSPORTATION TRUST FUND
GRANTS AND DONATIONS FUND
LIBRARY SPECIAL GRANTS FUND
ADDITIONAL COURT COSTS FUND
DRUG ABUSE FUND
PORT AND AIRPORT
PORT MSBU DEVELOPMENT FUND
PLAN MAINTENANCE RAD
5TH CENT TOURIST DEVELOPMENT FUND
COURT FACILITIES FUND
COURT FACILITIES FUND - COURT COSTS
COURT ADMINISTRATOR 19TH CIRCUIT FUND
HOUSING AUTHORITY
ENVIRONMENTAL LANDS
HOUSING ASSISTANCE SHIP PROGRAM
ßOATlNGIMPROVEMENTPROJECTS
BLUEFIELD RANCH IMPROVEMENTS
$79,680,479
$625,182
$202,326
$0
$31,440
$20,215,985
$101,439
$302,479
$588,497
$2,493,142
$149,828
$2,080,725
$49,286
$0
$1,754,118
$510,950
$107,428
CAPITAL FUNDS
SOUTH COUNTY REGIONAL STADIUM
BEACH BOND
IMPACT FEE FUNDS
FIVE YEAR BUILDING BOND FUND
COUNTY & TRANSPORTATION CAPITAL
COUNTY CAPITAL - ST, REVENUE SHARE BOND
LAKEWOOD PARK CAPITAL FUND
PORT DEVELOPMENT CAPITAL FUND
SHI WASTEWATER TREATMENT
SPORTS COMPLEX IMPROVEMENTS FUND
$0
$227,997
$21,021,423
$11,156,836
$21,020,439
$12,580,000
$0
$0
$0
$315,156
G:\OUDG( TlWI 'IUUDGn 0011' INAL \05·3G~ 'I' I NAL'UUDG( T'11(SOLUTION .DOC
'\"
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MSBU IN-HOUSE LOAN FUNDS
ENVIRONMENTAL LAND CAPITAL
TREASURE COVE/OCEAN HARBOR CAPITAL
LENNARD ROAD (ROAD) MSBU CAPITAL FUND
LENNARD ROAD (WATER) MSBU CAPITAL FUND
LENNARD ROAD (SEWER) MSBU CAPITAL FUND
GREY TWIG MSBU CAPITAL
$620,833
$2,068,052
$2,916,388
$159,633
$58,626
$45,441
$0
ENTERPRISE FUNDS
SOLID WASTE
GOLF COURSE
SPORTS COMPLEX
BUILDING CODE FUND
HEW UTILITIES
NO. HUTCHINSON UTILITIES
NO. HUTCHINSON R&I~
NO. HUTCHINSON CAPITAL
SO. HUTCHINSON UTILITIES FUND
SO. HUTCHINSON R&R FUND
HOLIDAY PINES OPERATIONS
HOLIDAY PINES R & R
HOLIDAY PINES CAPITAL
AIRPORT UTILITIES DISTRICT/CAPITAL
$28,448,889
$1,873,813
$1,924,752
$5,284,628
$121,131
$2,935,431
$233,469
$1,537,250
$2,261,119
$408,550
$1,752,744
$123,286
$3,675,725
$191,750
INTERNAL SERVICE FUNDS
INSURANCE & LOSS
$17,532,230
TRUST AND AGENCY FUNDS
TWO CENT TOURIST DEVELOPMENT
ONE CENT TOURIST DEVELOPMENT-ADV
LAW ENFORCEMENT TRUST FUND
LAW LIBRARY
ARTS IN PUBLIC PL~CES
SLC ECONOMIC DEVELOPMENT
F.F.A. ROAD
SOUTH HUTCHINSON
DRIFTWOOD MANOR
KING ORANGE MSBU
LOST TREE ESTATES MSBU
ANITA STREET MSBU
TIMBERLAKE ESTATES MSBU
BRIARGATE ESTATES MSBU
ROUSE ROAD MSBU
$1,071,110
$731,956
$227,880
$460,692
$800,642
$276,684
$0
$3,850,621
$30,524
$52,849
$11,705
$9,400
$46,746
$3,077
$72,364
G: IIJUDGETIWPIUUDGET OOIl'INAL 105·J04'1'1 NAL'UUDGET'r, E SOLUTI ON. DOC
.. . . ~.··-c· '-'(_,' '-'
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NORTH A1A MSBU
IDEAL HOLDING ROAD MSBU
WESTGLEN MS8U
RAINTREE FOREST MSBU
RIVER BRANCH ESTATES MSBU
GREY TWIG MSBU
TREASURE COVE/OCEAN HARBOR
KING ORANGE 2 MSBU
SKYLARK 2 MSBU
REVELS LANE MSBU
$10,097
$61,414
$45,747
$7,409
$0
$0
$74,344
$9,975
$7,731
$12,979
SPECIAL TAXING DISTRICTS
#1 RIVER PARK I FUND
#2 RIVER PARK" FUND
#3 HARMONY HEIGHTS 3 FUND
#4 HARMONY HEIGHTS 4 FUND
#5 SHERATON PLAZA FUND
#6 SUN LAND GARDENS FUND
#7 SUNRISE PARK FUND
#8 PARADISE PARK
#9 HOLIDAY PINES FUND
#10 THE GROVE
#11 BLAKELY SUBDIVISION FUND
#12 INDIAN RIVER ESTATES FUND
#13 QUEENS COVE LIGHTING DISTRICT
#16 PALM GROVE FUND
#126 SOUTHERN OAKS ESTATES LIGHTING
$49,587
$10,312
$4,567
$9,368
$10,000
$10,560
$3,280
$12,150
$15,415
$3,867
$2,120
$16,762
$5,659
$13,570
$3,243
MUNICIPAL SERVICE TAXING UNITS
UNINCORPORATED SERVICES MSTU FUND (COMM DEV)
STORMWATER MSTU FUND
LAW ENFORCEMENT MSTU
PARKS MSTU
TRANSIT MSTU
MONTE CARLO/MEADOWWOOD LIGHTING MSTU #4
PALM LAKE GARDENS MSTU FUND
PINE HOLLOW MSTU
KINGS HIGHWAY INDUSTRIAL PARK LIGHTING
$4,938,791
$12,438,475
$2,415,867
$21,006,277
$2,039,443
$28,495
$2,889
$11,700
$19,291
MOSQUITO CONTROL DISTRICT
MOSQUITO CONTROL FUND
MOSQUITO CONTROL STATE FUND
$4,763,905
$45,191
EROSION DISTRICT
EROSION DISTRICT
TOTAL BUDGET:
$5,741,933
$489,551,796
G:\BUDGET\WPI8UDGET 06\FINAL I05-364'FINAL'8UDGETRESDLUTIDN,DOC
.'
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After motion and second, the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson
Commissioner Doug Coward, Vice Chairperson
Commissioner Chris Craft
Commissioner Paula Lewis
Commissioner Joseph E. Smith
I
PASSED AND DULY ADOPTED THIS 22"d DAY OF SEPTEMBER, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK
BY:
CHAIRMAN
APPROVED AS TO FORM
AND CORRECTNESS:
COUNTY ATTORNEY
G:\OUDGEnWP\O UDGET 06\FINAL IOs..364'FINAL·OUDGET'R ESOLUTION.COC
'.
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Stonn Water MSTU
Law Enforcement MSTU
Parks MSTU
Transit MSTU
Monte Carlo/Meadowwood Lighting MSTU #4
Palm Lakes Gardens MSTU
Pine Hollow Street Lighting MSTU
Kings Highway Industrial Park Lighting
0.4108
0.3544
0.2500
0.0900
0.4579
0.1956
12,438,475
2,415,867
21,006,277
2,039,443
28,495
2,889
11,700
19,291
7B. Board Discussion of the Millage and the Budgets for the MSTU's.
There was no Board discussion
7C. It was moved by Commissioner Craft, seconded by Commissioner Smith, to
adopt the millages for the MSTU's as listed, and; upon roll call, motion carried
unanimously.
7D. It was moved by Commissioner Lewis, seconded by Commissioner Coward, to
adopt the budgets for the MSTU's as listed, and; upon roll call, motion carried
unanimously.
8. RESOLUTION NO. 05-363 FIXING THE FY 2005-2006 FINAL MILLAGE
RATES
It was moved by Commissioner Craft, seconded by Commissioner Smith., to adopt
Resolution No. 05-363, and; upon roll call, motion carried unanimously.
9. RESOLUTION NO. 05-364 FIXING THE FY 2005-2006 FINAL BUDGETS
It was moved by Commissioner Lewis, seconded by Commissioner Coward, to approve
Resolution No. 05-364, and; upon roll calJ, motion carried unanimously.
There being no ['urlher business thc meeting was adjourned.
--------------------------------
Chainmm, Board County Commissioners
------------------------------
Clerk Circuit Coul'l
5
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
SPECIAL PUBLIC HEARING
Date: September 22, 2005
Tape: 1-2
Convened: 6:00 p.m.
Adjourned: 8:00 p.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Joseph Smith, Chris Craft
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Michael Brillhart, Strategy and Special Projects Director, Millie Delgado-
Feliciano, Deputy Clerk
GROWTH MANAGEMENT
Proposed Adams Ranch Rural Lands Stewardship Comprehensive Plan Amendment-
Consider staff recommendation to approve the Comprehensive Plan Amendment and
transmit to the State Department of Community Affairs.
Mr. Mike Brillhart, Strategy and Special Projects Director presented a staff report and
explained the process. He stated they have looked at this particular comp plan
application and looked to do a couple of things. One, establishing a future land use
overlay creating a specific land use designation which would be a rural land stewardship
area (RLSA) land use designation. This would be done with a specific overlay
designating a sending area and a receiving area.
The sending area would be the Adams Ranch property and the receiving area would be
the Cloud Grove property. There are several comments in the packet from various
departments.
The Consultants, Wilson, Miller will be gave a detail background for adopting a
stewardship lands program.
Mr. Ernie Cox, representing Family Lands Remembered, applicant as well as the Adams
Ranch and the Cloud Grove property addressed the Board and introduced Mike Adams,
Adams Ranch to give some background and show how they got to where they are today.
Mr. Adams read notes from his father who was unable to attend the meeting today. He
stated, .. The question is not about me or how the land has been managed in the past, it is
about St. Lucie County, it's about our children, our grandchildren. Will they work cattle
and horses? Will they grow citrus? Will there be any agriculture? Or will sprawl
envelop the entire county?
The Rural Land Stewardship is a new concept that encourages good management and
development practices. The fact that a project such as this has never been done before is
not a negative. It is an exciting opportunity to be on the cutting edge and a model for
agricultural land preservation, conservation and sound development. ..
Mr. Eric Draper, Deputy Director, Audubon of Florida, representative of the
environmental community gave his perspective of the project.
Mr. Al Reynolds, Planning Consultant, gave an overview of the program.
Mr. Reynolds stated Rural Land Use issues are becoming the focal point for growth
management in Florida. Particularly in high growth counties. Rural Stewardship is the
newest and most innovative tool in the toolbox for land use issues in the state.
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It is an incentive based program that is encouraged by the office of Community Affairs.
Mr. Reynolds commented on the DRI exemption provision under163 and stated there are
several strings attached in order to use this exemption.
Another change that was important in 8t. Lucie County and other parts of the state was
that agriculture is a credit generator. The initial program was based on natural resources
protection. They have put together a proposed model for the program.
Mr. Reynolds reviewed a portion of the plan overlay which he stated had many pieces.
Com. Craft asked how many actual houses are they looking to have built.
Mr. Reynolds stated between 10,000 and 15,000 units.
Com. Coward commented on issues of concern such as environmental and growth
management. He stated it was important when speaking on development outside the
urban service boundary they understand more about the current situation. He is looking at
the current Comprehensive Plan identifying an excess of 200,000 acres of Agricultural
land outside the urban service boundary today. Ifthe zoning of this property is I unit per
5 acres, there are entitlements and private property rights that would equal about 40,000
homes today if they did nothing. This is worst recipe for urban sprawl you could have.
He completely supports the concept, however the specific credit matrix would need to be
scrutinized in more detail for him to have a better comfort level.
Com. Hutchinson reminded everyone there will be plenty of time to review seeing the
requirement of at least 8 public hearings.
Mr. Cox advised the Board of added policies such as school requirement, water and
sewer service, 25 year or greater, restoration credits after restoration is completed.
PUBLIC COMMENTS
Ms. Susan Harris, Flying Rancher resident, addressed the Board with her concems on the
aviation community she lives in and the new area residents moving into these units
complaining about plane noise.
Mr. Jack Coker- Okeechobee resident, addressed the Board in favor of the amendment.
Mr. Michael Brown, Banker, addressed the Board in favor of the amendment.
Mr. Craig Mundt, Hutchinson Island resident, questioned the 10,000 acre transfer.
Mr. Tom Cowan, President, Flying Ranch homeowners, addressed the Board and stated
he had questions about the density and expressed his concern with developers generating
more sending units. He also expressed his concern with the new residents complaining
about the airplane noise.
Mr. Bill Hearn, Indrio Rd., addressed the Board in favor of the amendment and stated he
hoped the Board would expand on the program. He does share concerns that need to be
addressed before approval. He is also having a problem with the receiving areas and
suggested the County purchase credits until they know what will be done in the future
with the TVC concept.
Com. Coward stated they needed to do due diligence and the Regional Planning Council
has played a vital role. He stated he would not be supporting the DRI exemption and
stated he sees a benefit in having input from the Regional Planning Council.
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Com. Lewis stated the undoubted benefits are there, but she will be approving this tonight
with the understanding that they can come back with some of the issues that have been
raised.
It was moved by Com. Smith, seconded by Com. Craft to transmit as amended by the
applicant, and; upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chainnan
Clerk of Circuit Court
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BOARD OF COUNTY COMMISSIONERS
ADDITIONS AGENDA
September 27, 2001
CONSENT AGENDA
CAt. ADMINISTRATION
Planning & Zoning Commission Appointment - Consider staff recommendation to ratify
Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission.
REGULAR AGENDA
RAI. COUNTY ATTORNEY
Resolution No. 05-120 Utility Consolidation Resolution
recommendation to adopt Resolution No. 05-120 as drafted.
Consider staff
RA2. COUNTY ATTORNEY
Update by Heather Young, Assistant County Attorney on the Code Violations issued by
the City of Fort Pierce on ChuclÙ Seafood.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen
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 Community Services Manager at (772) 462-1m or TOO (J72) 462-1428 at least forty-eight (48)
hours prior to the meeting.
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AGENDA REQUEST
ITEM NO. iß I
DATE: September 27, 2005
REGULAR [XX] - ADDITIONS
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Resolution No. 05-120 - Utility Consolidation Resolution
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 05-
120 as drafted.
COMMISSION ACTION: ENCE:
[X] APPROVED [ ] DENIED
[ ] OTHER:
Approved 4-0
Comm. Coward Absent
D glas Anderson
County Administrator
County Attorney:
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Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only. if applicable)
Eff. 5/96
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
05-1606
DATE:
September 26, 2005
SUBJECT:
Resolution No. 05-120 - Utility Consolidation Resolution
*********************************************************************...******
BACKGROUND:
Resolution No. 92-167, adopted on June 11. 1992 and Resolution No. 99-153, adopted on
June 22, 1999, provided for the acquisition and establishment of a separate water and sewer
systems on North Hutchinson Island and Holiday Pines, respectively, and for the issuance of
water and sewer revenue bonds. Resolution No. 05-120 has been drafted in order to effect the
combination and consolidation of the North Hutchinson Water and Sewer System and the
Holiday Pines Water and Sewer System. It is necessary and desirable and in the best interests
of the County and its residents and the customers of the Holiday pines System and the North
Hutchinson System that the two systems be combined and consolidated into a single revenue
producing enterprise of the County.
Resolution No. 05-120, attached, provides for the consolidation.
RECOMMENDATION:
Staff recommends that the Board adopt Resolution No. 05-120 as drafted.
Daniel S. McIntyre
County Attorney
DSM/caf
Attachment
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RESOLUTION NO. 05-120
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, COMBINING, AMENDING AND RESTATING
IN THEIR ENTIRETY RESOLUTIONS NOS. 92-167, ADOPTED ON JUNE 11,
1992, AS AMENDED, AND RESOLUTION NO. 99-153, ADOPTED JUNE 22,
1999, AND ENTITLED, RESPECTIVELY,
"A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, PROVIDING FOR THE ACQillSITION AND ESTABLISHMENT OF A SEPARATE
WATER AND SEWER SYSTEM ON NORTH HUTCHINSON ISLAND AND THE
CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THERETO;
PROVIDING FOR THE ISSUANCE OF NORTH HUTCHINSON ISLAND SYSTEM WATER
AND SEWER REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND
REFUNDING OF CAPITAL PROJECTS WITH RESPECT TO SUCH SYSTEM; PROVIDING
FOR THE ISSUANCE OF NOT EXCEEDING $5,205,000 SERIES 1992 BONDS TO FINANCE
THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1992 PROJECT; PROVIDING
FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND
REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; FIXING THE INITIAL
SCHEDULE OF RATES, FEES AND CHARGES FOR THE SYSTEM; AND PROVIDING AN
EFFECTNE DATE."
AND
"A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST LUCIE COUNTY,
FLORIDA, PROVIDING FOR THE ACQillSITION AND ESTABLISHMENT OF A SEPARATE
WATER AND SEWER SYSTEM IN THE AREA OF THE COUNTY KNOWN AS HOLIDAY
PINES AND THE CONSTRUcrION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS
THERETO; PROVIDING FOR THE ISSUANCE OF HOLIDAY PINES WATER AND SEWER
SYSTEM REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND
REFUNDING OF CAPITAL PROJEcrS WITH RESPECT TO SUCH SYSTEM; PROVIDING
FOR THE ISSUANCE OF NOT EXCEEDING $6,000,000 SERIES 1999 BONDS TO FINANCE
THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1999 PROJECT; PROVIDING
FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND
REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; DELEGATING TO THE
COUNTY ADMINISTRATOR THE AUTHORITY TO AWARD THE SERIES 1999 BONDS AT
NEGOTIATED SALE; AND PROVIDING AN EFFECTNE DATE_"
IN ORDER TO EFFECT THE COMBINATION AND CONSOLIDATION OF
THE NORTH HUTCHINSON WATER AND SEWER SYSTEM AND THE
HOLIDAY PINES WATER AND SEWER SYSTEM; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
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ARTICLE I
STATUTORY AUTHORlTY, DEFINITIONS, AND FINDINGS
SECTION 1.01. AUTHORlTY FOR THIS RESOLUTION. This resolution is adopted
pursuant to the provisions of Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, County
Ordinance No. 87-77, and other applicable provisions ofIaw, and Resolution 92-167 of the County,
adopted June 11, 1992, as amended and supplemented, and Resolution No. 99-153, adopted June
22, 1999.
SECTION 1.02. DEFINITIONS. In this resolution:
"Accounting Principles" means generally accepted accounting principles and practices
applicable to governmental entities, including those applicable to governmentally owned and
operated utility systems such as the Utility System.
"Accreted Value" means, with respect to any Series of Capital Appreciation Bonds as of any
date, the amounts representing principal and accrued interest on Capital Appreciation Bonds as of
such date, which shall be detennined by reference to the Table of Accreted Values.
"Act" means Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, County Ordinance
No. 87-77, and other applicable provisions of law, and Resolution 92-167 of the County, adopted
June 1 I, 1992, as amended and supplemented, and Resolution No. 99-153, adopted June 22, 1999.
"Additional Parity Bonds" means any obligations or portions thereof of the County that may
be issued pursuant to the tenns and conditions of this resolution, which are payable from the
Pledged Revenues on a parity with the Holiday Pines Bonds and the North Hutchinson Bonds,
originally issued under the Holiday Pines Bonds Resolution and the North Hutchinson Bonds
Resolution.
"Airport Utility Facilities" means the water distribution and wastewater collection and
transmission facilities located in the Airport Utility District, as described in the Master Plan.
"Amortization Installment" means, with respect to each maturity of Tenn Bonds of any
Series, 'the principal amounts (or Maturity Amounts) of such Tenn Bonds to be retired in
consecutive years by mandatory redemption from the applicable Bond Amortization Account within
the Sinking Fund; provided, that (i) each such Amortization Installment shall be deemed to be due
on the Interest Payment Date or Principal Maturity Date of each applicable year as is fixed by
resolution of the Board and (ii) the aggregate of such installments for each maturity of Tenn Bonds
shall equal the aggregate principal amount or, if applicable, the Maturity Amounts at maturity, of
Tenn Bonds of such maturity delivered on original issuance.
"Authorized Investments" means securities or obligations which are legal investments for
county funds under the provisions of Section 125.31, Florida Statutes, to the extent not inconsistent
with the tenns of any Credit Facility or with the [onnal investment policy of the County.
"Board" means the Board of County Commissioners, as the governing body ofthe County.
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"Bond Counsel" means a firm of attorneys nationally recognized in the field of municipal
finance law selected by the County whose opinions are generally accepted by underwriters and
other purchasers of obligations issued by state and local governments.
"Bond Register" means the books kept and maintained by the Registrar for the registration
and transfer of Bonds pursuant to Article II hereof.
"Bond Registrar" means the keeper of the Register for the applicable Series, designated by
the County and to serve as paying agent for purposes of making payments of principal of and
interest on the Bonds to the Registered Owners.
Date.
"Bond Year" means each twelve-month period beginning the day after a Principal Maturity
"Bonds" means the North Hutchinson Bonds, the Holiday Pines Bonds and any Additional
Parity Bonds issued pursuant to the terms and conditions of this resolution.
"Book-Entry Form" or "Book-Entry System" means a form or system, as applicable, under
which (i) Bonds are issued to a Depository or to its nominee, as Registered Owner, (ii) Bonds are
held by and "immobilized" in the custody of such Depository, and (iii) records are maintained by
the Depository and/or other persons to identifY and record the transfer of beneficial interests in the
Bonds.
"Business Day" means any day of the year on which banks in the jurisdiction of the County
or in any of the cities in which the designated office of the Paying Agent or the principal office of
any Credit Facility Issuer are located, are not required or authorized by law to remain closed, and on
which the Paying Agent and any Credit Facility Issuer and the New York Stock Exchange, Inc., are
open for business.
"Capital Appreciåtion Bonds" means Bonds, the interest on which shall be (i) compounded
on a periodic basis, (ii) payable only at maturity or upon prior redemption, and (iii) determined by
reference to the Table of Accreted Values.
"Capital Facilities Charges" means any fees or charges which are related to acquiring,
constructing, equipping or expanding capacity and facilities of the Utility System, including, but not
limited to, excess capacity not related to facilities of the Utility System used by current consumers,
if any, existing at the time of acquisition of the Utility System, and which are levied or collected by
the County on or from any governmental body, utility company, real estate developer, or other
Person, for the purpose of reserving capacity in the Utility System, connecting to the Utility System,
or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or
equipping of excess and unused capacity of the Utility System or any expansion thereof, including
Connection Charges but excluding: (1) amounts received from the sale of water; (2) amounts
received for the acceptance, treatment, reuse, or disposal of wastewater; (3) meter installation fees;
(4) Guaranteed Revenue Fees; and (5) other revenues constituting operating revenues (as any of the
foregoing items are defined under the Uniform Service and Extension Policy of the County with
respect to the Utility System); in each case to the extent the same are lawfully available for the
acquisition and construction of Expansion Facilities and for the payment of Capital Facilities
Charges Debt Service Components.
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"Capital Facilities Charges Debt Service Component" means, as of any particular date of
calculation, for any Series of Bonds additionally secured by Capital Facilities Charges, an amount
of Capital Facilities Charges detennined by (1) multiplying the aggregate Debt Service
Requirements for such Series by the applicable Expansion Percentage, and (2) subtracting :trom the
product so obtained all amounts previously transferred :trom the Capital Facilities Charges Fund to
the Sinking Fund) including the Bond Amortization Account therein) pursuant to the provisions of
Section 3.03 hereof.
"Code" means the Internal Revenue Code of 1986, as amended, including, when appropriate,
the statutory predecessor of the Code, and all applicable regulations (whether proposed, temporary
or final) under that Code and the statutory predecessor of the Code, and any official rulings and
judicial detenninations under the foregoing applicable to the Bonds.
"Connection Charges" has the meaning set forth in the Unifonn Service and Extension
Policy of the County.
"Consolidation" means the combination and consolidation of the Holiday Pines System and
the North Hutchinson System, including the combination and commingling of the moneys on
deposit in the funds and accounts established pursuant to the Holiday Pines Resolution and the
North Hutchinson Resolution and combining and consolidating all the Facilities, all as of the
Effective Date. -
"Consulting Engineers" means such qualified, and recognized consulting engineers, (a)
having a favorable reputation for skill and experience in the planning, construction, operation and
financial feasibility of facilities similar to that of the Utility System, (b) registered in the State, and
(c) at the time retained by the County as an independent contractor to perfonn the acts and carry out
the duties as herein provided for such Consulting Engineers.
"County" means S1. Lucie County, Florida, a political subdivision of the State of Florida.
. "Credit Facility" means, with respect to any Series, any municipal bond insurance policy, a
letter of credit, surety bond, guarantee, or other agreement under which any Person other than the
County guarantees timely payment of the principal of and interest on all or a portion of such Series.
With respect to the Holiday Pines Bonds, Credit Facility means the Financial Guaranty Insurance
Policy issued by MBIA Insurance Corporation, and with respect to the North Hutchinson Bonds
means the Municipal Bond Insurance Policies issued by Ambac Assurance Corporation.
"Credit Facility Issuer" means a Person which has provided a Credit Facility or a Reserve
Account Credit Facility in connection with the issuance of any Series of Bonds or any particular
Bonds within a Series. With respect to the Outstanding North Hutchinson Island Bonds, the Credit
Facility Issuer is Ambac Assurance Corporation, and MBIA Insurance Corporation is the Credit
Facility Issuer with respect to the Holiday Pines Bonds.
basis.
"Current Interest Bonds" means Bonds, the interest on which shall be payable on a periodic
"Debt Service" means, for any period or at any time, the principal of, premium, if any, and
interest due on the Bonds for that period or at that time, whether at maturity or redemption or
otherwise.
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"Debt Service Requirement" means, for any Bond Year, as applied to the Bonds of any
Series, the sum of:
(1) the amount required to pay the interest becoming due on the Current Interest
Bonds in such Bond Year;
(2) the amount required to pay the principal of Current Interest Bonds maturing in
such Bond Year;
(3) the amount required to pay the Maturity Amount of Capital Appreciation Bonds
payable in such Bond Year; and
(4) the amount of the Amortization Installment for Tern1 Bonds payable in such
Bond Year.
In calculating the Debt Service Requirement for any period for any Series:
(A) the County shall deduct ITom the an10unts calculated in Subparagraphs (1)
through (4) above: (a) any accrued interest received ITom the sale of such Series and
deposited into the Sinking Fund, (b) any capitalized interest deposited into the Sinking
Fund for such period ITom the proceeds of the sale of such Series or otherwise (and,
while any Bonds are supported by a Credit Facility, held by a bond trustee or paying
agent having combined capital, surplus and undivided profits of at least $50,000,000,
or approved by the Credit Facility Issuer, as agent for the Registered Owners and
invested in Federal Securities); and (c) any Investment Earnings (i) required to be
transferred to the Sinking Fund and accounts established therein with respect to such
Series and (ii) required to be retained therein.
(B) the interest due in any ensuing Bond Year on Variable Rate Bonds shall be
assumed to be one hundred ten percent (110%) of the greater of (a) the daily average
interest rate on such Variable Rate Bonds during the twelve (12) months ending with
the month preceding the date of calculation, or such shorter period that such Variable
Rate Bonds shall have been outstanding, or (b) the rate of interest on such Variable
Rate Bonds on the date of such calculation; and
(C) the stated maturity date of any Tenn Bonds shall be disregarded and the
Amortization Installments applicable to such Tenn Bonds in such Bond Year shall be
deemed to mature in such Bond Year.
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"Defeasance Obligations" means:
. (1) Federal Securities; and
(2) obligations described in Section 103(a) of the Code, provision for the payment
of the Debt Service on which shall have been made by the irrevocable deposit with a
bank or trust company (which is a member of the FDIC and which has a combined
capital, surplus and undivided profits of not less than $50,000,000) acting as a trustee
or escrow agent for holders of such obligations, of securities described in clause (1)
above, the maturing principal of and interest on which, when due and payable, will
provide sufficient moneys, without reinvestment, to pay when due Debt Service on
such obligations, and which securities described in clause (1) above are not available
to satisfy any other claim, including any claim of the trustee or escrow agent or of any
person claiming through the trustee or escrow agent or to whom the trustee or escrow
agent may be obligated, including, in the event of the insolvency of the trustee or
escrow agent, any proceedings arising out of such insolvency, and which are rated
"AAA" by Moody's and "Aaa" by S&P.
"District" means the utility district established by the Board pursuant to Ordinance 04-023,
. enacted by the Board on June 15, 2004, as modified trom time to time.
"Effective Date" means the day that the conditions for Consolidation have been satisfied;
provided, however, that upon satisfaction of such conditions, the Effective Date shall be deemed to
be October 1,2005, the first day of the County's Fiscal Year.
"Expansion Facilities" means additions, extensions and improvements to the Utility System,
together with all lands or interests therein, including plants, buildings, machinery, pipes, mains,
fixtures, equipment, franchises, rights to water or wastewater service and all property, real or
personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the
increased demand upon the Utility System, whether actual or anticipated, created by new users
cOlll1ecting to the Utility System, and shall expressly include that portion of the Utility System
attributable to unused capacity as described in the Project Certificate relating to the Consolidation.
"Expansion Percentage" means, with respect to any Series of Bonds, the fraction equal to that
. portion of the aggregate of the Debt Service Requirements for such Series that is attributable to
Expansion Facilities, if any, as shall be detennined by the Independent Consultant and as set forth in
the Project Certificate relating to such Series.
"Facilities" means all of the physical assets of the Utility System, and all parts thereof, now
or hereafter existing, or any part thereof, by any additions, replacements, bettennents, extensions,
improvements thereto, and property of any kind or nature, real or personal, tangible or intangible,
hereafter constructed or acquired in connection with the Utility System.
"Federal Securities" means direct, noncallable obligations of the United States of America or
obligations on which the timely payment of principal and interest is fully and unconditionally
guaranteed by the United States of America_
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"Fiscal Year" means the period commencing on October 1 of each year and ending on the
succeeding September 30, or such other period as may be prescribed ITom time to time as the fiscal
year for the County.
"Fitch" means Fitch Inc., New York, New York, or any successor thereto.
"Futures" means payments referred to as such in, and made pursuant to, Section 3.03(B) of,
the Holiday Pines Service Corp. Utility System Asset Transfer Agreement between the County and
Holiday Pines Services Corp., dated June 8, 1999.
"Gross Revenues" means all fees, rentals or other charges or other income, (a) including (i)
Guaranteed Revenue Fees and (ii) Investment Earnings required to be deposited into the Revenue
Fund herein created, and (b) excluding (i) Capital Facilities Charges and (Investment Earnings
thereon), and (ii) Net Proceeds of Insurance or Condemnation and (Investment Earnings thereon),
received by the County in connection with the Utility System, or accruing to the County or to any
other board or agency of the County in control of the management and operation of the Utility
System, all as calculated in accordance with Accounting Principles.
"Guaranteed Revenue Fees" has the meaning set forth in the Uniform Service and Expansion
Policies of the County for the Utility System.
"Holiday Pines Bonds" means the County's Holiday Pines Water and Wastewater System
Revenue Bonds, Series 1999, dated July 1, 1999.
"Holiday Pines Bonds Resolution" means Resolution 99-153, adopted by the Board on June
22, 1999, which authorized the Holiday Pines Bonds.
"Holiday Pines Credit Facilities" means Financial Guaranty Insurance Policy No. 29599(1),
dated July 8, 1999, issued by MBIA Insurance Corporation.
"Holiday Pines Pledged Revenues" means the revenues pledged for the payment of the
Holiday Pines Bonds pursuant to the Holiday Pines Bonds Resolution.
"Holiday Pines Reserve Account Credit Facility" means Debt Service Reserve Surety Bond
No. 29599(2), dated July 8, 1999, issued by MBIA Insurance Corporation.
"Holiday Pines Service Area" means the geographical area in the County previously served
by the Holiday Pines System or portions thereof.
"Holiday Pines System" means all the facilities of the Holiday Pines Water and Wastewater
System immediately prior to the Consolidation.
"Independent Certified Public Accountants" means the firm of certified public accountants
(i) licensed to practice public accounting in the State, and (íí) retained by the County as independent
contractors for the purpose of auditing the books and records of the County, including those relating
to the Pledged Revenues, and performing such other functions as are specified in this resolution.
"Independent Consultants" means such firm or firms, consisting of or employing, registered
professional engineers, architects, utility and rate consultants, or other professionals (i) having a
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favorable reputation for the design, maintenance and operation of facilities such as the Utility
System, and (ii) engaged by the County as independent contractors to perform the tasks set forth to
be performed by such Independent Consultant by the provisions of this resolution or by other
official action of the County, and shall include, where applicable, the Consulting Engineers.
"Interest Payment Date" means, with respect to any Series, (a) any date on which interest is
stated to be due on the Current Interest Bonds, as determined by subsequent resolution of the Board
adopted at or prior to the time of sale of such Series, and (b) any date on which interest becomes due
thereon on account of early redemption thereof or on account of the happening of an event which
under the terms of the Bonds, requires a payment of interest to be made thereon, as determined by
subsequent resolution of the Board adopted at or prior to the time of issuance of such Bonds.
"Investment Earnings" means the income or earnings on investment of moneys in the funds
and accounts created hereunder.
"Lakewood Park Utility Facilities" means the water production, treatment, and distribution
faciJities and the wastewater coIlection, transmission and treatment facilities described in the Master
Plan as the "Lakewood Park Subdivision".
"Master Plan" means the "Water and Wastewater Master Plan" for the St. Lucie County
Utilities, Updated February 2004.
"Maturity Amounts" means, with respect to any Capital Appreciation Bonds, the amounts
representing principal and interest on such Capital Appreciation Bonds at maturity.
"Maximum Debt Service Requirement" means, as of any particular date of calculation, the
Debt Service Requirement for the then current or any future Bond Year which is greatest in doIlar
amount with respect to all Outstanding Bonds of the particular Series of Bonds, or all Bonds, as the
case may be.
"Moody's" means Moody's Investors Service, New York, New York, or any successor
thereto.
"Net Proceeds of Insurance or Condemnation" means the gross proceeds of insurance
coverage maintained with respect to the Utility System or any eminent domain award or payment in
lieu of eminent domain award in connection with condemnation of any property to be included as
part of the Utility System, less payment of attorneys' fees and expenses properly incurred in the
coIlection of such amounts.
"Net Revenues" means the Gross Revenues remammg after deducting only Operating
Expenses.
"North Hutchinson Bonds" means, coIlectively, the County's outstanding North Hutchinson
Island Water and Sewer System Revenue Bonds, Series 2002, dated January 1,2002, and its North
Hutchinson Island Water and Sewer System Revenue Refunding Bonds, Series 1997, dated
February 1, 1997 (the "North Hutchinson 1997 Bonds").
"North Hutchinson Bonds Resolution" means Resolution No. 92-167, adopted on June 11,
1992, as amended and supplemented, which authorized the North Hutchinson Bonds.
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"North Hutchinson Bonds Escrow Deposit Agreement" means the agreement between the
County and the North Hutchinson Bonds Escrow Holder, dated as of February 19, 1997, and
providing for the deposit of a portion of the proceeds of the North Hutchinson 1997 Bonds, in trust
with the North Hutchinson Bonds Escrow Holder for the purposes of making payment of the
principal, premium, if specified, and interest on the North Hutchinson Refunded Bonds.
"North Hutchinson Bonds Escrow Holder" means SouthTrust Bank of Florida, National
Association, Fort Lauderdale, Florida.
"North Hutchinson Credit Facilities" means (a) Financial Guaranty Insurance Policy No.
19103BE, dated January 31, 2002, and (b) Municipal Bond Insurance Policy No. l3634BE, dated
February 19, 1997, each issued by Ambac Assurance Corporation.
"North Hutchinson Pledged Revenues" means the revenues pledged for payment of the North
Hutchinson Bonds pursuant to the North Hutchinson Bonds Resolution.
"North Hutchinson Refunded Bonds" means the County's North Hutchinson Island Water
and Sewer System Revenue Bonds, Series 1992, dated June 1, 1992.
"North Hutchinson Service Area" means the geographical area in the County previously
served by the North Hutchinson System or portions thereof.
"North Hutchinson System" means all the facilities of the North Hutchinson Island Water
and Sewer System immediately prior to the Consolidation.
"Operating Expenses" means the current expenses, paid or accrued, of operation,
maintenance and repair of the Utility System and its Facilities and includes, without limiting the
generality of the foregoing, (i) direct charges by the County for services rendered to the Utility
System by other County officers or departments, (ii) insurance premiwns, (iii) charges for the
accumulation of appropriate reserves not annually recurrent but which are such as may reasonably
be expected to be incurred in accordance with Accounting Principles, and (iv) the cost of product
and services purchased by the Utility System for resale to customers of the Utility System in lieu of
providing such product and services by the Utility System directly. "Operating Expenses" shall not
include (i) any allowance for depreciation or other non-cash expenses, except to the extent expressly
herein provided, (ii) any payments pursuant to any condemnation award in connection with the
acquisition of any property to be included as part of the Utility System or (iii) indirect charges,
payments-in-lieu of taxes, or other charges not directly for product or services furnished to the
Utility System. In determining Operating Expenses, there shall not be taken into account: (a) gain
or loss resulting from either the extinguishment or refinancing of any Series or other long-term
indebtedness; (b) loss from the sale, exchange or other disposition of capital assets not made in the
ordinary course of business; and ( c) capital expenditures for renewal, replacement, expansion or
acquisition of capital assets (including any deposits or reserves therefor).
"Outstanding" means as applied to Bonds, as of any applicable time, all Bonds which have
been authenticated and delivered, or which are being delivered, under this resolution, except:
(a) Bonds cancelled upon surrender, exchange or transfer, or cancelled after
purchase in the open market or because of payment at or redemption prior to maturity;
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(b) Bonds, or portions thereof, which are considered no longer Outstanding
pursuant to Section 6.04 hereof;
( c) Bonds, or portions thereof, which are deemed paid upon the redemption or
maturity thereof for which moneys sufficient to pay the Maturity Amount or
Redemption Price thereof have been deposited with the Paying Agent; provided that,
if such Bonds are to be redeemed before the maturity thereof, the Board shall have
adopted a resolution calling such Bonds for redemption and directing the Registrar to
mail notice of redemption to the Owners of Bonds so called for redemption;
(d) Bonds in lieu of which other Bonds have been issued under Section 2.06 or 2.07
hereof.
For purposes of voting, giving directions and granting consents, Bonds held by the County or by an
agent of the County shall not be deemed Outstanding.
"Outstanding Bonds" means, as of the Effective Date, the then Outstanding Holiday Pines
Bonds and North Hutchinson Bonds, as defined in the Holiday Pines Bonds Resolution and the
North Hutchinson Bonds Resolution, respectively.
"Paying Agent" means, with respect to any Series, the Person who is serving as Bond
Registrar for such Series, unless otherwise provided by resolution of the Board.
"Person" or words importing persons, means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities and natural persons.
"Pledged Revenues" means (i) the Net Revenues and (ii) the Capital Facilities Charges (in an
amount not to exceed the Capital Facilities Charges Debt Service Component) and (iii) the moneys
on deposit in the funds and accounts established hereunder until expended for the purposes provided
herein.
"Principal Maturity Date" means with respect to any Series, the annual or other periodic date
on which (i) principal matures on the Current Interest Bonds or (ii) Maturity Amounts are payable
on Capital Appreciation Bonds, as determined by subsequent resolution of the Board adopted at or
prior to the sale of such Series and, in each case, includes applicable dates on which Amortization
Installments are required to be applied to retire Term Bonds.
"Project" means the acquisition and construction of additions, extensions and improvements
to the System and all purposes incidental thereto, substantially in accordance with reports, plans and
specifications of the County's Independent Consultant filed with the County, and, with respect to
any particular Series, may have such meaning specified in the related authorizing resolution with
respect to any portion of the Project to be financed thereby.
"Project Certificate" means the certificate of the Independent Consultant filed with the
County at or prior to the date of delivery of any Series of Bonds and setting forth (i) the estimated
total cost ofthe Project to be constructed with the proceeds of such Bonds, (ii) the estimated cost of
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the Expansion Facilities portion of the Project, (iii) the Expansion Percentage, and (iv) the Capital
Facilities Charges Debt Service Component.
"Project Costs" means, but shall not necessarily be limited to: the cost of the construction
and acquisition of additions, extensions, and improvements to the Utility System; the acquisition of
any lands or interests therein or any other properties deemed necessary or convenient therefor;
engineering, accounting, and legal fees and expenses; expenses for plans, specifications and
surveys; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors
and consultants; administrative expenses; the capitalization of interest on the Bonds authorized
hereby for a reasonable period of time after the date of issuance and delivery thereof; the
establishment of reasonable reserves for the payment of Debt Service on the Bonds; discount upon
the sale of the Bonds; the expenses and costs of issuance of the Bonds; the cöst of purchasing any
Credit Facility or Reserve Account Credit Facility with respect to the Bonds; such other expenses as
may be necessary or incidental to any financing authorized pursuant to this resolution, to any
Project, and to the placing ofthe same in operation; and reimbursement to the County for any sums
expended for the foregoing purposes, including, in particular, any costs, fees or expenses incurred,
or any deposit required, in connection with any action of eminent domain for purposes of acquiring
the Project. In connection with any particular Series of Bonds, Project Costs shall mean those of the
foregoing costs which are to be paid or financed by proceeds of such Series.
"Project Fund" means any fund authorized, created and established by the County pursuant
to this resolution for the payment of Project Costs.
"Rating Agency" means Fitch, Moody's, and/or S&P, if and to the extent that such company
at the time maintains a published rating on any Bonds.
"Record Date" means, when used with respect to any Series, the fifteenth day of the calendar
month next preceding an Interest Payment Date applicable to that Series, or such other date as may
be specified by subsequent resolution of the Board.
"Redemption Date" means, for any Series, any date as of which Bonds are called for
redemption prior to maturity.
"Redemption Price" means the sum, expressed as a percentage of the principal amount of
Bonds to be redeemed, to be paid to the Registered Owners of any Bonds upon the Redemption
Date.
"Refunding" means any program for refinancing or refinancing Bonds prior to the maturity
thereof.
"Refunding Costs" means, but shall not necessarily be limited to: the cost of payment of the
principal of, premium, if specified, and interest on any Bonds; expenses for estimates of costs and of
revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; the
capitalization of interest on the Bonds for a reasonable period of time after the date of issuance and
delivery thereof; the establishment of reasonable reserves for the payment of Debt Service on the
Bonds; discount upon the sale of Bonds; the expenses and costs of issuance of Bonds; the cost of
purchasing any Credit Facility or Reserve Account Credit Facility with respect to Bonds; such other
expenses as may be necessary or incidental to any Project financing, to any Refunding, and to the
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accomplishing thereof and reimbursement to the County for any sums expended for the foregoing
purposes.
"Registered Owner" or "Owner" means any Person who shall be the owner of any
Outstanding Bond or Bonds as shown on the Register maintained by the Bond Registrar.
"Renewal and Replacement Fund Requirement" means an amount, determined as of the
beginning of each Fiscal Year, equal to one-twelfth (1/12) of five percent (5%) of the Gross
Revenues (excluding Guaranteed Revenue Fees) for the preceding Fiscal Year.
"Reserve Account Credit Facility" means a policy of insurance, an irrevocable letter of
credit, surety bond or other insurance or financial product which provides for payment of amounts
equal to all or a portion of the Reserve Account Requirement in the event of an insufficiency of
moneys in the Sinking Fund to pay principal of and interest on any Series or installment of the
Bonds, and which meets the criteria set forth in Section 3.03(E)(5) hereof
"Reserve Account Credit Facility Costs" means the amounts the County is required to pay a
Credit Facility Issuer as a result of a draw thereunder or otherwise pursuant to such Reserve
Account Credit Facility or any related agreement.
"Reserve Account Credit Facility Coverage" means the amount then available to be paid to
the Paying Agent under the terms of the Reserve Account Credit Facility at any particular time.
"Reserve Account Requirement" means the lesser of (1) the Maximum Debt Service
Requirement for all Bonds or for the Bonds of a Series, as the case may be, then Outstanding or (2)
the maximum aggregate amount allowed under the provisions of the Code to be funded as a
reasonably required reserve ÍÌom the proceeds of Bonds or for the Bonds of a Series, as the case
may be, and/or Additional Parity Bonds.
"Reserve Account Value" means the aggregate of the Reserve Account Credit Facility
Coverage and the value of moneys and Authorized Investments credited to the Reserve Account.
The values of such Authorized Investments are to be calculated as provided in Section 3.03(E)(5)
hereof
"S&P" means Standard & Poor's Corporation, New York, New York, or any successor
thereto.
"Serial Bonds" means any Current Interest Bonds or Capital Appreciation Bonds for the
payment of the principal of which, no fixed mandatory sinking fund or redemption deposits are
required to be made prior to the 12-month period immediately preceding the stated date of maturity
of such Bonds.
"Series" means an amount of Bonds designated by the County as a single series, which may
be issued in one or more installments.
"Service Area" means the area within the boundaries ofthe District.
"State" means the State of Florida.
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"Subordinate Debt" means any obligations issued or incurred by the County and payable
from the Pledged Revenues which are junior and subordinate to any Bonds issued pursuant to this
resolution as to security for payment from such Pledged Revenues and in all other respects.
"System" means the combined and consolidated Water System and Wastewater System.
"Table of Accreted Values" means, with respect to any Capital Appreciation Bonds, the table
which shows the sum of the principal and interest on such Bonds as of each Interest Payment Date.
"Term Bonds" means the Current Interest or Capital Appreciation Bonds of a Series, all of
which shall be stated to mature on one date and which are subject to retirement by operation of the
applicable Bond Amortization Account in the Sinking Fund herein established.
"Uniform Service and Extension Policy" means the policy for the extension of services and
facilities, pursuant to Resolution No. 99-106, adopted by the Board on May 18, 1999, as amended
from time to time.
"Utility System" means the Water System and the Wastewater System comprised of the
combined and consolidated North Hutchinson System and the Holiday Pines System together with
any additions, extensions and improvements thereto.
"Variable Rate Bonds" means Bonds, the interest rate on which is subject to adjustment at
such times and in such manner as shall be determined by the Board prior to the sale thereof.
"Wastewater System" means the system for the collection, treatment and discharge/reuse of
wastewater located in the County, together with any additions, extensions and improvements
thereto, both within and without the boundaries of the County, hereafter constructed or acquired and
determined by the County to be added thereto, either from the proceeds of Bonds authorized by this
resolution or from any other source, and shall include, without being limited to, all facilities for the
collection, treatment and discharge/reuse of wastewater, including plants, buildings, machinery,
franchises, pipes, fixtures, equipment and all property, real or personal, tangible or intangible, now
or hereafter owned or used in connection with the Wastewater System and shall specifically include
the wastewater facilities of the Holiday Pines System, the North Hutchinson System, the Airport
Utility Facilities and the Lakewood Park Utility Facilities.
"Water System" means the water production, treatment and distribution system located in
the County, together with any additions, extensions and improvements thereto, both within and
without the boundaries of the County, hereafter constructed or acquired and determined by the
County to be added thereto, either from the proceeds of Bonds authorized by this Resolution or
from any other source, and shall include, without being limited to, all facilities for the production,
treatment, supply and distribution of water, including wells, mains, pumping stations, tanks,
machinery and equipment, plants, buildings, franchises, and all property, real or personal, tangible
or intangible, now or hereafter owned or used in connection with the Water System.
SECTION 1.03. INTERPRETATION. Any reference herein to the County, to the Board or
to any member or officer of either, includes entities or officials succeeding to their respective
functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their
functions.
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Unless the context clearly indicates otherwise, any reference to a section or provision of the
Constitution of the State or the Act, or to a section, provision or chapter of the Laws of Florida or
the United States of America, includes that section, provision or chapter as amended, modified,
revised, supplemented or superseded from time to time; provided, that no amendment, modification,
revision, supplement or superseding section, provision or chapter shall be applicable solely by
reason of this provision, if it constitutes in any way an impairment of the rights or obligations of the
County, the officers, employees and members of the Board, the Registrar, the Paying Agent, the
Registered Owners, or any Credit Facility Issuer under this resolution, the Bonds, or any other
instrument or document entered into in connection with any ofthe foregoing.
Unless the context indicates otherwise, words importing the singular number include the
plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and
similar terms refer to this resolution; and the term "hereafter" means after and the term "heretofore"
means before the date ofthis resolution. Words of any gender include the correlative words of the
other genders, unless the context indicates otherwise.
SECTION 1.04. CAPTIONS. The captions and headings herein are solely for convenience
of reference and in no way define, limit or describe the scope or intent of any Articles, Sections,
subsections, paragraphs, subparagraphs or clauses hereof
SECTION 1.05. FINDINGS. It is hereby ascertained, determined, and declared as follows:
(A) The County now owns the Holiday Pines System and the North Hutchinson
System and operates the Holiday Pines System and the North Hutchinson System as separate and
distinct revenue producing enterprises of the County.
(B) It is necessary and desirable and in the best interests of the County and its
residents and the customers of the Holiday Pines System and the North Hutchinson System that the
two Systems be combined and consolidated into a single revenue producing enterprise of the
County.
(C) The County currently has outstanding the Holiday Pines Bonds and the
North Hutchinson Bonds. The Holiday Pines Bonds are payable from and secured by a lien upon
and pledge of the Holiday Pines Pledged Revenues and by the Covenant contained in Section
3.03(G) of the Holiday Pines Bonds Resolution, and the North Hutchinson Bonds are payable from
and secured by a lien upon and pledge of the North Hutchinson Pledged Revenues.
(D) The County is authorized pursuant to the provisions of Section 5.01(F)(iv)
and 5.01(L) ofthe North Hutchinson Bonds Resolution and Section 5.01(F)(iv) and 5.01(L) of the
Holiday Pines Bonds Resolution to combine and consolidate the Holiday Pines System and the
North Hutchinson System, provided (a) that certain financial tests set for therein have been met, (b)
that certain opinions of the Independent Consultant have been received and ( c) that the consent of
the Credit Facility Issuer has been granted. The County has been advised that these conditions will
be satisfied as of the Effective Date.
(E) Subsequent to the Consolidation, (1) the funds and accounts established
pursuant to the Holiday Pines Bonds Resolution shall be combined and consolidated with the
corresponding funds and accounts established pursuant to the North Hutchinson Bonds
Resolution, and shall thereafter consist of one set of funds and accounts, as provided for herein;
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(2) the Holiday Pines Bonds and the North Hutchinson Bonds shall be deemed to be Bonds, as
defined herein, Outstanding under the provisions of this resolution and shall be payable on a
parity from the Pledged Revenues, without distinction of any of such Bonds over any other of
such Bonds; (3) all of the Bonds shall be entitled to the benefits and protections of the provisions
of this resolution, without distinction of any of such Bonds over any other of such Bonds;
provided that the Holiday Pines Bonds Credit Facilities shall continue to be solely for the benefit
of the Holiday Pines Bonds, and the North Hutchinson Bonds Credit Facilities shall continue to
be solely for the benefit of the North Hutchinson Bonds.
(F) The Pledged Revenues are estimated to be sufficient to pay, as the same
become due and payable, the Debt Service Requirement on the Outstanding Bonds, and all other
payments required to be made by the provisions of this resolution.
(G) Payment of the Debt Service Requirement, payments to maintain the
Reserve Account Requirement, and payments required to be made to the Renewal and Replacement
Fund, shall be secured solely by a lien upon and pledge of the Pledged Revenues as provided herein.
No Bonds issued hereunder shall ever constitute a general obligation or indebtedness of the County
and no Registered Owner or Credit Facility Issuer shall ever have the right to compel a levy of ad
valorem taxes upon any property within or without the County to pay the Bonds or the interest
thereon or be entitled to payment of the Bonds from any source other than the Pledged Revenues.
The Bonds shall not constitute a lien upon the Utility System, any Project, or upon any other
properties leased by, owned by or located within or without the County or located within the
boundaries of the Service Area, other than the Pledged Revenues, and then only in the manner
provided herein.
(H) The County, subsequent to the Consolidation, is entitled to release the
Covenant, and MBIA Insurance Corporation, the issuer of the Holiday Pines Credit Facilities, has
given its consent to the release of the Covenant contained in Section 3.03(G) of the Holiday Pines
Bond Resolution. It is necessary, desirable, and in the best interests of the County that the Covenant
be released in connection with the Consolidation.
(I) The Bonds shall not be or constitute general obligations or indebtedness of
the County as "bonds" within the meaning of any provision of the Constitution of the State, but
shall be and are hereby declared to be special, limited obligations of the County, the principal of,
premium, if any, and interest on which are payable from and secured solely by the Pledged
Revenues in the manner provided herein. The principal of, premium, if any, and interest on the-
Bonds and all other payments provided for herein will be secured solely by the Pledged Revenues,
and no Registered Owners shall ever have the right to require or compel the County to levy taxes on
any real property of or in the County to pay the principal of, premium, if any, and interest on the
Bonds or to make any of the sinking fund, reserve, or other payments provided for herein.
Furthennore, neither the Bonds nor the interest or premium, if any, thereon, shall be or constitute a
lien upon the System or upon any other property of or in the County, other than the Pledged
Revenues, in the manner provided in this Resolution.
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SECTION 1.06. RESOLUTION CONSTITUTES A CONTRACT. Pursuant to the
provisions of the Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution, this
resolution shall be deemed to be the contract between the Registered Owners of the Outstanding
Bonds and the provisions hereof shall be deemed to supersede and replace the provisions of the
Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution with respect to such
Outstanding Bonds. In consideration of the acceptance of Bonds hereafter issued hereunder by
those who shall be the Registered Owners of the same from time to time, and of the issuance of any
Credit Facility or Reserve Account Credit Facility by any Credit Facility Issuer, this resolution shall
be deemed to be and shall constitute a contract by and among the County, such Registered Owners
and the Credit Facility Issuer, and the covenants and agreements herein set forth to be perfonned by
the County shall be for the equal benefit, protection, and security of the Registered Owners of any
and all such Bonds and Credit Facility Issuers, and all of the Bonds Outstanding hereunder at any
time shall be of equal rank and without preference, priority, or distinction of any of the Bonds over
any other thereof, except as expressly provided therein or herein. This resolution shall further be
deemed to be a contract between the County and the holders of any Subordinate Debt which may be
Outstanding hereunder from time to time subject and subordinate to the contract between the
County and the Registered Owners of Bonds.
(End of Article I)
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ARTICLE II
AUTHORIZATION OF BONDS; AUTHORIZATION OF CONSOLIDATION;
DESCRIPTION, DETAILS AND FORM OF BONDS
SECTION 2.01 AUTHORIZATION OF CONSOLIDATION. The Consolidation is
hereby authorized and approved, subject only to the County's compliance as of the Effective Date
with the requirements therefor contained in Sections 5.01(F)(iv) and 5.02(L) of the Holiday Pines
Bonds Resolution and the North Hutchinson Bonds Resolution and the County's receiving such
opinions and assurances as of the Effective Date as are deemed necessary or advisable by the
County Attorney and Bond Counsel to the County. The Outstanding Bonds shall from and after the
Effective Date be deemed to be Outstanding pursuant to the terms of this resolution. -
SECTION 2.02. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions
of this resolution, obligations of the County, to be known as "Utility System Revenue Bonds", are
hereby authorized to be issued from time to time for the purpose of financing Project Costs and
Refunding Costs.
SECTION 2.03. DESCRIPTION OF BONDS. The Bonds of each Series shall be
numbered; shall be in such denominations or maturity amounts; shall be dated as of the date of their
delivery or such other date prior to the date of their delivery; shall bear interest at not exceeding the
maximum rate allowed by law; payable on such dates; shall mature on the first day of such month,
in such years, not to exceed forty (40) years from the date thereof, and in such amounts; and may be
issued as Current Interest Paying Bonds, Capital Appreciation Bonds, Variable Rate Bonds, Serial
Bonds, Term Bonds, or any combination thereof; all the foregoing as shall be determined by
subsequent resolution of the Board adopted at or prior to the time of sale of any Series of the Bonds.
Prior to the issuance and delivery of Term Bonds, the Board shall designate Amortization
Installments for each maturity thereof, and (i) each such installment shall be deemed to be due on
the Interest Payment Date or Principal Maturity Date of each applicable year as is fixed by
resolution of the Board and (ii) the aggregate of such installments for each maturity shall equal the
aggregate principal amount of Term Bonds of such maturity delivered on original issuance (or, with
respect to Capital Appreciation Bonds, the aggregate principal amount of Term Bonds of such
maturity delivered on original issuance plus the interest accrued thereon to the applicable
Redemption Dates).
The Bonds may be issued in Series or installments from time to time. Different installments
and Series of the Bonds may have such characteristics as shall be provided herein and by
subsequent resolution of the Board and shall bear a designation to distinguish such Series or
installment from other Series or installments of the Bonds.
The Bonds of each Series shall be issued in fully registered form; shall be payable with
respect to principal at the office of the Paying Agent; shall be payable in lawful money of the United
States of America; and shall bear interest from their date, or from the most recent date to which
interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft
mailed to the Registered Owner at his address as it appears upon the books of the Bond Registrar as
of 5:00 P.M. Eastern Time on the Record Date, and in the case of Capital Appreciation Bonds, at
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maturity upon presentation at the office of the Paying Agent; provided that, for any Registered
Owner of one million dollars ($1,000,000) or more in principal amount of Bonds, such payment
shall, at the written request of such Registered Owner, be made by wire transfer or other medium
acceptable to the County and to such Registered Owner.
SECTION 2.04. EXECUTION AND AUTHENTICATION OF BONDS. The Bonds of
each Series shall be executed in the name of the County by the Chairman or Vice-Chairman of the
Board, and countersigned and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio
Clerk or Deputy Clerk of the Board, and the corporate seal of the County or Board or facsimile
thereof shall be affixed thereto or reproduced thereon. The signatures of the Chairman or
Vice-Chairman and the Clerk or Deputy Clerk may be manual or facsimile signatures imprinted or
reproduced thereon.
The Registrar shall serve as authenticating agent for the Bonds and is authorized to
authenticate Bonds. No Bond shall be valid or obligatory for any purpose or be entitled to any
security or benefit under the provisions of this resolution until the certificate of authentication on the
Bonds shall have been signed by an authorized signer of the authenticating agent. The authorized
signature for the Registrar shalJ be either manual or in facsimile, provided, however, that at least one
of the above signatures, including that of the authorized signature for the Registrar, appearing on the
Bonds shall be a manual signature. The authentication by the Registrar upon any Bond shall be
conclusive evidence that the Bond so authenticated has been duly delivered hereunder and is
entitled to the security and benefit hereof.
In case any officer who shall have signed or sealed any of the Bonds shall cease to be such
officer of the County before the Bonds have been delivered, such Bonds may nevertheless be sold
and delivered as herein provided and may be issued as if the person who signed or sealed such
Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the
County by such person as at the actual time of the execution of such Bond shall hold the proper
office in the County, although at the date of such Bonds such person may not have held such office.
SECTION 2.05. NEGOTIABILITY AND REGISTRATION, TRANSFERABILITY AND
EXCHANGE. (a) The Bonds shall be and have all the qualities and incidents of negotiable
instruments under the Uniform Commercial Code - Investment Securities Laws of the State of
Florida, and each successive Registered Owner, in accepting any of said Bonds shall be
conclusively deemed so to have agreed.
(b) The provisions of this Section 2.05(b) shall apply to any Series for which the County has
not elected to utilize a Book-Entry System or issue such Series in Book-Entry Form. The Registrar
shall be responsible for maintaining the Bond Register. Any Registrar, other than the County, shall
be a transfer agent qualified to act under the provisions of Section 17 A( c) of the Securities
Exchange Act of 1934, as amended. The County and the Registrar may treat the Registered Owner
of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be
overdue, and shall not be bound by any notice to the contrary.
All Bonds presented for transfer or exchange (if so required by the County or the Registrar)
shall be accompanied by a written instrument or instruments of transfer or authorization for
exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly
executed by the Registered Owner or by his duly authorized attorney.
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The Registrar or County may charge the Registered Owner a sum sufficient to reimburse it
for any expenses incurred in making any exchange or transfer after the first such exchange or
transfer following the initial delivery of the Bonds. The Registrar or the County may also require
payment ITom the Registered Owner or his transferee, as the case may be, of a sum sufficient to
cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such
charges and expenses shall be paid before any new Bonds shall be delivered.
The County and the Registrar shall not be required to issue, transfer or exchange any Bonds
(a) during a period beginning at the opening of business on the Record Date and ending at the close
of business on the next succeeding Interest Payment Date or (b) selected for redemption in whole or
in part, whether or not notice of redemption has been formally published.
New Bonds delivered upon any transfer or exchange shall be valid obligations of the County,
evidencing the same debt as the Bonds surrendered, shall be secured by this resolution, and shall be
entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered.
Whenever any Bond shall be delivered to the Registrar for cancellation, upon payment of the
principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and
destroyed by the Registrar as authorized by law, and counterparts of a certificate of destruction
evidencing such destruction shall be furnished to the County.
(c) The County may elect to use a Book-Entry System for issuance and registration of the
Bonds of any Series, and the details of any such system shall be fixed by the Board prior to the time
of issuance of such Bonds.
SECTION 2.06. REPLACEMENT OF BONDS MUTILATED, DESTROYED, STOLEN
OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar
may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated,
destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender
and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen
or lost, upon the Registered Owner's furnishing the Registrar proof of his ownership thereof (ifIost,
stolen or destroyed), satisfactory indenmity in favor of both the County and the Registrar,
complying with such other reasonable regulations and conditions as the Registrar and County may
prescribe, and paying (in advance if required by the county) such expenses and attorneys fees as the
County may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have
matured or are about to mature, instead of issuing a substitute Bond, the Registrar may pay the
same, upon compliance with the foregoing conditions.
Any such duplicate Bonds issued pursuant to this section shall constitute original, additional
contractual obligations on the part of the County, whether or not any lost, stolen or destroyed Bonds
are found.
SECTION 2.07. TEMPORARY BONDS. Until Bonds in definitive fonn are ready for
delivery, the County may deliver in lieu of such definitive Bonds, and subject to the same
provisions, limitations and conditions, one or more printed or typewritten Bonds in temporary fonn,
substantially of the tenor of the Bonds, with appropriate omissions, variations. The County shall
deliver Bonds in definitive fonn without unreasonable delay in exchange for the temporary Bonds.
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SECTION 2.08. BOND ANTICIPATION NOTES. In anticipation of the delivery of any
Series, the County may issue anticipation notes, in the aggregate principal amount not to exceed the
authorized aggregate principal amount of such Series. Provisions regarding the fonn of such
anticipation notes and the security therefor shall be set forth in a separate resolution of the Board
adopted at or prior to the time of sale of such anticipation notes.
SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds of any series may be
redeemable, by operation of the applicable Bond Amortization Account or, at the option of the
County, as provided by subsequent resolution of the Board adopted prior to the delivery of the
Bonds; provided, that no optional redemption of Bonds shall be pennitted while any Reserve
Account Credit Facility Costs remain outstanding and unpaid. Notice of such redemption shall be
given as provided herein.
(A) Not more than sixty (60) calendar days or less than thirty (30) calendar days prior to the
Redemption Date, notice of any such redemption, which shall be dated and state (a) the Redemption
Date, (b) the Redemption Price, (c) the identification and respective principal amount of Bonds to
be redeemed if less than all Bonds are to be redeemed, (d) that on the Redemption Date the
Redemption Price will become due and payable on the Bonds or portions thereof called for
redemption, (e) that interest on each such Bond shall cease to accrue from and after such date, and
(f) the place where the Bonds are to be surrendered for payment ofthe Redemption Price (i) shall be
filed with the Registrar, and (ii) shall be mailed, postage prepaid, to all Registered Owners of Bonds
to be redeemed at their addresses as they appear on the Bond Register. Notice of Redemption of
Bonds, other than by operation of the Bond Amortization Account and other than pursuant to any
plan of advanced refunding of Bonds, shall be provided as set forth herein only from and to the
extent that funds sufficient to pay the Redemption Price and accrued interest on the Bonds to be
redeemed are on deposit in the funds and accounts held by the Paying Agent and available for such
purpose on the date the notice of redemption is mailed. Interest shall cease to accrue on the
Redemption Date on any Bonds duly called for prior redemption for which payment has been duly
provided. Failure of any Registered Owner to receive notice properly provided shall not affect the
validity of any such proceedings for redemption or the cessation of the accrual of interest on any
Bonds called for redemption from and after the Redemption Date.
(B) In addition to the foregoing notice, further notice shall be given as set out below, but no
defect in any such notice nor any failure to give all or any portion of any notice shall in any manner
defeat the effectiveness of a call for redemption with respect to a Registered Owner as to which
notice is given as prescribed Paragraph A above. Each further notice of redemption given
hereunder shall contain the infonnation required above for an official notice of redemption plus: (i)
the date of the Bonds being redeemed; (ii) the rate of interest borne by the Bonds being redeemed;
(iii) the maturity date of the Bonds being redeemed; (iv) the CUSIP number of the Bonds being
redeemed; and (v) any other descriptive infonnation needed to identify accurately the Bonds being
redeemed.
Each further notice of redemption under this Paragraph B shall be sent at least thirty-two
(32) days before the Redemption Date by registered or certified mail or overnight delivery service
(at the expense of the addressee) to the Credit Facility Issuer and to all registered securities
depositories then in the business of holding substantial amounts of obligations of types such as the
Bonds (such depositories now being The Depository Trust Company of New York, New York, New
York; the Midwest Securities Trust Company of Chicago, lllinois; and the Philadelphia Depository
Trust Company of Philadelphia, Pennsylvania) and to one or more national infonnation services that
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disseminate notices of redemption of obligations such as the Bonds (such as Financial Infonnation,
Inc.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny
Infonnation Service's Called Bond Service and Standard & Poor's Called Bond Record).
SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be provided for by
subsequent resolution adopted prior to the issuance thereof.
(End of Article II)
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ARTICLE III
PLEDGE OF REVENUES AND APPLICATION THEREOF
SECTION 3.01. BONDS NOT GENERAL OBLIGATIONS OR INDEBTEDNESS OF
THE COUNTY. The Bonds, the premium, if any, and the interest thereon shall not be or constitute
general obligations or indebtedness of the County (or "bonds" within the meaning of the
Constitution of the State of Florida), but shall be payable from and secured solely by a lien upon and
a pledge of the Pledged Revenues as herein provided. No Registered Owner or Owners of any
Bonds or any Subordinate Debt issued hereunder shall ever have the right to compel the exercise of
the ad valorem taxing power of the County or taxation in any fonn of any property within or
without the County to pay the Bonds or any Subordinate Debt, the premium, if any, or the interest
thereon or be entitled to payment of such principal, premium, if any, and interest from any other
funds of the County except fì:om the Pledged Revenues in the manner provided herein. The Bonds
and the Subordinate Debt, the premium, if any, and the interest thereon, shall not have or be a lien
upon any Project, any Facilities, the Consolidated System or any property of or in the County or
within the Service Area, other than the Pledged Revenues in the manner provided herein.
SECTION 3.02. BONDS SECURED BY PLEDGED REVENUES. The payment of the
principal, premium, if any, and interest on all of the Bonds Outstanding and issued hereunder shall
be secured forthwith equally and ratably with the other Bonds by a lien upon and pledge of the
Pledged Revenues. The Pledged Revenues, in an amount sufficient both to pay the principal of,
premium, if any, and interest on the Bonds and to make the payments into the Reserve Account and
Sinking Fund and all other payments provided for in this resolution are hereby irrevocably pledged
in the manner stated herein to the payment of the principal of, premium, if any, and interest on the
Bonds as the same become due; provided that said pledge and lien may be released and
extinguished by defeasance as provided in Section 6.04 hereof. Notwithstanding the foregoing, no
provision hereof is intended to prohibit the payment of the principal of, premium, if any, and
interest on any Series from, or the pledging to such payment of, any lawfully available additional
revenues, reserves, security, documents, obligations or sources offunds.
SECTION 3.03. APPLICATION OF PLEDGED REVENUES. For as long as any of the
principal of, premium, if any, and interest on any of the Bonds or the Subordinate Debt shall be
outstanding and unpaid or until (a) there shall have been set apart in the Sinking Fund, herein
established, including any subaccounts therein for any Series of Bonds and the Subordinate Debt,
and the Reserve Account and Bond Amortization Account (and subaccounts therein) a sum
sufficient to pay when due the entire principal amount of the Bonds remaining unpaid, together with
the premium, if any, with respect thereto, and the interest accrued or to accrue thereon, or (b)
provision for payment of the Bonds shall have been made in accordance with the tenns of Section
6.04 hereof and the lien of the Bonds upon the Pledged Revenues shall have been defeased, the
County covenants with the Registered Owners of any and all Bonds as follows:
(A) CREATION OF FUNDS AND ACCOUNTS. There are hereby created and
established the following funds and accounts: the Utility System Revenue Fund, hereinafter
referred to as the "Revenue Fund"; the Utility System Capital Facilities Charges Fund, hereinafter
called the "Capital Facilities Charges Fund", together with the "Water System Capital Facilities
Charges Account" and the "Sewer System Capital Facilities Charges Account" therein; the Utility
System Revenue Bonds Sinking Fund, hereinafter called the "Sinking Fund", together with the
'-'
....",
accounts therein to be known as the "Bond Amortization Account" (together with any subaccounts
therein) and the "Reserve Account", including, in the Reserve Account, the "Holiday Pines Reserve
Subaccount" and the "North Hutchinson Reserve Subaccount"; the Utility System Renewal and
Replacement Fund, hereinafter called the "Renewal and Replacement Fund", the Utility System
Subordinate Debt Service Fund, hereinafter called the "Subordinate Debt Service Fund"; and the
Utility System Project Fund, hereinafter referred to as the "Project Fund;" provided that separate
Sinking Funds, and separate accounts and subaccounts in any of the foregoing may be established
and maintained for different Series or installments of Bonds. The corresponding funds and accounts
created pursuant to the North Hutchinson Bonds Resolution. and the Holiday Pines Bonds
Resolution shall be combined and consolidated into the foregoing funds and accounts as of the
Effective Date.
(B) MAINTENANCE OF FUNDS AND ACCOUNTS. The designation and
establishment of the various funds and accounts in and by this resolution shall not be construed to
require the establishment of any completely independent, self-balancing funds or accounts, as such
terms are commonly defined and used in governmental accounting, but rather is intended solely to
constitute an earmarking of Pledged Revenues for certain purposes and to establish certain priorities
for application of such Pledged Revenues as provided herein. Cash and Authorized Investments
required to be accounted for in each of the funds and accounts established by this resolution may be
deposited in a single bank account, provided that accounting records, prepared in accordance with
Accounting Principles are maintained to reflect control or restricted allocation of the moneys therein
for the various purposes of sllch funds and accounts.
Deposits into the accounts for any Series or installment of Bonds shall be on a parity with
the deposits, if any, into the corresponding accounts for each other Series or installment of Bonds
(or, in the case of a deficiency, shall be on a pro rata basis computed with regard to the aggregate
principal amount of Bonds of each Series or installment then Outstanding) unless specified
otherwise; further provided that moneys on deposit in the accounts established for a particular Series
or installment of Bonds may be specified not to be available to be used for payments required to be
made trom the corresponding accounts for any other Series or installment of Bonds.
(C) APPLICA nON OF GROSS REVENUES. All Gross Revenues shall,
immediately upon receipt thereof, be deposited by the County into the Revenue Fund. Moneys on
deposit in the Revenue Fund shall be applied in each month, subject to credits for deposits as
provided herein below, only in the following manner and order of priority; provided, that with
respect to any payment period for any Series of Bonds that is other than annual or semi-annual, the
required deposits shall be such as to provide for equal monthly deposits of all amounts required to
meet the annual Debt Service Requirement of such Series:
(1) Moneys shall first be used to pay Operating Expenses;
priority:
(2) Moneys shall next be used for deposit into the Sinking Fund in the following
(a) in such sums as are necessary to pay one-sixth (1/6) of the interest
becoming due on the Current Interest Paying Bonds on the next Interest Payment Date;
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(b) in such sums as are necessary to pay one-twelfth (1/12) of the principal
maturing on Current Interest Paying Serial Bonds on the next Principal Maturity Date;
(c) on a parity with the payments provided in subparagraph (b) above, into
the appropriate subaccount in the Bond Amortization Account, in such sums as are necessary to pay
one-twelfth (1/12) of the Amortization Installment for Term Bonds which shall become due and
payable during the current Bond Year; and
(d) on a parity with the payments provided in subparagraphs (b) and (c)
above, in such sums as are necessary to pay one-twelfth (1/12) of the Maturity Amount of any
Capital Appreciation Bonds maturing in such Bond Year;
Deposits to the Sinking Fund for different Series shall be on a parity and without regard to the
existence of any Reserve Account Credit Facility for a particular Series.
Sinking Fund;
(3) Moneys shall next be used to cure any deficiency for prior deposits into the
(4) Moneys shall next be used to maintain in the Reserve Account a Reserve
Account Value in an amount equal to the Reserve Account Requirement by:
(a) restoring the value of any Reserve Account Credit Facility to its face
value by making required payments to the Credit Facility Issuer, and
(b) restoring value of cash and Authorized Investments on deposit in the
Reserve Account to the required levels hereunder and pursuant to the terms of any Reserve Account
Credit Facility.
The County may establish separate subaccounts in the Reserve Account for separate
Series of Bonds, and shall maintain separate subaccounts in the Reserve Account for the benefit of
the Holiday Pines Bonds and the North Hutchinson Bonds. Restoration of Reserve Account Values
in the case of separate subaccounts shall be on a pro rata basis with respect to the amounts required
to be restored to each of such subaccounts.
(5) Moneys shall next be deposited into the Renewal and Replacement Fund in
an amount equal to the sum of:
Requirement; and
(a) one-twelfth (1/12) of the Renewal and Replacement Fund
(b) one-twelfth (1/12) of any unrestored withdrawal therefrom made to
prevent a default in the payment of the principal and interest on the Bonds as provided in Section
3.03(E)(6) hereinbelow.
(6) Moneys shall next be used for deposit into the Subordinate Debt Service
Fund and accounts therein of such sums as are required by the proceedings authorizing the issuance
of such Subordinate Debt.
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(7) Remaining moneys may be withdrawn and used by the County for any
lawful purpose, provided that all funds and accounts created hereunder are at required levels.
The foregoing provisions notwithstanding, no further deposits shall be required to be made
into the foregoing funds and accounts whenever there shall be on deposit (1) in the Sinking Fund,
including the Reserve Account and the Bond Amortization Accounts therein, an amount of money
and Authorized Investments equal to all principal and interest due on the Bonds to the final maturity
thereof, (2) all amounts due and owing to any Credit Facility Issuer shall have been paid and (3)
there shall be on deposit in the Subordinate Debt Service Fund, including the accounts therein, an
amount necessary to pay all outstanding Subordinate Debt in full in accordance with its tenns.
Credit shall be allowed against the required deposit amounts due as prescribed above for the
payment of principal of and interest and Amortization Installment on Bonds to the extent of any
other funds on deposit and available for such purpose in the applicable accounts of the Sinking Fund
including (i) amounts of Capital Facilities Charges as may have been pledged for such payment, (ii)
accrued or capitalized interest and (iii) any Investment Eamings transferred into such fund or
account and available for such purposes.
(D) APPLICATION OF CAPITAL FACILITIES CHARGES. All Capital Facilities
Charges received with respect to the water portion of the Utility System shall be deposited upon
receipt into the Water System Capital Facilities Charges Account, and aJI Capital Facilities Charges
received with respect to the sewer portion of the Utility System shall be deposited upon receipt into
the Wastewater System Capital Facilities Charges Account.
(E) USE OF AMOUNTS ON DEPOSIT IN FUNDS AND ACCOUNTS. The moneys
on deposit in the funds and accounts herein established shall be only used in the foJIowing manner
and for the following purposes.
(1) CAPITAL FACILITIES CHARGES FUND. Moneys on deposit in the
Capital Facilities Charges Fund shall be used first for the purpose of supplementing the Net
Revenues to the extent necessary to make the required deposits into the Sinking Fund and accounts
therein when the other Pledged Revenues are insufficient therefor. Thereafter, Capital Facilities
Charges may be used to pay (1) Futures and (2) the cost of Expansion Facilities.
(2) REVENUE FUND. Moneys on deposit in the Revenue Fund shall be used
only to make the required deposits into the funds and accounts as provided in Section 3.03(C)(1)-(6)
hereof and, thereafter, may be applied as provided in Section 3.03(C)(7) hereof or may be retained
in the Revenue Fund.
(3) SINKING FUND. Moneys on deposit in the Sinking Fund shall be used
only to pay the principal of and interest on the Bonds as provided herein.
(4) BOND AMORTIZATION ACCOUNT. Moneys held for the credit of the
Bond Amortization Account shall be applied to the retirement of Tenn Bonds of each Series or
installment of Bonds, to the extent of the Amortization Installment, if any, for such Bond Year for
the Tem Bonds of each such Series or installment then Outstanding, and if the amount available in
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such Bond Year shall not be sufficient therefor, then in proportion to the Amortization InstaJlment,
if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstanding.
Notwithstanding the provisions of the preceding paragraph, the County may
purchase Term Bonds then Outstanding at the most advantageous price obtainable with reasonable
diligence, such price not to exceed the principal amount of such Term Bonds. No such purchase
shall be made by the County within the period of forty-five (45) days immediately preceding any
Interest Payment Date on which Term Bonds are subject to call for redemption, except from
moneys in excess of the amounts set aside or deposited for the redemption of Term Bonds on such
date.
(5) RESERVE ACCOUNT. Moneys in the Reserve Account shall be used only
for the purpose of the payment of interest on or principal (including Amortization Installments) of
the Bonds when the other moneys allocated to the Sinking Fund are insufficient therefor, and for no
other purpose. The County will deliver a demand for payment to a Reserve Account Credit Facility
Issuer at least three days before funds available thereunder are needed. Moneys and Reserve
Account Credit Facilities on deposit in the Holiday Pines Subaccount shall be available only for the
purpose of paying debt service on the Holiday Pines Bonds, and the moneys on deposit in the North
Hutchinson Island Subaccount shall be available only for the purpose of paying debt service on the
North Hutchinson Bonds. If the Reserve Account or a subaccount therein contains more than one
Reserve Account Credit Facility, draws shall be pro rata against all Reserve Account Credit
Facilities on the basis of the face amounts thereof. Any cash or Authorized Investments on deposit
in the Reserve Account, or a subaccount therein, must be withdrawn before any draws against a
Reserve Account Credit Facility and any Reserve Account Credit Facility shall be restored or repaid
from the first available moneys after all required current payments have been made into the Sinking
Fund and accounts therein before restoring any amounts of cash or Authorized Investments in such
Reserve Account or subaccount therein.
Upon the issuance of Additional Parity Bonds, additional cash or Authorized
Investments shall be deposited into the Reserve Account or additional Reserve Account Credit
Facilities shall be purchased from the proceeds of such Additional Parity Bonds, or from other
moneys of the County available therefor, in order to make the Reserve Account Value at the time of
issuance thereof equal to the Reserve Account Requirement.
Notwithstanding the foregoing, the County at any time may substitute a Reserve
Account Credit Facility for all or any portion of the cash and Authorized Investments on deposit in
the Reserve Account, subject only to such conditions and approvals as may be imposed by the
Credit Facility Issuer providing such Reserve Account Credit Facility or by any Credit Facility
Issuer having a Credit Facility or Reserve Account Credit Facility in effect as to any Bonds. The
County will deliver a demand for payment to a Reserve Account Credit Facility issuer at least three
days before funds available thereunder are needed. Any Reserve Account Credit Facility must be
issued by a Credit Facility Issuer rated in the highest category by S&P and Moody's and, if rated by
A. M. Best & Company, in their highest rating category.
For so long as the Holiday Pines Bonds remain Outstanding the Holiday Pines
Reserve Account Credit Facility shall be solely for the benefit of the Holiday Pines Bonds.
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The Authorized Investments on deposit in the Reserve Account shall be valued
annually, or more frequently if required by a Credit Facility Issuer, as of the last day of the Fiscal
Year at their fair market value exclusive of accrued interest. Any Reserve Account Credit Facilities
shall be valued at the amount of the Reserve Account Credit Facility Coverage. If and whenever the
Reserve Account Value exceeds the Reserve Account Requirement on all then Outstanding Bonds,
such excess may be withdrawn and applied, first, to pay any Reserve Account Credit Facility Costs
and thereafter applied and allocated into the Renewal and Replacement Fund, or if the Renewal and
Replacement Fund Requirement is then on deposit in the Renewal and Replacement Fund, then into
the Revenue Fund. Deficiencies in the Reserve Account Value resulting from a decline in market
value of the Authorized Investments, a draw on a Reserve Account Credit Facility, or a withdrawal
therefrom shall be restored no later than twelve (12) months from the date of valuation, draw, or
withdrawal.
(6) RENEWAL AND REPLACEMENT FUND. The moneys in the Renewal
and Replacement Fund shall be used only for the purpose of paying: (a) the cost of necessary
repairs, extensions, enlargements or additions to, or the replacement of Facilities of, the Utility
System; and (b) the principal of and interest on the Bonds when due if the moneys on deposit in the
Sinking Fund and accounts therein are ever insufficient therefor, and any amounts so withdrawn are
required to be restored pursuant to Section 3.03(C)(5)(b).
(7) SUBORDINATE DEBT SERVICE FUND. Moneys on deposit in the
Subordinate Debt Service Fund and accounts therein may be used only for payment of debt service
on Subordinate Debt, in such manner as shall be specified in the proceedings authorizing such
Subordinate Debt.
(F) INVESTMENT OF MONEYS IN FUNDS AND ACCOUNTS. All moneys
on deposit in the funds and accounts created hereunder may be invested and reinvested only in
Authorized Investments; such Authorized Investments shall mature or be redeemable at par at the
option of the County not later than the respective dates when such moneys will be required for the
purposes of such funds and accounts; and provided that at no time shall any moneys constituting
gross proceeds of Bonds be used in any manner to cause or result in a "prohibited payment" under
applicable regulations pertaining to, or in any other fashion as would constitute failure of
compliance with, Section 148 of the Code.
Moneys in the Sinking Fund, other than the Reserve Account, may be invested in
Authorized Investments maturing not later than the respective dates that such moneys will be
needed for the payment of interest and principal (including Amortization Installments) on Bonds.
Amounts, if any, held in the Sinking Fund representing capitalized interest shall be
invested only in Federal Securities during any period in which a Credit Facility for Bonds, the
proceeds of which were used to provide such capitalized interest, shall be in effect. In the case of
the Reserve Account, investments shall mature not later than five (5) years from the date of
investment, and Investment Earnings thereon shall be retained in such account to the extent
necessary to maintain therein a Reserve Account Value equal to the Reserve Account Requirement,
or may be transferred to the Sinking Fund or to the Revenue Fund.
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Investment Earnings related to any Capital Facilities Charges shalI be held and
applied for the same purposes to which such moneys are restricted by the tenns of this resolution or
any resolution adopted in connection with the issuance of any applicable Series or installment.
Investment Earnings on moneys in the Renewal and Replacement Fund shall be deposited into the
Revenue Fund upon receipt. .
(G) APPLICA TION OF NET PROCEEDS OF INSURANCE OR
CONDEMNATION. AlI Net Proceeds of Insurance or Condemnation shall be deposited, at the
option of the County and subject to applicable supplemental bond resolutions for any Bonds, but
subject to the limitations hereinafter described, either (i) into the Renewal and Replacement Fund
(or if such proceeds or award relate to any Project then under construction, such funds shalI be
deposited in the account created for such Project in the Project Fund) and used to remedy the loss,
damage or taking for which such proceeds are received, either by repairing the damaged property or
replacing the destroyed or taken property, as soon as practicable after the receipt of such proceeds,
or (ii) and subject to the applicable supplemental bond resolutions for any Bonds, into the Sinking
Fund for the purpose of purchasing or redeeming Bonds.
The County shall not be entitled to transfer insurance proceeds or condemnation awards into
the Renewal and Replacement Fund (or Project Fund) pursuant to clause (i) above (and such
proceeds and awards shall be transferred to the Sinking Fund pursuant to clause (ii) above) unless
there shalI have been filed with the Board within a reasonable time (i) a certificate rrom an
Independent Consultant that such Net Proceeds, together with other amounts available for such
purposes, will be sufficient to repair, rebuild, replace or restore such property to substantialIy the
same condition as it was in prior to condemnation or destruction (taking into consideration any
changes, alterations and modifications that the County may desire and the Independent Consultant
shall have approved in writing), (ii) an opinion rrom the Independent Consultant that the Utility
System can be repaired, rebuilt, replaced or restored within two (2) years folIowing the destruction
or condemnation thereof and (iii) an opinion of an Independent Consultant that, in each of the three
(3) Fisc¡il Years following completion of such repair, rebuilding, replacement or restoration, the
County wilI be compliance with its obligations hereunder. If the certificate described in clause (i)
above is not rendered because such Net Proceeds, together with other amounts available for such
purposes, are insufficient for such purposes, the County may deposit other available funds
(including proceeds from Bonds) in the Project Fund in an amount required to enable the
Independent Consultant to render such certificate.
Proceeds received rrom such insurance and condemnation awards shalI not be deemed Net
Revenues or other Pledged Revenues for purposes of the rate covenant of the County or the
financial requirements for the issuance of Additional Parity Bonds.
(H) UNCLAIMED MONEYS. Any moneys deposited into the Sinking Fund,
including the Bond Amortization Account(s) therein, for the payment of principal of, premium, if
any, and interest on the Bonds and remaining unclaimed for a period of one (I) year from the date
on which such moneys were due to pay maturing principal of, premium, if any, or interest on such
Bonds may be withdrawn by the County and used for any lawful purpose; provided that (I) such
withdrawal shall not give rise to any claim for additional interest due on such Bonds on account of
payment thereof not having been duly provided for under the tenns of this resolution; (2) such
withdrawal shalI not affect the right, to the extent existing under the provisions of this resolution or
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of the laws of the State, of the Registered Owner of such Bonds to payment of the principaJ and
interest thereon to the Interest Payment Date with respect to which such moneys were originally
deposited.
(End of Article III)
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ARTICLE IV
APPLICATION OF BOND PROCEEDS; PROJECT FUND
All moneys received from the sale of any or all Bonds authorized and issued pursuant to this
resolution, shall be disbursed as provided by subsequent resolution of the Board adopted prior to the
time of issuance of such Series.
The moneys on deposit in the Project Fund shall be withdrawn, used and applied by the
County solely for the payment of Project Costs and purposes incidental thereto, as described and set
forth in the resolution authorizing the particular Series of Bonds. All expenditures or disbursements
from the Project Fund shall be made only after such expenditures or disbursements shall have been
approved by the County.
All funds on deposit in any Project Fund, which in the opinion of the County, are not
immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized
Investments, maturing at such time or times as such moneys will be needed for the purposes of the
Project Fund or the particular subaccount. All income derived from such investments shall be
retained in the Project Fund and used to pay Project Costs, unless otherwise required by the tenns of
any tax compliance certificate delivered in connection with any Series of Bonds.
If, for any reason, the moneys on deposit in any Project Fund, or any part thereof, are not
necessary for or are not applied to the payment of applicable Project Costs, then, upon receipt of an
opinion of Bond Counsel to the effect that such deposit and application will not adversely affect the
exclusion from gross income for federal income tax purposes of interest on such Series of Bonds,
the unapplied proceeds shall be applied and deposited by the County (1) first, into the Sinking Fund
to the extent of any deficiency therein, (2) second, into the Reserve Account to the extent of any
deficiency therein, (3) third into the Renewal and Replacement Fund to the extent of any deficiency
therein, and (4) fourth, to pay the cost of any additional Facilities which the County shall have
detennined to be useful in connection with the Utility System.
(End of Article IV)
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ARTICLE V
COVENANTS OF THE COUNTY;
REMEDIES
SECTION 5.01. COVENANTS OF THE COUNTY. So long as any of the Bonds shall be
Outstanding, or until (a) there shall have been set apart in the Sinking Fund and the accounts
therein, a sum sufficient to pay, when due, the entire principal amount of the Bonds remaining
unpaid, together with the premium, if any, with respect thereto and the interest accrued and to
accrue thereon, and all amounts due and owing to the Credit Facility Issuer, or (b) until all Bonds
have been defeased in accordance with Section 6.04 hereof, the County covenants with the
Registered Owners of any and all of the Bonds issued pursuant to this resolution and with any
Credit Facility Issuer as follows:
(A) RATE COVENANT. The County will fix, establish and maintain such
rates and collect such fees, rentals, or other charges for the services and Facilities of the Utility
System, and will revise the same from time to time whenever necessary, so as to provide Net
Revenues in each Fiscal Year, commencing with the Fiscal Year beginning October 1, 2005, equal
to the amounts set forth in either (a) both subparagraphs (i) and (ii) below, or (b) subparagraph (iii)
below:
(i)Net Revenues (exclusive of Guaranteed Revenue Fees) equal to (a) one hundred ten
percent (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year,
plus (b) one hundred percent (100%) of the required deposits into (1) the Reserve
Account (less any portion thereof to be deposited from proceeds of Bonds) together
with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal
Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the
Subordinate Debt Service Fund in such Fiscal Year,
or
(ii) (A) Net Revenues (including Guaranteed Revenue Fees), together with Capital
Facilities Charges available in such Fiscal Year, equal to (a) one hundred twenty
percent (120%) of the Debt Service Requirement on the Bonds for such Fiscal Year,
plus (b) one hundred percent (100%) of the required deposits into (1) the Reserve
Account (less any portion thereof to be deposited from proceeds of Bonds) together
with any amounts of Reserve Account Credit Facility Costs payab]e in such Fiscal
Year, (2) the Renewal and Replacement Fund in such Fisca] Year, and (3) the
Subordinate Debt Service Fund in such Fiscal Year.
and
(iii) (B) Net Revenues (exclusive of Guaranteed Revenue Fees) equal to (a) one
hundred percent (100%) of the Debt Service Requirement on the Bonds for such
Fiscal Year, plus (b) one hundred percent (100%) of the required deposits into (1) the
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Reserve Account (less any portion thereof to be deposited :trom proceeds of Bonds)
together with any amounts of Reserve Account Credit Facility Costs payable in such
Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the
Subordinate Debt Service Fund in such Fiscal Year.
The County further covenants that, :trom time to time and as often as shall be necessary, it
will revise rates, fees and charges of the Utility System or the Operating Expenses and methods of
operations of the Utility System as may be necessary or proper so that Net Revenues in each Fiscal
Year will, subject to applicable requirements and restrictions imposed by law, not be less than the
amount required for such Fiscal Year under this Section 5.0l(A). The County further covenants and
agrees that it will annually, within thirty (30) days after adoption of the annual budget, revise its
rates, fees and charges to the extent necessary to cause the estimated Net Revenues during the Fiscal
Year to which such budget pertains to be not less than the amount required by this Section 5.01(A).
(B) OPERATION AND MAINTENANCE. The County will maintain the
Utility System and all parts thereof in good condition, and will operate the same in an efficient and
economical manner, making such expenditures for equipment and for renewal, repair and
replacement as may be proper for the economical operation and maintenance thereof and, subject to
the provisions of this resolution, will continuously operate the Utility System as a revenue
producing enterprise of the County until all of the Bonds and the interest thereon, are finally paid
and retired, or until the lien of the Bonds upon the Pledged Revenues has been defeased in
accordance with the provisions of Section 6.04 hereof and all amounts due and owing to any Credit
Facility Issuers shall have been paid.
(C) INSPECTION AND REPORT. The County will cause the Facilities of the
Utility System to be inspected by the Consulting Engineers at least once every three (3) years.
Following such inspection, the Independent Consultant shall prepare and file with the County its
report stating its conclusions as to the condition of the Utility System and recommendations as to
any needed capital improvements or maintenance with respect thereto, and the County shall make
such report generally available to any Rating Agency, Credit Facility Issuer and Registered Owner
upon request at such party's expense.
(D) INSURANCE. The County will carry with a reputable insurance carrier or
carriers such insurance as is customarily carried by county governments owning and operating
facilities similar to the UtilitY System, including (i) liability insurance, for which the County may
upon appropriate authorization by the Board be a self-insurer on a sound actuarial basis, and (ii)
insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or
other hazards and risks in an amount or amounts equal to the full insurable value of the buildings,
properties, furniture, fixtures and equipment of the Utility System. All insurance shall be carried for
the benefit of the County and, to the extent herein provided, the Registered Owners and any Credit
Facility Issuer.
(E) ANNUAL BUDGET; BOOKS AND RECORDS; AUDIT. The County
shall prepare and adopt an initial budget in connection with the acquisition of the Utility System and
thereafter on or prior to the beginning of each Fiscal Year, shall prepare and adopt a detailed budget
of the estimated revenues and expenditures for the Utility System during its current or such next
succeeding FiscaJ Year, as applicable, and shall provide any Rating Agency and Credit Facility
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Issuer with a copy thereof at the earliest practicable date, upon request and at such party's expense.
No expenditure for the Utility System shall be made in any Fiscal Year in excess of the amount
provided therefor in such budget, as revised pursuant to law.
The County will keep books and records of the Utility System, which shalI' be separate and
apart from all other books, records and accounts of the County, and in which complete and correct
entries shall be made, in accordance with Accounting Principles, of all transactions relating to the
Utility System. Any Rating Agency, Credit Facility Issuer and any Registered Owner of Bonds
issued pursuant to this resolution shall have the right at all reasonable times to inspect the Utility
System and all parts thereof, and all records, accounts and data of the County relating thereto.
The County shall, within one hundred eighty (180) days after the close of each Fiscal Year,
cause the books, records and accounts of the Utility System (known as the Utility System's
"Enterprise Fund") for such preceding Fiscal Year to be properly audited by the Independent
Certified Public Accountants, and shall file with the County such report; the County shall mail upon
written request, and make available generally, said report, or a reasonable summary thereof, to any
Rating Agency, Credit Facility Issuer, and any Registered Owner of Bonds issued pursuant to this
resolution.
(F) SALE OF THE UTILITY SYSTEM CONSOLIDATION. (i) The Utility
System may be sold, mortgaged, leased or otherwise disposed of only as a whole or substantially as
a whole, and only if the net proceeds to be realized rrom such transaction shall be sufficient (i) fully
to retire all of the Bonds and all other obligations outstanding pursuant to the provisions of this
resolution which have a lien on the Pledged Revenues or (ii) to defease the Bonds pursuant to
Section 6.04 hereof The proceeds :trom such sale, mortgage, lease or other disposition of the Utility
System pursuant to this paragraph (i) shall be used only for the purpose of providing for the
payment of the principal of and interest on the Bonds and other obligations outstanding pursuant to
the provisions of this resolution as the same shall become due, or for the redemption of callable
Bonds, provided, however, that any excess of such proceeds not needed for such purpose may be
used by the County for any purpose pennitted by law.
(ii) The foregoing provision notwithstanding, the County shall have
and hereby reserves the right to sell, lease or otherwise decommission, dispose of and/or abandon
any of the property comprising a part of the Utility System which may hereafter be detennined in
the manner provided herein to be no longer neèessary, useful, or profitable in the operation thereof
Prior to any such sale, lease, or other disposition of said property pursuant to this paragraph (ii) the
duly authorized officer in charge of such Utility System shall make a finding in writing detennining
that such property comprising a part of said Utility System is no longer necessary, useful or
profitable in the operation thereof Any such property so detennined and deemed to be no longer
necessary, useful or profitable, and upon such officer's written detennination, may be
decommissioned, disposed of and/or abandoned in a transaction wherein no proceeds and/or
moneys are received by the County. If the disposition is for consideration and (a) if the amount to
be received as a result of such sale or other disposition is in excess of $25,000, such finding shall be
approved by resolution of the Board; and, (b) if the amount to be received as a result of such sale or
other disposition is in excess of $250,000, such finding shall be approved by the Independent
Consultant and by resolution of the Board, and written Notice thereof shall be provided to the Credit
Facility Issuer; and ( c) if the amount to be received in the aggregate as a result of all such sales or
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other dispositions over an 18-month period is in excess of $1,000,000, such finding shall
additionally be subject to the approval of the Credit Facility Issuer. Any proceeds of such sale or
other disposition shall be deposited in the Renewal and Replacement Fund created by this resolution
and used only as provided herein for moneys on deposit in such fund. Such payment of such
proceeds into said Renewal and Replacement Fund shall not reduce the amounts required to be paid
into said fund by other provisions of this resolution.
(iii) The foregoing provision notwithstanding, the County shaH have
and hereby reserves the right to sell, lease, or transfer operating control of, or otherwise dispose of,
the property comprising the Utility System as a whole to any public board or body, whether created
by the County or created pursuant to the laws of the State, for the purpose of owning and operating
the Utility System, whether independent of or together with any other utility systems of the County.
Any such transfer shall be expressly made subject to the rights of the Registered Owners of any
Bonds issued hereunder, and in particular subject to the lien upon the Pledged Revenues of the
Bonds.
(iv) The foregoing provisions not withstanding, the County shall have
the right to merge or consolidate the Utility System with any other County-owned and/or operated
utility system and to combine the Revenues and the Capital Facilities Charges with corresponding
receipts ITom the other utility system, and to subject such combined Revenues, Capital Facilities
Charges and receipts to the lien of the Bonds and ,any obligations secured by the receipts of such
other utility system, provided that the requirements of Section 5.01(L)(3) hereof are satisfied.
(G) ISSUANCE OF OTHER OBLIGATIONS PAYABLE OUT OF
REVENUES. The County will not issue any other obligations, except Additional Parity Bonds
hereafter issued under the conditions and in the manner provided herein, payable from the Pledged
Revenues. nor voluntarily create or cause to be created any debt, lien, pledge, assignment,
encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds
issued pursuant to this resolution and the interest thereon, upon any of the Pledged Revenues. Any
other obligations issued by the County, in addition to the Bonds authorized by this resolution or
Additional Parity Bonds provided for in Subsection 5.01(H) below, shall contain an express
statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds
issued pursuant to this resolution and any such Additional Parity Bonds as to lien on and source and
security for payment ITom the Pledged Revenues, and in all other respects.
(H) ISSUANCE OF ADDITIONAL PARITY BONDS. No Additional Parity
Bonds shall be issued after the issuance of any Bonds pursuant to this resolution, except upon the
following tenns and conditions:
Additional Parity Bonds payable ITom the Pledged Revenues may be issued by the County
for the purposes of (a) financing the construction and acquisition of additions, extensions and
improvements to the Utility System, including Project Costs, or (b) paying Futures only if the
requirements of either (1) or (2) below have been met, as evidenced by the certificate of an
Independent Consultant or Independent Certified Public Accountant, as appropriate:
(1) (a) The Adjusted Net Revenues (excluding Guaranteed Revenue Fees) for the
Computation Period, hereinafter defined, shall have at least equalled the sum of:
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108661500(W2
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(i) one hundred ten percent (110%) of the Maximum Debt Service Requirement
on all Bonds to be Outstanding as of the date of such issuance, plus
(ii) one hundred percent (100%) of the Maximum Debt Service Requirement on
all Subordinate Debt to be Outstanding as of the date of such issuance, plus
(iii) amounts, if any, required to be deposited in the Reserve Account during
such Fiscal Years (less any portion thereof which is to be deposited from
proceeds of Bonds) together with any amounts of Reserve Account Credit
Facility Costs payable in such Fiscal Years, plus
(iv) amounts required to be deposited in the Renewal and Replacement Fund
during such period,
or
(2) The Adjusted Net Revenues (including Guaranteed Revenue Fees) together with the
Capital Facilities Charges for the Computation Period shall have equalled at least the
sum of:
(i) one hundred twenty percent (120%) of the Maximum Debt Service
Requirement on all Bonds to be Outstanding as of the date of such issuance,
plus
(ii) one hundred percent (100%) of the Maximum Debt Service Requirement on
all Subordinate Debt to be Outstanding as of the date of such issuance, plus
(iii) amounts, if any, required to be deposited in the Reserve Account during
such Fiscal Years (less any portion thereof which is to be deposited from
proceeds of Bonds) together with any amount of Reserve Account Credit
Facility Costs payable in such Fiscal Years; plus
(iv) amounts required to be deposited in the Renewal and Replacement Fund
during such period;
Additional Parity Bonds may be issued without any financial tests for completion of any
Project, provided that such completion Bonds may be issued only in a principal amount not greater
than fifteen percent (15%) of the principal amount of Bonds initially issued to fund the applicable
Project, or may be issued without regard to the fifteen percent (15%) limitation upon the approval of
the Credit Facility Issuer and delivery to the County of a certificate of an Independent Consultant
stating that the proceeds of such completion Bonds will be sufficient to complete the acquisition,
construction and installation of such Project substantially in accordance with the plans and
specifications therefor in effect at the time of issuance of the Bonds originally issued for such
Project.
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Additional Parity Bonds payable ITom the Pledged Revenues may be issued by the County
for Refunding purposes without regard to the foregoing tests, provided that the Maximum Debt
Service Requirement is not increased as a result of such Refunding. Additional Parity Bonds may
be issued in the form of Variable Rate Bonds only upon the prior written consent of the Credit
Facility Issuer.
For purposes of this Section S.Ol(R):
(1) the term "Adjusted Net Revenues" shall mean the Net Revenues certified by the
Independent Certified Public Accountant, giving effect to the following adjustments, (provided each
such adjustment shall be certified by an Independent Consultant or Independent Certified Public
Accountant in a certificate or report which shall set forth the assumptions upon which it is based and
shall state that such assumptions, in the opinion of the Independent Consultant or Independent
Certified Public Accountant, as the case may be, fonn a reasonable basis for the conclusions
expressed therein).
(a) If the County, prior to the issuance of the proposed Series of Bonds, as
applicable (the "Applicable Bonds"), shall have put into effect an increase in the rates,
fees, rentals or other charges for the services of the Utility System, then Net Revenues
shall be adjusted to include the additional Net Revenues which would have been
received during the Computation Period if such increased rates, fees, rentals or other
charges had been in effect during all of such period.
(b) If the number of connections as of the first day of the month preceding the
month in which the proposed Applicable Bonds are to be issued exceeds the average
number of such connections during the most recent full Fiscal Year, then the Net
Revenues shall be adjusted to include the Net Revenues which would have been
received during the Computation Period if those additional connections had also been
connected to the Utility System during all of such period.
(c) If the County shall acquire by the issuance of the Applicable Bonds any
privately or publicly owned existing water system, sewer system or water and sewer
system then the Net Revenues during the Computation Period shall be increased by
adding to the Net Revenues during the Computation Period the additional Net
Revenues (to the extent such amounts were not reflected in such Net Revenues)
which, on the basis of operating data pertaining to the acquired system during the
Computation Periods, would have been derived from such existing water system,
sewer system, or other utility system as if such existing water system, sewer system or
other utility system had been operated by the County as a part of the Utility System
during the Computation Period.
(d) If the County shall have entered into a contract, which contract shall be for a
duration of not less than the final maturity of the proposed Applicable Bonds, with
any public body whereby the County shall have agreed to furnish services for the
collection, treatment or disposal of sewage or agreed to furnish services in connection
with any water system or other utility system, then the Net Revenues during the
Computation Period shall be increased (to the extent such amounts were not reflected
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in such Net Revenues) by the mm11llum amount which such public body shall
guarantee, under a legally enforceable agreement with the County, to pay in any
Fiscal Year for the furnishing of such services by the County, after deducting :ITom
such payment the estimated additional Operating Expenses attributable in such Fiscal
Year to such services.
(e) The Net Revenues shall be increased (to the extent the following amounts are
not otherwise reflected in Net Revenues) by the amount of additional Net Revenues
which would have been received during the Computation Period :ITom any existing
occupied structures which are to be connected to the Utility System within the
following eighteen (18) months ofthe issuance of the Applicable Bonds.
(f) Net Revenues shall reflect any adjustments necessary for any period during the
Computation Period in the opinion of an Independent Consultant or Independent
Certified Public Accountant to reflect government ownership of the Utility System or
any Facilities constituting a part thereof
(2) "Computation Period" means (a) any twelve (12) consecutive of the eighteen
(18) complete calendar months or (b) the most recent complete Fiscal Year, in either case
immediately preceding the date of issuance of Additional Parity Bonds.
No Additional Parity Bonds for the purpose of constructing additions, extensions or
improvements to the Utility System including Project Costs, shall be issued at any time, however,
unless all of the payments into the respective funds and accounts provided for in this resolution,
shall have been made in full to the date of issuance of such Additional Parity Bonds, and the County
shall be in substantia] compliance with the covenants, agreements and tenus of this resolution.
Each resolution authorizing the issuance of Additional Parity Bonds shall recite that all of the
covenants herein contained will be applicable to such Additional Parity Bonds.
(I) SERVICES RENDERED TO THE COUNTY; PREFERENTIAL
RATES. The County will not render or cause to be rendered any free services of any nature by the
Utility System, or any part thereof, nor will any preferential rates be established for users of the
same class; in the event the County or any department, agency, or instrumentality, or any officer or
employee thereof, shall avail itself of the facilities or services provided by said System, or any part
thereof, the same rates, fees, or charges applicable to other customers receiving like services under
similar circumstances shall be charged to the County and to any such department, agency,
instrumentality, officer, or employee. Such charges shall be paid as they accrue, and the County
shall transfer from its general funds sufficient sums to pay such charges. The moneys so received
shall be deemed to be Gross Revenues derived from the operation of the Utility System, and shall be
deposited and accounted for in the same manner as other Gross Revenues derived :ITom the
operation of said Utility System.
The foregoing paragraph shall not require the County to have the same rates for different
classes of users or for users of the services and Facilities of said System residing or located within
different areas of the County, and the County may have different rates for different classes of users
or for users of the services and Facilities of said System located outside the boundaries of the
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County, as long as such rates comply with the foregoing paragraph, insofar as they relate to the
users within any class or any particular area or areas located without the County.
(1) MANDATORY CONNECTION; UNIFORM SERVICE AND
EXTENSION POLICY. The County will, to the full extent permitted by law, require all persons,
lands, buildings, and structures located within the Service Area or which can use the faciIities and
services of the UtiIity System to use the facilities and services of the Utility System. The Uniform
Service and Extension Policy shall apply throughout the Service Area with respect to the Utility
System.
(K) ENFORCEMENT OF COLLECTIONS. The County will diligently
enforce and collect all fees, rentals, or other charges for the services and facilities of the Utility
System and all parts thereof. The Board will establish written policies regarding the enforcement of
collections of such fees, rentals, and other charges and will take all steps, actions and proceedings
for the enforcement or collection of such fees, rentals or other charges to the full extent permitted or
authorized by law, consistent with such reasonable policy. The County wiIl, to the full extent
permitted by law and consistent with sound business judgment, establish written policies consistent
with sound business judgment for the disconnection trom the UtiIity System of any customer who
faiIs to pay for services rendered by the Utility System, and shall enforce such policies diligently
and fairly.
(L) NO COMPETING FACILITIES; CONSOLIDATION. (1) The County,
to the extent permitted by law, will not grant any franchise, license, or permit, or cause or
voluntarily agree to the granting of any franchise, license, or permit, for the construction or
operation of any facilities which wiIl be competitive with the services and facilities of the Utility
System; provided, however, that this subsection shall not affect the vested rights of any persons,
firms, or corporations now owning or operating such facilities.
(2) Notwithstanding the foregoing provisions, the County shall be authorized to
construct or acquire other non-competing utility systems providing products and services similar to
those provided by the Utility System in areas of the County geographically distinct from those then
currently served by the Utility System, and none of the revenues derived ITom such other
non-competing utility systems shall be deemed to be Gross Revenues of the Utility System pursuant
to this resolution; provided, however, that if the County shall furnish products and services ITom the
UtiIity System to any other non-competing utiIity systems, which the County is hereby authorized to
do, it shall do so at rates comparable to the rates charged to other customers served by the UtiIity
System and the revenues so derived from said other non-competing utility systems shall be
deposited in the Revenue Fund created and established by this resolution, and shall be deemed to be
Gross Revenues derived from the operation of the Utility System as fully and to the same extent as
other Gross Revenues derived trom the operation of the Utility System.
(3) The County is further authorized and empowered to combine and consolidate the
Utility System with any other water systems, sewer systems or combined utility, whether located
within or without the County, and whether acquired or constructed by the County, and after such
combination and consolidation, such systems shall thereafter be deemed to be one system and
subject to the provisions of the resolution governing the issuance of debt for the system deemed by
the County to be the surviving system; provided, that: (a) the coverage test prescribed in Section
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5.01(H)(l) of this resolution for the issuance of Additional Parity Bonds must be (i) satisfied at the
time of such consolidation and (ii) be projected by the Independent Consultant to be satisfied in
each of the three (3) Fiscal Years foIlowing the consolidation, treating the senior lien obligations
outstanding under the resolution for the utility system with which the Utility System is being
combined and consolidated as Additional Parity Bonds for purposes of such coverage test, and (b)
the rate covenant contained in Section 5.01(A) of this resolution must be satisfied at all times while
any Bonds issued under this resolution remain Outstanding, treating both the Bonds Outstanding
under this resolution and the senior lien obligations outstanding under the resolution for the utility
system with which the Utility System is being combined and consolidated as "Bonds" for putposes
of such rate covenant; (c) the Independent Consultant shall certify as the good condition of the other
utility system; and (e) any Credit Facility Issuer shaIl have given its prior written consent to such
combination.
(M) TAX COMPLIANCE. The County covenants that it will use, and will
restrict the use and investment of, the proceeds of the Bonds in such manner and to such extent as
may be necessary so that (a) the Bonds will not (i) constitute private activity bonds, arbitrage bonds
or hedge bonds under Section 141, 148 or 149 of the Code or (ii) be treated other than as bonds to
which Section 103(a) of the Code applies, and (b) the interest thereon will not be treated as a
preference item under Section 57 of the Code.
The County further covenants (a) that it will take or cause to be taken such actions that may
be required of it for the interest on the Bonds to be and remain excluded from gross income for
federal income tax purposes, (b) that it will not take or authorize to be taken any actions that would
adversely affect that exclusion, and (c) that it, or persons acting for it, will, among other acts of
compliance, (i) apply the proceeds of the Bonds to the governmental purposes of the borrowing, (ii)
restrict the yield on investment property, (iii) make timely and adequate payments to the federal
government, (iv) maintain books and records and make calculations and reports, and (v) refrain
from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all
in such manner and to the extent necessary to assure such exclusion of that interest under the Code.
(N) PAYMENT. The County will duly and punctually payor cause to be
paid from the Pledged Revenues the Debt Service on the Bonds.
SECTION 5.02. EVENTS OF DEFAULT. It shall be an event of default under this
resolution if the County shall:
(1) fail to deposit with the paying agents on the due date thereof sufficient funds to
pay maturing principal of, Amortization Installments of, if any, and interest on the
Bonds; or
(2) fail to deposit or pay within ten (10) days after the due date thereof any other
required deposit or payment under this resolution pursuant to Section 3.03(C)(l)
through (6) hereof; or
(3) fail to comply in any material respect with any other covenant made in the
Resolution, if (a) such failure shaIl continue for more than thirty (30) days following
notice of such failure to the County or (b) the County shall not (within thirty (30) days
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of receipt of such notice have initiated steps to cure such default and thereafter have
proceeded diligently to cure such default; provided however that the Credit Facility
Issuer and Reserve Account Credit Facility Issuer may waive any such defect if
compliance shall be detennined to be impossible of perfonnance; or
(4) there shall occur the filing by the County of a voluntary petition in
bankruptcy, or the commission by the County of any act of bankruptcy, or the
adjudication of the County as a bankrupt, or the assignment by the County for the
benefit of its creditors, or the entry by the County into an agreement of composition
with its creditors, or the approval by a court of competent jurisdiction of a petition
applicable to the County in any proceeding for its reorganization, instituted under the
provisions of the Federal Bankruptcy Act, as amended, or any similar act in any
jurisdiction which may now be in effect or hereafter amended.
The County will provide or cause to be provided immediate notice to the Credit Facility Issuer of
any payment default and notice within thirty (30) days of any other event of default of which the
Paying Agent shall have received notice.
SECTION 5.03. REMEDIES. The Registered Owners of twenty-five per centum (25%) in
principal amount of not less than of Bonds issued under the provisions of this resolution or any
Credit Facility Issuer while the Bonds secured by it are Outstanding, or any trustee acting for such
Registered Owners in the manner hereinafter provided, may, either at law or in equity, by suit,
action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce
any and all rights, available under the laws of the State of Florida; provided, however, that there will
be no right to force any acceleration of payment with respect to the Bonds without the consent of
the Credit Facility Issuer. Any such Registered Owner or trustee may enforce and compel the
perfonnance of all duties required by this resolution or by any applicable statutes to be perfonned
either by the County or by any officer thereof, including the fixing, charging, and collecting of rates,
fees or other charges for the services and facilities of the Utility System.
The Registered Owners of Bonds in an aggregate principal amount of not less than
twenty-five per centum (25%) in aggregate principal amount of Bonds issued under this resolution
then Outstanding or any Credit Facility Issuer while the Bonds secured by it are Outstanding may,
by a duly executed certificate in writing, appoint a trustee for Registered Owners of Bonds issued
pursuant to this resolution with authority to represent such Registered Owners in any legal
proceedings for the enforcement and protection of the rights of such Registered Owners. Such
certificate shall be executed by such Registered Owners or their duly authorized attorneys or
representatives or any Credit Facility Issuer, and shall be filed in the office of the Clerk or Deputy
Clerk of the Circuit Court, ex Officio Clerk or Deputy Clerk of the Board and with the Chainnan or
Vice-Chainnan.
Upon the occurrence of any Event of Default, any such authorized trustee may, and upon the
written request of the Registered Owners of not less than twenty-five per centum (25%) in
aggregate principal amount of the Outstanding Bonds shall, declare the principal amount of and
premium, if any, on all of the Outstanding Bonds (if not then due and payable), and the interest
accrued thereon, to be due and payable immediately. However, no such acceleration shall be
effective without the prior written consent of the Credit Facility Issuer. The declaration shall be
40
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made by a notice in writing delivered to the County. Upon that declaration, that principal and
premium, if any, and interest on Outstanding Bonds accelerated in accordance with this Section
shall become and be due and payable immediately.
No later than five days after such declaration, the trustee shall mail written notice of the
acceleration to the same parties and in the same manner as is provided herein with respect to notice
of redemption of Bonds; provided, that no failure to receive notice by mailing, and no defect in any
notice as to any Bond or Registered Owner, shall affect the validity of the acceleration as to such
Bond or Registered Owner or any other Bond or Registered Owners. The notice shall specify the
date on which payment of the principal, premium, if any, and interest shall be tendered to the
Registered Owner. Pursuant to the notice, interest on the Bonds shall accrue to the date detennined
by the trustee for the tender of payment to the Registered Owner; provided that to the extent any
principal amount of Outstanding Bonds remains unpaid because sufficient moneys are not available
to the trustee to pay such principal amount on the date detennined by the trustee for the tender of
payment to the Registered Owners of those Bonds, interest shall continue to accrue after the date
detennined by the trustee for the tender of payment to the Registered Owners of those Bonds:
The provisions of the preceding paragraph are subject, however, to the condition that if, at
any time after a declaration of acceleration and prior to the entry of a judgment in a court for
enforcement hereunder (after an opportunity for hearing by the County):
(i) all sums payable hereunder (other than the principal of and interest on Bonds
which shall not have reached their stated maturity dates, but which are due and
payable solely by reason of the declaration of acceleration), together with, to the
extent pennitted by law, interest on any overdue installments of interest at the rate
borne by the Bonds in respect of which the Event of Default shall have occurred shall
have been duly paid, or provision shall have been duly made therefore by deposit with
the trustee or any paying agent;
(ii) all existing Events of Default shall have been cured; and
(iii) rescission of the declaration of acceleration would not conflict with any judgment
or decree;
then, in every case, the trustee may, and with the consent of the Registered Owners ofa majority in
aggregate principal amount of the Bonds shall, waive the Event ofDefauJt and its consequences and
shall rescind and annul the declaration of acceleration. No waiver or rescission and annulment shall
extend to or affect any subsequent Event of Default or shall impair any rights, remedies or powers
consequent thereon.
Regardless of whether a declaration of acceleration is made hereunder, upon the occurrence
and continuance of an Event of DefauJt, the authorized trustee or the Registered Owners of
twenty-five per centum (25%) or more in aggregate principal of the Bonds then Outstanding may
pursue any available right, remedy or power to enforce the payment of Debt Service and the
observance and perfonnance of any other covenant, agreement or obligation under this resolution or
any other instrument providing security, directly or indirectly, for the Bonds.
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No right, remedy or power conferred upon or reserved to the trustee or the Registered
Owners under this resolution is intended to be exclusive of any other available right, remedy or
power, but each right, remedy or power shall be cumulative and concurrent and shall be in addition
to every other right, remedy or power available hereunder or existing at law, in equity or by statute
or othervvise now or hereafter.
No exercise, beginning of the exercise, or partial exercise by the trustee or the Registered
Owners or the Credit Facility Issuer of anyone or more rights, remedies or powers shall preclude
the simultaneous or later exercise by the trustee or the Registered Owners or the Credit Facility
Issuer of any other right, remedy or power. No delay or omission in the exercise of any right,
remedy or power accruing upon any Event of Default shall impair that or any other right, remedy or
power or shall be construed to constitute a waiver of any Event of Default, but every right, remedy
or power may be exercised from time to time and as often as may be deemed to be necessary or
desirable.
Anything in this resolution to the contrary notwithstanding, upon the occurrence and
continuance of an Event of Default as defined herein, the Credit Facility Issuer shall be entitled to
control and direct the enforcement of all rights and remedies granted to the Registered Owners for
the benefit of the Registered Owners under this resolution.
SECTION 5.04 CREDIT FACILITY PROVISIONS. For so long as the Holiday Pines'
Bonds are outstanding, the County agrees to comply with the provisions of Exhibit A hereto with
respect to the Holiday Pines Bonds. For so long as the North Hutchinson Bonds are outstanding,
the County agrees to comply with the provisions of Exhibit B hereto with respect to the North
Hutchinson Bonds.
(End of Article V)
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ARTICLE VI
MISCELLANEOUS PROVISIONS
SECTION 6.01. SALE OF BONDS. Bonds may be issued and sold at public sale, private
placement, or negotiated sale at one time or in installments trom time to time and at such price or
prices consistent with the provisions of the Act, the laws of the State, and the requirements of this
resolution. The County AdrP-inistrator is authorized to cause to be prepared a notice of sale or other
advertisement for the sale of the Bonds and to certify pursuant to Rule 15c2-12 of the Securities and
Exchange Commission as to any preliminary official statement used on behalf of the County in
connection therewith.
SECTION 6.02. NOTICES TO CREDIT FACILITY ISSUER; CREDIT FACILITY
ISSUER DEEMED SOLE BONDOWNER AND A PARTY IN INTEREST; PAYMENTS
UNDER THE CREDIT FACILITIES. Whenever a Credit Facility Issuer shall be providing a
Credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be
entitled to receive and shall be provided by certified mail all notices and reports which are required
herein to be prepared and to be sent or made available to Registered Owners of such Bonds and a
full transcript of any proceedings relating to the execution of any supplemental resolution hereto.
Notwithstanding any other provisions of this resolution to the contrary, the Credit Facility Issuer
shall be deemed to be the sole Registered Owner of all Bonds insured by it for purposes of
exercising rights, consents or remedies granted under this resolution. For any amendment or
modification of the Resolution for which a Credit Facility Issuer shall consent in replacement of the
Registered Owners, notice of such amendment or modification along with a copy of such
supplemental resolution shall be sent to each Rating Agency at least twenty (20) days prior to the
adoption of such amendment or modification.
Any provision of this resolution to the contrary notwithstanding, if under any provision
hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if
at the time such consent or approval would otherwise be called for such Credit Facility Issuer is not
in compliance with its payment obligations of or is contesting its obligations under its Credit
Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be
suspended while any such noncompliance or contest is ongoing.
Except as expressly provided herein to the contrary, neither the County nor the Paying Agent
shall take the Credit Facility into effect in detennining whether the rights of Registered Owners are
adversely affected by actions taken pursuant to the tenns and provisions of the Resolution.
The Credit Facility issuer shall be inc1uded as a party in interest and as a party entitled to (i)
notify the Paying Agent or any trustee or the County to intervene in judicial proceedings that affect
the Bonds or the security therefor. The trustee, the Paying Agent and the County shall be required
to accept notice of default from the Credit Facility Issuer.
The specific provisions with respect to the Holiday Pines Credit Facility and the North
Hutchinson Island Credit Facilities are attached hereto as Exhibit A and Exhibit B, respectively, and
incorporated herein by reference as though fully set forth herein.
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SECTION 6.03. NO RECOURSE. No recourse shall be had for the payment of the Debt
Service on the Bonds, or for any claim based thereon or on this resolution, against any present or
former member or officer of the Board or any person executing the Bonds.
SECTION 6.04. DEFEASANCE. Notwithstanding the foregoing prOVISIOns of this
resolution, if, at anytime, the County shall have paid, or shall have made provision for payment of,
the principal, interest and redemption premiums, if any, with respect to any Bonds, then, and in that
event, the pledge of and lien on the Pledged Revenues in favor of the Registered Owners of such
Bonds shall be no longer in effect. For purposes of the preceding sentence, deposit of noncallable
Defeasance Obligations in irrevocable trust with a banking institution or trust company, for the sole
benefit of the Registered Owners of such Bonds, in respect to which such Defeasance Obligations,
the principal and interest received will be sufficient, without reinvestment, in the opinion of an
Independent Certified Public Accountant to make timely payment of the Debt Service on such
outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Counsèl to the
effect that such deposit has no adverse effect on the exclusion from gross income for federal income
tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein
shall be deemed to require the County to call any of the Outstanding Bonds for redemption prior to
maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of
the County in determining whether to exercise any such option for early redemption.
Notwithstanding the foregoing, amounts paid by a Credit Facility Issuer under a Credit Facility or a
Reserve Account Credit Facility shall not be deemed paid for the purposes of this section and shall
remain due and owing hereunder until paid in accordance with this resolution.
SECTION 6.05. PAYMENTS DUE AND ACTS REQUIRED TO BE DONE ON DAYS
WHICH ARE NOT BUSINESS DAYS; TIME. The following provisions shall govern the
calculation of the time for performance hereunder: (a) in any case where any payment of Debt
Service is required to be paid on a date which is not a Business Day, then such payment need not be
made on such date, but shall be made on the next succeeding Business Day, with the same force and
effect as if made on the date fixed for such payment, and no interest shall accrue on such payment
for the period after such date if such payment is made on such next succeeding Business Day; (b) in
any case where any act is required or any notice is required to be given hereunder on any day other
than a Business Day, then such act shall be done or such notice shall be given on the next
succeeding Business Day, with the same force and effect as if such act had been performed or such
notice had been given on the date required; and (c) all times for the making of any payment or the
performance of any act, as provided in this resolution means the local time prevailing in the County
unless some other time is expressly provided for.
SECTION 6.06. MODIFICATION OR AMENDMENT. (a) No material modification or
amendment of this resolution or of any ordinance or resolution amendatory hereof or supplemental
hereto, may be made without the consent in writing of the Registered Owners of fifty-one percent
(51 %) or more in principal amount of the Bonds then Outstanding.
(b) The County, from time to time and at any time and without the consent or
concurrence of any Registered Owners of any Bonds, may adopt a resolution amendatory hereof or
supplemental hereto, if the provisions of such supplemental resolution sha1J not adversely affect the
rights of the Registered Owners of the Bonds then outstanding, for anyone or more of the following
purposes:
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(1) to make any changes or corrections in this resolution which the County shall
have been advised by counsel are required for the purpose of curing or correcting any
ambiguity or defect or inconsistent provision or omission or mistake or manifest error
contained herein, or to insert in this resolution such provisions clarifying matters or
questions arising hereunder as are necessary or desirable;
(2) to add additional covenants and agreements of the County for the purpose of
further securing the payment of the Bonds;
(3) to surrender any right, power or privilege reserved to or conferred upon the
County by the tenns hereof;
(4) to confinn by further assurance any lien, pledge or charge created or to be
created by the provisions hereof;
(5) to grant to or confer upon the Registered Owners any additional right, remedies,
powers, authority or security that lawfully may be granted to or conferred upon them;
(6) to obtain a Credit Facility and/or Reserve Account Credit Facility for any Series
or installment of Bonds;
(7) to obtain a Rating Category for any Series or installment of Bonds;
(8) to assure compliance with the Code;
(9) to provide such changes which, in the opinion of the County, based upon such
certificates and opinions of the Independent Consultant, Independent Certified Public
Accountant, Bond Counsel, financial advisors or other appropriate advisors as the
County may deem necessary or appropriate, will not materially adversely affect the
security of the Registered Owners, including, but not limited to, such changes as may
be necessary in order to adjust the tenns hereof so as to facilitate the issuance of other
types of obligations, including, but not limited to, bonds, notes, certificates, warrants
or other evidences of indebtedness, which are Subordinated Bonds;
(10) to modify any of the provisions of this resolution in any other respects, provided
that such modification shall not be effective (a) with respect to the Bonds outstanding
at the time such amendatory or supplemental resolution is adopted or (b) shall not be
effective (i) until the Bonds Outstanding at the time such amendatory or supplemental
resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners
thereof consent thereto.
(c) The foregoing provisions of (a) and (b) notwithstanding, (1) no consent of any
Registered Owners shall be required with respect to modification or amendment as to which
modification or amendment the Credit Facility Issuer has provided its prior written consent and (2)
no modification or amendment (other than as described in paragraphs (1) through (5) of paragraph
(b), above) shall be effective without the prior written consent to such modification or amendment
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of the Credit Facility Issuer, and (3) no modification or amendment shall pennit a change in the
maturity of such Bonds, a reduction in the rate of interest thereon, a reduction in the amount of the
principal obligation represented thereby or a reduction in the redemption premium required to be
paid in connection with any optional redemption thereof; nor shall any modification or amendment
either affect the unconditional promise of the County to pay the principal of and interest on the
Bonds, as the same shall become due, from the Pledged Revenues, or reduce the percentage of
Registered OWners of Bonds above required to consent to such material modifications or
amendments, without the consent of the Registered Owners of all such Bonds and any Credit
Facility Issuer.
A notice and a copy of any amendment or modification shall be sent to each of the Rating
Agencies at least twenty (20) days prior to the execution or adoption thereof; provided that failure to
send such notice shall not affect the validity of any such modification or amendment.
SECTION 6.07. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the
covenants, agreements or provisions of this resolution should be held to be contrary to any express
provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to
be against public policy, or should for any reason whatsoever be held invalid, then such covenants,
agreements, or provisions shall be null and void and shall be deemed separate from the remaining
covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions
of this resolution or of the Bonds.
SECTION 6.08. REPEALING CLAUSE. All resolutions of the County, or parts thereof, in
conflict with the provisions of this resolution are to the extent of such conflict, hereby superseded
and repealed.
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SECTION 6.09. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED by the Board of County Commissioners at a regular meeting
duly called and held this 27th day of September 2005.
(SEAL)
ST. LUCIE COUNTY, FLORIDA
By:
Chair, Board of County Commissioners
A TrEST:
By:
Clerk of the Circuit Court,
ex officio Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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EXHIBIT A
HOLIDAY PINES BONDS CREDIT FACILITY PROVISIONS
In consideration of the issuance by the Credit Facility Issuer of the Holiday Pines Credit
Facilities, the County hereby covenants and agrees as follows:
A. Bond Registrar and Paying Agent. Any Paying Agent, Bond Registrar or other
fiduciary shall be a commercial bank with trust powers.
B. Payments Under the Policy/Other Required Provisions.
1. In the event that, on the second Business Day, and again: on the Business Day, prior
to the payment date on the Bonds, the Paying Agent has not received sufficient moneys to pay all principal
of and interest on the Bonds due on the second following or following, as the case may be, Business Day,
the Paying Agent shall immediately notifY the Bond Insurer or its designee on the same Business Day by
telephone or telegraph, confmned in writing by registered or certified mail, of the amount of the deficiency.
2. If the deficiency is made up in whole or in part prior to or on the payment date, the
Paying Agent shall so notifY the Bond Insurer or its designee.
3. In addition, if the Paying Agent has notice that any Bondholder has been required
to disgorge payments of principal or interest on the Bonds to a trustee in bankruptcy or creditors or others
plU'Suant to a fmal judgment by a court of competent jurisdiction that such payment constitutes an avoidable
preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying
Agent shall notifY the Bond Insurer or its designee of such fact by telephone or telegrapillc notice,
confirmed in writing by registered or certified mail.
4. The Paying Agent is hereby irrevocably designated, appointed, directed and
authorized to act as attorney-in-fact for Holders of the Bonds as follows:
a. If and to the extent there is a deficiency in amounts required to pay interest on the
Bonds, the Paying Agent shall (a) execute and deliver to U.S. Bank Trust National Association, or its
successors under the Policy (the "Insurance Paying Agent"), in form satisfactOlY to the Insurance Paying
Agent, an instrument appointing the Bond Insurer as agent for such Holders in any legal proceeding related
to the payment of such interest and an assignment to the Bond Insurer of the claims for interest to willch
such deficiency relates and willch are paid by the Bond Insurer, (b) receive as designee of the respective
Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment from the Insurance
Paying Agent with respect to the claims for interest so assigned, and (c) disblU'Se the same to such respective
Holders; and
b. If and to the extent of a deficiency in amOlmts required to pay principal of the
Bonds, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to
the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for such Holder in any legal
proceeding relating to the payment of such principal and an assignment to the Bond Insurer of any of the
Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not
previously been paid or for willch moneys are not held by the Paying Agent and available for such payment
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(but such assignment shall be delivered only if payment ITom the Insurance Paying Agent is received), (b)
receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the
Policy payment therefor ITom the Insurance Paying Agent, and (c) disburse the same to such Holders.
5. Payments with respect to claims for interest on and principal of the Bonds
disbursed by the Paying Agent ITom proceeds of the Policy shall not be considered to discharge the
obligations of the County with respect to such Bonds, and the Bond Insurer shall become the owner of such
unpaid Bonds and claims for the interest in accordance with the tenor of the assignment made to it under the
provisions of this subsection or otherwise.
6. Irrespective of whether any such assignment is executed and delivered, the County
and the Paying Agent hereby agree for the benefit of the Bond Insurer that:
a. They recognize that to the extent the Bond Insurer makes payments, directly or
indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Bonds, the
Bond Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and
interest ITom the County, with interest thereon as provided and solely ITom the sources stated in the
Resolution and the Bonds; and
b. They will accordingly pay to the Bond Insurer the amount of such principal and
interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the
Policy, which principal and interest shall be deemed past due and not to have been paid), with interest
thereon as provided in the Resolution and the Bonds, but only ITom the sources and in the manner provided
herein for the payment of principal of and interest on the Bonds to Holders, and will otherwise treat the
Bond Insurer as the owner of such rights to the amount of such principal and interest.
7. In connection with the issuance of additional Bonds, the County shall deliver to the
Bond Insurer a copy of the disclosure document, if any, circulated with respect to such additional Bonds.
8. Copies of any amendments made to the documents executed in connection with
the issuance of the Bonds which are consented to by the Bond Insurer shall be sent to Standard & Poor's
Corporation.
9. The Bond Insurer shall receive notice of the resignation or removal of the Paying
Agent and the appointment of a successor thereto.
IO. The Bond Insurer shall receive copies of all notices required to be delivered to
Bondholders and, on an annual basis, copies of the County's audited financial statements and Annual
Budget.
11. The County agrees not to use MBIA's name in any public document including,
without limitation, a press release or presentation, announcement or forum without MBIA's prior consent.
In the event that the County is advised by counsel that it has a legal obligation to disclose MBIA's name in
any press release, public announcement or other public document, the County shall provide MBIA with at
least three (3) business days' prior written notice of its intent to use MBIA's name together with a copy of the
proposed use ofMBIA's name and of any description of a transaction with MBIA and shan obtain MBIA's
prior consent as to the form and substance of the proposed use ofMBIA's name and any such description.
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12. The County shall not enter into any agreement nor shall it consent to or
participate in any arrangement pursuant to which Bonds are tendered or purchased for any
purpose other than the redemption and cancellation or legal defeasance of such Bonds without
the prior written consent of MBIA.
13. Notices. Any notices required to be sent under the Commitment or the
Policy will be sent by registered or certified mail to: MBIA Insurance Corporation, 113 King
Street, Armonk, N.Y. 10504, Attention: Insured Portfolio Management, with a copy to Attention:
Surveillance. In particular, (1) the Bond Insurer will be provided with (a) notice of (i) any
amendments to the Resolution, (b) at least 15 days' advance notice of any proposed defeasance
of the Series 2004A Bonds, (c) an opinion of Bond Counsel in connection with any defeasance to
the effect that the escrow agreement entered into in connection with such defeasance complies
with the requirements of the Resolution and effectively defeases the lien of the refunded bonds
on the Pledged Revenues, and (d) copies of the Official Statements for any Additional Parity
Bonds, and (2) S&P will be provided with copies of any amendments to the Resolution.
14. Authorized Investments shall to the extent required by the Bond Insurer,
be deemed to include only the following investments:
A. Direct obligations of the United States of America (including obligations
issued or held in book-entry form on the books of the Department of the Treasury, and
CATS and TIGRS) or obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America.
B. Bonds, debentures, notes or other evidence of indebtedness issued or
guaranteed by any of the following federal agencies and provided such obligations are
backed by the full faith and credit of the United States of America (stripped securities are
only permitted if they have been stripped by the agency itself):
1. U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates ofbeneficiaJ ownership
2. Farmers Home Administration (FmHA)
Certificates of beneficial ownership
3. Federal Financing Bank
4. Federal Housing Administration Debentures (FHA)
5. General Services Administration
Participation certificates
6. Government National Mortgage Association (GNMA or "Ginnie
Mae")
GNMA - guaranteed mortgage-backed bonds
GNMA - guaranteed pass-through obligations
(not acceptable for certain cash-flow sensitive issues.)
7. U.S. Maritime Administration
Guaranteed Title XI financing
8. U.S. Department of Housing and Urban Development (HUD)
Project Notes
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Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed
public housing notes and bonds
C. Bonds, debentures, notes or other evidence of indebtedness issued or
guaranteed by any of the following non-full faith and credit U.S. government agencies
(stripped securities are only permitted if they have been stripped by the agency itself):
1. Federal Home Loan Bank System
Senior debt obligations
2. Federal Home Loan Mortgage Corporation (FHLMC or
"Freddie Mac")
Participation Certificates
Senior debt obligations
3. Federal National Mortgage Association (FNMA or "Fannie
Mae")
Mortgage-backed securities and senior debt obligations
4. Student Loan Marketing Association (SLMA or "Sallie
Mae")
Senior debt obligations
5. Resolution Funding Corp. (REFCORP) obligations
6. Farm Credit System
Consolidated systemwide bonds and notes
D. Money market funds registered under the Federal Investment Company
Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a
rating by S&P of AAAm-G; AAA-m; or AA-m and if rated by Moody's rated Aaa, Aal or Aa2.
E. Certificates of deposit secured at all times by collateral described in (A)
and/or (B) above. Such certificates must be issued by commercial banks, savings and loan
associations or mutual savings banks. The collateral must be held by a third party and the
bondholders must have a perfected first security interest in the collateral.
F. Certificates of deposit, savings accounts, deposit accounts or money
market deposits which are fully insured by FDIC, including BIF and SAIF.
G. Investment Agreements, including GIC's, Forward Purchase Agreements
and Reserve Fund Put Agreements acceptable to MBIA (Investment Agreement criteria is
available upon request).
H. Commercial paper rated, at the time of purchase, "Prime - 1" by Moody's
and "A-I" or better by S&P.
I. Bonds or notes issued by any state or municipality which are rated by
Moody's and S&P in one of the two highest rating categories assigned by such agencies.
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1. Federal funds or bankers acceptances with a maximum term of one year of
any bank which has an unsecured, uninsured and unguaranteed obligation rating of "Prime - I"
or "A3" or better by Moody's and "A-l" or "A" or better by S&P.
K. Repurchase Agreements ("Repos") for 30 days or less must follow the
following criteria. Repurchase Agreements which exceed 30 days must be approved by MBIA.
Repurchase agreements provide for the transfer of securities fÌ'om a dealer bank or securities firm
(seller/borrower) to a municipal entity (buyer/lender), and the transfer of cash fÌ'om a municipal
entity to the dealer bank or securities firm with an agreement that the dealer bank or securities
firm will repay the cash plus a yield to the municipal entity in exchange for the securities at a
specified date.
1. Repos must be between the municipal entitv and a dealer bank or
securities firm as follows:
a. Primarv dealers on the Federal Reserve reporting dealer list which
are rated A or better by Standard & Poor's Corporation and
Moody's Investor Services, or
b. Banks rated "A" or above by Standard & Poor's Corporation and
Moody's lnvestor Services.
2. The written Repos contract must include the following:
a. Securities which are acceptable for transfer are:
(I) Direct U.S. governments, or
(2) Federal agencies backed by the full faith and credit
of the U.S. government (and FNMA & FHLMC)
b. The term of the Repos mav be up to 30 days
c. The collateral must be delivered to the municipal entity, trustee (if
trustee is not supplying the collateral) or third party acting as agent
for the trustee (if the trustee is supplying the collateral)
before/simultaneous with payment (perfection by possession of
certificated securities).
d. Valuation of Collateral
(I) The securities must be valued weeklv. marked-to-
market at current market price plus accrued interest
The value of collateral must be equal to 104% of the
amount of cash transferred by the municipal entity to the dealer bank or
security firm under the repo plus accrued interest. If the value of
securities held as collateral slips below 104% of the value of the cash
transferred by municipality, then additional cash and/or acceptable
securities must be transferred. If, however, the securities used as collateral
are FNMA or FHLMC, then the value of collateral must equal 105%.
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3. Legal opinion must be delivered to the County to the effect that the Repo
meets guidelines under state law for legal investment of public funds.
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EXHIBIT B
NORTH HUTCHINSON BONDS CREDIT FACILITY PROVISIONS
DEFINITIONS
In consideration of the issuance by the Credit Facility Issuer of the North Hutchinson Credit
Facilities, the County hereby covenants and agrees as follows:
The following definitions are those which Ambac Assurance recommends for the Financing Document:
"Ambac Assurance" shall mean Ambac Assurance Corporation, a Wisconsin-domiciled stock
insurance company.
"Financial Guaranty Insurance Policy" shall mean the financial guaranty insurance policy issued by
Ambac Assurance insuring the payment when due of the principal of and interest on the Obligations
as provided therein.
AMBAC ASSURANCE CONSENT LANGUAGE
Ambac Assurance requires that the Financing Document include the following consent provisions:
A. Consent of Ambac Assurance.
Any provision of this [Financing Document] expressly recognizing or granting rights in or to Ambac
Assurance may not be amended in any manner which affects the rights of Ambac Assurance hereunder
without the prior written consent of Ambac Assurance. Ambac Assurance reserves the right to charge
the Obligor* a fee for any consent or amendment to the Financing Document while the Financial
Guaranty Insurance Policy is outstanding.
B. Consent of Ambac Assurance in lieu of Holder Consent.
Unless otherwise provided in this Section, Ambac Assurance's consent shall be required in lieu of Holder
consent, when required, for the following purposes: (i) execution and delivery of any supplemental
[Financing Document] or any amendment, supplement or change to or modification of the [Loan
Agreement, Lease Agreement, etc.] (ii) removal of the Trustee or Paying Agent and selection and
appointment of any successor trustee or paying agent [required in those transactions in which the
Financing Document provides for a trustee or paying agent]; and (iii) initiation or approval of any action
not described in (i) or (ii) above which requires Holder consent.
C. Consent of Ambac Assurance in the Event ofInsolvency
Any reorganization or liquidation plan with respect to the Obligor* must be acceptable to Ambac
Assurance. In the event of any reorganization or liquidation, Ambac Assurance shall have the right to
vote on behalf of all Holders who hold Ambac Assurance-insured Obligations absent a default by Ambac
Assurance under the applicable Financial Guaranty Insurance Policy insuring such Obligations.
[In transactions for which acceleration is not a remedy for an event of default, the following provision
is to be included in the Financing Document.]
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D. Consent of Ambac Assurance Upon Default.
Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and
continuance of an event of default as defined herein, Ambac Assurance shall be entitled to control and
direct the enforcement of all rights and remedies granted to the Holders or the Trustee fCJr the benefit of
the Holders under this [Financing Document).
'" or appropriate obligor on the Obligations.
[In transactions for which acceleration is a remedy for an event of default, the following two provisions
must be included in the Financing Document in lieu of paragraph D above.]
D. Consent of Ambac Assurance Upon Default.
Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and
continuance of an event of default as defined herein, Ambac Assurance shall be entitled to control and
direct the enforcement of all rights and remedies granted to the Holders or the Trustee for the benefit of
the Holders under this [Financing Document], including, without limitation: (i) the right to accelerate the
principal ofthe Obligations as described in this [Financing Document], and (ii) the right to annul any
declaration of acceleration, and Ambac Assurance shall also be entitled to approve all waivers of events
of default.
E. Acceleration Rights
Upon the occurrence of an event of default, the Trustee may, with the consent of Ambac Assurance, and
shall, at the direction of Ambac Assurance or _% ofthe Holders with the consent of Ambac Assurance,
by written notice to the Obligor and Ambac Assurance, declare the principal of the Obligations to be
immediately due and payable, whereupon that portion of the principal of the Obligations thereby coming
due and the interest thereon accrued to the date of payment shall, without further action, become and be
immediately due and payable, anything in this [Financing Document] or in the Obligations to the
contrary notwithstanding.
NOTICES/INFORMATION TO BE GIVEN TO AMBAC ASSURANCE
Ambac Assurance requires that the following notice provisions be incorporated in the Financing Document:
Notices to be sent to the attention ofthe SURVEILLANCE DEPARTMENT:
A. While the Financial Guaranty Insurance Policy is in effect, the Obligor'" or the Trustee [as
appropriate] shall furnish to Ambac Assurance, upon request, the following:
(a) a copy of any financial statement, audit and/or annual report ofthe Obligor'"
(b) such additional information it may reasonably request.
Upon request, such information shaIJ be delivered at the Obligor's'" expense to the attention of the
SurveiIJance Department, unless otherwise indicated.
B. a copy of any notice to be given to the registered owners of the Obligations, including, without
limitation, notice of any redemption of or defeasance of Obligations, and any certificate rendered
pursuant to this [Financing Document] relating to the security for the Obligations.
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C. To the extent that the Obligor has entered into a continuing disc]osure agreement with
respect to the Obligations, Ambac Assurance shall be included as party to be notified.
Notices to be sent to the attention ofthe GENERAL COUNSEL OFFICE:
A. The Trustee or Obligor'" [as appropriate] shall notify Ambac Assurance of any failure of the
Obligor'" to provide relevant notices, certificates, etc.
B. Notwithstanding any other provision of this [Financing Document], the Trustee or Ob1igor* [as
appropriate) shall immediately notify Ambac Assurance if at any time there are insufficient moneys
to make any payments of principal and/or interest as required and immediately upon the occurrence
of any event of default hereunder.
Other Information to be !!:iven to Ambac Assurance:
The Obligor* will pennit Ambac Assurance to discuss the affairs, finances and accounts of the
Obligor* or any infonnation Ambac Assurance may reasonably request regarding the security for the
Obligations with appropriate officers of the Obligor*. The Trustee or Obligor* [as appropriate] will
pennit Ambac Assurance to [have access to the Project and] have access to and to make copies of all
books and records relating to the Obligations at any reasonable time.
*or appropriate obligor on the Obligations
Ambac Assurance shall have the right to direct an accounting at the Obligor's expense, and the
Obligor's failure to comply with such direction within thirty (30) days after receipt of written
notice of the direction from Ambac Assurance shall be deemed a default hereunder; provided,
however, that if compliance cannot occur within such period, then such period will be extended
so long as compliance is begun within such period and diligently pursued, but only if such
extension would not materially adversely affect the interests of any registered owner of the
Ob1igations_
AMBAC ASSURANCE CORPORATION
Permitted Investment Guidelines:
Permitted Investments
A. Ambac Assurance will allow the following obligations to be used as Permitted Investments for all
purposes, including defeasance investments in refunding escrow accounts.
(Ambac Assurance does not give a premium credit for the investment of accrued and/or capitalized
interest).
(1) Cash (insured at all times by the Federal Deposit Insurance Corporation),
(2) Obligations of, or obligations guaranteed as to principal and interest by, the U.S. or any agency
or instrumentality thereof, when such obligations are backed by the full faith and credit of the
U.S. including:
. U.S. treasury obligations
. All direct or fulJy guaranteed obligations
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. Farmers Home Administration
. General Services Administration
· Guaranteed Title XI financing
· Government National Mortgage Association (GNMA)
· State and Local Government Series
Any security used for defeasance must provide for the timely payment of principal and interest and
cannot be callable or prepayable prior to maturity or earlier redemption ofthe rated debt (excluding
securities that do not have a fixed par value and/or whose terms do not promise a fixed dollar
amount at maturity or call date).
B. Ambac will allow the following Obligations to be used as Permitted Investments for all purposes
other than defeasance investments in refunding escrow accounts.
(l ) Obligations of any of the following federal agencies which obligations represent the full faith
and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-U.S. Maritime Administration
-Small Business Administration
-U.S. Department of Housing & Urban Development (PHAs)
-Federal Housing Administration
-Federal Financing Bank
(2)Direct obligations of any of the following federal agencies which obligations are not fully
guaranteed by the full faith and credit of the United States of America:
-Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or
Federal Home Loan Mortgage Corporation (FHLMC).
-Obligations of the Resolution Funding Corporation (REFCORP)
-Senior debt obligations of the Federal Home Loan Bank System
-Senior debt obligations of other Government Sponsored Agencies approved by Ambac
(3)U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic
commercial banks which have a rating on their short term certificates of deposit on the date of
purchase of "P-I" by Moody's and "A-I" or "A-I +" by S&P and maturing not more than 360
calendar days after the date of purchase. (Ratings on holding companies are not considered as the
rating of the bank);
(4) Commercial paper which is rated at the time of purchase in the single highest classification, "p-
I" by Moody's and "A-I+" by S&P and which matures not more than 270 calendar days after
the date of purchase;
(5)Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P;
(6)Pre-refunded Municipal Obligations defined as follows: any bonds or other obligations of any
state of the United States of America or of any agency, instrumentality or local governmental unit
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of any such state which are not callable at the option of the obligor prior to maturity or as to which
irrevocable instructions have been given by the obligor to call on the date specified in the notice;
and
(A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the
highest rating category of Moody's or S&P or any successors thereto; or
(B) (i) which are fully secured as to principal and interest and redemption premium, if any, by
an escrow consisting only of cash or obligations described in paragraph A(2) above, which
escrow may be applied only to the payment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on the maturity date or dates thereof or
the specified redemption date or dates pursuant to such irrevocable instructions, as
appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized
independent certified public accountant, to pay principal of and interest and redemption
premium, if any, on the bonds or other obligations described in this paragraph on the
maturity date or dates specified in the irrevocable instructions referred to above, as
appropriate; [Pre-refunded Municipal Obligations meeting the requirements of
subsection (B) hereof may be used as Permitted Investments for annual appropriation
lease transactions.
(7) Municipal Obligations rated "AaalAAA" or general obligations of States with a rating of
"A2/A" or higher by both Moody's and S&P.
(8) Investment Agreements approved in writing by Ambac Assurance Corporation (supported by
appropriate opinions of counsel); and
(9) other fonns of investments (including repurchase agreements) approved in writing by Ambac.
C. The value of the above investments shall be detennined as follows:
a) For the purpose of detennining the amount in any fund, all Pennitted Investments credited to
such fund shall be valued at fair market value. The Trustee shall detennine the fair market
value based on accepted industry standards and from accepted industry providers. Accepted
industry providers shall include but are not limited to pricing services provided by Financial
Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Steams, or
Lehman Brothers.
b) As to certificates of deposit and bankers' acceptances: the face amount thereof, plus. accrued
interest thereon; and
c) As to any investment not specified above: the value thereof established by prior agreement
among the Issuer, the Trustee, and Ambac.
DEFEASANCE LANGUAGE
A. The definition of "Outstanding" Obligations or obligations, or any like concept, should specifically
include Obligations or obligations which fall into the category described below.
B. The defeasance section of the Financing Document should include the following language:
Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the
Obligations shall be paid by Ambac Assurance Corporation pursuant to the Financial Guaranty Insurance
Policy, the Obligations shall remain Outstanding for all purposes, not be defeased or otherwise satisfied
and not be considered paid by the Obligor, and the assignment and pledge of the Trust Estate and all
covenants, agreements and other obligations of the Obligor to the registered owners shall continue to
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exist and shall run to the benefit of Ambac Assurance, and Ambac Assurance shall be subrogated to the
rights of such registered owners.
PAYMENT PROCEDURE PURSUANT TO THE
FINANCIAL GUARANTY INSURANCE
POLICY
The following language sets out the applicable procedure for payments under the Financial Guaranty
Insurance Policy and should be incorporated into the Financing Document:
As long as the ObJigation insurance shall be in fun force and effect, the Obligor, the Trustee and any Paying
Agent agree to comply with the following provisions:
(a) At least one (I) business day prior to all Interest Payment Dates the Trustee or Paying Agent, if
any, will determine whether there will be sufficient funds in the Funds and Accounts to pay the
principal of or interest on the ObJigations on such Interest Payment Date. If the Trustee or Paying
Agent, if any, determines that there will be insufficient funds in such Funds or Accounts, the Trustee
or Paying Agent, if any, shall so notify Ambac Assurance. Such notice shall specify the amount of
the anticipated deficiency, the ObJigations to which such deficiency is appJicable and whether such
ObJigations wiJI be deficient as to principal or interest, or both. If the Trustee or Paying Agent, if any,
has not so notified Ambac Assurance at least one (I) business day prior to an Interest Payment Date,
Ambac Assurance will make payments of principal or interest due on the Obligations on or before
the first (1st) business day next following the date on which Ambac Assurance shall have received
notice of nonpayment from the Trustee or Paying Agent, if any.
(b) the Trustee or Paying Agent, if any, shan, after giving notice to Ambac Assurance as provided in
(a) above, make available to Ambac Assurance and, at Ambac Assurance's direction, to The Bank of
New York, in New York, New York, as insurance trustee for Ambac Assurance or any successor
insurance trustee (the "Insurance Trustee"), the registration books of the Obligor maintained by the
Trustee or Paying Agent, if any, and all records relating to the Funds and Accounts maintained under
this [Financing Document).
(c) the Trustee or Paying Agent, if any, shall provide Ambac Assurance and the Insurance Trustee
with a list of registered owners of Obligations entitled to receive principal or interest payments from
Ambac Assurance under the terms of the Financial Guaranty Insurance PoJicy, and shall make
arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of
ObJigations entitled to receive full or partiaJ interest payments from Ambac Assurance and (ii) to pay
principal upon
Obligations surrendered to the Insurance Trustee by the registered owners of
Obligations entitled to receive full or partial principal payments from Ambac Assurance.
(d) the Trustee or Paying Agent, if any, shall, at the time it provides notice to Ambac Assurance
pursuant to (a) above, notify registered owners of Obligations entitled to receive the payment of
principal or interest thereon from Ambac Assurance (i) as to the fact of such entitlement, (ii) that
Ambac Assurance win remit to them an or a part of the interest payments next coming due upon
proof of Holder entitlement to interest payments and delivery to the Insurance Trustee, in form
satisfactory to the Insurance Trustee, of an appropriate assignment of the registered owner's right to
payment, (iii) that should they be entitled to receive full payment of principal from Ambac
Assurance, they must surrender their ObJigations (along with an appropriate instrument of
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assignment in form satisfactOl)' to the Insurance Trustee to permit ownership of such Obligations to
be registered in the name of Ambac Assurance) for payment to the Insurance Trustee, and not the
Trustee or Paying Agent, if any, and (iv) that should they be entitled to receive partial payment of
principal from Ambac Assurance, they must surrender their Obligations for payment thereon first to
the Trustee or Paying Agent, if any, who shall note on such Obligations the portion of the principal
paid by the Trustee or Paying Agent, if any, and then, along with an appropriate instrument of
assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then
pay the unpaid portion of principal.
(e) in the event that the Trustee or Paying Agent, if any, has notice that any payment of principal of
or interest on an Obligation which has become Due for Payment and which is made to a Holder by or
on behalf of the Obligor has been deemed a preferential transfer and theretofore recovered from its
registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in
accordance with the final, nonappealable order of a court having competent jurisdiction, the Trustee
or Paying Agent, if any, shall, at the time Ambac Assurance is notified pursuant to (a) above, notifY
an registered owners that in the event that any registered owner's payment is so recovered, such
registered owner will be entitled to payment from Ambac Assurance to the extent of such recovery if
sufficient funds are not otherwise available, and the Trustee or Paying Agent, if any, shall furnish to
Ambac Assurance its records evidencing the payments of principal of and interest on the Obligations
which have been made by the Trustee or Paying Agent, if any, and subsequently recovered from
registered owners and the dates on which such payments were made.
(f) in addition to those rights granted Ambac Assurance under this [Financing Document], Ambac
Assurance shall, to the extent it makes payment of principal of or interest on Obligations, become
subrogated to the rights of the recipients of such payments in accordance with the terms of the
Financial Guaranty Insurance Policy, and to evidence such subrogation (i) in the case of subrogation
as to claims for past due interest, the Trustee or Paying Agent, if any, shall note Ambac Assurance's
rights as subrogee on the registration books ofthe Obligor maintained by the Trustee or Paying
Agent, if any, upon receipt from Ambac Assurance of proof of the payment of interest thereon to the
registered owners of the Obligations, and (ii) in the case of subrogation as to claims for past due
principal, the Trustee or Paying Agent, if any, shall note Ambac Assurance's rights as subrogee on
the registration books of the Obligor maintained by the Trustee or Paying Agent, if any, upon
surrender of the Obligations by the registered owners thereof together with proof of the payment of
principal thereof.
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AGENDA REQUEST
'WII
ITEM NO. CA1
DATE: September 27,2005
REG U LAR []
PUBLIC HEARING []
CONSENT [X]
SUBMITTED BY (DEPT): Administration
TO: Board of County Commissioners
SUBJECT: Planning & Zoning Commission Appoint ent
BACKGROUND: Commissioner Smith has requested that Mr. Craig Mundt serve as his appointee on the
Planning & Zoning Commission.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/ A
RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Mr.
Craig Mundt to the Planning & Zoning Commission.
COMMISSION ACTION:
j( APPROVED
[] OTHER:
[] DENIED
CONC_d
p
Douglas M. Anderson
County Administrator
Approved 4-0
Comm. Coward Absent
Review and Approvals
County Attorney: Management & Budget: _
Originating Dept: - Other:
Finance: (Check for Copy only, if applicable)
Purchasing:
Other:
Effective: 5/96
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...,
St. Lucie County
Board of County Commissioners
Application for Serving- on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and
committees.
The minimum requirements for committee membership are:
. Must be a County resident
· Must not be related to another committee member, County Commissioner or County
employee involved with the committee of interest.
· Must not be employed by the same business entity as other committee members.
· Must not serve on more than 2 County committees
Note: Some committees have additional requirements¡ please inquire when submitting this
application. In addition, service on committees with planning, zoning or natural resources
responsibilities may require disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: C R.,,q Ie;: M v^-/ D I
Lf &- ~---ZOD I
Phone:
3. Home address:
çc '5-/ Ai, 14.1- ¡:::} 7:::!- 12 - I
4. Which commission district do you live in?
S-
5. Business/Occupation
.iv/A
I
6. Business address:
7. Brief resume of education & experience: (Please attach resume)
Së¡; J47TncHcß
8. Do you currently serve on a county committee(s)? If so, please list:
Nc.
9. Why do you think you are qualified to serve on the committee(s) indicated?
p ¡q S ï G &,,/ £ /'t :J.I /YI Co AI T .E X l' ~ £ J -J:? ~ I c:: L:
i"'
10. Would you~sider serving on another board other than the one(s) stat~bove? (Please
speci fy)
11. Comments:
SIGNATURE: ~~ ,m~
DATE: 1// ;J../ c':'.y
St. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
¡:¡ Beach Preservation Task Force
¡:¡ Board of Adjustment
¡:¡ Central Florida Foreign-Trade Zone, Ine.
¡:¡ Children's Services Council
¡:¡ Citizen's Budget Development Committee
¡:¡ Code Enforcement Board
¡:¡ Community Development Block Grant Citizen's Advisory Task Force
¡:¡ Contractors Certification Board
¡:¡ Cultural Affairs Council
¡:¡ Emergency Medical Services Advisory Council
¡:¡ Environmental Advisory Committee
¡:¡ Environmental Hearing Board
¡:¡ FI. Dept. of Children and Family Services Committee District 15
¡:¡ FI. Dept. of Children and Family Services Nominating Qualifications Review
Committee District 15
¡:¡ Fort Pierce Harbor Advisory Committee
¡:¡ Historical Commission
¡:¡ Housing Finance Authority
¡:¡ Investment Committee
¡:¡ Library Advisory Board
@Planning & Zoning Commission/Local Planning Agency
¡:¡ Restudy Coordination Committee
¡:¡ St. Lucie County Recreation Advisory Board
¡:¡ Tourist Development Council
¡:¡ Treasure Coast Health Council, Ine.
¡:¡ Treasure Coast Regional Economic District/Overall Economic Development
Program Committee
¡:¡ Vegetation Protection Committee
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
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Resume for Craig Mundt
Education Graduate Study- two years law school
Bachelor of Arts- Georgia State University
Government
Experience
Elected three terms-Councilman and Mayor-North Palm Beach FL
Town provided police, fire, sanitation, planning & zoning, building
department, code enforcement, finance, recreation, marina and
municipal golf course
Aviation
Commercial Pilot- Single, Multi-engine and Instrument Ratings.
American Airlines Citation Flight Training; Flight Safety International
Gulfstream Aircraft Flight Training. 3200 hrs Total Flight Time.
Employment
1998-Present Retired
1989-1998 Senior Vice President- Sales and Marketing Gulfstream Aircraft
Division of General Dynamics
Vice President- Domestic Sales
Vice President- Pre-owned Aircraft
Director Special Projects
Director Gulf Jet Sales and Marketing
1988-1989 Executive Vice President-Imperial Aviation
1980- 1988 President- National Aircraft Sales
1973- 1980 National Sales manager- Citation Division Cessna Aircraft
Company
Regional Sales Manager- Citation Division Cessna Aircraft
1972- 1973 Vice President & General Manager Peachtree Air Service
1967 - 1972 Cessna Aircraft Company-Sales positions zone and regional level
Prior ESSO (now Exxon) Marketing Division
Personal
Age 64
Married- Two children
Military- Intelligence, H.D.
References Provided on request
Address 5051 N. A1A #12-1 Ft. Pierce, FL 34949
Phone/Fax (772) 465-2001
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AGENDA REQUEST
ITEM NO. JL
DATE: September 27, 2005
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNiY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Resolution No. 05-368 - Adopting Impact Fee Report by James C.
Nicholas, Ph.D.
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve Resolution No. 05-
368 and authorize the Chairman to sign the Resolution.
COMMISSION ACTION:
91as Anderson
County Administrator
[~ APPROVED [] DENIED
[ ] OTHER: Approved 4-0 Motion to
approved as amended by
the County Attorney.
County Attorney:
Ji.
Keview and Approvals
Management & Budget S&SPD:
Originating Dept_
Public Works Dir:
Parks & Rec. Dir.:
Finance: (Check for copy only, if applicable)
En 5/96
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
05-1592
DATE:
September 21, 2005
SUB.TECT:
Resolution No. 05-368 - Adopting Impact Fee Report by .Tames C.
Nicholas, Ph.D.
****..*****.************...*****...*.*.*.*************...*......*.........**.*
BACKGROUND:
Attached to this memorandum is a copy of a report prepared by Dr. James C. Nicholas
dated July 2005 entitled "Public Buildings Impact Fees for St. Lucie County. Roads Impact Fees
for St. Lucie County, and Parks Impact Fees for St. Lucie County." Also attached is Resolution
No. 05-368 which. if adopted, would adopt the report. The resolution also ratifies the ten
percent (1070) discount on payment of the Public Buildings Impact Fee, the Roads Impact Fee
and the Parks Impact Fee.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve Resolution No. 05-368 and authorize the
Chairman to sign the Resolution.
Daniel S. McIntyre
County Attorney
DSM/ caf
Attachment
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.PUBLIC BUILDINGS IMPACT
FEES FOR ST. LUCIE COUNTY
.ROAD IMPACT FEES FOR ST.
LUCIE COUNTY AND
.PARI<S IMPACT FEES FOR ST.
LUCIE COUNTY
Prepared By
James C. Nicholas, Ph.D.
July 2005
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Table of Contents
I. Impact Fees............~.............................................. 2
A. St Lucie County Impact Fee Program...................2
B. County Population Growth. ..................................:4-
C. Employment Growth ............................................6
D. Land Development ....................................... 8
II. Roads ...............................................................,.10
III. Public Buildings.................................................. 14
IV.- Parks & Recreation ........................................... 16
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I. Impact Fees
A. St Lucie County Impact Fee Program.
8t. Lucie County was one of the first counties in Florida to adopt impact fees. In 1986 the County
adopted road impact fees while park & recreation, public building, law enforcement, fire protec-
tion, public libraries and public education impact fees followed later. These impact fees all
followed what has become known as the needs or fonnula driven approach. This approach begins
with the specification of a quantities level of service, such as 7,500 vehicles per lane-mile per day.
The generalized cost of providing a unit of facility improvement, such as a lane-mile or road or an
acre of park land, is used to project the cost of maintaining aÌ1 adopted level of service. The
alternative to the needs driven method is the improvements method. This method allocates shares
of specified capital between existing and new development and then among the various components
of new development. The advantage of the improvements method is that there is a inventory of
improvements that are needed and a specific funding program, including impact fees, can be
designed to implement that set of improvements. St Lucie County has expressed a desire to move
from the genera] needs approach to impact fees to the more specific improvements approach. A set
of improvements driven impact fees are developed herein.
St Lucie County has implemented a system of countywide development impact fees. These fees are;
· Roads,
· Parks and recreation,
· Public buildings,
· Law enforcement (sheriff),
· Fire protection and EMS,
· Public libraries, and
· Public education.
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The existing impact fees are shown in Table 11-1.
TABLE 11-1
EXISTING IMPACT FEES
ST LUCIE COUNTY
2005
Roads Schools Parks Library Public
Buildinas
RESIDENTIAUUNIT:
Sino Ie Familv $2 059 $4 956 $456 $182 $347
Mobil Home/RV Unit IPark Onlv) $1 029 $1430 $299 $163 $227
Multi-familv 1/2 firs $1 500 $2 536 $406 $118 $310
Multi~familv 3+ firs $784 $2 536 $406 $118 $310
Hotel/Motel - ner room . $1950 $0 $293 $0 $224
Bed & Breakfast (Guest Rooms) $947 $0 $293 $0 $224
Other Residential $1 500 $4 956 $468 $182 $347
OFFICE AND FINANCIAL PER 1 000 FT2:
General Office $1 259 $0 $0 I $0 $390
Medical Office I $5 633 $0 $0 $0 $623
RETAIL PER 1000 FT2:
Retail - under 100 000 sf $2 673 $0 $0 $0 $438
Retail- 100000 - 499 999 sf $2 532 $0 $0 $0 $504
Retail - 500 000 + sf $2477 $0 $0 $0 $367
GASOLINE SERVICES (PER SERVICF POSITIONI
Gasoline Pumas $7 076 $0 $0 $0 $63
INDUSTRIAL PER 1 000 FT2:
Warehouse $414 $0 $0 $0 $55
Truck Terminal $835 $0 $0 $0 $111
General Industrial $461 $0 $0 $0 $89
INSTITUTIONAL PER 1 000 FT2:
School - Elem_ $1 136 $0 $0 $0 $499
School - Middle/Hioh School $1 125 $0 $0 $0 $2 206
Day Care Center $3 740 $0 $0 $0 $268
FraternalOro_ $860 $0 $0 $0 $0
Hosoital $1583 $0 $0 $0 $416
Nursino Home $352 $0 $0 $0 $449
Librarv $2 548 $0 $0 $0 $628
RECREATION (as snecifiedJ
Park ICity/County/StateJ - (oer acre) $214 $0 $0 $0 $63
Recreation Facility loer 1 000 sf) $292 $0 $0 $0 $79
Golf Course loer Acre) $475 $0 $0 $0 $162
MoYie Theatres IDer Seat) $41 $0 $0 $0 $71
This program was designed to assess a portion of the cost of infrastructure on the development creating the
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need for infrastructure improvements. The roads, park & recreation, public building and law enforcement
impact fee receipts are shared between the county and the City of Port 8t Lucie. The sharing is:
TABLE 11-2
DISTRIBUTION OF IMPACT FEE RECEIPTS
FEE DISTRIBUTION
IMPACT FEE SCHOOL FIRE
Admin SLC PSL DISTRICT DISTRICT
Law Enforcement 4% 77% 19%
Educational Facilities 4% 96%
Road 4% 38% 58%
Public BuildinQs 4% 81% 15%
Parks & Recreation 4% 29% 67%
Librarv 4% 96%
Fire/EMS 4% 96%
B. County Population Growth.
In order to develop equitable impact fees it is first necessary to identify demographic parameters for
the county. Table D-2 sets out the historic and projected growth ofSt Lucie County and of the city
ofPort 5t Lucie. Figure 1 graphically shows these data. The growth of the City of Port 5t Lucie
TABLE 11-2
HISTORIC AND PROJECTED GROWTH
ST LUCIE COUNTY AND PORT ST LUCIE
1980 - 2010
St Lucie Countv Port St Lucie
PODulation Dwellinas PODulation Dwellinas
1980 87 182 40915 14690 6359
1981 93 705 18789
1982 99 705 22 887
1983 104 673 25314
1984 109 833 27 999
1985 114738 30 968
1986 119960 34 252
1987 126 105 37 885
1988 132416 43 873 .
1989 139655 49 860
1990 150 171 73 843 55 866 24 241
1991 155 368 59 702
1992 159 302 62813
1993 163831 65 722
4
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TABLE 11-2
HISTORIC AND PROJECTED GROWTH
ST LUCIE COUNTY AND PORT ST LUCIE
1980 - 2010
St Lucie Countv Port S Lucie
PODulation Dwellinns ponulation Dwellinns
1994 167 833 68 223
1995 172212 71 776
1996 176 272 74894
1997 180 338 77 985
1998 184 242 80 484
1999 188 327 83 254
2000 192 695 91 262 88 769 36 785
2001 198211 93874 92493 38 328
2002 205 340 97251 96 430 39 960
2003 211 898 100 357 1 03 072 42712
2004 226216 1 07 138 115 155 47719
2005* 235716 111 637 122655 50 827
2006* 245216 116136 130 155 53 935
2007* 254716 120 636 137 655 57 043
2008* 264216 125 135 145 155 60 151
2009* 273716 129 634 152 655 63 259
2010* 283216 134134 160155 66 367
* Projected
SOURCES: Bureau of the Census, www census gov, Florida Statistical
Abstract, various years, St Lucie County, February 2005, and Fishkind &
Associates and City of Port St Lucie, September 2005u
has been very significant in the growth of the county. In 1980 Port 8t Lucie constituted 17% of total county
population. By 2000 this percentage had risen to 46%. Between ] 980 and 2005 77% of total county
population growth occurred within the City of Port 8t Lucie. It follows that 77% of the demand for
countywide infrastructure improvements has been from the City of Port 8t Lucie. It is anticipated that the
percentage oftotal county growth from Port 8t Lucie will remain at approximately 80%.
5
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c. Employment Growth
Population growth by in-migration has been the dominant factor within 8t Lucie County for the
recent past and is projected to continue that dominance in the foreseeable future. Population
growth stimulates employment first in demand for homes and then in demand for supporting
services. As demand and the labor force reach threshold size, industrial activities will begin to
occur both as import substitution and as export activities.
TABLE 11-4
EMPLOYMENT
ST LUCIE COUNTY
1998 - 2010
EMPLOYMENT Growth New Participation Rate
Jobs
1998 49 286 26_75%
1999 49274 -0_02% -12 26_16%
2000 51 134 3.77% 1860 26_54%
2001 51 961 1.62% 827 26.21%
2002 54 971 5_79% 3010 26.77%
2003 58 117 5_72% 3146 27-43%
2004 63 765 9_72% 5648 28_19%
2005" 66 000 351% 2235 28_00%
2006" 68 660 4.03% 2660 28_00%
2007" 71 320 3.87% 2660 28.00%
2008" 73 980 3_73% 2660 28.00%
2009" 76 640 3_60% 2660 28_00%
2010" 79 300 3A7% 2660 28.00%
" Projected
SOURCE: US Department of Labor,
Table II-4 shows the growth in employment by industry. The largest number of new jobs is
projected to be in health care with 4,698. This is closely followed by construction with 4,521. The
greatest rate of growth is for wholesale trade at 11.8% per year. Total employment is projected to
grow at 4% per year. The projected growth of population is 3.6%, indicating that the 8t Lucie
County economy is evolving, mòst likely by import substitution. The data would suggest that
distributional functions (warehousing) will increasing be performed within the county. This would
also appear to be the case for financial, administrative and managerial services.
6
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TABLE 11-5
GROWTH OF EMPLOYMENT BY INDUSTRY
ST LUCIE COUNTY
1998 - 2010
INDUSTRY NEW RATE OF
JOBS GROWTH
Aoriculture forestrv_ fishina and huntinn (2030) -4_0%
MininM . 17\ -2.5%
Construction 4521 8.2%
Manufacturino 926 2_7%
. 4295 11_8%
Wholesale trade
Retail trade 2628 2_5%
Transnortation and warehousino 78 1.9%
Information (264) -2.5%
Finance and insurance 1799 6_3%
Real estate and rental and leasino 538 4.8%
Professional and technical servicF>s 699 3_0%
Management of companies &
entemrises 4 0_3%
Administrative and waste services 3210 9.6%
Educational services 288 7.8%
Health care and social assistance 4698 4_8%
Arts entertainment and recreation 189 2.9%
Accommodation and food services 2360 4_0%
Other services exceot oublic admin. 242 1.2%
Unclassified 0 0_0%
Other 873 5.7%
Federal 387 5_0%
State 539 2.9%
Local 4039 3_7%
Total all industries 30 014 4.0%
While employment data are themselves interesting, they are included herein in order to project the demand
for non-residential development.
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D. Land Development
Table JI-6 shows the projected demand for non-residential floor space by general land use type. This
demand is projected using the ratio of employees per 1,000 square feet of floor area calculated by allocating
2002 to 2004 employees to the number of square feet of heated floor area by type of building as contained in
the records of the 8t Lucie County Property Appraiser. The ratios calculated for 8t Lucie County are:
LAND USE TYPE
Commercial/Retail
Office
Hotel/Motel
Industrial
Institutional
FP PER EMPLOYEE
653.60
291.58
861.84
1,107A2
868.24
TABLE 11-6
DEMAND FOR NON-RESIDENTIAL SPACE
ST LUCIE COUNTY
2005 - 2010
Retail Office Hotel/ Industrial Institu- Total
Motel tianal
2005 9 252 664 3 652 995 1 598 392 12654834 13048975 40 207 860
2006 9 549 467 3 829 885 1 658 871 13 169 432 13575327 41782981
2007 9 846 269 4006 775 1 719350 13684029 14101 678 43358101
2008 10143071 4183665 1 779 829 14198627 14628030 44 933 222
2009 10439873 4 360 555 1 840 308 14713225 15154381 46508342
2010 10736676 4 537 445 1 900 787 15227823 15680733 48 083 463
Chanae 1484011 884 450 302 394 2 572 989 2631 758 7875602
In addition to accommodating 22,496 new residences, 8t Lucie County will need to accommodate 7,875,602
additional square feet of non-residential development. Table 11-7 summarizes the magnitude of develop-
ment projected for the county:
8
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TABLE 11-7
PROJECTED DEVELOPMENT
ST LUCIE COUNTY
2005 - 2010
County Port St Lucie
PODulation 47 500 37500
Dwellinas 22 496 15540
Non-Residential:
Retail 1 484 011 1 098 342
Office 884 450 654 596
Hotel/Motel 302 394 223 807
Industrial 2 572 989 1 904313
Institutional 2631 758 1 947809
Total 7875602 5 828 868
NOTE It is not possible to project the precise location of non-
residential development
The projections shown in Table II-? indicate that approximately 80% of all county growth will occur either
within or proximate to the City of Port St Lucie. While the growth within the City will stimulate substantial
non-residential development, it is not possible to project the exact location within city limits. However, that
non-residential development will be the result of Port St Lucie growth and will be proximate to if not within
city limits.
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II.
Roads
The need for road improvements is om of the most important and most expensive facing a growing
community. St Lucie County has prepared a Capital Improvement Program (CIP) showing the roads
that will need improvement in order to accommodate the anticipated growth. This program is summa-
rized in Table ill-I. The expansion projects are identified by geographic zone, I through 4. Zones 3
and 4 are the Port St Lucie area.
CaDacitv Enhancements - 2006-10 ZONE I PSL ROC TOTAL
US 1 & Indrio Intersection 1 I $0 $374126 't374 126
Total Lennard Rd Proiect
Lennard Rd Ph I IPsl Blvd - Walton Rd) 4 $0 $0 ~O
Lennard Rd Ph Ii (Walton Rd-Us 1) 4 $0 $0 $0
Lennard Rd Iii Riaht Of Wav 4 $16126059 $0 ~16 126059
Lennard Rd Msbu Public Share 4 $3082 151 'to 't3 082 151
Lennard Road Widenina Row 4 $500 000 $0 $500 000
South Jenkins Road Construction 3 ~500 000 'to 't500 000
Glades & Selvitz Intersection 3 $0 $199976 $0
Picos Road 1 $0 $850 000 ~O
Citrus Ave Widenina ICtrv Gdn-Saear) 4 $0 $50 000 $50 000
So 25 St Phase Ii (Midwav-St James) 4 $19052 $0 ~19 052
Midwav Rd ( U.S 1-25th) 4 $8 020 877 ~5 347251 't13 368128
Edwards Rd & Selvitz Inter 2 $0 $531 021 . $531 021
Glades & Midwav Inter 3 $246 667 'to 't246 667
Glades & Midwav InUWalmart line! Uti) 3 $1 408 753 $0 $1 408753
Avenue "D" Imcrovements 2 ~O ~O ~O
Midwav Rd & Selvitz Inter 3 $850 000 $0 $850 000
Walton Rd Phase I (V Green To Lennard) 3 ~7 850 000 'to 't7 850 000
Indrio & Kinas Hwv Studv 1 $0 $250 000 $250 000
Jenkins (Midwav To Anale) 1 $0 $1 500000 $1500000
Jenkins Rd (10 Mile To Edwards) 1 $0 $1 500000 $1 500000
Midwav Rd (South 25th St -Turncike) 4 $494 000 'to ~494 000
West Midwav Row 4 $1 000000 $0 $1 000000
West Midwav Desian Plans 4 $1 000000 'to 't1 000000
West Midwav Road Construction 4 $1 0 000 000 $0 $10000000
Midwav And Weatherbee Intersection 4 $100000 ~O ~100 000
Indrio Road Widenina Desion Plans 1 $0 $1 500000 $1 500000
Indrio Road Widenina Construction 1 $0 $5 000 000 ~5 000 000
Indrio Road Widenina RIW Acauisition 1 $0 $1 000000 $1 000000
Kinas Hwv & Anole Road Studv 1 $0 $1 000000 't1 000000
TABLE 111-1
ROAD CAPACITY IMPROVEMENTS
2006 - 2010
10
TABLE 111-1
ROAD CAPACITY IMPROVEMENTS
20 6 2010
ZONE PSL
1
1
\.,;
-
-
,....,
ROC
1 500 000
1 500 000
22109874
SOURCE: St Lucie County, 2005 Adopted Capital Improvement Plan_
TABLE 111-2
CAPACITY IMPROVEMENT COST AND REVENUES BY AREA
Levels
PCL ROC Total Count
57.1% 42.9% 100.0%
0_00% 29_90% 21-4%
70_10% 0.00% 78_6%
51197559 22109874 73 952 639
31 168448 13292703 4461 150
82366007 35 402 577 118413789
11
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Table ill- 3 summarizes net capacity improvement costs by area and per Vehicular Mile of Travel added
during 2006 to 2010.
TABLE 111-3
ROAD IMPROVEMENTS COST PER VMT
PSL
51 197559
461 861
110.85
ROC
22755080
196607
115.74
Net Ca aci
New VMT
Per VMT
Fee er VMT
Table IH-4 uses the calculated net capacity improvement cost to recalculate road impact costs on a per
unit basis. This calculation is for a single mainland-wide fee that does not vary by district or service
area. The island areas would still have separate fee schedules (not shown) based on the unique travel
characteristics of those areas.
TABLE 111-4
IMPROVEMENTS IMPACT FEE
ST LUCIE COUNTY
LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu-
RATE LENGTH TRIPS ing Fee latian
Sino Ie Familv 920 5.10 100_0% 23-46 $2 059 $2 635
Mobile Home/Rec_ Vehicle 4.60 5_10 100_0% 11-73 $1 029 $1 317
Multi-Familv 1 & 2 Storv 6.70 5_10 100.0% n09 $1 500 $1 919
Multi-Familv 3 + Stories 3.50 5_10 100,0% 8.93 $784 $1 002
Hotel/Motel - Room 10.10 4-40 100_0% 22.22 $1 950 $2 496
Bed & Breakfast - Roam 4.90 4-40 100_0% 10.78 $947 $1 211
All Other Residential 6.70 5.10 100_0% 17.09 $1 500 $1 919
OFFICE & FINANCIAL PER 1 000 FT2:
Other Office 12.20 4_70 50.0% 14.34 $1259 I $1610
Medical Office 54.60 4_70 50.0% 64.16 I $5633 $7 205
RETAIL PER 1 000 FT2
Under 100 000 FT2 61.50 3.30 30_0% 30-44 $2 673 $3 419
100 000-399 999 FT2 37.95 3_80 40_0% 28_84 $2 532 $3 239
400 000 & Over 26.25 4_30 50.0% 28_22 $2477 $3 169
GASOLINE SERVICES:
Service Station Per Position 168_56 2.55 37_5% 80.59 $7 076 $9 051
INDUSTRIAL PER 1 000 FT2:
Warehouse 2-44 5_10 75_0% 4_67 $414 $524
Truck Terminal 4.93 5_10 75.0% 9-42 $835 $1 058
General Industrial 2,72 5_10 75_0% 5,19 $461 $583
INSTITUTIONAL:
School - Elem_ Per 1 000 FT2 12.03 4,30 50.0% 12_93 $1136 $1 452
School - Middle/Hinh Per 1 000 FT2 11.92 4.30 50.0% 12.81 $1 125 $1 439
Dav Care Per 1 000 FT2 79.26 4_30 25.0% 42,60 $3740 $4 785
12
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TABLE 111-4
IMPROVEMENTS IMPACT FEE
ST LUCIE COUNTY
LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu-
RATE LENGTH TRIPS ing Fee lation
Fraternal Orn_ Per 1 000 FT2 9.11 4.30 50_0% 9_79 $860 $1 100
Hosnital Per 1 000 FT2 16_78 4.30 50.0% 18_04 $1 583 $2 026
Nursina Home Per 1 000 FT2 3.72 4.30 50.0% 4.00 $352 $449
Librarv Per 1 000 FT2 54.00 4_30 25.0% 29.03 $2 548 $3 260
RECREATIONAL:
Park (Public\ Per Acre 2_28 4.30 50_0% 2-45 $214 $275
Recreation Facilitv lain Per 1 000 FT2 3.10 4_30 50.0% 3_33 $292 $374
Golf Course Per Acre 5.04 4_30 50.0% 5-42 $475 $608
13
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III.
Public Buildings
Table IV-I shows the capacity enhancements to countywide public buildings.
TABLE IV-1
PUBLIC BUILDING CAPACITY IMPROVEMENTS
2006 - 2010
CAPACITY IMPROVEMENTS
Inmate Workfarm
Debt Service - Jail
Public Defender's Office Ex ansion
Debt Service - Clerk of the Courts Suiidin
Emer enc 0 erations Center-
911 Communications Center
Buildin
TOTAL
IMPACT FEE REVENUE
NET
PSL
244 944
7 077 658
3136910
1 779649
SOURCE: St Lucie County, 2005 and 2006 Capital Improvement Plans_
A substantial portion (54%) of the public building costs are debt service on long-term debt
incurred for the jail and the Clerk of the Courts building. The total debt outstanding for these
two facilities is $40 million, amortized over 28 years. The disaggregation of improvement cost
is done on the basis oftotal dwelling units to be built in the county and within Port St Lucie.
A public buildings improvements impact fee is shown in Table IV-2. This fee is calculated to
equal the existing fee levels at $330 per capita. A revised calculation necessary to fully fund
the deficit shown in Table IV-I.
14
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TABLE IV-2
PUBLIC BUILDINGS IMPROVEMENT IMPACT FEE
ST LUCIE COUNTY
LAND USE TYPE (UNIT) Existing Revised % Change
Fee Calculation
Sinale Familv $347 $783 125_7%
Mobile Home/Rec_ Vehicle $227 $512 125_7%
Multi-Familv 3 + Stories $310 $700 125.7%
Multi-Familv 1 & 2 Storv $310 $700 125.7%
Hotel/Motel - Room $224 $506 125_7%
Bed & Breakfast - Room $224 $506 125.7%
All Other Residential $347 $783 125_7%
OFFICE AND FINANCIAL PER 1 000 FT2:
Other Office $390 I $880 I 125.7%
Medical Office I $623 $1 406 I 125_7%
INDUSTRIAL PER 1 000 FT2:
Warehouse $55 $124 125_7%
Truck Terminal $111 $251 125.7%
General Industrial $89 $201 125_7%
GASOLINE SERVICES
Service Station Per Position $63 $142 125.7%
RECREATIONAL:
Park (Public) Per Acre $63 $1A2 125_7%
Recreation Facilitv (all) Per 1 000 FT2 $79 $178 125.7%
Golf Course Per Acre $162 $366 125_7%
Movie Theatre $71 $160 125_7%
INSTITUTIONAL:
School - Elem_ Per 1 000 FT2 $499 $1 126 125.7%
School - Middle/Hiah Per 1 000 FT2 $2 206 $4 979 125_7%
Dav Care Per 1 000 FT2 $268 $605 125_7%
Fraternal Ora_ Per 1 000 FT2 $0 $0 0_0%
Hosoital Per 1 000 FT2 $416 $939 125.7%
Nursina Home Per 1 000 FT2 $448 $1 011 125_7%
Librarv Per 1 000 FT2 $628 $1 417 125_7%
RETAIL PER 1 000 FT2
Under 100000 FT2 $438 $989 125.7%
100 000-399 999 FT2 $504 $1 137 125.7%
400 000 & Over $367 $828 125.7%
15
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IV. Parks & Recreation
Table V -1 shows the park & recreational improvements program from 2006 to 2010. Many of the
proposed improvements are repairs and replacements and such expenditures are not eligible impact
expenditures. Items shown in the Impact Fee column are those that are eligible impact fee
improvements. Those in the PSL column are those that serve the City of Port St Lucie and those in
the ROC column serve the rest of the county.
PARK IMPROVEMENT Total Imnact "'AA PSL ROC
Lakewood Park:
Communitv Clr/Park Develooment '1:200 000 '1:200 000 '1:0 '1:200 000
Community Ctr/Park Dev/Plavoround I $550 000 $550 000 $0 I $550 000
Lawnwood Sports Complex:
Concession/Restroom Construc-
tion/pool construction and gym
'1:1356150 $1 356150 $0 $1 356 150
Construction Pool/Gvmnasium $1 450000 '1:1 450 000 '1:0 $1 450000
Resurface tennis courts/sun shades '1:20 000 $0 $0 $0
Dollman Park:
Restroom/turn and decellanes $300 000 $300 000 $0 $300 000
Oceanside Restroom and
North/South Parking lots '1:1 550000 $1 550000 $1 317 500 $232 500
Phase I - Parking, drainage and
landscaping, Phase II - Restroom. $1150000 $1 150000 '1:977 500 '1:172 500
trail develonment
Onen Snace Pnol:
Reconstru ction/re novation $0 $0 '1:0 '1:0
Pool Renovation/Basketball Court '1:0 '1:0
Cover $400 000 $0
Basketball Court Covers '1:150 000 '1:0 $0 $0
White Cilv:
I BoardwalklBridoe '1:56 182 $56182 '1:28091 '1:28091
I Park Imnrovements $125000 $125000 I '1:62 500 $62 500
Walton Rocks:
Restroom Renovations '1:30 000 $0 '1:0 '1:0
Remodel kitchen/water filtration sys_
'1:25 000 $0 '1:0 $0
Restroom rlmovation/roadway paving
$525 000 $0 $0 $0
Paradise Park Pools:
TABLE V-1
PARK & RECREATION IMPROVEMENT PROGRAM
ST LUCIE COUNTY
16
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PARK IMPROVEMENT Total ImDact Fee PSL ROC
Renovation/Reconstruction $350 000 $0 ~O SO
Renaint surface ~8 000 $0 SO ~O
Ravenswood Pool:
SDlash Park/Bldn_ Construction ~414 000 $414000 $393 300 "20 700
Splash Park/Bldg. Construction and
Shuffleboard Court $700 000 $700 000 "665 ono ~35 000
Pool Renovations ~O "0 SO $0
Penner Park New Restroom Construction 5285 575 $285 575 ~O ~285 575
Elks Park
Restroom/Concession $485575 $485 575 ~O "485 575
Restroom/Concession $708 878 ~708 878 $0 $708 878
Coun'" Parks Irriaation to various Darks $485 575 $485 575 $0 $485 575
Savanna Camp Grounds: .
Replace Group Camping Area.
Dredging canals and installing $550.000 $0 $0 $0
drainaae svstem
Maintenance Shed Renovations ~86 700 $0 "0 $0
Electronic aate control (front Date1 "6420 $3210 $0 $3210
Fairgrounds:
Improvements - dump station/water
filtration system/campsites
$421 000 $210500 $147350 $63 150
Offices (North and South)
. Concession/Restroom $1 300 000 $650 000 $455 000 $195000
Equestrian Roofed Area &
stalls $1 160000 S>696 000 $487 200 $208 800
Completion of campgrounds.
showers. restroom_ Irrigation. paving
East and West Parking lot.
walkway/sidewalks $1 893678 $946 839 "662787 $284 052
Harbour Pointe Pavilion and iandscaninn "115443 $57 722 $0 $57 722
South Causew"v:
Desin n/Enn ineerinn/Parkinn $739 790 !1;739 790 $0 $739 790
LandscaninD and sidewalks $150 000 $75 000 $22 500 "52 500
I incoln Park:
Construction/Renovations "50 000 "0 $0 "0
Bldg renovation/design/construct $1 556000 $0 ~O $0
DVm
lIIous Ellis:
Construction Pop Warner Press $128833 $0 $128833
Box/Concession $257 665
New Restroom Construction $145 100 $145 100 $0 ~145 100
River Park Marina Playg ro u ndlT raiis/Boa rdwa Iks
Restrooms/boattrailer parking and
parking lot (Additional Master Plan
elements & Grant Fund matches) $550 000 !1;550 000 $440 000 $110000
TABLE V-1
PARK & RECREATION IMPROVEMENT PROGRAM
ST LUCIE COUNTY
17
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PARK IMPROVEMENT Total Impact Fee PSL ROC
Wavel~nd Park Renovate bldos $200 000 $0 $0 $0
10 Mile Creek/Don W....t Development $150000 $150000 $97 500 $52 500
South County Stadium:
Permanent Bleachers/Press
BoxlPA SystemNisitors Bathroom
& Concession/(2) Ticket booths
$1 600000 $1 280000 $1 216000 $64 000
Debt Service $144250 $144250 $137038 <r.7213
Bovs and Girls Club Shared develooment $550 000 $550 000 $522 500 $27 500
Frederick Douglas Roadway Improvements & Dune
crossovers $360 000 $360 000 $252 000 $108 000
John Brooks:
Roadwav Imorovements I $300 000 $150000 I $105000 $45 000
Road MilJinos $30 000 $0 I $0 '1:0
Fort Pierce Community
Cent..r:
Plavoround Eouioment $18 825 $18825 $0 $18 825
Desion/build lame screen room $10 000 '1:10000 $0 $10 000
Desion/Addition $50 000 $50 000 $0 $50 000
Civic Cent...;
Staoe Curtain $90 000 $0 $0 '1:0
Lie htine $30 000 '1:0 $0 $0
Maravilla Park Construct full-size basketball court '1:14126 $14126 - $0 $14126
Future Land Purchas.. Land ourchase $1 238500 $1 238500 $0 $1 238500
Recreation Divi"ion Office Sinnaoe $3 000 '1:750 $0 $750
Misc. ParkslBallfields Re-Iamo $0 $0 $0 $0
Continnencv $116125 $77 804 $0 $77 804
TOTALS $25211 557 $18064183 $7 988 766 $10075417
TABLE V-1
PARK & RECREATION IMPROVEMENT PROGRAM
ST LUCIE COUNTY
The items shown in Table V-I are summarized in Table V-2 and impact fee receipts are also
shown. It is clear that there is a deficit in the proposed improvement program. Park &
TABLE V-2
PARK & RECREATION IMPROVEMENTS
SUMMARY
recreation improvements projected impact fee receipts are shown in Table V -3. The existing fees
18
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..,J
RESOLUTION NO. 05-368
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY FLORIDA
, ,
PROVIDING FOR THE DESIGNATION OF THE UPDATED
PUBLIC BUILDINGS IMPACT FEE STUDY, ROADS IMPACT
FEE STUDY AND PARKS IMPACT FEE STUDY, WHICH WAS
ADOPTED AND INCORPORATED BY REFERENCE INTO
COUNTY ORDINANCE 05-030; PROVIDING FOR A
DISCOUNT FOR EARLY PAYMENT IN MUNICIPALITIES
THA T HA VE NOT AGREED TO ASSIST IN THE
COLLECTION OF IMPACT FEES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. On September 6,2005, the Board of County Commissioners of St. Lucie
County, Florida, adopted Ordinance 05-030, which amended Article II of the Code of St.
Lucie County relating to impact fees.
Section 2. Pursuant to Ordinance 05-030, the Board of County Commissioners
designated-and incorporated by reference into the Ordinance various studies entitled "Public
Buildings Impact Fees for St. Lucie County, " "Roads Impact Fees for St. Lucie County," and
"Parks Impact Fees for St. Lucie County," all dated July 2005. A copy of the studies which
were adopted by the Board and incorporated by reference into Ordinance 05-030 are
attached hereto as Exhibit "A".
Section 3. To encourage the payment of the Parks Impact Fee, Roads Impact Fee and
Public Buildings Impact Fee imposed upon new land development activity occurring within a
municipality that. has not agreed to assist in the collection of such impact fees, a feepayer
that pays such impact fees directly to the County within sixty (60) days of the receipt of an
Impact Fee Statement Notice shall be entitled to a ten percent (lOio) reduction in the amount
of those impact fees paid. Such discount shall only apply to the payment of the Public
Buildings Impact Fee, the Roads Impact Fee and the Parks Impact Fee.
Section 4. Effective Date. This resolution shall take effect immediately upon its
adoption.
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After motion and second the vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
xxx
xxx
xxx
xxx
xxx
Passed and Adopted this _ day of September, 2005, at a regular meeting duly
called and held.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
(SEAL)
By:
Chairman
ATTEsT:
By:
Clerk of the Circuit Court,
ex-officio Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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Ju-p-~
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. PUBLIC BUILDINGS 11\1PAcr
FEES FOR ST. LUGE CoUNTI
.ROAD 11\1PAcrFEES FORST.
LUGE CoUNTI AND
.PARKS 11\1PAcrFEES FORST.
LUGE CoUNTI
Prepared By
James C. Nicholas, Ph.D.
July 2005
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Table of Contents
I. Impact Fees........................................................,..2
A. St Lucie County Impact Fee Program. .................2
B. County Population Growth. ...................................4
C. Employment Growth............................................. 6
D. Land Development .......................................8
II. Roads ................................................................10
III. Public Buildings ................................................. 14
IV. Parks & Recreation........................................... 16
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I. Impact Fees
A. St Lucie County Impact Fee Program.
5t. Lucie County was one ofthe first counties in Florida to adopt impact fees. In 1986 the County
adopted road impact fees while park & recreation, public building, law enforcement, fire
protection, public libraries and public education impact fees followed later. These impact fees all
followed what has become known as the needs or fonnula driven approach. This approach begins
with the specification of a quantities level of service, such as 7,500 vehicles per lane-mile per day.
The generalized cost of providing a unit of facility improvement, such as a lane-mile or road or an
acre of park land, is used to project the cost of maintaining an adopted level of service. The
alternative to the needs driven method is the improvements method. This method allocates shares
of specified capital between existing and new development and then among the various compo-
nents of new development. The advantage ofthe improvements method is that there is a inventory
of improvements that are needed and a specific funding program, including impact fees, can be
designed to implement that set of improvements. 5t Lucie County has expressed a desire to move
from the general needs approach to impact fees to the more specific improvements approach. A set
of improvements driven impact fees are developed herein.
8t Lucie County has implemented a system of countywide development impact fees. These fees are;
·
Roads,
Parks and recreation,
Public buildings,
Láw enforcement (sheriff),
Fire protection and EMS,
Public libraries, and
Public education.
·
·
·
·
·
·
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The existing impact fees are shown in Table II-I.
TABLE 11-1
EXISTING IMPACT FEES
ST LUCIE COUNTY
2005
Roads Schools Parks Library Public
Buildinns
RESIDENTIAL/UNIT:
Sinnle Familv $2 059 $4 956 ~456 ~182 ~347
Mobil Home/RV Unit {Park Onlv\ ~1 029 $1 430 $299 $163 $227
Multi-familv 1/2 firs $1 500 $2 536 $406 $118 $310
Multi-familv 3+ firs ~784 $2 536 $406 $118 $310
Hotel/Motel - ner room $1 950 $0 ~293 ~O ~224
Bed & Breakfast IGuest Rooms' ~947 $0 $293 $0 $224
Other Residential $1500 $4 956 $468 $182 ~347
OFFICE AND FINANCIAL PER 1 000 FT2'
General Office I $1259 $0 $0 $0 ~390
Medical Office $5 633 $0 $0 ~O ~623
RETAIL PER 1 000 FT2:
Retail- under 100 000 sf $2 673 $Q $0 ~O $438
Retail - 100 000 - 499 999 sf ~2 532 $0 $0 $Q $504
Retail - 500 000 + sf $2477 $0 $0 $0 ~367
GASOLINE SERVICES IPER SERVICI: POSITION'
Gasoline Pumns ~7 076 I $0 I $0 $0 $63
INDUSTRIAL PER 1 000 FT2:
Warehouse ~414 $0 $0 $0 $55
Truck Terminal ~835 $0 $0 ~O $111
General Industrial ~461 $0 $0 $0 $89
INSTITUTlnNAL PER 1 000 FT2:
School - Elem. $1 136 $0 $0 $0 $499
School - Middle/Hinh School ~1 125 $0 $0 $0 ~2 206
Dav Care Center ~3 740 $0 ~O ~O $268
Fraternal Ora_ ~860 $0 $0 ~O ~O
Hosnital $1583 $0 $0 ~O $416
Nursino Home ~352 $0 . $0 $0 ~449
Librarv $2 548 $0 ~O ~O $628
RECREATION {as snecified\
Park ICitv/Countv/State\ - {ner acre\ $214 $0 ~O ~O ~63
Recreation Facilitv (ner 1 000 sf) ~292 $0 $0 $0 $79
Golf Course loer Acre) $475 $0 $0 ~O ~162
Movie Theatres {ner Seat\ $41 $0 $0 $0 $71
This program was designed to assess a portion of the cost of infrastructure on the development creating the
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need for infrastructure improvements. The roads, park & recreation, public building and law enforcement
impact fee receipts are shared between the county and the City of Port 8t Lucie. The sharing is:
FEE DISTRIBUTION
IMPACT FEE SCHOOL FIRE
Admin SLC PSL DISTRICT DISTRICT
Law Enforcement 4% 77% 19%
Educational Facilities 4% 96%
Road 4% 38% 58% .
Public Buildinas 4% 81% 15%
Parks & Recreation 4% 29% 67%
Librarv 4% 96%
Fire/EMS 4% 96%
TABLE 11-2
DISTRIBUTION OF IMPACT FEE RECEIPTS
B. County Population Growth.
In order to develop equitable impact fees it is first necessary to identify demographic parameters
for the county. Table II-2 sets out the historic and projected growth of St Lucie County and of the
city ofPort St Lucie. Figure 1 graphically shows these data. The growth of the City ofPort St
Lucie
TABLE 11-2
HISTORIC AND PROJECTED GROWTH
ST LUCIE COUNTY AND PORT ST LUCIE
1980 - 2010
St Lucie Countv Port St Lucie
PODulation Dwellinas PODulation Dwellinns
1980 87 182 40915 14690 6359
1981 93 705 18 789
1982 99 705 22 887
1983 104673 25314
1984 109 833 27 999
1985 114738 30 968
1986 119 960 34 252
1987 126 105 37 885
1988 132 416 43 873
1989 139 655 49 860
1990 150 171 73 843 55 866 24 241
1991 155 368 59 702
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TABLE 11-2
HISTORIC AND PROJECTED GROWTH
ST LUCIE COUNTY AND PORT ST LUCIE
1980 - 2010
St Lucie Countv Port St Lucie
PODulation Dwellinns ponulation Dwellinns
1992 159 302 62813
1993 163831 . 65 722
1994 167 833 68 223
1995 172 212 71 776
1996 176272 74894
1997 180 338 77 985
1998 184 242 80 484
1999 188 327 83 254
2000 192 695 91 262 88 769 36 785
2001 198211 93874 92 493 38 328
2002 205 340 97251 96 430 39 960
2003 211 898 100 357 1 03 072 42712
2004 226 216 107 138 115 155 47719
2005* 235716 111 637 122 655 50 827
2006* 245216 116 136 130 155 53 935
2007* 254716 120 636 137 655 57 043
2008* 264216 125 135 145155 60 151
2009* 273716 129 634 152 655 63 259
2010* 283216 134134 160 155 66 367
* Projected
SOURCES: Bureau of the Census, WWW ŒnSIIS gov, Florida Statistical
Abstract, various years, St Lucie County, February 2005, and Fishkind &
Associates and City of Port St Lucie, September 2005..
has been very significant in the growth of the county. In 1980 Port 8t Lucie constituted 17% of total county
population. By 2000 this percentage had risen to 46%. Between 1980 and 2005 77% of total county
population growth occurred within the City of Port 8t Lucie. It follows that 77% of the demand for
countywide infrastructure improvements has been tTom the City of Port 8t Lucie. It is anticipated that the
percentage of total county growth from Port 8t Lucie will remain at approximately 80%.
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c. Employment Growth
Population growth by in-migration has been the dominant factor within St Lucie County for the
recent past and is projected to continue that dominance in the foreseeable future. Population
growth stimulates employment first in demand for homes and then in demand for supporting
services. As demand and the labor force reach threshold size, industrial activities will begin to
occur both as import substitution and as export activities.
TABLE 11-4
EMPLOYMENT
ST LUCIE COUNTY
1998 - 2010
EMPLOYMENT Growth New Participation
Jobs Rate
1998 49 286 26.75%
1999 49 274 -0.02% -12 26.16%
2000 51 134 3.77% 1860 26.54%
2001 51 961 1.62% 827 26.21%
2002 54971 5_79% 3010 26.77%
2003 58 117 5.72% 3146 27.43%
2004 63 765 9.72% 5648 28.19%
2005
· 66 000 3-51% 2235 28.00%
2006
· 68 660 4.03% 2660 28.00%
2007
· 71 320 3.87% 2660 28.00%
2008
· 73 980 3.73% 2660 28.00%
2009
· 76 640 3_60% 2660 28.00%
2010
· 79 300 3.47% 2660 28.00%
. Projected
SOURCE: US Department of Labor,
Table II-4 shows the growth in employment by industry. The largest number of new jobs is
projected to be in health care with 4,698. This is closely followed by construction with 4,521. The
greatest rate of growth is for wholesale trade at 1] .8% per year. Total employment is projected to
grow at 4% per year. The projected growth of population is 3.6%, indicating that the St Lucie
County economy is evolving, most likely by import substitution. The data would suggest that
distributional functions (warehousing) will increasing be performed within the county. This would
also appear to be the case for financial, administrative and managerial services.
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TABLE 11-5
GROWTH OF EMPLOYMENT BY INDUSTRY
ST LUCIE COUNTY
199B -2010
INDUSTRY NEW RATE OF
JOBS GROWTH
Anriculture forestrv fishinn and huntino. (2030\ -4.0%
Minino. (7\ -2.5%
Construction 4521 8_2%
Manufacturino. 926 2.7%
Wholesale trade 4295 11.8%
Retail trade 2628 2.5%
Tr~n.nortation and warehousinn 78 1.9%
Information (264) -2.5%
Finance and insurance 1799 6.3%
Real estate and rental and leas inn 538 4.8%
Professional and technical services 699 3_0%
Management of companies &
enternrises 4 0.3%
Administrative and waste services 3210 9_6%
Educational services 288 7.8%
Health care and social assistance 4698 4.8%
Arts entertainment and recreation 189 2.9%
Accommodation and food services 2360 4.0%
Other services excent nublic admin. 242 1.2%
Unclassified 0 0.0%
Other 873 5.7%
Federal 387 5.0%
State 539 2.9%
Local 4039 3_7%
Total all industries 30014 4.0%
While employment data are themselves interesting, they are included herein in order to project the demand
for non-residential development.
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D. Land Development
Table 11-6 shows the projected demand for non-residential floor space by general land use type. This
demand is projected using the ratio of employees per 1,000 square feet of floor area calculated by allocating
2002 to 2004 employees to the number of square feet of heated floor area by type of building as contained in
the records ofthe St Lucie County Property Appraiser. The ratios calculated for St Lucie County are:
LAND USE TYPE
Commercial/Retail
Office
Hotel/Motel
Industrial
Institutional
FT' PER EMPLOYEE
653.60
291.58
861.84
1,107.42
868.24
TABLE 11-6
DEMAND FOR NON-RESIDENTIAL SPACE
ST LUCIE COUNTY
2005 - 2010
Retail Office Hotel/ Industrial Institu- Total
Motel tional
2005 9 252 664 3 652 995 1 598 392 12654834 13048975 40 207 860
2006 9 549 467 3 829 885 1 658 871 13169432 13575327 41 782981
2007 9 846 269 4 006 775 1 719 350 13684029 14101678 43358101
2008 10143071 4183665 1 779 829 14198627 14628030 44 933 222
2009 10439873 4 360 555 1 840 308 14713225 15154381 46 508 342
2010 10736676 4 537 445 1 900 787 15227823 15 680 733 48 083 463
Chang
e 1 484011 884 450 302 394 2 572 989 2 631 758 7 875 602
In addition to accommodating 22,~96 new residences, St Lucie County will need to accommodate 7,875,602
additional square feet of non-residential development. Table II-7 summarizes the magnitude of development
projected for the county:
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Countv Port St Lucie
Ponulation 47500 37 500
Dwellinns 22 496 15 540
Non-Residential:
Retail 1 484 011 1 098 342
Office 884450 654 596
Hotel/Motel 302 394 223 807
Industrial 2 572 989 1904313
Institutional 2631 758 1 947809
Total 7875 602 5 828 868
TABLE 11-7
PROJECTED DEVELOPMENT
ST LUCIE COUNTY
2005 - 2010
NOTE: It is not possible to project the precise location of non-
residential development.
The projections shown in Table II-7 indicate that approximately 80% of all county growth will occur either
within or proximate to the City of Port St Lucie. While the growth within the City will stimulate substantial
non-residential development, it is not possible to project the exact location within city limits. However, that
non-residential development will be the result of Port St Lucie growth and will be proximate to if not within
city limits.
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II.
Roads
The need for road improvements is om ofthe most important and most expensive facing a growing
community. St Lucie County has prepared a Capital Improvement Program (CIP) showing the roads
that will need improvement in order to accommodate the anticipated growth. This program is summa-
rized in Table III-I. The expansion projects are identified by geographic zone, ] through 4. Zones 3
and 4 are the Port St Lucie area.
CaDacitv Enhancements - 2006-10 ZONE PSL ROC TOTAL
US 1 & Indrio Intersection 1 '1:0 $374126 $374 126
Total Lennard Rd Proiect
Lennard Rd Ph IIPsl Blvd - Walton Rd) 4 '1:0 $0 $0
Lennard Rd Ph Ii (Walton Rd-Us 1) 4 $9 675 635 $6 450 424 $16126059
Lennard Rd Iii Rinht Of Wav 4 $1 849290 $1 232861 $3082151
Lennard Rd Msbu Public Share 4 '1:300 000 $200 000 $500 000
Lennard Road Widenina Row 4 $300 000 $200 000 $500 000
South Jenkins Road Construction 3 '1:119985 $79991 $199976
Glades & Selvitz Intersection 3 $510000 $340 000 '1:850 000
Picos Road 1 '1:0 $7 500 $7 500
Citrus Ave Widen inn (Ctrv Gdn-Saear) 4 $0 $50 000 '1:50 000
So 25 St Phase Ii IMidwav-St James) 4 '1:11 431 $7 621 $19 052
Midwav Rd ( U.S 1-25th) 4 $8 020 877 $5347251 $13368128
Edwards Rd & Selvitz Inter 2 $318613 $212408 $531 021
Glades & Midwav Inter 3 't148 000 $98 667 $246 667
Glades & Midwav Int/Walmart (Inel Uti!) 3 $845 252 $563501 $1 408 753
Avenue "0" ImDrovements . 2 '1:0 $0 $0
Midwav Rd & Selvitz Inter 3 $510000 $340 000 '1:850 000
Walton Rd Phase I IV Green To Lennard) 3 $4710000 $3 140000 $7850000
Indrio & Kinns Hwv Study 1 $0 $250 000 '1:250 000
Jenkins IMidwav To Annie' 1 't900 000 $600 000 $1 500000
Jenkins Rd 110 Mile To Edwards) 1 '1:900 000 $600 000 $1 500000
Midwav Rd (South 25th St. -TurnDike) 4 $296 400 $197600 $494 000
West Midwav Row 4 '1:600 000 $400000 $1 000000
West Midwav Desinn Plans 4 $600 000 MOO 000 $1 000000
West Midwav Road Construction 4 '1:6 000 000 $4 000 000 $10000000
Midwav And Weatherbee Intersection 4 $60 000 $40 000 $100000
Indrio Road Widenina Desinn Plans 1 'to $1 500000 $1 500000
Indrio Road Wideninn Construction 1 $0 $5 000 000 $5 000 000
Indrio Road Widen inn R/W Acnuisition 1 'to $1 000000 $1 000000
Kinas Hwv & Annie Road Study 1 $0 $1 000000 $1 000000
TABLE 111-1
ROAD CAPACITY IMPROVEMENTS
2006 - 2010
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TABLE 111-1
ROAD CAPACITY IMPROVEMENTS
2006 - 2010
ZONE PSL
1
1
ROC
1 500 000
1 500 000
36631 950
TOTAL
1 500 000
1 500 000
73 307 433
SOURCE: St Lucie County, 2005 Adopted Capital Improvement Plan.
TABLE 111-2
CAPACITY IMPROVEMENT COST AND REVENUES BY AREA
PCL ROC Total Count
69.08% 30.92% 100.0%
0_00% 49.97% 50_0%
50.03% 0.00% 50_0%
36675483 36631 950 73 307 433
22 243 776 22217374 44461 150
58919259 58 849 324 117 768 583
Levels
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Table III-3 summarizes net capacity improvement costs by area and per Vehicular Mile of Travel added
during 2006 to 2010.
TABLE 111·3
ROAD IMPROVEMENTS COST PER VMT
Net Ca acit
New VMT
Per VMT
Fee er VMT
ROC
36631 950
196 607
186.32
Total
73 307 433
658 467
111.33
87_77
Table III-4 uses the calculated net capacity improvement cost to recalculate road impact costs on a per
unit basis. This calculation is for a single mainland-wide fee that does not vary by district or service
area_ The island areas would still have separate fee schedules (not shown) based on the unique travel
characteristics of those areas.
TABLE 111-4
IMPROVEMENTS IMPACT FEE
ST LUCIE COUNTY
LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu-
. RATE LENGTH TRIPS ing Fee lation
Sinnle Familv 9_20 5_10 100.0% 23.46 $2 059 ~2 612
Mobile Home/Rec. Vehicle 4_60 5.10 100_0% 11.73 $1029 $1 306
Multi-Familv 1 & 2 Storv 6.70 5_10 100_0% 17.09 $1500 ~1 902
Multi-Familv 3 + Stories 3_50 5.10 100.0% 8_93 $784 $994
Hotel/Motel - Room 10.10 4.40 100.0% 22.22 $1 950 $2474
Bed & Breakfast - Room 4_90 4.40 100_0% 10.78 $947 $1 200
All Other Residential 6.70 5.10 100_0% 17.09 $1500 $1 902
OFFICE & FINANCIAL PER 1 000 FT2:
Other Office 12.20 4_70 50.0% I 14.34 I $1 259 $1 596
Medical Office 54_60 4_70 50.0% I 64.16 I $5633 ~7 142
RETAil PER 1000 FT2:
Under 100 000 FT2 61-50 3.30 30.0% 30.44 $2 673 ~3 389
100 000-399 999 FT2 37_95 3.80 40.0% 28.84 $2 532 $3 211 .
400 000 & Over 26.25 4_30 50_0% 28.22 $2477 ~3 142
GASOLINE SERVICES:
Service Station Per Position 168_56 2.55 37.5%1 80.59 $7076 $8 972
INDUSTRIAL PER 1 000 FT2:
Warehouse 2.44 5.10 75.0% 4.67 $414 $520
Truck Terminal 4.93 5.10 75.0% 9.42 $835 ~1 049
General Industrial 2.72 5.10 75.0% 5.19 $461 ~578
INSTITUTIONAL:
School - Elem_ Per 1 000 FT2 12_03 4.30 50.0% 12.93 $1136 $1 440
School - Middle/Hioh Per 1 000 FT2 11.92 4.30 50.0% 12.81 "1125 $1 427
Dav Care Per 1 000 FT2 79.26 4_30 25_0% 42.60 $3740 M 743
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TABLE 111-4
IMPROVEMENTS IMPACT FEE
ST LUCIE COUNTY
LAND USE TYPE (UNIT) TRIP TRIP % NEW VMT Exist· Recalcu-
RATE LENGTH TRIPS ing Fee lation
Fraternal Ora_ Per 1 000 FT2 9_11 4.30 50.0% 9.79 !l;860 $1 090
HosDital Per 1 000 FT2 16.78 4.30 50.0% 18.04 $1 583 '1;2008
Nursina Home Per 1 000 FT2 3-72 4_30 50_0% 4.00 !l;352 !t445
Librarv Per 1 000 FT2 54_00 4_30 25.0% 29.03 !l;2548 $3231
RECREATIONAL:
Park (PublicI Per Acre 2.28 4.30 50.0% 2A5 $214 $273
Recreation Facilitv lall\ Per 1 000 FT2 3_10 4.30 50.0% 3.33 !l:292 !t371
Golf Course Per Acre 5_04 4.30 50_0% 5A2 $475 !t603
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III.
Public Buildings
Table IV -1 shows the capacity enhancements to countywide public buildings.
TABLE IV-1
PUBLIC BUILDING CAPACITY IMPROVEMENTS
2006 - 2010
CAPACITY IMPROVEMENTS
Inmate Workfarm
Debt Service - Jail
Public Defender's Office Ex ansion
Debt Service - Clerk of the Courts Buildin
Emer enc 0 erations Center'
911 Communications Center
Buildin
TOTAL
IMPACT FEE REVENUE
NET
SOURCE: St Lucie County, 2005 and 2006 Capital Improvement Plans.
A substantial portion (54%) of the public building costs are debt service on long-term debt
incurred for the jail and the Clerk of the Courts building. The total debt outstanding for these
two facilities is $40 million, amortized over 28 years. The disaggregation of improvement cost
is done on the basis of total dwelling units to be built in the county and within Port St Lucie.
A public buildings improvements impact fee is shown in Table IV-2. This fee is calculated to
equal the existing fee levels at $330 per capita. A revised calculation necessary to fully fund
the deficit shown in Table IV -1.
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TABLE IV-2
PUBLIC BUILDINGS IMPROVEMENT IMPACT FEE
ST LUCIE COUNTY
Existing Revised
LAND USE TYPE (UNIT) Calcula- % Change
Fee tion
Sino Ie Familv !l;347 $783 125.7%
Mobile Home/Rec_ Vehicle $227 $512 125.7%
Multi-Familv 3 + Stories !l;310 $700 125.7%
Multi-Familv 1 & 2 StorY !l;310 $700 125.7%
Hotel/Motel - Room $224 $506 125.7%
Bed & Breakfast - Room !l;224 $506 125.7%
All Other Residential $347 $783 125.7%
OFFICE AND FINANCIAL PER 1 000 FT2:
Other Office S:390 $880 125.7%
Medical Office !l;623 $1 406 125.7%
INDUSTRIAL PER 1 000 FT2:
Warehouse !l;55 $124 125.7%
Truck Terminal $111 $251 125.7%
General Industrial $89 $201 125.7%
GASOLINE SERVICES:
Service Station Per Position $63 $142 125.7%
RECREATIONAL:
Park (Public) Per Acre $63 $142 125.7%
Recreation Facilitv (all' Per 1 000 FT2 !l;79 $178 125.7%
Golf Course Per Acre $162 $366 125.7%
Movie Theatre !l;71 . $160 125.7%
INSTITUTIONAL:
School - Elem. Per 1 000 FT2 $499 $1 126 125_7%
School- Middle/Hinh Per 1 000 FT2 $2 206 $4 979 125.7%
Dav Care Per 1 000 FT2 $268 $605 125.7%
Fraternal Orn. Per 1 000 FT2 . $0 $0 0.0%
Hosnital Per 1 000 FT2 $416 $939 125.7%
Nursino Home Per 1 000 FT2 $448 $1 011 125.7%
Librarv Per 1 000 FT2 $628 $1417 125.7%
RETAIL PER 1000 FT2:
Under 100 000 FT2 $438 $989 125.7%
1 00 000-399 999 FT2 '1:504 $1 137 125.7%
400 000 & Over $367 $828 125.7%
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IV. Parks & Recreation
Table V-I shows the park & recreational improvements program from 2006 to 2010. Many of the
proposed improvements are repairs and replacements and such expenditures are not eligible impact
expenditures. Items shown in the Impact Fee column are those that are eligible impact fee
improvements. Those in the PSL column are those that serve the City of Port St Lucie and those in
the ROC column serve the rest of the county.
PARK IMPROVEMENT I Total ImDact Fee PSL ROC
Lakewood P"rk: .
Community Ctr/Park Develooment $200 000 $200 000 $0 $200 000
I Communitv Ctr/Park Dev/PI"vnround $550 000 '1:550 000 $0 $550 000
Lawnwood Sports Complex:
Concession/Restroom Construc-
tion/pool construction and gym
$1 356150 $1 356150 $0 $1 356150
Construction Pool/Gvmnasium 1t1 450000 $1 450000 $0 $1 450 000
Resuñace tennis courts/sun shades $20 000 $0 $0 $0
Dollman Park:
Restroomlturn and decellanes 1t300 000 '1:300 000 $0 $300 000
Oceanside Restroom and
North/South Parking lots '1:1 550000 '1:1 550000 $1 317 500 $232 500
Phase I - Parking, drainage and
landscaping, Phase II - Restroom, $1 150000 '1:1 150000 '1:977 500 1t172500
trail develonment
Onen Sna"e ponl:
Reconstruction/renovation '1:0 '1:0 $0 $0
Pool Renovation/Basketball Court
Cover '!:.i00 000 '1:0 $0 $0
Basketball Court Covers $150000 $0 $0 $0
White City:
I BoardwalklBridne $56182 $56 182 $28 091 $28 091
Park Imorovements 1t125 000 1t125 000 $62 500 $62 500
Wal1nn Rocks:
Restroom Renovations $30 000 '1:0 $0 $0
Remodel kitchen/water filtration sys_
'1:25 000 '1:0 1t0 $0
Restroom renovation/roadway paving
'1:525 000 $0 $0 $0
Paradise Park Pools:
TABLE V-1
PARK & RECREATION IMPROVEMENT PROGRAM
ST LUCIE COUNTY
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P"'RK IMPROVEMENT Tntal Im...act Fee PSL ROC
Renovation/Reconstru ction '1:350 000 'i'.0 '1:0 $0
Renaint suriace $8 000 $0 $0 $0
Ravenswood Pool:
Sol ash Park/Bldn_ Construction '1:.414000 '1:414000 !t.393 300 !l;20 700
Splash ParklBldg_ Construction and '1:700 000 '1:700 000 !l;665 000
Shuffleboard Court '1:35 000
Pool Renovations $0 !t.0 $0 !l;0
Pe......er Park New Restroom Construction !t.285 575 $285575 '1:0 '1:285 575
Elks Park
Restroom/Concession 'i'.485 "75 $485 575 $0 'i'.485575
Restroom/Concession $708 878 !t.708878 $0 $708878
Count" Ø~rkc IrriDation to various Darks 'i'.485 575 $485 575 'i'.0 'i'.485 575
Savanna Camp Grounds:
Replace Group Camping Area,
Dredging canals and installing $550,000 $0 $0 $0
drainane svstem
Maintenance Shed Renovations '1:86 700 'i'.0 $0 $0
Electronic Date control (front Date) !l;6420 '1:3210 '1:0 '1:3210
Fairgrounds:
Improvements· dump station /water
filtration system/campsites
'i'.421 000 $210500 $147350 'i'.63 150
Offices (North and South)
Concession/Restroom $1 300000 $650 000 $455 000 $195 000
Equestrian Roofed Area &
stalls $1160000 !l;696 000 $487 200 !l;208 800
Completion of campgrounds.
showers. restroom_ Irrigation, paving
East and West Parking lot,
walkway/sidewalks '1:1 893678 $946 839 $662 787 '1:284 052
Harbour Poinle Pavilion and landscaninD !l;115443 !l;57 722 '1:0 !l;57 722
South Causewav'
Desinn/Ennineerinn/Parkinn !t.739 790 '1:739 790 '1:0 '1:739 790
Landscanina and sidewalks $150000 $75000 $22 500 $52 500
Lincoln Park:
Con structionlRenovations $50 000 $0 $0 !l;0
Bldo renov~tion/desinn/construct nvm '1:1 556000 '1:0 '1:0 $0
lIIous Ellis:
Construction Pop Warner Press $257 665 $128833 $0 $128833
Box/Concession
New Restroom Construction !t.145100 'i'.145100 '1:0 !t.145100
River Park Marina Playgrou nd/T rails/Boardwa Iks
Restrooms/boat trailer parking and
parking lot (Additional Master Plan
elements & Grant Fund matches) '1:550 000 $550 000 $440 000 $110000
TABLE V-1
PARK & RECREATION IMPROVEMENT PROGRAM
ST LUCIE COUNTY
17
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...I
PARK IMPROVEMENT Total Impact Fee PSL ROC
Wav<>lann Park Renovate bldns !t200 000 ~O ~O $0
10 Mile Cre"klDon West Develooment $150000 $150000 !t97 500 !t52 500
South County Stadium:
Permanent Bleachers/Press Box/PA
SystemNisitors Bathroom &
Concession/(2) Ticket booths
!t1 600000 ~1 280000 ~1 216000 '1:64000
Debt Service '1:144250 !t144 250 !t137 038 !t7213
Rnvs and Girls Cluh Shared develonment !!:S50 000 '1:550 000 '1:522 500 '1:27 500
Frederick Douglas Roadway Improvements & Dune
crossovers !t360 000 !t360 000 '1:252 000 ~108 000
John Brooks:
Roadwav Imorovements ~300 000 ~150 000 ~105 000 !t45 000
Road Millinns $30 000 !to I !to 5:0
Fort Pierce Commun itv Center:
Plavoround Eauioment !t18825 !t18825 5:0 5:18825
Desinnlbuild larne screen room '1:10000 '1:10000 $0 !t10 000
DesianlAddition !t50 000 5:50 000 5:0 !t50 000
"ivic Center:
Staae Curtain !t90 000 ~O $0 !to
Linhtinn ~30 000 5:0 $Q !to
Maravilla P~rk Construct full-size basketball court 5:14126 ~14 126 $0 '1:14126
Future Land P"rchase Land ourchase '1:1 238500 !t1 238500 !to !t1 238500
R"creation Divisian Office Sionane !t3000 ~750 $0 ~750
Misc Parks/Ballfields Re-Iamn $0 !to 5:0 5:0
Continnen"v !t116125 '1:77 804 $0 !t77804
TOTALS !t25 211 557 !t18064183 5:7 988 766 ~10 075 417
TABLE V-1
PARK & RECREATION IMPROVEMENT PROGRAM
ST LUCIE COUNTY
The items shown in Table V-I are summarized in Table V-2 and impact fee receipts are also
shown. It is clear that there is a deficit in the proposed improvement program. Park &
TABLE V-2
PARK & RECREATION IMPROVEMENTS
SUMMARY
recreation improvements projected impact fee receipts are shown in Table V-3. The existing fees
18
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....I
will yield, countywide, an estimated $10,178,240. The revised improvements impact fees will
yield $18,064,183.
TABLE V-3
PARK & RECREATION IMPROVEMENTS IMPACT FEE
Existing
Fee
Revised
19
'W'
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~1(\/page 1 of 1
t¡~ ;A
Missy Stiadle - Fwd: Corps of Engineers requesting a meeting
From:
To:
Date:
Subject:
cc:
Liz Martin
douga
8/29/2005 10:08 AM
Fwd: Corps of Engineers requesting a meeting
Missy Stiadle
This is just an fyi for you. I spoke to the Army Corps this morning. They want to make a presentation to the
BOCC at a commission meeting. Nancy will have to talk to the Col. before she schedules anything and they
want to meet individually with each commissioner before the presentation. They are working on the premise
of meeting individually with each commissioner the day before the next day morning BOCC meeting. Or, meet
individually with each commissioner the day of a night meeting. When dates are firmed up I will let you know
as soon as we hear.
»> "Regalado, Nanciann E SA]" <Nanciann.E.Regalado@saj02.usace.army.mil> 08/26/05 12:17 PM »>
Hello:
I left a voice mail for you. I would like to speak with you about the Corps of Engineers, Jax. meeting
with Chairman Hutchinson or the entire commission regarding management of Lake Okeechobee and
discharges from the lake. Would you mind calling me on my cell phone? The number is 904.334.8954.
Thank you very much,
Nanciann
Nanciann Regalado. Chief
Corporafe Communications Office
Jacksonville District
U.S. Army Corps of Engineers
(0) 904.232.3904; 1M) 90034.8954
file:/ /C :\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 9/13/2005
-
,/
'-"
...,
AGENDA REQUEST
ITEM NO. ~
DATE: September 27, 2005
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Resolution No. 05-369- Project H.O.P.E.
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMEND A TION:
Staff recommends that the Board adopt the attached
Resolution No. 05-369 as drafted.
[XJ APPROVED [ ] DENIED
[ ] OTHER:
Approved 4-0
Comm. Coward Absent
ouglas Anderson
County Administrator
COMMISSION ACTION:
County Attorney:
[}2r
Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng_:
Finance: (Check for copy only, if applicable)
Eff. 5/96
-
'-'
...,
,
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
05-1604
DATE:
September 22, 2005
SUBJECT:
Resolution No. 05-369 - Project H.O.P.E.
**._*.****......*........**.***....*.***.**..**..*...****......*..*........***
BACKGROUND:
On September 4, 2004, St. Lucie County was struck by Hurricane Frances which
dramatically affected the lives of thousands of St. Lucie County citizens and neighbors.
Project H.O.P.E. (Helping Our People in Emergencies), is a FEMA-funded crises counseling and
referral program administered by the Florida Department of Children & Families with the
mission of providing emotional support. hope and guidance to communities affected by disasters.
Project H.O.P.E. trained hundreds of crisis counselors in affected Florida communities and
provided direct counseling and referral services to thousands of citizens in St. Lucie County and
the surrounding region through creative partnership.
Resolution No. 05-339 has been drafted to express thanks and appreciation for their
help during the hurricane recovery period.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board adopt the attached Resolution No. 05-369 as
drafted.
Respectfully submitted,
Daniel S. McIntyre
County Attorney
DSM/caf
Attachment
-
-- -
.......
'...I
;
RESOLUTION NO. 05-369
A RESOLUTION EXPRESSING THANKS AND
APPRECIATION TO PROJECT H.O.P.E. FOR THEIR HELP
DURING THE HURRICANE RECOVERY PERIOD FOR ST.
LUCIE COUNTY
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida. has made
the following determinations:
1. On September 4, 2004, St. Lucie County waS struck by Hurricane Frances, a
Category 2 storm with winds in excess of 105 miles per hour.
2. The effects of the disaster dramatically affected the lives of thousands of St.
Lucie County citizens and neighbors.
3. Project H.O.P.E., which stands for Helping Our People in Emergencies, is a
FEMA-funded crisis counseling and referral program administered by the Florida Department
of Children & Families with the mission of providing emotional support, hope and guidance to
communities affected by disasters.
4. Project H.O.P.E. trained thousands of crisis counselors in effected Florida
communities, providing direct counseling and referral services to thousands of citizens in St.
Lucie County and the surrounding region through creative partnerships.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby recognize Project H.O.P.E. as an essential hurricane
recovery resource in St. Lucie County. With the help of Project H.O.P.E., and with faith in the
resolve of our citizens, St. Lucie County is on the road to recovery.
2. This Board expresses our thanks to all government agencies, community and
faith-based organizations and volunteèrs who partnered with Project H.O.P.E.
PASSED AND DULY ADOPTED this 27th day of September, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
- --
'-' ...,J
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
'-'
..."
X-
BOARD OF
COUNTY
COMMISSIONERS
PAULA A. LEWIS
COMMISSIONEr.
MEMORANDUM
DATE:
September 22, 2005
TO:
Missy Stiadle, Executive Assistant
b 11#- . ·d
Bar ara Fe ton, ExecutIve Al e
FROM:
SUBJECT:
Resolution
Our office received a request from Commissioner Cliff Thaell of Leon County to adopt a
resolution on behalf of Project H.O.P.E. expressing our thanks and appreciation for their
help during the hurricane recovery period for the State of Florida and St. Lucie County.
Attached is a draft copy of the resolution, which has been approved by the Community
Services Department. We ask that the resolution be placed on the agenda of the next
Board of County Commission meeting. Someone trom Project H.O.P.E. will be present
to receive the resolution.
Attachment
BAFlbaf
JOSEPH E_ SMITH, District No.1
. DOUG COWARD, District No_ 2 . PAULA A_ LEWIS, District No..3 . FRANNIE HUTCHINSON, District No.4· CHRIS CRAFT, District No_ 5
County AdminisrraTor - Douglas M. Anderson
2300 Virginia Avenue · Fort Pierce. FL 34982-5652 · (772) 462-1406
www.co.st-Iucie.fl_us
~ ,.
'--'
..,.,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Project H.O.P.E. Resolution
(Draft)
WHEREAS, on September 4, 2004, St. Lucie County was struck by Hurricane Frances, a
Category 2 storm with winds in excess of 105 miles per hour; and
WHEREAS, the effects of the disaster dramatically affected the lives of thousands of St.
Lucie County citizens and neighbors, and
WHEREAS, Project H.O.P.E., which stands for Helping Our People in Emergencies, is a
FEMA funded crisis counseling and referral program administered by the Florida
Department of Children & Families with the mission of providing emotional support,
hope and guidance to communities affected by disasters; and
WHEREAS, Project H.O.P.E. trained hundreds of crisis counselors in affected Florida
communities, providing direct counseling and referral services to thousands of citizens in
St. Lucie County and the surrounding region through creative partnerships.
Now, therefore, be it resolved by the Board of County Commissioners of St. Lucie
County, Florida, that
PROJECT H.O.P.E.
is hereby recognized as an essential hurricane recovery resource in St. Lucie County.
With the help of Project H.O.P.E., and with faith in the resolve of our citizens, St. Lucie
County is on the road to recovery. We express our thanks to all the government agencies,
community and faith-based organizations and volunteers who partnered with Project
H.O.P.E.
RE: SLC C & D Facil; . FICE Honorable Mention
\w'
\~ r. . I . tò hel.LÎ-tit
w CA.I n >'\ , "'-'
o '¡:::;:-"-VlV\1 c-
Page 1 of 1
From:
To:
Date:
Subject:
Douglas Anderson
Missy Woolley
9/9/2005 5:00:33 PM
Fwd: RE: SLC C & D Facility - FICE Honorable Mention
.~
oLD
Missy Stiadle - Fwd: RE: SLC C & D Facility - FICE Honorable Mention
Are we going to put this on a Bcc agenda?
»> Raymond Wazny 9/9/20057:38 AM »>
This is great Leo.
>>> Leo Cordeiro 09/09/05 7:32 AM »>
FYI
»> "Munksgaard, Donald" <MunksgaardDG@CDM.com> 9/8/20054:57 PM »>
SLC Team - congratulations on this achievement. We should be very proud of this accomplishment of
recognition in engineering excellence by our peer group_ Well done_
From: Grotke, Eric
Sent: Monday, August 29,20053:41 PM
To: Kirkpatrick, Louise; Vann, Kevin; Maples, William; LSmlthPE@aoLcom; Braceland, Deborah; Leo Cordeiro
Cc: Makled, Alex; Munksgaard, Donald; Adams, E. Lawrence; Lewis, Martin; Grimaldi, Jill; Pugsley, Jason; Kiser, Sandra
Subject:
SLC C & D Facility - FICE Honorable Mention
We received notice that the above referenced project was the recipient of the Honorable Mention Award in the
Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting
Engineers. (see attached letter). Congratulations to the entire project team for an excellent project and
preparation of a winning submittal package_ This award compliments the previous Honorable Mention Award for
the Baling and Recycling Facility in 2002 for St. Lucie County.
Thanks to all for their hard work!
Eric J. Grotke, P.E., DEE
Principal Engineer
CDM
1701 State Road A-1-A, Suite 301
Vero Beach, Florida 32963
(772)231-4301
(772)231-4332 fax
grotkeej@cdm.com
« File: FICE 2005_HonorableMentionLetter1.pdf»
file:/ /C: \Documents %20and%20S ettings\Administrator\Local %20Settings \ Temp \G W} 000... 9/12/2005
RE: SLC C & D Facili FICE Honorable Mention
'-'
....,
Page 1 of 1
Missy Stiadle - Fwd: RE: SLC C & D Facility - FICE Honorable Mention
From:
To:
Date:
Subject:
Douglas Anderson
Missy Woolley
9/9/2005 5:00:33 PM
Fwd: RE: SLC C & D Facility - FlCE Honorable Mention
Are we going to put this on a Bee agenda?
»> Raymond Wazny 9/9/20057:38 AM »>
This is great Leo.
»> Leo Cordeiro 09/09/05 7:32 AM »>
FYI
»> "Munksgaard, Donald" <MunksgaardDG@CDM.com> 9/8/20054:57 PM »>
SLC Team - congratulations on this achievement. We should be very proud of this accomplishment of
recognition in engineering excellence by our peer group. Well done.
From: Grotke, Eric
Sent: Monday, August 29,20053:41 PM
To: Kirkpatrick, Louise; Vann, Kevin; Maples, William; LSmithPE@aol.com; Braceland, Deborah; Leo Cordeiro
Ce: Makled, Alex; Munksgaard, Donald; Adams, E. Lawrence; Lewis, Martin; Grimaldi, Jill; Pugsley, Jason; Kiser, Sandra
Subject:
SLC C & D Facility - FlCE Honorable Mention
We received notice that the above referenced project was the recipient of the Honorable Mention Award in the
Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting
Engineers. (see attached letter). Congratulations to the entire project team for an excellent project and
preparation of a winning submittal package. This award compliments the previous Honorable Mention Award for
the Baling and Recycling Facility in 2002 for S1. Lucie County.
Thanks to all for their hard work!
Eric J. Grotke, P.E., DEE
Principal Engineer
CDM
1701 State Road A-1-A, Suite 301
Vero Beach, Florida 32963
(772 )231-430 1
(772)231-4332 fax
grotkeej@cdm.com
« File: FICE 2005_HonorableMentionLetter1.pdf »
file:/ /C: \Documents%20and%20Settings \Administrator\Local %20Settings \ Temp \G W} 000... 9/20/2005
'-'
"wi
BOARD OF COUNTY
COMMISSIONERS
PUBLIC WORKS
DEPARTMENT
October 22, 2004
FICE Engineering Excellence Awards
125 South Gadsden Street
Tallahassee, Florida 32301-1525
Attn: Dee Kring
Subject: St. Lucie County C&D Processing Facility
Dear Selection Committee:
Fm the past 3 years, Camp Dresser & McKee lnc (COM) has successfully provided planning, design,
permitting, bidding, construction services and start up assistance for the St. Lucie County CÒnstruction and
Demolition Debris (C&D) Processing Fi1cility_ This is one of the first municipal facilities of its kind in the
United Sti1tes_ The implementation of this project Wi1S critical in order to realize extended landfill capacity
at the Glades Cut-off Road Landfill site.
This innovative project reflects the commitment of the St. Lucie County Board of County Commissioners
and staff to provide cost-effective, environmentally sound solutions to solid waste management issues_
This project exceeded the County's gOi1ls and expectations in the following mml1ler:
· The $3_6 million facility will result in extended landfill capacity in excess of twenty years with substantial
savings to the County_
· Implementation of the facility eliminates the safety, liability, and aesthetic concerns of waste disposal by
residents and commercial haulers at the working face of the landfilL
· The large tipping area facilitates expansion of the recycling program and the facility layout compcnsaté's
for market variations with only minor modifications.
· Mining of the existing landfill cell will allow recovery of potential recyclables previously disposed,
further extending bndfill useful life.
· Revenues realized from sale of recyclables arc utilized to maintain low municipal disposal fees.
The County is fully satisfied with COM's design and construction management aspects of this important
project and commends the team for their efforts; we look forward to continuing an excellent working
relationship with COM on upcoming projects_
Solid Waste Manager, St. Lucie County
JCf~:'>.,! I) ßR:~,I--¡Ì'J ':::;:$t"lct f\!ü. DOl_.'(~ (OWA'KD, DIS"Tict '10 2 PAULA 1\ l':.WT5, Dis'ncl 1'10 3 . FRA,r-..¡r··JI':: HUTCi-Hi'bCN, D:~;trlct ì'Ja t1 . CLIn
BAk'\lt~ S DI',tl"IC r-.b 'j
Cour:tv Admir'15trn·or . ÌJ(j,¡g[œ:i M. A,,;i¡,TS"(;~,
2300 Virginia Avenue . Ft. Pierce, FL 34982
Public Works: (772) 462-1485 . FAX (772) 462-2362
Division of Engineering: (772) 462-1707 Fax 462-2362 . Division of Rood & Bridqe (772) 462 251l FAX 462-
2363
Division of Solid Waste: (772) 462-1768 FAX 462-6987
D,vIs,on of Building ,1 Inspections (772) 462-1553 Fax 462-1735 . TDD (772) 462 1428
www.cast-lllc1e.f!.us
'-"
....,J
Category E: Environmental
,
Executive Summary
St. Lucie County owns and operates the Glades Cut-Off Road Landfill site with an
approximate landfill life of 20 years utilizing conventional operating procedures.
PROBLEM: There is limited area available at the existing landfill site, C&D landfill
capacity is rapidly decreasing, the County is facing unprecedented growth (2nd
nationwide), and procurement of property for a future site is difficult.
SOLUTION: St. Lucie County C&D Processing Facility - this is one of the first
municipal facilities of its kind in the United States using state-of-the-art equipment.
Critical features of the overall facility consist of feed conveyors, air separators, star
screens, magnets, and grinders. The sophisticated processing system is powered
primarily by electricity; however, a diesel fuel emergency generator was incorporated
providing a backup in the event of power failure and/ or catastrophic events
(hurricanes, tornadoes, etc).
BENEFITS: The benefits include: extended landfill capacity, increased recycling efforts
for additional cost savings, future mining of the existing landfill, isolated drop off area
away from the landfill working face and economical solid waste disposal method.
Implementation of a mechanical and manual recycling facility will allow additional cost
savings to the County through an expanded recycling program, generation of new jobs
associated with manual sorting activities, and acquisition of future landfill property
delayed in excess of 40 years as a result of successful implementation of the facility.
..,.,
St. Lucie County Construction & Demolition Debris (C&D) Processing Facility
Category E: Environmental
Executive Summary
St. Lucie County owns and operates the Glades Cut-Off Road Landfill site with an
approximate landfill life of 20 years utilizing conventional operating procedures.
PROBLEM: There is limited area available at the existing landfill site, C&D landfill
capacity is rapidly decreasing, the County is facing unprecedented growth (2nd
nationwide), and procurement of property for a future site is difficult.
SOLUTION: St. Lucie County C&D Processing Facility - this is one of the first
municipal facilities of its kind in the United States using state-of-the-art equipment.
Critical features of the overall facility consist of feed conveyors, air separators, star
screens, magnets, and grinders. The sophisticated processing system is powered
primarily by electricity; however, a diesel fuel emergency generator was incorporated
providing a backup in the event of power failure and/ or catastrophic events
(hurricanes, tornadoes, etc).
BENEFITS: The benefits include: extended landfill capacity, increased recycling efforts
for additional cost savings, future mining of the existing landfill, isolated drop off area
away from the landfill working face and economical solid waste disposal method.
Implementation of a mechanical and manual recycling facility will allow additional cost
savings to the County through an expanded recycling program, generation of new jobs
associated with manual sorting activities, and acquisition of future landfill property
delayed in excess of 40 years as a result of successful implementation of the facility.
I
j
~
"-'
Ii
Firm. project, and diem/owner's name should he typell or printed as they arc co appear on the award.
Please limit the project name to 25 characrcrs. Complcte this form and return to FICE bcf()t'(: October 22, 2004.
Electrouic version of this form can he found at: www.Hcng.org.
Lucie Cty. Processing Fac.
j 'foF'_1 :-"-~ì r:;t
Judge this Entry in the Following Category (check oue):
o A. Studies, Research, and Consulting
Engineering Services
o B. Buildingrlcchnology Services
o C. Struclllral Systems
o D. S\IIveying/M;ll'ping'lechnolog)'
IX) E. Environmental
o F. Water and Wastewater
DC;. Water Reso\llccs
o H. Transportation
o l. Speciall'rojecrs
Permission to Use Artwork (dteek one):
We 6(Jdo 01' 0 do nnr allow FlCE to use the submitted
m;uerìals f(H promotiou;11 and marketiug purposes.
¡III
H. Makled, P.E., DEE
I II Ii, I ~'í 'I ~: ¡ H ¡'I
1701 Highway A-I-A, Suite 300
i\dt \t~-:;:, (¡ ·r, ¡ I'l) \ ',I
Vera Beach
(,III,
Florida
32963
(TO) 231-4301
l'lt( II P
makledah@cdm.com
(772)
'II!
231-4332
St. Lucie
( ~ \ ¡ '. \ [I .' r) i " - I' i:, ,I
(currcndy bclicy.r VOl" of.he engineer nu:c(s rhe imcru!l,d uses ami
cXptnations Fm lhe pmjc't :U1d herehy gml1t pcrmi~siOl\ to enter dJis
projcu in the I;¡CE 200') Engil1l"t'ring Exccl1cncc Aw.\rds I.:om'1ctitiol1,
and .Hlthorir.l" publi,atioll of Î[:i o\l("S[:mding feulIfcs, uniqllc aspeers. 01
illllovations. I con/inn th.H the projecf was s\lbstami:1I1y completed ;mcl
fcady f()r usc between November t, 2002 .md Ocwhcr 31. 2004.
)ít)II' d¡;
l"ort Pierce
Florida
Pr'lj,¡:¡ ¡ '_'(-:I! iC-' 1\, ~,,¡!}' (11 ~d
Cnmplc[c rdativc lO the cmram\¡ porrion of tht: proj,,'ct: (budgeted ;u1.dl
or :lcntal ço:i[S m;IY not apply EO some smdics ill Categol')' A).
COMPWT!ON/USE DATES:
Scheduled July 2004
Acrual .July 2004
C\TE(;(>RY A COSTS:
Budgered $___
Actual $__ ____
CONSTRUCTION COSTS:
Budgcted $ 3,660,000
Actual $ 3,650,000
1'·'lIiIHI1 <II ;'1'1',
.'HI:III,1 'III'. il. :"'111"¡
I hereh}' ;mrhori'f,C SIIhmission of this project in rhe.' Horida InstiUllc of
(:n!ls\ll(jn~ Fnl;inccrs' 2005 En~jt1t:t:ril1g Ext·dl~I1Ce.· ^wanh t:ompctition,
Alex H. Makled, P.E., DEE
';: 'Ii Ii 1, I \,1 ! I' I'.'t ;' III ¡ I J '. 'i ~ I: ~!
Senior Vice P~esident
;¿g~,)
1701 Highway A-I-A, suite 300
;\,lr\ ",', ii'. :'r. ¡'"y.:)
Vera Beach Flo~ida
32963
I,j¡\
/!II
11'
(772) 231-4301
Ill'Hil!¡¡:: \':1:
makledah@cdm.com
(772 )
231-4332
¡ II )'1
',111'11 I,' ¡'-.II,' ",,·,1
:1' ,i i',_: ("
Leo J. Cordeiro
('li:',I! 'II'! :{', !I[',-:-, '1 ,i'j','-'
Solid
1;_1,
Waste Nanaqer
6120
Glades Cutoff Road
ï:, )'i.) Ih·,)
pierce, l"lorida 34981
.'\:1!'
FOi~ :~
¡-.ii',
,i;;!il I,¡
(772) 462-1631 (772) 462-6987
¡:i ¡ .,,-
1eoc@ca.st-1ucie.fl.us
1-' li1;]¡!
""
'--'
BOARD OF COUNTY
COMMISSIONERS
PUBLIC WORKS
DEPARTMENT
October 22, 2004
FlCE Engineering Excellence Awards
125 South Gadsden Street
Tallahassee, Florida 32301-1525
Attn: Dee Kring
Subject: St. Lucie County C&D Processing Facility
Dear Selection Committee:
For the past 3 years, Camp Dresser & McKee Inc. (CDM) has successfully provided planning, design,
permitting, bidding, construction services and start up assistance for the St. Lucie County Construction and
Demolition Debris (C&D) Processing Facility. This is one of the first municipal facilities of its kind in the
United States. The implementation of this project was critical in order to realize extended landfill capacity
at the Glades Cut-off Road Landfill site.
This innovative project reflects the commitment of the St. Lucie County Board of County Commissioners
and staff to provide cost-effective, environmentally sound solutions to solid waste management issues.
This project exceeded the County's goals and expectations in the following manner:
· The $3.6 million facility will result in extended landfill capacity in excess of twenty years with substantial
savings to the County.
· Implementation of the facility eliminates the safety, liability, and aesthetic concerns of waste disposal by
residents and commercial haulers at the working face of the landfill.
· The large tipping area facilitates expansion of the recycling program and the facility layout compensates
for market variations with only minor modifications.
· Mining of the existing landfill cell will allow recovery of potential recyclables previously disposed,
further extending landfill useful life.
· Revenues realized from sale of recyclables are utilized to maintain low municipal disposal fees.
The County is fully satisfied with CDM's design and construction management aspects of this important
project and commends the team for their efforts; we look forward to continuing an excellent working
relationship with CDM on upcoming projects.
Very truly yours,
Leo J. Cordeiro
Solid Waste Manager, St. Lucie County
,TCHr<J D. BRUHt'-J, District No. ¡ . [)CJUt, COWA'<D, District ~h 2 PAULA ;,_ LEWIS, D:stnd t'Jo. 3 . FRA~J\JIE: f-IUTn-jn~50N, Dis1r'ict J'Jc £1 CU:FF
BAPr-JES, :::;'is-f¡';ct I'Jo. 5
Cc<Utltv Adminisi"'l t:Jr' ~ Lìouq!o$ M AndC:'$or
2300 Virginia Avenue . Ft. Pierce, FL 34982
Public Works: (772) 462-1485 . FAX (772) 462-2362
Division of Engineering: (772) 462-1707 Fax 462-2362 . Division of Road & Bridge (772) 462 2511 ['AX 46,'-
2363
Division of Solid Waste: (772) 462-1768 FAX 462-6987
Division of Building & Inspections: (772) 462-1553 Fax 462-1735 . TDD (772) 462-1428
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Tradition Field
Sports Compte,
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Date: q, &) oS
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FLOR~,º_A STATE ~gAGUE
OF PROFE$$IONAL BA$EBA1.L. CLUBS. INC_
....,
- ,
,
....--."..-"'.....,..-
CHUCK MURPHY
PRE5Ð~/TREA.URER
p, 0_ BOX 349
OAYTONA8EACH. FL 3211/5
PHONË: (38151 21\2-7479
FAX: (3a6) 2('i2·74~õ
emaillslbaseball@cll,r'_oom
August 31, 2005
Mr. Tommy Bowes
Sports Turf Manager
St. Lucie Mets
525 NW Peacock Blvd.
Port St. Lucie, FL 34986
Dear Tommy:
Congratulations on wÍIming a 2005 Florida State League
Commendation Award for your work as Sports Turf Manager of Tradition
Field. This is a tribute to you and your staff for your dedication, hard work
and knowledge. We sincerely appreciate your efforts in providing a
professional playing surface and playing conditions for our players.
Thank you.
Sincerely,
L~
Chuck Murphy, President
FLORIDA STATE LEAGUE of
Professional Baseba.ll Clubs, Inc.
cc: Paul Taglieri
~WHERE THE MAJOR LE.t.GIJE STARS OF TOMOR~OW .....AY TODAY"
Missy Stiadle - Tommy Bowes \,.:d
...",
Page 1
From:
To:
Date:
Subject:
Missy Stiadle
Missy Woolley
9/6/2005 6:42:50 PM
Tommy Bowes award
August24,2004
2. PROCLAMATIONS/PRESENTATIONS
f)
o
B. The Board wishes to congratulate the Sports Complex Staff who received the 2004 Florida State
League Municipality Award, which is given to the best city or county operated Sports Turf Crew in the
Florida State League. The Mets, with Sports Turf Manager Tommy Bowes, have received eight Sports
Turf Awards since 1990. This is the third time they have won the Municipality Award for their efforts in
various aspects of maintaining Tradition Field.
\ .
09/23/05
FZABWARR
FUND
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185006
216
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310003
316
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......,
ST. LUCIE COUNTY - BOARD
WARRANT LIST #52- 17-SEP-2005 TO 23-SEP-2005
FUND SUMMARY
TITLE
General Fund
FTA USC Seeton 5307 Oper. Assist.
CSBG Grant FY05
Section 112/MPO/FHWA/P1anning 05
Urban Mobile Irrigation Lab 04/05
TRIP
FDCA/KMPA 2005
Floridian Aquifer Well Monitoring N
Transportation Trust Fund
Transportation Trust/Local Option
Transportation Trust/Impact Fees
USDA (NRCS) Emergency Watershed Prt
Unincorporated Services Fund
Drainage Maintenance MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund:E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&FFund-Court Related Technology
HarmDny Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
Blakely Subdivision Fund
Queens Cove Lighting Dist#13 Fund
Pine Hollow Street Lighting MSTU
Kings Ewy Industrial Park Lighting
Parks MSTU Fund
FRDAP Grant-Lawnwood Recreation Com
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Port & Airport Fund
Port Fund
FAA Instrument Landing System
Purchase Fire Pratection Equ. FDOT
Plan Maintenance RAD Fund
Court Facilities Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFA SHIP FY05/06
County Capital I&S
Impact Fees-Parks
Impact Fees-Public Buildings
County Capital
Transportation Capital
EXPENSES
178,751.97
81. 27
20,926.05
513.31
97.98
28,486.80
1,561. 89
100.38
79,687.59
349,385.42
44,524.11
20,900.00
8,445.99
149,833.85
2,006.46
~07,851.57
73.10
1,594.14
2,716.91
8,973.82
218.17
477.45
532.28
132.62
811.26
72.21
275.40
348.06
461.41
113,282.72
1,595.00
1,378.16
113.34
11,200.90
100.77
42,115.00
5,452.92
10,246.19
382.27-
413.82
24.13
225.82
174.06
1,202.00
32,301.00
23,875.00
15,193.50
13,961. 74
.",.¡
PAGE
PAYROLL
616,272.61
~O,101.00
1,981. 70
6,850.91-
1,312.01
0.00
0.00
1,312.01
133,712.56
0.00
0.00
0.00
55,533.81
5,612.73
1,636.78
129,504.93
960.54
2,247.36
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
0.00
12,761.57
0.00
0.00
0.00
2,995.20
4,997.08
1,171.85
0.00
3,049.23
2,360.99
0.00
0.00
0.00
0.00
0.00
1
· .
09/23/05
FZABWARR
FUND
317
382
401
418
421
441
448
449
451
458
461
471
478
479
481
491
505
505001
611
625
665
'-"
ST. LUCIE COUNTY - BOARD
WARRANT LIST #52- 17-SEP-2005 TO 23-SEP-2005
FUND SUMMARY
TITLE
County Capital-St Revenue Share Bnd
Environmental Land Capital Fund
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Uti1-Renewal & Replacement Fund
NHI Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Airport Utilities District
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
SLC Art in Public Places Trust Fund
GRAND TOTAL:
EXPENSES
36,500.00
2,371.00
650,859.53
13,711. 04
134.78
503.92
11.38
2,020.80
1,648.45
23,105.92
17,192.19
2,800.57
9.41
2,952.10
33.98
38,717.99
5,820.18
158.05
2,223.92
2,264.69
25,000.00
2,110,355.17
...,
PAGE
PAYROLL
0.00
0.00
68,990.52
22,835.60
596.28
4,551.43
150.75
596.50
1,911.96
326.66
11,813.01
4,092.24
126.25
841. 96
454.48
70,392.38
3,338.62
2,079.48
3,877.57
0.00
0.00
1,191,350.56
2
,,/
'-'
.,
AGENDA REQUEST
ITEM NO.C2A
DATE: September 27, 2005
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Resolution No. 05-365 Extending the State of Emergency for Hurricane
Frances; and, Resolution No. 05-366 Extending the State of Emergency for
Hurricane Jeanne
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMENDA DON: Staff recommends that the Board approve Resolution No. 05-
365 and Resolution No. 05-366 and authorize the Chairman to
sign the Resolutions.
[}CI APPROVED [ ] DENIED
[ ] OTHER:
Dou sAnderson
County Administrator
COMMISSION ACTION: CE:
Approved 4-0
Comm. Coward Absent
County Attorney:
~
Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only, if applicable)
Eft- 5/96
'-"
""""
,-
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY. FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
05-1588
DATE:
September 21, 2005
SUBJECT:
Resolution No. 05-365 Extending the State of Emergency for
Hurricane Frances; Resolution No. 05-366 Extending the
State of Emergency for Hurricane Jeanne
**************************************************************************
BACKGROUND:
Attached are the following documents:
1. Draft Resolution No. 05-365 extending the state of emergency for
Hurricane Frances until October 8, 2005 at 4:00 p.m.
2. Draft Resolution No. 05-366 extending the state of emergency for
Hurricane Jeanne until October 9, 2005 at 7:00 a.m.
RECOMMENDA nON/CONCLUSION:
Staff recommends that the Board approve Resolution No. 05-365 and
Resolution No. 05-366 as drafted.
ReS~~SUbm;tted.
Daniel S. McIntyre
County Attorney
DSM/ caf
Attachments
'-'
....,
<
RESOLUTION NO. 05-365
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY
EXTENDING THE STATE OF LOCAL EMERGENCY
(HURRICANE FRANCES)
WHEREAS, the Board of County Commissioners has made the following
determinations:
1. The Board has adopted Resolution No. 00-277 authorizing the County
Administrator and the Public Safety Director to exercise certain emergency powers and
authority during a local emergency.
2. The County's Public Safety Director declared a state of emergency on
September 1, 2004, at 4:00 p.m. due to Hurricane Frances.
3. The effect of Hurricane Frances has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property.
4. In order to respond to such emergency, upon this extension, the County
Administrator or his designee is authorized to initiate and take such actions authorized by
Resolution 00-277 for and on behalf of the Board of County Commissioners during the
term of such local state of emergency.
5. Such declaration is extended for seven (7) days until October 8, 2005 at
4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie
County or the County Administrator.
6. This Extension of the Declaration of Emergency shall become effective
October 1, 2005 at 4:00 p.m.
After motion and second the vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
XXX
XXX
xxx
xxx
xxx
'-"
~
PASSED AND DULY ADOPTED this 27th day of September, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY A TIORNEY
""
..""
RESOLUTION NO. 05-366
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY
EXTENDING THE STATE OF LOCAL EMERGENCY
(HURRICANE JEANNE)
WHEREAS, the Board of County Commissioners has made the following
determinations:
1. The Board has adopted Resolution No. 00-277 authorizing the County
Administrator and the Public Safety Director to exercise certain emergency powers and
authority during a local emergency.
2. The County's Public Safety Director declared a state of emergency on
September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne.
3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property.
4. In order to respond to such emergency, upon this extension, the County
Administrator or his designee is authorized to initiate and take such actions authorized by
Resolution 00-277 for and on behalf of the Board of County Commissioners during the
term of such local state of emergency.
5. Such declaration is extended for seven (7) days until October 9, 2005 at
7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie
County or the County Administrator.
6. This Extension of the Declaration of Emergency shall become effective
October 2, 2005 at 7:00 a.m.
After motion and second the vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
XXX
XXX
XXX
XXX
XXX
.....
.."
PASSED AND DULY ADOPTED this 27th day of September, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
.....
'-'
AGENDA REQUEST
ITEM NO.(:J.¡/)
Date: September 27, 2005
Regular [ ]
Public Hearing [ ]
Consent [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Sperrazza Lueke
Assistant County Attorney
SUBJECT: Resolution No. 05-371 MSBU Financial Hardship Assistance Program
BACKGROUND: See C.A. No. 05-1608
FUNDS A V AIL. (State type & No. of transaction or N/A): N/A
RECOMMEND A nON: Staff recommends correction of scrivener , s error and renumbering of Resolution No. 05-347
MSBU Financial Hardship Assistance Program to Resolution No. 05-371.
COMMISSION ACTION:
Approved 4-0
Comm. COVJQrd Absent
E:
IX] APPROVED [] DENIED
[ ] OTHER:
Dougl s M. Anderson
County Administrator
County Attorney:
.~
j
Coordination/Si!!natu res
Mgt. & Budget:
Purchasing:
Originating Dept.:
Other:
Other:
Finance (Check for Copy only, if applicable):
-
'-"
...,
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO: 05-1608
DA TE: September 27, 2005
SUBJECT: Correction of Scrivener's Error Resolution No. 05-371 MSBU Financial Hardship
Assistance Program
BACKGROUND:
On September 20,2005, the Board approved Resolution No. 05-347, implementing the
Financial Hardship Assistance Program established in Ordinance No. 05-032. Subsequent to the
approval, a scrivener's error was found in the number of the Resolution.
RECOMMENDATION/CONCLUSION:
Staffrecommends correcting the scrivener's error and renumbering of Resolution No. 05-347
MSBU Financial Hardship Assistance Program to Resolution No. 05-371.
Heather Sperrazza Lue e
Assistant County Atto
Attachment
HL/
Copies to:
County Administrator
MSBU Coordinator
-
'-'
...",
RESOLUTION NO. 05-371
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
ESTABLISHING GUIDELINES AND PROCEDURES FOR
THE ADMINISTRATION OF A FINANCIAL HARDSHIP
ASSISTANCE PROGRAM FOR THOSE UNINCORPORATED
COUNTY RESIDENTS LIVING AT OR BELOW POVERTY
LEVEL AND OWNING REAL PROPERTY SUBJECT TO
SPECIAL ASSESSMENTS IMPOSED BY THE COUNTY;
PROVIDING FOR AN APPLICATION PROCESS; PROVIDING
THE CRITERIA UPON WHICH FINANCIAL HARDSHIP
ASSISTANCE SHALL BE GRANTED; PROVIDING THAT THE
FINANCIAL HARDSHIP ASSISTANCE PROGRAM SHALL BE
FUNDED BY LEGALLY AVAILABLE FUNDS AND NOT BY
SPECIAL ASSESSMENTS; PROVIDING FOR APPLICABILITY;
AND PROVIDING AN EFFECTIVE DA TE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions of Chapter 125, Florida Statutes, S1. Lucie County Ordinance No.05-032, and other
applicable provisions of law.
Section 2. Findings. It is hereby ascertained, detennined and declared that:
(A) Chapter 1-13.5 of the S1. Lucie County Code of Ordinances (the "Code") provides for
the establishment of municipal service benefit units ("MSBU") in unincorporated areas of S1.
Lucie County (the "County") for the purpose of providing water, road, drainage and waste and
sewage collection and disposal and other essential facilities and services.
(B) Chapter 1-13.5 further provides that the cost of such services may be paid in whole or
in part from funds derived from special assessments levied within such units, and that the special
assessments may be collected in the manner provided for ad valorem taxes pursuant to Chapter
197, Florida Statutes.
(C) Failure by a property owner to pay special assessments collected pursuant to Chapter
197, Florida Statutes, will cause a tax certificate to be issued against the property which may
result in a loss of title.
(D) The Board of County Commissioners of S1. Lucie County (the "Board") enacted
Ordinance No. 05-032 to provide a program of assistance to unincorporated County residents
who are living at or below poverty level and who may be at risk oflosing title to their homes as a
result of inability to pay the special assessments imposed against their property.
(E) Ordinance No. 05-032 provides that the financial hardship assistance program shall be
--
--
'-'
...I
implemented by resolution.
(F) It is necessary and desirable and in the best interests of the County and its inhabitants
that the County implement the Financial Hardship Assistance Program as provided herein.
Section 3. Financial Hardship Assistance.
(A) The financial hardship assistance contemplated herein shall take the form of payment
by the County to the established project fund for the special assessment otherwise due from
applicant land owner;
(B) In order to be eligible for financial hardship assistance hereunder, applicants must
first apply for and be denied assistance under the County's State Housing Initiatives Project
(S.H.I.P.) program or other alternate funding sources through St. Lucie County Community
Services that may be available.
(C) Any request for financial hardship assistance shall be filed in the offices of the MSBU
Coordinator.
(D) The funds shall be awarded on a first come/first served basis, based on a sliding scale
of the applicant's gross income.
(E) A ward of funds shall cause a lien to be recorded upon said property for the term of the
non-ad valorem special assessment. If subject property is sold within this timeframe, the County
shall be entitled to a refund from the property owner based upon a prorated amount of the final
assessment amount, plus all interest that would have accrued to said date of transfer of property
ownership.
Section 4. Limitations.
(A) The Board, in its sole discretion, shall on an annual basis determine and designate
the funds available to fulfill the purpose of this Resolution. The provision of hardship assistance
in anyone year shall in no way establish a right or entitlement to such assistance in any
subsequent year and the provision of funds in any year may be limited to the extent funds are
available and appropriated by the board of county commissioners.
(B) County expenditures for funding of the financial hardship assistance program shall
consist solely of legally available funds other than those derived from special assessments.
(C) Assistance be available in every MSBU.
(D) Assistance be available for MSBU assessments only.
Section 5. Application Deadline. Any request for financial hardship assistance or an exemption
shall be filed in the offices of the MSBU coordinator at 2300 Virginia Avenue, Fort Pierce,
Florida, prior to adoption of the Preliminary Assessment Roll. Failure to file such request within
the time permitted shall constitute a waiver of such right.
Section 6. Right of Applicant to Appeal; Determination of Eligibility.
(A) An applicant may appeal the staff determination of ineligibility to an administrative
review panel consisting of three (3) county employees appointed by the county administrator.
The appeal shall be initiated by letter from the applicant to the county administrator and
submitted within fifteen (15) days after issuance of the staff determination of ineligibility. The
applicant may submit such additional documentation and evidence in support of the appeal as
'-"
.....I
may not have reasonably been produced prior to the staff determination due to the unavailability
of such documentation of the amount of time available for providing such documentation. The
administrative review panel may allow the applicant to appear and offer under oath any relevant
testimony that may assist the panel in making its determination. The administrative review panel
shall promptly notify the applicant of its final determination.
(B) Anyone wishing to appeal a determination of the administrative review panel may do so
by submitting a written petition to the Board within fifteen (15) days after a notice of the
determination from the administrative review panel. The Board may make its determination
based upon the review of the initial application and documents, the written petition, and a written
response provided by the administrative review panel. The Board, in its sole discretion, may
grant the applicant a hearing, and notify the applicant of a time and date on which their appeal
will be considered. The date shall be no sooner than seven (7) days after the filing of an appeal.
The Board shall not be required to consider any evidence or documents not presented for review
by staff or the administrative review panel, but may, in order to fulfill the purposes of this article,
request, and receive additional evidence and testimony in order to effectuate the purpose of this
article.
Section 7. Repeal ofInconsistent Instruments. All resolutions of the County or parts
thereof in conflict herewith are hereby repealed to the extent of such conflict.
Section 8. Effective Date. This resolution shall take effect immediately upon its adoption.
[Remainder of page intentionally left blank.]
'-'
Passed and Adopted this
and held.
day of
ST. LUCIE COUNTY, FLORIDA
(SEAL)
ATTEST:
Clerk of the Board
..",
2005, at a regular meeting duly called
By:
Chair, Board of County Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
"
'-'
AGENDA REOUEST
...,I
ITEM NO. C-2.C
Date: September 27,2005
Regular [ ]
Public Hearing [ ]
Consent [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Airport Industrial Park - Release of Reverter in October 10, 1962 Deed from S1. Lucie County to Ft.
Pierce Port and Airport Authority
BACKGROUND: See C.A. No. 05-1582
FUNDS A V AIL. (S tate type & No. of transaction or N/A): NIA
RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the Release of
Reverter for the Airport Industrial Park, and authorize the Chairman to execute the Release.
COMMISSION ACTION:
~
!XI APPROVED [] DENIED
I r OTHER:
Approved 4-0
Comm. Coward AbIent
Doug as . Anderson
County Administrator
County Attorney:
t~
Coordi" ation/Sh! "at" res
Originating Dept.:
--
Mgt. & Budget:
~lorf" ¡J A
Purchasing:
Pro\'. l\..A. 5Î"d
OtHe; :"-'tJ '''''''
Finance (Check for Copy only, if applicable):
'-"
....,I
-
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 05-1582
DATE: September 21,2005
SUBJECT: Airport Industrial Park - Release of Reverter in October 10, 1962 Deed from St.
Lucie County to F1. Pierce Port and Airport Authority
BACKGROUND:
By a County Deed dated October 10, 1962, 5t. Lucie County conveyed property adjacent
to the southeast corner of the S1. Lucie County International Airport to the Ft. Pierce Port and
Airport Authority for the creation of the Airport Industrial Park. The deed contains a reverter
clause which provides for title to the property to revert to the County in the event the Authority
ceases to operate and maintain the airport in accordance with a 1958 airport grant agreement.
Pursuant to Chapter 88-515, Laws of Florida, the St. Lucie County Port and Airport Authority,
successor to the Ft. Pierce Port and Airport Authority, was abolished and all title and interest in its
property were transferred to S1. Lucie County.
Space Coast Truss, Inc. is in the process of acquiring Classic Truss Company which is
located on four lots in the Airport Industrial Park and has requested a release of the October 10,
1962 deed reverter to proceed to closing on September 30, 2005. Based upon the facts outlined
above, the need for the reverter clause no longer exists. Copies of the 1962 County Deed and the
proposed Release of Reverter are attached to this memorandum.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board of County Commissioners approve the Release of Reverter
for the Airport Industrial Park, and authorize the Chairman to execute the Release.
Respectfully submitted,
')~ b:-:.
Heather Y ouñg
Assistant County Attorney
Attachments
HYI
Copies to:
County Administrator
Airport Director
Property Acquisitions Manager
Deputy Clerk
~
~
.'
Prepared bv and Return to:
Heather Young
Assistant County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
RELEASE OF REVERTER
This RELEASE OF REVERTER ("Release") is made as of this day of
, 2005 by ST. LUCIE COUNTY, a political subdivision of
the State of Florida (hereinafter referred to as the "County"),
WITNESSETH:
WHEREAS, pursuant to that certain County Deed, dated October 10, 1962,
recorded in Official Record Book 48, Page 99, of the Public Records ofSt. Lucie County,
Florida ("Deed"), the County conveyed to the Ft. Pierce Port and Airport Authority that
certain real property described in Exhibit "A" attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, the Deed contained the following reverter clause (the "Reverter):
IT IS EXPRESSLY understood and agreed between the parties hereto that
in the event the party of the second part ceases to operate and maintain the
airport in accordance with the obligations of the agreement set forth
above, title to said property will revert to the party of the first part.
WHEREAS, pursuant to Chapter 88-515, Laws of Florida, the St. Lucie County
Port and Airport Authority, successor to the Ft. Pierce Port and Airport Authority, was
abolished and all title, right and interest in its property were transferred to the County;
and
NOW, THEREFORE, the County hereby terminates and releases the Reverter as
follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. The Reverter is hereby terminated, release and rendered null and void and
the Reverter shall have no further force or effect.
'-"
'..,,/
IN WITNESS WHEREOF, the County has executed and delivered this
instrument as of the date and year first above written.
Signed, sealed, and
Delivered in our presence
Of:
ST. LUCIE COUNTY, a political
subdivision of the State of Florida
WITNESS
Chairman, Board of County Commissioners
Name:
(Print Name)
ATTEST:
WITNESS
Deputy Clerk
Name:
(Print Name)
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before this (date) by
(name of person acknowledging), who is personally know to me or who has produces
(type of identification) as identification and who did (did not) take an
oath.
(SEAL)
2
'-
.~
EXHIBIT "A"
The SE V4; the SE V4 of the SW ]/4, less the NW V4 of the SE V4 of the SW V4;and the El/2
of the SE V4 of SW V4 ofthe SW 1/4 of Section 19, Township 34 South, Range 40 East.
The S Yz of Section 20, Township 34 South, Range 40 East.
All of Section 29, Township 34 South, Range 40 East, less the South 957 feet of the SE V4
of said Section.
The E Yz; the NE V4 of the NW V4; the E Yz of the E Yz of the NW '/4 of the NW V4; the
North 100 feet of the SE V4 of the NW 1/4 ; and the North 100 feet of the E Yz of the NE
V4 of the SW V4 of the NW V4 of Section 30, Township 34 South, Range 40 East.
Excepting, therefrom, however, all rights-of-way for public road and drainage canals.
3
'-
...._---------'-..::....;..........
p._ _____............._........_ _.... .r.......:__
'"
M. jA.... M
....... .,.."....... ~
C~ '
....ST. ,.~rÜ.
'!HIS DEED, ..de thh ~ day of Oetot:.r, 1962, by
åt. LUCIÈ COUKTY. FLORIDA, party of the Hnt part, IInd FT. PIERCE
PeRT AND AL1PŒT AUTI!œIT\'
...
'" part,. of the s.cond pIIrt.
WITNESSETF.: rhllt the said party of the t1rat part, for
-and in consideration of the sua of $1.00 to it 1n hand paid by the
-
~- party of the second part. receipt vherea! 1. het.by acknovladQed.
hAS granted. bargained And sold to the party of the .eoond part,
·its succeaaors And '"..igns, foreyer, the follovinq describéd 14nd,
lying and being in St. Lucie Countr, Florida,
The SEt; the SEt of the Slit, leu the NWt of the
SEt of the Slit: and the Ei of the SEt of Slit of
the swt of S.ction 19. Tovn.h1p 34 South, RAnge
40 Eut.
Th. S1 of Section %0, Tøwnllhip 34 South, Rang.
40 East.
All of Section 29, Tovqahip 34 South, Range 40
East. l.ss the 30uth 957 feet of the SEt of sAid
Section.
Th. El; the NEt of the NWt: the El of the Ei of
the NWt of the NWt: the North 100 f.et of the
SEt of the wt; and the North 100 f.. t of the Ei
of the NEt of the Slit of the NWt of Section 30,
Tovnship 34 South, Ranqe 40 E4st.
EXC6ptinq, th.refrom, howerer, 411 rights-of-va,.
for public r04ds 4nd dr4inaqe cAnals.
SUBJECT, HOWEVER, to an,. outst4nding lea..s and
further .ubject to the t.~ and conditions ~~ ..reral
aqre....n ta betveen St. Lucie County and the 1:..i ted
State. which are identified ae follov.:
1. AP-4 Re.olution adopted by the Board of County
Commi.s10nera of St. Luci. County, Florida, on
December 9. f941.
2. AP-4 Re.olut10n adopt.d by the Board of County
Comaisaioners of St. Lucie County, Florida. on
Noreaber 3, 1942.
3. Grant Aqre...nt, Contract No. C%ca-6llZ-A dated
September 30, 1958, "ccepted by the Board of _
County Comm~..io~r. on Nor.mber 5, 1958, for
Project No. 9-08-043-5901. The Sponsor'. Aaeurances
of the Project Application dated June 3, 1958 "r. II
PiTt th.r.of.
'..I
1
-
\..
-
..,¡
Mt
t8 IKll00
ST. i uClf C~Ui1. Hi. '
IT IS £XPR£SSLY uncMratood ..nd IIQr..d betwHn u.. parti..
h.r.to that in the ennt the part,. of U" _aond polrt .,...... to
operate ..nd aaintain tho ..irport in accordanoe with the obliqa-
tion. of the aQr....nt. ..t forth &boT., title to .aid property
will reTert to the polrt,. of the fir.t part.
III IfITIIESS WHEREOf tlw add party of the fiut put ha.
cau.ed th... pre_nte to be ...c..ted in ita n..- by it. Board
of Count,. Co..i..ion.r. actinQ by the Chiaraan of ...id Bo:rd,
the da,. and year'afor...id.
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:a:-;~7_: '7 ~~.
)~~;f~;:Ji;;
County
..:"
AttEST'~~
. - .. of the Circuit Court
of St. Lucie Count,., Florida
109627
.fllEO AND RECORDEO
1N~~~OI(
1m OCT 17 ~HIO:~9
ROCER POITRAS. a.m
sr. lUm C~~N!!. fl~P.WA
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..........::¡j¡':.;,....
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AGENDA REQUEST
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ITEM NO. C-2.D
Date: September 27, 2005
Regular [ ]
Public Hearing [ ]
Consent [X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Teamsters Local Union No. 769 - Collective Bargaining Agreement
BACKGROUND: See C.A. No. 05-1590
FUNDS A V AIL. (State type & No. of transaction or N/ A): Health Insurance Fund and various operating funds;
Account No. 001 -9910-599310-800 (General Fund Salary Increase Reserve) and various funds under Account no.
·9910-599310- -goo
RECOMMENDA nON: Staff recommend that the Board of County Commissioners approve the proposed
Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the
agreement, subject to ratification of the proposed agreement by the bargaining unit.
l)G APPROVED [] DENIED
[ ] OTHER:
E:
COMMISSION ACTION:
Approved 4-0
Comm. Coward Absent
Doug a . Anderson
County Administrator
County Attorney:
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Mgt. & Budget:··
Othe~
Purchasing:
Originating Dept.:
Other:
Finance (Check for Copy only, if applicable):
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 05-1590
DATE: September 21, 2005
SUBJECT: Teamsters Local Union No. 769 - Collective Bargaining Agreement
BACKGROUND:
Attached to this memorandum is a copy of the proposed Collective Bargaining
Agreement with Teamsters Local Union No. 769 which represents the County's bargaining unit.
If approved, the proposed agreement will be effective October 1, 2005 through and including
September 30, 2006. The agreement provides for all members of the bargaining, other than new
hires, to receive a three percent (3%) wage increase effective October 2,2005 which is the start
of the first pay period in the 2005/2006 fiscal year. In addition to the wage increase, the County
will also absorb the project fifteen percent (15%) increase in the cost of the County's employee
insurance program. The agreement also provides for a second floating holiday which may be
taken at any time during the fiscal year. All holidays would also be counted as time worked for
the purpose of calculating overtime. The token pay for employees on emergency standby duty
would also be increased from one hour to two hours. Finally, an article addressing discipline
and discharge added to the agreement. The new article outlines the procedures currently in place
for all County employees.
The Union has scheduled a ratification meeting of its members on September 26, 2005.
The Union negotiating committee has indicated it will present the proposed agreement to the
members without a recommendation as to approval or rejection. In the event the members vote
to reject the proposed agreement, staff will pull the agreement from the Board's September 27,
2005 agenda.
RECOMMENDATION/CONCLUSION:
Staff recommend that the Board of County Commissioners approve the proposed
Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the
Chainnan to sign the agreement, subject to ratification of the proposed agreement by the
bargaining unit.
Respectfully submitted,
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Heather Young
Assistant County Attorney
·
Attachment
HYI
Copies to:
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County Administrator
Human Resources Director
Finance Director
Management and Budget Director
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
AND
TEAMSTERS LOCAL UNION NO. 769
AFFILIA TED WITH
THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS
EFFECTIVE OCTOBER 1, 2005
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TABLE OF CONTENTS
PAGE
ARTICLE 1 Intent and Purpose 1
ARTICLE 2 Management Rights 2
ARTICLE 3 Correspondence 4
ARTICLE 4 Alcohol, Drugs and Controlled Substance
Examination/Testing Procedures 5
ARTICLE 5 Safety 9
ARTICLE 6 No Concurrent Employment 11
ARTICLE 7 Attendance 12
ARTICLE 8 Overtime 13
ARTICLE 9 Hours of Work 14
ARTICLE 10 Emergency Standby Duty 15
ARTICLE 11 On Call Status 17
ARTICLE 12 Evaluation Period 19
ARTICLE 13 Separations 21
ARTICLE 14 Recall after Lay-Off 24
ARTICLE 15 Transfers 26
ARTICLE 16 Promotions and Vacancies 28
ARTICLE 17 Temporary Assignments 30
ARTICLE 18 Insurance 31
ARTICLE 19 Leaves of Absence 33
ARTICLE 20 Paid Sick Leave 38
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ARTICLE 21 Sick Leave Incentive 40
ARTICLE 22 Holidays 42
ARTICLE 23 Vacation Leave 45
ARTICLE 24 Dues Check-Off 48
ARTICLE 25 Union Activity 49
ARTICLE 26 Grievance Procedure 51
ARTICLE 27 Arbitration 54
ARTICLE 28 Continuity of Operations 57
ARTICLE 29 Subcontracting 58
ARTICLE 30 Bulletin Boards 59
ARTICLE 31 Uniforms 60
ARTICLE 32 Wages 61
ARTICLE 33 Retirement 62
ARTICLE 34 Printing Agreement 63
ARTICLE 35 General 64
ARTICLE 36 Savings Clause 66
ARTICLE 37 Duration of Agreement 67
ARTICLE 38 Discipline and Discharge 68
SIGNATURE PAGE 69
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ARTICLE 1
INTENT AND PURPOSE
It is the intent and purpose ofthe parties hereto to set forth herein the basic agreement covering rates
of pay, hours of work, and conditions of employment; to achieve and maintain harmonious relations
between the Board of County Commissioners, 81. Lucie County, Florida, hereinafter referred to as
the "County", and Teamsters Local Union No. 769, Affiliated with the International Brotherhood
of Teamsters, hereinafter referred to as the "Union"; to insure the continuous, uninterrupted and
efficient operation of all departments; and to provide for the prompt and amicable adjustment of
differences that may arise.
ARTICLE 2
MANAGEMENT RIGHTS
Section 1.
Except as otherwise specifically limited in this Agreement, the Union recognizes and agrees that the
supervision, management, control and determination of the County business, operations, working
force, equipment and facilities are exclusively vested in the County and its designated officials,
administrators, managers and supervisors. The County alone shall have the authority to determine
any direct policies, mode and methods of providing its services and unilaterally set the standards for
same, without any interference in the management and conduct of the County's business by the
Union or any of its representatives. Except as expressly limited by a specific provision of the
Agreement, the County shall continue to have the exclusive right to take any action its deems
necessary or appropriate in the management of its business and the direction of its work force.
Without limiting the generality ofthe foregoing, such rights exclusively reserved to the County shall
include but not be limited to its right to determine the existence or nonexistence of facts which are
the basis of management decisions; the right to determine the size and composition of its work
forces; to determine the existence of a job vacancy; to temporarily fill vacancies; to hire new
employees from the outside at any level; to select, reinstate, retire, promote, demote, evaluate,
transfer, suspend, assign, direct, lay-off and recall employees subject to the express provision of this
Agreement; to determine the fact oflack of work; to determine questions of physical fitness, skills
and ability of employees to perform the work; to reward or reprimand, discharge, or otherwise
discipline employees; to maintain the efficiency of employees; to determine job content and
minimum qualification for job classifications and the amount and type of work needed; to engage
in experimental and developmental projects; to determine what records are to be made and kept,
how the records are to be made and kept, including those records relating to hours of work of
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employees, who will make and keep the records, how the records are to be made and kept; to
establish new jobs, abolish or change existing jobs; to determine the assignment of work; to contract
out or subcontract work; to schedule the hours and days to be worked on eachjdb and each shift;
to close facilities and to open new facilities; to make time studies of work loads, job assignments,
methods of operation and efficiency from time to time and to make changes based on said studies;
to expand, reduce, alter, combine, transfer, assign, cease, create, or restructure any department or
operation for business purposes; to control, regulate and determine the number, type, and use of
supplies, machinery, equipment, vehicles and other property owned, used, possessed or leased by
the County; to introduce new, different or improved methods, means, and processes of County
services and operations; to make or change rules and regulations, policies and practices for the
purpose of efficiency, safe practices and discipline; and otherwise generally to manage the County,
direct the work force, and establish terms and conditions of employment, except as modified or
restricted by a provision of this Agreement. The County's failure to exercise any function or right
hereby reserved to it, or, its exercising any function or right in a particular way, shall not be deemed
a waiver of its rights to exercise such function or right, nor precludes the County from exercising the
same in some other way not in conflict with the express provisions of this Agreement. The Union
agrees that the County may exercise all of the above without advising the Union of any proposed
action; nor may the Union require the County to negotiate over the decision or its effects on the
employees except as altered by this Agreement. The exercise of the rights specifically listed in this
Article does not preclude the employees or their representatives from conferring with Management
or raising questions about the practical consequences that decisions on these matters may have on
the terms and conditions of employment.
Section 2.
Past practices of the Board of County Commissioners or County Management shall not be
considered for the purpose of limiting the rights, responsibilities, or prerogatives of management,
nor for the purpose of enlarging upon the specific and express limitations on management which
are contained in this Agreement.
Section 3.
If the County determines that civil emergency conditions exist, including but not limited to riots,
civil disorders, strikes or illegal work stoppages, hurricane conditions or similar catastrophes or
disorders, the provisions of this Agreement may be suspended by the County during the term of the
declared emergency. Notwithstanding the provisions of Article 3, Correspondence, notice of such
suspension will be given to the Union President as soon as practicable after the determination has
been made and by whatever means are appropriate under the circumstances.
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ARTICLE 3
CORRESPONDENCE
Section 1.
Unless otherwise provided in this Agreement, all correspondence from the Union to the County shall
be directed to the Human Resources Director, or his designee, and all correspondence from the
County to the Union shall be directed to the Business Representative. To comply with the time
limits contained in this Agreement, such correspondence shall be sent via the US Postal Service,
hand delivered or via facsimile and shall actually be received by the Human Resources Director, or
his designee, or Union Business Representative on or before the date due unless sent via the U.S.
Postal Service. When the U.S. Postal Service is utilized, all time limits contained in this Agreement
shall be considered met so long as the correspondence is mailed via certified mail and the postmark
date is in compliance with the specified time limit. All other correspondence shall be mailed by the
U.S. Postal Service via regular mail, hand delivered, or sent via facsimile.
Section 2.
It is the responsibility of the Union to furnish the County with a mailing address for the Union, and
to advise the County of any address change. Current Union Address:
Teamsters Local Union No. 769
3498 West Midway Road
Fort Pierce. Florida 34981-4959
Phone: 1-772-465-3454
Fax: 1-772-465-7357
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ARTICLE 4
ALCOHOL. DRUGS AND CONTROLLED SUBSTANCE
EXAMINATION/TESTING PROCEDURES
Section 1
The County reserves the right to require all job applicants and employees to be tested for the use of
alcohol, drugs or controlled substances. Alcohol, drugs and/or controlled substances shall
hereinafter be referred to as "drug" or "drugs". If state or federal law regulations requires random
or other types of drug testing of any job applicant and/or employee in the bargaining unit, the County
will begin testing of such job applicants and/or employees as soon as required and as provided by
law. The County will provide a list to the Union of the job classifications identified for random
testing. All testing will be done at facilities approved by the Florida Agency for Health Care
Administration or the United States Food and Drug Administration.
Section 2
The County reserves the right, at any time, to request any employee to take a drug test and/or
physical examination based on reasonable suspicion. Reasonable suspicion is a belief that an
employee is using or has used drugs in violation of County policy drawn from specific, objective,
and articulate facts and reasonable inferences drawn from those facts. Among other things, such
facts and inferences may be based upon:
A. Observable phenomena while at work, such as a direct observation of drug use or the
physical symptoms or manifestations of being under the influence of a drug or drugs.
B. Abnormal conduct or erratic behavior while at work or a significant deterioration in work
performance.
C. A report of drug use, provided by a reliable and credible source_
D. Evidence that an individual has tampered with a drug test during his employment with the
County.
E. Information that an employee has caused, contributed to, or been involved in an accident
while at work. If necessary. medical attention will be sought prior to testing.
F. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while
working or while on County premises or while operating County vehicle, machinery, or
equipment.
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Section 3
The testing outlined for drugs in Section I and 2 of this Article will be administered in accordance
with the following provisions:
A. Any employee may be subject to an investigation which may include, but not be limited to,
drug detection and testing, urinalysis, saliva testing, or any other medically recognized
testing procedure. Prior to being tested, the employee will be given the opportunity to
present any evidence oflegal substances he has taken which may affect the accuracy of the
test results. The employee may consult with his Union Steward before being tested, provided
such consultation does not delay the testing for more than thirty (30) minutes.
If the employee is ordered to be tested based upon reasonable suspicion or the County is
advised of any positive test results, the County in its sole discretion, shall decide whether the
employee should be returned to a limited duty capacity or relived of duty pending the results
of the testing. Ifrelieved of duty, the employee will be suspended without pay. If permitted
to continue working pending the results ofthe testing, the employee shall not be permitted
to operate any equipment or perform any function that could present a danger to the health,
safety, or welfare of the public, co-workers, or the employee, and shall not be permitted to
operate a motor vehicle. If the test results are negative for the presence of drugs, an
employee who has been suspended will be paid for the time lost.
B. Voluntary Rehabilitation: An employee who has not undergone rehabilitation for a substance
abuse problem previously while employed by the County and/or has not been asked to be
tested based on reasonable suspicion may be granted a leave of absence, without pay for up
to thirty (30) days to seek rehabilitation. The County may approve up to a fifteen (15) day
extension ofthis leave upon application by the employee. The employee may be entitled to
use accrued vacation and/or sick leave if the employee so requests during this period.
C. The decision to investigate and conduct drug testing shall be made by the County
Administrator or his designee, who shall not be the employee's direct supervisor. Should the
employee refuse to cooperate with the investigation and/or drug test, the employee will be
terminated. Should the investigation and/or drug test substantiate the influence, use, or
presence of drugs, the following procedural steps will be followed:
I. The employee shall be subject to disciplinary action as provided in the Employee
Handbook Code of Workplace Conduct. In addition, the employee will be required
to participate in and successfully complete a rehabilitation program under the
Employee Assistance Program ("EAP"). Failure to participate in such rehabilitation
program shall be grounds for termination. As an alternative to suspension, the
employee may request an unpaid leave of absence for up to thirty (30) days to
participate in and successfully complete a rehabilitation program. The County may
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approve up to a fifteen (15) day extension of this leave upon application by the
employee. The employee shall be entitled to use accrued vacation and/or sick leave
during such leave of absence, if he so elects_
An employee who receives a positive confirmed test result may contest or explain the
results to the County's designated medical review officer within five (5) working days
after the employee receives written notification of the test result. If the employee's
explanation is unsatisfactory to the medical review officer, the medical review officer
shall report a positive test result back the County and the employee shall have the right
to contest the drug test result pursuant to rules adopted by the Florida Department of
Labor and Employment Security. Ifthe employee's explanation is acceptable to the
medical review officer, the employee will be returned to work and will be paid for the
time lost.
The individual employee shall have the right to have his original specimen tested by
a Florida Health Care Administration or United States Food and Drug Administration
approved laboratory of his choice in rebuttal to the initial test, and present such test
results to the County. This test will be accomplished at the sole expense of the
employee. If there is a conflict between the first and second test, the County shall
have the right to request a third test of the original specimen by an approved
laboratory of the County's choice. If this final (third) test reverses the County's
original finding, the employee will be reimbursed for the second test and paid for the
time lost.
This retesting, which is available at an employee's option, does not take the place of
the testing procedures outlined in paragraphs C2 and C3 ofthis section. However, the
employee may also exercise this retesting option when given the tests outlined in
paragraphs C2 and C3 of this section.
2. Prior to returning to work following a suspension or leave of absence described in
paragraphs B and Cl of this section, the employee will be given a drug test. If the
drug test is positive, the employee will be discharged. However, at the sole discretion
of the County, an employee may be allowed to return to work temporarily before
completing his rehabilitation program. An employee returning to work under such
circumstances shall not be permitted to operate any equipment or perform any
function that could present a danger to the health, safety, or weltàre ofthe public, co-
workers, or the employee, and shall not be permitted to operate a motor vehicle.
Further an employee returning to work before completing his rehabilitation program
will be given a drug test on a day and time ofthe County's choosing, between the 31 st
day and the 45th day after the first specimen was taken. Ifthe drug test is positive, the
employee will be discharged.p
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3. As a condition of returning to work following the leave described in paragraphs Band
Cl of this section, the employee must submit to periodic drug testing no more than
once a quarter during the following two (2) year period upon the demand of the
County and without prior notice to the employee. Having had the benefit of
paragraphs Band Cl of this section, an employee who fails a drug test at anytime in
the future will be discharged (Second otTense).
Section 4.
The sick leave, vacation and leave of absence without pay referred to in this Article shall be taken in
accordance with the provisions of this Agreement.
Section 5.
If the County finds that the employee's use or possession of any drug has detrimentally affected its
interest the employee may be discharged rather than being afforded the opportunities of rehabilitation.
This Article does not prevent the County fÌom disciplining an employee for any violation of the
County's Code of Personal Conduct, Departmental Rules and Regulations, or other provisions of this
Agreement or the Employee Handbook that may occur regardless of whether it is in connection with
the use or abuse of controlled drugs or substances.
Section 6.
Upon request, an employee shall receive a copy of the laboratory report(s) received by the County.
Section 7.
The County and the Union agree to follow the provisions set forth in the "Drug Free Workplace Act. "
Section 112.0455. Florida Statutes.
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ARTICLE 5
SAFETY
Section 1.
All employees and the County shall be responsible for following the provisions of the Employee
Safety Handbook. The County shall provide all employees with a copy of the Employee Safety
Handbook. The County shall continue to have the right to unilaterally establish adopt, change amend,
withdraw, and enforce the Employee Safety Handbook, so long as such actions do not result in a
conflict with the specific terms and conditions of this Agreement. The County will post all changes
to the Employee Safety Handbook in all work areas. Except in the case of an emergency, such
changes will be posted on the County bulletin boards at least five (5) working days before the
effective date ofthe change. Failure to follow prescribed safety procedures may result in disciplinary
action.
Section 2.
A. The County and the Union agree that it is in the best interest of the County and the employee
to report accidents as soon as possible, no matter if minor in character. Failure to do so may
result in complications ofthe illness or injury and delay recovery for the employee. Therefore,
employees are required to immediately report to their supervisor any accident or injury
incurred on the job and/or any work related illness unless physically unable to do so. Failure
to so report ajob related illness or injury may result in disciplinary action. An employee may
also be requested to file a written report regarding ajob related illness or injury.
B. Unless an emergency exists, an employee must receive authorization from his supervisor prior
to receiving medical treatment. The County reserves the right to designate specific doctors,
clinics, and hospitals, that will be exclusively authorized to treat employees' on the job
injuries and illnesses. An employee wishing to be treated by his own physician must receive
prior written approval from his supervisor.
C. In the case of all vehicular accidents on a public right of way, the employee shall immediately
call 911, advise the operator that he is a County employee, and ask the 911 operator to call
and notify his supervisor, who shall immediately notify the Risk Manager, and the County's
Public Safety Department of the accident. The employee shall notify his supervisor
immediately of all vehicular accidents on County property.
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Section 3.
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The County provides safety equipment and devises for employees engaged in work where such
special equipment is deemed by the County to be necessary. Such equipment, where provided, must
be used. Failure by an employee to utilize provided equipment shall be cause for disciplinary action.
In the event an employee is issued prescription safety !?:lasses, the County will replace the glasses only
upon the employee turning in the broken glasses or providing proof that his vision prescription has
changed.
Section 4.
The Employee Safety Handbook provides for a Safety Committee the size and composition of which
shall be determined by the County Administrator. Bargaining unit representation on the County's
Safety Committee shall consist of three (3) bargaining unit employees from three (3) different
departments tilt. bå1gcl~úiJlg unit. The Union shall made a good faith effort to recruit representatives
from a variety of departments. The Union shall furnish the County Administrator the names of three
(3) employees chosen by the bargaining unit. The County Administrator shall appoint these three
bargaining unit employees to the Safety Committee, except he may reject an appointment for good
cause. The County will ensure that all appointed bargaining unit members will be permitted during
the hours of work to attend the Safety Committee. It will be the County's responsibility to notify the
appointed bargaining unit members of the dates and times and locations of the Safety Committee
meetings. The votes ofthe individual bargaining unit representatives will be given the same weight
as any other individual member of the Safety Committee. Any decision or recommendation of the
Safety Committee will be considered by the County Administrator or his designee but will not be
binding on the County.
Section 5.
Should an employee have a complaint or a concern regarding the safetv of a work site or work
assignment, the emplovee shall consult with his immediate supervisor. If the supervisor deems
conditions warrant. he shall contact the Safety Officer and ask him to review the matter. The Safety
Officer shall determine whether the work should proceed pending his review.
Section 6.
The County will require its temporary employee agency(ies) to conduct complete criminal background
checks on all emplovees assigned to the County prior to the emplovees commencing work for the
County. In the event a temporarv employee will be assigned to the Countv for a period in excess of
five (5) working davs. the County will also require that the temporary employee pass a drug test
equivalent to the pre-employment drug test required for County employees.
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ARTICLE 6
NO CONCURRENT EMPLOYMENT
Section 1
During working hours, the employee is to concern himself strictly with the business of the County
and the duties of his position. At no time during working hours shall the employee perform any
services or make or receive any telephone calls on behalf of any employment, that are not a part of
the employee's job responsibilities with the County.
Section 2
An employee shall notify his supervisor of any other employment in order for the County to determine
that no conflict of interest as defined in Section 112.312(8), Florida Statutes (2003). exists with
regard to such employment and the employee's duties with the County.
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ARTICLE 7
ATTENDANCE
Section 1.
All employees are expected to report for duty at the scheduled time. If an employee is unable to work
for any reason, he must notify the department as indicated by written departmental policies which are
posted or otherwise distributed to employees. Departmental policies shall be guided by procedures
described in the Employee Handbook unless circumstances of the department warrant deviation.
Employees in a department without a separate attendance policy shall be required to notify the
department that they will be absent within thirty (30) minutes after their scheduled start time. In the
event an emplovee provides insufficient notice regarding his absence or tardiness, may constitute the
emplovee shall be required to use vacation leave or leave without pay. at the emplovee's option.
Section 2.
Unauthorized absenteeism or lateness may be cause for disciplinary action in accordance with the
Employee Handbook.
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ARTICLE 8
OVERTIME
Section 1.
Employees shall be required to work overtime when requested unless excused by supervisors.
Employees working in those classifications which are overtime eligible classifications and not exempt
under the Fair Labor Standards Act will be paid overtime at the rate of time and one-half their regular
base rate of pay for all time actually worked in excess offorty (40) hours per work week. Ifthere are
any changes during the term of this Agreement in the Fair Labor Standards Act with regard to
overtime provisions which affect public sector employees, the parties shall consider this paragraph
immediately open for negotiations and shall immediately meet for such negotiations.
Section 2.
The County will seek volunteers consistent with equitable distribution of overtime within a work area,
classification, shift and consistent with skill and ability. In the event sufficient volunteers are not
available, qualified employees shall be assigned to overtime work in a manner consistent with the
equitable distribution of assignments.
Section 3.
For purposes of calculating overtime. paid holidav leave shall be considered as time worked.
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ARTICLE 9
HOURS OF WORK
Section 1.
The workweek shall consist of a consecutive seven (7) day period. The work day shall consist of a
twenty-four (24) hour period beginning at 12:00 midnight.
Regularly scheduled working hours and days off of employees covered by this Agreement shall not
be indiscriminately changed by the County. Changes shall be made by reason of operational necessity
and/or efficiency. Such changes require at least fi v(. (5) ten (10) working days notice to the affected
employees except in the case of an emergency. Except as provided herein, an employee's regular
work schedule shall contain two (2) consecutive days off. An employee may request that his regularly
scheduled days off be non-consecutive. Such request shall be subject to the prior approval of the
employee's supervisor based upon the operational and scheduling needs of the department. Such
approval shall not be unreasonably withheld.
Section 2.
A thirty (30) minute lunch, and if provided, up to two (2) fifteen (15) minute break periods will be
scheduled by the Department Head/Designee. Whenever consistent with efficient operation, such
lunch period shall be scheduled by the Department HeacllDesignee to fall approximately at the mid-
point of the employee's work day. Whenever consistent with efficient operation, such break shall
be scheduled by the Department HeacllDesignee within the approximate mid-point of both the first
and the last half of the employee's work day. However, nothing herein should be construed as
preventing the County from providing staggered lunch and break times or requiring the County to
provide any or the same lunch and break time for employees.
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ARTICLE 10
EMERGENCY STANDBY DUTY
Section 1.
In order to provide coverage for services during off-duty hours, it may be necessary to assign and
schedule certain employees to emergency standby duty. An emergency standby duty assignment is
made by a Department Head/Designee who requires an employee to be ávailable for work on off-duty
time which may include nights, weekends and/or holidays.
Section 2.
Emergency standby time is defined as that period oftime during which an employee is required to be
readily available for emergency call out. When assigned to emergency standby duty, the employee's
activities are restricted to the extent that he may be readily contacted by telephone or pocket pager.
Section 3.
The Department HeadlDesignee will determine when it is necessary to place employees in an
emergency standby status. The department will seek volunteers consistent with equitable distribution
of emergency standby time within a work area, classification, shift and consistent with skill and
ability. In the event sufficient volunteers are not available, qualified employees shall be assigned to
emergency standby work in a manner consistent with equitable distribution of assignments.
Section 4.
Employees assigned to emergency standby shall be compensated as follows:
A. 8nc Two hourâ token pay will be paid per 24-hour period. This is paid regardless if the
employee is or is not called into work. This token pay will be based upon the employee's
regular rate of pay.
B. Except as provided below if an employee is called out, he will be paid a minimum of 2 hours
per 24 hour period provided the time worked does not immediately precede or extend the
employee's regularly assigned work shift. This 2 hour minimum payment will apply only to
the first call-out, and the actual time worked will be paid for subsequent call-outs in the same
24-hour period based upon his regular rate of payor his overtime rate of pay, as appropriate.
C. If an employee is called out during a week in which there is a County holiday, tllC Glüploj'cc
..al bc p~d ò.lllininll:hll of211otlls pCl 24 ho(ù pCliod or 1 'IS ti111(,S 11~6 legulð.llate of Paj' for
tile t~ÚlG ~orkcd Vll the eò.ll-oat, an employee who is called back to work shall be
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compensated for the amount of time actually worked or two (2) hours, whichever is greater.
This 2 hour minimum payment will apply only to the first call-out during the 24 hour period,
and subsequent call-outs in the same 24 hour period will be paid at 1 Y:, time his regular rate
of pay for the actual time worked.
Section 5.
Except as provided above for weeks with a holiday, overtime compensation of 1 Y2 times the base
hourly rate of pay will be paid for hours actually worked in excess of 40 hours per work week to
employees who are non-exempt employees under the Fair Labor Standards Act. If there are any
changes during the term of this Agreement in the Fair Labor Standards Act in regard to overtime
provisions, the parties shall consider this section immediately open for negotiations and shall
immediately meet for purposes of computing overtime pay. However, for the purposes of computing
overtime, the öne two hour~token pay will count as öne two hourâ worked even if no work is
performed.
Section 6.
All emergency standby employees will be provided with pocket pager and County vehicle for possible
use. If the employees does not report to work in a timely fashion, not to exceed 30 minutes, in
response to a call for assistance, all emergency standby compensation may be forfeited, and
disciplinary action may be enforced.
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ARTICLE 11
ON CALL STATUS
Section 1.
It is recognized and agreed by both parties that the nature of the operation of the County sometime
requires that employees be available to be called back to work at a time other than their regularly
scheduled hours of work, including nights, weekends or holidays.
Section 2.
The Department Head will determine when it is necessary to place employees in an on call status. The
department will seek volunteers whenever possible consistent with equitable distribution of on call
time within a work area, classification, shift, and consistent with skill and ability. In the event
sufficient volunteers are not available, qualified employees shall be assigned on call work in a manner
consistent with equitable distribution of assignments.
Section 3.
Employees on the on call list will provide the County with a contact telephone number and will be
responsible for keeping the County advised of any changes. Employees on the on call list have
complete freedom of activity in the off duty hours until assigned to work and are not considered on
"emergency standby" duty.
Section 4.
Employees placed on the on call list who are called back to work shall be compensated as follows:
A. Except during a week in which there is a County holiday, an employee who is called back to
work shall be compensated for the amount of time actually worked or 2 hours, whichever is
greater, provided such work does not immediately precede or extend the employee's regularly
assigned work shift. The 2 hour minimum payment will apply only to the first call-out during
the 24 hour period, and subsequent call-outs in the same 24 hour period will be paid based
upon actual time worked at his regular rate of payor his overtime rate of pay, as appropriate.
B. If an employee is called back to work during a week in which there is a County holiday, the
(,jl1ployeG will be paid a minimum 0[2 hows pGI 24liow peliod Oi 1 >~ time5 his le~dlål urtc
of pay [m t1.c t~!UG "oiked Oil the Gò.ll-otlt. an emplovee who is called back to work shall be
compensated for the amount of time actually worked or two (2) hours. whichever is greater,
at 1 Yz times his regular rate of pay. The 2 hour minimum payment will apply only to the first
call-out during the 24 hour period, and subsequent call-outs in the same 24 hour period will
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be paid at 1 Y2 time his regular rate of pay for the actual time worked.
Section 5.
...."
On call time away from work shall not count as hours "worked" for the purpose of computing
overtime pay.
Section 6.
This article is not intended to override or interfere in any manner with any work assignment made in
accordance with emergency manuals, for example, hurricane preparedness non-military radiological
manuals and assignments made in accordance with a state of emergency declared by an appropriate
official.
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ARTICLE 12
EVALUATION PERIOD
Section 1.
The evaluation or "working test" period is an integral part of the hiring and promotion process It is
utilized to closely observe the new employee's work, to secure the most effective adjustment of a new
employee to the position, and to reject any employee whose performance does not meet the required
standards.
Section 2.
Except as otherwise provided in Articles 13, 14 and 15 of this Agreement, the evaluation period shall
extend a minimum of six (6) months from the employee's first day of work with the County or in the
position to which he has been promoted. An employee will receive a minimum of three (3) written
evaluations during this six (6) month period. The County may extend an employee's evaluation
period one time beyond the end of the minimum evaluation period for a period not to exceed thirty
(30) calendar days upon approval of the County Administrator/designee. Further, the evaluation
period will be extended by the number of days an employee is absent whether paid or unpaid during
the evaluation period. When the employee has successfully completed the evaluation period, and any
extension, he shall be placed on regular status.
Section 3.
Regular status denotes final appointment in a specific County position and classification following
successful completion of the evaluation period, and any extension thereof.
Section 4.
A newly hired employee who does not successfully complete his evaluation period is not entitled to
the Grievance/Arbitration Procedures or payments of sick leave or vacation leave at the time of
termination.
Section 5.
If an employee who is serving an evaluation period incurred as a result of a promotion is found to be
unqualified to perform the duties ofthe higher position, a good faith effort will be made to return the
employee to the position and status he held immediately prior to the promotion. If the employee is
returned to this former position, his wages will be the same amount he would have been paid if he
had not been promoted, including any increases which he would have achieved during the period he
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held the higher position. If the employee's former position is filled, the employee may be transferred
to a vacant position, for which he qualifies, subject to the approval ofthe Department Head and the
County Administrator. If no vacancy exists for which the employee is qualified, he' will be placed in
a layoff status with recall rights pursuant to Article 14 of this Agreement.
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ARTICLE 13
SEPARATIONS
Section 1.
Date of Separation
The effective date of separation shall be the last day on which the employee is present for duty unless
otherwise specified herein.
Section 2.
ResÍ!mation
A. Resignation is defined as an action whereby an employee voluntarily leaves County
employment with or without giving notice.
B. An employee wishing to leave County employment in good standing shall file with the County
a written resignation, stating the date and reasons for leaving. Such notice must be given at
least two (2) weeks prior to the date of separation, Failure to comply with this courtesy may
be cause for denying such employee reemployment with the County.
Section 3.
Retirement
A. Retirement is defined as a voluntary or involuntary procedure whereby an employee separates
from County employment for reasons of length of service or disability.
B. Retirement regulations and benefits shall conform with the provisions of the Florida
Retirement System in effect upon the effective date of the employee's retirement.
Section 4.
Death
Termination shall be effective as of the date of death. All compensation and benefits due to the
employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or
the estate of the employee, as determined by law or by executed form in the employee's Personnel
Division file.
Section 5.
Reduction in Force (Lav-oft)
A. If a layoff occurs, all employees serving an evaluation period will be laid off first by job
classification. The only exception would be if an employee in an evaluation period has a
particularly skill required to perform duties and no one else employed by the County is
qualified to perform such duties in the opinion of the County.
B. In determining the order of layoff of employees other than employees in their probationary
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period, the following criteria will be weighted equally: (a) ability, (b) skill, (c) attendance
record for preceding twelve (12) month period, (d) evaluations, (e) any documented
counseling or disciplinary actions in preceding twelve (12) month period, and (f) seniority.
Ifthe employee has the ability, skills and desire to reclassify to a lower paying position within
his division, he may replace the least senior employee in the lower position provided he has
more seniority than the employee he is replacing. The employee's rate of pay will remain the
same if his wage is within the range of the lower position. If the employee's rate of pay
exceeds the maximum of the lower position, the employee will receive the top of the range
for the new classification. An employee who reclassifies to a lower position will not be
subject to the provisions of Article 12. If an employee returns to his former job classification
within one year from the effective date of his reclassification to a different position, he will
not be subject to the provisions of Article 12.
C. If a laid-off employee is transferred from one department to another where a vacancy exists
and is required to take a reduction in pay, that employee will have the option of receiving his
vacation pay prior to being transferred at the previous higher rate of pay. If the employee
chooses not to take vacation pay before the transfer, he will be paid vacation leave at his
current rate of pay when he chooses to take vacation. If a full-time employee is laid-off, he
will be compensated for his vacation in full and receive sick leave accrued not to exceed
eighty (80) hours unless the employee has ten years of continuous service for which he would
receive up to sixty (60) days of accrued sick leave. Part-time employees who are laid off will
receive their vacation and sick leave pro-rated based on an average two week work period.
D. Recognizing the hardship a layoff creates for an employee, the County will continue to pay
its share of health insurance premiums for one full month after layoff for the employee and
family coverage.
E. Seniority is defined as the employee's last date of hire with the County with deductions for
absences of sixty (60) working days. If employees have the same seniority date, their relative
seniority dates shall be determined by the last four digits of the employee's social security
number, the lowest number being the most senior.
Section 6.
Dismissal or Dischar!!:e
A. A discharge is the involuntary separation of an employee from County employment.
Employees discharged for disciplinary reasons shall not generally be eligible for
reemployment and shall lose all seniority and reinstatement privileges.
B. A discharged employee will be allowed to discuss the discharge with the Union Steward
before he is required to leave the property of the County, unless his presence creates an unsafe
situation.
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C. The County will notify the Union Steward upon the discharge of an employee in the
bargaining unit, but failure to give such notice shall not affect the validity of the discharge.
D. Discipline or discharge of employees in a new hire evaluation period shall not be subject to
the grievance or arbitration procedures.
Section 7.
Return of Property and Financial Oblieations
A. At the time of separation and prior to receiving final monies due, all records, books, assets,
uniforms, keys, tools, and other items of County property in the employee's custody shall be
returned to the department. Certification to this effect shall be made by the employee's
supervisor. Any monies due because of shortages shall be deducted from the final pay check
due or shall be collected through appropriate action.
B. Any. outstanding debts incurred by an employee, such as shortages in leave accounts,
deductions for the loss or abuse of County property or other financial obligations which are
due the County shall be deducted from the employee's final pay check and/or termination
leave pay.
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ARTICLE 14
RECALL AFTER LA Y-OFF
Section 1.
A laid off employee is eligible to remain in a recall status for 011e (1) full j cal thirteen (13) months
from the date of lay-off. The County's obligation under this provision will continue for one (I) full
rem- thirteen (13) months from the date oflay-off. A person recalled within the year will not lose his
seniority, but the amount of time he is laid offwill not be credited to him for seniority, retirement and
benefit purposes.
Section 2.
When the County decides to increase the work force, laid off employees will be called back in their
order of layoff by classification, e.g., last out, first in, providing the employee can still meet the
minimumjob requirements as stated in the job description and pass a physical examination including
a drug test. An employee who is recalled within ninety (90) days of the date of his layoff will not
be required to take a physical examination and/or drug test unless the County has specific information
that makes such examination and/or test appropriate in its opinion. The employee must notify the
Personnel Department at time of layoff whether he desires to be recalled to the job classification
which he held at the time of layoff or to any available position for which he is qualified.
Section 3.
Notice to a laid off employee regarding the County's intention to recall him shall be sent by certified
mail to his last known address and by documented telephone call to his last known telephone number
as shown in his Personnel File. If an employee so notified does not apply in the Personnel
Department or give notice of his intention in writing to do so within five (5) working days of receipt
of the notice, it shall be assumed that he has resigned and all rights accrued previously shall be
forfeited. If an employee refuses in writing to accept the job offered because it is a lower paying
position than previously held, he shall not lose rights for future recall during the one (1) }un thirteen
(13) months of eligibility.
Section 4.
An employee will not forfeit his recall rights to his former position under this Article if he accepts
recall to a lower paying position or to a temporary position of less than ninety (90) days duration.
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Section 5.
An employee who is recalled to his former position within the (I) j Gal thirteen ('13) month recall
period will be paid at his rate of pay at the time of the layoff and will not be subject to the provisions
of Article 12. If an employee is recalled to a lower job classification than the one he held at the time
oflay off within the Öllv (1) jUu thirteen (13) month recall period, he will be paid at his previous rate
of pay if it is within the pay range for the new position and will serve an evaluation period as set forth
in Article 12. An employee recalled to a lower job classification will not be entitled to a pay increase
upon satisfactory completion of the evaluation period, however, his new anniversary date will be the
date he began work in the new position.
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ARTICLE 15
TRANSFERS
Section 1.
An employee may be transferred from a classification in one department to the same or equivalent
classification in another department or another division in his department provided the transfer is to
the advantage of the County and/or results in a better utilization of the education, experience or
interests of the employee. No transfer may be made without the approval of the two (2) Department
Heads, or the Department Head and two Division Managers in the case of an intra-department
transfer, involved, knowledge of the employee involved, and prior approval by the County
Administrator. The provisions of the paragraph shall not be administered as a means to discipline
employees.
Section 2.
Transfers shall be made as follows:
A. An employee may be transferred to a position within another department or another
division within his department with the same job classification and such transfer will
not change the employee's pay grade, rate of pay, aIll1iversary date or classification
date. An employee who transfers to another department or ßnother division within his
department for a promotion or lateral move at his request must 'remain in the
department or division to which he is transferring for a minimum of nine (9) months
before applying for a promotion or lateral move to another department or division
within his department.
B. An employee transferred at his own request shall serve a minimum of six (6) months
evaluation period in the new department or division, provided, however, that such
employee shall not be entitled to a pay increase at the conclusion of the evaluation
period. If, during the evaluation period, the employee is found to be unsuited for or
unqualified in the new department or division, the employee may return to his
previous position, subject to the approval of the Department Head, if a vacancy exists.
Ifhis former position is filled, a good faith effort will be made to place the employee
in a comparable position. If a vacancy does not exist, the employee will be placed in
lay-off status with recall rights pursuant to Article 14, Recall After Lay-off.
C. In no event shall an employee's transfer pursuant to this Article result in his receiving
a rate of pay which exceeds the pay range for his new position.
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Section 3.
The County Administrator may grant an employee's request to transfer to a lower paid job
classification, provided the transfer is to the advantage of the County and/or results in better
utilization of the education, experience, or interests of the employee. An employee so transferred
shall be paid at his rate of pay at the time of his transfer if it is within the pay range for the lower paid
classification. If the employee's rate of the pay at the time of his transfer exceeds the highest rate of
pay for the lower-paid classification, he will be paid at the top rate of pay for the lower paid position.
An employee transferred to a lower paid classification at his own request shall serve a minimum of
six (6) months evaluation period in the classification, provided, however, that such employees shall
not be entitled to a pay increase at the conclusion of the evaluation period. An employee who is
transferred to a lower paid position shall not be permitted to apply for a promotion to his former
classification for a period of one (1) year following the effective date of his transfer to the lower paid
classification.
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ARTICLE 16
PROMOTIONS AND VACANCIES
Section 1.
For the purposes of this Agreement, a promotion shall be defined as reclassification to a different
position with a higher pay grade.
Section 2.
In filling all vacancies in the bargaining unit, the County shall consider all of the following factors:
A. Ability to perform all essential duties in the classification.
B. Ability to meet reasonable performance standards for quality and quantity of work.
C. Length of continuous service with the department and/or County.
D. Overall work record with the County, excluding the following:
(1) Written reprimands (without a suspension) which occurred more than three (3) years
prior to the date of application for the promotion if the employee has not received any
additional discipline for a period oftwo (2) years prior to the date of such application.
(2) Suspensions which occurred more than five (5) years prior to the date of application
for the promotion if the employee has not received any additional discipline for a
period of three (3) years prior to the date of such application.
E. Prior formal education, apprenticeship programs, specialized training schools, military
assignment, job experience prior to being employed by the County, and any other relevant
qualification the individual may possess.
Section 3.
The parties agree that an employee's continuous service with the department and/or County is an
important factor when determining qualifications for filling vacancies.
Section 4.
Employees within the division where the vacancy exists shall be given first consideration subject to
their qualifications being equal to other bidders.
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Section S.
Promotional vacancies will be posted in all departments and on Union bulletin boards for at least five
(5) working days.
Section 6.
A promoted employee will serve a six (6) month evaluation period.
Section 8.
The County agrees to post management vacancies and will give bargaining unit employees
consideration in filling such vacancies.
Section 7.
Upon promotion, an employee will receive the minimum pay rate for his new position or a five
percent (5%) increase of his pay rate at the time of his promotion, whichever is greater. Upon
satisfactory completion of the evaluation period, the employee will be eligible for a five percent (5%)
pay increase, 5tlbjc.Gt tù the lc.commel1dat:Ïol1 of the Dcpalbnent Head ål1d ajJplO val of the COc1Üty
AdmÜlÏstlatol. In no event shall an employee's transfer or promotion pursuant to this Article result
in his receiving a rate of pay which exceeds the pay range for his new position.
Section 8.
An employee who is promoted to a position in another department or another division within his
department at his request must remain in that department or division for a minimum of nine (9)
months before applying for a promotion or lateral move to another department or division.
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ARTICLE 17
TEMPORARY ASSIGNMENTS
Section 1.
The COWlty shall not be prevented from temporarily assigning or appointing any employee to perform
work which would normally be done by an employee in another classification, when, in the discretion
of the COWlty, such assignment or appointment is necessary.
Section 2.
An employee temporarily assigned to perform work outside his normal classification shall suffer no
loss of pay should said temporary assignment be to a lower classification.
Section 3.
An employee who is temporarily assigned to a position in a higher classification shall be paid his
regular rate of pay for the first ten (10) consecutive calendar days. If such assignment continues
beyond ten (10) consecutive calendar days, he shall receive five percent (5%) above his regular rate
of pay or the minimum of the higher classification, whichever is greater. In the event that the County
has been notified by the employee whose position is being temporarily being filled that his absence
will extend beyond ten (10) consecutive calendar days prior to the first date of such absence or as
soon thereafter as possible in the event of illness or emergency, the COWlty shall pay the employee
temporarily assigned to fill the position at the minimum of the higher classification or five percent
(5%) above his regular rate of pay, whichever is greater, beginning on the first day of the temporary
assignment. If the temporary assignment extends beyond ten (10) consecutive calendar days, the
County shall pay the employee receiving the temporary assignment at such higher rate of pay
retroactively for the first ten (10) consecutive calendar days of the temporary assignment. This
section shall not appl y where the distinction in classification is based primarily on experience or years
of service.
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ARTICLE 18
INSURANCE
Section 1.
For the period January 1,2006 through and including December 31,200, regular full time bargaining
unit will participate in the same health insurance program and coverage, including the same rates of
employee contribution, as provided by the Board of County Commissioners to its non-bargaining unit
employees. The health insurance program shall include optional dental, prescription care and vision
plans. There will be no increase in emplovee contribution for the period January 1. 2006 through and
including: December 31. 2006 over the contribution rate for the period Januarv 1. 2005 through and
including December 3 L 2005.
Section 2.
Regular full time bargaining unit employees will continue to be eligible to participate in the County's
short term and long term disability program.
Section 3.
Regular full time bargaining unit employees will continue to be eligible to participate in the County's
life insurance program.
Section 4.
Regular full time bargaining unit employees will continue to be eligible to participate in the County's
employee assistance program (EAP).
Section 5.
Except as otherwise provided in this Agreement, the insurance coverage listed above shall be
discontinued on the date the employee's services are terminated, the day he quits or retires, or the day
he goes on any leave of absence other than Family Medical Leave Act leave, or is laid off, provided
that, subject to the approval of the insurance carrier, said coverage will continue for that period for
which the County has prepaid the premium for such employee.
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Section 6.
Eligibility, coverage and benefits under the above insurance plans are subject to the terms and
conditions, including but not limited to any waiting period or other time limits, contained in the
contracts between the County and the carrier. Any rebates or refunds of premiums paid by the
County shall accrue to the County. With reference to the insurance set forth above, the County will
continue to have the right to select carriers, to change carriers, and to be self-insured. It is further
agreed that the only liability assumed by the County under this article is to pay the premiums agreed
upon. Any claim settlement between an employee and the insurance carrier shall not be subject to
the grievance procedure.
Section 7.
Subiect to satisfying the eligibility requirements. bargaining unit members shall be entitled to
particiuate in the Retiree Health Benefit Program and Medicaid Supplement Program offered to non-
bargaining unit employees.
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ARTICLE 19
LEAVES OF ABSENCE
Section 1.
Court Leave
A. Employees attending court as a witness when instructed or ordered to attend by the County
Administrator or his designee for County business, shall receive pay at their regular rate for
the hours they attend court. This time is charged as leave with pay and such time will
considered as time worked for purpose of computing overtime.
B. Employees on jury duty shall receive pay at their regular rate for such time spent during
their normal working hours. This time will be charged as leave with pay; however, such
time will not be considered as hours worked for overtime purposes.
C. Those employees who become plaintiffs or defendants in personal litigation or as witnesses
in litigation other than that covered in Paragraph A of this Section are not eligible for court
leave with pay. In such cases, vacation leave or leave without pay may be granted upon
application by the employee and approval by the Department Head. Leave of absence without
pay will follow the provisions of Section 4 of this Article. The County recognizes that
employees who have been subpoenaed by the court must honor such subpoena.
D. Employees on County paid leave who attend court for only a portion of a regularly scheduled
work day are expected to report to their supervisor when excused or released by the court.
E. Employees required to attend court as stated in Paragraph A of this Section, who are on
scheduled vacation will either, at the employee's option and with the Department Head's
approval, 1) extend their vacation equal to such time spent attending court on behalf of an
instruction or order by the County, or 2) reschedule such time in accordance with the vacation
policy and Article 23, Vacation Leave.
F. All court attendance must be verified before an employee is compensated. Monies received
from court appearances shall be turned over to the County, except for travel pay and meal
allowance.
Section 2.
Militarv Leave
An employee may request military leave to serve on active duty in an emergency or on required
annual duty, and shall be compensated in accordance with State law, provided:
A. The employee provides his supervisor with one (l) month's notice in advance, where possible,
and copies of orders to active duty.
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B. Military leave shall not affect an employee's right to vacation or sick leave.
Section 3.
Leaves under the Familv and Medical Leave Act of 1993 (FMLA)
The FMLA establishes the rights of eligible employees to a leave of absence for up to twelve (12)
weeks in a twelve (12) month period from their employment for birth, adoption, the care of a family
member's serious health condition, or the employee's own serious health condition. It also provides
for the continuation of health insurance benefits while on leave and the return of the employee to the
same or an equivalent position at the end ofthe leave.
The parties state that it is their intention to follow and comply with the FMLA in granting leaves
where applicable. Where applicable, an employee's workman's compensation leave will be counted
in detennining the total amount ofFMLA leave used by an employee in a twelve (12) month period.
Section 4.
Leave Without Pay
A. The decision to grant a leave without pay (lease of absence) is a matter of administrative
discretion, and may only be approved by the County Administrator or his designee. Leaves
without pay must be requested by the employee at least two (2) weeks prior to the leave,
unless circumstances satisfactory to the County Administrator/designee render advance
request impossible. All leave without pay requests must be in writing, and indicate a
beginning and an ending date. No leave without pay shall extend beyond ninety (90) days.
However, all approved leaves of absence shall be granted in increments ofthirty (30) days or
less. Extensions may be granted if requested at least seven (7) days prior to the expiration of
the leave, and approved by the County Administrator or his designee. An employee must
exhaust all available vacation and/or sick leave, as appropriate, before beginning a leave
without pay.
B. The following provisions apply to leave without pay status:
1. An employee granted a leave of absence must keep the department infonned of his
current activity (school, medical, military, etc.) each time a request for extension of
the leave is made. In addition, the employee must keep the department advised of his
current address at all times. Failure to comply with these provisions shall result in the
employee being dropped from leave of absence status, in which case he must return
to duty or be discharged.
2. An employee who obtains either part-time or full-time employment elsewhere while
on an authorized leave of absence, may be discharged unless specific approval by the
County Administrator/designee is received in advance.
3. An employee granted a leave of absence shall contact the Department Head/designee
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at least two (2) weeks prior to the expiration of the leave in order to facilitate the
reinstatement process.
4. Failure to return to work at the expiration of the leave shall be considered a
resignation.
5. No sick leave or vacation shall be accrued by an employee while he is on leave
without pay.
6. An effort will be made to return the employee to the posItion and status held
immediately prior to his leave of absence. If the employee's former position is filled,
he may be transferred to a position for which he qualifies, subject to the approval of
the Department Head and the County Administrator. If no vacancy exists for which
the employee qualifies, he will be placed in a layoff status with recall rights pursuant
to Article 14, Recall After Lay-Off.
7. The employee will be responsible for the entire cost of his insurance premium while
on leave without pay.
8. Leave without pay shall not begin until after the employee has used all existing
vacation and/or sick leave_
C. Time spent on leave of absence shall not constitute a break in service. However, the time
shall not be credited toward retirement, vacation, sick leave, or toward satisfying the
evaluation period.
Section 5.
Worker's Compensation Leave
Payment of worker's compensation to employees who are disabled because of an injury arising out
of and in the course of performing their duties with the County shall be governed by the Florida
worker's compensation law.
A. Full wages will be paid for the day ofthe on-duty injury if disability results, or for that part
of the employee's scheduled hours of work for the day of the on-duty injury spent receiving
medical treatment.
B. An employee who has experienced a disability under Florida's worker's compensation law
resulting from a compensable injury may request the Department Director to approve the use
of accrued sick or vacation leave, which together with the payment of worker's compensation,
shall provide the employee with a salary equivalent to no more than his normal schedule at
his straight time rate of pay. The amount of such accrued leave granted to an employee shall
be based upon an employee receiving worker's compensation monies from the first day of
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disability.
C. Compensation for the disability will be made in accordance with the Florida worker's
compensation law.
D An employee on worker's compensation leave shall report to the County,
Administrator/designee within the Erst week of every month regarding his health status and
prognosis for recovery, unless otherwise directed by the County Administrator/designee.
E. An employee on worker's compensation leave shall make himself available for all doctor's
appointments. Such an employee shall follow the doctor's orders andJor directions, and shall
avoid any activity which may aggravate or exacerbate the illness or injury.
F. An employee returning from a worker's compensation leave must present a medical release
from his physician certifying the employee's ability to return to work without restrictions or
with restrictions acceptable to the County Administrator/designee.
G. An employee who obtains part-time or full-time employment elsewhere while on a worker's
compensation leave, may be discharged unless specific approval by the County Administrator
is received in advance.
H. An effort will be made to return the employee to the position and status held immediately
prior to his leave of absence. Ifthe employee's former position is filled, he may be transferred
to a vacant position for which he qualified, subject to the approval of the Department Head
and the County Administrator. If no vacancy exists for which the employee qualifies, he will
be placed in a lay-off status with recall rights pursuant to Article 14, Recall After Lay-Off.
1.. Failure to return to work at the expiration of the leave will be considered as a resignation.
1. As stated above in Section 3, an employee's worker's compensation leave, where applicable
under the FMLA, shall be included in determining the total amount of FMLA leave used by
an employee during a twelve (12) month period.
Section 6.
Funeral Leave
In cases of the death of an employee's mother, father, foster parents, stepmother, stepfather,
grandparents, great-grandparents, grandparents-in-Iaw, step grandparents, sister, brother, stepbrother,
stepsister, wife, husband, son, daughter, stepchildren, foster children, grandchildren, mother-in-law,
or father-in-law, the employee will be allowed a maximum ofthree (3) days paid leave to attend the
funeral if held within the State of Florida, or five (5) days paid leave to attend the funeral if held
outside of the State of Florida. Funeral leave will be paid at the rate of eight (8) hours per day. The
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employee will give his supervisor and Department as much notice as possible prior to such leave.
Funeral leave must be approved by the Department Head. Such approval shall not be unreasonably
withheld.
Section 7.
Chan!!:e in Employee's Health Status
In order for the County to provide a safe and healthy work place, employees shall immediately infonn
the County of any possible change in physical or mental condition resulting from illness, injury,
disability, or pregnancy. If, at any time, the County questions the ability of the employee to perfonn
his job in a safe and satisfactory manner, the County may request that the employee submit to the
County a statement by a physician ofthe County's choice that the employee is physically and mentally
able to perfonn all of the duties that thejob requires in amarmer that does not interfere with the safety
or health of the employee or any other person. If the physician does not so certify, then the County
may place the employee on a leave of absence in accordance with the Sick Leave or Leave Without
Pay Policy. Except as otherwise required by law, the County shall not be required to return to work
an employee recovering from a non-employment related illness or injury pending receipt of a written
statement from his treating physician releasing him to full duty for his position.
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ARTICLE 20
P AID SICK LEAVE
Section 1.
Full-time employees who have completed their evaluation period shall accrue eight (8) hours of sick
leave for each month of service. Part-time employees who have completed their evaluation period
shall accrue on pro-rata basis based upon the actual number of hours worked. A part -time employee
shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly
budgeted position. Temporary employees shall not be eligible for paid sick leave. There will be
no maximum on the amount of sick leave an employee may accumulate. For overtime purposes, sick
leave will not be considered as time worked.
Section 2.
Sick leave shall be considered a privilege which will be allowed only in cases of personal illness or
disability, including pregnancy, scheduled doctor or dentist appointments, or in the case of illness
within the immediate family.
Section 3.
In order to be granted sick leave with pay, an employee must notify his department as indicated by
written departmental policies which are posted or otherwise distributed to employees.
Section 4.
The County may require medical certification of an employee's absence signed by a physician stating
the kind and nature of sickness or injury if such absence exceeds three (3) working days, or if the
County feels that the employee has abused the provisions of this article. Use of sick leave when
physically fit for duty may result in discharge of the employee.
Section 5.
When an employee's accumulated sick leave is not sufficient to cover an illness or injury, the
employee shall use his vacation leave to help cover time needed for absence from work due to the
illness or injury.
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Section 6.
All employees eligible for paid sick leave shall be entitled to tenninal "incentive pay" for
accumulated and unused sick leave to be paid to each employee upon nonnal or regular retirement,
or tennination or resignation, other than termination for just cause, after six (6) years of creditable
and continuous service with St. Lucie County, and to the beneficiary if service is terminated by death,
after six (6) years of creditable and continuous service. The payment shall be determined by using
the rate of pay received by the employee at the time of retirement, termination, resignation, or death
based upon the following schedule:
6 -10 years
10 years or more
Not to exceed 240 hours
Not to exceed 480 hours
This payment shall not be considered in any state retirement system as salary payments, and shall not
be used in detennining the average final compensation of any employee or any state administered
retirement plan. Except for employees on Family Medical Leave, accnted sick leave shall not be
used to determine the date oftennination.
Section 7.
Pursuant to Section 1-2-16, St. Lucie County Code of Ordinances and Compiled Laws, any employee
found guilty in a court of competent jurisdiction of committing, aiding, or abetting an embezzlement
or theft from his employer, or of bribery in connection with employment, committed prior to
retirement or creditable termination as provided in Subsection 1-2-16(b) , whose employment is
tenninated by reason of his admitted committing, aiding, or abetting of an embezzlement or theft from
the County or by reason of bribery or for cause, or who prior to a creditable termination or retirement
as provided in Subsection 1-2-16(b), is adjudged by a court of competent jurisdiction to have violated
any state law against strikes by public employees shall forfeit all rights and benefits under this section.
An employee whose employment tenninates as a result of an act committed subject to this section or
for cause will not be given credit for unused sick leave accumulated prior to termination should the
employee be reemployed at a later date.
Section 8.
All bargaining unit employees shall be eligible to participate in the Shared Sick Leave Program
offered to non-bargaining unit employees.
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ARTICLE 21
SICK LEAVE INCENTIVE
Section 1.
The employees covered by the Agreement and the Union recognize their obligation to prevent
unnecessary absences or other abuses of sick leave privileges. As an incentive for not abusing the
sick leave policy, employees may earn extra credit for a vacation in the following manner. Employees
who have been employed by St. Lucie County for a minimum of two (2) consecutive years and have
unused sick time available, will be entitled to extra paid vacation days as listed in the table below:
120 hours
240 hours
360 hours
480 hours =
600 hours
720 hours
840 hours =
960 hours =
1080 hours =
1200 hours =
one (1) extra vacation day
two (2) extra vacation days
three (3) extra vacation days
four (4) extra vacation days
five (5) extra vacation days
six (6) extra vacation days
seven (7) extra vacation days
eight (8) extra vacation days
nine (9) extra vacation days
ten (10) extra vacation days
Extra vacation days are limited to a maximum of ten (10) regardless of the amount of sick time that
the employee may accumulate over 1200 hours.
Section 2.
As additional vacation days are taken, they will be deducted from the employee's sick leave
accumulation. For the purpose of this Article, a vacation day is considered to be either eight (8) or
ten (10) hours depending on the employee's normally scheduled work day, except for part-time
employee who will have their time pro-rated. For the purposes of overtime, incentive vacation days
will not be considered as time worked. Incentive vacation days must be taken in eight (8) hour or ten
(10) hour increments depending on the employee's normally scheduled work day, except for part-time
employees whose time will be pro-rated.
Section 3.
Employee eligibility will be calculated annually as of September 30th each year. Employees will be
notified of all incentive vacation days for which they are eligible. Employees must take this time
during the following fiscal year ending September 30 or their extra vacation days will be forfeited.
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Section 4.
Subject to the approval of the Department Head and the County Administrator, employees may
receive pay in lieu of a vacation day(s). Employee will receive eight (8) hours of pay even if their
normally scheduled workday exceeds eight (8) hours, except for part-time employee who will have
their pay pro-rated. The hours equal to the pay received will be deducted from the employee's
accumulated sick leave.
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ARTICLE 22
HOLIDAYS
Section 1.
The following holidays are observed by regular full time employees:
New Years Day (January 1st)
Martin Luther King, Jr.'s Birthday (3rd Monday in January)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans Day (November 11th)
Thanksgiving Day (4th Thursday in November)
Friday after Thanksgiving
Christmas Eve (December 24th)
Christmas Day (December 25th)
Two (2) Floating HolidaYâ
Section 2.
Holidays may be granted at the regular, straight time rate of pay to all eligible employees regularly
scheduled to work such days, provided that an employee may be required to work on a holiday if
necessary to maintain essential services to the public. The County Administrator shall determine
when any department or operation will not be closed in observance of a holiday.
Section 3.
When a holiday falls on a Saturday, the preceding Friday will be designated as substitute holiday and
observed as the official holiday for that year. When a holiday falls on a Sunday, the following
Monday will be designated a substitute holiday and observed as the official holiday.
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Section 4.
When a holiday is observed on a day on which an employee is normally scheduled to work, the
employee will receive holiday pay for the number of hours the employee would have been normally
scheduled to work that day; i.e. if the employee is regularly scheduled to work a ten (10) hour day,
the employee will receive ten (10) hours of pay for the holiday; ifthe employee is regularly scheduled
to work an eight (8) hour day, the employee will receive eight (8) hours of pay for the holiday. If the
holiday is observed on a day on which the employee is not scheduled to work, the employee's holiday
will be counted as the first day he would normally be scheduled to work following the date the
holiday is observed as indicated above; i.e. if an employee normally works a four (4) day week, ten
(10) hours a day schedule Wednesday through Saturday, and a holiday is observed on a Monday, the
employee will receive Wednesday off with ten (10) hours pay. If the employee's Department
Head/Designee determines, however, that the needs of the department will not permit the employee
to have a holiday off, a non-exempt full-time employee will be paid at a rate of one and one-half (1
'li) times his regular hourly rate for all time actually worked on an observed or substitute holiday. A
part-time employee who is scheduled to work on a holiday will be paid at his regular rate of pay for
all time actually worked on an observed or substitute holiday. A part-time employee who works on
an observed or substitute holiday will be entitled to take another day off during that pay period as his
holiday and will be paid his regular rate of pay for the number of hours the employee would have been
normally scheduled to work that day. A part-time employee shall be defined as one who fills a part-
time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall
not be eligible for paid holiday leave.
Section S.
A. An employee must work or be on active pay status, on the regularly scheduled working day
immediately prior to a holiday or designated substitute holiday and the regularly scheduled
working day immediately following a holiday or designated substitute holiday in order to
qualifY for holiday pay. For purposes of this Agreement, active "pay status" shall refer to
periods of time during which an employee is being paid for work performed or period of time
during which an employee is being paid for approved leave time such as paid sick leave, paid
vacation, paid court time, and while on paid military leave.
B. For purposes of computing over-time payments, holidays shall not be counted as time worked.
Section 6.
A. When a holiday falls on an employee's regularly scheduled workday during the employee's
vacation period, that day will not be charged as a vacation day.
B. When a holiday falls within a period of leave of absence without pay, the employee shall not
be paid for the holiday.
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Section 7.
As set forth above in Section I, each eligible employee shall be entitled to ~ two (2) Floating
Holidays per fiscal year (October I - September 30). A Floating Holiday shall be equal to an
employee's regularly scheduled work day; i.e., the Floating Holiday for an employee who is regularly
scheduled to work an eight (8) hour day will be eight (8) hours. Except in the event of an emergency,
an employee must request his Floating Holiday at least seven (7) calendar days in advance. Approval
of the request shall be subject to the department's operational needs. If an employee does not use his
Floating HolidaYâ prior to the end of the fiscal year, he may not carry it them forward into the next
fiscal year.
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ARTICLE 23
VACATION LEAVE
Section 1.
Eli~ibilitv and Rate of Accrual
Eligible employees shall accrue vacation leave with pay as set forth in this Article. Vacation leave
shall be earned on an hourly basis based on an eighty (80) hour biweekly pay period. A part-time
employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly
budgeted position. Temporary employees shall not be eligible for paid vacation leave.
A. The basic vacation leave for all full-time employees with less than five (5) years continuous
service shall be computed at the rate of ten (10) days per year, accrued biweekly at the rate
on.08 hours limited to a cap of 160 vacation hours. The basic vacation leave for all part-time
employees with less than five (5) years continuous service shall be computed on a pro-rata
basis based upon the actual number of hours worked..
B. The basic vacation leave for all full-time employees with five (5) to ten (10) years of
continuous service shall be computed at the rate of fifteen (15) days [one hundred twenty
(120) hours] days per year, accrued biweekly at the rate of 4.62 hours and limited to a cap of
240 vacation hours. The basic vacation leave for all part-time employees with five (5) to ten
(10) years of continuous service shall be computed on a pro-rata basis based upon the actual
number of hours worked.
C. The basic vacation leave for all full-time employees with eleven (11) to twenty (20) years of
continuous service shall be computed at the rate of twenty (20) days [one hundred sixty (160)
hours] per year. The basic vacation leave for all part-time employees with eleven (11) to
twenty (20) years of continuous service shall be computed on a pro-rata basis based upon the
actual number of hours worked.
D. The basic vacation leave for all full-time employees with twenty-one (21) to twenty-five (25)
years of continuous service shall be computed at the rate of one additional day per year as
follows:
1. Twenty-one (21) years of eligible service - Twenty-one (21) vacation days
each year, accrued biweekly at the rate of 6.46 hours and limited to a cap of
335 hours.
2. Twenty-two (22) years of eligible service - Twenty-two (22) vacation days
each year, accrued biweekly a the rate of 6.78 hours and limited to a cap of
352 hours.
3. Twenty-three (23) years of eligible service - Twenty-three (23) vacation days
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each year, accrued biweekly at the rate of 6.78 hours and limited to a cap of
368 hours.
4. Twenty-four (24) years of eligible service - Twenty-four (24) vacation days
each year, accrued biweekly at the rate of 7.40 hours and limited to a cap of
384 hours.
5. Twenty-five (25) and up years of eligible service - Twenty-five (25) vacation
days each year, accrued biweekly at the rate of7.70 hours and limited to a cap
of 400 hours.
The basic vacation leave for all part-time employees with twenty-one (21) to twenty-five (25)
years of continuous service shall be computed on a pro-rata basis based upon the actual
number of hours worked.
Section 2.
Chan:inl: Leave
A. Vacation leave may be used as it is earned after completion of six (6) months of service or
may be used within twenty-four (24) months from date earned. Any vacation leave not used
within twenty-four (24) months from date earned will be considered forfeited and lost, except
that when an employee has been denied use ofleave because of the needs of the County, the
County Administrator may extend the period during which the leave may be used.
B. Vacation leave shall be charged in OIiG liOUl fifteen minute minimum increments.
C. For purposes of determining overtime payments, vacation hours shall not be counted as time
worked.
D. Vacation pay will be at the employee's basic hourly rate of pay.
E. Vacation leave shall be used for sick leave in the event accumulated sick leave is not
sufficient to cover length of illness or injury.
Section 3.
Request for Leave
A. Except in the event of an emergency or as provided above in Subsection 2.E, an employee
shall request vacation leave a minimum of twenty-four (24) hours or a period equal to twice
the amount of leave requested, whichever is greater, prior to the start of the leave. Vacation
leave may be taken only after approval by the employee's Division Manager or his designee.
In the event an employee must be absent due to an emergency, he shall notify his department,
division office or supervisor, as set forth in the department's attendance policies, as soon as
possible.
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B Vacation assignments will be made in accordance with the preference ofthe employee if and
when, in the opinion of the employee's supervisor, service requirements will permit. If two
(2) or more employees request the same vacation time, and the supervisor in his discretion
cannot grant all requests, the request of the employee with the most County-wide seniority as
defined in Article 13, Section 5.E. will be granted, provided he has made his request at least
sixty (60) days in advance. Otherwise, the first request received will be granted.
C. In the event an employee wishes to take more than his creditable vacation leave, the employee
mayor may not at the discretion of the Department Head/designee, be granted extra leave
without pay.
Section 4.
Payment for Unused Vacation Leave
Employees who have completed six (6) months or more service shall, upon leaving the service in
good standing, be paid for accrued vacation leave. Any accumulated vacation leave will be paid on
the last regular check an employee receives, provided the Finance Department is informed of the
termination in time to include it on the last regular check and the termination is not for misconduct.
If the Finance Department does not receive the information in time and the termination is not for
misconduct, payment for accumulated vacation leave will be made at the end ofthe next pay period.
Vacation leave shall not be used to determine the date of termination.
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ARTICLE 24
DUES CHECK-OFF
Section 1.
Employees who wish to join the Union and have their dues deducted through the payroll system may
authorize the County to make such deductions by using the Union's authorization form. This
authorization shall remain in effect until such time as the County has received written notice of
revocation of this authorization from the employee. Any employee who notifies the County that he
wishes to revoke his dues deduction shall cease to be subject to dues deduction beginning thirty (30)
days after the County's receipt of written notice of such revocation. The County's receipt of a written
revocation of authorization from an employee shall be sufficient authorization to cease deductions
and the County shall incur no liability to the Union in the event the Union does not receive its written
notice from the employee. Employees wishing to revoke membership will be advised of the
requirement to notify the Union.
Section 2.
The Union agrees to indemnify and hold the County harmless against any and all claims, suits, orders,
or judgments brought or issued against the County as a result of any action taken by the County under
the provisions of this Article.
Section 3.
No deductions shall be made from the pay of any employee for any payroll period in which the
employee's net earnings for that payroll period, after other deductions, are less than the amount of
dues to be checked off.
Section 4.
The Union will send an invoice to the County between the 15th and 20th of each month. The amount
of dues owed will be the amount determined by using the Union's formula as calculated by the
County's computation program.
The County shall deduct one-half of the amount calculated from the first two (2) paychecks each
month, unless the employee has revoked the authorization. The County shall forward the total
amounts withheld and a copy of the Union's invoice to the official and address designated by the
Union within ten (10) working days of the second deduction.
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ARTICLE 25
UNION ACTIVITIES
Section 1.
The County recognizes the right of the Union to appoint or elect Stewards. The number of Stewards
shall be no more than as follows:
Airport 1
Central Services 2
Parks and Recreation 3
Mosquito Control 1
Public Safety 1
Public Works 3- 2-
Solid Waste 1
In addition, the Union may designate one of the above names positions as Chief Steward. The Union
shall notify the County Administrator, in writing, of the names of the Chief Steward and Stewards
and the areas they are representing at least three (3) days before they assume duty. If such notice has
not been given, the County has no duty to recognize the Stewards.
Section 2.
Stewards shall not spend time on Union business during working hours. Except as otherwise
provided herein, any time spent by the Stewards or employees, processing or participating in the
grievance procedure shall be non-compensable. Notwithstanding the above, when appropriate and
in order to facilitate the scheduling of meetings with the County and resolution of grievances, the
County Administrator, in his sole discretion, may grant time off with pay to a Steward to attend
grievance meetings with the County.
Section 3.
Non-employee Union representatives shall be certified, in writing by the Union, to the County
Administrator. A non-employee Union representative shall first make his presence known to the
County Administrator, or his designee in the County Administrator's absence, at the County
Administrator's office, upon entering County premises, and before entering any other County premises
or office. No Union representative shall conduct any Union business on County property without
receiving the permission of the County Administrator, and no Union representative shall contact any
employee during the employee's working hours. In addition to the above, the Union representative
shall comply with all applicable rules and regulations of the County concerning visitors.
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Section 4,
The Union agrees that, during the term of this Agreement, its non-employee representatives and
Stewards shall deal only with the County Administrator or his designee in matters subject to
discussion in this Agreement. This does not prohibit a Steward from addressing the concerns of
individual employees with a Supervisor or Department Head. However, no agreements reached with
any member of management other than the County Administrator or his designee shall be binding on
the County.
Section 5.
No Union member, agent or representative of the Union, or any person acting on the behalf of the
Union may solicit County employees during the working hours of any employee who is involved in
the solicitation, nor distribute literature during working hours in areas where the actual work of
County employees is performed.
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ARTICLE 26
GRIEVANCE PROCEDURE
Section 1.
A grievance is defined as an alleged violation of a specific provision ofthis Agreement or a belief by
the employee that he has been unjustly disciplined or discharged in a manner inconsistent with the
Code of Workplace Conduct for all County employees during the term of the Agreement. Such
discipline or discharge notices shall be in writing.
Section 2.
This formal grievance procedure is not intended to foreclose or prevent an employee ÍÌ'om informally
discussing any matter with a supervisor. Such an informal discussion will not be classified as a
grievance under this Article. The following procedure shall be followed in presenting a grievance to
the County:
Submission of Grievance. If an employee feels he has a grievance as defined above, he
shall, within five (5) working days after the employee had knowledge, or reasonably should have had
knowledge of its occurrence, present the grievance in writing to his Division Manager, Department
Head, or the Personnel Coordinator/designee, or the grievance shall be considered waived. The
written grievance shall name the employee involved, shall contain a complete and detailed statement
of the facts giving rise to the grievance (including the date of occurrence and other employees
involved), shall specifically identify all of the provisions of this Agreement alleged to be violated, and
shall be signed and dated by the employee and a Union steward or Business Representative. In the
event the grievance does not contain a complete and detailed statement of the facts giving rise to the
grievance (including the date of occurrence and other employees involved), the County may return
the grievance to the Union Business Representative with the deficiencies noted. If the Union chooses
to pursue the grievance, the Union Business Representative shall return the properly completed
grievance to the County Employee and Labor Relations Manager within ten (10) working days of his
receipt of the grievance from the County. If the Business Representative does not return the
completed grievance within the ten (10) working days, the grievance will be considered withdrawn.
Step One. Within five (5) working days from the County's receipt of a completed
grievance as provided above, the Union Business Representative and the County Employee and Labor
Relations Manager will schedule a date for the Step One meeting. The meeting will be held between
the Department Head/designee, Human Relations Director and/or Employee and Labor Relations
Manager, the grieving employee and jf tk c.mployc.e requests, a Union Steward and/or the Union
Business Representative. Representatives 0 f the Co unty Attorney and the U ni on's attorney may also
attend the meeting. The County will submit the Department Head/designee's written answer to the
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Union Business Representative within ten (10) working days after date of the meeting. If the
grievance is not satisfactorily adjusted or an answer is not given within the time limits, the Union or
employee, if not represented by the Union, may submit the grievance for review under Step Two.
Such notice shall be submitted to the Personnel Coordinator/designee. In discharge cases, the
employee may skip Step One and initiate his grievance at Step Two, so long as he does so within five
(5) working days after the discharge and follows the other requirements of Step Two.
Step Two. Ifwithin ten (10) working days after the service of the answer in Step One;-the
answer is not accepted by the grievant or the Union, the Union Business Representative shall contact
the Human Resources Director to schedule a Step Two meeting. Ifthe grievance is not submitted for
review under Step Two within the time limits stated above, it shall be considered settled and waived.
The meeting will be held between the grieving employee, the County Administrator/designee, Human
Resources Director and/or Emplovee and Labor Relations Manager, a Union steward and the Union
Business Representative. Representatives of the County Attorney and the Union's attorney may also
attend the meeting. The County Administrator or his designee will submit the County's answer to the
grievance to the Union Business Representative within ten (10) working days following the meeting.
Section 3.
The time limits set forth in this Article may be extended by the joint written consent of the County
and the Union or the employee if he is representing himself. For computing working days in this
Article, working days shall be defined as Monday through Friday excluding observed holidays. If a
deadline under this Article falls on a Saturday, Sunday, or observed holiday, the deadline will be
extended to the next working day.
Section 4.
Only individual grievances may be filed and the County need not consider group or multiple
grievances. A class grievance, however, may be considered by the County and resolved as if one
grievance. A class grievance shall be defined as a dispute which concerns two (2) or more employees
within the bargaining unit arising out of the same set offacts and circumstances and alleging the same
violation of a specific provision of this Agreement.
Section 5.
Any grievance not advanced to the next step by the grievant within the time limit in that step shall be
deemed abandoned. Ifthe County fails to meet the time limits established for scheduling Step One
meetings and providing grievance answers, without mutual agreement to extend such time limits, the
grievance shall automatically advance to the next step in the grievance procedure.
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Section 6,
The grievant shall be present at each step of the grievance procedure. The grievance procedure may
be used by both Union members and non-members, however, the Union is not obligated to represent
non-members. The grievant shall have the right to present his own grievance to the designated
representative of the employer and to have such grievance adjusted without the intervention of the
Union, so long as the adjustment is not inconsistent with the terms of the collective bargaining
agreement and if the Union has been given reasonable opportunity to be present at any meeting called
for the resolution of such grievance. The County shall submit the written response to both the
grieving employee and the Union Business Representative.
Section 7.
A grievance which has been processed in accordance with the grievance procedure, but which has not
been settled in Step Two, may be submitted to arbitration subject to the requirements of Article 27,
Arbitration.
Section 8
All discipline and discharge notices shall be filed in a grievance file maintained in the Personnel
Department until the grievance has been resolved. A notice that there is a matter relating to the
employee in a current grievance file may be placed in the employee's personnel file pending resolution
of the grievance. If the grievance is resolved in favor of the employee, the notice of the pending
grievance shall be transferred to the grievance file. If the discipline or discharge is upheld, the
discipline or discharge notice shall be placed in the employee's personnel file. If a grievance is not
filed within five (5) days after the date the employee receives the discipline or discharge notice, the
notice shall be removed from the grievance file and placed in the employee's personnel file.
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ARTICLE 27
ARBITRATION
Section 1.
A grievance which has been processed in accordance with the grievance procedure, but which has not
been settled in Step Two, may be submitted by the Union to arbitration. An individual may only take
a grievance to arbitration if the Union declines to represent him in the arbitration process because he
is not a member. The request to arbitrate must be given in writing to the County Administrator, in
accordance with Article 3, Correspondence, within seven (7) calendar days following the answer, or
the expiration of the time for such answer in Step Two. If such notice is not received as herein set
forth, such grievance shall not be subject to arbitration. Except by mutual written agreement ofthe
Union and the County, an arbitration hearing shall be limited to a single grievance. In no event shall
arbitration be available subsequent to the expiration of this Agreement, provided, however, that a
grievance made arbitrable by a specific provision of this Agreement which is in process when this
Agreement expires may continue to be processed through the grievance procedure and submitted to
arbitration pursuant to this article.
Section 2.
The parties shall jointly furnish to the arbitrator a written submission of the issue or issues to be
decided. Ifthe parties after reasonable consultation are unable to agree upon such a submission, each
party may file its version of the issue or issues to be decided, and based thereon, the arbitrator shall
determine the scope of the issue(s), but in no case shall the issue be broader or extend beyond the
issue presented in the original written grievance.
Section 3.
The decision of the Arbitrator must be within the scope of his authority, as set forth herein.
A. The arbitrator shall confine himself to the facts developed at the hearing and which
are directly related to the matter at issue.
B. The arbitrator's decision shall be based on the specific language of the Agreement.
The arbitrator shall not have the power to add to, subtract from, disregard, or modify any terms or
conditions of this Agreement.
C. In making his ruling, the arbitrator shall have due regard for the essential and proper
rights and responsibilities of management and shall not interpret this Agreement so as to further
restrict or limit those rights and responsibilities.
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D. The arbitrator's decision shall not infringe upon the collective bargaining process.
E. If the arbitrator finds he lacks authority to rule on the grievance, the matter shall be
referred back to the parties without decision or recommendation.
Section 4.
If the parties are unable to agree to a neutral arbitrator within five (5) days from the date the request
to arbitrate is received, either party may request the Federal Mediation and Conciliation Service to
submit a list of seven (7) arbitrators, fTom which to select the arbitrator. The parties shall alternately
strike names from the list, with the person requesting arbitration striking first; and, this process shall
be repeated until only one (1) name remains. The person whose name remains on the list shall be the
arbitrator. Should either party fail to make its strikes in the proper sequence within thirty (30) days
following receipt of the panel, the other party may select the arbitrator from the names remaining on
the panel. Ifno name on the first list supplied by the Service is acceptable to a party, that party may
request a second list, provided that before making any strike from the first list, it notifies the other
party, in writing, and provided that the request for second list is made no more than ten (10) days
following receipt of the first list. No additional lists may be sought after the second list without
mutual agreement of the parties.
Section 5.
The arbitrator so selected shall hear all of the evidence to be presented by both parties and shall render
his decision, in writing, thirty (30) days from the date of the hearing. His decision shall be final and
binding upon the County, the Union, and the affected employee. If a decision of the arbitrator
provides for retroactivity, it is agreed that retroactivity may not extend back beyond the date that is
used for determining whether a grievance is timely filed as defined in Article 26, Section 2, Grievance
Procedure. All claims for back wages shall be limited to the amount of wages that the employee
would otherwise have earned, less any compensation that he may have received from any source
during the period of the back pay, exclusive of any collateral source of compensation being earned
prior to the date the alleged grievance occurred. No decision in anyone case shall require a
retroactive wage adjustment in any other case.
Section 6.
The fees and expenses of the arbitrator shall be shared and paid equally by the parties to this
Agreement. All other expenses of preparing and presenting its case, including payment of wages for
employees while attending the hearing, shall be borne by the party incurring them or making the
request. Should either party cause a transcript to be taken, the party requesting the transcript will pay
the full cost of the transcript, but shall not be required to furnish a copy to the other party. If both
parties request a transcript, the cost shall be equally divided between the parties.
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Section 7.
Unless otherwise agreed, the arbitration hearing will be held in St. Lucie County or in the vicinity.
Section 8.
In the event of any breach of the provisions of the Continuity of Operations article hereof, the
Employer may avail itself of any remedy through appropriate Courts or goverrunental agencies for
redress of that breach without regard to the grievance and arbitration provisions hereof.
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ARTICLE 28
CONTINUITY OF OPERA nONS
Section 1.
The Union agrees that there will be no strikes as defined in Section 2 herein and such activity shall
constitute a breach of contract. The term includes not only activities directed against the County, but
action done in support of or sympathy with other employees or unions. The Union supports the
County fully in maintaining normal operations. It is recognized by the parties that the County is
responsible for and engaged in activities which are the basis of the health and welfare ofthe citizens,
that any violation of this Article could give rise to irreparable damage to the County and to the public
at large. Accordingly, it is understood and agreed that in the event of any violation of this Article,
the County shall be entitled to seek immediate injunctive relief as well as any other relief it is
entitled to under law. The County agrees not to engage in a lockout during the term of this
Agreement.
Section 2.
The term "strike" shall mean the concerted failure of employees to report for duty; the concerted
absence of employees from their positions, the concerted stoppage of work by employees; the
concerted submission of resignations by employees; the concerted abstinence in whole or in part by
any group of employees from the full and faithful performance of the duties of employment with a
public employer for the purpose of inducing, influencing, condoning, or coercing a change in the
terms and conditions of employment or the rights, privileges, or obligations of public employment,
or participating in a deliberate and concerted course of conduct which adversely affects the services
of the public employer; the concerted failure of employees to report for work after the expiration of
a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term "strike"
shall also mean any overt preparation, including, but not limited to the establishment of strike funds
with regard to the above listed activities.
Section 3.
It is agreed that any violation of this Article shall be grounds for discipline including discharge and
shall not be grievable except to determine if the violation did in tàct occur.
Section 4.
The Union agrees that in the event of any strike, as defined in Section 2, a responsible official of the
Union shall promptly and publicly disavow such strike and order the employees engaged in such
activity to return to work.
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ARTICLE 29
SUBCONTRACTING
Section 1.
Subcontracting shall mean for the purpose of this Agreement, work which will be contracted out by
the County to another agency, persons, company, group, etc., which results in the direct displacement
(lay-off) of bargaining unit employees.
Section 2.
The County reserve the right to subcontract work. Should subcontracting occur which will result in
regular bargaining unit employees currently on the payroll being laid off, the County agrees to notifY
the Union when the request to subcontract is put on the County Commission agenda. The Union
reserves the right to appear before the County Commission and express its position to the County
Commission for consideration at the time the Commission considers the subcontracting agenda item.
If employees are laid off due to subcontracting, they shall have the rights provided under Article 13,
Section 5, Separations, Reduction in Force.
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ARTICLE 30
BULLETIN BOARDS
Section 1.
The County will furnish space for the Union to place one bulletin board at each location where the
County has an official bulletin board.
The Department Head will approve the exact location for placement of the bulletin board within his
facility, except that the County Administrator or his designee shall approve placement in the
Administration Building. Union bulletin boards may be no larger than 20 inches by 30 inches.
Section 2.
All notices placed on such bulletin boards shall relate solely to official Union business. Notices
posted shall not contain derogatory, defamatory, inflammatory, or untrue statements about the County
or any of its officials. Bulletin boards shall not be used to communicate with the general public, to
distribute political matter, or for advertising. All notices shall clearly state that they are "Teamster
Notices" and shall be signed and dated by the Union Business Representative or Chief Steward who
will accept full responsibility for their content.
Section 3.
The Union Stewards shall check all bulletin boards at reasonable intervals to insure that no
unauthorized materials have been posted. If unauthorized materials have been posted or ifthe Union
Chief Steward has been notified that bulletin boards contain unauthorized materials, the Union Chief
Steward shall cause such unauthorized materials to be removed immediately.
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ARTICLE 31
UNIFORMS
Section 1.
The County will furnish to employees required to wear a uniform set comprised of a collared shirt
and/or t-shirt a pair of pants and/or shorts for each day the employee is regularly scheduled to work
in a workweek. Each department shall determine the type of uniform( s) appropriate for its employees.
It is understood that such uniforms are not to be worn except while employees are on the job and
while traveling to and trom the job each work day. Employees shall be responsible for laundering
the uniform, except for certain positions designated by the County. Employees shall wear no hats or
caps except those furnished by the County, and employees are encouraged to wear such cap or hat
when working outside. Except as provided herein, the County is not required to replace caps or hats
more than twice during a fiscal year. Uniforms and/or hats which are damaged to the point of being
unwearable due to normal laundering and/or normal wear and tear may be replaced by the County at
the request of the employee upon returning the damaged article to the County.
Section 2.
Any employee who is supplied uniforms shall be required to wear such uniform while working. Any
such employee who reports to work not wearing a uniform shall be sent home without pay and shall
not be permitted to work until he returns to work wearing his prescribed uniform.
Section 3.
Tools and equipment which are normally supplied by the County will be used properly and carefully
by the employees who require them in the work. It is the responsibility of the employee to use and
secure such tools and equipment in such a manner as to minimize the potential for loss or theft.
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ARTICLE 32
WAGES
Section 1.
Except as otherwise provided below, each bargaining unit employee, including those employees in
an evaluation period as the result of a promotion, shall receive a three percent (3%) increase in his
regular rate of pay effective October 2. 2005. If an employee is at the top of the pay range for his
position or the increase will exceed the top of the pay range for his position, he will receive the full
amount of the increase, but the pay range for his position will not be affected as a result of his
increase. Employees who are in their initial evaluation period ("new hires") shall not be eligible for
such three percent (3%) increase.
Section 2.
Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent
(5%) wage increase or the bottom of the pay range for the new position, whichever is greater.
Section 3.
Except as otherwise provided in Article 15 (Transfers) and Article 16 (Promotions), upon satisfactory
completion of the evaluation period, an employee shall receive a five percent (5%) wage increase,
effective with the first payroll period after completion of the evaluation period.
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ARTICLE 33
RETIREMENT
The County will continue to maintain its participation in the Florida Retirement System for all
employees covered under this Agreement as provided by Florida Statute and Florida Administrative
Code.
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ARTICLE 34
PRINTING AGREEMENT
This Agreement shall be printed within a reasonable time by the County. The County shall provide
to the Union 165 copies and the Union will be responsible for any additional requests for copies.
Each employee coming within the scope of this Agreement shall be entitled to receive one copy from
the Union upon request.
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ARTICLE 3S
GENERAL
Section 1.
Masculine pronouns used herein shall refer to men or women or both. The use of masculine job
classification titles shall be construed as including both genders.
Section 2.
Members of management will not be regularly assigned the same work as that regularly performed
by members of the bargaining unit. Further, this does not limit management from regularly
performing such work which is incidental to their managerial responsibility. This provision shall not
apply to actual or declared emergencies.
Section 3.
Unless otherwise stated in this Agreement, references to "days" shall mean calendar days and not
work days.
Section 4,
The term "Department Head" as used in this Agreement is defined as the level of administrator in the
employee's department or division who reports directly to the County Administrator.
Section 5.
The parties acknowledge that during the negotiations which resulted in this Agreement, each had
unlimited right to make demands and proposals with respect to any subject or matter not removed by
law from the area of collective bargaining. They, therefore, each voluntarily and unqualifiedly waive
the right for the term of this Agreement to bargain collectively with respect to any matter referred
to or covered in this Agreement, or with respect to any subject or matter not specifically referred to
or covered by this Agreement. This Agreement represents the entire agreement between the parties
and no other agreements or practices are binding upon either party hereto with respect to wages,
hours, or working conditions of the employees covered hereby. The County shall not be obligated
to continue any benefits or employee practices which is has given or engaged in prior to the execution
of this Agreement unless such benefits or practices are specifically set forth in this Agreement, and
past practices of the County will not be considered in interpreting this Agreement.
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Section 6.
It is further understood and agreed that neither party hereto has been induced to enter into this
Agreement by any representations or promises made by the other which are not expressly set forth
therein and that this document correctly sets forth the effect of all preliminary negotiations,
understandings and agreements and supersedes any previous agreement, whether written or verbal.
This Agreement constitutes the entire agreement and understanding between the parties and shall not
be modified, altered, changed or amended in any respect except on mutual agreement set forth in
writing and signed by both parties.
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ARTICLE 36
SAVINGS CLAUSE
If any article, section, or provision of this Agreement should be found invalid, illegal or not
enforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all
other articles and sections of this Agreement shall remain in full force and etlect for the duration of
this Agreement. If such action occurs, the County and the Union shall meet within thirty (30) days
for the purpose of negotiating a mutually satisfactory replacement for such provision.
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ARTICLE 37
DURATION OF AGREEMENT
Except as otherwise provided in Article 32, the provisions of this Agreement shall be effective as of
October 1,2005 and shall continue and remain in effect through Sel(tember 30, 2006.
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ARTICLE 38
DISCIPLINE AND DISCHARGE
Except as otherwise provided in Article 12 (Evaluation Period). no employee covered bv this
Agreement shall be discharged or disciplined without just cause. All notices of discipline and
discharge shall be in writing and signed bv the applicable Department Head or his designee. An
original of the disciplinary notice shall be presented to the employee who shall acknowledge in
writing that he has received the notice. Notice ofthe disciplinary action shall recite with oarticularitv
the action being taken and the reasons for the action. The Human Resources Department shall
provide a copy of the disciplinarv notice to the Union. Subiect to the provisions of Article 12
(Evaluation Period) and Article 26 (Grievance Procedure), the disciplined employee shall have the
right to grieve the disciplinarv action. including discharge.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the dates set forth below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CLERK
CHAIRMAN
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
TEAMSTERS LOCAL UNION NO. 769
AFFILIATED WITH THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
BY:
PRESIDENT
DATE:
BY:
BUSINESS AGENT
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AGENDA REQUEST
ITEM NO. ~e-
DA TE: September 27, 2005
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Heather Spet"razza Lueke
Assistant County Attorney
SUBJECT: Weekend Work Program - Fourth Amendment to March 4, 1997 Interlocal
Agreement with the Sheriff
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMEND A TION:
Staff recommends that the Board approve the proposed
Fourth Amendment and authorize the Chairman to sign the
Amendment.
[~ APPROVED [ ] DENIED
[ ] OTHER:
Approved 4-0
Comm. Coward Absent
COMMISSION ACTION:
~'
Review and Approvals
County Attorney:
Management & Budget
Purchasing:
Originating Dept.
Public Works Dir:
County Eng_:
Finance: (Check for copy only. if applicable)
Eff_5/96
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO.:
05-1605
DATE:
September 23, 2005
SUBJECT:
Weekend Work Program - Fourth Amendment to March 4, 1997
Interlocal Agreement with the Sheriff
*********..****..***************.***.***********.***.*****._****.****...*.....
BACKGROUND:
On March 4, 1997. the Sheriff and the County entered into an Interlocal Agreement
wherein the parties agreed to implement a weekend work program for County public works projects
utilizing the services of County inmates in the custody of the Sheriff.
On March 1, 2000. the parties entered into a First Amendment which reflected an increase
in the hourly rate to deputies and supervisors for off-duty detail.
On December 18,2001. the parties entered into a Second Amendment which reflected an
increase in the overtime rate paid to deputies and supervisors.
On June 28, 2005, the parties entered into a Third Amendment which changed the
language of the contract to pay the Sheriff's office directly.
The parties now wish to amend the Agreement to reflect an increase in the overtime rate
paid to deputies and supervisors effective October 1, 2005.
RECOMMENDA TION/CONCLUSION:
Staff recommends that the Board approve the Fourth Amendment to the March 4, 1997
Interlocal Agreement with the Sheriff and authorize the Chairman to sign the Agreement.
Respectfully submitted,
Heather Sperrazza Lu e
Assistant County Attorney
;
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FOURTH AMENDMENT TO MARCH 4, 1997 INTERLOCAL AGREEMENT
THIS FOURTH AMENDMENT is made this _ day of
,2005,
between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County" and the ST. LUCIE COUNTY SHERIFF, hereinafter referred to as
"Sheriff'.
WHEREAS, on March 4, 1997, the County entered into an Interlocal Agreement with the
Sheriff, referred to as the "Agreement," which was recorded in Official Records Book 1068 at page
752, of the public records of St. Lucie County, Florida, wherein the parties agreed to implement a
work program for County public works projects utilizing the services of County inmates in the
custody of the Sheriff; and,
WHEREAS, effective March 1, 2000, the parties entered into a First Amendment to the
Agreement which reflected an increase in the hourly rate paid to deputies and supervisor for off duty
detail which was recorded in Official Records Book 1293 at page 2457 of the public records ofSt.
Lucie County, Florida; and,
WHEREAS, effective December 18,2001, the parties entered into a Second Amendment
to the Agreement which reflected an increase in the overtime rate paid to deputies and supervisors
effective January 1,2002; and,
WHEREAS, effective June 28, 2005, the par):ies entered into a Third Amendment to the
Agreement which permitted the County to forward payment to the Sheriff for such services; and,
WHEREAS, the parties now desire to further amend the Agreement to reflect an increase
in the overtime rate paid to deputies and supervisors effective October 1, 2005.
g :Iattylagreemntlinterloclsheriff-inmates_ wpd
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NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties
agree to amend the Agreement as follows:
1. Paragraph 2 of the Agreement shall be amended to read as follows:
1. County Responsibilities. The County shall provide wòrk assignment(s) to be
utilized by the Sheriff for the weekend work program in an amount equal to twenty-
seven and 00/1 00 dollars ($27.00) per hour per deputy with a three (3) hour minimum
per day. In the event a supervisor is required to be on site, the rate shall be thirty and
00/100 dollars ($30.00) per hour with a three (3) hour minimum per day. The County
shall directly forward payment to the Sherifffor such services.
2. All other tenns and conditions of the Agreement, as previously amended, shall remain in
full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Fourth Amendment on the
date first above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
WITNESS:
ST. LUCIE COUNTY SHERIFF
BY:
Ken Mascara
g: latt y\agreemnt linlerloclsheriff- inmales. wpd
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"wII
Item No. 3A
DATE: 09/27/05
AGENDA REQUEST
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: (x)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Dennis Grim
Code Compliance Manager
SUBMITTED BY (DEPT): Public Works-Code ComDliance
SUBJECT: Request approval from the Board of County Commissioners to accept proposal from
Municipal Software not to exceed $37,240.00,
BACKGROUND: On Sept. 20, 2005, the Board of County Commissioners approved the implementation of
Port St. Lucie Impact Fee Collection Program. Currently, the City of Port St. Lucie, FL collects impact fees
on behalf of St. Lucie County. After October 1,2005, Port St. Lucie will no longer collect these fees and it
will be the responsibility of St. Lucie County to collect these. St. Lucie County requires an automated
process to be developed in CityView which will; periodically record the permits issued by Port St. Lucie for
new residential construction, new commercial construction and commercial additions; generate
notification of impact fees to the property owners; record collection of impact payments; generate notices
of liens for overdue payments, and generate reports of impact fee payments for posting to the General
Ledger.
FUNDS WILL BE MADE AVAILABLE:
150-1300-568000-100 - General Administrative Fee
150-1300-229035-100 - Road Impact Fee Pt. St. Lucie
150-1300-229036-100 - Public Bldg C
150-1300-229037-100 - Public Bldg 0
150-1300-229038-100 - Parks Impact Fee Pt. St. Lucie
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize equipment
request # 06-208, Budget Amendment BA06-1 00, and the proposal from Municipal Software to pay for the
collection of County Impact Fees from the City of pt St. Lucie.
Other~?:
Purchasing:
6/~
COMMISSION ACTION:
KApPROVEDD DENIED
Approved 4-0
o OTHER: Comm. Coward Absent
Co",ty Attom.¿
OriO;''';'O D.p"~".I ®
Review and A
Other:
Finance: Check for copy only, if applicable: -,j
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AGENDA REQUEST
ITEM NO, C-38
DATE: September 27, 2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115
Michael Powley, P.E.
County Engineer
SUBJECT:
Request for a Public Hearing on Florida Rock Mine - South Plant mining permit application (Renewal).
BACKGROUND:
See attached memorandum.
FUNDS A VAIL.: N/A.
PREVIOUS ACTION:
August IS, 1985: Board approved a Class II Permit for a period of20 years to Mable Groves, Ltd.
1989: Board approved a transfer of the mining permit to Florida Aggregates Intergroup, Inc.
December 11, 1996: Board approved a transfer of the mining permit to Florida Rock Industries, Inc.
April 3,2001: Board approved the closing of the southern pit.
RECOMMENDA TION:
Staff recommends Board approval for a public hearing date of November I, 2005 at 6:00 P.M or soon there after to
consider the request of the Florida Rock Mine - South Plant mining permit application.
IX APPROVED
[ ] OTHER:
[ ] DENIED
COMMISSION ACTION:
Approved 4-0
Comm. Coward Absent
Doug nderson
County Administrator
~/
Coordination/S¡I!natures
(x]County Attorney
(x]Originating Dept. Public Works Mv p~ Þr?W
[ ]Mg!. & Budget
[x ]Env. Res. Dep_ \. Yvì'v13
( ]Finance Dept_
[ ]BudgetJRevenue Coord_
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DIVISION OF ENGINEERING
MEMORANDUM
05-224
TO: Michael Powley, County Engineer
FROM: Michael Harvey, Engineer Intern
DATE: September 19,2005
SUBJECT: Florida Rock Mine - South Plant
Eææ===:=æææææææææ:::::ææ=æ==ææææEæææææææ:ææ:æææ=-_ææ::æ==:æ=--æææ:=---==ææææ:ææ
The Florida Rock Mine - South Plant is located in southern St. Lucie County along Range Line
Road. This is not related to the mining permit for the Florida Rock - North Plant which was
approved on October 5, 2004. The original permit for this particular operation consisted of two
mining pits, a southern pit and a northern pit. The southern pit was properly closed out on April
2, 200 I. Both were considered part of the South Plant. The permit for both pits was issued on
August 15, 1985 and expired on August 15,2005. The permittee is requesting another 20-year
permit for the remaining pit.
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AGENDA REQUEST
ITEM NO. C-3C
DA TE: September 27, 2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOA!UJOF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): ENGINEERING DIVISION 4115
, Michael Powley, P.E.
County Engineer
SUBJECT:
Award construction materials testing to Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in
the amount of $90,098.
BACKGROUND:
See attached memorandum.
FUNDS A V AILABLE:
Funds will be made available in 101106-4115-531000-4904 USDA (NRCS) Emergency Watershed - Eng P/W.
PREVIOUS ACTION:
April 5, 2005- Board approved permission to advertise Invitations to Bid for construction of Phase II.
May 24, 2005 - Board approved to award the construction to Vila & Son Landscaping Corp in the amount $5,145,212,
RECOMMENDATION:
Staff recommends award of construction materials testing to Dunkelberger Engineering & Testing for the Indian River
Drive Phase II Project in the amount of $90,098 and authorization for the Chairman to sign the contract as prepared by the
County Attorney.
01. APPROVED
[ ] OTHER
[ ] DENIED
Approved 4-0
Comm. Coword AbIent
CONCUR~CE:
,/ If/..
Douglas Anderson -
County Administrator
[x] ProJ Man. ~
[x] Env. Res. Dep. .: .'
COMMISSION ACTION:
[x] County Attorney
[x] Originating Dept. Public Works
[ ] Purchasing
(Check for copy only, if applicable)
u [x] Mgt. & Budget 0Å1.1~
YV [x] Fiscal Coor. ~
~,
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DIVISION OF ENGINEERING
MEMORANDUM
05-225
TO: Michael Powley, County Engineer
FROM: Michael Harvey, Engineer Intern
DATE: September 19,2005
SUBJECT: Indian River Drive Phase II
The County began working on revegetating Indian River Drive in June of 2005. Dunkelberger
Engineering & Testing is currently assisting with Phase I and as such are the best candidate for
Phase II of the project. Because of the accelerated nature of this project's timeline, it was
overlooked that these services were never presented to the Board. This work authorization is to
pay for those services to the end of construction.
')
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WORK AUTHORIZATION NO. 20 C03-10-686
W.A. #20
PROJ: 4914
S. INDIAN RIVER DR. PH II REVEGATION - SOIL TESTING
Pursuant to that certain Agreement between County and Engineer for Professional
Services for Continuing Soil Testing Services, (the "Agreement" (Contract No. C03-10-
686) between St. Lucie County (the "County") and Dunkelberger Engineering & Testing,
Inc., (the "Engineer") dated October 14,2003, the Engineer agrees to perform and
successfully complete the scope of work as set forth in the Engineer's Agreement and
more particularly described in the attached Exhibit "A", the County agrees to compensate
the Engineer the amount not to exceed Ninety thousand ninety-eight ($90,098.00) dollars.
All work under this Work Authorization No. 20 shaH be completed on or before
December 3 I, 2005 (or refer to schedule Exhibit "A", if appropriate).
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has
affixed his, its, or their names, or name, on the dates below.
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
WITNESS:
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
DATE:
WITNESS:
DUNKELBERGER ENG. & TESTING, INC
BY:
(Type or print name/position)
DATE:
·
\.,f
DATE:
WORK AUTHORIZATION:
PROJECT:
FIRM:
TIME OF PERFORMANCE:
SCOPE OF WORK:
....I
Exhibit "A"
July 27,2005
No. 20
S. Indian River Dr. Ph II - Revegation
Dunkelberger Engineering & Testing, Inc.
On or before December 31, 2005.
Perform soil testing services on the S. Indian River
Dr. Ph II - Revegation project on an as needed
basis.
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ITEM NO. C-3D
DATE: September 27,2005
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO:
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
Approval of Work Authorization No.3 (Contract C03-09-708) with Inwood Consulting Engineers, Inc. for engineering
services for the Weatherbee Road and U.S. 1 Intersection Improvements project in the amount of $6,600 for modification
to the plans.
Michael V. Powley, P.E.
County Engineer
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
Funds will be made available in 10 I 006-4116-563005-4407 (Transportation Trust / Impact Fees).
PREVIOUS ACTION:
June 15, 1999 - Board approved the Work Authorization for the design, pennitting, and signalization at the Weatherbee
Road and U.S. I intersection in the amount of$38,995.
November 12, 2002 - Board approved the Work Authorization (Contract COO-1O-106) for additional survey and design
work to identify property for R/W acquisition along Weatherbee Road in the amount of $33,045.
January 20, 2004 - Board approved the First Amendment to Work Authorization (Contract COO-I 0-1 06) for the boundary
survey for the partial parcel that is being acquired at Weatherbee Road and U.S. 1 in the amount of$2,854.
RECOMMENDATION:
Staff recommends the Board approve Work Authorization No.3 (Contract C03-09-708) with Inwood Consulting
Engineers, Inc. for engineering services for the Weatherbee Road and U.S. 1 Intersection Improvements project in the
amount of$6,600.
~ZNCE:
IX APPROVED [] DENIED _~
[] OTHER Approved 4-0 Douglas Anderson
Comm. Coward Absent County Administrator
[x] County Attorney . [x] Mgt & Budget ~ '~ [xl Purchasing
[x] Originating De.Pt. j?ublic Works ftAVfr'" OOw [x] Project Man. H [x] Fiscal COOL
[x] Finance . ¡ /L '--___. -
(Check for copy only. if applicable) ~-,(-\
COMMISSION ACTION:
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DIVISION OF ENGINEERING
MEMORANDUM
05-227
TO: Michael Powl~y, P.E. - County Engineer
FROM: Michael Harvey, E.I. - Engineer Intern
DATE: September 19, 2005
SUBJECT: Weatherbee Road & U.S. 1 Intersection Improvements
In January 2004 the final design plans for the Weatherbee Road and U.S. 1 Intersection were
completed. The Board awarded the project in June 2004 to Ranger Construction. Due to the
hurricanes construction did not begin until May 2005.
During construction a property owner who rronts U.S. 1 approached the County. A concrete
flume had been constructed within the area he uses to access Weatherbee Road. He provided
documentation indicating that he had purchased several years prior an easement from the owner
of the parcel on the southwest comer of Weatherbee Road and U.S. 1 allowing him access to
Weatherbee Road. This easement was not recorded until June 2005.
Work Authorization No.3 with Inwood Consulting Engineers is for modification to the plans.
The concrete flume will be relocated and a driveway will be constructed within the easement.
~
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WORK AUTHORIZATION NO.3
Engineering Services
Roadway and Intersection Design
C03-09-708
Weatherbee Road Project
Pursuant to that certain Agreement Between County and Engineer for
Engineering Services (the "Agreement") between St. Lucie County (the "County") and
Inwood Consulting Engineers, Inc. (the "Engineer") dated September 9, 2003, the
Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the
Compensation described in Exhibit "B". All services provided under this Work
Authorization shall be completed as quickly as possible due the project being currently
under construction.
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer
has affixed his, its, or their names, or name, on the dates below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
EN9~NEER "\l r
'-----~ \ '!. /
BY: - N~c) ]¿\.'~
Print Name: David G. Coleman
Inwood Consulting Engineers, Inc.
Date: 09 - 19 - Q 5
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EXHIBIT "A"
SCOPE OF SERVICES
Article I
Proiect Description
The COUNTY hereby retains the ENGINEER to furnish Engineering Services for the
following development:
1. Redesign drainage structures, pipes and other improvements necessary to
locate a concrete drive in the location of an existing dirt drive on the southwest
quadrant of Weatherbee Road and US 1.
The above described improvements are hereinafter called the PROJECT.
Article II
Services bY Enoineer
The consulting services that the ENGINEER shall furnish to the COUNTY shall consist
of revision of existing construction plans, coordination with the COUNTY and site visits
to confirm the design conditions are consistent with the existing survey.
Task 1 - Site Visit
The ENGINEER will visit the site and photograph the existing conditions for
documentation of pertinent design issues and existing conditions. It is expected that
the existing conditions do not differ greatly from the survey information included in the
existing plans. If it becomes apparent that existing conditions are different than the
survey information, the ENGINEER can provide this service under a separate work
authorization.
Task 2 - Coordination and Comments Resolution
The ENGINEER will coordinate the design with the COUNTY to ensure locations of
improvements are consistent with the COUNTY's desires. Based on comments from
SCOPE. DOC
Page 1
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...I
the COUNTY and requests for information from the Contractor, the ENGINEER will
research and resolve design issues with the plans.
Task 3 - Plans Revision
The ENGINEER will revise the construction plans and provide new Roadway Plan,
Sheet NO.6 and new Cross Sections, Sheets No. 11 and 12. Earthwork quantities will
be recalculated and revised Cross Sections, Sheet No. 20 will be provided.
Article III
County's Responsibilities
A. The COUNTY'S responsibilities include the following:
1. Coordinate the COUNTY requirements for the PROJECT with the
ENGINEER,
Article IV
Compensation and Payments to the Enaineer
A. Payment for Enaineerina Services
The COUNTY will pay the ENGINEER a lump sum of SIX THOUSAND, SIX HUNDRED
DOLLARS ($6,600.00) for Engineering Services. (See attached Exhibit "8" - Fee
Proposal.)
Compensation for these services shall be billed by the ENGINEER and paid by the
COUNTY not more than once per month in progress payments in proportion to services
performed.
SCOPE DOC
Page 2
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ITEM NO. C-3e
DATE: September 27,2005
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4108)
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: Approve Resolution No_ RES 05-370, Equipment Request EO 05-377, and Budget Amendment
BA 05-194 to purchase a 2006 Freightliner Dump Truck from Freightliner for $ 89,761.58 for the
Road & Bridge Drainage Operations Section.
BACKGROUND:
The Drainage Operations Section is in need of replacing a 2004 Freightliner Dump Truck (40-7044)
stolen from the County Compound in August 2005. Freightliner is prepared to sell a Dump Truck to the
County for $89,761.58 as shown on the attached quote. This truck is available through the Florida
Sheriffs Assoc. State Contract.
Attached is Resolution No. RES 05-370, Equipment Request, EO 05-377 and Budget Amendment BA
05-194, for the purchase of a new 2006 Dump Truck for the Road & Bridge Drainage Operations Unit.
By approving all of these items, the Board will approve settlement from the County Insurance Carrier,
approve the new equipment request, and authorize transfer of funds into the Capital Equipment &
Machinery account (101-4108-564000-400) to fund the purchase of this truck.
FUNDS ARE AVAILABLE IN:
101-4108-564000-400 - Capital Equipment & Machinery ($20,327)
101-4108-369930-400 -Insurance Revenue ($68,500)
101-4108-534000-400 - Other Contracts ($2,435)
PREVIOUS ACTION: None
RECOMMENDATION:
Staff recommends that the Board approve Resolution No. RES 05-370, Equipment Request EO 05-377
and Budget Amendment BA 05-194 for the purchase of a 2006 Dump Truck from Freightliner for a total
amount of $ 89,761.58.
IX APPROVED [ ] DENIED
[ ]. OTHER Approved 4-0
Comm. Coward Absent
COMMISSION ACTION:
[ ] Finance Director:
(Check for copy only, if applicable)
[x] Purchasing:
[ ] County Engineer
d~
[ x] Public Works Director: MVf I/)8 IN
[x] County Attorney:
[x] Mgt & Budget:
[ ] Fiscal Coord:
Eq05-377 Dump T rk_doc
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RESOLUTION NO. 05-370
WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County
Commissioners, certain funds not anticipated at the time of adoption have become available from Insurance
Company in the amount of $68,500.30 for a Dump Truck which is being replaced due to theft.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 27th day of September, 2005, pursuant to Section 129.06 (d), Florida Statutes,
such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County
Board of County Commissioners is hereby amended as follows:
REVENUES
101-4108-369930-400
Reimbursements
$68,500
APPROPRIATIONS
101-4108-564000-400
Machinery & Equipment
$68,500
After motion and second the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson
Commissioner Doug Coward, Vice Chairperson
Commissioner Chris Craft
Commissioner Paula Lewis
Commissioner Joseph E. Smith
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 27th DAY OF September, 2005,
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
.......
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: OMB/Road & Bridge Drainage
PREPARED DATE: 9/22/2005
AGENDA DATE: 9/27/2005
ACCOUNT NUMBER ACCOUNT NAME AMOUNT
TO: 101-4108-564000-400 Machinery & Eauipment $2,435
FROM: 101-4108-534000-400 Other Contractual Services $2,435
REASON FOR BUDGET AMENDMENT: Additional funds are required for Dump Truck.
CONTINGENCY BALANCE: N/A
THIS AMENDMENT: N/A
REMAINING BALANCE: N/A
DEPARTMENT APPROVAL: r3ll/1r tJuu>-,
OMB APPROVAL:
BUDGET AMENDMENT #: BA05-194
DOCUMENT # & INPUT BY:
·
'wi
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2004-2005
DEPARTMENT:
PUBLIC WORKS
RECOMMENDED: X YES
NO
REVISED
JUSTIFICATION:
This dump truck will replace a 2004 Freightliner truck stolen about August 1, 2005_ Our insurance
company is paying $68,500 for settlement to use toward a replacement truck_
Funds to purchase this truck will come from the following accounts:
101-4108-369930-400 Insurance revenue
101-4108-564000-400 Savings from previous Capital purchases
101-4108-534000-400 Savings from Other Contracts
EQUIPMENT REQ#: EQ05-377
ACCOUNT#:
101-4108-564000-400
SEP-OZ-Z005
FROM·- ~IGHTLINER FT PIERCE
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AGENDA REQUEST
....¡
ITEM: # C-4A
DATE:SEP Z7, 2005
REGULAR []
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Wayne Teegardin
Risk Manager
SUBMITTED BY (DEPT): Human Resources/Risk Management
SUBJECT:
Catastrophic Inmate Medical Expense Payment
BACKGROUND:
Medical care for incarcerated jail inmates provided off-site (outside the jail)
are paid under contract by Prison Health Services (PHS) and reimbursed by
the County. Catastrophic inmate medical insurance coverage has been
purchased to lesson impact of inmate medical expenses.
GENERAL NOTES:
Resolution No. 05-360. Consider staff recommendation to approve the
budget amendment forthe Aggregate Insurance Settlement to cover Sheriff's
Office inmate medical costs that exceed the inmate medical aggregate cap
and HIV and viral loads by $162,232. The amount originally budgeted for
this was $330,000. The County has a Catastrophic Loss policy in force with
the potential to recover claim costs submitted by PHS.
FUNDS AVAIL:
Funds available in 001-2300-531300-200
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of Resolution No. 05-360.
IXJ APPROVED [] DENIED
[ J OTHER: Approved 4-0
Comm. Coward Absent
CO~ZCE:
¿
-r"
Douglas M. Anderson
County Administrator
COMMISSION ACTION:
County Attorney:
Originating Dept W7/ '-
Finance: (Check for Copy only, if applicable)_
t/~
Review and Approvals
Management & BUdge~~~\
Other:
Purchasing: \.~~
Other:
.
1- ,.-
'-'
.".,
~ T. ~ en: IE·····, ',,' .. --
COUNTY" "
FLORIDA'M-
RISK MANAGEMENT/SAFETY
Memorandum 05-014
TO: BOARD OF COUNTY COMMISIONERS
FROM: WAVNE TEEGARDIN, RISK MANAGER ¿;J
DATE: SEPTEMBER 21, 2005
SUBJECT: ITEM C-4A - CATASTROPHIC INMATE MEDICAL EXPENSE PAVMENT
. .
Medical Care for incarcerated jail inmates provided off-site (outside the jail) are paid under
contract by Prison Health Services (PHS) and reimbursed by the County. Catastrophic
inmate medical insurance coverage has been purchased to lesson impact of inmate medical
expenses.
Staff recommends to approve budget amendment for the Aggregate Insurance Settlement to
cover Sheriff's Office inmate medical costs that exceed the inmate medical aggregate cap
and HIV and viral loads by $162,232. The amount originally budgeted for this was $330,000.
The County has a Catastrophic Loss policy in force with the potential to recover claim costs
submitted by PHS.
Funds available in 001-2300-531300-200
Staff recommends approval of Resolution No. 05-360.
,-
-
, .~~
'-
...."
RESOLUTION NO. 05-360
WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County
Commissioners, certain funds not anticipated at the time of adoption have become available in the form of
$162,232 in Insurance Reimbursements.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 SI. Lucie County, Florida,
in meeting assembled this 27th day of September, 2005, pursuant to Section 129.06 (d), Florida Statutes,
such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County
Board of County Commissioners is hereby amended as follows:
REVENUES
001-2300-369930-200
Reimbursements
$162,232
APPROPRIATIONS
001-2300-531300-200
Inmate Medical
$162,232
After motion and second the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson
Commissioner Doug Coward, Vice Chairperson
Commissioner Chris Craft
Commissioner Paula Lewis
Commissioner Joseph E. Smith
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
-
....
'-
'-'
.."",
REVISED
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. C-4B
DATE: Sept. 27,2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT ~X~
PRESENTED BY:
Carl Holeva
Human Resources Director
SUBMITTED BY(DEPT): HUMAN RESOURCES DEPARTMENT
SUBJECT: October Cost of Living (COLA) increase
BACKGROUND: During the budget workshops, the annual COLA was discussed
and the recommendations was for an across-the-board 3% salary increase.
We are asking for approval of the increase for the non-bargaining and
bargaining unit employees to be effective Oct. 2, 2005
FUNDS AVAILABLE: 001-9910-599310-800 General Fund Salary Increase Reserves and
various funds 9910-599310-800.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the 3%
increase effective Oct. 2, 2005, for non-bargaining and bargaining full time and
part time with limited benefits employees.
COMMISSION ACTION:
IX APPROVED
[ ] DENIED
[ ] OTHER:
Approved 4-0
Comm. Coward Absent
NCE:
Do ;¡las Anderson
County Administrator
Review and Approvals
County Attorney:
Management & Budget:
Purchasing:
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, irapplicable): _
-
-
i"f
~
wi
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Carl Holeva
Human Resources Director
DATE: Sept. 27,2005
SUBJECT: October Increase
BACKGROUND:
Staff recommends a 3% increase for all non-bargaining and bargaining full time and part time with
limited benefits employees effective Oct. 2, 2005.
If the employee is at the top of their pay range for his/her position, they will receive the full amount
of the increase but the pay range for the position will not be affected as a result of the increase.
Employees who are in the initial probation period WILL NOT receive the 3%.
Employees who are in a promotion probation will receive their 3%.
Temporary employees WILL NOT receive the 3% .
RECOMMENDATION:
Staff recommends a 3% increase for all non-bargaining and bargaining full time and part time with
limited benefits employees effective Oct. 2, 2005.
Respectfully submitted,
~- ,.//~'
Carl Holeva
Human Resources Director
CHImp Copies to: County Administrator
Finance Director
Employment and Labor Relations Manager
Payroll Supervisor
I
ITEM NO. "t!!!!. 5 A
DATE: 9/27/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT(X)~~
PRESENTED BY: ~- '
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Solid Waste Division
Leo J. Cordeiro. Solid Waste Director
SUBJECT: Staff requests the Board approve the purchase of the 3rd baler for the Solid Waste
Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. This item was
approved in the 2005-06 budget process. The total cost of the baler is $1,208,362.
BACKGROUND: See attached memorandum.
FUNDS A V AI LABLE: 401-3410-564000-300
New Fiscal Year Item - 2005-06 Budget
PREVIOUS ACTION: 6/28/05 - Board approved design and engineering services for 3rd baler.
RECOMMENDATION: Staff recommends the Board approve the purchase of the 3rd baler for the
Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC.
This item was approved in the 2005-06 budget process. The total cost of the baler is $1,208,362.
COMMISSION ACTION:
~ APPROVED () DENIED
{ ) OTHER
Approved 4-0
Comm. Coword Absent
D ANDERSON
COUNTY ADMINISTRATOR
County Attorney ~
Originating Dept. ( )
I.ff
Coordination/Sianatures
Mgt. & B,dget (X)~ P''''h..;09 IX) ð /
Other ( ) Other ( )
Finance: (check lor copy, only il applicable) _
~
PUBLIC WORKS DEPARTMENT
SOLID WASTE DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM:
Leo ], Cordeiro r2
Solid Waste Director
DATE:
September 16, 2005
RE:
Sole Source Purchase of MacPresse International Baler from
Sierra International Machinery, LLC
The St. Lucie County Baling & Recycling Facility began operations in August 2001. Since the facility
began receiving waste, waste tonnages have increased over time due to rapid growth in St. Lucie
County. Since September 2004, waste tonnages have increased drastically due to the impacts of
Hurricane Frances and Jeanne and the additional waste now received from the City of Fort Pierce. In
order to keep up with the waste volumes at the landfill, baling operations have become extended and
conventionallandfilling practices have been utilized to supplement baling. Staff has identified the
need for a 3rd baling system to facilitate processing of the growing waste stream with minimal labor
impacts. The Board approved the design and engineering services for the additional baler on June
28, 2005. The justification for the sole source is compatibility to the existing 2 balers for operation
purposes and maintenance cost. The price quoted for the 3rd baler is the same price as the 2 balers
purchased 4 years ago.
Please call me at x1631 if you have any questions.
LJC:dls
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006
DEPARTMENT:
PUBLIC WORKS
SOLID WASTE
RECOMMENDED: X YES
APPROVED:
NO
REVISED
JUSTIFICATION:
This baler is required to keep pace with the increased tonnage of Class I garbage from the rapid
population growth.
EQUIPMENT REQ#: EQ06-191
ACCOUNT#:
401-3410-564000-300
SIER~ INTERNATIONAL MACHINERY'rtC
BALER / LOGGERS
PORTABLE OR STATIONARY
SHEAR / BALER I LOGGERS
MACPRESSE BALERS & MRF's
SERVICE & PARTS
1620 EAST BRUNDAGE LANE (93307)
P.O. BOX 1340 BAKERSFIELD
CALIFORNIA · 93302
661-327-7073. FAX 661-322-8759
USA 800-343-8503
Friday, July 22, 2005
Mr. Leo Cordeiro
St. Lucie County Solid Waste Authority
6120 Glades Cut-Off Road
Ft. Pierce, FL 34981
RE: Macpresse Solid Waste Baling System
Dear Mr. Cordeiro:
Congratulations on the exceptional growth the County of St. Lucie is experiencing. Sierra
Intemational and Macpresse appreciate the opportunity to once again serve the waste
handling needs of your county. Our original forecast did not account for the unfortunate
barrage of hurricanes and accelerated new residential growth that has occurred over the last
couple of years.
Based on your current waste volumes Sierra Intemational recommends the installation of an
additional processing line to bale your commercial and MSW materials. Detailed below is our
proposal to provide a third Macpresse baler and conveyor system that will be compatible to
your existing equipment. Several new features have been added to the model 112 since your
installation, however, all of the components remain interchangeable to minimize spare parts
inventory and operator and maintenance awareness.
One of the most exciting innovations is the ability to bale MSW using a significantly less
expensive plastic baling wire. This new feature is expected to reduce your cost of baling wire
by approximately 50%. Additionally, Macpresse has continued to add new safety features to
protect your workers in the event of an accident. We will detail these features more in the
summary below.
Our proposal is as follows based on the layout drawing # 3329.A 1.00:
Pos. 4/6/3
Loading conveyor Mac 2100PP
I Beam loading conveyor
Containing edges
Transfer conveyor hopper
Jam door
I Beam support conveyor Pos. 7
In-feed conveyor
Inspection platform between Conveyor 1
And 2 and hopper and door
Pos. 1
Pos.1
Pos.2
Pos. 3
Pos.4
Pos.5
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Pos.7
Pos.8
Pos.12
Pos.14
Pos.15
Pos.16
Pos.17
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Baler in-feed conveyor Mac 2100PP
Macpresse model 112 baler
NEMA 4 electric panel (MCC and cables)
Castel safety locks
Torit dust control system
Macpresse Conveyor Guardian® - 3 units
Sound enclosure
Leachate cleaning conveyor chain
Loading conveyor Mac 1800PP
Loading hopper conveyor
Transfer conveyor hopper
Spare Components:
Trolley or main ram (Interchangeable all 3 balers)
Extrusion chamber (Interchangeable new baler only)
Replacement sidewalls for the existing (2) balers. This will allow for the retrofit
and utilization of plastic baling wire on all 3 balers.
Pricing delivered and installed:
$1,208,362.00
Installation: Installation does not include any building modifications, concrete pits or final
electrical connection to our supplied MCC (motor control center). A local licensed
electrician will need to connect wiring and conduit from conveyor motors to our supplied
MCC. We estimate 4-5 men 18-20 days for installation, one 60 ton crane for 5 days, one-
30 ton cranes for 10 days and two (2) high lift heavy capacity forklift for 20 days. Additional
items required but not included are minimum 10 spools of 10 gauge black annealed baling
wire and 790 gallons of hydraulic. Additional installation costs will be incurred should the
building, concrete pit, electrical power or access to installation site not be available at the date
agreed. Further costs shall include labor, lodging, and added time for rental equipment, i.e.
crane, forklifts, man lifts, etc., for work delays beyond the control of Sierra or Macpresse.
Note: Insurance to jobsite is included, GC Builders Risk Coverage onsite supplied by others.
Installation is bid with non-union labor. No provisions have been made for penalty clauses or
perfonnance bonus for production rates or electrical usage. Should additional testing be
required we will need to calculate the man hours and travel expenses required and add to our
proposal.
ITEMS NOT INCLUDED:
· Sorting platfonn and stairs opposite the loading conveyor
· 790 gallons of hydraulic oil
· 10 spools of baling wire
· Final electrical connections to the MCC
· Electrical connections from the conveyor motors and emergency stop switches to the
MCC
· Maintenance access mezzanines, stairs, catwalks other than those shown on drawing
3329.A 1.00
Page 2
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The spare parts pricing above does not include the labor to remove and add the new sidewalls
on the existing solid waste balers.
A supply of the new plastic wire has not been provided in this proposal. Currently Macpresse
and Sierra are negotiating with several suppliers for the best wire quality at the lowest
available price. This information will be forwarded just as soon as possible.
Terms: 0% with order placement, 85% due prior to shipment, 15% balance due at start-up not
to exceed 30 days from delivery.
Sierra has not included in this proposal any platforms, mezzanines, chutes or catwalks for
personnel to recycle material from the waste stream.
Our installation pricing does provide for the installation of two (2) Macpresse Conveyor
Guardian® safety systems, excluding final electrical connections. These systems will have a
steel frame work to hold the scanner positioned over the conveyors and do not require any
annual inspection visits. A third Macpresse Conveyor Guardian® is provided on the new solid
waste baling line.
Once again, we are pleased to have this opportunity to provide additional solid waste baling
equipment for St. Lucie County. Should any questions or comments develop as a result of this
proposal please call to discuss.
Warmest Regards,
Richard Harris
Managing Director
Recycling & Solid Waste Division
cc: John Sacco
Giuliano Scotuzzi
Joe Droukas
Page 3
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ITEM NO. ..,C - 5 B
DATE: 09/27/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
PRESENTED BY:¿
~ó
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Solid Waste Division
Leo J. Cordeiro. Solid Waste Manaaer
SUBJECT: Staff request Board approval of Amendment NO.1 to the CDM proposal for professional
services related to the design, permitting, and construction services for the Scale House at the
Glades Road Baling Facility. The original Agreement is revised from a cost of $136,300 to a lump
sum of $550,000.
BACKGROUND: See attach memorandum.
FUNDS AVAilABLE:
401-3410-562000-3608 Buildings
After Board approval a Line to Line will be done moving funds to
401-3410-562005-3608 Building - Consulting Engineer
PREVIOUS ACTION:
a total cost of $136,300.
11/04/05 Board approved Agreement with CDM for professional services for
RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the CDM proposal for
professional services related to the design, permitting, and construction services for the Scale House
at the Glades Road Baling Facility. The original Agreement is revised from a cost of $136,300 to a
lump sum of $555,000.
Approved 4-0
Comm. Coward Absent
CE:
COMMISSION ACTION:
ao APPROVED () DENIED
( ) OTHER
o ANDERSON
COUNTY ADMINISTRATOR
County Attorney (X)
Originating Dept. ( )
J4/
coo...;nat;o~.tu~
Mgt. & Budget (X) m
Public Works ( )
Purchasing ( )
Other ( )
Finance: (check for copy, only if applicable) _
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PUBLIC WORKS DEPARTMENT
SOLID WASTE DIVISION
MEMORANDUM
FROM:
Board of County Commissioners
Doug Anderson, County Administrator
Leo ], Cordeiro 1\ /'iof,
Solid Waste Manager ,V
TO:
DATE:
September 16, 2005
RE:
Amendment No, 1
CDM Proposal for Design, Permitting, and Construction
Modifications to Existing Scale House
This request is for approval of Amendment No. 1 to the CDM proposal approved by the Board
11/05/05 for professional services related to the design, permitting and construction services for the
Scale House. This project includes a fast-track replacement of the two existing scales with three new
scale systems and the design and constructions of the Scale House modifications. The original
Agreement is revised from a cost of $136,300 to a lump sum of $550,000 which includes design and
inspection services for the scale replacement and a specialty contract for installation.
LJC:dls
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AMENDMENT NO: 1
TO AGREEMENT
BETWEEEN
OWNER AND ENGINEER
This Amendment No: I is made and entered into this day of , 2005 to the Agreement between
Camp Dresser & McKee Inc. ("ENGINEER") and St. Lucie County ("OWNER") dated November 9, 2004, ("the
AGREEMENT").
WHEREAS, ENGINEER and OWNER entered into the Agreement to provide engineering services for
design, permitting, bidding, and construction administration for the scale house facility at the Glades Road Landfill,
and
WHEREAS, the parties desire to amend the Agreement so as to amend the scope of work, time periods of
performance and payment, and/or responsibilities of OWNER; and
WHEREAS, the Agreement provides that any amendment shall be valid only when expressed in writing
and signed by the parties
NOW THEREFORE, in consideration of the mutual understandings and Agreements contained herein, the
parties agree to amend the Agreement as follows:
I. The Basic Services of ENGINEER as described in the Agreement are amended and supplemented as follows:
The engineering services are revised to fast-track replacement of the two existing scales with three new
scale systems. All three scales are to be placed in the vicinity of the existing scalehouse. CDM to provide
design services for future modifications to the scale house building. CDM to provide design services for
scale replacement and contract with specialty contractor for installation.
2. TIle responsibilities of OWNER as described in the Agreement are amended and supplemented as follows:
Owner to direct purchase scales and software for the proposed project.
3_ The time periods for the performance of ENGINEER's services as set forth in the Agreement are amended and
supplemented as follows:
Services are to be coordinated to maintain vehicular traffic at site. Estimated construction duration is three
months 1Ìom approval of Amendment and/or delivery of scales.
4_ The payment for services rendered by ENGINEER shall be as set forth below:
The total contract lump sum is revised from $136,300 to the following:
Design Services
Contract Scale Installation
TOTAL
$125,000
$425.000
$550,000 Lump Sum
5_ Except as herein modified, all terms and conditions of the Agreement shall remain in full force and effect.
4/01
Page I
ml12202 Amendmenl.dac
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wi
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date indicated above for the
purpose herein expressed_
>2~
~INEER
DATE: 1 J¡r..Ie.s
OWNER
DATE:
4/01
Page 2
mh2202 Al11endml;!int.doc
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AGENDA REOUEST
ITEM NO. C6
- -
DATE: 09-27-05
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT
(X]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
LffiRARY
PRESENTED BY: Susan Kilmer
SUBJECT: STATE AID TO LffiRARIES GRANT
BACKGROUND: St. Lucie County has received funding through the Department of State/Division of
Library and Information Services since 1978 for operating funds for public library services. These funds
are based on the dollars spent for library operating expenses in FY03/04. The money for this grant has
been projected in the library's 105-7115 budget for FY05/06. Estimated revenues trom the grant-
$191,826 ($20, 772 less than awarded in FY04/05).
FUNDS AVAILABLE: 105-7115 Library Special Account - State Aid to Libraries
PREVIOUS ACTION: The Board of County Commissioners have approved this grant application for
the past 27 years.
RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the
Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid
to Libraries Grant Application. Approve the library's FYOS/06 annual plan of service. Do not date the
application - the date will be added once the original application is signed in Tallahassee.
[]C.] APPROVED [] DENIED
[ j OTHER:
Approved 4-0
Comm. Coward Absent
NCE:
COMMISSION ACTION:
oug Anderson
County Administrator
xCounty Attorney:
xOriginating Dept:
ý
Coordination/Signatures
xManagement & Budget:,~tf ^.. ~ Purchasing:
Public Works: ~ Other:
Sê¥,
Finance: (Check for Copy only, if applicable)
'-"
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MEMORANDUM
ST LUCIE COUNTY LffiRARY
TO:
Board of County Commissioners
Susan Kilmer, Library Director 0IÜ4JZ,¡,G J:;2JtJ ¿¿A)
September 19, 2005
FROM:
DATE:
SUBJECT: State Aid to Libraries Grant Application - FY05/06
St. Lucie County has been a recipient of State Aid to Library grant funding since 1978.
State Aid funds are made available through the Department of State/State Library of
Florida for all public libraries and some municipal libraries (depends on population of the
city).
The funds are only allowed to be used for operating expenses within the library. The
monies received are based on the total dollars spent locally during the fiscal year
beginning October 1, 2003 and ending September 30, 2004 (second previous fiscal year)
for the operation and maintenance of the library under the conditions outlined in Chapter
257, Florida Statutes, and guidelines for the State Aid to Libraries grant program.
The estimated funds for fiscal year 2005/2006 are $191,826_ These funds have been
projected in the Library's State Aid budget (105-7115) and have been through the budget
revIew process.
These funds continue to be used for funding for the St. Lucie West Cooperative Library;
books, subscriptions, audiovisual materials and other operating supplies for the library
department.
Staff recommends that the Chairman of the Board of County Commissioners be
authorized to sign two (2) copies of the grant application at the time of Board approval.
Staff also requests that the documents not be dated, this will be done once the original
application has been reviewed and approved by staff at the State Library of Florida.
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Florida Department of State, Division of Library and Information Services
STATE AID TO LIBRARIES GRANT AGREEMENT
The Applicant (Grantee) St. Lucie County Board of County Commissioners
(Name of library governing body)
Governing body for St. Lucie County Library System
(Name of library)
hereby makes application and certifies eligibility for receipt of grants authorized under Chapter
257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program.
I. The Grantee agrees to:
a. Expend all grant funds awarded and perform all acts in connection with this agreement in
full compliance with the terms and conditions of Chapter 257, Florida Statutes, and
guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying
the legislature, the judicial branch, or any state agency.
b. Provide the Division of Library and Information Services (DIVISION) with statistical,
narrative, financial, and other reports as requested.
c. Not discriminate against any employee employed in the performance of this agreement, or
against any applicant for employment because of race, color, religion, gender, national
origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all
subcontracts for services by this agreement.
d. Retain all records for a period of 5 years from the date of submission of the final project
report. If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the 5 year period, the records shall be retained until
completion of the action and resolution of all issues which arise from it, or until the end of
the regular 5 year period, whichever is later.
e. In the event that the GRANTEE expends a total amount of State awards (i.e., State
financial assistance provided to the GRANTEE to carry out a State project) equal to or in
excess of $500,000 in any fiscal year of such GRANTEE the GRANTEE 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 Chapter 10.550, Rules of the Auditor General. In determining the
State awards expended in its fiscal year, the GRANTEE shall consider all sources of
State awards, including State funds received from the Florida Department of State,
except that State awards received by a nonstate entity for Federal program matching
requirements shall be excluded from consideration.
In connection with the audit requirements addressed in Section e, paragraph 1, the
GRANTEE shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a reporting package as defined
by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor
General.
If the Grantee expends less than $500,000 in State awards 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 GRANTEE expends less than $500,000 in State awards
in its fiscal year and elects to have an audit conducted in accordance with the provisions
Page 1 of 4
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of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State
funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from
other than State entities).
f. Identify an individual or position with the authority to make minor modifications to the
application, if necessary, prior to execution of the agreement.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in consideration of the
Grantee's performance hereinunder, and contingent upon an annual appropriation by the
Legislature. In the event that the state funds on which this agreement is dependent are
withdrawn, this agreement is terminated and the DIVISION has no further liability to the
Grantee beyond that already incurred by the termination date. In the event of a state
revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195,
Florida Statutes.
b. Notify the grantee of the grant award after review and approval of required documents.
The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes
and guidelines for the State Aid to Libraries Grant Program.
c. Distribute grant funds in two payments. The first payment will be requested by the
DIVISION from the Comptroller upon execution of the agreement. The remaining payment
will be made by June 30.
III. The Grantee and the DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained herein; and this agreement
shall supersede all previous communications, representation, or agreements either verbal
or written, between the parties. No amendment shall be effective unless reduced in writing
and signed by the parties.
b. The agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws and rules
of the State of Florida. Each party shall perform its obligations hereunder in accordance
with the terms and conditions of this agreement.
c. If any term or provision of the agreement is found to be illegal and unenforceable, the
remainder of the agreement shall remain in full force and effect and such term or provision
shall be deemed stricken.
d. No delay or omission to exercise any right, power, or remedy accruing to either party upon
breach or default by either party under this Agreement shall impair any such right, power,
or remedy of either party; nor shall such delay or omission be construed as a waiver of any
such breach or default, or any similar breach or default.
e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow
public access to all documents or other materials subject to the provisions of Chapter 119,
Florida Statutes.
f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not
be liable to pay attomey fees, interest, or cost of collection.
g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of
the Grantee, its agents, selVants or employees; nor shall the Grantee exctude liability for
its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee
Page 2 of 4
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hereby agrees to be responsible for any injury or property damage resulting from any
activities conducted by the Grantee.
h. The Grantee, other than a Grantee which is the State or agency or subdivision of the
State, agrees to indemnify and hold the DIVISION harmless from and against any and all
claims or demands for damages of any nature, including but not limited to personal injury,
death, or damage to property, arising out of any activities performed under this agreement
and shall investigate all claims at its own expense.
i. Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a contractual
relationship.
j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall
act in the capacity of an independent contractor and not as an officer, employee or agent
of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of
state employment, including retirement benefits and any other rights or privileges
connected with employment in the State Career Service. Grantee agrees to take such
steps as may be necessary to ensure that each subcontractor of the Grantee will be
deemed to be an independent contractor and will not be considered or permitted to be an
agent, servant, joint venturer, or partner of the DIVISION.
k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or
obligations under this agreement without the prior written consent of the DIVISION, whose
consent shall not unreasonably be withheld. The agreement transferee must demonstrate
compliance with the requirements of the program. If the DIVISION approves a transfer of
the Grantee's obligations, the Grantee remains responsible for all work performed and all
expenses incurred in connection with the Agreement. In the event the Legislature
transfers the rights, duties, or obligations of the Department to another governmental entity
pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations
under this agreement shall also be transferred to the successor government entity as if it
were an original party to the agreement.
I. This agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligation of the DIVISION.
m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to
fulfill its obligations under the agreement in a timely and satisfactory manner unless the
Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of
obligations by Grantee shall be determined by the DIVISION, based on the terms and
conditions imposed on the Grantee in paragraphs I and III of this agreement and
guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide
Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the
default. If the default is not cured by Grantee within the stated period, the DIVISION shall
terminate this agreement, unless the Grantee demonstrates good cause as to why it
cannot cure the default within the prescribed time period. For purposes of this agreement,
"good cause" is defined as circumstances beyond the Grantee's control. Notice shall be
sufficient if it is delivered to the party personally or mailed to its specified address. In the
event of termination of this agreement, the Grantee will be compensated for any work
satisfactorily completed prior to notification of termination.
n. Unless there is a change of address, any notice required by this agreement shall be
delivered to the Division of Library and Information Services, 500 South Bronough Street,
Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library
Page 3 of 4
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administrative unit. In the event of a change of address, it is the obligation of the moving
party to notify the other party in writing of the change of address.
IV. The term of this agreement will commence on the date of execution of the grant
agreement.
THE APPLICANT/GRANTEE
THE DIVISION
Chair of Governing Body or
Chief Executive Officer
Florida Department of State
Division of Library and Information Services
Frannie Hutchinson
Typed Name
Typed Name
Date
Date
Clerk or Chief Financial Officer
Witness
Christann K. Hartley
Typed Name and Title of Official
Date
Date
Page 4 of 4
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ST. LUCIE COUNTY LIBRARY SYSTEM
ANNUAL PLAN OF SERVICE
FY05/06
MISSION
St. Lucie County Library System will provide free, convenient,
and equal access to information; create environments to foster
life-long learning, personal enrichment, and a literate society;
and, strengthen information partnerships through resource sharing
by providing a full range of information resources and quality
services and promoting these services, programs, and materials to
the community.
FUNCTION
St. Lucie County Library serves the community with five (5)
facilities, one (1) Bookmobile; a cooperative library site with
Indian River Community College and Florida Atlantic University in
st. Lucie West; nursing home rotating collections; and a Books-
by-mail service for homebound citizens. The Library provides 67
hours of service per week, with each facility open three (3)
nights per week, every Saturday and two facilities open on Sunday
afternoon. The library provides timely, accurate and useful
information for community residents in their pursuit of j ob-
related and personal interests. The library provides on-site,
telephone and online reference services and resources to aid
users in locating needed information and resource tools. The
Library promotes and encourages the use of its collection and
electronic resources through programs, bibliographies, reader's
advisory services, ready reference and the Library's website.
GOALS & OBJECTIVES
Residents of St. Lucie County will have access to high-interest
and popular reading materials at all public libraries.
Increase per capita circulation from 3.15 items to 3.50
items by 09/30/06.
Continue offering Sunday hours at Ft. Pierce Branch Library
and Morningside Branch Library.
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Residents of St. Lucie County will receive accurate and up-to-
date reference/information service at all public libraries.
Increase reference transactions from 1.09 per capita to 1.25
per capita by 09/30/06.
Calculate use of internet access as they relate to
reference queries.
Children and students of all levels
receive assistance in meeting their
public libraries.
in st. Lucie County will
educational needs at all
Establish output measures to determine success ratio of
clients being served by Youth Services staff by 09/30/06.
Recreate position of Youth Services Librarian to help in
coordinating programs amongst the Children's Services staff
and to promote youth programming efforts throughout the
community. October 1, 2007
Expand intergovernmental cooperation with School Media
Specialists with scheduled school and library visits;
attendance at School Fairs/reading carnivals; participation
in celebrity Reading Days and attendance at School Reading
Coalition meetings.
Work with outside agencies to develop family literacy
programs and parenting classes.
Encourage Children's Services staff to plan and conduct more
programs for day care centers, summer camps and the like to
meet the goals established through the Florida Library Youth
Program sponsored through the Department of State/Division
of Library and Information Services.
St. Lucie County Library will provide access to current
information on community organizations, issues and services.
Update current file of organizations with accurate
information of presidents, mailing addresses and terms
of office (ongoing).
Provide links from the Library's website to outside agencies
and organizations.
Promote library and Friends of the Library programs via
Friends of the Library home page and County's SLCTV Channel
21 and St. Lucie County School Districts WLXTV Channel 13.
.....
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St. Lucie County Library will provide the residents
County with effective computer access to quality
software and the manifold resources of the Internet.
of st. Lucie
productivity
Upgrade and enhance the Library's network infrastructure as
needed to maintain acceptable line speed for effective
online access to the Internet, including subscription
databases, the World Wide Web and the Library's online
catalog.
Maintain st. Lucie County Information Technology's current
standards for hardware and software for all public access
computers.
Reduce the high cost of network telecommunications through
yearly application for the substantial discounts offered by
the FCC's Universal Service Fund E-rate program.
Provide computer training classes for the public at each
Library facility.
Provide instruction for the public in use of the Library's
subscription databases and other electronic resources at
each Library facility.
st. Lucie County Library will increase public awareness of
programs and services available to all residents at all public
libraries.
Increase visibility of services by promoting through local
cable television programs, radio talk-shows, library
newsletter, library website, local newspapers and attendance
at local business meetings. continue weekly column with
contributors from all supervisory staff. (ongoing)
Distribute library hand-outs at the County fair, career
days, book sales, local clubs/organizations, etc. in English
and Spanish.
Promote Friends of the Library's Florida author/artists
program at all library sites through local cable
television programs, radio talk-shows, library newsletter,
library website, local newspapers, and attendance at local
business meetings. (ongoing)
Pursue joint sponsorship of Author programs with local area
Bookstores, newspapers and/or radio stations.
......
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Participation with local Downtown Business Association; Main
street Fort Pierce; Chamber of Commerce, etc., at their
various festivals held in the county.
St. Lucie County Library will provide interlibrary cooperation
with public, private and academic libraries and new science
centers throughout the Treasure Coast to better serve the
residents of st. Lucie County.
Continue to provide funding for library cooperative at
St. Lucie West Library with Indian River Community College
through state Aid and General Fund. (ongoing)
Send letter of continued interest in reciprocal borrowing
privileges with Martin County Library System by 01/02/06.
Establish meeting with Indian River County Library System to
discuss reciprocal borrowing privileges as discussed at a
joint Board of County Commission meeting in January 2005.
Send copies of library's periodical holdings to USDA Lab,
Harbor Branch Oceanographic Institute, Smithsonian Lab,
IRCC, and st. Lucie County Extension Services Department.
The Library Administrative unit will develop a five year library
capital improvement plan and five year operating budget.
Library Advisory Board and Library Director will continue to
work on a five year capital improvement plan at their bi-
monthly Board meetings, making changes as need warrants.
Library Advisory Board and Library will work closely with
Board of County Commissioners, the st. Lucie County School
District and local developers to select appropriate sites
for new libraries in south County.
Library Director will work with all library supervisory
staff to develop a five year operating budget complete with
list of new personnel and their equipment needs.
The Library Administrative unit will develop a five year long
range plan to meet the requirements of State Aid to Libraries
grant.
Library Director will attend Long Range Planning meeting on
October 18, 2005 in Sarasota prior to the annual Library
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Director's conference.
- Library Director will work
specialists to set up at least
obtain input on future library
with State Library Program
two (2) community meetings to
needs.
- Library Director will
to the Division of
9/30/06.
submit a long range plan for 2006-2011
Library and Information Services by
The Library Administrative unit will work on grants to further
funding capabilities for st. Lucie County Library System.
Library Director will work on LSTA funding request for
literacy grants and storytelling programs.
_ Library Director will work with Cultural Affairs Director to
develop joint programs which will enhance the educational,
cultural and recreational needs of the community.
The Library Administrative unit will work on all phases of
construction for the new Windmill Point Branch Library with an
anticipated opening in the Spring of 2007.
DATE: Sept. 27, 2005
:1 v
AGENDA REQUEST
ITEM NO.
REGULAR [ }
PUBLIC HEARING [ }
CONSENT [x}
INVESTMENT FOR THE FUTURE
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: DON MCLAM
ASSIST ANT DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: APPROVAL TO PURCHASE A NEW VAN TO BE USED BY THE I.T. DEPARTMENT
BACKGROUND: SEE ATTACHED MEMORANDUM
FUNDS AVAIL: 316-1930-564000-100 (Machinery & Equipment)
Fleet Replacement Program FY 2004/2005
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the
purchase of a new (2005/2006) van that will be used by the I.T. Department.
MISSION ACTION:
oa APPROVED [] DENIED
[ 1 OTHER: Approved 4-0
Comm. Coward Absent
D Anderson
County Administrator
County Attorney: .
Originating DePt;-\~ \A;LC-\-
Finance: (Check for Copy only, if Applicable)
Mgt. & Budget~
Other:
Purchasing Mgr_:
¿;lp
Coordination/Signatures
Other:__
Eft 1197
H,\AGENDA\AGENDA-$l iT REPLACEMENT VAN_DOC
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MEMORANDUM
DEPARTMENT OF CENTRAL SERVICES
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Don McLam, Assistant Director
DATE: September 27,2005
SUBJECT: APPROVAL TO PURCHASE A NEW VAN TO BE USED BY THE LT.
DEPARTMENT
******************************************************************************
BACKGROUND: Currently the LT. Department has the need to replace a van that was
involved in an accident and has been totaled by the insurance adjuster (vehicle #40-4058) (this
vehicle was scheduled for replacement in FY 05/06). The Central Services Fleet Superintendent
has been unable to receive a finn commitment on a comparable used van, and feels the better
option would be to purchase a new van at a cost of$16,700.00. We then would have a vehicle
with a full 36 months, 36,000-mile warranty compared to purchasing a vehicle with 8,000 to
10,000 miles and 12 months of unused warranty on a used vehicle. The new van would then be
placed in a 1 O-year replacement position, whereas the used vehicle would be replaced three years
earlier.
Funds are available, in the vehicle replacement fund FY 04-05, and staff is requesting
pennission to purchase a new (2005/2006) van for LT. Department.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the
purchase of a new (2005/2006) van that will be used by the L T. Department.
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Basis for replacement
1. vehicle involved in accident
2. Insurance Adjuster totaled van.
a. Total claim $ 9,150
b. Department to pay $1,000
c. Insurance paid $8,150
Invistagated replacing with 2003/2004 used van. Used pricing varied between $12,500 to
$13, 500 for 2003 vans with 28,000 to 33,000 miles. Unable to get firm commitment on a
van which I felt would be fiscally sound. (new-$16,700. vs used dollars, warranty
remaining on used vehicle vs new vehicle warranty).
This vehicle was scheduled for replacement in FY 2005 / 2006.
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AGENDA REQUEST
ITEM NO. c-9
DATE: Sept. 27, 2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT[x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: DON MCLAM
ASSISTANT DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: DOWNTOWN JUDICIAL COMPLEX CHILLER PLANT
EDLUND DRITENBAS BINKLEY ARCHITECTS I #C03-08-520
AMENDMENT NO.2 TO WORK AUTHORIZATION NO. 10
BACKGROUND: SEE ATTACHED MEMORANDUM
FUNDS AVAil: 315-1930-562004-16012 (Building-Architectural Service)
PREVIOUS ACTION: On August 17, 2004, Item No. c-8, the Board of County Commissioners
approved Amendment No.1, to Work Authorization No.1 0, Edlund Dritenbas Binkley Architects,
#C03-08-520.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve
Amendment No.2, to Work Authorization No. 10, #C03-08-520, Edlund Dritenbas Binkley
Architects, for the services of Carter & Associates, Consulting Engineers and land Surveyors,
for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost
of $12,925.00 and authorize the Chair to sign this Amendment as prepared by the County
Attorney.
MISSION ACTION:
[~APPROVED [] DENIED
["T OTHER: Approved 4-0
Comm. Coward Absent
CE:
o g Anderson
County Administrator
Coordination/Signatures
Mgt. & Budget:
Purchasing Mgr.:
Other:
Other:
Finance: (Check for Copy only, if Applicable)
Eft 1197
H,\AGENDA\AGENDA-83 EDLUND DRITENBAS AMEND NO_ 2.DOC
--
- -
--.,
~
MEMORANDUM
DEPARTMENT OF CENTRAL SERVICES
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Don McLam, Assistant Director
DATE: September 27,2005
SUBJECT: DOWNTOWN JUDICIAL COMPLEX CHILLER PLANT
EDLUND DRITENBAS BINKLEY ARCHITECTS / #C03-08-520
AMENDMENT NO.2 TO WORK AUTHORIZA nON NO.1 0
******************************************************************************
BACKGROUND: On August 17, 2004, the Board approved Amendment NO.1 to the
December 17, 2002, Work Authorization NO.1 0, Edlund Dritenbas Binkley Architects,
relating to Architectural Services for St. Lucie County Clerk of the Courts Building.
Amendment NO.1 authorized additional work by the Architect for mechanical and
electrical design engineering of a new chiller plant facility and for the design of a chiller
plant building.
Through Amendment No.2, with Edlund & Dritenbas, and as a reimbursable
expense to the Architect, Carter & Associates, Consulting Engineers and Land
Surveyors will provide additional engineering and surveying services relative to design
and permitting of paving and drainage improvements at the proposed Clerk of Courts
Chiller Plant. At a cost of $12,925.00 ($11,750.00 x 1.10 (Architect's compensation) =
$12,925.00) they will provide: survey services, drainage design & permitting, right-of-
way design & permitting and reimbursable expenses not contemplated as necessary in
the original scope and therefore were not included in the scope. (Please see attached
proposed scope of work).
RECOMMENDATION: Staff recommends the Board of County Commissioners
approve Amendment NO.2 to Work Authorization NO.1 0, #C03-08-520, Edlund
Dritenbas Binkley Architects for the services of Carter & Associates, Consulting
Engineers and Land Surveyors for additional engineering and surveying services for the
Clerk of Courts Chiller Plant at a cost of $12,925.00, and authorize the Chair to sign this
Amendment as prepared by the County Attorney.
-- -.--
'-'
CARTER ASSOCIATES, INC.
CONSUL TLf\TG ENGINEERS AND LAND SURVEYORS
...,
1708 21s1 STREET
VERO REACH, FLORIDA 32960.3472
772-56241 :) ¡
772-562-7180 (FAX)
August 16, 2005
MARVIN E. CARTER, P.S.M.
DEAN F. (.UETRIE, P.E. tp'_&NCJ
.JOHN H. BLUM, P.E.
FRANK S. CUOClJRßSE, P.S.M.
D¡WID E. LUBTHJE, r.S.M,
GBORGE SIMONS, P,E.
STEVE SNOBERfJER. P.E.
PATRICK S. WALTHER. P.E.
Mr. Paul Dritenbas
Edlund, Dritenbas, Binkley
Architects & Associates, P.A.
65 Royal Palm Blvd.
Vem Beach, FL 32960
Re:
- ,
. :., ~" ," ' ,', .' .
St., Lu:c~e' County Clérk of Cöurt~
cbiÎlëí- :PlaIÌt' ,
Indian RIver 'Drive " "
Engineering and Sui-veyingServÌces
CAI Project # 05-76E
Dear Paul:
Weare pleased to present this proposal for engineering and surveying .~eivi()es :relative to design
and permitting of paving and drainage improvements at the proposed' Clerk of Courts Chiller
Plant. The following describes our proposed scope of work' and termsofa:greement between
Carter Associates, Inc. (CAI) and Edlund, Dritenbas, Binkley Architects and AssÞ.ciates, PA
(Architect): ' "
.
Survey Services
, ..
:: , '$ " 1,750.00
CAI will perform a specific purpose survey to include locations of adjacent'~xistiI1{btri1dings,
parking lots, cross-sections, and spot elevations of sufficient detail foJ;:desigri offµ-ading and
drainage improvements for the proposed chiller plant and parking lot imprc)'veniel1ts,
.
Drainage Design &. Permitting
$: · ·7,000.00
CAI will prepare paving, grading and drainage design, drawings, details and 'specifications
including design of required stormwater management retention improvements. A stormwater
report with flood routing analysis will be prepared and will conform to South Florida Water
Management District (SFWMD) and City of Fort Pierce (CFP) stOl1l1water permit requirements.
CAl will coordinate with these agencies through the permitting process. In addition, CAl will
provide inspection services of the paving and stotmwater improvements during construction and
will provide as-built smveys and certifications upon completion of construction.
N:\JHB\PROPOSAL\ClerkCourts-Chiller_doc
Page 1
-lil-A- , Selving Florida
'P.L Jl"ISiñœ 191 [
©2005 by CAI
-.....
..."
,
.
Right-of-Way Design & Permitting
$
1,500.00
CAr wi!] prepare application documents and submit for CFP right-of~way pennit for the
driveway c01ll1ection to Boston A venue. CAI will coordinate with CFP through the permitting
process and provide certifications upon completion of construction.
.
Reitµbursable Expenses
I
$
1,500.00
Included are permit application fees and expenses such items as postage, long distance calls,
mileage, fax transmittals, blueprints, vellum, etc.
Engineering and surveying fees for the above described services are $ 11,750.00, inclusive
of an permitting fees and reimbursable expenses.
ENGINEERING ASSUMPTIONS:
In developing this proposal, CAI represents to the Architect that the following assumptions have
been made and that deviation ftom these assumptions may require additional expenditures on
behalf of the Architect to CA!.
1. Survey shall be based upon Owner provided legal description. No abstracts for potential
ownership conflicts are included in this scope.
2. It is assumed the Architect wi11 submit necessary site plan (geometry, site data, landscape
plan, etc,) to the local permitting agencies for approval and cAr will provide only the
drainage plans and specifications.
3. There are no wetlands or environmentally sensitÎve areas that wi11 be affected by the
proposed improvements.
4. It is assumed soil testing will be provided by the Architect.
5. Specifications for site work shaH be provided to the Architect În CAI's fonnat.
GENERAL
CAl will bill the Architect monthly on a time and materials basis, per the attached Hourly Rate
Schedule, not to exceed the estimated amount of $ 11,750.00, inclusive of all costs. If additional
services are required outside this scope, then separate authorization will be required.
If you have any questions regarding our proposed scope of work or telms of agreement, please
call me at your convenience. Our receipt of a signed copy of this agreement will serve as our
notice to proceed.
N: \JHB\PROPOSAL\ClerkCourts-Chiller - doc Page 2
©2005 by CAr
....,
Sincerely,
RTERASSOCIATES, INC.
\+- PI---.
Attaclunent (Hourly Rate Schedule)
N:\JHB\PROPOSAL\cierkCourts-Chiller.doc
©2005 by CAI
"*'"
Agreed to and Accepted by:
EDLUND & DRlTENBAS, P.A.
Paul Dritenbas, AI.A. Date
Page 3
Serving Florida
Since I9IJ
-\
""-'
CARTER ASSOCIATES, INC.
Au~!:Ust, 2005
RATE SCHEDULE
Engineer I (Principal)
Engineer I (Registered)
Engineer II (Registered)
Engineer ill - EIT
Engineer Technician
Surveyor I (Principal)
Surveyor I (Registered)
Surveyor II (Registered)
Survey Crew (4 Men)
Survey Crew (3 Men)
Survey Crew (2 Men)
GPS RTK Survey Crew (3 Men/3 Units)
GPS RTK Survey Crew (3 Men/2 Units)
GPS RTK Survey Crew (2 Men/2 Units)
CADD Technician
Secretaty/W ord Processor
Inspector
Recording and Pennit Fees
Materials
Travel
Sub-consultants
Reimbursable Expenses;
Postage, Long Distance Calls,
Federal Express, etc.
Blueprints
Mylar
Photocopy (8.5" x II")
Photocopy (8.5" x 14')
Photocopy (11" x 17')
These fees shall be renegotiated on an alillual basis.
©2005 By CAr
N,\JH8\PROPOSAL\ClerkCourts-chiller_doc
.J
$ 150.001br.
$125.00/hr.
$100.001br.
$80.00/hr.
$75.001hr.
$150.00/hr.
$125.001hr.
$11O.001hr.
$ 138.00/hr.
$ 125.001br.
$113.00/h1'.
$150.001br.
$140.00/hr.
$127.001br.
$65.001br.
$40.00/hr.
$57.00/hr.
Cost + 10%
Cost
$O.35/mile
Cost + 10%
Cost
$0.25/S.F.
$1. 75/S.F.
$0. 15/ea.
$0.25Iea.
$O.35/ea.
~ . ~ Serving Florida
~
I
";r
"
'-'
AGENDA REQUEST
""""
ITEM NO. £l.!Ý\
DATE: September 27, 2005
REGULAR
PUBLIC HEARING
CONSENT
[X]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Office of Management & Budget
PRESENTED BY: Marie Gouin
SUBJECT: Early Redemption of Special Assessment Improvement Bonds
Becker Road MSBU Series 1996
King Orange MSBU Series 1996
South Hutchinson Island-North District Wastewater System Series 1998
South Hutchinson Island-North District Wastewater System Series 1998A
BACKGROUND: The attached letter from RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director
and Mr. Wess Bradish, Associate, Financial Advisor to the County, indicates there are funds available in
the Becker Road MSBU, King Orange MSBU, South Hutchinson Island-North District Wastewater
System 1998 and 1998A Series debt service fund which are excess to the debt service needs.
Accordingly, Mr. Eckloff and Mr. Bradish recommends, and OMB staff concurs, that the following
amount should be used to redeem bonds scheduled to mature on November 1 sl for the years noted below.
This action will reduce the interest cost of the issue to the property owners.
Becker Road Series 1996 $205,000
King Orange Series 1996 (payout) Principal $45,000
South Hutchinson Island-North District Wastewater Sys. Series 1998 Refunding $1,185,000
South Hutchinson Island-North District Wastewater Sys. Series 1998A $50,000
In order to redeem the bonds on November 1,2005, staff must notify the Paying Agents and depositories
of the Board's intent in time to advertise the call by October 1, 2005.
FUNDS A V AILABLE: Funds will be made available in Principal-Bonds Debt Service Funds.
PREVIOUS ACTION: The Board approved early call of bonds for these same issues.
lŒCOMMENDATIO~ Staff recommends the Board approve the early full and pà?rfal redemption of
the following:
(1) $1,860,000 St. Lucie County, Florida, Special Assessment hnprovement Bonds, Series 1996
(Becker Road MSBU);
(2) $230,000 St. Lucie County, Florida, Special Assessment Bonds, Series 1996
(King Orange MSBU);
(3) $14,920,000 St. Lucie County, Florida, Special Assessment hnprovement Bonds, Series 1998
(South Hutchinson Island Wastewater System);
(4) $910,000 St. Lucie County, Florida, Special Assessment hnprovement Bonds, Series 1998A
(South Hutchinson Island - North District Wastewater System);
at par, as recommended by RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director and Mr. Wess
Bradish, Associate, !::egftl Mvisor to the County, and as outlined above.
r"'~
COMMISSION ACTION:
"l-D CowlI-,d ab,e..+
DO APPROVED [] DENIED
[ ] OTHER:
NCE:
ouglas M. Anderson
County Administrator
County Attomey:xx
~
(./
Coordination/Si gnatures
Management & Budget: xx )~µ ,--\\A Purchasing:
'-.)
Other:
MSBU Coord. :xxV/vf' I fl..,þ
I
Finance: (Check for Copy only, if applicable) -1-.
,
>.
~
OFFICE OF MANAGEMENT rBUDGET
MEMORANDUM #05-106
riIBI! . -. - , '.. """-.' ."d
-., - . . .-. . - ' .
- . -
.
.. .. ,-,
TO:
St. Lucie County Board of County Commissioners
FROM:
Marie Gouin, Management and Budget Director
SUBJECT: Early Bond Calls
DATE:
September 27,2005
The attached letter from RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director and Mr. Wess
Bradish, Associate, Financial Advisor to the County, indicates there are funds available in the Becker
Road MSBU, King Orange MSBU, South Hutchinson Island-North District Wastewater System 1998 and
1998A Series debt service fund which are excess to the debt service needs. Accordingly, Mr. Eckloff and
Mr. Bradish recommends, and OMB staff concurs, that the following amount should be used to redeem
bonds scheduled to mature on November 1 st for the years noted below. This action will reduce the interest
cost of the issue to the property owners.
Becker Road Series 1996 $205,000
King Orange Series 1996 (payout) Principal $45,000
South Hutchinson Island-North District Wastewater Sys. Series 1998 Refunding $1,185,000
South Hutchinson Island-North District Wastewater Sys. Series 1998A $50,000
In order to redeem the bonds on November 1, 2005, staff must notify the Paying Agents and depositories of
the Board's intent in time to advertise the call by October 1, 2005
, .
'-'
'WI
;I ~~~ Rauscher
September 15, 2005
Ms. Marie Gouin
Management and Budget Director
S1. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982-5652
RE: $910,000 S1. Lucie County, Florida
Special Assessment Improvement Bonds, Series 1998A
(South Hutchinson Island -North District Wastewater System)
Dear Marie,
The above referenced special assessment bond issue is currently outstanding in the
principal amount of $475,000. Based on the information provided by the finance and
managemenUbudget departments, sinking fund monies available to pay debt service
currently total $97,641.01. After payment of the 11/01 interest payment, surplus funds of
$81,016.01 will be available to redeem bonds, at par, on November 1, 2005.
$97,641.01
-16.625.00
$81,016.01
50.000
$31,016.01
Current sinking fund balance
Less 11/01/05 interest payment
Available to redeem bonds
Redeem bonds
Cash balance
We would recommend the $50,000 of the surplus monies be used to redeem bonds, at
par, on November 1, 2005. This will include $15,000 bonds due November 1, 2015 and
$35,000 bonds due November 1, 2016. This would leave an outstanding principal
amount of $425,000 on the issue as of November 1, 2005.
Notice of this early redemption would need to be made by October 1, 2005, pursuant to
the bond resolution. Wachovia Bank, Jacksonville, Florida, serves as paying agent for
this issue. Please call if you need any additional information.
N ~ 2~j¿X1b
tJ~þ....w.
Nate Eckloff
Managing Director
Wes Bradish
Associate
Cc: Robert Freeman, Bryant Miller & Olive
Brenda Miller, Bryant Miller & Olive
'.
'-'"
"wIJI
I'.¡'; ~~i~ Rauscher
. .
.
September 15, 2005
Ms. Marie Gouin
Management and Budget Director
S1. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982-5652
RE: $14,920,000 St. Lucie County, Florida
Special Assessment Improvement Bonds, Series 1998
(South Hutchinson Island Wastewater System)
Dear Marie,
The above referenced special assessment bond issue is currently outstanding in the
principal amount of $11,155,000. Based on the information provided by the finance and
management/budget departments, sinking fund monies available to pay debt service
currently total $2,001,098.75. After payment of the 11/01 interest payment, surplus funds
of $1.724.427.50 will be available to redeem bonds, at par, on November 1, 2005.
$2,001,098.75
-276.671.25
$1.724.427.50
-1,185.000.00
$539,427.50
Current sinking fund balance
Less 11/01/05 interest payment
Available to redeem bonds
Redeem bonds
Cash balance
We would recommend the $1,185,000 of the surplus monies be used to redeem bonds,
at par, on November 1, 2005. This will include $235,000 bonds due November 1, 2009,
$465,000 bonds due November 1, 2010 and $485,000 bonds due November 1, 2011.
This would leave an outstanding principal amount of $9,970,000 on the issue as of
November 1 , 2005.
Notice of this early redemption would need to be made by October 1, 2005, pursuant to
the bond resolution. Wachovia Bank, Jacksonville, Florida, serves as paying agent for
this issue. Please call if you need any additional information.
NC;þ 2~JJ1b
¡j~$~
Nate Eckloff
Managing Director
Wes Bradish
Associate
Cc: Robert Freeman, Bryant Miller & Olive
Brenda Miller, Bryant Miller & Olive
'-'
IRBC
;~ Dain Rauscher
. .
.
September 15, 2005
....,
Ms. Marie Gouin
Management and Budget Director
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982-5652
RE: $1,860,000 St. Lucie County, Florida
Special Assessment Improvement Bonds, Series 1996
(Becker Road MSBU)
Dear Marie,
The above referenced special assessment bond issue is currently outstanding in the
principal amount of $505,000. Based on the information provided by the MSBU, finance
and management/budget departments, sinking fund monies available to pay debt service
currently total $340,107.96. After payment of the 11/01 interest payment, surplus funds
of $323,695.46 will be available to redeem bonds, at par, on November 1, 2005.
$340,107.96
169,193.75
-16.412.50
$323,695.46
-2,400.00
-205.000.00
$285,489.21
Current sinking fund balance
DSRA
Less 11/01/05 interest payment
Available to redeem bonds
Less bond redemption expenses
Redeem bonds
Cash balance
We would recommend the $205,000 of the surplus monies be used to redeem bonds, at
par, on November 1, 2005. This will include $65,000 bonds due November 1, 2014 and
$140,000 bonds due November 1, 2015. This would leave an outstanding principal
amount of $300,000 on the issue as of November 1, 2005.
Notice of this early redemption would need to be made by October 1, 2005, pursuant to
the bond resolution. Wachovia Bank, Jacksonville, Florida, serves as paying agent for
this issue. Please call if you need any additional information.
N~ 2:J(,C1b
Nate Eckloff
Managing Director
U~5-t.f,
Wes Bradish
Associate
Cc: Robert Freeman, Bryant Miller & Olive
Brenda Miller, Bryant Miller & Olive
, .
'-'
...."
IRBC
'--r; Dain Rauscher
. .
.
September 15, 2005
Ms. Marie Gouin
Management and Budget Director
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982-5652
RE: $230,000 St. Lucie County, Florida
Special Assessment Improvement Bonds, Series 1996
(King Orange MSBU)
Dear Marie,
The above referenced special assessment bond issue is currently outstanding in the
principal amount of $45,000, Based on the information provided by the MSBU, finance
and management/budget departments, sinking fund monies available to pay debt service
currently total $52,075,77.
$24,875.77
27.000.00
$52,075.77
-45.000,00
$7,075.77
Current cash oh hand
DSRA
Available to redeem bonds
Redeem bonds
Cash balance (available for accrued interest)
We would recommend the $45,000 of the surplus monies plus an amount necessary to
pay accrued interest be used to redeem bonds, at par, on October 1, 2005. This will
include $20,000 bonds due October 1, 2010 and $25,000 bonds due October 1, 2011.
The bond will be completely paid off as of October 1, 2005.
The County serves as paying agent for this issue. Please call if you need any additional
information,
N tth 2~J?(1b
U~$~
Nate Eckloff
Managing Director
Wes Bradish
Associate
Cc: Robert Freeman, Bryant Miller & Olive
Brenda Miller, Bryant Miller & Olive
.....
"\.,-'
AGENDA REQUEST
..",¡I
ITEM NO. lOB
DATE: September 27,2005
REGULAR
PUBLIC HEARING
CONSENT
[ X]
TO:
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Management & Budget
PRESENTED BY: Marie Gouin
SUBJECT: Purchase of Microsoft Enterprise License for Courts Administration for
$106,445.
BACKGROUND: Funding is provided for this by the $2.00 court technology fee which is
collected by the Clerk of Court for the purpose of funding technology for the
Courts.
FUNDS AVAILABLE: 107006-601-564000-6000
PREVIOUS ACTION: none
RECOMMENDATION: Staff recommends the Board approve the purchase of the Microsoft
Enterprise License.
County Attorney:
-a
,
oug Anderson
County Administrator
Coordination/SiQnatures A
Management & Budget: ~11ll11}1 Purchasing:
COMMISSION ACTION:
!XI APPROVED
[ ] OTHER:
[ ] DENIED
Approved 4-0
Comm. Coward Absent
/"
Þf//j
Orig Dept:
Central Services:
Finance: (Check for Copy only, if applicable)
PWorks: Other:
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting.
t
\..,
.."
ADMINISTRATIVE OFFICE OF THE COURTS
INTER-OFFICE
MEMORANDUM
2005-92
TO: St. Lucie County Board of County Commission
FROM: ~m Willis, Trial Court Administrator
DATE: September 21,2005
RE: Purchase of Microsoft Enterprise licensing agreement software purchase
Chief Judge Roby is requesting approval of spending $ 106,445.00 for the purchase of
microsoft software and licenses. Funding is provided for this by the $2.00 court technology fee
which is collected by the Clerk of Court for the purpose of funding technology for the Courts.
Please see the attached quote from Software House International which is a state contract
provider.
THW /khg
cc: Chief Judge William Roby
Lisa Savage, Sr. Deputy Court Administrator
Erick Mershon, Budget Analysis
Steve Shaw, Court Technology Officer
Thomas H- Wlllts, Court Administrator . 229 Courthouse Addition, 218 South Second St, Fort Pierce, Florida 34950 . (772) 462-1472
-- --
-.....
.."
.--
July 11, 2005
State Courts- 19th Judicial Circuit
Attention of: Steve Shaw
RE: Microsoft Enterprise Agreement
Dear Steve:
Software House International is excited about the opportunity to partner with the 19th
Judicial Circuit on the implementation of the Microsoft Enterprise Agreement. As you
have seen from the analysis, the 19th Judicial Circuit will realize tremendous savings in
comparison to the select level pricing that your volume would nonnally qualify.
Your Enterprise Agreement will be comprised of the following products:
~ Office Pro
~ Core CAL (Win CAL, SMS CAL, Exchange CAL, Sharepoint CAL)
~ OS Upgrades
~ 1 Visio Pro, 1 Project
A "per desktop" cost will be applied to the 150 desktops that make up the 19th Judicial
Circuit's enterprise. An annual cost for those desktops will be locked in for three (3)
years. Any new desktops added to the Enterprise must be reported on the anniversary
dates for the 2nd and 3rd year. The 19th Judicial Circuit's costs are summarized as follows:
Order Type
1 Time True-up to Supreme Court EA
Add-ons (Visio, Project, CD Sub)
Invoice Date
7/1/2005
7/1/2005
.Qty
150
Customer $
$699_00
$1,595_00
Extended CostS
$104,850.00
$1,595.00
Total
$106,445.00
Pricing for the Enterprise Agreement is per State Contract# 255-001-01-1
Sincerely,
Michael D. Bench
Account Executive
...
'-'
.....,¡
AGENDA REOL'EST
ITEM NO:
C- llA
DATE:
Sept 27, 2005
REGULAR
[ I
PUBLIC HEARING [ I
CONSENT [ XI
TO: SAINT LUCIE COUNTY BOARD OF COL"NTY COMMISSIONERS
SUBMITTED BY: Parks and Recreation
PRESENTED BY: Pete Keogh
SUBJECT: LEASE AGREEMENT - KATHERINE ENGLAND/SAVANNAS RECREA nON AREA
BACKGROL"ND:
On September 21, 2001, Saint Lucie County and Sergeant Katherine England, a Police officer with the City of
Fort Pierce Police Department, entered into an agreement to maintain her own mobile home at the Savannas
Recreation Area. In exchange for this, she would provide security to the campground and assist with problems
that arise fTom time to time. It is a beneficial relationship for both parties. The original agreement includes a
clause that extends the lease to September 24, 2007, with prior written notice by either party. This agenda
requests the BOCC's approval to extend the lease agreement through September 24,2007. Staffis requesting
that the Board authorize the Chair to sign the amendment.
FUNDS WILL BE MADE AVAILABLE IN: N/A
RECOMMENDA nON:
Staff requests approval of the first amendment to the lease agreement with Katherine England for living
space at the Savannas Recreation Area and authorize the Chairman to sign the amendment.
COMMISSION ACTION:
CONCURRENCE:
LX¡ APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Coward Absent
Doug M. Anderson
County Administrator
Originating Dept: ~
Ch Coordination/S i gnatures
I~ Management & Budget:
ftf~ OOrec Fmao"
Purchasing:
County Attorney:
(if applicable)
H:\AGENDAS 04-05\9-27-05 SAVANNAS RECREA nON_DOC
..
. .
'-"
."",(J/
FIRST AMENDMENT TO SEPTEMBER 25, 2001 LEASE AGREEMENT
THIS FIRST AMENDMENT made and.entered into this day of
, 2004 by and between ST. LUCIE COUNTY, a political subdivision of
the State of Florida, ("Lessor"); and KATHERINE ENGLAND, ("Lessee"):
WITNESSETH
WHEREAS, on September 25,2001, the Lessor entered into a Lease Agreement
with Katherine England ("England") for certain real property in St. Lucie County,
Aorjda, and further described in Exhibit "A" attached hereto, for a term of three years
commendng September 25, 2001, subject to termination upon sixty (60) days prior
written notice to the Lessee; and,
WHEREAS, the Lessee has requested an extension of the term for an additional
three years, and the Lessor is willing to grant such extension.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree to amend the Lease Agreement as follows:
1. The term of the Lease Agreement shall be extended through and including
September 24,2007, subject to termination with or without cause upon sixty (60) days
prior written notice by either party.
2. All other terms and conditions of the Lease Agreement shall remain In full
force and effect.
IN WITNESS W-HEREOF, the parties hereto have made and executed this Arst
Amendment on the dates indicated fie/ow their respective signatures.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, a political subdivision
of the State of Florida
By:
Deputy Clerk .
.
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BV:
County Attorney
~
-_. -- --------- - _._..__.~ ...- --..-. --.-. - -~--
· .,
~
WITNESSES:
Jt~ J, mL
yf>MU~
.,,,'"""--NT\U!AS2\UÞ...""...._.....
w
By:
Date: 9 - 9~05
2
'-'
....,
AGENDA REQUEST
l1li
ITEM NO:
C-IlB
DATE:
Sept 27, 2005
REGULAR
[ ]
PUBLIC HEARING [ ]
CONSENT [ X]
TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Sl:BMITTED BY: Parks and Recreation
PRESENTED BY: Pete Keogh
SUBJECT: 28TH NATIONAL BIKE ROUND UP AT THE COUNTY FAIRGROlJNDS
BACKGROUND:
The Saint Lucie County Fairgrounds has been selected as the site to host the 28th National Bike Round Up. The
event will take place during the period of July 31 - August 6, 2006. Due to the nature of the event, staff
is requesting the Board's approval to waive the 11 :00 P.M noise ordnance (Ordinance 1-13) in order to proceed
with the contract negotiation process. Based on last year's report, this six-day event will positively impact our
economy. .
FUNDS WILL BE MADE AVAILABLE IN: NI A
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant a special permit for relief of the noise and
vibration limits in Chapter 1-13, Saint Lucie County Code of Ordinances, for the 28th National Bike Round
Up to be held at the St. Lucie County Fairgrounds for the period of July 31-August 6, 2006, based upon the
following findings: (1) the activity will be of a temporary duration and cannot be done in a manner that
would comply with Chapter 1-13, and (2) no other reasonable alternative is available.
COMMISSION ACTION:
CONCURRENCE:
IX] APPROVED
[ ] OTHER:
[ ] DE1-<lED
Approved 4-0
Comm. Coward Absent
Do . Anderson
County Administrator
Coordination/Signatures
County Attorney: 'Î""'-å-"frl
Originating Dept: 7
H:\AGENDAS 04-05\9-27-05 FAIRGROUNDS BIKE ROUNDUP_DOC
Management & Budget:
Purchasing:
Other:
Finance:
(if applicable)
""
~
"wII
Agenda Request
Item Number
Date:
Consent
Regular
Public
Presentation
Leg. [
c j-Z-~
9/27/05
[X]
[ ]
[ ]
Quasi-JD [
]
To:
Submitted By:
Board of County Commissioners
Growth Management
Presented By
__~ c- 'I ___' ---~
Faye Outlaw, Assistant County
Administrator
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
Approve First Amendment to Contract No. C04-03-132 with Craig
Richardson and Clarion Associates.
See attached memo_
Funds are encumbered in: 102-1510-531000-100 (Professional Services)
Unincorporated Funds_
N\A
Staff recommends that the Board approve Amendment No_ 1 to the
consulting agreement with Clarion Associates and authorize the Chairman
to sign the First Amendment.
URRENCE:
o DENIED
Œ APPROVED
D OTHER
Douglas M_ Anderson
County Administrator
Approved 4-0
Comm. Coward Absent
Coordination/ Signatures
County Attorney
Originating Dept.:
Finance:
(k'
Mgt & Budget: ¡J.,:fI) /~
IT:
Purchasing:
Other:
¡;;/f
(Insert file
,
'-'
.....1
INTER-OFFICE MEMORANDUM
ST. LUcrE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Faye Outlaw, Assistant County Administrator
DATE:
September 19, 2005
SUBJECT:
First Amendment to Consulting Agreement with Clarion Associates -
Amendments to Land Development Code
******************************************************************************
BACKGROUND:
On March 9, 2004, the Board entered into a Consulting Agreement with Clarion
Associates to provide consulting services for land use/planning assistance to the County. The
parties desire to amend the term of the Agreement retroactively to extend it through and
including September 30, 2006. Attached to this memorandum is a proposed First Amendment.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the proposed First Amendment to the March
9,2004 Consulting Agreement with Clarion Associates. and authorize the Chairman to sign the
First Amendment.
Respectfully submitted,
Faye Outlaw
Assistant County Administrator
DSM/caf
'-"
~
FIRST AMENDMENT TO MARCH 9, 2004 CONSULTING
AGREEMENT BETWEEN ST. LUCIE COUNTY AND CLARION
ASSOCIATES
THIS FIRST AMENDMENT made this day of , 2005, by
and between ST. LUCIE COUNTY, a political subdivision of the State of Florida
(County) and CLARION ASSOCIATES, or his, its or their successors, executors,
administrators and assigns (Consultant).
WHEREAS, on March 9, 2004 the parties entered into a Consultant Agreement
(the "Agreement") whereby the Consultant agreed to provide professional consulting
services for land use/planning assistance to St. Lucie County; and
WHEREAS, the parties desire. mend the Time of Performance allowing for
additional time to complete all work. "
w· ,./1. ""'"
the paZ::g::~:~:::dE;h:~:::ra:a:s to~:t'ií~p~07onœined herein,
1. Paragraph 4. TIME OF PERFORMANCE of the Contract shall be amendment
to read as follows:
4. TIME OF PERFORMANCE
The Consultant shall complete all work on or before September 30,
2006.
2. All other terms and conditions of the original Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor
has affixed his, its, or their names, or name, and the date aforesaid.
1
~
....,J
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES
CLARION ASSOCIATES
By:
Print Name:
Print Title:
2
\
\
~
COUNTy........
~
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[jJ APPROVED
r-l OTHER
'ApProved 4-0
Comm_ Coward Absent
Cou nty Attorney
Originating Dept.:
Finance:
'-'
'wI1
Agenda Request
Item Number
Date:
C-12B
09/27/05
[X]
[ ]
[ ]
Quasi-JD [
ted By ~
ministrator
Request of Brant Shirard, Jr., for final plat approval for the project known as Shirard
Estates Subdivision, Phase II. The project is located on property on the east side of
Pulitzer Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural -
1 du/5 acres) Zoning District.
Board of County Commissioners
Growth Management
Brant Shirard. Jr., has submitted the final plat for the project to be known as Shirard
Estates Subdivision, Phase II located on the east side of Pulitzer Road, approximately 1
mile south of Orange Avenue_ The proposed subdivision contains 5 single-family lots.
N/A
On September 19, 2005, through Growth Management Order 05-024, the Assistant
County Administrator granted minor site plan approval for the project to be known as
Shirard Estates Subdivision, Phase II.
Approve the final plat of Shirard Estates, Phase II SID and authorize its final execution_
D DENIED
Douglas M_ Anderson
County Administrator
Coordinationl Signatures
Mgt. & Budget:
Environ_ Res. Div.
Purchasing:
other:
'-"
..,,;
Commission Review: September 27, 2005
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Assistant County Administrator
DATE:
September 21, 2005
SUBJECT:
Application of Brant Shirard, Jr., for final plat approval for the
project to be known as Shirard Estates Subdivision, Phase II, a 5-
lot single-family subdivision.
On September 19, 2005, through Growth Management Order 05-024, the Assistant
County Administrator granted minor site plan approval for the project to be known as
Shirard Estates Subdivision, Phase II. Mr. Shirard is proposing the development of this
parcel for 5 residential lots.
It has been determined that this plat meets all applicable provisions of the S1. Lucie
County Land Development Code and Chapter 177, Florida Statutes. In accordance with
the provisions of Section 11.03.03(0) of the S1. Lucie County Land Development Code,
this office is requesting that the Board approve the final plat for the subdivision to be
known as Shirard Estates, Phase II Subdivision and authorize its execution.
Please contact this office if you have any questions on this matter.
SUBMITTED:
hf
cc: Frank S_ Cuœurese, PSM
Brant Shirard, JL
Ron Harris
Fíle
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AGENDA REOUE,T
.TEM Nt: IS
DATE. September 27, 2005
REGULAR [X]
PUBLIC HEARING []
CONSENT []
TO.
Board of County Commissioners
,UBMlnED BY (DEPT).
Administration
,UBIECT.
Children's Services Council
BACKGROUND.
Please see attached emails
PUND, AVAILABLE:
N/A
PREVIOU' ACTION:
On June 13,2005, Kathryn Basile, Executive Director of the Children's Services Council sent
notification to Administration that council member R. DURe Nelson's term will expire as of
November 13, 2005. On August 9, 2005, the Board selected three (3) nominees for
submission to the Office of the Governor, for consideration for this apPointed position
including R. DURe Nelson who has been determined ineligible because of term limit.
RECOMMENDATION:
Staff recommends submission of the two additional applicants (Toby Philpart and Queen
Townsend) to the Office of the Governor, for consideration for the Children's Services
Council appointment.
Approved 4-0
Comm. Coward Absent
:;/(-
Douglas M, Anderson
County Administrator
COMMIIIION ACTION:
)J.APPROVED 0 DENIED
o OTHER:
Review and A......_..
County Attorney: _ Management & Budget: _
Originating Dept: Other:
Finance: (CheeR for Copy only, if applicable)
Purchasing: _
Other: _
Effective: 5/96
..
,
,Children's Services C<, 'il of St. Lucie County
'-"
"wIÎ
Page 1 of 1
Douglas Anderson - Children's Services Council of St. Lucie County
From:
To:
Date:
Subject:
"Knight, Mavis" <Mavis.Knight@MyF1orida.com>
<douga@co.st-lucie.fl.us>
9/2/2005 5: 14 PM
Children's Services Council of St. Lucie County
Dear Mr. Anderson,
Thank you for your letter dated August 9, 2005 to Governor Bush regarding the nominees from
the Board of County Commissioners for the Children's Services Council of St. Lucie County.
As we discussed today by telephone, Governor Bush has a two-term policy, which means any
person who has served two terms will not be considered for reappointment. Commissioner
Nelson has served two terms; for that reason, we have been given three names as a possible
replacement for nomination by the Board of County Commissioners. The names are Queen
Townsend, Toby Philpart, and Betty Barnes. We will forward the questionnaires to your office
next week as we receive them.
Thanks for your help.
Mavis Knight
Governor's Appointments Office
The Capitol Building
Tallahassee, Florida 32399-0001
(850) 488-2183
(850) 921-0733 Fax
mavis.knight@myflorida.com
Appointments Home Page:
< htlp :llwww.myflorida_ com/myflori¡ja/government/bushte>a m/boardsCom missionLZQ05_ hIm I>
***********************************************************
Please note: florida has a very broad public records law.
Most written communica~ions to or from state officials regarding
state business are public records available to the public and
media upon request. Your e-mail communications may -¡:herefore
be subject to public disclosure.
file://C: \Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 9/21/2005
.-.
....I
Page 1 of2
Missy Stiadle - RE: Children's Services Council of St. Lucie County
From:
To:
Date:
Subject:
"Knight, Mavis" <Mavis.Knight@MyFlorida.com>
"Missy Stiadle" <MISSY@stlucieco,gov>
9/21/2005 9:33 AM
RE: Children's Services Council of St. Lucie County
I have faxed the questionnaires to that number, please let me know if you do not receive
them,
Mavis
-----Original Message-m-
From: Missy Stiadle [mailto:MISSY@stlucieco.gov]
Sent: Wednesday, September 21, 20059:26 AM
To: Knight, Mavis
Cc: Douglas Anderson
Subject: RE: Children's Services Council of St. Lucie County
Please fax them to 772-462-1648 and I will put them on next weeks agenda
for approval to send. I will email you as soon as they have approved to
submit so that you can proceed. Thanks for all of your help have a great day!
»> "Knight, Mavis" <Mavis.Knight@MyFlorida.com> 9/21/20059:22 AM »>
Missy,
Thanks for your follow-up on the applicants for the Children's Services Council of St.
Lucie County. I just faxed to you the questionnaires for Toby Philpart and Queen
Townsend; however, I have not received a questionnaire from Betty Barnes even
though I have lefted a couple of follow-up messages for her. We are okay with your
office moving forward with the two applicants,
Again, thanks for your help in this matter.
Mavis Knight
Governor's Appointments Office
The Capitol Building
Tallahassee, Florida 32399-0001
(850) 488-2183
(850) 921-0733 Fax
mavis. knight@myflorida.com
Appointments Home Page:
http://www.myflorida.com/myflorida/government/bushteam/boa rdsCom missions_2005 ,h
file:IIC: \Documents%2 Oand%20Settings \Administrator\Local %20Settin gs\ Temp \G W} 000... 9/21/2005
'-'
..,;
Page 20[2
***********************************************************
Please note: Florida has a very broad public records law.
Most written communications to or from state officials regarding
state business are public records available to the public and
media upon request. Your e-mail communications may therefore
be subject to public disclosure.
-----Original Message-----
From: Missy Stiadle [mailtQ:JVlI$_$Y@s!:luçieco,gQI,I]
Sent: Tuesday, September 20,20059:23 PM
To: Knight, Mavis
Cc: Douglas Anderson
Subject: Children's Services Council of St. Lucie County
Hi Ms. Knight,
I was just following up on your email from September 9th regarding the questionnaires
from Queen Townsend, Toby Philpart and Betty Barnes in which you wanted them to be
replacements for Duke Nelson whom has served two terms. To my knowledge we
received no additional information on these applicants. Please advise. Thank you.
Missy Stiadle
Executive Assistant to the County Administrator
St. Lucie County
772-462-1156
file:IIC: \Documents%20and%20Settings\Administrator\Local %20 Settings\ Temp \G W} 000... 9/21/2005
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FAX COVER SKEET
GOVERNOR'S APPOINTMENTS OFFICE
PHONE (850) 488-2183
FAX (850) .921-0733
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FOR THe GOVER \lOR'S APPOINTMENT OFFICE
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QUemONNAJRE FOR GUBERNATORIAL APPOINTMENTS
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QUESTIONNAIRE
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GUBERNATORIAL APPOINTMENTS
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=OR THE GOVERNOR'S APPOINTMENT OFFICE
The Capite!. Talfahassee, Florida 32399.0001
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lb, iJl!òm¡Q!ion ð'~m t~i~ Qu;$Iic;ru¡aìre 101m be used II)' ~ Go~, o1l!œ and, wh_ appllœb!.., The !'101id8 Sc:nat~;~
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CeRTlFICA -nON
STATE OF FLORID~ CotJNTY OF
a
M~. the und~gnH Ncltery Public of Fl(niOl. ~0t1¡!!1iy Iilp~rtd
ï: Vlt.( ,who. B1IIIrbQ"'gd..œ;swcm.~jI: (1)fl1at
helsne . carI!UIy and ~IJ' ~~ fJ' ""'0 111$ In__ ro tnc fO"'QCllng
~uestîol\S: ~ !IQ! the inm"".1Icn _tain'" in sad an_ iJ: OOI'IIplQ/~ ~nd tru-: IIId (31
Ihut IWIshe ..,at, "" All ~1'OÌI1ett, tllly s~ppot'I1!'e CcHIs6lt111Gr1~ $' th.. lJ~l.d 61a11lll 11M <:If
1111 S- r:I Flcltla.
5wwrr to ~r\t'~acrlbed bFRre -
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C:-¡¡~L -:J, '-
S!¡n$W-C Qf I-IQtry Publio-ô!6'1e <>' Florida
~ (~'lA- L. ~ lc..-:....r
-I"~:. ~ DORINA ¡,..EtIKINS
~.. MYCCl&1lSSIONJ!OI~6&
.. *
EXfIflES: No~2,2006
">.~..,,¥ ~onào<I11I~IIUIIl't""""s.-
(Print. T1I'.' or s~ ~i3>i,,"..d Nø mE: tiI Ne/øt¡I PI¡ ~i,,)
My O«ÓMieeiQn ~ir"":
I"nonllly !<J\OI'In ~ 01'1
Prgdllalld Idfn:mœkn J:]
'I)po O(I~.""IÖ;:¡!fa> ProduQed,
(sell)
7
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St. Lllcie Coant, Mosquito Cont,.1 District
P.ul. A. L.wb, Ch.i.m.n
Jos.ph E. SlIIlth, Vlc. Ch.l.m..
Dou, Cow..d
'...ni. Hutchinson
Ch.is C....
Dbt.lct No. J
Dlst.lct No. I
Dlst.lct NO.2
Dlst.ict No. .
Dist.ict No. S
AGENDA
S.pt.m.... 27, 2005
I. MINUTES
Approve the minutes from the meeting held on September 13, 2005.
2e GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve warrants List No. 50 and 51
2e COUNTY AnORNEY
Impoundment No.3 Wetland Restoration - Worl:? Authorization No. 19 with Hazen and Sawyer Engineering,
P.C. _ Consider staff recommendation to approve proposed WorR Authorization No. 19 with Hazen and
Sawyer Engineering, P.C., and authorize the Chairman to execute the WorR Authorization.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1m or TOO (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
'-'"'
...J
MOSQUITO CONTROL DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 13, 2005
Tape: 3
Convened: 1: 10 p.m.
Adjourned: 1: 11 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Joseph Smith,
Doug Coward, Chris Craft
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Jim David, Mosquito Control Director, Don West Public Works Director,
Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES
It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the
meeting held August 23, 2005, and; upon roll call, motion carried unanimously:
2. GENERAL PUBLIC COMMENTS
None
3. CONSENT AGENDA
It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 47, 48 and 49.
2. COUNTY ATTORNEY
Impoundment Restoration) Seventh Amendment to May 25, 2004 Agreement with
Native Technologies- The Board approved the proposed Seventh Amendment to the May
25, 2004 Agreement with Native Technologies,lnc., and authorized the Chairman to sign
the Amendment.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
09/09/05
FZABWARR
FUND
145
146
'-'
ST. LUCIE COUNTY - BOARD
WARRANT LIST #50- 03-SEP-2005 TO 09-SEP-2005
FUND SUMMARY- MOSQUITO
TITLE
Mosquito Fund
Mosquito State I Fund
GRAND TOTAL:
EXPENSES
16,673.20
10,864.51
27,537_71
'WII
PAGE
PAYROLL
38,186.77
0.00
38,186.77
1
09/16/05
FZABWARR
FUND
145
146
~
ST. LUCIE COUNTY - BOARD
WARRANT LIST #51- 10-SEP-2005 TO 16-SEP-2005
FUND SUMMARY- MOSQUITO
TITLE
Mosquito Fund
Mosquito State I Fund
GRAND TOTAL:
EXPENSES
23,759.75
7,571.28
31,331. 03
...."
PAGE
PAYROLL
0.00
0.00
0.00
~
y/
'-'
AGENDA REOUEST
,.,
ITEM NO. C-2
Date: September 27,2005
Regular [ ]
Public Hearing [ ]
Consent [X]
TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Impoundment No.3 Wetland Restoration - Work Authorization No. 19 with Hazen and Sawyer
Engineering, P.C.
BACKGROUND: See C.A. No. 05-1558
FUNDS A V AIL. (State type & No. of transaction or N/A): Account No. 145-6230-563005 (Imp. O/T Bldg-
Consulting Engineer-6956)
RECOMMENDATION: Staff recommends that the Mosquito Control District approve proposed Work
Authorization No. 19 with Hazen and Sawyer Engineering, P.C., and authorize the Chairman to execute the Work
Authorization.
COMMISSION ACTION:
~ APPROVED [] DENIED
[ ] OTHER: Approved 4-0
Comm. Coward Absent
Dou 1 s M. Anderson
County Administrator
County Anorney:
","Dept.: ~
Finance (Check for pyonly, If applicable):
y
Coo rdination/SÎ!watu res
Mgt. & Budget.
Purchasing:
Other:
Other:
~
,
- .
4¡
'-"
....,
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: St. Lucie County Mosquito Control District
FROM: Heather Young, Assistant County Attorney
C.A. NO: 05-1558
DA TE: September 14, 2005
SUBJECT: Impoundment No.3 Wetland Restoration - Work Authorization No. 19 with
Hazen and Sawyer Engineering, P.C.
BACKGROUND:
Attached to this memorandum is a copy of proposed Work Authorization No. 19 with
Hazen and Sawyer Engineer, P.C. for wetland restoration in Mosquito Control Impoundment No.
3. Pursuant to the Scope of Services, Hazen and Sawyer will conduct a survey of the
impoundment wetlands and boundaries, obtain the necessary Environmental Resource Permit,
oversee the modifications to the impoundment, and provide an as-built survey, drawings and
certifications upon completion of the project. The lump sum cost for these services will be
fifteen thousand eight hundred twenty and 001100 dollars ($15,820.00).
RECOMMENDATION/CONCLUSION:
Staff recommends that the Mosquito Control District approve proposed Work
Authorization No. 19 with Hazen and Sawyer Engineering, P.C., and authorize the Chairman to
execute the Work Authorization.
Respectfully submitted,
~t:f>-
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to:
County Administrator
Mosquito Control Director
Finance Director
Management and Budget Director
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'WIll
WORK AUTHORIZATION NO. 19
Engineering Services
Related to Stormwater Management
C03-05-395
for
Impoundment NO.3 Wetland Restoration
Pursuant to that' certain Agreement Between County and Engineer for
Engineering Services (the "Agreement") between St. Lucie County (the "County") and
Hazen and Sawyer, P.C. (the "Engineer") dated May 13, 2003, the Engineer agrees to
provide the additional Scope of Services described in Exhibit "A" and for the additional
Compensation described in Exhibit "B". All services provided under this Work
Authorization shall be completed according to the schedule described in Exhibit "C".
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer
has affixed his, its, or their names, or name, on the dates below.
ATTEST:
MOSQUITO CONTROL DISTRICT
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
CLERK
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ENGINEER
BY: ?cd:J' .1.,g Q~
Print Name:
Hazen and Sawyer Engineers, P.C.
Patrick A. Davis
Date: 1 ?~. oS
FtPProposalsSt LucieCounty095_doc
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EXHIBIT A
ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT
IMPOUNDMENT NO.3 WETLAND RESTORATION
SCOPE OF SERVICES
Project Description
St. Lucie County maintains several impoundments within St. Lucie County. These wetland areas
are bordered by roads and natural boundaries_ Elevated areas near the boundaries are subject
to infiltration by exotics which are not desirable and can crowd the native wetland vegetation.
This project will remove elevated areas along the boundaries of Impoundment NO.3. This will
include the removal of exotics and scrape down of all elevations to a wetland level up to the
boundaries of the impoundment.
Scope
Task 1 -Survey
ENGINEER shall acquire the following surveying elements:
1. Stake and survey, including obtaining elevations for the wetland and impoundment
boundaries of 3.74 acres in Impoundment 3.
Task 2 - Permitting Services
ENGINEER shall apply for an Environmental Resource Permit for modifications to Impoundment
No. 3. ENGINEER shall prepare the application and all necessary details for the ERP
application. ENGINEER shall attend a pre-application meeting and shall address up to two (2)
RAI's (RAI's not to exceed eight (8) hours of engineer work and four (4) hours of CADD work).
Task 3 - Construction Services
ENGINEER shall oversee modifications to the impoundment. ENGINEER shall provide up to
forty (40) hours of construction services. All work beyond this amount shall be handled on a
time and material basis.
FtP-ProposalsSt.LucieCounty09S
Page 1 of 4
Exhibit A
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Task 4 - As-Built Certification
ENGINEER shall periorm an as-built survey for all areas impacted with this scope. The survey
will consist of the following items:
- 1. Periorm cross-sections on Impoundment No.3 every 200 feet within the modified area.
ENGINEER shall provide signed and sealed as-built drawings and certification documents to
FDEP.
Deliverables
1. Three (3) sets of as-built drawings.
Assumptions
1. COUNTY will provide all application and pre-application fees.
2. No other permits will be required other than the Environmental Resource Permit.
FIP' Proposals St. LucieCounly095
Page 2 of 4
Exhibit A
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EXHIBIT B
BUDGET
ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT
IMPOUNDMENT NO.3 WETLAND RESTORATION
ENGINEER proposes to complete this project for the lump sum fee of $15,820.
Additional services can be provided on an hourly rate basis in accordance with the
Continuing Services Agreement rate schedule.
Task
Task 1 - Survey
Task 2 - Permitting Services
Task 3 - Construction Services
Task 4 - As-Built Certification
Expenses
Cost
$ 3,520
$ 4,810
$ 3,400
$ 3,740
$ 350
TOTAL LUMP SUM
$ 15,820
Flp· ProposalsSt LucieCounty095
Page 3 of 4
Exhibit B
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EXHIBIT C
WORK SCHEDULE
ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT
IMPOUNDMENT NO.3 WETLAND RESTORATION
Task
Task 1 - Survey
Task 2 - Permitting Services
Task 3 - Construction Services
Task 4 - As-Built Certification
FtP·ProposaisSt.LucieCounty095
Time to Complete from Notice to Proceed
6 Weeks
14 Weeks
19 Weeks
To Be Determined
Page 4 of 4
Exhibit C
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St. Lllcie COli nt, E.osion Cont.ol District
F..nnl. HUlchln.on, Ch.l.m.n
Ch.1s c..It, Vlc. Ch.l.m.n
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Doug Cow....
P.ul. A. L.wls
DIsI.lct No. ..
Dlst.lct No. II
DIsI.lct No. t
DIsI.lct No. Z
Dlst.lct No. J
AGENDA
S.pl...... Z7, ZOOS
I. MINUTES
Approve the minutes from the meeting held on September 13, 2005.
Z. GENERAL PUBLIC COMMENT
CONSENT AGENDA
t. WARRANTS LIST
Approve Warrants List No. 50 and 51
:Ie PUBLIC WORKS - EROSION J7tO
A. Artificial Reef Grant Program: Acceptance of a $60,000.00 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef construction - Consider staff
recommendation to accept a $60,000.00 grant award from the Florida Fish and Wildlife Conservation
Commission (FWC) for artificial reef construction, approve the attached grant agreement with FWC
and execution of said grant agreement by the Chairperson.
B. Artificial Reef Grant Program: Acceptance of a $25,000,00 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef monitoring - Consider staff recommendation
to accept a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission
(FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and
execution of said grant agreement by the Chairperson.
C. RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs:
Approval of ranl:ling and permission to negotiate with the three top ranl:led firms - Consider staff
recommendation to approve the ranl:ling and permission to negotiate with the top ranl:led three firms
and allow Contracts to be brought bac!? to the Board for approval.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1m or TOO (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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EROSION CONTROL DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 13, 2005
Tape: 3
Convened: 1: 11 p.m.
Adjourned: 1:12 p.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Joseph Smith, Chris Craft
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk
I. MINUTES
It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the
meeting held August 23, 2005, and; upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
None
3. CONSENT AGENDA
It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda,
and; upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 47,48 and 49.
There being no further business to be brought before the Board, the meeting was
adjourned.
ChaiTI11an
Clerk of Circuit Court
""
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09/09/05
ST. LUCIE COUNTY - BOARD
PAGE
FZABWARR
WARRANT LIST #50- 03-SEP-2005 TO 09-SEP-2005
FUND SUMMARY- EROSION
FUND TITLE EXPENSES PAYROLL
184 Erosion Control Operating Fund 5,329.51 4,342.80
GRAND TOTAL: 5,329.51 4,342.80
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09/16/05
ST. LUCIE COUNTY - BOARD
PAGE
FZABWARR
WARRANT LIST #51- 10-SBP-2005 TO 16-SEP-2005
FUND SUMMARY- EROSION
FUND TITLE EXPENSES PAYROLL
184 Erosion Control Operating Fund 818.41 0.00
GRAND TOTAL: 818.41 0.00
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AGENDA REQUEST
ITEM NO. C-2A
Date: September 27,2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: ST. LUCIE COUNTY EROSION DISTRICT
PRESENTED BY:
Q?ut.w:l~4¥L
Richard A. Bouchard, P.E.
Erosion District Manager
SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710
SUBJECT: Artificial Reef Grant Program: Acceptance of a $60,000 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef construction.
BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine
Fisheries, annually provides grant funding for construction and monitoring of artificial reefs. The amount of
grant funding varies each year and typically includes a maximum cap of $60,000 for each application. On
March 8, 2005, the Erosion District Board approved staff's recommendation for the submittal of two grant
funding application requests to FWC; one for construction and one for monitoring. Per the attached letter
dated June 17, 2005, FWC notified the Erosion District of conceptual approval of the $60,000 grant award.
The main objective of the artificial reef construction grant is to connect two artificial reefs (concrete bridge
spans) located in the Nearshore reef site (6.8 nautical miles offshore) with concrete railroad ties,
increasing the complexity of both artificial reefs. This is consistent with the recommendation identified
within the FWC's report describing their recent dive of this reef site where they located 3 of 8 bridge spans
previously deployed in this area. Specific construction contracts associated with this grant will be brought
back to the Board for consideration in the future when they become available.
FUNDS: This grant is 100% funded by FWC with the Erosion District providing in-kind services such as
project management and oversight.
PREVIOUS ACTION:
March 8, 2005: Board approved the submittal of grant funding application request to FWC.
RECOMMENDATION: Staff recommends Erosion District Board acceptance of a $60,000 grant award
from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction, approval
of the attached grant agreement with FWC and execution of said grant agreement by the Chairperson.
COMMISSION ACTION:
[]I APPROVED
[ ] OTHER:
[ ] DENIED
Approved 4-0
Comm. Coward Absent
CONC~CE:
Do~ Andeffion
County Administrator
[x]County Attorney
[x]Originating Dept Public WOrkS~
L/Y
[x]Marine Resource Coo
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·FLORIDA FISH ~D WILDLIFE CONSERVATION C~MISSION
o¡;::;::,lI("
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RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
Enterpriæ
DAVID K MEEHAN
St. Petersburg
KATHY BARCO
Jacksonville
RICHARD A. CORBETT
Tampa
BRIAN S. YABLONSKI
Tallah88800
KENNETH D_ HADDAD. Executive Director
VICTOR J_ HELLER, Assistant Executive Director
-;¡1Æ1G:- It .Jeer-
JuJy-8tr,2004
Mark Robson. Director
(850)487'05541 TDD (850)488'9542
James Oppenborn
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
RE: Notice of Conceptual Approval for Artificial Reef Funding during Fiscal Year 2005-2006
Dear Mr. Oppenborn:
This letter constitutes approval of a $60,000 fiscal year 2005-2006 artificial reef grant request
for the deployment of approximately 1,500 tons of concrete railroad ties within the inshore artificial
reef permitted area.
Staff have begun drafting contract agreements and the project must be completed by
June 30, 2006.
Don't hesitate to call me at 850/922-4340 x209 if you have any questions.
;::9i¿tJ
JD/kjm
Jon Dodrill, Environmental Administrator
Division of Marine Fisheries Management
620 South Meridian Street Mailbox 4B2 Tallahassee, FL 32399-1600
(850) 487-0554 FAX (850) 487-4847
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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
=,1J(" .
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ø
RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
EnterpriBe
DAVID K MEEHAN
St. Petersburg
JOHN D. ROOD
Jacksonville
RICHARD A. CORBETI'
Tampa
BRIAN S. YABLONSKI
TallahaSBee
KENNETH D_ HADDAD. Executive Director
VICTOR J. HELLER. Assistant Executive Director
July 12, 2005
DIVISION OF MARINE FISHERIES
Mark 8- Robson, Director
Ray O. Williams. Asst. Director
James Oppenborn, Marine Resource Coordinator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
[õ) U U \H r~i
un 'M I 3 2005 æJ
RE: . Grant Agreement FWC-05024
Artificial Reef Construction
ENGINEERiNG
Dear Mr. Oppenborn:
Please find enclosed three (3) original copies of the above referenced Grant Agreement
for your review and signah,Jre. Please sign both the signature page (Page 8 of 8) and the form
for certification regarding debarments, suspension, ineligibility and voluntary exclusion-lower tier
federally funded transactions (Attachment E). Please sian and date all three coøies and
return all sianed coøies to me by courIer service at the followina address:
Keith Mille
FWC Division of Marine Fisheries Management
2590 Executive Center Circle East, Suite 203
Tallahassee, Florida 32301
Upon execution of the Grant Agreement by the Florida Fish and Wildlife Conservation
Commission, an original, signed copy will be returned for your file.
All work must be completed no later than June 30, 2006. The funds are for the 2005-06
fiscal year appropriation to the Commission's artificial reef program. Note that the terms of the
Grant Agreement incorporate the terms of your project as specified in your grant application,
and the requirements of Chapter 68R-9, FAC. If you have any questions regarding the Grant
Agreement, please contact me at (850) 922-4340 x207 or by email atkeith.mille@myfwc.com.
Sincerely,
KJM
Enclosures
Kei iIIe, Fisheries Biologist IV
Artificial Reef Program
620 South Meridian Street . MailboxMF-MFM' Tallahassee· FL· 32399'1600. (850)922-4340. FAX (850) 922-0463
www.marinefisheries.org
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FWC Grant No. FWC-05024
ST. LUCIE COUNTY ARTIFICIAL REEF
CONSTRUCTION PROJECT
THIS GRANT 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 ST. LUCIE COUNTY EROSION DISTRICT BOARD, whose
address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereafter "GRANTEE".
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set
forth, agree as follows:
DUTIES OF THE GRANTEE
1. Scope of Services
The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment
A, entitled "Scope of Services", attached hereto and made a part hereof.
2. Grantee Eligibility
The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be
required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION
upon request.
TERM OF AGREEMENT
3. This Agreement shall begin upon execution by both parties and end June 30, 2006, inclusive. All
work described In Attachment A, Scope of Services, must be completed no later than June 30,
2006. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution
date of this Agreement nor after June 30, 2006.
COMPENSATION
4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement.
the COMMISSION shall reimburse the GRANTEE on a cost reimbursement basis in an amount not to
exceed $60,000.
PAYMENTS
5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices,
accompanied by required reports or deliverables, and after acceptance of services and deliverables in
writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and
the GRAN.TEE's Federal Employer Identification (FEID) Number. An original and two (2) 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 for reimbursement shall be submitted following successful completion of the artificial reef
project described in Attachment A, Scope of Services, and approved by the COMMISSION prior to the
termination date of the Agreement. The GRANTEE shall not be eligible for reimbursement for services
rendered after June 30, 2006. A final invoice must be received by the COMMISSION no later than
August 15, 2006 to assure availability of funds for payment.
6. No travel expenses are authorized.
Page 1 of 8
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7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with
Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau
of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as
Attachment B).
8. For Agreements 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.
9. Invoices, including backup documentation, shall be submitted to:
Keith Mille, Fisheries Biologist IV
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries Management
2590 Executive Center Circle East, Suite 203
Tallahassee. Florida 32301
TERMINATION
10. 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.
11 . Either party may terminate this Agreement by giving written notice to the other party specifying
the termination date and justification for termination, by certified mail, return receipt requested, at least
forty-five (45) days prior to the termination date specified in'the Agreement.
TAXES
12. 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 term of this Agreement.
NOTICE
13. Unless a change of address is given, any and all notices shall be delivered to the parties at the
following addresses:
GRANTEE
James Oppenborn, Marine Resource Coordinator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
772.462.1713
oppenbori@stlucieco_aov
COMMISSION
Keith Mille, Fisheries Biologist IV
FWC Division of Marine Fisheries Management
2590 Executive Center Circle East, Suite 203
Tallahasseé, Florida 32301
850.922.4340 x207
keith.mille@fwc.state.fLus
AMENDMENT OR MODIFICATION
14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
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.
Page 2 of 8
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RELATIONSHIP OF THE PARTIES
15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or
employee of the COMMISSION.
16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
17. The parties agree that there is no conflict of interest or any other prohibited relationship between
the GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
18. 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 Contract, 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
Contract 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.
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_
19. 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.
CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES
20. 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
21. The GRANTEE shall maintain accurate books, records, documents and other evidence that
sufficienlly and properly reflect all direct and indirect costs of any nature expended in the performance of
this agreement, in accordance with generally accepted accounting principals. 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 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 contract. In the event any work is subcontracted,
Page 3 of 8
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the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for
audit purposes.
LIABILITY
22. 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
23. 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
24. 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 AGAINST LOBBYING
25. The GRANTEE certifies that no Federal appropriated funds have been paid or will be paid, on or
after December 22, 1989, by or on behalf of the GRANTEE, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal,
amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal
funds are used for lobbying activities as described above in connection with this Contract, the GRANTEE
shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of
any material changes. The GRANTEE shall require the language of this certification to be included in all
subcontracts, and all subcontractors shall certify and disclose accordingly.
26. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering
into any subcontracts under this Agreement with any organization described in Section 501 (c)(4) of the
Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage
in lobbying activities prohibited by the Act as a special condition of the subcontract.
27. 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.
NON-ASSIGNMENT
28. This Agreement is an exclusive agreement for services and may not be assigned in whole or in
part without the written approval of the COMMISSION.
PERFORMANCE AND REMEDIES
29. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by
the COMMISStON.
Page 4 of 8
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30. 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
31. 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
32. 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
33_ As consideration of this Agreement, the parties hereby waive trial by jury in any action or
proceeding brought by any party against another party pertaining to any matter whatsoever arising out of
or in, any way connected with this Agreement.
DIVISION OF MARINE FISHERIES MANAGEMENT REQUIREMENTS
34. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the
procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a
minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or
less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5)
potential subcontractors for any subcontracts required for Agreements in excess of $25,000.
35. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule
(SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 34.
36. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications.
All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager,
prior to public advertisement or distribution.
37_ The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for
approval within ninety(90) days following the execution date of this Agreement.
38. Any request to use a sole source vendor by the GRANTEE must be requested and justified in
writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source
subcontract under this Agreement.
39. A summary of the vendor replies and recommended subcontractor must be sent by the
GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any
subcontracts under this Agreement.
40. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued
as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing_
Page 5 of 8
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41. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration
Program funding in any publicity related to this Agreement.
42. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for
any artificial reef construction that occurs as a result of this Agreement.
43. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E-
9, Florida Administrative Code during the term of this Agreement.
44. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and
regulations in providing goods or services to the COMMISSION under the terms of this Agreement;
including the general and special conditions specified in any permits issued by the Department of the
Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE
further agrees to include this as a separate provision in all subcontracts issued as a result of this
Agreement.
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
45. The Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients
of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97,
Florida Statutes. In addition, recipients and subrecipients (GRANTEE) 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 C, titled "Requirements of
the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as
applicable.
CERTIFICATE OF CONTRACT COMPLETION
46. The GRANTEE will be required to complete a Certificate of Contract Completion form when all
work has been completed and accepted. This form must be submitted to the COMMISSION's Contract
Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract
Manager shall submit the executed form with the invoice to Accounting Services.
FEDERAL FUNDS
47. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service,
Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be
responsible for complying with all federal grant requirements as provided in this Agreement, a copy of
which is attached hereto and made a part of as Attachment D. It is understood and agreed that the
GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or
employee without the prior written approval of the U.S. Fish and Wildlife Service.
DEBARMENT AND SUSPENSION
48. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall
agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier contract, or
other covered transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the
grant award_
Page 6 of 8
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49. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and
return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part
hereof as Attachment E
50. As required by paragraphs 48 and 49 above, the GRANTEE shall include the language of this
section, and Attachment E in all subcontracts or lower tier agreements executed to support the
GRANTEE's work under this Agreement.
RIGHTS IN INTELLECTUAL PROPERTY
51. All items, materials or products, of any description, produced or developed by the GRANTEE for
the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the
COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected
as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall
have any proprietary interest in the products and materials developed under this Grant Agreement.
Because Federal funding is involved in support of this Grant Agreement, the Federal Government also
reserves a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work
(including any future versions, updates and improvements), and to license the same rights and use to
agencies and subdivisions of the Federal Government. Publishing rights to the information resulting
from this grant agreement are hereby granted to the GRANTEE, and to any not-for-profit subcontractors.
ENTIRE AGREEMENT
52. This Agreement represents that 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_
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Page 7 of 8
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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
EROSION DIS'IRIcr
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
By:
(Authorized Signatory')
By:
Director, Division of Marine Fisheries Management
or Designee
(Print Signatory's Name and Title)
Date:
Date:
(Grantee)
2300 Virginia Avenue
(Address)
Fort Pierce. Florida 34982
(City, State, and Zip Code)
(Federal Employer Identification Number)
Approved as to form and legality:
!LJ.JcA~
Reimbursement Check Remittance Address:
(Address)
(City, State, and Zip Code)
*If someone other than the Chairman signs this Agreement, a statement or other document authorizing
that person to sign the Agreement on behalf of the County must accompany the Agreement.
List of Attachment.s included as part of this Agreement:
Attachment A
Attachment B
Attachment C
Exhibit 1
Scope of Services
Comptroller's Contract Payment Reauirements
Reouirements of the Federal - Florida Sinale Audit Acts
State and Federal Funds Awarded throuah the Florida Fish and Wildlife
Conservation Commission
Federal Aid Compliance Reauirements
Certification Reaardino Debarment/Suspension
Attachment D
Attachment E
Page 8 of 8
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A TT ACHMENT A
SCOPE OF SERVICES
ST. LUCIE COUNTY ARTIFICIAL REEF DEVELOPMENT PROJECT 2005-2006
Inshore Reef Site #2
St. Lucie County proposes to deploy approximately 1,500 tons of concrete railroad ties to be
stacked in three separate piles (one barge load for each stack). Each railroad tie is approximately
1 foot by 1 foot by 8 to 10 feet long and weighs approximately 650 pounds. Material placement
and positioning will be strategically perfonned to place the three piles between two existing 95
ton concrete bridge spans located 324 feet apart. The piles will be spaced approximately 50 ft.
apart £Tom each other and each pile will measure approximately 90 feet wide by 35 feet long and
10 feet high.
The railroad tie patch reefs are proposed to be placed on St. Lucie County's Site #2 Artificial
Reef Site. This is a rectangular pennitted zone measuring 6,000 feet on a side, in a north-south
orientation, encompassing 826 acres in federal waters off St. Lucie County. This site is pennitted
to St. Lucie County by the U.S. Department of the Anny, Corps of Engineers Pennit Number
2004-1769 (IP-JBH), which is valid until April 29, 2010. The proposed deployment location
within this pennitted area is located approximately 6.8 nautical miles on a bearing of 105° £Tom
8t. Lucie Inlet. The proposed series of three patch reefs will be located în the northwest quadrant
of the pennitted area in approximately 55 feet of water. The three railroad tie patch reefs will be
deployed between the existing bridge spans located at 27° 26.630' N; 80° 10.188' W and 27°
26.630' N; 80°10.248' W.
The reef construction activity to be funded consists ofthe following elements:
LOADING AND TRANSPORTATION
1. Loading and transportation of approximately 1,500 tons of pre-cast concrete secondary use
materials, concrete designed units, or other concrete structures acceptable to the
COMMISSION.
2. Load the concrete materials onto a suitable conveyance and transport to a site for loading
onto a barge or other suitable vessel for offshore movement. Load the structures onto a
vessel for transportation to the designated reef site. Provide a sufficiently powered transport
or towing vessel, personnel, and all necessary equipment to transport the material offshore
and deploy it. Reef material loaded on to the transporting vessel must be properly secured in
compliance with Coast Guard standards to allow for its safe transport to the reef construction
site.
3. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest
form to be maintained onboard the vessel at all times during transport of materials, pursuant
to Chapter 370.25, Florida Statutes.
Page 1 of 5, Attachment A
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DEPLOYMENT AND MATERIAL PLACEMENT
4. During the deployment of the concrete reef material, the transport vessel must be effectively
moored through double anchoring, be spudded down, or otherwise be held securely in place
with minimal movement (+/-50 feet) to ensure accurate placemel}t of the concrete patch reef
on the bottom. For this project (FWC-05024) we suggest considering using divers to attach
mooring lines to the existing bridge spans to ensure the barge stays on location, and material
is not placed on top of the existing material. Material must be arranged to provide habitat
complexity as well as provide sand bottom forage area opportunities. Individual reef
materials should not be widely scattered. Any machinery used to move and deploy the reef
materials should be sufficiently powered/maneuverable and capably operated to ensure
timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all
U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate
Global Positioning System (GPS) unit and other marine electronics including a working VHF
radio. Effective and reliable communications shall exist at all times between the transport
vessel, and the designated GRANTEE observer on site. Deployment operations will only be
initiated when sea height in the operations area is no greater than two to four feet as forecast
by the nearest NOAA weather office. Either the GRANTEE's observer or the
subcontractor's vessel captain reserves the right to suspend off-loading operations if
positioning and other deployment objectives, including safety of personnel and equipment,
are not being met.
5. The reef material under this Agreement will be strategically placed as three separate piles
between two existing 95 ton concrete bridge spans located 324 feet apart. The piles will be
spaced approximately 50 f1. apart from each other and each pile will measure approximately
90 feet wide by 35 feet long and 10 feet high.
6. At least 30 feet vertical clearance shall be maintained at Mean Lower Low Water above the
highest point of the reef material (in accordance with special condition no. 10 of permit SAJ-
2004-1 769(IP-JBH».
7. The GRANTEE's Contract Manager shall oversee the temporary marking of the reef
deployment location in advance of reef materials deployment in order to assist the
subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12
inches in diameter, clearly visible to the tug captain, and sufficiently anchored and with
sufficient scope so that they will not drift off the designated deployment site prior to
deployment. The COMMISSION will not pay for materials placed outside the permit area as
described above. Precise GPS placement of marker buoys that do not shift position with time
will also be important to insure the reef is constructed within the permitted area.
8. The GRANTEE's Project Manager or GRANTEE's employee designated as an official
observer shall remain on site during the entire deployment phase of the operation and
confirm the GPS coordinates of the individual placements as well as the maximum vertical
relief of the constructed reefs using a fathometer after the reef construction has been
completed.
Page 2 of 5, Attachment A
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9. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the
deployment area, with the pennitted site indicated on the chart. The proposed patch reef
coordinates and the corner coordinates of the reef site will also be in possession of the
GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall
also be in possession of a copy of the Anny Corps pennit for the area where the deployments
are taking place. The GRANTEE shall be responsible for insuring that all pennit condition
tell11S are complied with.
10. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the
saltwater artificial fishing reef project before, during, and after the deployment.
ALLOW ABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT
II. Funds ITom this Agreement may be expended on the activities listed pursuant to Chapter
68E-9.004(l )(a), F.A.C.
12. If the GRANTEE chooses to conduct a post-deployment SCUBA assessment at each patch
reef (this is not required, but is an eligible activity under Chapter 68E-9.004(I )(a), F.A.C.), in
order to be eligible for reimbursement work must be completed prior to June 30, 2006 and
the following items, at a minimum, must be included:
a. methods: name and type of vessel, anchored or live boated, type of GPS unites),
divers, survey methods;
b. conditions: cloud cover, wind speed and direction, sea conditions, visibility, water
temperature, currents;
c. chronology: start and end of each dive; dive profile: dive plan, maximum depth,
dive time, distance and bearing searched;
d. Coordinates: Describe the GPS unites) used to navigate to the site (model
number). Describe whether differential, W AAS, and/or LORAN. Compare the
dive locations to deployment location numbers. How well do they match the
published numbers?
e. Physical observations: Describe the number and size of material observed within
each patch reef. What is the proximity of concrete pieces or modules to each
other. What percent material was damaged or partial1y damaged? What is the
maximum and minimum relief of the site? How do these observations compare to
the Material Placement Report Fonn infonnation submittal?
f. Footprint area: Measure the approximate total area covered by each patch reef
through standard in situ survey practices.
g. Biological observations: Describe any fish observed, or other general biological
observations.
h. Video and photographs: Provide still and/or video footage of each of the eight
patch reefs (digital fonnat preferred when available).
13. Funds ITom this Agreement may not be expended on salaries, training, or parts replacement
or repairs to rented or contractor owned equipment. Documentation of expenses and survey
reports must be submitted with the closeout package in order for reimbursement to be made.
Page 3 of S, Attachment A
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LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS
14. Upon initiation of the handling and movement of these artificial reef materials by the
GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling,
storage, transportation and deployment of the materials shall be bome by the subcontractor.
This liability, assumption of risk and responsibility shall remain with the subcontractor until
the materials are deployed at the pennitted reef site in accordance with the specifications in
this Agreement.
PAYMENT SCHEDULE
15. The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the
fonn of a single final payment for the allowable costs incurred under this Agreement
following satisfactory completion of the project and submission of all required project close
out documentation, no later than the ending date ofthe Agreement. A timely reimbursement
request following completion of actual field operations is strongly encouraged. The
GRANTEE shall not be eligible for reimbursement for services perfonned after June 30,
2006. A final invoice must be received no later than August 15, 2006 to assure the
availability of funds for payment.
REPORTING, PERFORMANCE, AND PUBLICATIONS
16. Written or electronically transmitted progress reports must be sent to the COMMISSION's
Contract Manager at no less than 60 day intervals beginning from the date of execution of
this agreement.
17. A final field report providing the designated observer's narrative of the reef
deployment operation is required prior to reimbursement. The field report shall include
a written chronology and narrative describing the deployment. The final field report should
include video footage or photographs (underwater and/or surface), if available.
18. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager
within 30 days of field operations completion. The Materials Placement Report shall reflect
an accurate material tonnage for the reef deployed as well as a detailed description of the
type, number, dimensions and individual weights of the various sizes of reef materials
deployed. This infonnation may be submitted on the materials placement report in lieu of
taking loaded and unloaded barge measurements. If accurate individual weights of concrete
units cannot be obtained or are not known, barge displacement measurements are required.
The GRANTEE's Project Manager or GRANTEE employed designee shall then record the
waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4)
comers to calculate the average displacement of water due to the weight of the artificial reef
materials. The same barge measurements must be taken by either the GRANTEE's Project
Manager or GRANTEE-employed designee when the barge returns to shore after the
deployment has been completed. These measurements may not be taken while the barge is
offshore at the deployment site. The barge measurements are to be included in the Materials
Placement Report.
Page 4 of 5, Attachment A
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19. Any published articles related to this artificial reef activity should reflect the role of the
USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this
activity.
REST OF PAGE INTENTIONALLY LEFT BLANK
Page 5 of 5, Attachment A
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ATTACHMENT B
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 tenninated. Documentation must be provided to
show compliance with Department of Management Services Rule 60A-1.0 17, 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.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State
University system or the State Community College system, the agency receiving the contract or grant moneys shall
charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other
cost not required for the payment of direct costs.
Page I of 1, Attachment B
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ATTACHMENT C
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 OMS 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 OMS Circular
A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions
OMS 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 tiscal year and elects to have an audit conducted
in accordance with the provisions of OMS 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) 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
Page 1 of3, Attachment C
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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 (Le., 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
None
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:
Trevor Phillips, Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian SI.
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 10th 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 letters issued by
the auditor, to the Commission at the following address:
Trevor Phillips, Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian SI.
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 directlv to each of the following:
The Commission at the following address:
Trevor Phillips, Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S_ Meridian St.
Tallahassee, FL 32399-1600
Page 2 of 3, Attachment C
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The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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
OMS 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, Trevor Phillips. by phone at (850) 488-6068 or by email at
trevor _ philips@mvfwc_com
PART IV: 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.
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Page 3 of 3, Attachment C
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EXHIBIT - I
FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS-AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Agency:
Federal Program:
CFDA Number:
State Agency:
State Program:
Recipient:
Amount:
u.s. Fish and Wildlife Service
Federal Aid in Sport Fish Restoration Program
15.605
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries Management Artificial Reef Grants Program
St. Lucie County
$ 45.000 (75% of total project amount of $60,000)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Only the goods and/or services described within the attached Agreement and Attachment A are
eligible expenditures for the funds awarded.
2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code
must be complied with in order to receive funding under this Agreement.
3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to
this artificial reef project.
STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING FUNDS FOR FEDERAL PROGRAMS·:
State Agency:
State Program:
State Funding Source:
*Federal Agency:
*Federal Program:
*CFDA Number:
Recipient:
Amount:
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries Artificial Reef Grants Program
Marine Resource Conservation Trust Fund
U.S. Fish and Wildlife Service
Federal Aid in Sport Fish Restoration Program
15.605
St. Lucie
$ 15,000 (25% of total project amount of $60,000)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act):
None. - State funds are for Federal Match only_
COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Same as federal
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97, Florida Statutes, require
that the information about Federal and State projects included in Exhibit I be provided to the recipient.
Page 1 of 1, Exhibit 1
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Attachment D
FISH AND WILDLIFE SERVICE \.
STATE GRANT PROGRAMS
'tltl Gr.nt Proorama
Chaoter 1 Summerv
(
1,1 Pur po.., The purpose of Ihis chapler Is 10 summarize
guidance on Ihose requiremenls generally applicable 10
granl programs,
1.2 Applicability and Scope, In accepting Federal lunds,
Slales and other granlees musl comply wllh all applicable
Federal laws, regulallons, and policies. This chapter Is nol
ail-InclusIve. Exclusion of any specific requlremenl does not
relieve grantees of Ihelr responslblllly for compliance,
Copies of reference materials can be obtained from the
Regional Offices. Guidance on Ihe following requirements Is
conlalned In this chapler.
A. NondIscrimination Requlremlnts.
_ Title VI 01 the Civil Rlghls Acl 011964
. Section 504 ollhe Rehabilitation Act 011973
_ Age Discrimination Act of 1975
_ Tille IX of the Educallon Amendments 011972
B. Environmental R.qulrtm.nta,
_ Coastal Zone Management Act of 1972
. Executive Order 11987. Exotic Organisms
Endangered Species Act of 1973
National Environmental Policy Act 011969 (NEPA)
Floodplains and Wellands ProtecUon
Animal Wellare Act of 1985
_ Coastal Barrier Resources Act 011982
C. Historic and Cultural Pre.trvallon Requlremenls.
_ National Hislorlc Preservation Act 011966
D. Admlnlstrltlve Requirements.
_ Uniform Re,location Assistance and Real Property
Acquisition Policies Act 011970
. Debarment and Suspension
_ Drug-Free Workplace Act 011988
. Restrictions on Lobbying (P.L. 101-121)
1.3 Title Viol the Civil Right. Act 011964 (42 U.S,C.
2000(d)),
A, Summary, ProhlbilS discrimination based on race, color,
or nalional origin In any 'program or activity receiving
Federalllnanclal assislance.'
B.Referenc..,
(1) Regulal10ns of the Deparlmenl 01 the Inlerlor (43 CFR
Part 17)
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Pert 523 Federal Aid Comoll,nce Raaulremen.1l.
523 FW 1.1
(2) U,S. Fish and Wildlife Service Guidelines for Compliance
with Federal Nondiscrimination Requirements
(3) U,S, Fish and Wildlife Service Federally Assisted
Program Implementation Plan
C. Requirements.
(1) Grantees may nol. on Ihe basis 01 race. color, or
national origin, select, locate, or operale proleot facilities
which will serve to exclude or limll opporlunity lor use or
benefits.
(2) Grantees shall make reasonable efforts to Inform the
public 01 opportunities provided by Federal Aid prolects and
shall Inform the public that Ihe prolects are sublect to Title VI
compliance,
(3) Though employment practices are not In themselves
subject to Title VI, Title VI does apply to employment which
may affect the delivery 01 services to beneficiaries 01 a
tederally asslsled program. For the purpose of Title Vt.
volunteers or other unpaid persons who provide servIces 10
Ihe public are included.
1.4 Section 504 01 the Rehabilitation Act of 1173 (29
V.S.C.785)
A. Summary. Ensures that no qualllied handIcapped
person shall, on the basis of handicap, be excluded from
particIpation in, be denied Ihe benelits of, or be subjec:ted to
discrimination under any program or activlly receiving
Federalllnanclal assistance.
B. RererencII.
(1) Regulations ollhe Deparlment of Ihe Interior (43 CFR
Part 17)
(2) U.S. Fish and Wildllle Service Guidelines lor Compliance
with Federal Nondiscrimination Requirements
(3) U.S. FIsh and Wlldllle Service Federally Asslsled
Program Implementation Plan
C. Aequlrement.-
(1) Granlees may not deny a qualified handicapped person
the opportunity to participate In or bAnê/lt from Federal Aid
prolect faciliUes or services afforded to others.
(2) Grantees may nol deny a qualllled handicapped person
Ihe opporlunlty 10 participate as a member 01 a planning or
advisory board.
(3) The location ot facilities shall nol have the eNect 01
excluding handicapped persons from, deny them Ihe benelils
01, or otherwise sublect them 10 discrimination under any
Federal Aid plolec\.
1.5 Age Dlacrlmlnatlon Act 01 1nll (42 U.S,C, &101)
STATE GRANT PROGRAMS
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~TATE GRANT PROGRAMS
Btate Grant Proarama
ChaDter 1 Summlrv
Ao Summery, Prohibits discrimination on the basis of age
In programs or activities receiving Federal financial
assistance.
B. Relerenc...
(1) Regulations of the Department of the Interior (43 CFR
Part 17)
(2) U.S. Fish and Wildlife Service Guidelines for Compliance
with Federal Nondiscrimination Requirements
(3) U.S. Fish and Wlldllle Service Federally Assisted
Program Implementation Plan
e. Requirement., No person In the United States shall, on
the basis of age, be excluded Irom participation In, be denied
the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
However, a granlee Is permlUed to take an action otherwise
prohiblled if the action reasonably takes Into account age as
a faclor necessary to the normal operation or achievement 01
any statutory ob/ecllve 01 a program or activity.
1.' TIUI IX of the EducIUon Amendmente 01 1872 (20
U,S,C, 1111, .t,ltq,)
A. Summary. Prohibits discrimination on the basis 01 sex in
any education program receiving Federal financial
assistance.
B. Refer.nt..,
(1) Regulations of the Department of the Interior (43 CFR
Part 17)
(2) U.S. Fish and Wildlife Service Guidelines lor Compliance
wllh Federal Nondiscrimination Requirements
C. Requirements. No person in the United States shall, on
the basis 01 sex, be excluded from participation in, be denied
the benefits of, or be subjecled to discrimination under any
education program receiving Federallinanclal assistance.
For the purpose òf Tille IX, hunter education and aquatic
education project activities are considered education
programs.
1,7 COllta' Zone M.n.g.mlnt Act 01 U72 (18 U.S.C.
1451 It, nq,)
A, Summ.ry, The Act Is Inlended 10, 'preserve, protect,
develop, and where possible, to restore or enhance, the
resources ot the Nation's coastal zone...·
B. Rtlerlnc... Regulations 01 the Department of
Commerce (15 CFR 930).
e, Requirements, Federal Aid prolects, which would
'slgniflcanl1y affecllhe coastal zone' must be consistent with
the approved State management programs developed under
the Ac\. Prior to submitting a Granl Proposal lor a prolect in
the coastal zone of a State with an approved Coastal Zone
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P.rt 523 Federal Aid ComDII.nce R.aulrement.
523 FW 1,!A
Management Program, the proposed prolect must be
reviewed for consislency with the management plan.
GrantelS may be required 10 submit a stalement allestlng to
conformance with Ihe Coastal Zone Management Plan.
1.11 EXlcutlv. Order 119117, Exotic Organisms,
A. Summary. Federal agencies shall discourage Ihe Slales
Irom introducing exotic species Inlo natural ecosystems of
the United States. In addition, Federal agencies will reslrlct
the use of Federallunds for the purpose of Inlroduclng exotic
species inlo ecosystems oulslde 01 Ihe Uniled States.
B, Relerenc.., Executive Order 11987, Exotic Organisms,
42 FR 26949 (May 25. 1977)
C, R.qulr.m.nts,
(1) Any proposal lor Ihe Introduction 01 an exotic species
Into a nalural ecosystem by a Slale fish and wildlife agency
musllnclude a biological opinion Irom Ihe U.S. Fish and
Wildllle Servlc, supporting Ihe proposed introduction.
(2) To obtain a biological opinion, th, Slale agency shall
provide th, Regional Director with a written request lor the
opinion together with any available Information Including, but
not limited to, NEPA documenls, biological data, and project
plans. (3)
Alter receiving a biological opinion, il will be the
responsibility 01 Ihe State agency 10 adhere to the
recommendations outlined In that opinion.
1.9 Endangered Sp.cln Act of 1973 (11 U,S.C.
153,.,534),
A. Summary, Actions lunded under the Federal Aid
programs must not jeopardize Ihe continued exlslence of any
endangered or Ihreatened species, or result in the
deslructlon or adverse modification 01 the habitat of the
species.
B. Rel.rence, Seclion 7 Consultation Requirements, 43 FR
870 (Jan. 4, 1978).
C. Requlrlment.. The Regional Director musl ensure that
Federal Aid projects are nolllkely to leopardlze the
continued existence 01 endangered or Ihreatened species or
result In Ihe destruction or adverse modification of crillcal
habitat. For prolects which may affecl an endangered or
threatened species, either beneficially or adversely, a tormal
Secllon 7 consultation Is necessary. The Slate Is r(lquired to
name th8 IIsled speclee and/or critical habitat Included; iisl
the name, descrlpllon, and location 01 the area; list
objeclives 01 -Ihe actions; and provide an explanallon of Ihe
impacts 01 the actions on a listed species or its critical
habilat.
1,10 National Environmental Polley Act of 1969 (42
U.S,C.4321·4347),
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ST"TE GRANT PROGRAMS
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STATE GRANT PROGRAMS
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'tit I QrantProClraml
Chaotar 1 SummarY
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A, Summary, Aequireathat every proposed Federal action
be examined to determine the effects (benellcial or adverse)
II will have on the human environment and Ihalthe findings
be considered in decisions regarding Its Implementallon,
8. Referene..,
(1) Regulations 01 the Council on Environmental Quality
Implemenllng the procedural provisions 01 NEPA, (40 CFR
1500·1508) .
(2) Departmental Manual, Environmental Quality, Part 516.
(3) Fish and Wildlile Service Manual, Nalional
Environmental Policy Act, Part 550.
(4) National Environmental Policy Act Handbook for Federal
Aid Projects. The Asaistant Dlrector·Flsh and Wildlile
Enhancement Is aulhorized,to promulgate the National
Environmental Policy Act Håndbook tor Federal Aid Projects.
C. R.qulrem.ntl. Each acllon proposed lor Federal
funding must Includ. an Environmental Assessment lEA),
Environmental Impact Statement (EIS), or show that the
proposed activity Is covered by one or more categorical
exclusions. For specific requirements and procedures, see
Nallonal Environmental Policy Act (NEPA) Handbook lor
Federal Aid Projecls.
1,11 Floodplalnl Ind Wltlandl protlctlon.
A, Summary, Federal Aid lunds may not be used for
prolects affecting floodplains or wetlands unless there Is no
practical alternative outside the Iloodplain or wetland and
only if acllons are taken to mlnlmlz~ the adverse effects.
8, Rlter.nees.
(1) Executive Order 11988, Floodplain Management, 42 FR
269511May 25,1977).
(2) Executive Order 11990, Protecllon 01 Wellands, 42 FR
26961 (May 25,1977).
(3) Department of Interior Procedures for Implementation,
520 DM 1.
(4) Natural Resources Protection, 613 FW.
C. Requlnmtnta. The Execullve orders on floodplains and
wetlands require Federal agencln to review proposed
acllons to ensure Ihat thell are no practical allernaUves
oulslde thelloodplaln or wetland, and to ensure that
potenllal harm is minimized. If there are no pracllcal
alternatives to proposed proleet. in floodplains or wellands,
acllons 10 minimize Ihe adverse elfects should be
incorporaled Inlo the prolect plans.
1,12 Animal Wlltarl Act Of 1911, 7 U,S.C. 2131, at nq.
A. Summlry, Requlrn the humane Ireatment of animals
(exclusive 01 IIsh) used In research, experimentation, testing,
and teaching.
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Part 523 Fld.ral Aid Comallance R.aulr.mlntl
523 FW 1,10A
8, Rtlmnc... Regulations ot the Department of
Agriculture, Animal and Plant Health Inspection Service
(APHIS). 9 CFR Parts 1,2 and 3154 FA 36112 IAug, 31 ,
1989).
C. Rtqulremlntl, Grantaes who use Federal Aid funds to
conduct covered management or research or who engage In
interstale shipment of animals should contact the local
Animal and Plant Health Inspection Service (APHIS) office
tor instrucllons. A list 01 the APHIS offices may be obtained
from the Regional Offices.
1,13 Coltta' Blrrllra Rllourc.. Aet of 1112 (18 U.S,C.
3501), IIlmlndtd by thl COlltal Barrllr Improvlm.nt
Act of 1110 (P,L. 10H!lI)
A. Summary, The purpose 01 the Acls are ·...to minimize
the loss 01 human life, wastelul expenditure 01 Federal
revenues and damage 10 IIsh and wildlife, and other natural
resources associated wilh coastal barriers...·
B, Raltrenc.., U.S. Fish and Wildlife Service Advisory
Guidelines, 48 FR 45664 lOcI. 6, 1983).
C. R.qulrements. Activities conducted within a unit of Ihe
Coastal Barrier Resources Sy.temmust meet the
requirements of section 6 01 the Act. Section 8 requires
consultation with Ihe Service, via the appropriate Regional
Office.
1,14 National Historic Prnervltlon Act 011918, 11
U,S,C, 470.
A, Summlry. Federal agencies may not approve any grant
unless the project Is In accordance wilh nallonal policies
relating to Ihe preservation 01 historical and culturat
properlles anel resources.
B. RlfarlnelS.
(1) Nallonal Register 01 Historic Places (36 CFR 60).
(2) The Archeological and Historic Preservation Act 011974,
16 U.S.C. 469a.
(3) Procedures for the Prolectlon 01 Historic and Cullural
Prop8llles (36 CFR 800).
(4) Determinations 01 Eligibility lor Inclusion In the Nallonal
Register 01 Historic Places (36 CFR 63). .
(5) Criteria lor Comprehensive Statewide Hlsloric Surveys
and Plans 136 CFR 61).
(6) Cu1\ural Resources Protection, 614 FW,
C. Requirements.
(1) Slates musl consult with Ihe Slale Historic Preservation
Officer (SHPQ) lor those activities or prolects Ihat are
de lined as undertakings under the National Historic
Preservation Ac\. An undertaking Is dellne!! as a prolect,
acllvlty, or program that can result In changes In the
~"n/n ¡:WLI 081
STATE GRANT PROGRAMS
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'STATE GRANT PROGRAMS
Btlt. Orlnt Proarlml
ChlDt.r 1 Summ.rv
character or use 01 properlles that are listed on or potenllally
eligible for listing on Ihe National Register 01 Historic Places
INational Register) and located within the project's area of
potential ell eel. Undertakings include new and conllnuing
projects, activities, or programs and any of their elements
not previously considered under Section 106 of the National
Historic Preservation ....ct.
(2) In cases where a Federal ....id project has been
determined to be an undertaking, the State must nollly the
appropriate Service Regional Director lor guidance on how
to proceed with Secllon 106 compliance. Based on the
results 01 the consultation between the State and SHPO, the
Service will determine the need and level of Inventory to
identify historic properties that may be aHected by the
undertaking and to gather sufficient Inlormatlon to evaluate
whether these properties are listed or are eligible lor listing
In the National Register.
(3) Where completed inventories indicate Ihat idenlified
historic propertlel may be affected by the undertaking, the
State shall be responsible for submiUing the necessary
documentation to the appropriate Regional Dlreclor for
review. As necessary, the Service shall seek delermlnations
01 eligibility for those properties thai are to be atlected by
the proposed activity.
(4) If a State is advised by the SHPO that an undertaking
will adversely affect a property that is eligible for or listed on
Ihe National Register, the State shall ask Ihe appropriate
Regional Director to determine measures for mitigating or
avoiding Impacts. This may require the development of a
memorandum ollgr88ment among Ihe Service, State, and
Slale Historic Preservation Officer to address specific
measures that will be employed to avoid or minimize adverse
effects to historic properties located within Ihe area of
polential eHect. Adverse effects that may diminish the
character and integrity of historic properties Include:
(I) Physical destruction, damage..or alteration of all or part
01 the property;
(b) Isolallon of the property from or alteration of Ihe
character of the property's setting when that character
contribules to the property's qualification for the National
Register of Historic Places;
(c) Introduction of visual, audible, or atmospheric elements
that are oul 01 characler with the property or alter its selling;
(d) Neglect of a property resulting In its delerloration or
destr uction; and
(e) Transfer, lease, or sale 01 the historic property.
(5) If a previously unknown property Ihatls eligible for
IIsllng on the National Reglater II discovered at any time
during the Implementation period of a Federal Aid project,
the Regional Director must ba noll1led and all actions which
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Put 523 Feder.' Aid ComDllancl Rlaulremlntl
523 FW 1,14CI21
may adversely eNect it must be suspended. The Service
shall provide Ihe State with instructions on how to proceed,
1.15 Uniform RIIDcltlon AIIlstance Ind Rsal Property
Acquisition Pollcl.. Act of 1870, II amendld (42 U,S.C,
4801)
A, Summery, Federal agencies may not approve any grant
unless the grantee prøvldel Assuranc81 thai It will comply
with the ....ct Prices to be paid for lands or Interests In lands
must be lair and reas.onable (except when the price Is fixed
by law, or when the lands are to be acquired at public
auction or by condemnation and the value determined by the
court). Persons dllplaced from Iheir homes, businesses,
and farms must receive relocation services, compensation,
and lair equitable Ireatment.
B. Referencn.
(1) Deparlment 01 Interior Uniform Relocation Assistance
and Real Property ....cquisltlon Regulations (41 CFR 114·501.
(Z) Department of Transportalion Unilorm Relocation
Assistance and Real Property Acquisillon for Federal and
Federally Assisted Programs (49 CFR Part 24).
C. Apprale.1 Requlrell...nt..
(1) A real property owner or his designated representative
must be contacted prior to making an appraisal and given an
opportunity 10 accompany the appraiser during Inspection 01
the property. Th. lacllhat it occurred must b. documented
In project Illes and In the appraisal report.
(Z) Real property musl be appraised, the appraisal report
reviewed, and the lair market value established prior to
Initiation 01 negollallons with the owner.
(3) II the acquisition 01 only part 01 a property will leave the
owner with an uneconomic remnant, the Slate or other'
grantee must offer 10 buy the whole property. Th. lerm
'uneconomic remnanl' applies only to TltI. III of the Act and
Ihe necessity of the acquiring agency to oHer to purchase
such a remainder or Ihe enllre property. It is n'ot 10 be
conslrued with the lerm 'uneconomic unil' as il applies 10
the In-lieu payment of larm operations under Title II of the
Act.
D, Negotiation Requirement.,
(1) ....n owner or hll designated representative must be
provided, in penon or by certified mail, a written statement
of lusl compensation as determined in the appraisal process,
OHerl 01 comp.nsatlon cannol be less Ihan Ihe approved
appraisal 01 fair market valu. of such properly. If only a
portion of Ihe owner's properly is being taken and the owner
Is left wilh an uneconomic remnant, the agency must o11er to
buy the whole øroperty.
(2) Reimbursement 10 a real properly owner for cosls to
convey a tllle must Inc_lude:
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FISH ANO WILOLlFE SERVICE
STATE GRANT PROGRAMS
'tltl Grant Proaraml
ChaDtl' 1 Summary
{'
(a) Recording fees, transfer taxes, and similar costs;
(b) Penalty cosl for prepayment of pre·exlsting recorded
mortgage; and
(c) Pro.reta portion of real property taxes allocable \0 a
period subsequent to the date of vesting lltle.
(3) All displaced persons (owners and lenants) must be
provided Information on their relocation benelils.
E, Rllocatlon Alllatancl to Dlaplacld Plopll,
(1) A relocation plan must be prepared for displaced
persons so that problems associated with displacement of
Individuals families, businesses, farms and nonprofit
organizall~ns are known at an early stage in a prolect's
development (see 49 CFR 24.205). Planning may involve
the following:
(I) Who and what will be displaced.
(Þ) The estimated number 01 dwellings, businesses, (arms,
and nonprofit organizations displaced, Including rentals.
This estimate should contain:
(I) Currently available replacement housing, businesses,
farm, and organization siles;
(II) Approximate number of employees affected;
(III) Typas ofbuildings, number, and size of rooms;
(Iv) The needs of those displaced (i.e. litestyle); and
(v) Type of neighborhood, distance to community facilities,
church, etc.
(c) List of comparable replacement dwellings, Including
rentals, available on the market within a 50·mile radius
(specialized units may require expandIng radius). When an
adequate supply 01 comparable housing is not expected to
be available, consideration of HousIng of the Last Resort
actions should be instituted.
(d) Estimate of cost of replacement housing by purchase
and/or rental per displaced person, and consideration 01
special needs like the elderly or handicapped.
(I) Estimate of cost lor moving.
(2) Advllory Slrvloll for Dlapllcld PIOpll, Advisory
services must be provided lor all personl occupying property
to be acquired and for all perlons who use such real
property lor a business or farm oper allon. Eligibility
requirements and corresponding benefits must be explained
to all displaced persons. Assletanoe must be provided 10
persons completing claim forms, obtaining moving services,
and oblalnlng proper housing.
(3) peym.nt for Rllocatlon of Dlsplacld Plraonl.
Relocallon expenses must be paid to a displaced person
who purchases and occupies a replacement dweMing.
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Pert &23 Flderal Aid Comonance Rlculremente
1123 FW 1.15D/2\1e\
Moving and related expenses will be provided to displaced
persons residing on leal property Including those persons
owning a business or a (arm. All payments must comply with
the requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act 011970.
1.11 Debarm.nt and SUlplnelon
A. Summary. Executlv. Order 12549, Debarment anci
Suepenslon, directs that persons debarred or suspended by
one Fed.ral agency from receiving grant. may not receive
grants from any Federal agency.
8. Rlllranc...
(1) Executive Order 12549, Debarment and Suspension,
Feb. 18, 1986.
(2) Oepartment of Interior Rules, Governmentwide
Debarment and Suspension (Nonprocurement), 43 CFR
, 2.100 - 12.510
C, R.qulrlm.ntt,
(1) Stales and other grantees must submit the certification
for Primary Covered Transactions (DI·1953). States certify
as to their 'principals', not the State agency. State
principals are commissioners, directors, project leaders, or
other persons with primary management or supervisory
responsibilities, or a person who has a critlcallnfJuence on
or substantial control over Federal Aid projects. States may
provide the certification annually. Olher grantees must
provide the certification with each Application for Federal
Assistance.
(2) States and olher grantees must obtain from their
subgrantees and contractors a certification lor Lower Tier
Covered Transactions (01·t954). A certification Is not
raqulrad for small purchase procurements, currently defined
as less than $25,000. These certifications are normally
provided with an application or proposallrom a subgrantee
or contractor.
(3) States and olher grantees must not make any award,
either by subgrant or contract, to any party which is debarred
or suspended or Is otherwise Ineligible under provIsions of
EXlcullvl Order 12549. The U.S. General Services
Administration maintains a list of parllea debarred,
suspended, Ineligible or excluded from participation in
Federal grants under the provision ot the ExecutlvI order. A
copy 01 this list Is available, upon request, from the Regional
Dlreclor.
1.17 Drug·Frn Workpllcl Act of 1981.
A, Summary, The Orug·Free Workplace Act requires that
all grantees certify 'hat they will maintain a drug-Iree
workplaca.
B, Rlllflncn. Department of Interior Rules, Drug-Free
Workplace Requirements, 43 CFR 12.600-635.
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STATE GRANT PROGRAMS
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Stltl Grlnt Proaram.
Part 523 F.d.,.1 Aid ComDlllncl R.aulrements
ChaDter 1 Summary
C. Requirement.. Grantee organizations must:
(1)' Establish (and publish) a polley thai informs employees
thai the manufacture, dlslrlbutlon, possenlon, or use ot a
controlled substanc. in the workplace is prohibited;
(2) Establish an awareness program to Inform employees of
the dangers of drug abuse In the workplace; and
(3) Provide a drug-tree workplace certification to the
Department of Interior or U.S. Fish and Wildllle Service. The
forms for providing the certiflcallon are available from the
Regional Director. State agencies may certify annually. It
the State agency Is covered by a consolidated certlllcation
for all State agencies, a copy ot the consolidated certlllcatlon
should be submitted to the Regional Director. (The original
Is retained by Ihe Slate.) Grantees other than Slate agencies
must submit Ihe certification with each Granl Agreement.
1.11 Restrlctlona on Lobbying (P.L.101-121)
A. Summary, Prohibits the use of Federal appropriated
funds for lobbying either the executive or legislative
branches of the Federal Government in connection with a
specific conlract, grant, loan, or cooperallve agreement.
ø, Referenc.., Department of the Interior Aules, 43 CFR
Part 18, New Restrictions on Lobbying.
C. Requlremente.
(1) Recipients of Federal grants are prohibited from using
Federal appropriated funds, e.g. granls, 10 pay any person
for Influencing or attempting to influence an officer or
employee of any Federal agency, a member of Congress, or
an employee 01 a member of Congre" In connecllon with a
specillc contracl, granl, loan, or cooperative agreement.
(2) Proposals for grants in excess of $100,000 must contain
a certification Ihat no part of the funds requested will be
used for lobbying. Copies of the certification form, Form
DI·1963, can be oblalned tram Ihe Regional Offices.
(3) Recipients of grants In excess of $100,000 must file a
disclosure form on lobbying acllvltle. conducted with olher
than Federal appropriated funda. Form SF·LLL and
SF-LLl·A, Conllnuatlon Sheet, shall be used for this
purpose. Caples of the forms can be obtained from the
Regional Office..
523 FW 1.17C
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ATTACHMENT E
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or
more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal
grant.
1. The undersigned hereby certifies that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this response been convicted of or had a
criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State anti-trust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph 2_(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public
transactions (Federal. State or local) terminated for cause or default.
3_ Where the undersigned is unable to certify to any of the statements in this certification, an
explanation shall be attached to this certification.
Dated this
day of
,20__
By:
Authorized Signature/Contractor
Typed NamefTitle
Grantee Name/Contractor Name
Street Address
Building, S~ite Number
City/State/Zip Code
Area Code/Telephone Number
(Page 1 of 2)
debar.226/rev 12100
Page I of 2, Attachment E
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INSTRUCTIONS FOR C.ERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION.
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the certifying party knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is
submitted if at any time the certifying party learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this contract is
submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the FWC or agency with which this
transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transaction," without modification, in all contracts or lower tier covered transactions and in
all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List (Telephone No. (202)
501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the FWC or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
(Page 2 of 2)
debar. 226/rev. 12100
Page 2 of 2. Attachment E
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COUNTY ....
FLORIDA
~
AGENDA REQUEST
ITEM NO. C-2B
Date: September 27,2005
TO: ST. LUCIE COUNTY EROSION DISTRICT
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
PRESENTED BY:
(~À.Ja)~C~hV1(J-
Richard A. Bouchard, P.E.
Erosion District Manager
SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710
SUBJECT: Artificial Reef Grant Program: Acceptance of a $25,000 grant award from the Florida Fish
and Wildlife Conservation Commission (FWC) for artificial reef monitoring.
BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine
Fisheries, annually provides grant funding for artificial reefs. The amount of grant funding varies
each year and typically includes a maximum cap of $60,000 for each application. On March 8, 2005,
the Erosion District Board approved staff's recommendation for the submittal of two grant funding
application requests to FWC; one for construction and one for monitoring. Per the attached letter
dated June 16, 2005, FWC notified the Erosion District of conceptual approval of the $25,000 grant
award.
The main objective of the artificial reef monitoring grant is to initiate an inventory of artificial reef
structures within the three main artificial reef sites. Qualified consultants will be utilized to locate
deployed materials, establish baseline monitoring, and perform biological assessments to determine
material suitability for future reef deployments. Specific monitoring contracts associated with this
grant will be brought back to the Board for consideration in the future when they become available.
FUNDS: This grant is 100% funded by FWC with the Erosion District providing in-kind services such
as project management and oversight.
PREVIOUS ACTION:
March 8, 2005: Board approved the submittal of grant funding application request to FWC.
RECOMMENDATION: Staff recommends Erosion District Board acceptance of a $25,000 grant
award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef
monitoring, approval of the attached grant agreement with FWC and execution of said grant
agreement by the Chairperson.
COMMISSION ACTION:
Approved 4-0
C::çE:
Douglas Anderson
County Administrator
[)J. APPROVED [ ] DENIED
[ ] OTHER: Lomm.CowardAbsent
l~'
[x]Fiscal Coordinator ßp;.~
[x]FinanceDept. ~
[x]County Attorney
[x]Originating Dept. Public Works N\ VP/PB~J
~ ~ ~
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
¡:;:;::;,JJ(..
';;J
RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A "HERKY" HUFFMAN
Enterprise
DAVID K. MEEHAN
St_ Petersburg
KATHY BARCO
Jacksonville
RICHARD A CORBE'IT
Tampa
BRIAN S. YABLONSKI
Tallahaøsee
KENNETH D. HADDAD. Executive Director
VICTOR J. HELLER, Assistant Executive Director
Mark RobsoD. Director
(850)487-05541 TDD (850)488-9542
June 17. 2005
James B. Oppenborn
Artificial Reef Coordinator
St. Lucie County Engineering Department
2300 Virgina Avenue
Ft. Pierce . Florida 134954
ill
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ill
ENG"" r-r-n ''''G
¡,ïecc.ru.-.
RE: Notice of Conceptual Approval for Artificial Reef Funding during
Fiscal Year 2005-2006
Dear Mr. Oppenborn:
I am pleased to announce the conceptual approval of your $25,000 fiscal year
2005-2006 artificial reef grant request for the monitoring of the artificial reef sites off
St. Lucie County. The funding source for your grant is anticipated to be revenues
from saltwater fishing licenses which are placed in the Marine Resources
Conservation Trust Fund. We will be able to execute the formal grant agreement
upon funding appropriation from the Florida Legislature, which we anticipate receiving
on July 1, 2005.
Staff will be drafting contract agreements shortly, and the project must be
completed by June 30, 2006. Specific issues to be discussed include scheduling,
deliverables, and draft grant agreement language. The grant manager for this project
will be determined soon.
Artificial reef program staff look forward to working closely with you to ensure
successful completion of this project. Please don't hesitate to call me at 850/922-
4340 x209 if you have any questions.
Sinc~:ut2
~ Dodrill, Environmental Administrator
Division of Marine Fisheries,
Artificial Reef Program
JD/wmh
620 South Meridian Street Mailbox 4B2 Tallahassee, FL 32399'1600
(850) 487-0554 FAX (850) 487-4847
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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
,J(..
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RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A "BERRY"' HUFFMAN
Enterprise
DAVID K. MEEHAN
St. Petersburg
JOHN D. ROOD
Jacksonville
RICHARD A CORBETT
Tampa
BRIAN S. YABLONSKI
Tallahassee
KENNETH D. HADDAD. Execul1ve Director
VICTOR J_ HELLER. Assistant Executive Director
August 25, 2005
DlVISIO!\' OF :\1ARI:-'¡E FISHERIES
Mark S. Robson, Director
- Roy O. Williams, Asst_ Director
James Oppenborn, Marine Resource Coordinator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
RE: Grant Agreement FWC.Q5025
Artificial Reef Construction
Dear Mr. Oppenborn:
Please find enclosed three (3) original copies of the above referenced Grant Agreement
for your review and signature. Please sign both the signature page (Page 7 of 7). Please sian
and date all three copies and return all sianed copies to me bv courier service at the
followina address:
Keith Mille
FWC Division of. Marine Fisheries Management
2590 Executive Center Circle East,Suite 203
Tallahassee, Florida 32301
Upon execution of the Grant Agreement by the Florida Fish and Wildlife Conservation
Commission, an original, signed copy will be returned for your file.
Progress reports will be due every 60 days, the draft final report will be due by November
1, 2006 for FWC review, and the final report will be due on December 15, 2006. All requests for
reimbursements must be received no later than December 29, 2006. The funds are for the
2005-06 fiscal year appropriation to the Commission's artificial reef program. Note that the
terms of the Grant Agreement incorporate the terms of your project as specified in your grant
application, and the requirements of Chapter B8R-9, FAC. If you have any questions regarding
the Grant Agreement, please contact me at (850) 922-4340 x207 or by email at
keith.mille@myfwc.com.
KJM
Enclosures
Sincerely,
~~.. .?~¿:
~----v/._
Keith 'e, Fisheries Biologist IV
Artificial Reef Program
620 South Meridian Street· ~a¡]box ~IF-~F2\1 . Tallahassee' FL . 32399-]600 . (850) 922-4340' FAX (850) 922-0463
WW\\'. marinefisheries.org
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FWC Grant No. 05025
ST LUCIE COUNTY
ARTIFICIAL REEF MONITORING PROJECT 2005-2006
THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Box 4B2, Tallahassee,
Florida 32399-1600, hereafter "COMMISSION", and ST. LUCIE COUNTY EROSION DISTRICT BOARD,
whose address is 2300 Virginia Avenue Fort Pierce, FL 34982-5652, hereafter "GRANTEE".
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set
forth, agree as follows:
DUTIES OF THE GRANTEE
1. Scope of Services
The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment
A, entitled "Scope of Services", attached hereto and made a part hereof.
2. GRANTEE Eligibility
The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be
required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION
upon request.
TERM OF AGREEMENT
3. This Agreement shall begin upon execution by both parties and end on December 29,
2006, 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.
COMPENSATION
4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement,
the COMMISSION shall pay the GRANTEE on a fee schedule basis in an amount not to exceed $25,000,
as specified in Attachment A (Scope of Services).
PAYMENTS
5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices,
accompanied by required reports or deliverables, and after acceptance of services and deliverables in
writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and
the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) 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 for reimbursement shall be submitted following successful completion of the artificial reef
project described in Attachment A, Scope of Services.
6. No travel expenses are authorized under the terms of this Agreement.
7. For Agreements 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 1 of 14
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8. Invoices, including backup documentation, shall be submitted to:
Keith Mille, Fisheries Biologist IV
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries Management
2590 Executive Center Circle East, Suite 203
Tallahassee, Florida 32301
TERMINATION
9. 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.
10. Either party may terminate this Agreement by giving written notice to the other party specifying
the termination date and justification for termination, by certified mail, return receipt requested, at least
forty-five (45) days prior to the termination date specified in the Agreement.
TAXES
11. 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 term of this Agreement.
NOTICE
12. Unless a change of address is given, any and all notices shall be delivered to the parties at the
following addresses:
GRANTEE
COMMISSION
Jim Oppenborn, Marine Resources Coordinator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
772.462.1713
ODDenbor J@sllucieco.Qov
Keith Mille, Fisheries Biologist IV
FWC Division of Marine Fisheries Management
2590 Executive Center Circle East, Suite 203
Tallahassee, Florida 32301
850.922.4340 x207
keith.mille@mvfwc_com
AMENDMENT OR MODIFICATION
13. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
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
.
14. The GRANTEE shall perform as an independent agent and not as an agent, representative, or
employee of the COMMISSION.
PaQe 2 of 14
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15. The GRANTEE covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required_
16. The parties agree that there is no conflict of interest or any other prohibited relationship between
the GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
17. To the extent required by law, the GRANTEE will either be self-insured for Workers'
Compensation claims, or will secure and maintain during the life of this Contract, 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
Contract 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.
18. 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.
19. The GRANTEE, as an independent contractor and not an agent, representative, or employee of
the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The
COMMISSION shall have no liability except as specifically provided in this Agreement.
CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES
20. 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 on conjunction with this
Agreement.
RECORD KEEPING REQUIREMENTS
21. 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 contract, in accordance with generally accepted accounting principals. 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 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 contract. 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
22. 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.
Page 3 of 14
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NON·DISCRIMINATION
23. 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
24. 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.
NON-ASSIGNMENT
25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in
part without the written approval of the COMMISSION.
REMEDIES
26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by
the COMMISSION.
27. 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
28. 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
29. 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
30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or
proceeding brought by any party against another party pertaining to any matter whatsoever arising out of
or in any way connected with this Agreement.
DIVISION OF MARINE FISHERIES REQUIREMENTS
31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the
procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a
minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or
Page 4 of 14
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less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5)
potential subcontractors for any subcontracts required for Agreements in excess of $25,000.
32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule
(SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31.
33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications.
All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager,
prior to public advertisement or distribution.
34. The GRANTEE shall submit a copy of the draft subcontract to the COMMISSION's Contract
Manager for approval within ninety (90) days following the execution date of this Agreement.
35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in
writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source
subcontract under this Agreement.
36. A summary of the vendor replies and recommended subcontractor must be sent by the
GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any
subcontracts under this Agreement.
37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued
as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing.
38. The GRANTEE agrees to acknowledge the role of Florida saltwater fishing license funding in any
publicity related to this Agreement.
39. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E-
9, Florida Administrative Code during the term of this Agreement.
40. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and
regulations in providing goods or services to the COMMISSION under the terms of this Agreement;
including the general and special conditions specified in any permits issued by the Department of the
Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE
further agrees to include this as a separate provision in all subcontracts issued as a result of this
Agreement.
41. The harvest of all marine species regulated under Chapter 68B, Florida Administrative Code by
any means whatsoever by any individuals operating from vessels during the work days these individuals
and/or vessels are hired to be engaged in the support of survey and monitoring work funded under this
agreement is prohibited. Harvest of marine organisms from monitoring sites designated under this
agreement by personnel or other individuals on board vessels supporting monitoring activities on the
same day as the survey/monitoring activity is occurring, shall result in immediate termination of this
agreement and nonpayment for any services undertaken on the day the noncompliance with this
paragraph was reported or otherwise identified. If harvest is required for research purposes, then a
special request in writing must be made to the COMMISSION's Grant Manager for written approval with
guidance for the appropriate licensing requirements.
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
42. The Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients
of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97,
Florida Statutes. In addition, recipients and subrecipients (GRANTEE) 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 B, titled "Requirements of
Page 5 of 14
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the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as
applicable.
43. 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.
CERTIFICATE OF CONTRACT COMPLETION
44. The GRANTEE will be required to complete a Certificate of Contract Completion form when all
work has been completed and accepted. This form must be submitted to the COMMISSION's Contract
Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract
Manager shall submit the executed form with the invoice to Accounting Services.
CERTIFICATE OF PARTIAL PAYMENT
45. The GRANTEE will be required to complete a Certificate of Partial Payment form when payment
intervals have been noted in the Agreement. This form must be submitted to the COMMISSION's
Contract Manager starting with the second invoice and with each subsequent invoice requesting partial
payment. The COMMISSION's Contract Manager shall submil the executed form with the invoice to
Accounting Services.
ENTIRE AGREEMENT
46. 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.
RIGHTS IN INTEllECTUAL PROPERTY
47. All items, materials or products, of any description, produced or developed by the GRANTEE for
the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the
COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected
as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall
have any proprietary interest in the products and materials developed under this Grant Agreement.
Publishing rights to the information resulting from this grant agreement are hereby granted to the
GRANTEE. and to any not-for-profit subcontractors-
REST OF PAGE INTENTIONALLY LEFT BLANK
Page 6 of 14
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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
EROSION DISTRIcr
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
By:
By:
Director, Division of Marine Fisheries
or Designee
(Authorized Signatory*)
(Print Signatory's Name and Title)
Date:
Date:
(Grantee)
2300 Virginia Avenue
(Address)
Fort Pierce, Florida 34982
(City, State, and Zip Code)
(Federal Employer Identification Number)
Ûved as to - and leg~ity'
£~
Reimbursement Check Remittance Address:
(Address)
(City, State, and Zip Code)
"If someone other than the Chairman signs this Agreement, a statement or other document authorizing
that person to sign the Agreement on behalf of the County must accompany the Agreement
List of Attachments included as part of this Agreement:
Attachment A
Scope of Services
Attachment B
ReQuirements of the Federal - Florida Sinale Audit Acts
Exhibit 1
State and Federal Funds Awarded throuQh the Florida FWC
Page 7 of 14
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ATTACHMENT A
SCOPE OF SERVICES
ST LUCIE COUNTY BASELINE ARTIFICIAL REEF MONITORING PROJECT 2005-2006
The objective of this project is to conduct detailed monitoring of previously constructed artificial reefs
located within each of the three St. Lucie County artificial reef sites (Site #1 shallow nearshore site, Site
#2 intermediate water depth site, and Site #3 deepwater site). Background research will be accomplished
prior to the field visits to get the most accurate DGPS coordinates as possible to minimize offshore time
searching for the sites. Data will then be collected using SCUBA to establish a baseline for the current
effectiveness of the existing materials as viable artificial reefs in St. Lucie County.
The artificial reef monitoring to be funded consists of the following elements:
1. Backaround research
Prior to field visits background research will be collected to acquire the most accurate DGPS
coordinates possible to limit search time for historical artificial reef materials. To accomplish this, the
grantee will first review historical files for each artificial reef deployment in St. Lucie County. The
grantee will then interview members of the community that often visit the sites with more accurate
sets of coordinates. Other pertinent data about the sites will be gathered from local anglers and
divers that have valuable local knowledge. For example, information on the concrete bridge spans.
and the steel "Tropicana Vats', both sites with little to no information contained in existing FWC files,
will be gathered and recorded. The results of each interview and each location will be organized and
reported in the final report.
2. Locations to be surveved: A minimum of ten (10) distinct location verification and assessments will
be conducted in the field. The precise locations to be visited will be determined based on the results
of the above background research. Prior to commencement of field worl<, the GRANTEE will provide
the FWC grant manager with a table of coordinates of the exact sites to be visited for approval by the
COMMISSION. At a minimum the GRANTEE will visit the following number of locations:
a. Within Site #2, three assessments: two grant funded artificial reef deployments and the Evans
Crary bridge spans (8 spans anticipated);
b. Within Site #1 , four assessments of past grant-funded materials;
c. Within Site #3, three assessments of past grant funded artificial reef materials.
3. In situ survev methodol09V
a. Weather and sea state measurements will be taken at each dive including time of day, weather
conditions, visibility, water temperature, and sea height.
b. Physical data and mapping will be collected on the existing artificial reef complex locations, the
spatial layout of each artificial reef complex, measurements (vertical profile, orientation, etc.) of
the materials within each complex, with notes on material durability and stability.
c_ Fish surveys will be conducted at each of the artificial reef complex locations using the Roving
Diver underwater visual assessment method (Schmitt and Sullivan 1996)_ Data will be recorded
on waterproof data sheets during the reef assessments. Physical data will be recorded such as
bottom time, depth, and water temperature, and the dive times noted. The divers will record
relative abundance next to each species based on the following categories: 'A' for abundant,
(over 100 individuals); 'M' for many (from 11 to 100) individuals; 'F' for few, (from 2 to 10
individuals); and'S' for a single individual of that species. Data collected will be transferred from
the field sheets to Excel spread sheets that have been developed by FWC. Data fields include:
Page 8 of 14
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common species name, scientific name, abundance category, dive date, county, latitude,
longitude, water temperature (in Fahrenheit), depth (in feet), dive number of the day, diver's
initials, bottom time (minutes), estimated visibility (feet), whether underwater photos were taken
on the dives, reef name, reef materials, reef age (years), reef tonnages, reef footprint (square
feet), the reef's maximum relief off the bottom, and the deployment date of the reef materials-
d. Photo documentation. Digital still and/or video cameras will be used to take representative
photos at each artificial reef complex.
e. If visibility is judged to be less than 25 feet horizontally on the bottom, no fish census will be
performed and the dives to conduct said surveys will be repeated at a later date. If visibility was
judged to be less than 10 feet horizontally on the bottom, no benthic photography will be
performed and the dives will be repeated at a later date
4. Deliverables
a. Written or electronic status reports summarizing field and administrative activities related to
progress toward completion of the above activity will be submitted to the Commission at 60-day
intervals;
b. A draft report will be submitted to the Commission by November 1, 2006 to provide 30 days for
technical peer review by the Commission;
c. A final report acceptable to the Commission, will be submitted for approval on or before
December 15, 2006. The final report, at a minimum, shall contain the following, including any
additional comments by the FWC submitted in review of the draft:
i. A summary of the background research conducted on each artificial reef area based on the
historical files and interviews with local anglers and divers;
ii. A narrative section describing the methods and equipment used in the field (e.g., methods
of fish and survey techniques, type and model numbers of the vessel, GPS, echosounder,
sidescan, photography, video, other equipment used);
iii. A plan view location map depicting each locations surveyed;
¡v. A narrative section providing qualitative assessments of the of each artificial reef material
surveyed;
v. A table listing the position of all major reef elements with accurate latitude/longitude
coordinates using FWC approved format;
vi. A narrative section describing the results of underwater mapping surveys conducted (such
as cirçular sweep maps or transects);
vii. Plan view maps and drawings for those sites where map surveying was conducted;
viii. A narrative section summarizing the results of the fish census surveys (e.g., discussing
relative abundance, sighting frequencies, number of species, etc.);
ix. A table listing the results of the fish census surveys;
x. Selected, labeled images of representative artificial reef materials within each survey area.
d. Five (5) hard copies of the final report;
e. Five (5) CDs and/or DVDs containing the following digital information:
i. The final report as an indexed Adobe Acrobat (.pdf) file, suitable for posting on the
internet.
ii. An electronic ExcelTM spreadsheet with the position of all major reef elements with
accurate latitude/longitude coordinates using the FWC approved format;
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iii. An electronic ExcelTh1 spreadsheet with the fish census data using the FWC approved
format;
iv. Electronic copies of all maps or drawings created (.jpg or ArcGIS format)
v. Electronic copies of all digital photography (.jpg format);
vi. Electronic copies of all digital video (.mpg format);
PAYMENT SCHEDULE
5. For satisfactory completion of the final report and a minimum of ten (10) monitoring events as
described above, the COMMISSION agrees to pay the GRANTEE a maximum of $25,000 on a fee-
schedule basis according to the cost per unit in the following table:
Monitoring Event Type Number of Cost
Events Per Unit Total Cost
Physical Assessment and Mapping 10 $1,080.00 $10,800.00
Fish Census 10 $1,080.00 $10,800.00
Final reDort 1 $3,400_00 $3,400.00
TOTAL $25,000.00
6. The GRANTEE shall be reimbursed by the COMMISSION in the form of a single final payment for all
allowable costs incurred under this Agreement following satisfactory completion of the project and
submission of all required project close out documentation no later than forty-five (45) days after the
ending date of the Agreement. A timely reimbursement request following completion of actual
submittal of the final report is strongly encouraged.
7. Funds from this Agreement may not be expended on training, or parts replacement or repairs to
rented or contractor owned equipment. Documentation of expenses and survey reports must be
submitted with the closeout package in order for reimbursement to be made.
PERFORMANCE
8. Any published articles related to this artificial reef activity should reflect the role of the Florida
saltwater fishing license revenues in assisting in the funding of this activity_
REST OF PAGE INTENTIONALLY LEFT BLANK
Page 10 of 14
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ATTACHMENT B
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 (Le., 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
Page 11 of 14
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Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
agreement indicates state financial assistance awarded through the 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
None
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 al the following address:
Trevor Phillips, 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 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS
Circular A-133, as revised.
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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
letters issued by the auditor, to the Commission at the following address:
Trevor Phillips, 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 directlv to each of the following:
The Commission at the following address:
Trevor Phillips, 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, Florida 32399-1450
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, Trevor Phillips, by phone at (850) 488-6068 or by email at
travor. philips@myfwc.com
PART IV: 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.
REST OF PAGE INTENTIONALLY LEFT BLANK
Page 13 of 14
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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:
State Program:
CSFA No.:
Recipient:
Amount:
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries Artificial Reef Grants Program
77.007
St. Lucie County
$25.000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
8. Only the goods and/or services described within the attached Agreement and
Attachment A are eligible expenditures for the funds awarded.
9. All provisions of Section 370-25, Florida Statutes and Rule 68E-9, Florida
Administrative Code must be complied with in order to receive funding under this
Agreement.
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.
REST OF PAGE INTENTIONALLY LEFT BLANK
Page 14 of 14
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Cou NTY ..
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AGENDA REQUEST
ITEM NO. C-2C
Date: September 27,2005
TO: ST. LUCIE COUNTY EROSION DISTRICT
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
PRESENTED BY:
¡(YJiLhCJ.·{~ÞouLj(~y-,l
Richard A. Bouchard, P.E.
Erosion District Manager
SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710
SUBJECT: RFP #05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs:
Approval of ranking and permission to negotiate with the three top ranked firms.
BACKGROUND: St. Lucie County's Artificial Reef Program has made get strides since the addition of the
Marine Resource Coordinator to the Erosion District's staff. It is anticipated that professional consulting support
will be required for future deployments, inventory of existing reef sites, and other technical issues. On July 12th
the Board approved the advertisement of proposals from qualified consulting firms for professional services
related to artificial reefs. The subject RFP was advertised on July 1 ih and five firms submitted proposals by
the August 10th deadline. On September 9th the Competitive Selection Committee appointed to this RFP met to
discuss all five proposals, and ranked them in the following order:
1.
2.
3.
4.
5.
FIRM
Taylor Engineering, Inc.
Lee E. Harris, P.E., Ph D.
Marine Resources, Inc.
Applied Technology and Management, Inc.
Coastal Systems International, Inc.
TOTAL POINTS
448
443
433
381
376
During the discussion of each firm's qualifications and the County's needs, the Committee decided it would be
in the best interest of the County to negotiate with the top three ranked firms. We do not necessarily intend to
distribute individual assignments evenly between each firm; assignment of specific work will be based upon the
firms' expertise in that area, their existing workload, and the maintenance of continuity within existing projects.
It is requested that continuing contracts be awarded to the top three firms for two years with an optional two-
year extension consisting of one-year increments.
FUNDS: N/A.
PREVIOUS ACTION:
July 12, 2005: Board granted approval to advertise for a RFP related to consulting services for artificial reefs.
RECOMMENDATION: Staff requests Erosion District Board approval of the ranking and permission to
negotiate with the top ranked three firms. The Contracts will be brought back to the Board for approval.
COMMISSION ACTION:
CONCUZ'
Dóia nderson
County Administrator
IX APPROVED
r 1 OTHER:
L:omm. L:owQrQ Absent
[ ] DENIED
Approved 4-0
,1t
[x]County Attorney
[x]Originating Dept. Public Works M vp!œvJ
Coordination/S ianatures
II"" ""'g. .ç;,.~' fl2
[x]Marine Resource COÓIJil¡'C'&...f.:... ' . .""
ø
[]Fiscal coordinator~
[x]Purchasing Dept.~
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BOARD OF
COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
Tabulation Sheet - RFP # 05-086
Professional Marine and Engineering Consulting Services for Artificial Reefs
Opened: August 10, 2005 at 3:00 p.m.
Five (5) Vendors responded to RFP # 05-086:
Applied Technology & Management, Inc.
West Palm Beach, Florida
Fax: 561-659-3733
Taylor Engineering, Inc.
Jacksonville, Florida
Fax: 904-731-9847
Lee E. Harris, P.E.
Indialantic, Florida
Fax: 321-674-7212
Marine Resource, Inc.
Stuart, Florida
Fax: 772-221-7715
Coastal Systems International, Inc.
Coral Gables, Florida
Fax: 305-661-1914
Number of Companies Notified*:
Number of Bid Documents Distributed*:
Number of Bids Received:
960
38
5
*per demandstar.com
JOSEPH E_ SMITH, District No1. DOUG COWARD, District No_ 2. PAULA A_ LEWIS, District No.3. FRANNIE HUTHINSON, District No_ 4. CHRIS CRAFT, District NO.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428
websile: www.co.st-lucie.fI.us
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COUNTY ADMINISTRATION
MEMORANDUM
05-118
TO:
Daniel Mcintyre, County Attorney, or Representative
Ray Wazny, Assistant County Administrator
Ed Parker, Purchasing Director
Don West, Public Works Director
Richard Bouchard, Erosion District Manager
Jim Oppenborn, Marine Resource Coordinator
FROM:
Douglas M. Anderson, County Administrator
DATE:
August 19, 2005
RE:
Appointment of Competitive Selection Committee (CSC) to "Short List"
Responders to the Professional Marine & Engineering Consulting
Services for Artificial Reefs RFP #05-086
In accordance with the County Purchasing Manual, you are appointed to the Competitive
Selection Committee for the evaluation and short-listing of firms responding to RFP #05-
086.
Attached you will find a copy of RFP #05-086 along with each firm's response and an
evaluation form to assist you in ranking each firm.
A meeting has been scheduled for Friday, September 9, 2005 at 10:00 a.m. in the
Engineering Conference Room to discuss your evaluations and establish a rank list of two
to three firms for Board consideration.
If you have any questions, please call Jim Oppenborn at extension 1713.
Approval
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SEPTEMBER 27, DOS
..00 AM
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
REVISED '/27/05
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00
A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are
intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public
hearing and aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you
have bacRup 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 of 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 at
6:00 P.M. and on the second and fourth Tuesdays 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 worRshops throughout the year necessary to accomplish their goals and commitments.
Notice is provided of these worl?shops. 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
Community Services Director at (m) 462-1777 or TDD (712) 462-1428 at least forty-eight (48) hours prior to the
meeting.
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BOARD OF COUNTY
COMMIUIONERS
www.co.$I:-lucie.ll.us
Frannie Hutchinson, Chairman
Dous Cowarel, Vice Chairman
Joseph E. Smith
Paula A. Lewis
Chris Crall
District No. .
District NO.2
District No. I
District No. J
District NO.5
.
September Z7, ZOOS
..00 A.M.
Invocation
Pleclse 01 Alleslance
~Uh~()\ 0úWc\',J À6Sií~~
I. (à MINUTES
~~~O Approve the minutes of the Tentative Budget Public Hearing meeting held on September 15, 2005.
'ij Approve the minutes of the Regular Board meeting held on September 20, 2005.
Approve the minutes of the Final Budget Public Hearing meeting held on September 22, 2005,
Approve the minutes of the Special Public Hearing meeting held on September 22, 2005.
2. PROCLAMATIONS/PRESENTATIONS
B.
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A,
Presentation by Colonel Carpenter of the Army Corps of Engineers on the management of La~e
O~eechobee and discharges from the la~e.
Update on Indian River Drive presented by Mi~e Powley, County Engineering and Vanessa Bessey,
Environmental Resources Director.
Resolution No. 05-369 - Project H.O.P.E, - Consider staff recommendation to adopt Resolution No.
05-369 as drafted.
D.
Congratulations to the St. Lucie County Balefill Construction & Demolition Recycling Facility for
receiving the Honorable Mention Award in the Environmental Category of the Engineering Excellence
Awards from the Florida Institute of Consulting Engineers.
E.
The Board wishes to congratulate Tommy Bowes and staff, on winning the 2005 Florida State League
Commendation Award.
F.
Reading of the announcements by the County Administrator,
J. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
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REGULAR AGENDA
SEPIIMBER 27, 2005
PAGE IWO
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PUBLIC HEARINGS
SA. There are no public hearings scheduled for September 27, 2005.
END OP PUBLIC HEARINGS
~t'eä COUNTY AnORNEY
(Wi
1\'\ 0 Resolution No. 05-368 - Adopting Impact Fee Report by James C. Nicholas, Ph.D. - Consider staff
! >1"'\ recommendation to approve Resolution No. 05-368 and authorize the Chairman to sign the Resolution,
µloh'un tu Ctpprl'JeJ ú s cw,¡etlckd b-; - C~ ~l\o{jt~,
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CONSENT AGENDA
t. WARRANTS LIST
Approval of Warrant List Nos. 52
2. COUNTY AnORNEY
A. Resolution No. 05-365 Extending the State of Emergency for Hurricane Frances; and, Resolution No.
05-366 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to
approve Resolution No. 05-365 and Resolution 05-366 and authorize the Chairman to sign the
Resolutions.
B. Resolution No. 05-371 MSBU Financial Hardship Assistance Program - Staff recommends correction of
scrivener's error and renumbering of Resolution No, 05-347 MSBU Financial Hardship Assistance
Program to Resolution No. 05-371.
C. Airport Industrial ParI:? - Release of Reverter in October 10, 1962 Deed from St. Lucie County to Fort
Pierce Port and Airport Authority - Consider staff recommendation to approve the Release of
Reverter for the Airport Industrial ParI:?, and authorize the Chairman to execute the Release,
D. Teamsters Local Union No. 769 - Collective Bargaining Agreement - Consider staff recommendation
to approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and
authorize the Chairman to sign the agreement, subject to ratification of the proposed agreement by
the bargaining unit.
E. Weel:?end Worl:? Program - Fourth Amendment to March 4, 1997 Interlocal Agreement with the Sheriff
- Consider staff recommendation to approve the proposed Fourth Amendment and authorize the
Chairman to sign the Amendment.
J. PUBLIC WORKS
A. Code Enforcement Division - Request approval from the Board of County Commissioners to accept
proposal from Municipal Software not to exceed $37,240,00 - Consider staff recommendation to
authorize equipment request No, 06-208, Budget Amendment BA06-100, and the proposal from
Municipal Software to pay for the Collection of County Impact Fees from the City of Port St. Lucie.
B, Engineering Division - Public Hearing - Florida Rocl:? Mine - South Plant mining permit application
(Renewal) - Consider staff recommendation to approve a public hearing date of November 1, 2005 at
6:00 p.m. or as soon there after to consider the request of the Florida Rocl:? Mine - South Plant mining
permit application.
C. Engineering Division - Award construction materials testing to Dunl:?elberger Engineering & Testing for
the Indian River Drive Phase II Project - Consider staff recommendation to award construction
materials testing to Dunl:?elberger Engineering & Testing for the Indian River Drive Phase II Project in
the amount of $90,098.00 and authorize the Chairman to sign the contract as prepared by the County
Attorney.
D. Engineering Division - Worl:l Authorization No.3 - Contract No. C03-09-70B with Inwood Consulting
Engineers, Inc. - Consider staff recommendation to approve Worl:l Authorization No. 3 (Contract C03-
09-70B) with Inwood Consulting Engineers, Inc, for engineering services for the Weatherbee Road and
U.S. 1 Intersection Improvements project in the amount of $6,600.00.
CONSENT AGENDA
SEPTEMBER 2.7, 2005
PAGE TWO
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PUBLIC WORKS CONTINUED
E. Resolution No. 05-370, Equipment Request EQ No, 05-377, and Budget Amendment No. BA05-194 to
purchase a 2006 Freightliner Dump TrucR from Freightliner for $ 89,761.58 for the Road & Bridge
Drainage Operations Section - Consider staff recommendation to approve Resolution No. 05-370, EQ
No. 05-371 and Budget Amendment No. BA05-194 for the purchase of a 2006 Dump TrucR from
Freightliner for a total amount of $ 89,761.58.
4. HUMAN RESOURCES
A. Catastrophic Inmate Medical Expense Payment - Consider staff recommendation to approve
Resolution No. 05-360.
B. October Cost of Living (COLA) increase - Consider staff recommendation to approve the 3% increase
effective October 2, 2005, for non-bargaining and bargaining full time and part time with limited
benefits employees.
s. SOLID WASTE
A. Purchase of third baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra
International Machinery, LLC. - Consider staff recommendation to approve the purchase of the 3rd
baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International
Machinery, LLC. This item was approved in the 2005-06 Budget process. The total cost of the baler is
$1,208,362.00.
B. Amendment No.1 to the CDM proposal for professional services related to the design, permitting, and
construction services for the Scale House at the Glades Road Baling Facility - Consider staff
recommendation to approve Amendment No. 1 to CDM proposal for professional services related to
the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility.
The original Agreement is revised from a cost of $136,300.00 to a lump sum of $555,000.00.
6. LIBRARY
State Aid to Libraries Grant - Consider staff recommendation to authorize the Chairman of the Board to sign
two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application.
Approve the library's FY05/06 annual plan of service. Do not date the application - the date will be added
once the original application is signed in Tallahassee.
7. INVESTMENT FOR THE FUTURE
Approval to purchase a new van to be used by the Information Technology Department - Consider staff
recommendation to approve the purchase of a new (2005/2006) van that will be used by the Information
Technology Department.
I. PURCHASING
A. Award Bid No, 05-088 - Savannas Maintenance Building - Consider staff recommendation to award
Bid No. 05-088 - Savannas Maintenance Building to Hennis Construction Company, Inc. for a total
amount of $149,000.00 and grant permission for the Chairman to sign the contract as prepared by the
County Attorney.
CONSENT AGENDA ......,
SEPTEMBER 27, 200S
PAGE THREE
-."",¡
PURCHASING CONTINUED
B. Bid No. 05-094 - Subdivision No.1 Mowing Contract - Consider staff recommendation to award Bid
No. 05-094 - Subdivision No. 1 Mowing Contract to the lowest responsive and responsible bidder,
Accolades Services for a total amount of $76,750,00 and authorize the Chairman to sign the contract
as prepared by the County Attorney.
C. Bid No. 05-095 - Subdivision No.2 Mowing Contract - Consider staff recommendation to award Bid
No. 05-095 - Subdivision No. 2 Mowing Contract to the lowest responsive and responsible bidder,
Accolades Services for a total amount of $205,000.00 and authorize the Chairman to sign the contract
as prepared by the County Attorney.
D. Award RFP No. 05-070 - Space Needs Study - Consider staff recommendation to award RFP No. 05-
070 - Space Study Needs to the highest ranR firm Institute for Law & Policy Planning for an amount
not to exceed amount of $130,000.00
E. Bid No, 05-096 - Subdivision No.3 Mowing Contract - Consider staff recommendation to award Bid
No. 05-096 - Subdivision No.3 Mowing Contract to the second lowest bidder, Treasure Coast Lawns,
Inc. for a total amount of $189,150.00 and authorize the Chairman to sign the contract as prepared by
the County Attorney,
F. Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc.
for the ParR & Recreation Department - Consider staff recommendation approve the bid waiver and
sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the ParR &
Recreation Department.
9. CENTRAL SERVICES
Downtown Judicial Complex Chiller Plant - Edlund Dritenbas BinRley Architects - C03-08-520 - Amendment
No.2 to WorR Authorization No. 10 - Consider staff recommendation to approve Amendment No.2, to WorR
Authorization No. 10, C03-08-520, Edlund Dritenbas BinRley Architects, for the services of Carter & Associates,
Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the ClerR of
Courts Chiller Plant at a cost of $11,750.00 and authorize the Chair to sign the Amendment as prepared by the
County Attorney.
10. MANAGEMENT AND BUDGET
A. Early Redemption of Special Assessment Improvement Bonds - BecRer Road MSBU Series 1996
King Orange MSBU Series 1996 - South Hutchinson Island-North District Wastewater System Series 1998
- South Hutchinson Island -North District Wastewater System Series 1998A - Consider staff
recommendation to approve the early full and partial redemption of the following:
(1) $1,860,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1996 (BecRer
Road MSBU);
(2) $14,920,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998
(South Hutchinson Island Wastewater System);
(3) $910,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998A
(South Hutchinson Island - North District Wastewater System);
(4) $230,000 St. Lucie County, Florida, Special Assessment Bonds, Series 1996
(King Orange MSBU);
at par, as recommended by RBC Dain Rauscher, Mr. Nate ECRloff, Managing Director and Mr. Wess
Bradish, Associate, Legal Advisor to the County, and as outlined above.
CON'ENT AGENDA
'EPTEMBER 27, 2005
PAGE FOUR
'-'
..."
MANAGEMENT AND BUDGET CONTINUED
B. Purchase of Microsoft Enterprise License for Courts Administration for $106,445.00 - Consider staff
recommendation to approve the purchase of the Microsoft Enterprise License,
II. PARK' AND RECREATION
A. Lease Agreement - Katherine England/Savannas Recreation Area - Consider staff recommendation to
approve the first amendment to the lease agreement with Katherine England for living space at the
Savannas Recreation Area and authorize the Chairman to sign the amendment,
B. 2ßth NATIONAL BIKE ROUND UP - St. Lucie County Fairgrounds - Consider staff recommendation to
grant a special permit for the relief of the noise and vibration limits in Chapter 1-13, Saint Lucie County
Code of Ordinances, for the 2ßth National BiRe Round up to be held at the St. Lucie County
Fairgrounds for the period of July 31-August 6, 2006, based upon the following findings: (1) the activity
will be of a temporary duration and cannot be done in a manner that would comply with Chapter 1-
13, and (2) no other reasonable alternative is available,
,2. GROWTH MANAGEMENT
A. Approve First Amendment to Contract No. C04-03-132 with Craig Richardson and Clarion Associates -
Consider staff recommendation to approve Amendment No. 1 to the consulting agreement with
Clarion Associates and authorize the Chairman to sign the First Amendment.
B. Request of Brant Shirard, Jr., for final plat approval for the project Rnown as Shirard Estates
Subdivision, Phase II. The project is located on property on the east side of Pulitzer Road,
approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 dU/5 acres) Zoning District
_ Consider staff recommendation to Approve the final plat of Shirard Estates. Phase II SID and
authorize its final execution.
,s. ADMINISTRATION
Children's Services Council - Staff recommends submission of the two additional applicants (Toby Philpart and
Queen Townsend) to the Office of the Govemor, for consideration for the Children's Services Council
appointment.
\..;
ANNOUNCEMENTS
.epte...... 27, 200S
'...I
1. Meeting Changes:
· October 4, 2005 Board of County Commissioners meeting is at 9:00 a.m.
· October 11, 2005 Board of County Commissioners meeting is at 6:00 p.m.
· November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m.
· The December 27, 2005 Board of County Commissioners meeting is canceled.
2. The St. Lucie County Growth Management Department will hold a meeting to present the results of the April
23, 2005 community worl:lshop regarding the future of the White City Midway Road area on Wednesday,
September 28, 2005 at 7:00 p.m, in the White City Elementary School Cafeteria located at 905 West 2nd Street,
Fort Pierce, Florida,
3. The Board of County Commissioners, St, Lucie County, Florida, is currently seel:ling applications from persons
desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code
Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300
Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is October 14, 2005 for more information
call 772-462-1156.
4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at
6:00 p.m. in the County Commission Chambers,
5. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday,
October 17, 2005 at 6:00 p.m. in the County Commission Chambers.
6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will
hold a Joint Meeting on Friday, February 3, 2006 at 2:00 p.m. in the County Commission Chambers,
NOTICE: All Proceedings before this Boord are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1m or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
'-'
..,J
Sit Lucie Count, MoSquito Control District
Pallia A. Lewb, Chai.man
'o.eph E. Smith, Vice Chai.man
DOlIg Cowa."
'.annie Hlltchln.on
Ch.is C,aft
Dist.lct No. I
Dbt.ict No. t
D"t.ict No. Z
D....ict No. .
Dist.ict No.1
AGENDA
September Z7, ZOOI
t. MINUTES
Approve the minutes from the meeting held on September 13, 2005.
:Ie GENERAL PUBLIC COMMENT
CONSENT AGENDA
t. WARRANTS LIST
Approve warrants List No, 50 and 51
2..
COUNTY ATTORNEY
,-
!\Q~\U~\
1"'\ ~/C
Impoundment No.3 Wetland Restoration - WorR Authorization No. 19 with Hazen and Sawyer Engineering,
P.C. _ Consider staff recommendation to approve proposed WorR Authorization No. 19 with Hazen and
Sawyer Engineering, P,C., and authorize the Chairman to execute the WorR Authorization.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 pcrty 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 Community Services Manager at (772) 462-1m or roD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
'-'
"wi
Sit Lucie COlnt, Ero$ion Conlrol Dbtrici
F..nnie Hutchinson, Ch.i....n
Ch.is C..ft, Vice Chal.m.n
'o.eph E. ...Ith
Dou. Cow....
P.ul. A. Lewis
Dlst.lct No. .
District NO.5
Dlst.ict No. I
Dist.ict NO.2
Dlst.lct NO.1
AGENDA
.ept....... 2'1', 2005
I. rr',dMINUTE'
(')JD
frr r ~ Approve the minutes from the meeting held on September 13, 2005.
Z. GENERAL PUBLIC COMMENT
CON'ENT AGENDA
I. WARRANTS LIST
Approve Warrants List No. 50 and 51
Z. PUBLIC WORK' - ERO,ION 1'1'10
w/) A.
AH~ r 0
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Artificial Reef Grant Program: Acceptance of a $60,000.00 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef construction - Consider staff
recommendation to accept a $60,000.00 grant award from the Florida Fish and Wildlife Conservation
Commission (FWC) for artificial reef construction, approve the attached grant agreement with FWC
and execution of said grant agreement by the Chairperson.
Artificial Reef Grant Program: Acceptance of a $25,000.00 grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) for artificial reef monitoring - Consider staff recommendation
to accept a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission
(FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and
execution of said grant agreement by the Chairperson.
RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs:
Approval of ranl?ing and permission to negotiate with the three top ranl?ed firms - Consider staff
recommendation to approve the ranl?ing and permission to negotiate with the top ranl?ed three firms
and allow Contracts to be brought bacl? to the Board for approval.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 pcrty 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 Community Services Manager at (772) 462-lm or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
CAt.
Iw\
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A RAI.
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'-'
...,
BOARD OF COUNTY COMMISSIONERS
ADDITIONS AGENDA
September 27, 2001
CONSENT AGENDA
ADMINISTRATION
Planning & Zoning Commission ApPointment - Consider staff recommendation to ratify
Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission.
REGULAR AGENDA
COUNTY AnORNEY
Resolution No. 05-120 Utility Consolidation Resolution
recommendation to adopt Resolution No. 05-120 as drafted.
Consider staff
COUNTY AnORNEY
Update by Heather Young, Assistant County Attorney on the Code Violations issued by
the City of Fort Pierce on ChuclÙ Seafood.
(1n5ehSIÅS +0 se¡Jt CA \e~e(lo'A~ 3cda¡0J-kc.ê. (lde+UAI+ t6
If S~L(
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen
by the Boord 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 Community Services Manager at (772) 462-1m or TOO (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
\..;
..",,¡
\r'
~
ITEM NO. 8A
DATE: 9/27/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT(X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING DEPARTMENT
PRESENTED BY:
ED PARKER, DIRECTOR
SUBJECT: Award Bid #05-088 - Savannas Maintenance Building
BACKGROUND: See Attached memo.
FUNDS AVAILABLE: Funds are available in the following accounts:
001-7220-562000-7650 (Building - Savannas)
310002-7240-562000-7650 (Building - Savannas)
PREVIOUS ACTION: N/A.
RECOMMENDATION: Staff recommends that the Board award Bid #05-088 - Savannas
Maintenance Building to Hennis Construction Company, Inc. for a total
amount of $149,000 and grant permission for the Chairman to sign the
contract as prepared by the County Attorney.
COMMISSION ACTION: CE:
(X) APPROVED () DENIED
( ) OTHER Approved 4-0
Comm. Coward Absent
o ANDERSON
COUNTY ADMINISTRATOR
County Attorney ()()
~rð
Coord ination/S iq natures
r I
\ iìt't, Ii
MgL & Budget í() ~ y y \,~ \
Other ( )
Purchasing (X)
/J
¿J
;;//
Originating Dept. ( )
Other ( )
Finance: (check for copy, only if applicable)_
·
BOARD OF '-'
COUNTY
COMMISSIONERS
....,
PURCHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
To:
Board of County Commissioners
Ed Parker, Purchasing Director ~f
From:
Date:
September 19, 2005
Re:
Bid #05-088- Savannas Maintenance Building
*******************************************************************************************************************
BACKGROUND:
On August 1 0, 2005 bids were 0 pened for B id # 05-088 - Savannas Maintenance Building_ Seven
hundred thirty-one (731) vendors were notified, twenty-three (23) documents were distributed, and
one (1) response was received. Staff recommends that the Board award Bid #05-088 - Savannas
Maintenance Building to Hennis Construction Company, Inc. for a total amount of $149,000 and grant
permission for the Chairman to sign the contract as prepared by the County Attorney.
¡.
'-'
..""
BOARD OF COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
Tabulation Sheet - Bid # 05-088
Savannas Maintenance Building
Opened: August 1 0, 2005 at 3:00 p.m.
One Vendor responded to Bid # 05-088:
Hennis Construction Company, Inc.
Fort Pierce, Florida
Fax: 772-464-4114
Bid Price (slab and building with stub out for utilities):
Total Bid Price (per complete plans/specs):
$90,000.00
$149,000.00
Number of Companies Notified*:
731
Number of Bid Documents Distributed*:
23
Number of Bids Received:
1
*per demandstar.com
JOSEPH E_ SMITH, Distric: NO.1. DOUG COWARD, District NO.2. PAUL'; A LEWIS, Cistrict No_ 3. éRANNIE HUTc'INSON, District '"c_ 4 . CHPJS CRAFT, District NQ. 5
County Administrator - Dcuç[as M. Andersen
2300 V:rgir,ia Avenue - Fort Pierce, r:L 34982-5652 - Phone (772) .162-í700 - TDO (772j 462-1428
website: WIv"N,c:).st-lucie.il.us
¥
..",
MEMORANDUM
DEPARTMENT OF CENTRAL SERVICES
TO: Ed Parker, Purchasing
FROM: Jess Baxley, Central Services
DA TE: September 15, 2005
SUBJECT: Bid # 05-088
*****x************************************************************************************************
Central Services recommends that BOCC accept the low bidder on Bid # 05-088,
Hennis Construction. For the total bid price of $149,000.00 (per complete plans(specs).
On Item #1.27 PAYMENT. Central Services suggest the draw schedule payments be
set up on a monthly per/cent complete.
cc.Guy Medor
OÇ-16-05A09:42 RCVD
~
....,
Page 1 of 1
Jennifer Cruz - Re: Account Name & Number for Attached
Agenda Req uest
z
~.ÆiI'
¡¡¡ ~
From:
To:
Date:-
Subject:
cc:
Guy Medor
Cruz, Jennifer
9/19/2005 2:57 PM
Re: Account Name & Number for Attached Agenda Request
Baxley, Jesse; Ivey, Summer; McLam, Don; Messier, Elaine; Patti
Raffensberger
Here we go; there are two fund sources:
001-7220-562000-7650 (Building - Savannas)
310002-7240-562000-7650 (Building - Savannas)
Guy
»> Jennifer Cruz 09/19/05 2:46 PM »>
Could you please supply me with the account name and number for the attached agenda request Thank you_
Jennifer Cruz
Executive Assistant
Purchasing Department
cruzi@stlucieco"gov
(772) 462-1700
fax: (772) 462-1294
file:IIC: \Documents%20and %20Settings\Administrator\Local%20Settings\Temp \GW} 000. _ _ 9/19/2005
-.....
...-
...,
ITEM NO. 8B
DATE: 9/27/2005
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT(X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER. DIRECTOR
SUBJECT: Bid #05-094 - Subdivision #1 Mowing Contract
BACKGROUND: See Attached memo.
FUNDS AVAILABLE: Account# 101-4110-534000-400 - Other Contracts
PREVIOUS ACTION: N/A.
RECOMMENDATION: Staff recommends awarding Bid #05-094 - Subdivision #1 Mowing
Contract to the lowest responsive and responsible bidder, Accolades
Services for a total amount of $76,750 and recommends Board
authorization for the Chairman to sign the contract as prepared by the
County Attorney.
COMMISSION ACTION: CE:
~ APPROVED () DENIED
( ) OTHER
DO ANDERSON
COUNTY ADMINISTRATOR
Approved 4-0
Comm. Coward Absent
Coord ination/S iqn atures
County Attorney (X)
~
1-/
Mgt. & Budget ()Q
Other ( )
Purchasing (X)
¿II/'
Originating Dept. ( )
Other ( )
finance: (check for copy, only if applicable)_
BOARD OF '-'"
COUNTY
COMMISSIONERS
..""
PURCHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
From:
Board of County Commissioners -
IfJ
Ed Parker, Purchasing Director /]I U
September 19, 2005
To:
Date:
Re:
Bid #05-094 - Subdivision #1 Mowing Contract
***********************************************************************************************************
BACKGROUND:
On August 31, 2005 bids were opened for Bid #05-094 - Subdivision #1 Mowing Contract for
the Public Works Department, Road & Bridge Division. Two hundred forty-five (245) vendors
were notified, twenty-two (22) documents were distributed, and five (5) responses were
received. Staff recommends awarding Bid #05-094 - Subdivision #1 Mowing Contract to the
lowest responsive and responsible bidder, Accolades Services for a total amount of $76,750
and Board authorization for the Chairman to sign the contract as prepared by the County
Attorney.
, '
'"
...."
PUBLIC WORKS DEPARTMENT
ROAD & BRIDGE DIVISION
MEMORANDUM
FROM:
ED PARKER, PURCHASING DIRECTOR
DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER 'þ\P'1\:
To:
DATE:
SEPTEMBER 13, 2005
SUBJECT:
AWARD OF BID #05-094 - SUBDIVISION #1 MOWING CONTRACT
We have reviewed all of the bids submitted for this Mowing Contract and recommend
awarding this contract to the lowest responsible bidder, Accolade Services. Their three-year
bid total was $76,750.00.
Please prepare an agenda item for this award at your earliest convenience. Funds will be
available in next year's budget under account 101-4110-534000-400, Other Contracts.
If we can be of further assistance, please contact me at extension 2802.
DWH/sb
cc: J_ Scott Herring, Road & Bridge Manager
Gordon Joyner, Maintenance Operations Supervisor
Larry Leary, Maintenance Foreman III
09-14-05P12:42 RCVD
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ITEM NO. BC
DATE: 9/27/2005
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT(X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER. DIRECTOR
SUBJECT: Bid #05-095 - Subdivision #2 Mowing Contract
BACKGROUND: See Attached memo.
FUNDS AVAILABLE: Account# 101-4110-534000-400 - Other Contracts
PREVIOUS ACTION: N/A.
RECOMMENDATION: Staff recommends awarding Bid #05-095 - Subdivision #2 Mowing Contract
to the lowest responsive and responsible bidder, Accolades Services for a
total amount of $205,000 and Board authorization for the Chairman to sign
the contract as prepared by the County Attorney.
~ APPROVED
( ) OTHER
( ) DENIED
COMMISSION ACTION:
Approved 4-0
Comm. Coward Absent
Coord ination/S iqnatures
County Attorney ()()
LC}l
Mgt. & Budget 00
Other ( )
.!VI, rrAJ~
IWI
//j.. ..~
Purchasing (X) é4lL
Originating DepL ( )
Other ( )
finance: (check for copy, only if applicable)_
-.
....,
ITEM NO. 8C
DATE: 9/27/2005
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER, DIRECTOR
SUBJECT: Bid #05-095 - Subdivision #2 Mowing Contract
BACKGROUND: See Attached memo.
FUNDS AVAILABLE: Account# 101-4110-534000-400 - Other Contracts
PREVIOUS ACTION: N/A.
RECOMMENDATION: Staff recommends awarding Bid #05-095 - Subdivision #2 Mowing Contract
to the lowest responsive and responsible bidder, Accolades Services for a
total amount of $205,000 and Board authorization for the Chairman to sign
the contract as prepared by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED () DENIED
( ) OTHER
DOUG ANDERSON
COUNTY ADMINISTRATOR
Coord ination/S iq natures
County Attorney (x)
L91
Mgt. & Budget 00
Other ( )
f'f: rN\. f,\ A
I!w}-~\
Purchasing (X)
4IIJ
Originating Dept. ( )
Other ( )
finance: (check for copy, only if applicable)_
..
BOARD OF COUN~
COMMISSIONERS
....,
PURCHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
From:
Board of County Commissioners
Ed Parker, Purchasing Director {j\ f
To:
Date:
September 19, 2005
Re:
Bid #05-095 - Subdivision #2 Mowing Contract
***********************************************************************************************************
BACKGROUND:
On August 31, 2005 bids were opened for Bid #05-094 - Subdivision #1 Mowing Contract for
the Public Works Department, Road & Bridge Division. Two hundred forty-two (242) vendors
were notified, twenty (20) documents were distributed, and five (5) responses were received.
Staff recommends awarding Bid #05-095 - Subdivision #2 Mowing Contract to the lowest
responsive a nd responsible bidder, Accolades Services for a total a mount of $205,000 and
Board authorization for the Chairman to sign the contract as prepared by the County Attorney.
..
'-"
..,
PUBLIC WORKS DEPARTMENT
ROAD & BRIDGE DIVISION
MEMORANDUM
FROM:
ED PARKER, PURCHASING DIRECTOR
DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER ~tJ ~
To:
DATE:
SEPTEMBER 13, 2005
SUBJECT:
AWARD OF BID #05-095 - SUBDIVISION #2 MOWING CONTRACT
We have reviewed all of the bids submitted for this Mowing Contract and recommend
awarding this contract to the lowest responsible bidder, Accolade Services. Their three-year
bid total was $205,000.00.
Please prepare an agenda item for this award at your earliest convenience. Funds will be
available in next year's budget under account 101-4110-534000-400, Other Contracts.
If we can be of further assistance, please contact me at extension 2802.
DWH/sb
cc: J_ Scott Herring, Road & Bridge Manager
Gordon Joyner, Maintenance Operations Supervisor
Larry Leary, Maintenance Foreman III
09-14-051:)')_
. ,-·42 F?
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ITEM NO. 8D
DATE: 9/27/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING DEPARTMENT
PRESENTED BY:
ED PARKER. DIRECTOR
SUBJECT: Award of RFP #05-070 - Space Needs Study
BACKGROUND: See attached memo.
FUNDS AVAILABLE: $100,000 from FY 06 Space Needs Study Account 001-1900-531000-100
and $30,000 from FY 06 Implementation of Criminal Justice System
Assessment Account 0019910-599325-800
PREVIOUS ACTION: N/A.
RECOMMENDATION: The committee recommends approval to award RFP #05-070 - Space
Study Needs to the highest rank firm Institute for Law & Policy Planning for
an amount not to exceed amount of $130,000.
Approved 4-0
Comm. Coward Absent
COMMISSION ACTION:
QQ APPROVED () DENIED
( ) OTHER
DOU DERSON
COUNTY ADMINISTRATOR
Coord ination/SiQnatu res
County Attorney (x)
Originating Dept. ( )
Cf'/
r(
v
I ,'\ / vi! V~U'--!'J 1 AI .
Mgt. & Budget ( x ) ~y~ . v il:':'J
.J
Other ( )
¡;.
Purchasing ( x ) tØÍ
.... /
Other ( )
Finance: (check for copy, only if applicabie)_
· ,
i ~
'-
BOARD OF
COUNTY
COMMISSIONERS
\.r
"WI
PURCHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
To:
Board of County Commissioners
From:
Ed Parker, Purchasing Director
Date:
Re:
August29,2005
Award of RFP #05-070 - Space Study Needs
BACKGROUND:
On July 13, 2005 proposals were opened for RFP #05-070 - Space Study Needs. Eight
hundred sixty-one (861) vendors were notified, thirty-five (35) documents were distributed,
and two (2) responses were received. A Selection Committee met on August 25, 2005 and
again on August 29, 2005 to review the proposals. The committee recommends approval to
award RFP #05-070 - Space Study Needs to highest rank firm Institute for Law & Policy
Planning for a not to exceed amount of $130,000.
Points
449
426
JOSEPH E_ SMITH. District No_1 . DOUG COWARD. District NO.2. PAULA A lEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No_ 5
County Administrator - Douglas M_ Anderson
2300 Virginia Avenue - Fort Pierce, Fl 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428
website: www.co.st-luCÎe.f1.us
, .
~
-..J
BOARD OF COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
TABULATION SHEET - RFP# 05-070
SPACE NEEDS STUDY
CENTRAL SERVICES
OPENED: JULY 13, 2005 AT 2:00 P.M.
THE FOLLOWING VENDORS RESPONDED TO THE RFP:
INSTITUTE FOR LAW & POLICY PLANNING
BERKELEY, CALIFORNIA
FAX: 510-486-8352
CARTER GOBLE ASSOCIATES, INC.
COLUMBIA, SOUTH CAROLINA
FAX: 803-779-8518
NUMBER OF COMPANIES NOTIFIED': 861
NUMBER OF BID DOCUMENTS DISTRIBUTED': 35
NUMBER OF BIDS RECEIVED: 2
"cer demandstar.com
JOSEPH E SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A LEWIS, District NO.3' FRANNIE HUTHINSON, District NO.4' CHRIS CRAFT, District No_ 5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428
website: www.co.st-Iucie_fl_us
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Page 1 of 1
...,
Edward Parker - Space Needs Study
From:
To:
Date:
Subject:
Jennifer Hill
Parker, Edward
8/29/20059:27 AM
Space Needs Study
______._~'w..__"._____.._~__.___...__
---- ---~._~--,_._._---_.-
$100,000 was added to the FY 06 Budget for the space needs study in account 001-1900-531000-100.
file:J IC: \Documents %20and%20Settings\Administrator\Local %20 S ettings\ Temp \GW} 000... 8/29/2005
¥
~
Page 1 of 1
Edward Parker - Space Needs Study
From:
To:
Date:
Subject:
Jennifer Hill
Parker, Edward
8/29/2005 12:02 PM
Space Needs Study
- - _._--_._--~._~ -'---'--'_.~----'---~-----"-~'-"------"--'-~------_.---..- ...----..--.
.-..---.--.---...---
The additional money needed for the space needs study (approximately $30,000) will come from the money set
aside for the Implementation of Criminal Justice System Assessment which is budgeted in 001-9910-599325-800
- Settlement reserve.
file:/IC: \Documents%2 Oand%2 OSettings\Administrator\Local %20 Settings\ Temp \G W} 000... 8/29/2005
...,....-.
'WI
ITEM NO. BE
DATE: 9/27/2005
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT(X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER, DIRECTOR
SUBJECT:
Bid #05-096 - Subdivision #3 Mowing Contract
BACKGROUND: See Attached memo.
FUNDS AVAILABLE:
Account # 101-4110-534000-400 - Other Contracts
PREVIOUS ACTION:
N/A.
RECOMMENDATION:
Staff recommends awarding Bid #05-096 - Subdivision #3 Mowing
Contract to the second lowest bidder, Treasure Coast Lawns, Inc. for a
total amount of $189,150 and recommends Board authorization for the
Chairman to sign the contract as prepared by the County Attorney.
IX¡ APPROVED
( ) OTHER
( ) DENIED
COMMISSION ACTION:
Approved 4-0
Comm. Coward Absent
County Attorney çw.)
.~
~.
"
Coord ination/S jqnatu res
r: 1ml ,~
Mgt. & Budget ~ ( 1f rYH I~
Other ( )
Purchasing (X)
~~fJ
Originating Dept ( )
Other ( )
finance: (check for copy, only if applicable)_
.~
BOARD OF '-"
COUNTY
COMMISSIONERS
...,.,
PURCHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
To:
Board of County Commissioners
From:
Ed Parker, Purchasing Director
Date:
September 19, 2005
Re:
Bid #05-096 - Subdivision #3 Mowing Contract
***********************************************************************************************************
BACKGROUND:
On August 31, 2005 bids were opened for Bid #05-096 - Subdivision #3 Mowing Contract for
the Public Works Department, Road & Bridge Division. Four hundred ninety-two (492) vendors
were notified, twenty-four (24) documents were distributed, and four (4) responses were
received. The low bidder, Dunn Tractor Services had two previous contract terminated by the
Road & Bridge Division by mutual agreement of both parties. Staff recommends awarding Bid
#05-096 - Subdivision #3 Mowing Contract to the second lowest bidder, Treasure Coast
Lawns, I nc. for a total amount of $189,150 and Board authorization for the Chairman to sign
the contract as prepared by the County Attorney.
~
.."J
PUBLIC WORKS DEPARTMENT
ROAD & BRIDGE DIVISION
MEMORANDUM
FROM:
ED PARKER, PURCHASING DIRECTOR
DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER 'Q\ÛW
To:
DATE:
SEPTEMBER 16, 2005
SUBJECT:
AWARD OF BID #05-096 - SUBDIVISION #3 MOWING CONTRACT
We have reviewed all of the bids submitted for this Mowing Contract and found only two bidders that
submitted a three-year bid total and included amounts for option years 4 and 5_
The lowest bidder, Dunn's Tractor Services, has done mowing work for the Road & Bridge Division on
previous contracts and did not always provide satisfactory service. Dunn's Tractor Services was
awarded the mowing contract (C01-1 0-031) in 2001 for Subdivision #2 (North & West Fort Pierce
areas)_ On May 7, 2002 we sent him a letter terminating his contract by mutual agreement of both
parties. Additionally, he previously had the mowing contract for Subdivision #3 and we terminated this
contract by mutual agreement of both parties_
Therefore, we recommend awarding this contract to the lowest responsible bidder, Treasure Coast
Lawns, Inc_ Their three-year bid total was $189,150.00.
Please prepare an agenda item for this award at your earliest convenience. Funds will be available in
next year's budget under account 101-4110-534000-400, Other Contracts.
If we can be of further assistance, please contact me at extension 2802.
DWH/sb
Attachment
cc: J. Scott Herring. Road & Bridge Manager
Gordon Joyner, Maintenance Operations Supervisor
Larry Leary, Maintenance Foreman III
09-19-05P02:23 RCVD
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Send Registered Mail
Return Receipt Requested
May 7, 2002
Mr. Howard Dunn, Jr.
Dunn's Tractor Service
Post Office Box 12905
Fort Pierce, Florida 34979
Re: Notice to Terminate Subdivision #2 Mowing &Litter Pickup Contact - C01-1O-031
Dear Mr. Dunn:
This letter is to inform you that the St. Lucie County Commission approved termination of
the above referenced contract for mowing and litter pickup services as per Paragraph 21B,
This termination is by mutual agreement of both parties as discussed with 30 days notice
from the date of this letter, and will be effective June 7, 2002,
If you have any questions, or need additional information please contact me at 462- 2717
or via email atsherrinQ@co.st-lucie.fl.us.
Sincerely,
J. Scott Herring, P. E.
Road & Bridge Manager
JSHj sb.
cc: Ray Wazny, Public Works Director
P. M. Bowers, Asst. Public Works Director
Elbert Stewart, Maintenance Operations Supervisor
Gordon Joyner, Maintenance Field Foreman
Dan McIntyre, County Attorney
'--'
...,¡
January 16, 2002
Mr. Howard Dunn, Jr.
Dunn's Tractor Service
Post Office Box 12905
Ft. Pierce, Florida 34979
Re: Subdivision #2 Mowing Contract - Litter Pickup
Dear Mr. Dunn:
In reference to subdivision mowing in Sunland Gardens and Juanita Avenue west of
U. S. 1 the litter pickup was not completed to County contract requirements for
December 2001. Your payment for this cycle is in the mail, but once again your litter
pickup for this subdivision is not completed.
This letter is the first step in the contract procedure for resolving this situation. If the
problem continues your contract with St. Lucie County could be in jeopardy of
termination.
Thank you,
Gordon H. "Buddy" Joyner
R & B Maintenance Field Foreman
GHC/sb
cc: J_ Scott Herring, Road & Bridge Manager
Dewey Human, Project Supervisor
""
ITEM NO.-,,¡t
DATE: 9/27/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): Purchasinq
Ed Parker, Purchasinq Director
SUBJECT: Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend
Seed from Lesco Inc. for the Park & Recreation Department.
BACKGROUND: See attached memo.
FUNDS AVAILABLE:
Acct. #461-75201-552300-700 - Chemicals and Fertilizers
PREVIOUS ACTION:
N/A.
RECOMMENDATION:
Staff recommends approval of the bid waiver and sole source declaration
for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the
Park & Recreation Department.
COMMISSION ACTION:
ÞCI APPROVED [] DENIED
I J OTHER: Approved 4-0
Comm. Coward Absent
Originating Dept:
Other:
Dou Anderson
County Administrator
Purchasing Mgr_:(X)~
Other:
County Attorney:(X)
.~'
Mgt & Budget:;(X)
Finance: (Check for Copy only, if Applicable)
BOARD OF '-'
COUNTY
COMMISSIONERS
~CHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
From:
Board of County Commissioners
Ed Parker, Purchasing Director ~
To:
Date:
September 20, 2005
Re:
Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend
Seed from Lesco Inc. for the Park & Recreation Department.
***********************************************************************************************************
BACKGROUND:
Staff requests a bid waiver and sole source declaration to Lesco Inc. See attached justification
and sole source letter.
~
..,J
'-
JUSTIFICATION FOR
SOLE SOURCE PROCUREMENT
Based upon the Purchasing Manual, the proposed procurement described below is being procured
pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has
been made and there is only one source for the reQpired supply, services or construction item.
~_~_PIc:>eC:>~~--!~Prt?E~~I:!-~~-~--~c:>~-ow~!"g~-------------~-.-_.-------------.------.-....-----.---~------------------------.-
'Southeast Eagle Blend Seed, treated with the fungicide Apon to prevent disease. Item #061654.
" '._, .~..__"'~","_..O"..N_"^···
...' ..... " --,,~~~"-_.,,~". .-..--.----
..._.~._~~'._..__.,,__~,~.. .__~........_._._.._.<o__~..."~~.~,,,~..._.._.."_..._,..
. ,_,_ . . "__~~,_.__..~...___~.,,_.,.,_. .~__ ~,.._,,"_.v_~__,,·.~~.,.,·.._··_~v ,"-'_
As a sole source procurement from:
Inc.
Name of Company: Inc.
Contact Name: Allard
î-..·-·-»-~-"-m'-¥-~_~_.._...-.-.------~,,····-'-:
Phone: ¡772-337 -0335 i
~..."~_,~.,,._.~.__~~__~~.___-_~_M _____..."_....._..'&.,,.<
The basis for this sole source determination and the reason no 'other vendor is suitable is:
IDue to Lesco being our Sole Source provider for the fertilization program already in place at
¡Tradition Field, Lesco is the only provider of this seed compatible with the current program. This
¡seed contains three premium turf-type perennial ryegrasses that resists disease and it is a special
!blend that works with the current fertilization program and meets the Mets' specifications in keeping
Ithe fields healthy year-round.
~_.~_,__...~,_.m~M'___~__"___""_____~·_~_~__~·'_·_~___-~.,
Date [9/16-/05----------'------- ---
¡·-ßid~:----~~-··········:·:=::-:~:::=.',.---
· s ~ '
Tltle-m_. ... ......... ... .... .. _m
.."._..._o.._.'"n"'''^<'''_'__'_·_''_''
D.~:~iSion !Traditi~on_l'iel<il~"rks_&J<-"",_j
A~atur.
~_ _.._....__.._.__·.._O<..H·..__"·~
Note: 1. Enter description of goods or services to be procured.
2. Enter name of sole source contracting.
3. Enter the detennination and basis for sole source procurement.
4. Attach sole source letter from vendor and department.
5. Attach proposal from vendor with pricing.
¿;/Ü
Purchasing Dire~
Approved @
Disapproved 0
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G:FORMSISOLE SOURCEIINT
C)
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PECIFICATJONS '
PRODUCT
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Overseeding Eagle Blend
FEATURES:
Very Good Disease Resistance
Excellent traffic ':olerance
Fine Texture - SIJperior Density
Dark G...eo COlor
Quick Establishm, .nt
Good Transitionir 9 Quality
INGREDIENTS:
Contains three ofthef<,llowing Turf· Type
Perennial Ryegrasses: AlIsport, ProSporl,
Line Drive, or GreenvI1I9
DESCRIPTION:
Overseeding Eagle BI' ~nd contains three
premium turf·type perç,nnial ryegrasses.
Overseedíng Eagle BII ind has ¡hown good
disease resistance anll good wear tolerance.
This blend has an excI1ptíol1al dark green
color, and, because this product is a blend
of high quality perenn;:l1 ryegrasses, it
! produces a fine textu"(:d turf with good
\~/ density. Overseedìng I :agle is formuletèd
to transition well when Vv'arm season
grasses come out of dormancy.
GEOGRAPHICAL AD; 'PTATIQN:
For oven5eeding of dormant warm season
grasses, Overseedin ~ Eagle Blend i¡o
well adapted through ::>ut the warm humid,
subtropical, and w,mn arid zones.
SUGGeSTED USAGE:
For overseeding dorm lOt warm season
grasses, including: go f course greens, tees
and fairways, athletic: ¡aids, home lawns,
and commercial areas.
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Form ~6~6' LasCO I.. reg~ 1019<1 ...do",.,; of L!SCO T""M.IOg~.. LLC_
Ap,.n iO . tr.~",.rk of Sy~g.~t8 . :rop ~rotc<:Üon', 1""- 001-501
RECOMMENDED SEEDING RATES:
Golf course fairways and
oommercial turi ......_____ 250 - 400 Ibs/acre
Golf course greens
and tees ............ 10 - 251bs.l1,OOO sq. ft
TURF ESTABLISHMENT AND
RECOMMENDED MAINTENANCE
PRACTICES:
Overseeding should be accomplished prior
to the onset of cool temperatures that cause
warm summer grasses to go dormant.
Aerate or lightly verticut to assist in seed
incorporation. Use LESCO Starter Fertilizer,
and irrigate often until seedlings are
established.
Fertilize and irrigate periodically throughout
winter to maintain color and prevent stress.
Begin mowing when turf growth exceeds 1"
Maintain turf at 1 Yo" - 2". Mowing to 1/8" on
ol/erseeded putting greens is acceptable.
SPRING TRANSITION:
The objective of spring transition is a
conven~ion back to warm season grass_
Gradually re<.luce irrigation to put over'$eeded
grass under stress, When warm season
grass shows signs of green-up, lower
mowing height to weaken overseeded grass
and allow sunlight to reach warm season
grass. When warm season grass begins
active growth, lightly l/ertlcut or aerate to
promote growth.
SPECIFICATIONS FOR BIDDING
Overseedíng Eagle Blend
50 pound pOlypropylene bag ........ 061636
50 pound polypropylene bag
with Apron'''' ......................,.....061654
1000 Ib bulk bllg ............................. 061669
1000 Ib bulk bag with Apron* ........ 061653
. Apron fungicide treatment to help control
pythium
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PAGE 01
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Dec. 07 20Ø4 12: 3SF1'1 P1
TO:
ST LUCIE COUNTY
S27N.W.I'EACOCKBLVD.
PORT ST LUCIE, FLA. 34982
9/21/2005
FROM:
LESCO IN C.
1714 S. NUMEYER CIRCLE
PORT ST LUCIE, FLA. 34952
EILEENE:
WE CURRENTLY ARE THE SOLE PROVIDER OF LESCO PRODUCTS FOR
TRADITION FIELD. WE HAVE SETUP A SPECIALIZED FERTILIZATION
PROGRAH FOR THE FACILITY, AND THE PRODUCTS THAT YOU BUY FROM
US SUPP(IRTTHIS PROGRAM, WE ALSO SUPPLY SPECIALTY PRODUCTS
SUCH AS FUNGICIDBS, AND INSECTICIDES. WE ALSO SUPPLY TECHNICAL
DATA AND CONSULTATIONS WHEN PROBLEMS ARISE,
TH E FOLLOWING IS A LIST OF PRODUCTS THAT YOU ARE
CURREN~'LY USING.
18-0.]8 W DIMENSION
10-15-15 ~TARTER
16-2-16 SC% PPSCU
MANCOZEB
SUBDUE MAX
MANICUJŒ
19~O-19 W PRE-M
TOP CHOICE
9-2-24
SOUTH EA.ST EAGLE GRASS SEED ( TREATED)
IF yOU rIA VB ANY QUESTIONS, OR YOU NEED ANY MORE
INFORMATION. PLEASE FEEL FREE TO CALL ME @ (772) 3~7·0335.
DOU LAS ALLARD
SALES MANAGER
Lesco Inc.
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Public Works
Code Compliance Division
Memorandum
TO:
Doug Anderson, County Administrator
Ray Wazny, Assistant County Administrator
Fay Outlaw, Assistant County Administrator
FROM:
Dennis M. Grim, Code Compliance Manager I Building Official
(j)
SUBJECT: Request to proceed with PSL Impact Fee collection implementation
DATE: September 21,2005
Attached you will find a proposal from Municipal Software Company to add an "Impact Fee
Permit" binder to our existing City View software to collect PSL county impact fees.
It is understood that time is critical to have a mechanism in place by October 1, 2005. I am
asking your permission to have Municipal Software proceed with their process to create this new
binder. An agenda item will be brought before the BOCC on Tuesday September 27,2005.
Thank You
'-" ...,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006
DEPARTMENT:
DIVISION:
PUBLIC WORKS
CODE COMPLIANCE
RECOMMENDED: YES
APPROVED: YES
NO
NO
REVISED
REVISED
JUSTIFICATION:
Request approval from the Board of County Commissioners to accept proposal from Municipal
Software to pay for the collection of county Impact Fees from the City Of Port St Lucie. The
collection of Road, Public Buildings, Parks, and General Admistrative Fee will come from the new
"division" Impact Fee: 150-1300-xxxxxx-100.
EQUIPMENT REQ#:EQ06-208
EQUIPMENT REQ#:
ACCOUNT#: 150-1300-568000-1 00
ACCOUNT#:
'-'
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Public Works/Code Compliance
PREPARED DATE: 9/22/2005
AGENDA DATE: 9/27/05 effective 10/1/05
AceOONTNOMBER Aee.OONTNAME AMOUNT
TO: 150-1300-568000-100 Software $37,240
FROM: 150-9910-599300-800 Reserves $37,240
REASON FOR BUDGET AMENDMENT: Impact Fee Collection Proç¡ram to collect impact fees.
The software beinç¡ purchased is City View Municipal Software.
CONTINGENCY BALANCE: n/a
THIS AMENDMENT: n/a
REMAINING BALANCE: n/a
DEPARTMENT APPROVAL: ~ I
OMB APPROVAL: ( tilJ/ m J1ß....
BUDGET AMENDMENT #: BA06-100
DOCUMENT # & INPUT BY:
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FROM:
COUNTY ADMINISTRATION
MEMORANDUM
05-126
---
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TO:
,
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DATE:
RE: Implementation of Port St. Lucie Impact Fee Collection Program
As a result of yesterday's meeting with Port St. Lucie and the unsuccessful effort to have
them collect the County's Public Building, Parks and Road Impact Fees, staff is prepared
to implement the following impact fee collection program:
1. Today, September 16th, letters (copy attached) are being sent to builders and banks
explaining the collection process.
2. Today, September 16th, a public records request is being hand-delivered to Port St.
Lucie requesting weekly building permits. Every week hereafter, this information will
be requested (a copy of the request attached)
3. At the September 22'h Board of County Commissioners' Budget Public Hearing, a
$300,000 budget will be presented to the Board for approval (copy attached). The
revenue will come from the 4% Administration Fee that Port St. Lucie previously
received.
4. At the September 20th Board of County Commissioners' Meeting, staff will be
recommending that two Senior Accounting Clerks positions be created. The
positions are a part of the $300,000 budget described above. Initially we will fill one
position. If it is later determined two positions are warranted, we will fill the second
position. These positions will be located in Permitting.
5. The appeal process that has been discussed with the Board will be in place in two
weeks.
If changes to the above procedures are found to be necessary, we will make adjustments
at that time.
DMNab 05-126
c: RaJ Wazny, Assistant County Administrator
f;Çe utlaw, Assistant County Administrator
Dan Intyre, County Attorney
Dennis rim, Code Compliance Manager
Don We ,Public Works Director
Marie Gouin, Management and Budget Director
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Attachments
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COUNTY
ADMINISTRATOR
BOARD OF
COUNTY
COMMISSIONERS
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COUNTY /~'
FLORIDA'"
DOUGLAS M_ ANDERSON
September 16,2005
To Whom It May Concern:
As a result of a decision by the City of Port St. Lucie to discontinue collecting
Impact Fees for roads, parks and public buildings as of September 30, 2005,
the County was forced to adopt an alternate collection procedure for its impact
fees. The procedure requires the County to send the feepayer and the owner
an Impact Fee Statement Notice containing the amount due. The Notice allows
the owner / feepayer the option of requesting a hearing or paying the fee. If the
fee is not paid, the County will mail a Notice of Lien to the ownerjfeepayer and
file a Claim of Lien in the Official Records of the County.
If you have any questions concerning this new procedure, please contact Ray
Wazny, Assistant County Administrator, at 772-462-1452.
ouglas M. Anderson
County Administrator
DMAjab 05-147
c: Board of County Commissioners
Ray Wazny, Assistant County Administrator
Faye Outlaw, Assistant County Administrator
Dan McIntyre, County Attorney
Dennis Grim, Code Compliance Manager
JOSEPH E_ SMITH, DlSrricT No_ 1 . DOUG COWARD. DistTia No.2. PAULA A LEWIS_ DISTriCT No. J . mANNIE HUTCHINSON. DistricT No.4· CHRIS CRAfT. DistricT No.5
COUnTY Administrator - Douglas M. Anderson
2300 Virginia Avenue. Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · emoil: dougo@co.st-lucieJLus
web site: www.co_st-lucieJLus
'-"
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. Municipal Software
4464 Markham Street, Suite 1108, Victoria, BC, V8Z 7X8 Canada
Toll-Free 1.800.665.5647 I Tel: (250) 475.6600 I Fax: (250) 475.6080
www.MunicipaISoftware.com I Trading Symbol: T5X-V:M5Z
St. Lucie County, FL
Municipal Software Proposal to
Collect Impact Fees in CityView
property Information I permits & inspections I planning
code enforcement I licensing I cashiering I application builder
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Proposal to Collect City of Port St. Lucie Impact Fees in
CityView
Summary
Municipal Software Corporation is excited to be offered the opportunity to provide St. Lucie
County with a proposal to enable the recording and collection of Port St. Lucie Impact fees within
CityView. The following proposal identifies the scope of work to be performed, the expected
outcome and the estimate of costs to be charged by Municipal Software Corporation to St. Lucie
County, for the services to be provided. We hope this proposal meets your expectations and look
forward to the formal approval to begin development.
Sean Higgins
Municipal Software Corporation
Telephone: 1.800.665.5647 Ext 245
Email shiggins@municipalsoftware.com
Sincerely,
~
lain McLean
CEO
Background
Currently, the City of Port ST. Lucie FL (PSL) collects impact fees on behalf of St. Lucie County (SLC).
After 10/1/05, PSL will no longer collect these fees and it will be the responsibility of SLC to collect
these. St. Lucie County requires an automated process to be developed in CityView which will;
periodically record the permits issued by PSL for new residential construction, new commercial
construction and commercial additions; generate notification of impact fees to the property
owners; record collection of impact payments; generate notices of liens for overdue payments;
generate reports of impact fee payments for posting to the General Ledger. The work flow and
cash flow associated with the process are described in Appendix 1.
4464 Markham Street. Victoria, BC V8Z 7X8
Phone: (800) 665-5647 Fax: (2S0) 475-6080
~
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Scope of Work
The following assumptions are made:
· That S1. Lucie County will obtain, in electronic format from the City of Port S1. Lucie or its
contractors, the required data for periodic import into CityView, to include
o Property Identification data - PIO, Lot #, Block #, Section #,
o Ownership information - current ownership, owners mailing address,
o Mortgage holder information and mailing address,
o Construction square footage for new commercial construction and additions,
o Permit number and permit type information i.e. Single Family Residence, Multi-
family etc.
· That no export routines for the data from CityView are necessary,
· That SLC will provide all information needed for configuration of letters, fees and discounts,
General Ledger numbers, data import routines,
· That Municipal Software obtains from SLC a sample of the data from PSL or its Third party
contractor by close of business September 21, 2005,
· That S1. Lucie County will assist the expeditious completion of this work by providing the
template letters and reports in a form where the field information can be added by
Municipal Software (i.e. with text fields, logo, template wording etc) by September 26,
2005, and assisting with configuration of fees etc where called upon to do so.
Based on these assumptions and on discussions with the SLC project team, the following
developments are envisaged:
A. Creation of an import routine for inserting data from PSL into the appropriate tables in
CityView,
B. Two CityView Forms, tables and automation to:
1. Track property, owner and permit information (imported permits prefixed with PSL)
and generate and record fees, payment and discounts. Fees will be shown with
three amounts separated and summed (Road, Park and Public Building),
2. Enable batch generation of notification of:
i. Impact fee statement,
II. Notice of lien letters, and
iii. Claim of lien letters.
C. Two CityView reports to include:
1. Outstanding impact fees (outstanding for less than 60 days),
2. Outstanding impact fees/liens (greater than 60 days),
D. Four CityView letters to include:
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1. Statement of Impact fee - to be generated through a batch process after data
import from PSL or third party,
2. Notice of Lien - generated through a batch process on all accounts which are
greater than 60 days overdue,
3. Claim of Lien - generated through a batch process five days after the generation of
Notice of Lien
4. Release of Lien - generated singularly, as payments are received.
E. Configuration of impact fees in the CityView Flexfee system, including flat fees for
residential new constructions and square footage-based fees for commercial new
constructions and additions, with assignment of fees to five different General Ledger codes,
Schedule of Delivery
In view of the very tight desired timelines given by SLC, Municipal Software will do everything
possible to expedite delivery. However, key to a timely delivery will be the provision of the sample
data and letter and report prototypes to Municipal Software Corporation by SLC by the required
dates. The following delivery is proposed:
· Development items A., B.1, B.2.i, D.1 and E by October 1, 2005 (Delivery 1),
· Remaining development items by October 20, 2005 (Delivery 2).
~
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IMPLEMENT A nON SERVICES AGREEMENT
MEMORANDUM OF AGREEMENT made as of the 21st day of September, 2005.
BETWEEN:
St. Lucie County, FL
(hereinafter referred to as "THE COUNTY")
OF THE FIRST PART
-and-
MUNICIPAL SOFTWARE CORPORA nON
(hereinafter referred to as "MUNICIPAL")
OF THE SECOND PART
WHEREAS THE COUNTY requires the services of MUNICIPAL in connection
with the purchase and implementation of the Impact Fee application in CityView.
AND WHEREAS THE COUNTY requires the services of MUNICIPAL in
connection with providing training in the use of the CityView Software.
AND WHEREAS MUNICIPAL is qualified or has in its employment personnel
qualified to provide the required services;
NOW THEREFORE, in consideration of the promises, muh.1al terms, covenants
and conditions contained herein, the parties hereto agree as follows:
1) MUNICIPAL will undertake and provide the following services:
provide 2 concurrent licenses of CityView and services as dictated by its
Annual Software Maintenance Agreement. (to be confirmed)
provide Project Management for the implementation of CityView Software as
outlined in the proposal.
provide training for CityView Software as outlined in the proposal. (to be
confirmed)
2) The term of this Agreement shall run from the date it is signed for a period of three (3)
months. The term may be extended upon written agreement between both parties
within 60 days of the termination date.
3) In reh.1m for the work and services and products to be provided by MUNICIPAL
pursuant to the terms of this Agreement, THE COUNTY shall pay MUNICIPAL as
follows:
Page 1 0[4
Sq¡tember 21, 2005
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Licensing:
$4,000 - 2 concurrent City View Workstation licenses invoiced net 30 days upon receipt of initial
order. (to be confirmed)
Annual Software Maintenance::
$800 -for 2 CityView Workstation Licenses, to be added at the next anniversary date of the
existing Annual Software Maintenance Agreement (to be confirmed)
Implementation/Customization: (user review, form refinements and data conversion):
$15,820 - Delivery # 1 on or by October 1, 2005 consisting of
Import routine for Port St. Lucie data;
Form for tracking property, owner and permit information and to generate and
record fees, payments and discounts;
Batch generation of Notification of Impact Fee statements;
Statement of Impact Fee letter; and,
Configuration of impact fees in the City View FlexFee system;
$15,820 - Delivery # 2 on or by October 20, 2005 consisting of
Batch generation of Notice of Lien letters and Claim of Lien letters;
Reports for Outstanding Impact Fees and Outstanding Liens; and,
Letters for Notice of Lien, Claim of Lien and Release of Lien.
Training:
$800 - half day remote training on new Impact Fee application (to be confirmed)
Travel exPenses:
No travel is identified in this project.
All site visits that may be subsequently required will have travel costs for airfare, meals,
accommodation, transportation, travel time and layovers required for obtaining better airfares
and flight scheduling and other reasonable expenses billed at cost upon return.
which payment shall be exclusive of any and all expenses incidental and related hereto;
PROVIDED that THE COUNTY will pay to MUNICIPAL any other project costs and
expenses which are authorized in advance by THE COUNTY.
4) MUNICIPAL shall, for the purposes of this Agreement, be an independent
contractor and MUNICIPAL, its employees, agents or servants shall not be considered
employees of THE COUNTY for any purpose whatsoever. MUNICIPAL will be
responsible for the payment of income tax, pension, unemployment and all other
payments and deductions as are usually made by an employer on behalf of his
employees.
5) Where THE COUNTY determines that services provided by MUNICIPAL
pursuant to this Agreement are not in accordance with this Agreement, THE COUNTY
may require MUNICIPAL to remedy such deficiency. The exercise by THE COUNTY of
Page 2 of 4
September 21, 2005
'--'
-.I
the authority given pursuant to this clause shall not limit any other remedy that THE
COUNTY might have pursuant to this Agreement or at law.
6) All information and data received and compiled by MUNICIPAL, while
performing services pursuant to this Agreement, shall be treated as confidential for the
benefit of THE COUNTY and shall not be disclosed or made known to any other person
except as authorized by THE COUNTY.
7) All written reports, documents and studies prepared by MUNICIPAL to this
Agreement shall become the property of THE COUNTY.
8) THE COUNTY shall, during the progress of the services required pursuant to
this Agreement, cooperate with MUNICIPAL and shall funùsh to MUNICIPAL such
information as is in every way provide such cooperation as is reasonable in order for
MUNICIPAL to be able to perform the services required pursuant to this Agreement in
a satisfactory manner.
9) MUNICIPAL shall indemnify and save harmless THE COUNTY, its employees and
agents against any and all claims demands, actions and costs whatsoever relating to
damages to persons or property that may arise out of MUNICIPAL's performance of the
Agreement and THE COUNTY shall not be liable and responsible for bodily or personal
injury or property damage of any nature whatsoever that may be suffered or sustained
by MUNICIPAL's employees or agents in the performance of this Agreement.
10) There shall be no waiver of a breach of this Agreement unless such waiver is signed by
the party who has not committed the breach. Waiver to a specific breach shall not affect
the rights of the parties relating to other future breaches.
11) For the purposes of this Agreement, the address of the parties are:
St. Lucie Cowlty
2300 Virginia Avenue
Fort Pierce, FL 34982
ATTENTION:
Dennis Grim, Code Compliance Manager
AND
Municipal Software Corporation
Suite 1108, 4464 Markham Street
Victoria, British Columbia
V8Z 7X8
ATTENTION:
Robert Bennett, President
12) Any communication, notice or service of documents required to be made during
the course of this Agreement will be good and sufficient if delivered to, or posted by
registered mail addressed to, the above addresses. Notice given in any such manner
shall be deemed to have been received by the party on the day of delivery or upon the
Page 3 of 4
September 21, 2005
/
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4th day after the date of mailing. Any party may change its address for service from
time to time upon notice to that effect. In the event of disruption of normal postal
service, and party giving notice hereunder shall be required to deliver the same.
13) This Agreement shall be governed by the laws of the State of Florida.
14) This Agreement may not be assigned by MUNICIPAL without the prior written
consent of THE COUNTY.
15) This document contains the entire Agreement of the parties hereto, and no
modification thereof shall be binding upon the parties unless such modification is in
writing signed by the respective parties hereto.
16) This Agreement shall ensure to the benefit of and be binding upon the parties
herein and their respective heirs, successors and assigns.
17) Time is of the essence in this Agreement, and if either party shall fail to perform
the covenants on his part to be performed at fixed times or alternatively within a
reasonable time for the performance thereof under the terms of this Agreement, the
other party may elect to terminate the Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first
above written.
FOR THE COUNTY:
Signature:
Name:
Title:
FOR MUNICIPAL SOFTWARE CORPORATION:
Signature:
Name:
Title:
Page 4 of 4
September 21, 2005
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OFFICE OF TIE CI1Y tMHÄGeR
em HALL. 11X1 NOR1'1't lJ.$- 1
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FORT PIERCE. F1..ORIDA )4.964-1480
TEL.(772) <100-2200
FAX(772) 46f-92Ø4
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septsntJef 23, 2005
Douglas M. MderIOn. County MrnlnistnU
St LucIe County
2300 Virginia Þ.oæ
FOIt Pierœ, FL 34982
RE:. 822 Seaway orNe .... ChuCk's SeafoOd. Inc.
De2l' Mr. Ande~:
EndoI8d you will find 8 cNonoIogy of I\e historY d violations that 1tIe City of Fort PierCe has wesponOed to owr tie
pat year with regërd 10 822 SeawaY Dr\'Æ. ¥IIi'I\c:h Is owned by St Lucie County ,m 1easecI \0 a priVà cIIizen.
As you can see by the NsÞy shown on 1M! attached three peges our s\aft has been busy dealing with \his problem
propertY ftr øver one year. This doe$ not even go m the b that has been søent daily wiIt1 t.e lessee 18 he
conØnues \0 Iry to obtain permits for øctMties hit St Lucie County ha6 not approved. As of today, \tie property is 811
In W:J6ation or City codeS and wíI not appearberore1he SpeCi8I Mastøruntlt next month. Clrrent!y, the fines e)(CQÐd
$21,000.
Although this is not a COUnty matter, the cuneot IøsSee IegaIy moved his NatiVe Country StudiOS, Inc. bu8iness from
822 SeIWlY Drlw to !he Egao-FlCkeIt bliking this week so that he could show the County that he is ÌI compIiæœ
8$ kJ code vIoIa&Jn$ at 822 Seaway Dri'Ie ønd thu8 be he8nI Þy1he County with regard to his site pI8I'I appication. We
wi now JJOOI8d with code entorœment acIion regilding tuIt RIM.
We 1Nst 1hat this Infon'natlon wll assist the Cœrty Cornmi98Ion In making decísIons with regard to this property as it
relates to .. CUl11lOt lessee.
Please feel free to contact this office if we can be of further ~ to you in this or oØ\er matlw1.
SinœreIy
~tJ~
Dennis W. Beach
City Milleget'
DWBJjdr
Q5..029
c: David L. Recor, Deputy City Manager
John Alcorn. t)recIDr of Building & Communiy Response
~':!j:ll/:¿~~ tJt:I:!:>b !:>b.L'Ibl":Lb'l
....1~'Ur:;v.L1 TtTII""'II"fÔO!'-.:,U:...1'.
,........- .....,.,
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..." PIF 1 of~
Chronology of Violation history at
Chuok'. Seafood, Inc. ç/o Lewta BIIrton (Sub......)
822 Seaway Dri".. Fort PiefCe, Florida 34t4I
( ~ _L:J=.l
V:.
~
J ..-~-~ \
I Maater filled that . vtctatiOO dì:I ~
. t, but was QI,II'8d end ifit .. out of
~, he may be tined up 10
.00 per day .. 8 n.put. vIoI8IØf.
21-5eJH)6 104_1.1
~
162,09
ConstnJdion inlier CII'I1"60.1i8ee
with no permit
I I
\ 17-Aug.Q5\ 104.1,'\ [
1
LøUer tom BuIòin9 0IfiCìIII1IO lAWtS
i-Aug-Oe Permt appIGIIion prac:ecIunIII BartI:I'I. 8dYI5In9 r 1hB prap8f procedure
ÑI.,jJIo;&liOn ... ~ let' In obWinlng .. BuIIdiI'I pen'I'IIt tor
ereiii' œnopy . Requîrtd . ... from ....
--
\ canopies erected over 0UII8ide conc;:rele ~I master granted .. 3O-d8Y
D8tiO with no Dem1It :;:::tinuenoe.
28-JuI-OS 104.'\.1
c.napies endtd wIthOUt pennit
f:1M ouI8ide COIlCleII& pallo
..em by aty advI8Ina 1he code
104.1.1 ..-.:I fine (I $2SO.oo pel
çOI"Itinuefl lID aocrua,
162.09
Con8Irudion........ (dOùÞIe .:_)
sill remained on !he p.operty
wIIhout a pennIt
Leier from Buldlng 0IficiaI .-Jor1llng
that"" fvr~ ~
[)ìwIing Roof EpIooIe" are
.~pIete and camot be fuI'IheI'
8-JuI-D5
AppIIcatIan fvr
"O\Itdc;xJr Cowred cnng RoOf EpicOt8"
PI;InnIt .~tion . CPY5-9
___t:J_::JI_.¿!1_:':\:I~':> \:I~: ':>1:>
~bl.Q.b/'='''::b''t
[1'"1(0011'-'''......... I 11'1...........'..11_1..
,-,.
'fttttIIJ PIF2of2
21-Jun-05 22-60 SpecieI MaStefs on*' assessing fine
on &1reet parking & Ioedlng ImpOSIng lien
Doing busNI& in the trWIer spec¡.l Master's order .....Ing b
9-27 (N8t!ve Country Studios. Ino-) ImpOSing lien
withOUt. IiCIIMe frOm Clerk Fine amount was $3 500
MasåIr DetamWMId that 1I1e
Rwocetion of permit for r;;enstruc;tian exiI1Ied. 'The Master found that
15-JUn-OS 1152.09 traüer WII8 not being UloId for the
TI1IiIer (Double Wide) purpose ønd the pefri did not
. aoubleWlCle ......
wø gMIn 1 days to mncwe the
01' . tine Of $250.00 per day.
FailUre to 0ÞtaIn 8 pennIt for aII8ring It was liiio found !hilt no permit 'MI$
toøoørllPl'tY end the ~ cI and reel to &Iter u. tgpugtaphy of the
br¡ add~ _net.
10·'-1.1 C4m0pie8 ~ with no penna No bUIldInG permit \!ad been applied
the.....dIon of the \i4lll1OØÏC5
onier det8mlir1Ïn9 repeat violatIonS·
GI¥8n 15 <lays 10 aÞtIÎf1 the perml fa'
or t808Ive a fine of '150.00 per
r1 , -'1
22-60 \ Oft-StrBIIt pm1dng end Ioeding and _i cItMmIinIng Iøpeå vioI8tionI 1
cIoing bu8inees in lie ....
withOUI: . occuPØtional ~
18-Àpr..05
No occupdOnllllcen8e
for. busineM In the IrIIIIer
IeUer 5117105
1 B-Mao¡
22-16
Off snet ~rkrG of 18-Whee1er
9-21
DoIng busineSS in trùIr wIthoUt.
occupIItiOnaI....
Er8d8d
Work commen'*' ÞebtI permit IIsI8Ø
Regarding changing tDpoOlIIPhY
8nd bñlglng in SMd
Stop worX order iI$Ied
~
17-MaY-OS 1_103.3
FPCS-
1.104.6.2
StudIos. Inc.
13-Apr'()5 22-65
5-
1.1034
TemporalY use of oft'Ice 1rIIIer
eII8r moki'Ig pennit for tem¡:IOnIry
trailer. Pem1It does not pII)VGe for
. for a I1oU*Wide structure,
~~t~{/~~~~ ~~:~b ~~iqb/~Lb~
YI\oITU~l...oJ. I y....i~"Il-tl.:U::..1'.
,................ .........
.........~- --...--------......-........-.
.
~
22-16 1e"l--07
9--27
Off street parIdng d 18-whM18r
DoIng buÅ1888 in trIIIef wfthCIut
. 0CCIJ)IIti0rIa license
22-80
16-
48(1)(5)
104.1.1
Commerci81 venäe pam.d
Ol.ltaide slOnIge of deÞri$ and rnateñals
.,.et8d ~.
LeUiaf eent tø ChUdC'. ~r..od
1 1-Jøn-05
16-48 (10)
d
1004.1_1
9-27
16-48 (1)
(5)
22-ðO
8-Deo-04 104.1_1
Pe!mil: ~ for ,....þ¡IItioI, d WIIIIer
front. Þeeoh, pier n Þo8I'dW*
'WIll PIp 3 of 3
MIlt tg LewIs BañDn from CIty
'reg him that 8dd1llOnll1r\fom'llltiOl1
ÞefDre a permit QOI.IId be iItUed.
D
o
The banner .gn&
were remò'I8d.
Au1hu. i2ation to ~ \he signs
~~lI!InecI
Ban,. 84gns erec:tId wII.out a permit
23-Jun-04 15-6
\
I
J
I
8õm.-.rs ~,18t"'ød wittøJt ø pennIt Mr. Barton muaed to 8CCIPt ø tetW
~._ ~rdlf1g the two t.nner- sQn&
F-Mt-04j 15-5 C\
\.t
.J
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney I)1c:)
C.A. NO: 05-1612
DATE: September 26,2005
SUBJECT: Chuck's Seafood, Inc. - Status of City of Fort Pierce Code Violations
On September 21, 2005, the City of Fort Pierce Special Magistrate considered the
outstanding Code violations against Chuck's Seafood, Inc. With regard to the tent canopies
behind the restaurant, she found that the removal of the canopies abated the violation, but she
ruled that Chuck's was a repeat violator and any subsequent violations would be subject to a five
hundred and 00/100 dollars ($500.00) per day fine. In response to a request from Lewis Barton,
the Special Magistrate continued the appeal hearing on the fine for the non-permitted double
wide trailer until the October 19, 2005 meeting. Mr. Barton presented a letter from a contractor
indicating the trailer would be moved by September 24,2005. In agreeing to continue the appeal
hearing, the Special Magistrate advised Mr. Barton that the fine would continue to run until the
violation was abated.
On September 26, 2005, Bob Dusanek, City of Fort Pierce Code Compliance Manager,
informed me that the trailer had been moved over the weekend and the violation was considered
abated. According to Mr. Dusanek, the fine will be calculated through September 25, 2005.
During the September 21, 2005 hearing, the City staff testified that the fines on the property
were approximately twenty thousand and 00/100 dollars ($20,000.00), plus administrative costs.
Mr. Dusanek also informed me today that the City would be sending Chuck's a Notice of
Violation for the restaurant's sign which was damaged in the hurricanes and has not been
repaired to date.
Copies to:
County Administrator
Assistant County Administrator Wazny
Deputy Clerk
Press/Public