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Agenda Packet 02-10-04
¡ ~ ~ AGENDA REQUEST ITEM NO. -2/f _ DATE: February 10, 2004 REGULAR [X] ~- PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-43 - Proclaiming February 16,2004 through February 22, 2004 as "ST. LUCIE COUNTY SURVEYORS WEEK" in St. Lucie County, Florida. BACKGROUND: Mr. Ron Harris, County Surveyor, received a request from the Local Chapter ofFSMS and the State Society to proclaim February 16, 2004, through February 22, 2004 as St. Lucie County Surveyors Week in St. Lucie County, Florida. The attached Resolution No. 04-43 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-43 as drafted. r COMMISSION ACTION: NCE: [~. APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 o g sAnderson County Administrator County Attorney: Jr/ Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Ot,her : Finance: (Check for Copy only, if applicable)___ Eff. 5/96 / ~ "wi AGENDA REOUEST ITEM NO. dß_ DATE: February 10,2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-34 - Proclaiming February 20, 2004, through February 28, 2004, as "Jazz WeeklMain Squeeze Citrus Festival" in Fort Pierce, Florida. BACKGROUND: Mr. Danyl T. Bey, President ofthe Fort Pierce Jazz Society has requested that this Board proclaim February 20, 2004, through February 28, 2004, as JazzWeeklMain Squeeze Citrus Festival in Fort Pierce, Florida. The attached Resolution No. 04-34 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-34 as drafted. r COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Jv Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eft. 5/96 ~ '--' AGENDA REOUEST ITEM NO. :¿ E DATE: February 10, 2004 REGULAR [X] ADDITIONS PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-58 - Proclaiming February 12, 2004, as "STEP UP FLORIDA DAY" in S1. Lucie County, Florida. BACKGROUND: Ms. Helga Snure, Health Education Director of the S1. Lucie County Health Department has requested that this Board proclaim February 12, 2004 as Step Up Florida Day in S1. Lucie County, Florida. The attached Resolution No. 04-58 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-58 as drafted. /" . COMMISSION ACTION: NCE: IXJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou erson County Administrator County Attorney: )?f Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ ...I AGENDA REQUEST ITEM NO._6 DATE: February 10, 2004 REGULAR [x] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONER$--- SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Lincoln Park Community Center Extended Hours and approval of BA No. 04-133. BACKGROUND: At the request of the Concerned Citizens Committee, Commissioner Bruhn has requested staff to agenda for discussion and direction, a proposal to extend the Lincoln Park Community Center Hours from 9:00 p.m. to 11 :00 p.m. on Saturday nights for a trial period of six months. The extended hours would begin March 27th after all current bookings have been honored. Friday nights will be available for future rentals of the facility. Attached for review is breakdown of the costs attributed to extension of the hours, which include staffing, programming, and security. These additional costs are not currently budgeted. Staff would request Board consideration to allocate $14,260 from contingency into the Recreation budget if the proposal is approved. FUNDS WILL BE MADE AVAILABLE: 001-7216-513000.:7102 LPCC/Salaries, 001-7216- 534000-7102 LPCC/Other Contact. Svcs, 001-7216-552000-7102 LPCC/Operations & Supplies PREVIOUS ACTION: N/A ' RECOMMENDATION: Staff requests direction from the Board and approval of Budget Amendment No. BA 04-133 If proposal approved. [x] APPROVED /" [ ] DENIED [ ] OTHER: Approved 5-0 RRENCE: COMMISSION ACTION: o Anderson County Administrator County Attorney: ~ o.rV\ Purchasing: ~ Originating Dept: r ___ Other: _ Coord i natio n/Sia natures Mgt & Budget: ~ vt\~ Public Works: I I / I I Finance: (Check for Copy only, if applicable) _ ~. ....I AGENDA REQUEST ITEM NO. -.1 TO: SUBMITTED BY (DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMITTEE DATE: February 5, 2004 .-' REGULAR [X] PUBLIC HEARING [] CONSENT [] Board of County Commissioners Administration Bi-Weekly Committee Reports At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. N/A N/A This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Chamber of Commerce Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Shared Services Network Exec Round Table Treasure Coast--Council of Local Gov. Value Adjustment Board Tourist Development Council Lake Okeechobee Coalition COMMISSION ACTION: [ ] APPROVED )I OTHER: Reports Given [ ] DENIED MEETING DATE COMMISSIONER Monthly Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed 1 st Wednesday Quarterly Lewis Lewis Barnes Hutchinson Barnes Bruhn Coward Hutchinson Hutchinson/Bruhn/Lewis Barnes Hutchinson CE: D u as M. Anderson County Administrator Review and Approvals County Attorney:_ Management & Budget:_ Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing:_ Other: Effective: 5/96 "'" AGENDA REQUEST ~ ITEM NO. C2 fr DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] ,_. CONSENT [ x ] TO: BOARD OF COUNTY.COMMISSIÖNERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Amendments to Agreements with George D. Dugan, III and Kirschner & Garlcmd to provide legal rçpresentation to indigents in criminal cases BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Amendments to the George Dugan, Esq. And Kirschner & Garland~ P.A. as outlined. [~APPROVED [ ] DENIED /" [ ] OTHER: Approved 5-0 Do M. Anderson County Administrator COMMISSION ACTION: Review and Approvals . [X] County Attorney:k []Management & Budget: [ ]Purchasing: [ ] Comm. Development.: [J Public Works Director [x ] Solid Waste Mgr ]Finance:(cheFk for copy only, if applicable) Effective 5/96 ~ AGENDA REQUEST -..I ITEM NO. 2.B Date: February 10,2004 Regular [ ] Public Hearing [ ] Consent [ X ] / TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 04-016":' Permission to Advertise BACKGROUND: See C.A. No. 04-151 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 04-016 for public hearings before the Local Planning Agency on March 18, 2004, and the Board of County Commissioners on April 6, 2004 and April 20, 2004, beginning at 7:00 p.m. or as soon thereafter as maybe heard. /" CE: COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: IK Coord ina tion/SÌI!natures Mgt. & Budget: <> ~~.~ <-~S)0A. 'I(, Other: ...........- Purchasing: Originating Dept.: Other: Finance (Check for Copy only, if applicable): I ~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER-:· Approved 5-0 [X] County Attorney: y [ ] Information Tech.: [x ]Finance:(check for copy only. if applicable) 'J ITEM NO. c2~ DATE: February 10, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Daniel S. McIntyre County Attorney Acceptance of Florida DEP Land & Water Conservation Fund Grant in furtherance of the River Park Marina See attached memorandum. The Board approved submitting the grant application on April 22, 2003. The Board approved signing the application for the Land and Water Conservation Fund Grant on August 12, 2003. Staff recommends that the Board of County Commissioners accept the grant award and authorize the Chairman to sign the Grant· Agreement. Review and A [ x ]Management & Budget: [ J Public Works Director Doug M. Anderson County Administrator [ ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 '-" ....J AGENDA REQUEST ITEM NO. oLD '~:;::_~.1:'<i"~-"".' . ~ ~. ~.. ~ . , DATE: February 10,2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Release' of Bond - Sterling Silver Scape& Sod, Inc. - C02-05-549 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board authorize the release of the Public Construction Bond. COMMISSION ACTION: RENCE: LX] APPROVED [ ] DENIED [ ] OTHER;.... Approved 5-0 - D 91as Anderson County Administrator G.v ·Review and A[2[2rovals County Attorney: .,J<l' Management & Budget -- Originating Dept. Public Works Dir:~'. Finance: (Chec~ for copy only, if applicable) Purchasing: County Eng.: 1M tI? Eft. 5/96 \w "-' AGENDA REQUEST ITEM NO.(}C ~ ",:'-; ;L-Ç" ~- . ' DATE: February 10 I 2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County; Permission to Advertise BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise Ordinance No.04-014 for March 2, 2004, which is a night mèeting. [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ouglas Anderson County Administrator COMMISSION ACTION: NCE: ~ 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 \w' AGENDA REQUEST .....1 ITEM NO. C-3 A DATE: Feb. 10,2004 REGULAR [ ] PUBLIC HEARING [ ] ,- CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: The United States Department of Agriculture Natural Resources Conservation Service awarded funds in the amount of$56,614. An estimated amount of$55,000 for 2003-2004 was initially budgeted, an additional $1,614 is required to equal the awarded grant amount. BACKGROUND: The Natural Resources Conservation Services (NCRS) needs to provide certain services in order to carry out their responsibilities. The District also desires to provide these services inorder to carry out their responsibilities, but does not have the resources available to provide these services. Therefore, the NCRS is willing to reimburse the District for a portion of the cost of Mobile Irrigation Lab (MIL) services in St. Lucie County, Florida in order to meet these responsibilities. FUNDS AVAILABLE: See the attached budget resolution PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 04-46 in the amount of$1,614. /" [X] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 NCE: COMMISSION ACTION: oug Anderson ounty Administrator Coordination/Signatures County Attorney: XX fJr' Management & Budget: XX \. 1L '/VI1'I!1l Purchasing: Originating Dept: Public Works: U Other: Finance: (Check for Copy only, if applicable) XX '-' -..I AGENDA REQUEST ITEM NO. 3B , .. ....-..'-->-.... " . - .. ... DATE: February 10,2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Equipment 04-236 and Budget Amendment BA04-128 for Handheld Computer. BACKGROUND: The SFWMD - Floridian Aquifer is allowing the purchase of a handheld computer for inputting data for meter reading out in the fields. FUNDS WILL BE MADE AVAILABLE: 001809-3720-564000-300 (Machinery & Equipment). PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment 04-128 and Equipment Request 04-236. [X] AWROVED [] DENIED [ ] OTHER: /" Approved 5-0 URRENCE: COMMISSION ACTION: Doug Anderson County Administrator Coordination/Signatures County Attorney: ;/Jt Management & BUdge~urchasing: Originating Dept: Soil & Water: Other: Finance: (Check for Copy only, if applicable) XX '-" '-' AGENDA REQUEST ITEM NO. C-3C ... . ... - . .. .. ",,' --.'-" . DATE: February 10,2004 REGULAR TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: -~ " PUBLIC HEARING ] CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin Adopt Budget Resolution 04-54 to establish the budget for Sunland Gardens MSBU Phase 1 project. The Sunland Gardens MSBU Phase 1 project has progressed to the point where a budget for construction costs can be established through interim financing. This project will fund the costs necessary in providing potable water improvements to properties within the Sunland Gardens MSBU Phase 1 project. The entire cost of the project will be funded through non ad valorem special assessments within the MSBU. Staff requests the Board's adoption of the MSBU budget to facilitate the project construction. See attached Budget Resolution 04-54 March 12, 2002 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. April 16, 2002 - Initial Public Hearing held; Board created MSBU and authorized the County Engineer to proceed with the project. December 9, 2003 - Board granted permission to advertise second Public Hearing. January 6, 2004 - Board adopted Resolution 03-323 to levy a non-ad valorem special assessment; approved the preliminary assessment roll; approved the expanded MSBU boundary; and, authorized staff to proceed with construction of the project. /" RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 04-54 establishing the budget for the Sunland Gardens MSBU Phase 1 project. COMMISSION ACTION: I)(] APPROVED [] DENIED Approved 5-0 [ ] OTHER: County Attorney: Orig Dept: ENCE: oug Anderson County Administrator ~ Coordination/Siqnatures Management & Budget: ~ f(lrrf:J Purchasing: 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 aI561-462-1777 or ADD 561-462-1428 at least forty-eight (48) hours prior to the meeting. ~ '-'" ~ I1EM NO. C-4 DATE: Feb. 10,2004 _.0';n. ..). .. u· : ~ .' J AGENDA REQUEST .. .. -. ''''m;O»-=--~_,,___m''''__~'ú_~ ~' REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to approve the purchase of a Router for Security/Firewall for the 911 Center. BACKGROUND: FDLE has requested more security for the 911 system. FUNDS AVAILABLE: Acct # 107001-2120-564000-200 - Machinery & Equipment. Funds will be available through account ~ 107001-2120-599300-200 - Reserve Budget Amendment # 04-131. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the Router. Equipment Request # 04-237 Budget Amendment # 04-131 COMMISSION ACTION: KAPPROVED 0 DENIED o OTHER: Approved 5-0 /" o County Attorney: Review and Approvals _ / ~anagement and Budget: <ttL In~ ~urchasing: /1 o Other: 'Î. J: p~ 0 Other: I2"Originating Dept: o Finance: Check f opy only, if applicable: ~ ....J Agenda Request Item Number Date: c-5A 2/10/04 .~. Consent Regular Public Hearing Leg. [ ] Quasi-JD [ ] " fu pre~~ j( if/t:j .' Environmenta esources Manager [ X ] [ ] [ ] To: Submitted By: Board of County Commissioners Public Works - Environ. Resources SUBJECT: Request to approve Budget Resolution 04-45 Insurance Reimbursement. BACKGROUND: On July 17, 2003, equipment was stolen from the County's Platt's Creek site including two lawn mowers, a trailer, and a tool box containing miscellaneous equipment. Staff has replaced the tool box, trailer and miscellaneous equipment meeting the insurance deductible. The insurance reimbursement check in the amount of $11,279 was received December 2003. Staff requests the funds be moved to the machinery and equipment account (001- 3920-564000-300) to replace the stolen equipment. PREVIOUS ACTION: Funds will be made available in 001-3920-564000-300. Environmental Lands Machinery and Equipment. On December 9, 2003, the Board approved Equipment Requests EQ04-221 and EQQ4- 222 to replace the stolen lawnmowers. FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board approve Budget Resolution 04-45 establishing#1e budget for reimbursement. COMMISSION ACTION: CXJ APPROVED c=J DENIED c::J OTHER Approved 5-0 r CURRENCE: Douglas M. Anderson County Administrator County Attorney· ~ Originating Dept.: \~ D~' Finance: ~ (' Coordination' Signat~res ~ Mgt. & Budget: Other: Purchasing: Other: 4// \wi ~ AGENDA REQUEST ITEM NO. C-&a DATE: February 10, 2004 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Vanessa BeSSey~ SUBMITTED BY: Public Works/Environmental Resources SUBJECT: Purchase of Trailside Composting toilets for Bluetield Ranch Preserve. BACKGROUND: Two primitive camp areas are designated at Bluefield Preserve. To provide sanitary facilities at two primitive camp areas, the Trailside Composting Toilet made by Romtec, is a portable unit that is sufficient in size and capacity to service the camp sites. Funds in the amount of $7300 are currently available for the construction of two observation towers, one of which is completed and it is not anticipated that the second will require the entire balance left. FUNDS AVAIL. Funds are available in 316-3920-563000-3104, Bluefield Ranch Preserve/County Capital Fund/Improvement Other than Bldg Account. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the purchase of two (2) trailside composting toilets at $2,168 each for a total of $4335. COMMISSION ACTION: CONCURRENCE: [X] APPROVED (] DENIED [ ] OTHER: Approved 5-0 Do s M. Anderson, County Administrator Review and Approvals County Attorney~ ,J;r:/ Purchasing: ~ f Originating Dept:~ ~Il~· Other: r r Mgl. & B"ûaget: k-o /1Jr'm ~ Parks & Rec: Finance: (Check for copy only, if applicable) AGENDA REQUEST ITEM NO~ DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Professional Engineering Services for Roadway and Intersection Design - Work Authorization NO.1 (C03-09-644) Kimley- Horn and Associates in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation Area. Michael Powley, P.E. County Engineer BACKGROUND: The Ten Mile Creek Water Preserve Area is a project proposed under the "Critical Restoration Project" program established by the Water Resources Development Act (WRDA) of 1996. When completed, this project will consist of a water storage area about 550 acres in size and with a maximum depth of water of about 10 feet above existing ground surface. The project will also include a polishing cell consisting of approximately 115 acres, and a 380 cfs pumping station that will pump stormwater runoff from the Ten Mile Creek into the reservoir. The primary purpose of the project is to control stormwater flow from the Ten Mile Creek into the North Fork of the St Lucie River. A secondary goal of the project is to improve water quality to the Indian River Lagoon and the St Lucie Estuary by reducing nutrient loading. A project of this scope and magnitude offers many opportunities for passive recreation and natural preserve areas. St Lucie County, in partnership with SFWMD, has undertaken the design and implementation of a passive recreation area to be built on the Ten Mile site. The recreation area will be planned and constructed in phases, based upon available funding. The recreation area east of Gordy Road will be undertaken as phase I of the proposed improvements. Attached is Work Authorization No. 1 to the Roadway and Intersection Design Agreement with Kimley-Horn and Associates to provide bidding services, bridge construction assistance, site construction assistance and certification in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation Area. FUNDS AVAIL.: Funds will be made available in: 102001-3725-563005-3631 Drainage Maintenance MSBU-Stormwater Mgt; 102001-3725-563012-3631 Drainage Maintenance MSTU-Stormwater Mgt. PREVIOUS ACTION: August 15, 2000 - Board approved the Cooperative Agreement with SFWMD for local match cost share. December 11, 2001 - Board approved the conceptual plan as prepared by Thomas Lucido & Associates. March 27, 2001 - Consultant Agreement executed with Thomas Lucido & Associates in the amount of $9,500 for conceptual design. r December 11, 2001 - Board approved the conceptual plan. May 14, 2002 - Board approved Consultant Agreement executed with Thomas Lucido & Associates in the amount of $27,500 for landscape architectural design and construction services. September 9, 2003 - Board approved the First Amendment to the Consultant Agreement with Thomas Lucido & Associates in the amount of $2,485 for additional services for phase I of the Ten Mile Creek-Gordy Road Recreation Area. November' 4, 2003 - Board approved 50-year lease agreement with SFWMD for the subject property known as Ten Mile Creek-Gordy Road Recreation Area. RECOMMENDATION: Staff recommends Board approve Work Authorization No. 1 with Kimley-Horn and Associates in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation rea. ~ COMMISSION ACTION: II APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou I sAnderson County Administrator Coordination/Sianatures (j./J 1'\ ..in I-.-. (xlM,1. & B",,9~ VU/ v¡ I mV¡ [xIRe,. Coo", ~ ~ [x]Co. Eng /1\ 'P [x]Co. ~or . ~ [x]ERD ~ . [x]County Attorney [x]Originating Dept. Public Works 10 mile ph 1 k-h wa 1.ag.doc ~~ '\wt '-' ITEM NO. C- 50 DATE: February 10, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Award Bid No. 03-103, Edwards I Selvitz Road Intersection Improvements project. The project consists of the construction of turn lanes, installation of traffic signals, and excavation of drainage swales and a dry retention pond. BACKGROUND: On November4, 2003 bids were opened forthe Selvitz/ Edwards Road Intersection Improvements project. There were 558 companies notified, 15 sets of bid documents distributed and three (3) bids received. The bids were checked using the unit prices that were provided. Based on our review of the bids, we recommend award of the contract to Ranger Construction Industries, Inc., the lowest bid, in the amount of $522,443.20. Construction of the project is scheduled to start April, 2004. Ranger Construction Industries, Inc. has indicated in a letter, which has been attached, that they will honor their bid until then. Staff is currently under negotiations with the property owners of the southwest corner of the intersection to acquire land necessary to construct the project. Before the County can issue a Notice-to-Proceed, the County needs to finalize negotiations with one adjacent property owner. FUNDS AVAILABLE: Funds are available in Fund NO.1 010064116-563000-4114 Transportation Trust/Impact Fees. PREVIOUS ACTION: None RECOMMENDA TI6N: Staff recommends award of Bid No. 03-103, Edwards / Selvitz Road Intersection Improvements project, to Ranger Construction Industries, Inc., the lowest bidder, in the amount of $522,443.20, establish the project budget as outlined in the attached memorandum, and authorization for the Chairman to sign the contract as prepared by the County Attorney. ~ COMMISSION ACTION: DQ APPROVED [ ] DENIED [ ] OTHER Approved 5-0 sAnderson nty Administrator [x] County Attorney Ix] Project. Manager [x] Road & Bridge ~ ~. [x] Mgt. & Budget 1Ikf) \fh meJj [x] Originating Dept. Public W s [x] BUd9~ [x] Purchasing Dept. [x] ERD (Check for copy only, if ap licable) ITEM N~E DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONS~j1 PRESENTED BY:~%- · Leo J. Cordeiro. Solid Waste Manaqer TO: BOARD OF COUNTY COMMISSIONERS ,'- SUBMITTED BY: Solid Waste Division SUBJECT: Staff requests Board permission to advertise for bids for Residential Solid Waste Collection and Recycling and to request bids for both billing and collection methods (Le. liens) and providing an alternative bid for collection using the uniform method for the levy and collection of non-ad valorem assessments (tax roll). BACKGROUND: In January of 2003, the Board voted not to conduct a public hearing to discuss the possibility of collecting the Solid Waste Collection and Disposal fees as a non-ad valorem special assessment on the tax roll. On March 3, 2003, the Board approved a public hearing for the same and on May 6, 2003, approved Resolution No. 03-71 providing the Board with that option after the existing contract expires (9/30/04). When the bids are received for both billing methods the Board of County Commissioners can decide which way is more beneficial to this County. FUNDS AVAilABLE: N/A PREVIOUS ACTION: 10/22/02 - Board approved CDM proposal to evaluate the advantages and disadvantages of placing the residential solid waste collection and disposal charges on property tax bills for an upper limit of $7,500. 01/28/03 - Board denied motion to advertise for public hearing to keep option open to place solid waste collection and disposal fees on the annual property tax bill. 03/11/03 - Board approved advertising the placement of solid waste collection and disposal fees as a non-ad valorem on the annual property tax bill after the existing contract expires. 05/06/03 - Board approved Resolution No. 03-71. 11/04/03 - Board approved CDM proposal for study to place urban service area residential solid waste charges on property tax bills for an upper limit of $15,000. 1/27/04 - Board did not approve bidding for these services without the tax roll option. RECOMMENDATION: Staff recommends the Board grant permission to advertise for bids for Residential Solid Waste Collectiøn and Recycling and to request bids for both billing and collection methods (Le. liens) and provide an alternative bid for the levy and collection of non-ad valorem assessment (tax roll). COMMISSION ACTION: QC) APPROVED () DENIED ( )' OTHER Approved 5-0 E: Coordination/Sianatures County Attorney (X) ~ Mgt. & Budget ( ) Public Works (X) ).t~ ' Solid Waste (X) Finance: (check for(opy, only if applicable)_ ANDERSON NTY ADMINISTRATOR Purchasing (X) ¡f, f" Other ( ) ....,J ITEM NO. SF DATE: 2/10/04 .~. REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) ~¡J PRESENTED BY: ~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manager SUBJECT: Staff requests Board approval of COM proposal to provide engineering services for assistance with implementation of the Glades Road Landfill Northeast Corner Assessment Plan for a lump sum amount of $44,850. BACKGROUND: St. Lucie County currently operates the active Glades Road Landfill under Florida Department of Environmental Protection (FDEP) permit (Permit No. 0126814-001-S0). Over the past few years, FDEP has raised concern over elevated levels of water quality constituents in the northeast corner of the site. Some measures have been taken over the past years to evaluate the accuracy and determine an overall trend in the groundwater quality at the site. During a facility inspection conducted by FDEP on May 22, 2003, FDEP stated that evaluation assessment for the northeast corner is required prior to permit renewal in late 2003. On October 1, 2003, COM, on behalf of the County, submitted an assessment plan to FDEP for review. The plan was approved by FDEP on November 24, 2003. FUNDS AVAILABLE: 401-3410-531000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval of COM proposal to provide engineering services for assistance with implementation of the Glades Road Landfill Northeast Corner Assessment Plan fill a lump sum amount of $44,850. COMMISSION ACTION: ØC) APPROVED () DENIED { ) OTHER Approved 5-0 NCE: D ANDERSON COUNTY ADMINISTRATOR C t Att (X) I,' C}¡ ../ M t C&oBorddinatt(iXo)n0~t::~ A ß oun y orney ,/--{)' g . u ge V, \\ 1'J"'" Solid Waste. (X) Public Works (X)~ Finance: (check for copy, only if applicable) _ Purchasing ( ) Other ( ) \w' ....,¡ AGENDA REQUEST ITEM NO. C-\' DATE: February,b, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners ß SUBMITTED BY (DEPT): Grants SUBJECT: Request for Board Approval to submit a grant application not to exceed $35,000 to the Florida Division of Emergency Management / US Department of Homeland Security for the development of a Community Emergency Response Team (CERT). BACKGROUND: St. Lucie County Public Safety and Grants staff has met with representatives from the Fire and Sheriffs Departments to develop the proposed project. The Community Emergency Response Team will be a coordinated effort of Public Safety, Sheriff's Office and Fire Department to train interested citizens to assist in emergency situations. The CERT proposal includes buying basic equipment, and hiring a part- time person to coordinate the program. Since the Sheriffs Department has similar volunteer programs, they have agreed to have the position in the PSL office. Match for the grant includes the time of the trainers and a long term commitment from all of the agencies to jointly fund the part-time position the following years. FUNDS AVAILABLE: Although a match is not required, Public Safety, Fire District and the Sheriff's Department will utilize their existing trainers to train the volunteers. PREVIOUS ACTION: At the February 3, 2004 BOCC meeting, the Board approved submitting a grant application to the Department of Community Affairs Emergency Management Program for the same CERT program. RECOMMENDATION: r Staff recommends that the Board authorize staff to submit a grant application not to exceed $35,000 to the Florida Division of Emergency Management/ US Department of Homeland Security for the development of a Community Emergency Response Team (CERT). COMMISSION ACTION: 'j(APPROVED 0 DENIED o OTHER: Approved 5-0 Dou a M. Anderson County Administrator Review and APp~aIS jlJu 'r\.,V'VOtIl. County Attorney: _ Management & Budget: ~v I v rurchasing: Originating Dept: _ Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 '-" ...,,¡ -_.~_._-._-- - ITEM NO. C -7A DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Donation of Surplus Equipment to Bethel Baptist Church. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board approve the donation of the surplus equipment to Bethel Baptist Church. COMMISSION ACTION: Approved 5-0 - 00 APPROVED k-) DENIED (J OTHER 1\NDERSON NTY ADMINISTRATOR Coordination/Si~natures County Attorney (X) Originating Dept. ( ) ~ Mgt. & Budget ( ) Other ( ) /-,/ Purchasing (X) ;:¡;¡ 1/ Other ( ) Finance: (check for copy, only if applicable)_ '-' ~~---,~--~- - -.._-- '-' ITEM NO. C - 7B --...------------.---- DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: Bid Waiver and Sole Source declaration for purchase of wood waste material from the C&D Processing Facility to New Hope Power Partnership. BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to New Hope Power Partnership to purchase wood waste material from the Public Works Department, Solid Waste Division C&D Processing Facility. New Hope Power Partnership is the only co-generation plant permitted by the Department of Environmental Regulations to use this type of material as fuel. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for purchase of wood waste material from the C&D Processing Facility to New Hope Power Partnership. Approved 5-0 derson y Administrator COMMISSION ACTION: [~APPROVED (] DENIED [ ] OTHER: County_~ttomey:(X) Originating Dept: Finance: (Check for Copy only, if Applicable) - )'<1/ Coordination/Sianatures r1 Mgl & B'd',"jv<; ~ Other: ': _ "". " Purchasing Mgr.:{X) tfi1 / Other: '-' ....J ITEM NO. C-7c DATE: 2/10/04 AGENDA REQUEST ~~ REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Permission to advertise Invitation for Bid for the purchase and installation of water heaters at the Rock Road Jail. BACKGROUND: To solicit bids for purchase and installation of water heaters at the Rock Road Jail. FUNDS AVAILABLE: Account #316-1940-546200-1527 Rock Road Jail Maintenance Projects. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation for Bid for the purchase and installation of water heaters at the Rock Road Jail. COMMISSION AC'tÍON: E: ~. APPROVED () DENIED ( ) OTHER Approved 5-0 Coordination/Sianatures County Attorney ( X) ;)ìY Mgt. & Budget ( ) Other ( ) Purchasing (X) I~ ?/. f Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ '-' '-' AGENDA REQUEST ITEM NO: C-8 DATE: February 10, ~004 REGULAR [ ] PUBLIC HEARING [] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: PURCHASE OF LASER GRADEMASTER GRADING SYSTEM (EQUIPMENT REQUEST #EQ04-086) BACKGROUND: The FY03-04 approved budget allocated $8,000 for the purchase of a Box Blade (EQ04-086). Due to budgetary constraints only the "box" was requested in FY03-04, and staff planned on procuring the additional pieces to complete the system in the future. As a result of funding that became available subsequent to the purchase of all budgeted machinery and equipment in the Fairgrounds account, staff is now requesting authorization to use the savings to complete the laser grade system. The complete system, costing $16,015, is designed for use on any number of small tractors (already on-hand), will not only be used to level the arenas at the Fairgrounds, it will also be instrumental to the grounds crew in maintaining our numerous baseball diamonds/mounds, improving drainage, and preventing puddling on the fields. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: 001-7420-564000-700 (Machinery & Equipment - Fairgrounds) RECOMMENDATION: Staff recommends approval of authorization to amend equipment number EQ04-086 and purchase the complete laser grading system at a cost of $16,015.00. r [ X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Approved 5-0 Dou . Anderson County Administrator Coordination/Signatures (}ý/ . /Jr:' County Attorney:~ Management & BUdget:.~~~urChaSing:~ Originating DePt~~~rkS' Other, Finance, eif applicable) H:\AGENDAS 03-04\2-10-04-F~R~~S-GRADEMASTER.DOC '-' .....J AGENDA REQUEST ITEM NO. 9-A DATE: February 10, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner Grants Writer SUBJECT: Authorize the Chairperson of the Board of County Commissioners to sign a renewal subscription agreement for eCivis Grant Locator. BACKGROUND: eCivis Grants Locator is a database service that provides information on federal, state and private foundation grants. During the past year, the program has been successfully used by County grant writers, the Sheriff's Department and the County Health Department in identifying grant sources. The contract for the service is due to expire. The renewal agreement will permit the County to continue use of the service through January 15, 2005. The cost of the annual subscription for the service is $15,000. FUNDS AVAILABLE: Funds of $15,000 for this service have been budgeted in Fund 001-1210-534110- , 100 for software contracts. PREVIOUS ACTION: On 12/11/02, the Board approved a one-year eCivis subscription agreement. County staff have successfully utilized the system during the past year. RECOMMENDATION: Staff recommends the Board authorize the Chairperson to sign the eCivis Renewal Agreement. r COMMISSION ACTION: ~APPROVED -0-'40THER: [] DENIED CE: Approved 5-0 Dougl sM. Anderson County Administrator Review and APP~ County Attorney: Originating Dept: Finance: Management & Budget: JYlt...~ Purchasing: Other: Other: (Check for Copy only, if applicable) Effective: 5/96 "-' ~ St. Lucie County INTERNATIONAL AIJ s AGENDA REQUEST ITEM NO. C-lO-A DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Stonnwater drainage improvement design Paul Phillips BACKGROUND: The airport has approximately 100 acres of pavement used as landing surfaces and parking aprons for aircraft at the airport. The original design of the stonnwater system associated with this pavement called for the sheetflow of stonnwater across the pavement and into the collection ditch system and then into the stonnwater ponds. Due to the rapid development of hangars at the airport, the existing stonnwater systems have not been able to accommodate the increased stonnwater. This scope of work provides for the design of erosion control measures for aircraft aprons. This $41,785 scope of work from Kimely-Hom & Associates provides for the design, preparation of drawings, estimates, and specifications, project bidding assistance, and construction management services for erosion control measures. The design will investigate the use of geotextile with sod, concrete flumes or some other fonn of erosion control measures. Since this project is grant eligible, the Florida Department of Transportation (FDOT) has approved the use of grant funds that will cover 80% of the cost of this project. FUNDS AVAILABLE IN ACCT#: Funds are available in airport drainage improvement account (140323-4220-563000-48008). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Authorization #2 for $41,785 scope of work with Kimely-Hom & Associates for the design phase services, bid;md award services, and construction phase services associated with stonnwater drainage improvements at St. Lucie County futemational Airport. COMMISSION ACTION: ~PROVED [ ]DENIED [ ]OTHER: Approved 5-0 ;;7: Reviews & Approvals County Attorney: Originating Dept: Finance: (Check / OMB~purchaSing Other: Other: , if applicable) ~ ...." AGENDA REQUEST ITEM NO. C -10 - B DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Security fencing design BACKGROUND: For the past five years, the Board has approved three security fencing projects at St. Lucie County mternational Airport. These three fencing projects have'secured approximately 80% of the areas south of the primary runway. This $38,807 scope of work from Kimely-Horn& Associates provides for the design, preparation of drawings, estimates, and specifications, project bidding assistance, and construction management services for the installation of security fencing and electric gates to complete the installation ofthe balance ofthe fencing south ofthe primary runway. This project will provide controlled access to these areas and increased safety. FUNDS AVAILABLE IN ACCT#: Funds are available in airport construction of perimeter fencing account (140321-4220-563000-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Authorization #1 and the $38,807 scope of work with Kimely-Horn & Associates for the design phase services, bid and award services, and construction phase services associated with the Phase 4 security fencing at St. Lucie County International Airport. COMMISSION ACTION: Mt\PPROVED [ ]DENIED . " ' /" Approved 5-0 [ ]OTHER: CONC Reviews & Approvals County Attorney: Originating Dept: . Finance:(Check f1 OMB ~ ¡1JDC.¡ Other: , if applicable) Purchasing Other: "" ..",., AGENDA REQUEST ITEM NO.~ DATE: February 10.2004 ~.. REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: PURCHASE OF COLOR PRINTER FOR CENTRAL SERVICES ADMINISTRATION EQUIPMENT REQUEST #EQ04-235 1 BUDGET AMENDMENT #BA04-130 BACKGROUND: Central Services Admin.istration currently has a small color printer that is being used by the Administrative Staff, as well as the Project Managers and Superintendents. Because this is a smaller printer it is unable to keep up with the demand of processing pictures of project progress, grant submittals and reports and is breaking down more than it is running. We need to replace this color printer with a more efficient one (HP Color LaserJet 4600dn Printer). Equipment purchased through General Funds budgeted FY 03/04 (EQ 04-029 1 vehicle for Admin. Bldg. Maint.., EQ 04-040 1 portable cement mixer and EQ 04-041 1 amprobe volt reader for General Maint.) came in lower than anticipated and funds in the amount of $2,105.00 is available to use for the purchase of this color printer. Staff is requesting permission to reallocate these available funds and approve Equipment Request # EQ04-035 and Budget Amendment #BA04-130. FUNDS WILL BE MADE AVAIL: 001-19301-564000-100 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATrPN: Staff recommends the Board of County Commissioners approve the purchase of the HP Color LaserJet 4600dn Printer, Equipment Request #EQ04-235 and Budget Amendment #BA04-130 at a cost of $2,105.00. MISSION ACTION: DCI APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: D u Anderson County Administrator Purchasing Mgr.: &II C'""1y Altom', X s;: Originating D~V,A. c..: Mgt. & Budget: - Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 - "" ...." Agenda Request Item Number: MeetinQ Date: , ! ó(tL.., Feb...3,2004 If) Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider final plat approvals for Portofino Shores BACKGROUND: On October 1, 2002, the Board of County Commissioners approved Resolution 03- 154 granting Final Planned Unit Development for the residential project to be known as Portofino Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached are copies of the final plats for Portofino Shores, Phase II. The area encompassing Phase II of Portofino Shores, includes 221 lots. County staff has reviewed these plats for consistency with applicable County Codes and Standards and determined it to be compliant with them. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the final plats for Portofino Shores, Phase II, subject to execution of all final subdivision agreements and posting of any required securities. r COMMISSION ACTION: [1t] APPROVED D DENIED c=:J OTHER Approved 5-0 ~ b)óuglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: c;r /( "/-.!, t~' Coordination/ Signatures Mgt. & Budget: . Other: ,\}.i'f'\\LI') Purchasing: Other: (agend767) '-" To: Submitted By: - ....", Agenda Request Item Number:· /r.'tJl MeetinQ Date: ~ 10 Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: r COMMISSION ACTION: [X] APPROVED [:=J OTHER nt Director Consider final plat approvals for Portofino Shores On October 1, 2002, the Board of County Commissioners approved Resolution 03- 154 granting Final Planned Unit Development for the residential project to be known as Portofino Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached are copies of the final plats for Portofino Shores, Phase II. The area encompassing Phase III of Portofino Shores, includes 167 lots. County staff has reviewed these plats for consistently with all applicable County Codes and Standards and determined it to be compliant with them. N/A N/A Staff recommends approval of the final plats for Portofino Shores, Phase III, subject to execution of all final subdivision agreements and posting of any required securities. D DENIED Approved 5-0 uglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: ,)}- Coordination! Signatures Mgt. & Budget: \: ~") Other: \ Y,{,\" i '-' Purchasing: Other: (agend768a) ~ """ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 1 0, 2004 RECONVENE 8. COUNTY ATTORNEY Interlocal Agreement - Utility Bulk Sale - Consider staff recommendation to approve Resolution No. 04-61 approving the draft Interlocal Agreement, Service Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verb~tim 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 th,e 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) 462-1777 or TDD (772) 462·1428 at least forty- eight (48) hours prior to the meeting. r \..r ...,; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-226 DATE: Februar'f 10, 2004 SUBJECT: Interlocal Agreement - Utility Bulk Sale **************************,~*********************************************** BACKGROUND: On November 24, 2003, the Board met with the Fort Pierce City Commission (City) and the governing board of the Fort Pierce Utilities Authority (FPUA). At that meeting, the Board directed County staff to develop a form of interlocal agreement as an alternative to the draft agr ~ement presented by the City. On December 9, 2003, the Board voted 4-0 to send the form of an Interlocal Agreement and map to the City and FPUA. At Board direction, refE~rences to the City's annexation policy were removed from the agreement. Subsequent to the December 9 Board meeting, County staff met with FPUA staff and negotiated revisions to the Bulk Service Agreement, the Interlocal Agreement and the service area maps. The Board also received a letter dated December 22, 2003 from Mayor Enns enclosing a revised interlocal agreement. Prior to the January 13 Board meeting, the County Attorney met with the FPUA Attorney and Assistant City Attorney. The I~evised agreements and map negotiated with FPUA staff were agendaed for Board consideration on the Board's January 13, 2004 agenda. The Board voted 4-0 to approve the agreements and map. The Board further directed County staff to initiate discussions with the City to attempt to resolve annexation disputes through a joint planning agreement. The agreements and map approved by the Board on January 13 were to be considered by the FPUA and th·e City at their January 20,2004 meeting. At the January 20 FPUA meeting, the FPUA Board tabled consideration of the agreements and map at the request of the City. At the January 20 City Commission meeting, it does not appear that the agreements and map Clpproved by the Board on January 13 were ever formally presented to the City. Instead, it appears that the Assistant City Attorney drafted the Interlocal Agreement to incorporate the conditions outlined in a letter dated January 16, 2004 to the County Attorney. The City Commission approved the redrafted '-" ....,.¡ Interlocal Agreement by a vote of 4-1 on January 20. Attached to this memorandum is a revised Interlocal Agreement, Service Area Map and Bulk Service Agreement that is based on input from various pClrties to the Agreement. DISCUSSION: The revised agreements provide for the following: 1. All pending objE~ctions of the County to any City annexation, except the County's airport properties, will need to be withdrawn. 2. The City would withdraw any annexation proceedings as to all properties that were included as part of the City's plan to annex the County-owned Airport properties. The Airport will be served under the bulk service agreement with FPUA. The existing annexation agreement would remain. 3. The County and the City will immediately work together towards the goal of entering into a Joint Planning Agreement to eliminate future annexation disputes within Area "A" and coordinate the provision of governmental services related to such annexation. 4. The service area map has been revised to reflect that Indian River Estates is in Area "B" which is the County service area. 5. The County, City and FPUA agree to cooperate on the eventual relocation of the FPUA's Hutchinson Island wastewater treatment plant. 6. Once approved, the Interlocal Agreement will be submitted to the Court for approval and shall be binding on the parties. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 04-61 approving the draft Interlocal Agreement, SI~rvice Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. DSM/ caf '-" "-" RESOLUTION NO. 04-61 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE' INTERLOCAL AGREEMENT WITH THE FORT PIERCE UTILITIES AUTHORITY AND THE CITY OF FORT PIERCE FOR POTABLE WATER AND WASTEWATER SERVICES IN CERTAIN GEOGRAPHICAL AREAS SHOWN IN THE SERVICE AREA MAP UNDER A BULK SALE AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, considered the Interlocal Agreement with the Fort Pierce Utilities Authority and the City of Fort Pierce for Potable Water and WastewatE~r Services in certain geographical areas shown in the service area map under a bulk sale agreement, and has determined that it is in the public interest to approve and implement the Interlocal Agreement, including the Bulk Utility Service Agreement contained therein, for the public and county purposes of providing potable water and wastewater services in certain geographical areas as set forth in the Interlocal Agreement and Bulk Utility Service Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that: 1. The Interlocal Agreement, attached as "Exhibit A", including the Bulk Utility Service Agreement and Service Area Map contained therein, is hereby approved. ~ ....., After motion and second the vote on this resolution was as follows: Chairman PClula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Doug Coward XXX Commission Frannie Hutchinson XXX Commissionl~r Cliff Barnes XXX PASSED AND DULY ADOPTED this 10th day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY G: \A TTY\RESOL TN\2004 \04-6Lwpd '-" ~ INTERLOCAL AGREEMENT THIS AGREEMENT made entered into this _ day of , 2004, by and among the CITY OF FORT PIERCE ("CITY"), a Florida municipal Corporation, The FORT PIERCE UTILITIES AUTHORITY ("FPUA"), a Special District organized under the Charter of the City of Fort Pierce, ST. LUCIE COUNTY ("County"), a political subdivision of the State of Florida. WIT N E SSE T H: WHEREAS, the CITY and COUNTY are currently adverse parties in St. Lucie County v. City of Fort Pierce, Case No.: 02-CA-000390(PC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County and City of Fort Pierce v. St. Lucie County, Case No.: 03-CA-000483(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County; and, WHEREAS, all parties hereto are likewise parties to City of Fort Pierce and Fort Pierce Utilities Authority v. St. Lucie County and Port St. Lucie, Case No.: 03-CA-000530(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County; and, WHEREAS, the COUNTY is desirous of entering into an agreement with the CITY and FPUA for potabJe water and wastewater services in certain geographicaJ areas under a bulk sale agreement; and, WHEREAS, there exists a dispute between the City and FPUA on the one hand, and the COUNTY on the other, over whether FPUA is the sole provider of potable water and wastewater services in certain geographical areas and whether provisions of service by the County in any of these geographical areas violates the COUNTY's Comprehensive Plan, any element thereof, the -1- \..f ...", COUNTY's potable water/wastewater master plan, County Resolution 91-106, and other implementing documents; and WHEREAS, the parties are desirous of eliminating disputes over their current and future utility service areas and boundaries as to which they respectively provide or will provide potable water and wastewater services; and, WHEREAS, the parties jointly recognIze declared public policy of this state, as expressed by Fla. Stat. Section 164.102, that conflicts between governmental entities be resolved to the greatest extent possible without litigation wherein it is in the public's interest that expense and uncertainty of such litigation be avoided and where important public policies involving annexation, future revenues and provision of potable water and wastewater services are better served by what follows; and WHEREAS, it is the purpose and intent of this Agreement to resolve most, but not all of the current disputes between the parties, and to further provide a framework within which such disputes and concerns as aforesaid may be discussed and potentially resolved as herein provided for; and, WHEREAS, the parties intend to be bound by the terms and provisions hereof and further recognize that this Agreement sets forth specific legal rights and remedies with respect to the subject matter herein contained. NOW THEREFORE, it is agreed by and among the parties hereto as follows: 1. COUNTY shall not provide potable water or wastewater utility service within the boundaries of the area designated on Exhibit 1 attached hereto, such area known hereafter as "Area A", without the prior written consent of CITY and FPUA, which consent may be withheld at the sole discretion of CITY and FPUA. FPUA shall provide potabJe water and wastewater -2- '-' "'" utility service in Area "A". COUNTY shall withdraw and agrees not to proceed with all pending objections to any CITY annexation located within Area "A", whether currently in litigation or conflict resolution. CITY shall withdraw and agrees not to proceed with any annexation proceedings as to all properties that were included as part of the City's plan to annex the County- owned airport properties. Upon signing this Agreement, CITY and COUNTY shall, immediately work together towards the goa] of entering into a Joint Planning Agreement to eJiminate future annexation disputes within Area "A" and coordinate the provision of governmental services related to such annexation. The County, City and FPUA agree to cooperate on the eventual relocation of the FPUA's Hutchinson Island wastewater treatment plant. 2. The FPUA shall not provide potable water and wastewater utility service within the boundaries of the area designated on Exhibit 1 as attached hereto, such area known hereafter as "Area B" (except as to customers currently being serviced by the FPUA, and as listed in Exhibit 3 attached hereto), without the prior written consent of County, which consent may be withheld at the sole discretion of County. 3. FPUA may provide the County with bulk potable water, wastewater and reclaimed water service within Area B in accordance with the terms of the bulk service agreement (the "Bulk Service Agreement") in Exhibit 4 attached hereto. The parties shaH execute the Bulk Service Agreement upon execution of this Agreement. When provided, the FPUA shall provide such bulk services to the County without the requirement of annexation into the City as a condition to such service. 4. It is expressly intended that nothing in this Agreement be construed as creating or evidencing an obligation on the part of any of the parties to unconditionally provide potable water or wastewater services in Area "A" or Area "B" That is FPUA may not be compeHed by -3- \..r ......, any party, person or entity to provide service within Area A, and COUNTY may not be compelled by any party, person or entity to provide service within Area B. 5. In accordance with FPUA Resolution UA 91-8, and subject to the conditions set forth below, FPUA shall sell the FPUA water distribution system south of the Florida Power & Light nuclear power plant ("FP&L Plant") to the County. FPUA wiJ] retain retail water service to the area between the current City limits (Blue Heron Boulevard) and the FP&L Plant in Area A. From that point south to the Martin County Line, FPUA will continue to provide retail water service until bulk water revenues from the County on the County's mainland utility system equal the difference between combined current FPUA revenues on North and South Hutchinson Island and the bulk water revenues for those areas at the $1.90 per 1000 gallons rate (plus any incremental increases as allowed by the Bulk Service Agreement). At such time, the County shall compensate FPUA for the value of the water distribution system and Repump No.2., which value is to be determined to the mutual satisfaction of the County and FPUA. 6. COUNTY agrees, for itself, that the Bulk Rate Utility Interlocal Agreement entered into by the City of Port St. Lucie and COUNTY, as approved by the County Commission on or about November 4, 2002, and as may be subsequentJy modified or amended, shall not apply to any potable water or wastewater service within Area "A" which is reserved by this Agreement to CITY and FPU A. 7. The parties agree that no development order shall be issued, nor any construction commence, after this Agreement is approved be each of the parties and it becomes effective according the terms hereof which may be inconsistent with the terms and provisions above which, among other things, establish service Area "A" to CITY and FPUA, and service Area "B" to COUNTY. -4- '-' ..., ~ ~ 8. The parties understand and represent that the tenns of this Agreement either are, or should be consistent with requirements of their respective comprehensive pJans and current potable water/wastewater master plans. Each will provide the other written confinnation of consistency, in fonn and substance acceptable to the others, and approved by the governing body. In the event there is a material inconsistency between the tenns of this Agreement and either or both of any party's comprehensive pJan and potable water/wastewater master plan, such inconsistency shall be promptly reviewed and addressed within the next one hundred eighty (180) days in the manner provided by law, based upon considerations of public health, safety and general welfare and such other factors as are properJy considered in the course of nonnal review. Such review is not to be construed as "contract planning" as prohibited by law inasmuch as no party hereto commits itself in advance to eJiminate any such inconsistency based solely upon this Agreement. 9. In the event that either party considers an amendment of its Comprehensive Plan or potable water/wastewater Master Plan which could reasonabJy be interpreted or understood as inconsistent with any tenn of this Agreement, such party shall give immediate written notice of the considered provision to the other parties as earJy in the process of proposed adoption as possible. 10. Upon execution of this Agreement by all governing bodies, through resolution, and when it further becomes effective, it shall be submitted for approval by the Court, as incorporated in joint motions for approval, and shall be binding upon the parties as to any subject matters covered by this Agreement, which may be embodied within issues in each of the pending cases named above, numbers 02-CA-000390(PC), 03-CA-000483(OC), and 03-CA-000530(OC). To the extent this Agreement may constitute a full and final settlement of all issues pending in such -5- '-' '--' case, the parties shall agree to a stipulated final judgment, and such cases will then be dismissed., Such dismissal shall be with prejudice except that it shaH be without prejudice to any matter, cause, or issue not otherwise governed by this Agreement, and shall further be without prejudice to revival to any proceedings otherwise dismissed in the event this Agreement or any part thereof is invalidated hereafter through final judgment by a court of competent jurisdiction in any proceeding brought by a person or entity who is not a party to this Agreement. Should any such action be refiled after dismissal, it is agreed that no Section 95.11, or defense of collateral estoppel, or other defense based upon passage of time, nor shall any subsequent voluntary dismissal by any party thereafter be deemed an adjudication on the merits for purposes of Fla.R.Civ.P. Rule 1.420(a) by virtue of the original dismissal pursuant to this Agreement. 11. The parties to this Agreement agree that neither the City, the FPUA, nor the County shall take any actions, either directly or indirectly, to prevent the implementation of this Agreement or alter the terms of this Agreement, including, but not 1imited to filing legal actions or administrative actions. 12. This Agreement may be executed in counterparts, and shall become effective upon filing with the Clerk of the Circuit Court. 13. This Agreement has been approved by the governing political bodies of the CITY, County and FPUA, and each signatory hereto represents their authority to execute this Agreement on behalf of their respective local government. 14. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party who is not a signatory to this Agreement. -6- '-' ""'" 15. Each party to this Agreement shall bear its own costs, including attorneys' fees, incurred in connection with the legal proceedings resolved by this Agreement. 16. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the tenns of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 17. This is the entire Agreement between the parties and no verbal or written assurance or ;/)1 ( promise is effective or binding unless included in this document. Should any substantial part of r· I ¡r / . this Agreement be found and declared by a Court of competent jurisdiction to be ìnvalid for any ¡? . (J 5>. 'Þ' 7J G- reason, then this Agreement shall be void ab initio. J--/1 ~-' 18. Each party further agrees and consents that in the event of a breach or threatened breach of the provisions of this Agreement by any party, in addition to any other rights and remedies available to any party under this Agreement or otherwise, any party shall be entitled to an injunction to be issued by a court of competent jurisdiction, restricting or prohibiting the other party from committing or continuing any violation of this Agreement, and upon a proper showing as to the breach or threatened breach, irreparable harm, damage, or injury shall be presumed. The parties further agree that if either party avails itself of the procedure set forth in Florida Statute 164.1 041 (2)(as such statute exists or is hereafter amended), and a finding is made that an immediate danger to health, safety, or welfare of the public requires immediate legal action, or that significant legal rights wiJ] be compromised if a court proceeding does not take place immediately, the other party shall not challenge or otherwise object to the factual finding by the governing body of the other party except as to any procedural error or defect. 19. All notices required or pennitted to be given under the tenns and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or -7- '-' '....I certified mail, return receipt requested, to the parties as follows: As to the CITY: Fort Pierce City Manager Fort Pierce City Hall 100 North U.S. 1 Post Office Box 1480 Fort Pierce, Florida 34954-1480 With a copy to: Fort Pierce City Attorney Fort Pierce City Hall 100 North U.S. 1 Post Office Box 1480 Fort Pierce, Florida'34954-1480 As to the FPUA: Fort Pierce Utilities Authority Director 206 South 6th Street Fort Pierce, Florida 34950 With a copy to: Fort Pierce Utilities Authority Attorney 401-A South Indian River Drive Fort Pierce, Florida 34950 As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administrative Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administrative Annex Fort Pierce, Florida 34982 20. In the event suit is brought to resolve any dispute between the parties arising from this Agreement, each party shall bear its own attorneys' fees, court costs and litigation expenses, including all fees and costs of all experts, consultants, and other related out-of-court expenses. Each party shall bear its own costs, including attorneys fees, incurred in connection with the legal proceedings resolved by this Agreement. 21. This Agreement shall not be changed, modified or amended in any respect except by written instrument signed by the parties hereto. IN WITNESS WHEREOF the parties have executed the Agreement. ST. LUCIE COUNTY CITY OF FORT PIERCE By: By: DATE: DATE: -8- ~ FORT PIERCE UTILITIES AUTHORITY By: DATE: ....,¡ -9- ~ -..I EXHIBIT 4 AGREEMENT BETWEEN FORT PIERCE UTILITY AUTHORITY AND ST. LUCIE COUNTY, FLORIDA, FOR PROVISION OF BULK WATER, W ASTEW A TER AND RECLAIMED WATER SERVICE THIS AGREEMENT is entered into between the Fort Pierce Utility Authority, a Special District organized under the Charter of the City of Fort Pierce ("FPUA"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("St. Lucie County"). WIT N E SSE T H: WHEREAS, St. Lucie County has various needs from time to time throughout the areas that St. Lucie County's utility department provides service to purchase bulk potable water, wastewater and reclaimed water service; and WHEREAS, FPUA has available water, wastewater and possible future reclaimed water service from time to time which it desires to make available to St. Lucie County for Purchase; and WHEREAS, both St. Lucie County and FPUA have the legal ability and authority to enter into an agreement for the sale and purchase of water and wastewater; and WHEREAS, the Parties find that this Agreement serves a public purpose and is to the public's benefit; and WHEREAS, St. Lucie County and FPUA desire to enter into this Agreement to accomplish the purposes set forth above (the "Agreement"). NOW, THEREFORE, in consideration ofthe premises and covenants herein contained, FPUA and S1. Lucie County agree as follows: 1. Whereas Statements: The foregoing statements are true and correct. 2. Agreement to Serve: a. FPUA agrees to provide bulk potable water, wastewater and reclaimed water service ("Bulk Service") to St. Lucie County, in accordance with the terms and provisions of this Agreement. Subject to availability at the time of request, St. Lucie County may, from time to time, request FPUA to provide water, wastewater or reclaimed water service to St. Lucie County at points of connection located outside ofFPUA's existing utility service area as proposed by St. Lucie County. To the extent that the service requested by St. Lucie County (a "Service Request") is available at the time of request and interconnection with the St. Lucie County utility system at the proposed points of connection is economically feasible, as determined in the reasonable discretion of FPUA, and provided that the provisions of Section 3 below are complied with, FPUA shall provide the requested service. Provided each Service Request complies with the requirements of this Agreement, the respective staffs of S1. Lucie County and FPUA are authorized to implement the terms of this Agreement with respect to such Service Request without further action of the St. Lucie County Commission or FPUA governing board. There is no annexation requirement as a condition of provision of service by FPUA to St. Lucie County pursuant to the terms of this Agreement. g:\attylagreemntinterloc\fpua-Ex4 2-9 - '--' ...., b. As required by all applicabJe FPUA resolutions addressing FPUA' s Industrial Pretreatment Program and City of Fort Pierce Sewer Use Ordinance No. UA 98-5 or succeeding revised Sewer Use Ordinance, any industrial users that connect to the S1. Lucie County utility system served by FPUA BuJk Wastewater Service will be subject to FPUA's industrial pretreatment program. This program is governed by Administrative Code 62-625 and administered by the State of Florida Department of Environmental Protection, Tallahassee, Florida. All permitting and operational costs, including surcharges/excess strength fees as defined and applicable in the FPUA resolutions, will be collected by S1. Lucie County from such industrial users and remitted to FPUA with the next month's billing of Bulk Service Rates. The specific responsibilities ofFPUA and S1. Lucie County with regard to implementing and enforcing an Industrial Pretreatment Program that meets all state and federal requirements will be delineated in a separate Interlocal Agreement dealing only with the Industrial Pretreatment program in the bulk wastewater service areas. 3. Method of Extension and Delivery of Service: The provisions for the construction, installation and operation of the facilities of FPUA up to the point(s) of connection and the facilities of S1. Lucie County past the point(s) of connection will be determined jointly by FPUA and St. Lucie County. St. Lucie County shall share equitably with FPUA in the capital cost associated with the extension of new mains or oversizing of mains necessary to bring adequate quantities of water to the bulk metering point(s) of connection in accordance with the then current FPUA policies for extending water and sewer service to new customers. St. Lucie County shall bear the initial capitaJ cost ofthe master meter(s), backflow prevention devices, and pressure-sustaining valves required for service to St. Lucie County and shall transfer ownership of such master meter( s) and other backflow prevention or pressure sustaining devices to FPUA, which shaH, after transfer, assume the obligation to operate, maintain and replace such master meter(s) and other devices. All master meters and backflow prevention devices shaH be tested annually by FPUA, with the cost of such testing to be paid by St. Lucie County. FPUA shall provide service to St. Lucie County at the points of connection in accordance with then existing regulations and standards not in conflict with the terms of this Agreement. 4. Rates and Charges: St. Lucie County agrees to pay the foHowing bulk rates for the services requested. FPUA shaH charge S1. Lucie County for bulk water service at a rate of $1.90 per thousand gallons (the "Bulk Water Rate"), for bulk wastewater service at a rate of$4.60 per thousand gallons (the "Bulk Wastewater Rate") and a rate for bulk reclaimed water service (including Capital Improvement Charges, if any) as shall be agreed upon between the parties at such time as FPUA institutes a reclaimed water service program (the "Bulk Reclaimed Water Rate"), all as measured at master meter(s) for each service (collectively, the "Bulk Service Rates"). Bulk wastewater volumes for billing shall be determined from bulk water meter readings and retail irrigation-only meter readings within the bulk water service area, as described in Paragraph 6. The Bulk Service Rates may be revised from time to time by FPUA, at such time and in the same percentage as FPUA revises its retail residential customer class commodity charges for the lowest consumption level. There shall be no surcharge imposed on the Bulk Rates charged to S1. Lucie County. Retail water and wastewater rates established by St. Lucie County for the buJk water service areas shall be structured such that they will not be lower than the retail water and wastewater rates for FPUA customers within the City of Fort Pierce. 5 Payments of Water/Wastewater Capital Improvement Charges: a. Provisions with respect to S1. Lucie County's payment of Water and Wastewater Capital Improvement Charges are as follows: Water Capital Improvement Charges: $1,378.00 per equivalent residential connection ("ERC"). A Water ERC is based upon 300 gallons per day; Wastewater Capital Improvement Charges: $1,222.00 per ERe. A Wastewater ERC is based upon 240 gaHons per day. Separate Capital Improvement Charges wiH be assessed for irrigation-only water g:lattylagreemntinterloclfpua.Ex4 2-9 - '-' ~ use, in accordance with standard FPUA policies. All Capital Improvement Charges may be revised from time to time by FPUA, at such time and in the same percentage as the FPUA revises its retail residential customer class Capital Improvement Charges. There shall be no other capital or impact charges to St. Lucie County for Bulk Service. b. St. Lucie County will collect the Water Capital Improvement Charges and Wastewater Capital Improvement Charges and remit the same to FPUA upon the earJier of the initial provision of utility service by St. Lucie County to a customer or the receipt of payment by St. Lucie County of such Capital Improvement Charges pursuant to a developers agreement reserving utility capacity with St. Lucie County. St. Lucie County and FPUA shall resolve in good faith any issues regarding whether a particular customer or developer agreement is being provided utility service pursuant to this Bulk Service Agreement. St. Lucie County and FPUA shall perform a true-up of Capital Improvement Charge payments as of October 1 of each year during the term of this Agreement based upon the average daily flows for the prior 12 months, as measured at the master meter(s), divided by the agreed upon Water ERC and Wastewater ERC set forth above ("True Up ERC's). In the event that the True Up ERC's exceed the number ofERC's for which St. Lucie County has made payment to FPUA, then St. Lucie County shall pay the difference between the True Up ERC's and the paid ERC's. Ifbulk average daily flows indicate a lower demand than ERC projections, there shall be no downward adjustment ofERC's or Capital Improvement Charges. The bulk wastewater service areas will coincide with bulk water service areas. c. It is the intention ofFPUA to utilize the existing South Hutchinson Island (SHI) Water Reclamation Facility (WRF) to it's fullest capacity. ERC's for wastewater treatment will be issued to FPUA and St. Lucie County bulk wastewater customers until 100% of the SHI WRF capacity is reached. St. Lucie County agrees that Capital Improvement Charges collected for bulk wastewater ERC's connected to the SHI WRF are reimbursements to FPUA for sunk cost of treatment and transmission facilities necessary to transport and treat the wastewater. Both parties understand that when certain capacity limits are reached, State regulations require certain steps to be taken to start the process for a new plant to be sited, designed and constructed. Both parties agree that in the event the SHI WRF is required to be taken out of service by a regulatory agency or by any statute, rule, regulation or court order, it will be the joint responsibility of St. Lucie County and FPUA to plan for replacement capacity at another site. FPUA and S1. Lucie County will plan for and construct the future mainland wastewater treatment plant as partners, with each party paying it's share of costs on an allocated capacity basis, rather than a capital improvement charge basis. 6. Billing: FPUA shall bill St. Lucie County each month for Bulk Service, subject to the provisions of the FPUA rules and regulations, as amended from time to time. Bulk wastewater billings shall be based upon bulk water meter readings, less the aggregate sum of all irrigation-only water meter readings within the County's bulk water service area. FPUA shall separate each month's bill by points of connection between FPUA and 81. Lucie County. Bills are due when rendered and will be considered late ifnot paid within 15 days. Notwithstanding provisions in the FPUA Code to the contrary, FPUA shall not discontinue Bulk Service to St. Lucie County for non-payment unless it has provided St. Lucie County 30 days written notice ofFPUA's intention to discontinue service for non-payment by St. Lucie County with a right to cure. In the event of a dispute over the accuracy ofa bill, S1. Lucie County shall pay the non-disputed portion of the bill to FPUA and provide FPUA written notice detailing the reason for the disputed portion of the bill. FPUA shall not discontinue service for non-payment of the disputed portion of the bill. Disputes over billing accuracy that are not amicably resolved between the parties within 20 days of written notice to FPUA from S1. Lucie County shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 10 below. 7. North Hutchinson Island Service Agreement: Upon execution of this Agreement, the current North Hutchinson ·Island Bulk Utility Service Agreement between the County and FPUA g:lattylagreemntinterloclfpua-Ex4 2-9 - ~ '-<WÎ ("NHI Bulk Service Agreement") shall be automatically terminated, and the Bulk Service Agreement shall take immediate effect for service to North Hutchinson Island, subject to the following bulk water rate transition period: (1) for a period of two years from the date of this Agreement, the bulk water rate shall remain at the current rate charged by FPUA to the County under the NHI Bulk Service Agreement ("Current Rate"); (2) commencing at the end of the two year period, and on the same date for the next three years, the bulk water rate will be reduced by one quarter of the difference between the Current Rate and the bulk water rate for the same time frame as calculated undèr the Bulk Service Agreement (including any applicable incremental increases); (3) commencing at the end of fifth year, the bulk water rate shall be the same as the then current bulk water rate under the Bulk Service Agreement (including any applicable incremental increases). St. Lucie County shall pay no Capital Improvement Charges or impact fees for development that is existing (or fully permitted by St. Lucie County and FDEP) at the time of this Agreement and for a period of two years from the date of this Agreement. St. Lucie County shall pay capacity fees to FPUA for all development on North Hutchinson Island permitted after said two-year period. 8. Airport Properties Service Agreement:Upon execution ofthis Agreement, the existing water service agreements between FPUA and St. Lucie County for service to St. Lucie County's Airport Properties shall be automatically terminated and replaced by this Agreement. The partaies agree that the annexation agreement shall not be terminated. The rates for bulk service as set forth in this Agreement shall commence with the next billing cycle 30 day after the execution of this Agreement ("Changeover Date"). The rates for bulk service in the existing bulk water service agreement shall apply until the Changeover date. St. Lucie County shall pay no Capital Improvement Charges or impact fees for the existing bulk service provided at the Changeover Date. St. Lucie County shall pay capacity fees to FPUA for all development on St. Lucie County's Airport Properties permitted after the Changeover Date. 9. Term: The term of this Agreement shall be 30 years, and may be extended by the parties for 2 additional terms of 30 years which extension must be agreed upon on or before the 15th year of the initial term or an extension term, as applicable. Either party may terminate this agreement upon providing the other party 15 years written notice oftermination; provided, however, that in the event the remaining term at the time of notice of termination is Jess than 15 years, the term of this Agreement shall be extended so that the Agreement will terminate in not less than 15 years. 10. Force Maieure: In the event that performance ofthis Agreement by either party to this Agreement is prevented or interrupted beyond the control of either party, including, but not limited to, act of God or the public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability or labor or materials, rationing, civil insurrection, riot, radical or civil rights disorder or demonstration, strike embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, failure or breakdown of pumping transmission or other facilities, governmental rules or acts or orders or restrictions or regulations of requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, in order to decree or judgment or restraining order or injunction of any court, said party shall not be liabl~ for such non- performance. 11. Laws of Florida: This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions precedent for the rendering of service as set forth in this Agreement. g:lattylagreemntinterloclfpua-Ex4 2-9 -- \..t '...I 12. Dispute Resolution: In the event either party to this Agreement is required to enforce this Agreement the following procedure shall be followed: 12.1 Prior to initiating any lìtigation between the parties, the initiating party shall provide a written notice to the non-initiating party of its intent to bring litigation together with a reasonably detailed description of the nature of the claim. Within ten (10) days of receipt of such notice, the parties shall schedule a pre-litigation mediation proceeding which meeting shall take place within twenty (20) days or such other time as the parties may agree to attempt to mediate an amicable resolution of the dispute. The parties shall cooperate with each other to select a mutually agreeable mediator. The cost of mediation shall be borne equally by each party. Mediation shall take place at the FPUA administrative complex. 12.2 Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, that is not resolved through the mediation process specified in subsection 12.1, shall be resolved by binding arbitration, before a three member panel, in accordance with the rules then obtaining of the American Arbitration Association. Each party shall select one arbitrator and the two arbitrators so selected shall select a third arbitrator. The third arbitrator must have experience in the water and wastewater utility operations and management business. Arbitration shall take place at the FPUA's administrative complex. Any judgment upon the award rendered may be entered in any court having jurisdiction. The cost of arbitration shall be borne equally by each party. Each party shall bear its own attorneys fees and costs arising out of any mediation and arbitration. MISCELLANEOUS PROVISIONS 13. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 14. Exhibits mentioned in this Agreement are hereby incorporated herein by reference and made a part hereof as fully set forth herein. 15. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 16. No agreement shall be effective to add to, change, modify, waive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto. In the event that any non-material provision of this Agreement is detennined to be of no force and effect by a court of law, such provision shall be severed from this Agreement and the remaining Agreement shall continue in full force and effect. 17. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 18. Within sixty days of execution of this Agreement, St. Lucie County shall provide FPUA with a 5-year projection of bulk water and wastewater demands at all connection points. St. Lucie County shall update the 5-yearprojection annually thereafter during the tenn ofthis Agreement. 19. In the event that during the tenn of this Agreement, St. Lucie County elects to construct water or wastewater treatment capacity for new development not already served under this Agreement, then St. Lucie County shall provide FPUA with 5 years prior notice of such construction. Such construction may not replace existing demand on FPUA's bulk supply (unless such notice is accompanied by a notice of tennination of this Agreement, in which event the constructed capacity g:\attylagreemntinterloc\fpua-Ex42-9 -- ~ ...; may not be used to replace existing demand on FPUA's bulk supply until the effective date of the termination of this Agreement). 20. During the term of this Agreement, S1. Lucie County shall not reduce the number of ERC's of water and wastewater service utilized under this Agreement and furnish those S1. Lucie County Customers with water and wastewater service from another source, including one owned and operated by S1. Lucie County (provided the County may continue to provide water and wastewater service from its existing water and wastewater facilities until the current capacity of those existing systems is fully utilized). This requirement shall allow, however, fornonnal fluctuations in water and wastewater demand. 21. During the term of this Agreement, FPUA shall be the exclusive bulk service provider to S1. Lucie County within Area B, subject to the following conditions: (1) to the extent that FPUA denies a Service Request from S1. Lucie County, S1. Lucie County may meet such Service Request from another source, including one owned and operated by S1. Lucie County; (2) to the extent that S1. Lucie County currently receives bulk utility service from the City of Port S1. Lucie for the Okeechobee Road corridor, S1. Lucie County may continue such bulk service but only to the extent of capacity reserved as of the date of this Agreement as set forth on Attachment A to this Agreement; and (3) to the extent that S1. Lucie County secures emergency interconnections with other utility systems and utilizes such emergency interconnections for temporary or emergency service needs. 22. S1. Lucie County's retail customers in the bulk water service areas will be subject to the same water use restrictions as may be imposed on FPUA's retai] customers under emergency conditions. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: FORT PIERCE UTILITIES AUTHORITY By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: FPUA General Counsel Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: St. Lucie County Attorney Deputy Clerk g:lattylagreemntinterloc\fpua-Ex42-9 '-' "'WI EXHIBIT 4 AGREEMENT BETWEEN FORT PIERCE UTILITY AUTHORITY AND ST. LUCIE COUNTY, FLORIDA, FOR PROVISION OF BULK WATER, WASTEWATER AND RECLAIMED WATER SERVICE THIS AGREEMENT is entered into between the Fort Pierce Utility Authority, a Special District organized under the Charter of the City of Fort Pierce ("FPUA"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("St. Lucie County"). WIT N E 8 SET H: WHEREAS, S1. Lucie County has various needs from time to time throughout the areas that S1. Lucie County's utility department provides service to purchase bulk potable water, wastewater and reclaimed water service; and WHEREAS, FPUA has available water, wastewater and possible future reclaimed water service from time to time which it desires to make available to St. Lucie County for Purchase; and WHEREAS, both S1. Lucie County and FPUA have the legal ability and authority to enter into an agreement for the sale and purchase of water and wastewater; and WHEREAS, the Parties find that this Agreement serves a public purpose and is to the public's benefit; and WHEREAS, St. Lucie County and FPUA desire to enter into this Agreement to accomplish the purposes set forth above (the "Agreement"). NOW, THEREFORE, in consideration ofthe premises and covenants herein contained, FPUA and S1. Lucie County agree as follows: 1. Whereas Statements: The foregoing statements are true and correct. 2. Agreement to Serve: a. FPUA agrees to provide bulk potable water, wastewater and reclaimed water service ("Bulk Service") to S1. Lucie County, in accordance with the terms and provisions ofthis Agreement. Subject to availability at the time of request, S1. Lucie County may, from time to time, request FPUA to provide water, wastewater or reclaimed water service to S1. Lucie County at points of connection located outside ofFPUA' s existing utility service area as proposed by St. Lucie County. To the extent that the service requested by St. Lucie County (a "Service Request") is available at the time of request and interconnection with the St. Lucie County utility system at the proposed points of connection is economically feasible, as determined in the reasonable discretion of FPUA, and provided that the provisions of Section 3 below are complied with, FPUA shall provide the requested service. Provided each Service Request complies with the requirements of this Agreement, the respective staffs ofS1. Lucie County and FPUA are authorized to implement the terms ofthis Agreement with respect to such Service Request without further action of the 8t. Lucie County Commission or FPUA governing board. There is no annexation requirement as a condition of provision of service by FPUA to S1. Lucie County pursuant to the terms of this Agreement. g:lattylagreemntinterloc\fpua-Ex42-9 '-' ..,.,¡ b. As required by all applicable FPUA resolutions addressing FPUA's Industrial Pretreatment Program and City of Fort Pierce Sewer Use Ordinance No. UA 98-5 or succeeding revised Sewer Use Ordinance, any industrial users that connect to the St. Lucie County utility system served by FPU A Bulk Wastewater Service will be subject to FPU A's industrial pretreatment program. This program is governed by Administrative Code 62-625 and administered by the State of Florida Department of Environmental Protection, Tallahassee, Florida. All pennitting and operational costs, including surcharges/excess strength fees as defined and applicable in the FPUA resolutions, wilJ be collected by St. Lucie County from such indusfrial users and remitted to FPUA with the next month's billing of Bulk Service Rates. The specific responsibilities ofFPUA and St. Lucie County with regard to implementing and enforcing an Industrial Pretreatment Program that meets all state and federal requirements will be delineated in a separate Interlocal Agreement dealing only with the Industrial Pretreatment program in the bulk wastewater service areas. 3. Method of Extension and Delivery of Service: The provisions for the construction, installation and operation of the facilities ofFPUA up to the point(s) of connection and the facilities of St. Lucie County past the point(s) of connection wilJ be detennined jointly by FPUA and St. Lucie County. St. Lucie County shall share equitably with FPUA in the capital cost associated with the extension of new mains or oversizing of mains necessary to bring adequate quantities of water to the bulk metering point( s) of connection in accordance with the then current FPUA policies for extending water and sewer service to new customers. St. Lucie County shall bear the initial capital cost of the master meter(s), backflow prevention devices, and pressure-sustaining valves required for service to St. Lucie County and shall transfer ownership of such master meter( s) and other backflow prevention or pressure sustaining devices to FPUA, which shall, after transfer, assume the obligation to operate, maintain and replace such master meter(s) and other devices. All master meters and backflow prevention devices shall be tested annually by FPUA, with the cost of such testing to be paid by St. Lucie County. FPUA shall provide service to St. Lucie County at the points of connection in accordance with then existing regulations and standards not in conflict with the tenns of this Agreement. 4. Rates and Charges: St. Lucie County agrees to pay the following bulk rates for the services requested. FPUA shall charge St. Lucie County for bulk water service at a rate of $1.90 per thousand gallons (the "Bulk Water Rate"), for bulk wastewater service at a rate of$4.60 per thousand gallons (the "Bulk Wastewater Rate") and a rate for bulk reclaimed water service (including Capital Improvement Charges, if any) as shall be agreed upon between the parties at such time as FPUA institutes a reclaimed water service program (the "Bulk Reclaimed Water Rate"), all as measured at master meter(s) for each service (collectively, the "Bulk Service Rates"). Bulk wastewater volumes for billing shall be detennined from bulk water meter readings and retail irrigation-only meter readings within the bulk water service area, as described in Paragraph 6. The Bulk Service Rates may be revised from time to time by FPUA, at such time and in the same percentage as FPUA revises its retail residentÏ'ã1 customer class commodity charges for the lowest consumption level. There shall be no surcharge imposed on the Bulk Rates charged to St. Lucie County. Retail water and wastewater rates established by St. Lucie County for the bulk water service areas shall be structured such that they wilJ not be lower than the retail water and wastewater rates for FPUA customers within the City of Fort Pierce. 5 Payments of Water /Wastewater Capital Improvement Charges: a. Provisions with respect to St. Lucie County's payment of Water and Wastewater Capital Improvement Charges are as follows: Water Capital Improvement Charges: $1,378.00 per equivalent residential connection ("ERC"). A Water ERC is based upon 300 gallons per day; Wastewater Capital Improvement Charges: $1,222.00 per ERC. A Wastewater ERC is based upon 240 gallons per day. Separate Capital Improvement Charges wilJ be assessed for irrigation-only water g:lattylagreemntinterloclfpua-Ex4 2-9 '-' ...." use, in accordance with standard FPUA policies. All Capital Improvement Charges may be revised from time to time by FPUA, at such time and in the same percentage as the FPUA revises its retail residential customer class Capital Improvement Charges. There shall be no other capital or impact charges to St. Lucie County for Bulk Service. b. St. Lucie County wiH collect the Water Capital Improvement Charges and Wastewater Capital Improvement Charges and remit the same to FPUA upon the earlier of the initial provision of utility service by St. Lucie County to a customer or the receipt of payment by St. Lucie County of such Capital Improvement Charges pursuant to a developers agreement reserving utility capacity with St. Lucie County. St. Lucie County and FPUA shall resolve in good faith any issues regarding whether a particular customer or developer agreement is being provided utility service pursuant to this Bulk Service Agreement. St. Lucie County and FPUA shall perform a true-up of Capital Improvement Charge payments as of October 1 of each year during the term ofthis Agreement based upon the average daily flows for the prior 12 months, as measured at the master meter(s), divided by the agreed upon Water ERC and Wastewater ERC set forth above ("True Up ERC's). In the event that the True Up ERC's exceed the number ofERC's for which St. Lucie County has made payment to FPUA, then St. Lucie County shall pay the difference between the True Up ERC's and the paid ERC's. Ifbulk average daily flows indicate a lower demand than ERC projections, there shall be no downward adjustment ofERC's or Capital Improvement Charges. The bulk wastewater service areas will coincide with bulk water service areas. c. It is the intention ofFPUA to utilize the existing South Hutchinson Island (SHI) Water Reclamation Facility (WRF) to it's fullest capacity. ERC's for wastewater treatment will be issued to FPUA and St. Lucie County bulk wastewater customers until 100% of the SHI WRF capacity is reached. St. Lucie County agrees that Capital Improvement Charges collected for bulk wastewater ERC's connected to the SHI WRF are reimbursements to FPUA for sunk cost of treatment and transmission facilities necessary to transport and treat the wastewater. Both parties understand that when certain capacity limits are reached, State regulations require certain steps to be taken to start the process for a new plant to be sited, designed and constructed. Both parties agree that in the event the SHI WRF is required to be taken out of service by a regulatory agency or by any statute, rule, regulation or court order, it wiH be the joint responsibility ofSt. Lucie County and FPUA to plan for replacement capacity at another site. FPUA and St. Lucie County will plan for and construct the future mainland wastewater treatment plant as partners, with each party paying it's share of costs on an allocated capacity basis, rather than a capital improvement charge basis. 6. Billing: FPUA shall bill St. Lucie County each month for Bulk Service, subject to the provisions of the FPUA rules and regulations, as amended from time to time. Bulk wastewater billings shall be based upon bulk water meter readings, less the aggregate sum of all irrigation-only water meter readings within the County's bulk water service area. FPUA shall separate each month's bill by points '6f connection between FPUA and St. Lucie County. Bills are due when rendered and will be considered late ifnot paid within 15 days. Notwithstanding provisions in the FPUA Code to the contrary, FPUA shall not discontinue Bulk Service to St. Lucie County for non-payment unless it has provided St. Lucie County 30 days written notice ofFPUA's intention to discontinue service for non-payment by St. Lucie County with a right to cure. In the event of a dispute over the accuracy of a bill, St. Lucie County shall pay the non-disputed portion ofthe bill to FPUA and provide FPUA written notice detailing the reason for the disputed portion of the bill. FPUA shall not discontinue service for non-payment of the disputed portion of the bill. Disputes over billing accuracy that are not amicably resolved between the parties within 20 days of written notice to FPUA from St. Lucie County shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 10 below. 7. North Hutchinson Island Service Agreement: Upon execution ofthis Agreement, the current North Hutchinson Island Bulk Utility Service Agreement between the County and FPUA g:lattylagreemntinterloc\fpua-Ex4 2-9 '-' ...., ("NHI Bulk Service Agreement") shall be automatically terminated, and the Bulk Service Agreement shall take immediate effect for service to North Hutchinson Island, subject to the following bulk water rate transition period: (1) for a period of two years from the date of this Agreement, the bulk water rate shall remain at the current rate charged by FPUA to the County under the NHI Bulk Service Agreement ("Current Rate"); (2) commencing at the end of the two year period, and on the same date for the next three years, the bulk water rate will be reduced by one quarter of the difference between the Current Rate and the bulk water rate for the same time frame as calculated under the Bulk Service Agreement (including any applicable increméntal increases); (3) commencing at the end offifth year, the bulk water rate shall be the same as the then current bulk water rate under the Bu]k Service Agreement (including any applicable incremental increases). St. Lucie County shall pay no Capital Improvement Charges or impact fees for development that is existing (or fully permitted by St. Lucie County and FDEP) at the time ofthis Agreement and for a period of two years from the date of this Agreement. St. Lucie County shall pay capacity fees to FPUA for all development on North Hutchinson Island permitted after said two-year period. 8. Airport Properties Service Agreement:Upon execution ofthis Agreement, the existing water service agreements between FPUA and 8t. Lucie County for service to St. Lucie County's Airport Properties shall be automatically terminated and replaced by this Agreement. The partaies agree that the annexation agreement shall not be terminated. The rates for bulk service as set forth in this Agreement shall commence with the next billing cycle 30 day after the execution of this Agreement ("Changeover Date"). The rates for bulk service in the existing bulk water service agreement shall apply until the Changeover date. 8t. Lucie County shall pay no Capital Improvement Charges or impact fees for the existing bulk service provided at the Changeover Date. 8t. Lucie County shall pay capacity fees to FPUA for all development on 8t. Lucie County's Airport Properties permitted after the Changeover Date. 9. Term: The term of this Agreement shall be 30 years, and may be extended by the parties for 2 additional terms of 30 years which extension must be agreed upon on or before the 15th year ofthe initial term or an extension term, as applicable. Either party may terminate this agreement upon providing the other party 15 years written notice oftermination; provided, however, that in the event the remaining term at the time of notice of termination is less than 15 years, the term of this Agreement shall be extended so that the Agreement will terminate in not less than 15 years. 10. Force Maieure: In the event that performance ofthis Agreement by either party to this Agreement is prevented or interrupted beyond the control of either party, including, but not limited to, act of God or the public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability or labor or materials, rationing, civil insurrection, riot, radical or civil rights disorder or demonstration, strike embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, fáilure or breakdown of pumping transmission or other facilities, governmental rules or acts or orders or restrictions or regulations of requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, in order to decree or judgment or restraining order or injunction of any court, said party shall not be liable for such non- performance. 11. Laws of Florida: This Agreement shall be governed by the laws ofthe State of Florida and it shall become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions precedent for the rendering of service as set forth in this Agreement. g:lattylagreemntinterloc\fpua-Ex4 2-9 "'-' """ 12. Dispute Resolution: In the event either party to this Agreement is required to enforce this Agreement the following procedure shall be followed: 12.1 Prior to initiating any litigation between the parties, the initiating party shall provide a written notice to the non-initiating party of its intent to bring litigation together with a reasonably detailed description of the nature of the claim. Within ten (10) days of receipt of such notice, the parties shall schedule a pre-litigation mediation proceeding which meeting shall take place within twenty (20) days or such other time as the parties may agree to attempt to mediate an amicable resolution of the dispute. The parties shall cooperate with each other to select a mutuaHy agreeable mediator. The cost of mediation shall be borne equally by each party. Mediation shall take place at the FPUA administrative complex. 12.2 Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, that is not resolved through the mediation process specified in subsection 12.1, shall be resolved by binding arbitration, before a three member panel, in accordance with the rules then obtaining ofthe American Arbitration Association. Each party shall select one arbitrator and the two arbitrators so selected shall select a third arbitrator. The third arbitrator must have experience in the water and wastewater utility operations and management business. Arbitration shall take place at the FPU A's administrative complex. Any judgment upon the award rendered may be entered in any court having jurisdiction. The cost of arbitration shall be borne equaHy by each party. Each party shall bear its own attorneys fees and costs arising out of any mediation and arbitration. MISCELLANEOUS PROVISIONS 13. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 14. Exhibits mentioned in this Agreement are hereby incorporated herein by reference and made a part hereof as fully set forth herein. 15. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 16. No agreement shall be effective to add to, change, modify, waive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto. In the event that any non-material provision of this Agreement is determined to be of no force and effect by a court of law, such provision shall be severed from this Agreement and the remaining Agreement shall continue in full force and effect. r 17. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 18. Within sixty days of execution of this Agreement, St. Lucie County shall provide FPUA with a 5-year projection of bulk water and wastewater demands at all connection points. St. Lucie County shall update the 5-yearprojection annually thereafter during the term ofthis Agreement. 19. In the event that during the term of this Agreement, St. Lucie County elects to construct water or wastewater treatment capacity for new development not already served under this Agreement, then St. Lucie County shall provide FPUA with 5 years prior notice of such construction. Such construction may not replace existing demand on FPUA's bulk supply (unless such notice is accompanied by a notice oftermination of this Agreement, in which event the constructed capacity g:\atty\agreemntinterloc\fpua-Ex42-9 ~ ~ may not be used to replace existing demand on FPUA's bulk supply until the effective date of the tennination of this Agreement). 20. During the tenn of this Agreement, St. Lucie County shall not reduce the number of ERC's of water and wastewater service utilized under this Agreement and furnish those St. Lucie County Customers with water and wastewater service from another source, including one owned and operated by St. Lucie County (provided the County may continue to provide water and wastewater service from its existing water and wastewatèr facilities until the current capacity of those existing systems is fully utilized). This requirement shall allow, however, for normal fluctuations in water and wastewater demand. 21. During the tenn ofthis Agreement, FPUA shall be the exclusive bulk service provider to St. Lucie County within Area B, subject to the following conditions: (1) to the extent that FPUA denies a Service Request from St. Lucie County, St. Lucie County may meet such Service Request from another source, including one owned and operated by St. Lucie County; (2) to the extent that St. Lucie County currently receives bulk utility service from the City of Port St. Lucie for the Okeechobee Road corridor, St. Lucie County may continue such bulk service but only to the extent of capacity reserved as of the date ofthis Agreement as set forth on Attachment A to this Agreement; and (3) to the extent that St. Lucie County secures emergency interconnections with other utility systems and utilizes such emergency interconnections for temporary or emergency service needs. 22. St. Lucie County's retail customers in the bulk water service areas will be subject to the same water use restrictions as may be imposed on FPUA's retail customers under emergency conditions. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: FORT PIERCE UTILITIES AUTHORITY By: ................................... . ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: FPUA General Counsel Deputy Clerk r BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: ................................... . Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: St. Lucie County Attorney Deputy Clerk g:lattylagreemntinterloc\fpua-Ex4 2-9 '-' ¥ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 10, 2004 RECONVENE 8. COUNTY A TIORNEY (3 - ~ ) Le¡J,s ./ NO blrrlt7r yes ~ tJÎ;fc~1Î .r N D CovJar~ -- ~( e) brlllhr/ yes Interlocal Agreement - Utility Bulk Sale - Consider staff recommendation to approve Resolution No. 04-61 approving the draft Interlocal Agreement, Service Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community SelVices Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty- eight (48) hours prior to the meeting. ~_ ~_ ~ _m..~.~._.....~ LEGEND FPUA retail serviçe area (&'kat Area A) S1. Luçie Countv Service Area (&Wa Areá B) r//~ S1. Lucie County Airport Water lines (existing) Sewer lines (existing) Gas tines (existing) Countv Urban Svc Boundary IIIII Utilitv Service by Othérs NOTES: "Area S" is i area for 8t. in ~his area oliCfes and 0 ompreheneive ~PYf\ WATE&It~ICE - '-' ........" BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 1 0,2004 PROCLAMA TION 2-E. St. Lucie County Health Department requests the Board of County Commissioners proclaim February 12/ 2004 to be Step Up Florida Day in St. Lucie County. r NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty- eight (48) hours prior to the meeting. - '-' "wi i FEBRUARY 10, 2004 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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 7:00 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 asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, pl6se 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 7:00 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ; '-" BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fLus Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No.3, District No. 1 District No. 2 District No. 4 District No. 5 February 10/ 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the Regular meeting held on February 3/ 2004 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-43 - Proclaiming February 16, 2004 through February 22/ 2004 as "ST. LUCIE COUNTY SURVEYORS WEEK" in St. Lucie County, Florida. B. Resolution No. 04-34 - Proclaiming February 20/ 2004/ through February 28/ 2004 as "Jazz Week/Main Squeeze Citrus Festival" in Fort Pierce, Florida. C. Employee of the 1 st Quarter - Announcement by the County Administrator D. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA - PUBLIC HEARINGS 5. There are no Public Hearings scheduled for February 10, 2004 END OF PUBLIC HEARINGS '-' ~ Regular Agenda February 10, 2004 Page Two 6. PARKS AND RECREATION Lincoln Park Community Center Extended Hours and approval of Budget Amendment No. 04- 1 33. - Staff requests direction from the Board and approval of Budget Amendment No. BA 04- 133 if proposal approved. 7. ADMINISTRATION Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. /" \w 'wII CONSENT AGENDA lanuary 27. 2004 1. WARRANTS LISTS Approve warrants list No. 21 2. COUNTY ATTORNEY A. Amendments to Agreements with George D. Dugan, III and Kirschner & Garland to provide legal representation to indigents in criminal cases. - Consider staff recommendation to approve the Amendments to the George Dugan, Esq. and Kirschner & Garland, P.A. as outlined. B. Ordinance No. 04-016 - Permission to Advertise - Consider staff recommendation to advertise proposed Ordinance No. 04-016 for public hearings before the Planning & Zoning Commission/Local Planning Agency on March 18, 2004, and the Board of County Commissioners on April 6, 2004 and April 20, 2004, beginning at 7:00 p.m. or as soon thereafter as maybe heard. C. Acceptance of Florida DEP Land & Water Conservation Fund Grant in furtherance of the River Park Marina - Consider staff recommendation to accept the grant award and authorize the Chairman to sign the Grant Agreement. D. Release of Bond - Sterling Silver Scape & Sod, Inc. - C02-05-549 - Consider staff recommendation to authorize the release of the Public Construction Bond. E. Ordinance No. 04-01 4 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County: Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 04-014 for March 2, 2004, which is a night meeting. 3. MANAGEMENT AND BUDGET A. The United Stated Department of Agriculture Natural Resources Conservation Service awarded funds in the amount of $56,614. An estimated amount of $55,000 for 2003- 2004 was initially budgeted; an additional $ 1,614 is required to equal the awarded grant amount. - Consider staff recommendation to approve Budget Resolution #04-46 in the amount of $ 1,614. B. Approval of Equipment 04-236 and Budget Amendment BA04-128 for Handheld Computer. - Consider staff recommendation to approve Budget Amendment 04-128 and Equipment Request 04-236. C. Adopt Budget Resolution 04-?? to establish the budget for Sunland Gardens MSBU Phase 1 project. - Consider staff recommendation to adopt Budget Resolution 04-?? . 4. PUBLIC SAFETY Request to approve the purchase of a Router for Security/Firewall for the 911 Center. - Consider staff recommendation to approve the purchase of the Router. Equipment Request #04- 237, Budget Amendment #04-131. .,... '-' ....I Consent Agenda February 10, 2004 Page Two 5. PUBLIC WORKS A. Environmental Resources Division - Request to approve Budget Resolution 04-45 Insurance Reimbursement. - Consider staff recommendation to approve Budget Resolution 04-45 establishing the budget for reimbursement. B. Environmental Resources Division - Purchase of Trailside Composting toilets for Bluefield Ranch Preserve. - Consider staff recommendation to approve the purchase of two (2) trailside composting toilets at $2,168 each for a total of $4,335. C. Engineering Division - Professional Engineering Services for Roadway and Intersection Design - Work Authorization No.1 (C03-09-644) Horn and Associates in the amount of $23,600 for phase I construction improvements for the Ten Mile Creek-Gordy Road Recreation Area. - Consider staff recommendation to approve Work Authorization No. 1 in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation Area. D. Engineering Division - Award Bid No. 03-103, Edwards/Selvitz Road Intersection Improvements project. The project consists of the construction of turn lanes, installation of traffic signals, and excavation of drainage swales and a dry retention pond. - Consider staff recommendation to award Bid No. 03-103, to Ranger Construction Industries, Inc., the lowest bidder, in the amount of $522,443.20, establish the project budget as outlined in the attached memorandum, and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Solid Waste Division - Permission to advertise for bids for Residential Solid Waste Collection and Recycling and to request bids for both billing and collection methods. Consider staff recommendation to grant permission to advertise for bids for Residential Solid Waste Collection and Recycling and to request bids for both billing and collection methods (i.e. liens) and provide an alternative bid for the levy and collection of non-ad valorem assessment (tax roll). F. SGtid Waste Division - CDM proposal to provide engineering services - Consider staff recommendation to approve the CDM proposal to provide engineering services for assistance with implementation of the Glades Road Landfill Northeast Corner Assessment Plan for a lump sum amount of $44,850. 6. GRANTS Request approval to submit a grant application to the Florida Division of Emergency Management - Consider staff recommendation to submit a grant application not to exceed $35,000 to the Florida Division of Emergency Management / US Department of Homeland Security for the development of a Community Emergency Response Team (CERT). \.I >."J Consent Agenda February 1 0, 2004 Page Three 7. PURCHASING A. Donation of Surplus Equipment to Bethel Baptist Church. - Consider staff recommendation to approve the donation of the surplus equipment to Bethel Baptist Church. B. Bid Waver and Sole Source declaration for purchase of wood waste material from the C&D Processing Facility to New Hope Power Partnership. - Consider staff recommendation to approve the bid waiver and sole source declaration. C. Permission to advertise Invitation for Bid for the purchase and installation of water heaters at the Rock Road Jail. - Consider staff recommendation to approve the request for permission to advertise Invitation for Bid. 8. PARKS AND RECREATION Purchase of Laser Grademaster Grading System (Equipment Request #EQ04-086) - Consider staff recommendation to approve authorization to amend equipment number EQ04-086 and purchase the complete laser grading system at a cost of $16,015.00. 9. ADMINISTRATION eCivis Grant Locator - Consider staff recommendation to authorize the Chairperson of the Board of County Commissioners to sign a renewal subscription agreement for eCivis Grant Locator. 10. AIRPORT A. Stormwater drainage improvement design - Consider staff recommendation to approve Work Authorization #2 for $41,785 scope of work with Kimley-Horn & Associates for the design phase services, bid and award services, and construction phase services associated with stormwater drainage improvements at the St. Lucie County International Ai!:p0rt. B. Security fencing design - Consider staff recommendation to approve Work Authorization #1 and the $38,807 scope of work with Kimley-Horn & Associates for the design phase services, bid and award services, and construction phase services associated with the Phase 4 security fencing at St. Lucie County International Airport. 11. CENTRAL SERVICES Equipment Request #EQ04-235/Budget Amendment #BA04-130 - Purchase of color printer for Central Services Administration - Consider staff recommendation to approve the purchase of a HP Color Laser Jet 4600dn Printer, at a cost of $2,105.00. \..,I 'WI Consent Agenda February 10, 2004 Page Four 12. COMMUNITY DEVELOPMENT A. Consider final plat approvals for Portofino Shores PUD, Phase II - Consider staff recommendation to approve the final plats for Portofino Shores, Phase II, subject to execution of all final subdivision agreements and posting of any required securities. B. Consider final plat approvals for Portofino Shores PUD, Phase III - Consider staff recommendation to approve the final plats for Portofino Shores, Phase III, subject to execution of all final subdivision agreements and posting of any required securities. r , '-' '-' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -- ANNOUNCEMENTS FEBRUARY 10, 2004 A. There will be a dedication of the " The Partnership," an Arts in Public Places Project, on Wednesday, Feb. 11 th at 1 :30 p.m. at the St. Lucie County Marine Center Courtyard (420 Seaway Drive, Fort Pierce, at Museum Pointe.) This is a joint project between St. Lucie County and the City of Fort Pierce. B. The Public is invited to a presentation of the charrette report on Friday, February 13, 2004 from 7:00 PM until 9:00 PM at the Lakewood Park Elementary School. C. The Board of County Commissioners will hold a Strategic Planning Session on February 19, 2004 at The Panther Woods Country Club, 9425 Meadowood Drive, Fort Pierce, Florida, from 8:00 AM to 5:00 PM D. The 37th Annual St. Lucie County Fair will begin on Friday, Feb. 27th and run through Sunday, Mar. 7th at the St. Lucie County Fairgrounds. E. The Board of County Commissioners will hold a Joint meeting with the City of Fort Pierce Commission, and the City of Port St. Lucie Council on Thursday, March 4, 2004 at the Schreiber Conference Center, Core Communities Auditorium, St. Lucie West IRCC/FAU Campus, St. Lucie West 500 N.W. California Blvd. Port St. Lucie, Florida, from 2:00 PM to 4:00 PM. /' NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- t 777 or TDD (772) 462- t 428 at least forty-eight (48) hours prior to the meeting. " - \ 4' 02/06/04 F''7.ABWARR FUND 001 001117 001131 001142 001146 001149 001157 001158 001284 001285 001286 001288 001809 101 101002 101003 101006 101215 102 102001 102107 -; / 107001 107002 107003 107134 113 114 116 117 119 123 127 128 136 138 140 140001 160 170 183 183001 183004 184203 184205 1Q4805 ;003 ~ ...", ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 31-JAN-2004 TO 06-FEB-2004 FUND SUMMARY TITLE EXPENSES General Fund FTA 49 USC Sec 5307 98/99 FTA Section 5303 Grant FY01 FTA Section 5303 Grant FY01/02 FTA use Section 5307 FY03 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 TRIP Grant FY04 S.L.C. Mental Health Collaborative FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper USDOJ Local Law Enf Block Gr FY04 Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Pist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial eir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration FDEP Fort Pierce Shore Protection P FIND Shoreline Stabilization for N FHFA SHIP FY02/03 267,854.78 12,487.00 47.95 20.55 55,354.00 1,219.60 868.52 279.69 73,992.10 15,800.00 134.90 78.18 337.46 89,072.29 102,271.50 1,093.30 23,577.50 1,145.00 13,190.24 2,564.53 302.88 488.52 284,001.56 195.01 12,468.09 52.49 44,263.24 210.52 461.87 513.76 128.12 762.17 264.04 337.64 444.13 1,340.93 109.77 8,469.02 6,408.18 1,865.88 395.60 2,076.39 482.04 899.57 1,949.71 13,524.16 1,322.24 55.69 PAGE 1 PAYROLL 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 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.Od 0.00 0.00 0.00 0.00 '. 02/06/04 P<7ABWARR FUND 185004 185204 310003 315 316 316104 316201 362 390 396 401 418 421 441 448 449 451 458 461 471 478 1 - ~ 491 505 505001 611 615 625 655 '-"' .".¡ ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 31-JAN-2004 TO 06-FEB-2004 FUND SUMMARY TITLE FHFA SHIP FY03/04 FHFA SHIP 99/00 Impact Fees-Public Buildings County Building Fund County Capital Pepper Park Dune Crossover FDEP/FRDAP Savanna Rec Phase II Sports Complex Improv Fund Treasure Cove/Ocean Harbor S Cap 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 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 Uti1 Dist-Capital Facilities Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Insurance Agency Fund EXPENSES 448.16 55.68 4,157.50 117,848.74 257,714.29 4,031.98 3,646.17 1,358,439.25 22,793.40 933.23 31,859.23 18,679.32 35.06 2,459.01 69.88 84.34 54,614.22 86.20 4,909.14 1,613.62 54.40 106.20 24.99 11,995.96 4,847.74 455,601.29 2,846.00 153,867.62 99.55 66,368.98 GRAND TOTAL: 3,625,473.46 PAGE 2 PAYROLL 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,963.32 0.00 0.00 0.00 0.00 0.00 6,963.32 02/06/04 F7.ABWARR FUND 145 I, TITLE '-' ST. LUCIE COUNTY - BOARD ..." WARRANT LIST #21- 31-JAN-2004 TO 06-FEB-2004 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 11,018.45 11,018.45 PAGE 1 PAYROLL 0.00 0.00 02/06/04 F7ABWARR FUND 184 TITLE \w- ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #21- 31-JAN-2004 TO 06-FEB-2004 FUND SUMMARY- EROSION Erosion Control Operating Fund GRAND TOTAL: EXPENSES 1,321.57 1,321.57 PAGE 1 PAYROLL 0.00 0.00 '--' ..."" 02/06/04 ST. LUCIE COUNTY - BOARD PAGE 1 F7.ABWARR VOID LIST# 21- 31-JAN-2004 TO 06-FEB-2004 r0ND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00306238 I2404868 Fla Assn of Co Agricutural Age 100.00 I2404870 100.00 I2404872 100.00 .J CHECK TOTAL: 300.00 FUND TOTAL: 300.00 .. ~ 02/06/04 ST. LUCIE COUNTY - BOARD F"7.ABWARR - " ..." VOID LIST# 21- 31-JAN-2004 TO 06-FEB-2004 ruND: 001157- CSBG Grant FY04 CHECK INVOICE VENDOR 00307434 I2408004 Ft Pierce Utility Authority In FUND TOTAL:. TOTAL 306.00 306.00 PAGE 2 - - '-'-' .....J 02/06/04 ST. LUCIE COUNTY - BOARD PAGE 3 P?:ABWARR VOID LIST# 21- 31-JAN-2004 TO 06-FEB-2004 ruND: 107 - Fine & Forfeiture Fund CHECK INVOICE VENDOR TOTAL 00307493 12408270 Rushing, Wallace L 95.00 FUND TOTAL: 95.00 .. ----. - - .... -. -- '-" ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 3, 2004 Tape: 1-2 Convened: 7:00 p.m. Adjourned: 9:25 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Paul Phillips, Airport Director, Roger Shinn, Central Services Director, Don West, Public Works Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held January 27,2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONSIPRESENTATIONS The County Administrator read upcoming events and advised those present that a joint mceting between Ft. Piercc, Port St. Lucie and the County will be held on March 4, 2004 from 2:00 pm-5:00 pm. 3. GENERAL PUBLIC COMMENTS (1-1132) Mr. Bill Hammer, Reserve resident, addressed the Board regarding development and annexation. He asked the Board to vote in favor of invoking the conflict resolution. Mr. Bill Hearn, Indrio Road, questioned item C2C and asked if the finn doing the specifications would be bidding on the dredging itself. The County Administrator advised Mr. Hearn that they would not be bidding on the dredging. 'Ms. Alice Syndyk - PGA Village resident, addressed the Board and asked they invoke the conflict resolution. Ms. Janct Decring, Rcscrve resident, addressed the Board in favor of invoking the conflict resolution. Mr. Ed Vasco, PGA Village resident, addressed the Board in favor of the conflict resolution. Mr. Berry Moyer, PGA Village, advised the Board of his concurrence with the previous speakers. Mr. Robert Caron, 8500 Indrio Road resident, addressed the Board regarding the increased density in his area and disputed the figures previously given by staff. Mr. Charles Grande, Hutchinson Island President's Council, addressed the Board regarding the City of Ft. Pierce City Council meeting which he attended and stated there wcre many misunderstanding comments made. He asked the annexation issue be first on the agcnda at the schedulcd joint mccting. 1 y T~ .. '-'" -..tI . Ms. Susie Caron, 8500 Indrio Road, addressed the Board regarding Porto fino Shores and the increased density. Ms. Sandra Woodham addressed the Board in favor of invoking the conflict resolution. Mr. Gordon Case, Holiday Pines resident, expressed his disappointment on the decisionls the Board has made. Mr. James Stacker, student, addressed the Board in favor of invoking the resolution. Ms. Julie Orbin, Lakewood Park resident, addressed the Board regarding the availability of water in the area. Ms. Jean Hearn, Indrio Road resident, expressed her disappointment with the Board and stated she was embarrassed about the water situation. 4. CONSENT AGENDA(l-1278) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda to include the modification of item C-GA; and, upon roll call motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 20. 2. PUBLIC WORKS A. Permission to Advertise- The Board granted permission to advertise for proposals from qualified consulting firms to provide S1. Lucie County with general engineering services related to DredginglDisposal Site Design under the limitation of the S1. Lucie County Purchasing Manual and the Florida State Statute. B. Work Authorization No.1 with Taylor Engineering, Inc., for a Seagrass Survey at F1. Pierce Harbor- The Board approved the Work Authorization with Taylor Engineering Inc., in the amount of $14,997.00 for a seagrass survey at Ft. Pierce Harbor and authorized the Chairman to sign. C. Engineering Services Contract with Dredging & Marine Consultants, Inc., for preparation of bid specifications and documents for Taylor Creek Dredging- The Board approved waiving the RFP process for professional services, and approved the contract with DMC Engineers in the amount of $24,970.00 for preparation of bid specifications & documents for the Taylor Creek Dredging Projects and authorized the Chairman to sign. D. South Florida Water Management District- The Board approved the Grant contract with with SFWMD in the amount of $500,000 for Paradise Park Stormwater Improvements and authorized the Chairman to sign. 3. AIRPORT A. Budget Resolution for security coverage at St. Lucie County Tntèrnational Airport- The Board approved Budget Resolution No. 04- 35 for the Florida Department of Transportation Joint Participation Agreement $57,375 grant for security coverage at St. Lucie County International Airport. B. Accept grant for security coverage at S1. Lucie County International Airport- The Board approved accepting the FDOT Joint Participation 2 ~ "-" ..."" Agreement and authorized the Chainnan to execute the supplemental JP A and Resolution No. 04-49 authorizing the Chainnan to sign the agreement, and accept the FDOT $60,000.00 supplemental grant for security. C. Accept the grant for the Benefit/Cost Analysis for proposed parallel runway- The Board approved accepting the FDOT Joint Participation Agreement and authorized the Chainnan to execute the JP A and Resolution No. 04-50 authorizing the Chainnan to sign the agreement, and accept the FDOT $8,333.00 grant for security coverage at the St. Lucie County International Airport. D. Budget Amendment for the purpose of movable stairs- The Board approved budget amendment (Resolution No. 04-120) for $1,825.00 to purchase PNX-FISI06 movable stairs from Phoenix Metal Products, Inc., for safe access to storage area in maintenance building at St. Lucie County International Airport. E. Resolution No. 03-326 for Florida Dept. of Transportation Joint Participation Agreement funding for Airport Runway 14/32- The Board approved Budget Resolution No. 03-326. 4. COUNTY ATTORNEY A. White City drainage project- Canal D- Contract for Sale and Purchase of 15 ft. Right of Way on Citrus Avenue- The Board approved the Contract with Mr. & Mrs. Rowe, authorized the Chainnan to execute the agreement and directed staffto close the transaction authorized the Chainnan to execute Resolution 04-47 and Resolution No. 04-48 instruct staff to record the Resolutions in the Public Records of St. Lucie County, Florida. B. South 25th St. Roadway Widening- Midway Road to Edwards Road- Temporary Easement- The Board approved the Purchase Agreement with Mr. & Mrs. Jerry Davis in the amount of five hundred and eighty and no/ I 00 dollars as shown on the attached sketch and legal description, authorized the Chainnan to execute the Purchase Agreement and directed staff to close the transaction and record the documents in the Public Record of 8t. Lucie County, Florida. C. South 25th St. Roadway Widening- Midway Road to Edwards Road- Tcmporary Easement- The Board approved the Purchase Agreement with Mr. & Mrs, Dcnnis Possmnn in tho nmollnt of$5,175.00 liS shown on sketch and legal description and authorized the Chairman to execute the Purchase Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. South 25th St., Roadway Widening- Midway Road to Edwards Road- Pennanent and Temporary Construction Easements- The Board accepted the Pennanent Easement and Temporary Construction Easements, authorized the Chainnan to sign Resolution Nos. 04-51 and 04-52 and 04-53 and directed staff to record the document in the Public Records of St. Lucie County, Florida. E. Lennard Road Widening Project- FDOT Parcel No. 100 for Lennard Road Right of Way- The Board approved the 10' Utility Easement in favor of Florida Power and Light Company, authorized the Chainnan to execute the Easement and instructed staff to record the Easement in the Public Records of8t. Lucie County, Florida. 5. PARKS AND RECREATION 3 '-' """" Roof replacement at the Ft. Pierce Community Center- The Board approved the reprogram of the leftover $34,514.00 from the Recreation Division office improvement project to the Ft. Pierce Community Center to replace the roof. The Board approved advertising for bids for the roof replacement. 6. CENTRAL SERVICES A. Release of Retain age- TECO Energy Services, IIiC- The Board approved final payment of retain age in the amount of$267,263.60 to TECO Energy Services, Contract No. COI-09-590. B. Re-bid Wastewater Screening Facility at Rock Road Jail- The Board approved rejecting the two bids submitted and re-bid with modifications to the original design and specification. 7. COMMUNITY DEVELOPMENT A. Twisted Oak Estates Subdivision- Final Plat Review- The Board approved the Plat for the "Twisted Oaks Estates Subdivision" and authorized staff to complete final processing of this plat. B. Resolution No. 04-010- The Board approved the request of Frank Vega, for a Major Site Plan Approval to allow the construction of a 162,841 square foot truck storage and distribution facility and approved Resolution No. 04-010 subject to the conditions contained within the resolution. 8. INVESTMENT FOR THE FUTURE Re-allocation of budgeted funds- The Board approved the reallocation of funds from the Lakewood Park Library Maintenance Projects to the Courthouse Annex Maintenance Projects from the Investment for the Future Funds in the amount of$15,000.00. 9. GRANTS Request to submit two grants to the Florida Department of Community Affairs Emergency Management Grant Program- The Board authorized the Chairman to sign the transmittalletter/title page and staff to submit two grants to the Fla. Dept., of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team and for a Communications Vehicle. ,- . REGULAR AGENDA (11260) 5. NO PUBLIC HEARINGS 6. ADMINISTRATION Development of a Research/Education Park in St. Lucie County- Consider staff recommendation to allocate 30,000 from contingency to perform the appraisals and due diligence as the lìrst step in acquiring these properties. Staff is also recommending the Board allocate an amount not to exceed $20,000 from contingency to prepare a campus site plan. Staff also requested authorization to go out for Requests for Proposals to perform a needs assessment for the planned research park. Mr. Brian Scully, University of Florida, addressed the Board. Dr. Tim Gutwal, U.S.D.A. addressed the Board on this issue. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve staff recommendation; an,d, upon roll call, motion carried unanimously. 4 ~ ..., 7. COMMUNITY DEVELOPMENT (1-1829) Consider comments to a series of proposed amendments to the Port 8t. Lucie Comprehensive Plan Amendments- Consider staff recommendation that the County submit comments to the Dept. of Community Affairs and the City of Port 8t. Lucie. The Community Development Director addressed this issue. 8. Port 8t. Lucie Annexation Ordinance No. 04-04,04-08,04-09- Consider initiating Conflict Resolution proceedings pursuant to Chapter 164 Florida 8tatutes- Consider staff recommendation not to initiate the Conflict Resolution with the City of Port St. Lucie, however, request that the City provide the County the opportunity to be a full review and comment agency for any development proposal that may be filed on the properties associated with these annexations. The Community Development Director reviewed the following petitions: The Rich Rubin parcel The Lenar Parcel The Kenco Parcel An assessment of the three parcels was done by the Community Development Department and concluded that they are marginal at best in confonnance to annexation criteria. The Rich Rubin parcel is the one which seems to be consistent with state law. The other two are more problematic, the Lenar parcel is contiguous to the city of Port 8t. Lucie, in the southerly area, Kenco is contiguous to the LTC Ranch. These appear to be areas of concern since they seem to start the creation of enclaves and pockets. The County Attorney advised the Board that these are voluntary annexations and the city is not forcing the annexations on its own. These are property owners/developers who have requested on their own to annex into the city. The state provides the guidelines and the county does not have any authority to legislate on this issue. The County Attorney advised the Board that if the county decides to object, the staff would need to appear before the City Counsel and state our objections. Com. Lewis stated she would like to proceed with the objection since she felt the Lenar and the Kenco parcels attempt to create pockets. Com. Coward commcntcd on thc 12 amcndments. Hc statcd 10 ofthosc 12 havc no major objections. There are two however, which raise red flags. Com. Bruhn statcd hc concurred with the comments made and felt they needed to speak to the City about Lenar and Kenco. The COllnty Attorney adviscd the procedure in initiating the conflict resolution, however, he did advise them that there were no guarantees that this action would stop the city from proceeding forward. The County's objections would need to be entered into the record at the city's next meeting otherwise it would not go into court sessions. Com. Barnes stated these problems are the same problems high growth communities have faced. These problems will continue as long as land prices increase and the pressure is on for development. Ifwe challenge this, it will make some people happy, however, it may jeopardize ongoing relations with the city on other issues. Com. Coward commented on establishing a ')oint planning agreement". Com. Barnes stated it was a good idea, however, he does not believe any of the cities would come forth with such an agreement. 5 '-'" ...." The Community Dcvelopmcnt Director stnted they had dml1ed an agreement and sent thcm back and forth, howcvcr, they died for lack of response. Ms. Pam Hammcr, Reserve resident, addressed the Kenco parcel and the land use classi fication. The Community Development Director addressed Ms. Hammer's comments. Com. Coward stated that Kenco, under the county's land use would be allowed 124 units, under the land use amendment under the City of Port S1. Lucie, they would be permitted to build 1,265 units, 1000% increase. There are state laws that come with that voluntary annexation which deal with contiguity, compactness and preventing enclaves and other issues which need to be dealt with. Com. Hutchinson stated she has struggled with the decision pertaining to the conflict resolution. She stated the pressure needs to be put on by the public and the businesses to the cities to push for this joint planning agreement. Mr. Fred Thompson, Savanna Club, asked that the Rich Rubin parcel be included in the conflict resolution. Com. Lewis explained this parcel was not included due to the reduction in trips. Item 7- It was moved by Com. Coward, seconded by Com. Barnes to submit county comments to the DCA and the City of Port S1. Lucie with the supplemental language about a Joint Planning Agreement; and, upon roll call motion carried unanimously. Item 8- It was moved by Com. Hutchinson, seconded by Com. Bruhn, to enter into conflict resolution process with the City of Port S1. Lucie with regard to Ordinance No. 04-08 and 04-09 with a comment on 04-04; and, upon roll call, motion carried unanimously. 9. UTILITIES This item was pulled. ADDITIONS Tape 2 RA-] UTILITIES Staff recommends that the Board declare an emergency and approve extending the current contract with Astaldi Construction Corporation for he installation of water and wastewater transmission lines from the existing Holiday Pines water and wastewater plants. Installation includes Masteller & Moler, Inc., engineering, plans, design, permits, inspections, survey, as builts, and installation. Transmission lines will extend approximately 7 Y:z miles at a cost not to exceed $2,692,800. - Consider staff recommendation to declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. The County Administrator gave a history as to why we are where we are today. The County Administrator advised the Board of the following pertaining to Holiday Pines plant: Presently there are two wells, one is an operating well, the other is a redundancy well. They are planning to put in a third well as the redundancy well and then utilize the second well. To have this new well in operation will take about 4 months. The wastewater at Holiday Pines plant will be expanded on a temporary basis. They will be sighting a regional wastewater treatment plant facility, this will take about 3 years, afterwards the Holiday Pines plant will be placed off-line, it will not be there anymore. 6 .. '-" ...., The County Administrator advised the Board there will be a loan given with 2% interest and will be repaid by the developers and rate payers not the tax payers. It was moved by Corn. Hutchinson, seconded by Corn. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. RA-2. Work Authorization with Camp Dresser & McKee,Inc., for the site analysis of a future wastewater plant in St. Lucie County in the amount of$56,550. Consider staff recommendation to approve the Work Authorization. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 7 ~ \,.- .."., AGENDA REOUEST ITEM NO. ~ _ DATE: February 10, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-43 - Proclaiming February 16,2004 through February 22, 2004 as "ST. LUCIE COUNTY SURVEYORS WEEK" in St. Lucie County, Florida. BACKGROUND: Mr. Ron Harris, County Surveyor, received a request from the Local Chapter ofFSMS and the State Society to proclaim February 16, 2004, through February 22,2004 as St. Lucie County Surveyors Week in St. Lucie County, Florida. The attached Resolution No. 04-43 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-43 as drafted. [~, APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 o g sAnderson County Administrator COMMISSION ACTION: County Attorney: Jr" Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ ....", RESOLUTION NO. 04·43 A RESOLUTION PROCLAIMING FEBRUARY 16, 2004, THROUGH FEBRUARY 22, 2004, AS "ST. LUCIE COUNTY SURVEYORS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The surveyors are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States which have provided our citizens the enjoyment of property ownership. 2. George Washington and Thomas Jefferson, both former Presidents of the United States, served their fellow colonists as surveyors. 3. The citizens of Florida recognize the valuable contributions of the surveying profession to history, development, and quality of life in Florida and the United States of America, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. 4. The surveying profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence. 5. Surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights. 6. The continual advancements in instrumentation have required the surveyor not only ~ .., to be able to understand and implement the methods of the past, but also to learn and employ modern technology in finding solutions to meet the challenges of the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 16, 2004, through February 22, 2004, as "ST. LUCIE COUNTY SURVEYORS WEEK" in St. Lucie County, Florida. 2. This Board recognizes the many contributions and the ongoing dedication of surveyors to the citizens of St. Lucie County, the citizens of the State of Florida, and also the citizens of the United States. PASSED AND DULY ADOPTED this 10th day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY , ~ ~ ...,,; DIVISION OF ENGINEERING MEMORANDUM 04-003 TO: /' i..'.~ ... '-, ~:,.. :: :::~;:::::~::zø DATE: January 06, 2004 ; 10) ~_lt~.Œ J_. W~Tf ¡WI .. - 6 204 ,. ; , .-..-.._-----_.~--- /)L' IN'fY A'To""--'f "'.,' , 3 ! .......)¡ . FROM: SUBJECT: Florida Surveyors Week ProcJamation February 16-22 ._...-----._..~........,~-..... I have received a request from the local Chapter ofFSMS and the State society to pJace this item on the agenda. I would appreciate your help with this. Attached is a copy of the resolution that will be used through out the state. I have requested that Michael 0' Brien, President of the local Chapter of FSMS be in attendance to accept the procJamation. cc: Don West, P.E., Public Works Director Mike Powley, P.E., County Engineer File RESOLUTION Whereas, the surveyors are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States which have provided our citizens the enjoyment of property ownership; and Whereas, George Washington and Thomas Jefferson, bother former Presidents of the United States, served their fellow colonists as surveyors; and Whereas, the citizens of Florida recognize the valuable contributions of the surveying profession to history, development, and quality of life in Florida and the United States of America and make important decisions based on the knowledge and expertise of licensed surveyors and mappers; and Whereas, the surveying profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence; and Whereas, surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights; and Whereas, the continual advancements in instrumentation have required the surveyor not only to be able to understand and implement the methods of the past, but also to learn and employ modem technology in finding solutions to meet the challenges of the future. 2004 as NOW, THEREFORE BE IT RESOLVED that the of do hereby proclaim the week of February 16th through the 22nd, SURVEYORS WEEK and recognize the many contributions and the ongoing dedication of surveyors to the citizens of Florida and the United States. ~ ~ "\ AGENDA REOUEST ITEM NO. dß_ DATE: February 10,2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-34 - Proclaiming February 20, 2004, through February 28, 2004, as "Jazz Week/Main Squeeze Citrus Festival" in Fort Pierce, Florida. BACKGROUND: Mr. Darryl T. Bey, President ofthe Fort Pierce Jazz Society has requested that this Board proclaim February 20, 2004, through February 28,2004, as Jazz Week/Main Squeeze Citrus Festival in Fort Pierce, Florida. The attached Resolution No. 04-34 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-34 as drafted. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: y Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 ~ \,.t' "wII RESOLUTION NO. 04-34 A RESOLUTION PROCLAIMING FEBRUARY 20, 2004, THROUGH FEBRUARY 28, 2004, AS "JAZZ WEEK/MAIN SQUEEZE CITRUS FESTIVAL" IN FORT PIERCE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Jazz has achieved preeminence throughout the world as an indigenous American music and art form, bringing to St. Lucie County and the world a uniquely American musical synthesis and culture through African-American experience. 2. Jazz makes evident to the world an outstanding artistic model of individual expression and democratic cooperation within the creativity process, thus fulfilling the highest ideals and aspirations of our republic. 3. Jazz has evolved into a multifaceted art form which continues to give birth to, and to nurture new stylistic idioms and cultural fusions. 4. It is important for the youth of America to recognize and understand Jazz as a significant part of their culture and intellectual heritage. 5. Jazz Week 2004 will consist of educational workshops and master classes in area schools on all levels, lectures, concerts, and exhibits. The theme of Jazz Week 2004 will be "Jazz Week/Main Squeeze Citrus Festival". NOW, THEREFORE, BE IT RESOLVED by the Board of County "-' "wII Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 20, 2004, through February 28, 2004, as ~Jazz Week/Main Squeeze Citrus Festival" in Fort Pierce, Florida. 2. This Board does hereby urge the citizens of St. Lucie County to participate by celebrating the significance of this great musical tradition. PASSED AND DULY ADOPTED this 10th day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ?J-~ ~ ~ (1, ff t', "-Ór:x:c ~A 'D7v~ M I Phone: 561-460-5299 Cliff Barnes County Commissioner 2300 Virginia Avenue Fort Pierce, Florida 34947 December 23, 2003 Dear Mr. Barnes, The Fort Pierce Jazz Society is preparing for Jazz Week/Main Squeeze Citrus Festival 2004. As with this year we have compiled an impressive list of jazz programming and educational workshops that will be most entertaining and beneficial to our community especially our students. As previous~ was done last year, the Fort Pierce Jazz Society requests that you proclaim February 20 through the 28th Jazz Week/Main Squeeze Citrus Festival in Fort Pierce. The language used in last year's proclamation will be suitable for 2004. There will be a full week of exciting musical activities. On behalf of the Jazz Society, I would like to thank you and your staff for being most cooperative in your efforts in helping us celebrate the significance of this great musical tradition. ! JLr h1r,v.r. '¡'r..' ,,0<.11;(1 ),,:,;,; I ¡ j'.ì' ¡.;.~·(':'·i(·lJ. ~kY i:" ~~h Fort Pierce Jazz Society ¡It , ~' , .' t'" .P '''"'i t : .' . " "i"":~' +,;¡ . ~ ~ ~. co ;irc","'~ .:"~.' ;;;. þ.:;$",: ¡.' ,;.:..... " ~ ~ I. i. ; . ", ,. \r ~. 11"- '"1-; ~'i\ \4~-":' $"-,j ¡ ... ~,. -', , - , i' ~ 1< t" J ~ ,;.-"" !, < (i f \~~\:' < . -:,~" "~Jb,'.'. -' .'Í' '; .J' ~ ~ r . , , , ',¡~ ( , .4 . ~ D , ' . .; .. ~"" ~ - , , ( , :tl 'I' 1165 S US 1 PMB #12 Fort Pierce, FL 34950 - -. '- ...., AGENDA REQUEST ITEM NO. ;<ß DATE: February 10, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-34 - Proclaiming February 20, 2004, through February 28, 2004, as "Jazz Week/Main Squeeze Citrus Festival" in Fort Pierce, Florida. BACKGROUND: Mr. Darryl T. Bey, President of the Fort Pierce Jazz Society has requested that this Board proclaim February 20, 2004, through February 28,2004, as Jazz WeeklMain Squeeze Citrus Festival in Fort Pierce, Florida. The attached Resolution No. 04-34 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-34 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: y Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 --- '-, "- ...." RESOLUTION NO. 04-34 A RESOLUTION PROCLAIMING FEBRUARY 20, 2004, THROUGH FEBRUARY 28, 2004, AS "JAZZ WEEK/MAIN SQUEEZE CITRUS FESTIVAL" IN FORT PIERCE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Jazz has achieved preeminence throughout the world as an indigenous American music and art form, bringing to St. Lucie County and the world a uniquely American musical synthesis and culture through African-American experience. 2. Jazz makes evident to the world an outstanding artistic model of individual expression and democratic cooperation within the creativity process, thus fulfilling the highest ideals and aspirations of our republic. 3. Jazz has evolved into a multifaceted art form which continues to give birth to, and to nurture new stylistic idioms and cultural fusions. 4. It is important for the youth of America to recognize and understand Jazz as a significant part of their culture and intellectual heritage. 5. Jazz Week 2004 will consist of educational workshops and master classes in area schools on all levels, lectures, concerts, and exhibits. The theme of Jazz Week 2004 will be "Jazz Week/Main Squeeze Citrus Festival". NOW, THEREFORE, BE IT RESOLVED by the Board of County '-- ..." Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 20, 2004, through February 28, 2004, as "Jazz Week/Main Squeeze Citrus Festival" in Fort Pierce, Florida. 2. This Board does hereby urge the citizens of St. Lucie County to participate by celebrating the significance of this great musical tradition. PASSED AND DULY ADOPTED this loth day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY BÐCC C)O~A IJtMl M . ~ Cliff Barnes County Commissioner 2300 Virginia Avenue Fort Pierce, Florida 34947 k \,It (if (\ ~o J ~ ("5 December 23, 2003 i ì Dear Mr. Barnes, The Fort Pierce Jazz Society is preparing for Jazz WeeklMain Squeeze Citrus Festival 2004. As with this year we have compiled an impressive list of jazz programming and educational workshops that will be most entertaining and beneficial to our community especiallý our students. . As previous~ was done last year, the Fort Pierce Jazz Society requests that you proclaim February 20 through the 28th Jazz WeeklMain Squeeze Citrus Festival in Fort Pierce. The anguage used in ation will be suitable for 2004. There will be a full week of exciting musical activities. On behalf of the Jazz Society, I would like to thank you and your staff for being most cooperative in your efforts in helping us celebrate the significance of this great musical tradition. Sincerely, b /J~I Darryl T. Bey, resid t Fort Pierce Jazz Society ~: ~f~O~lI~ ~ , ( 'V' 1165 S US 1 PMB #12 Fort Pierce, FL~¡ 95WC 30 2003 U CO. ADMIN. OFFICE -- ..... .... . - ~ ...., J~ Judy Stunda Judy began working for the Library System in June 1988 - she was one of the first employees hired to work at the then new Lakewood Park Branch Library. Ms. Stunda has been involved with Children's Services ever since she began working for the Library System. Ms. Stunda was recently promoted to the position of Librarian at the Lakewood Park Branch Library. Judy conducts, on average, 4 programs per week or 16-20 per month for ages 3 - 12. She sees an average of600 children a month. Judy's after school program averages 25 children but often there will be 35 or more, and she features a different craft project each week. Judy engaged all of these children in creating wonderful homemade ornaments for the Library's Christmas tree. The children worked on the project all of November, she then held a tree trimming party where each child was allowed to hang his/her own ornament on the tree. Ms. Stunda, along with fellow Children's Services staff members, has presented a program at the regional Florida Library Youth Program workshop in 2003 and 2004. Ms. Stunda is well loved and respected by all of her children. Staff has overheard a grown man with children say, "Miss Judy, you're still here! I remember when you did the frog program and the burping bear story!" Most recently a former story hour child asked her grandmother to bring a paper version of herself to Miss Judy - have Miss Judy read a story and then have her grandmother take a picture so that she can hang it up in her room to always have Miss Judy reading to her. Judy is the proud mother of one son, one daughter and two grandsons. - -- ,.,... - - ~ 'wi HUMAN RESOURCES MEMORANDUM TO: Douglas Anderson County Administrator FROM: Patricia Clute Employee & labor Relations Manager~ DATE: January 26, 2004 SUBJECT: Em~ee of the Quarter On Friday, Jan. 23, 2004, a committee consisting of Carolyn Dill· Collier of Public Safety, Barbara Meinhardt of Engineering and Paul Hiott of Veterans Services, met to choose a winner for "Employee of the Quarter" (for the Ja&t.quarter of 2003). Fr /'{g. r Dc.- ""r I II./.(!)-V. Ò ~ <:::.- There were 13 employees nominated from various departments and the unanimous decision of the committee was Judy Stunda of the lakewood Park Library, With your approval, I will notify Ms. Stunda and arrange for the presentation at the next day meeting. Anderson, County Administrator PAC/mp FROM :LAKEWOOD PRRK ~CH LIBRARY FAX NO. :551 452 5874 Jan. ~004 02: 05PM P2 BOARD OF COUNTY COMMISSIONERS 1- 7 - /) if 'lJ'fJ.Þ ~pJJll~ DATE: Sepkmbe.-ll.2883 NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: JUDY STUNDA DEPARTMENTIDIVlSION: LIBRARYILAKEWOOD PARK BRANCH IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: Judy Smuda has been an employee wit.J1.tluiLakewood Park Branch Library since June 1988 - Ms. Stunda's role at this branch is to coordinate the programming efforts for the children of Ule surrounding community and to work jointly with other childr~ services staff members. MLhLctY recently performed "Who's on first" an Abbott and Costello routine. with fellow Children's Services staffmember Veronica Lacoparra. for the County Departmen.t HeaD meeting. Ms. Stunda was also one of five loc~l presenters at the State Florida Library Youth Pro~ workshop in Osceola COuntJ.'-L Ms. . Stunda was the first point of contact ftotLthe IIJdian River County Chil~ Librarian as she was aware of Ms. Stunqa's reputation for excellent c~ nIograms and activities. Ms. Stunda was the first staff member to incoq>orate the use of teen volunteers to help in her after-school programs and summer libræy program. Ms. Stunda is a creative. talented indivig!UÙ wlwJtas added~ to the Lakewood. Park Branch LibratY .. she hH.~ Quite a following of children from the many years of service to the librmy. Ms. Stunda is one Qfthe first to volunteer for special children' 5 programs and works vel)' well with local schools and~day care centers. Nominated by: Susan B. Kilmer/Library Director FROM :LAKEWOOD PARK ~CH LIBRARY FAX NO. :561 462 6874 Jan'..J2004 02:06PM P3 BOARD OF COUNTY COMMISSIONERS J /- 7'-IJ'I ~~ DAT.E_ NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: JUD~Â- DEP ARTMENTIDIVISION :.L.ibrary/La)(ewoodl~a~k ' IS HEREBY NOMINA TED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: Judy Stunda deseJ:J1'es this recognition and.JJonor. She has been a County Library emplDyee for 15 years andJs a ~ creative Children's Librarian. She desilDl fascinatin~rams complete with personal artwork. Ms. Stunda works wi~-sehool chiJdren individually by ~hal~them with tasks an4..Jmüects. She is currentl)': involved in arra~bo.meW'ork...b$ers" fnrjhe library. She also finds time to assist in other library dJlties. I hearti.Œ n e hi· nd for b· r SIGNA~~~~1fOR rORMS/empqtr FROM :LAKEWOOD PARK~CH LIBRARY FAX NO. :561 4626874 Jan. ....J2004 02: 06PI1 P4 BOARD OF COUNTY COMMISSIONERS ~".¡.",;f DATE: fI'N NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: Ju~nda DEPARTMENT/DIVISION: Library.. Lakewood Park IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: Judy Stunda is a very dedicated and caring children's Librarian. All the children love her dearly. She goes above and beyond to make the children's programs extra special and interesting to all. She is always very helpful to all library patrons. She is a huge asset to the Lakewood Park Branch Library, and we are very lucky to have her. <Jt'l¿Jð~ ~ SIGNATU OF NOMINATOR ..---_. --. .. -. - - - -- --- ...~ ~-- - - - ----------~ - --~- - FROM :LAKEWOOD PARK ~CH LIBRARY FAX NO. :561 462 6874 Jan. ~004 02:07PM P5 BOARD OF COUNTY COMMISSIONERS //7/0 Lf tyi)jf ~J DATE: 9/8/1OM- j1.Q!;¡ NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: Judy Stunda . DEPARTMENT/DIVISION:-..Library - LaJ<ewood Park IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: Judy Stunda is a caring and helpful children's librarian. She goes out of her way to help children and parents with all their needs for school. She has a special shelf to help home schooling families. She also has an outstanding children's program that is well attended and enjoyed by all. ~ SIGNATURE OF NOMINATOR - -~', ~ ... FROM :LAKEWOOD PARK~CH LIBRARY FAX NO. :561 4626874 Jan. """,2004 02: 07PM P6 BOARD OF COUNTY COMMISSIONERS 1/-;10'1 -yØ~ -DATE :-9f8/2QOJ NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: Jq~a DEPARTMENTIDIVISION:--.Library - LakewQo~ark IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: , . . S ~<~ 9(~ SIG AT RE OF NOMINATOR ---' ~ f-''CII"",C,,,VC_. " ....,_...... ........-.-....., ,..~ ..... ------ ......... ..-....... ..--...............-....." . -::::J'-' . FROM :LAKEWOOD PARK~CH LIBRARY FAX NO. :561 462 6874 J an. ""'2004 02: 07PM P7 BOARD OF COUNTY COMMISSIONERS NOMINATION FOR EMæLOYEEOFTHEQUARTER NAME: Ju.dy $fundo.- DEPARTMENTIDIVISION: Laktwood Park 6ranch L,' brary IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: J!1u fI},,' W-Y1 have.. {Jttl'nd~d. Ju.dy'oS rh," drtn >I:i' Pll~ram tot" v . $lv-pra.J tjMr.ç t'1"d hqve alwap ~I1JQYfd l1~r o.c1'II¡,fies. 5h!.. has al 'vQ'js J.¿~(J w í 1/; nJ -fo p ~ r farm c.IJmrY1I..If? dy (J u-/ rl'a c.h . -mr nur loa:JJ t!¥JU rrl1 nnd },Q'i hn<.,¡,d .st.v~raJ.. pl'ð?ra~ fuc. ou'- ~ A9 ~ L /ocaJ homöchoo suppor+ 9 roup. 4A,uJ.J . f'~ She ;:5 an asse-l +c cu."" SIGNATURE OF NOMINATOR cornmuru".fy ð"d W~ o.pp~t!cjo.k. . !,er hard /AJor/< at'ld dedica.:h Of'). ·.""".........-.. ....-- . . . ..,... - . _. .-. ~ FROM :LAKEWOOD PARK~NCH LIBRARY FAX NO. :561 462 6874 J an. """ 2004 02: 07PM P8 BOARD OF COUNTY COMMISSIONERS 1/7 )lJ'¡1'/ . DATE: ~9 J9!f) 1 NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: Judy SffJ/Jdr¡ DEPARTMENTIDIVISION: La.feev,,¡pq;j/ L'bfttfY IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: j.b J udý L ð v~'S A,;! and,;" 5 ¡'IJ~. S'lte J,ø f.te {J4,.rIJN,I,'.¡.y T' "'¡If' I)(".'¡'" a 1/ ð-P r"~ (!..h,l4,t". The ~1t,·IJþ.4" Ill( t..flQ..J,~" ti¥D. £"1'",/1-/#,I, :5h~ '18'1-.s , NIUI (!tllff.s ,~ ~Ar/'I(M'( ';" At1,e.-.s~e. eo"".s Wl.lliittf.." ~qll""- hat- .",. oed. ¡"i,WlIJ ¡or ""'((4" ~ l1~,t J,~~ If ~c. CIt,lrI;-#A.f J..i.IJnlt...'tI(l'1 ~~~ GNATÚRE OF NOMINATOR FROM : LAKEWOOD PARK \.,MCH LIBRARY FAX NO. :561 462 6874 J an. ....",/2004 02: 08PM P9 BOARD OF COUNTY COMMISSIONERS ~ 1/71oi rrfðtl· . Dð..TE; C}/7/M- ... . NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: }\ V\'-, :.).~\'""'~'. ...) DEP ARTMENT /DIVISION :--.l- \.~,? L- \\)I'(~ n~ .J IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: Q ,-, ,-, \~"^-.... ~ (J.. ~ ~ SIGNATURE OF NOMINATOR FROM :LAKEWOOD PARK~ JNCH LIBRARY ~. FAX NO. :561 462 6874 Jan. ~2004 02:08PM P10 BOARD OF coUNTY COMMISSIONERS //7Þi~ PATE; '7Ä~ -? . NOMINATION FOR EMœLOYEE OF THE QUARTER NAME: ~)JiL ~l)f\A(',\ DEPARTMENTIDIVISION:L'\ \îrC\f'~~ ¡)Jocl ~\íi\ IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: 0ù~'( s.\-,\.àt>. ì-::> WQI:1Af'rt\ W"~iJ. ',\- tbf!\"~ ~ob<:\pi\15 9-~, \~~ v1 &. 61l c"Sc ~ "11 ~ r \'~ c~ tCAV'rI <;. ~ l...I(,\Q~ ? ..{I\ 'r-,... " ~\~ \:- __ D!- \j0~ foC\.oc::\,. r~ \" ~ \,,,,'- '" N"c.. ! ¡ h < '" M í S ~ 0",~ t D'"'"v' \-0 "'^' <.. } ~'" ,~k'\ð.d -\-',;0 -<.. ~. hflÞ ~d ~ k "f::':IÓ~ w 'rll o..lVCli~ rre.~~r m{,,' J~l-~ ~o{ -\4 ~w'~ ShA'_ ~ot='.5~ SIGNATUREQFN .~ FROM :LAKEWOOD PARK~~NCH LIBRARY ~. FAX NO. :561 462 6874 Jan. ~2004 02:08PM Pii BOARD OF COUNTY COMMISSIONERS DATE: /- 7-0'1 ~ ·9 )1-,-:·3-N~ NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: J c( cd c_1 Ç'TV It cL~· DEP ARTMENT /DIVISION: /., h I2tl /J..¡ IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: , u_ , 1'< 16- Ci1l'1 U"'-AV; ;:.; < -, ,;". . «-d.. (' ¡ < :;>-';$_ h "'.R. .s IJ:: I) {11 Y fi! t!.<!-£ »r m, (Ý-d-r> ,:,<- ... ,i 6'7"" £ d - ;- ( ~' I .P /. h ' I ._L/./ . \ ~I/ Ie;.? Qltib ¿'-~---I/"/~ ¿¡,,"ei Ô-(. T//~ ~"'.s.--'. / r)}, (/ ~~)c.F_ SIGNATURE OF NOMINATOR FAX NO. :561 462 6874 Jan 2004 02:08PM P12 Pa e 2 -~._-_........-. '---. ......--..............- BOARD OF COUNTY COMMISSIONERS /- 7-0'/ . , btJ) DA TE: -9~ 9~~..3 1_ NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: ~ Ì)ý Srv"'/lJ19 I DEPARTMENT/DIVISION: L'/.ß~,tJ~v / IS HEREBY NOMINATED FOR THE EMPLOYEE OF ~:~::::::::=:~; Alh#~,JL ~:;.~~~ ~~. ~/~.¥.: Á4 :::a ,)C2.~ a.-.b ~ ~ ..~,.~. /~ ~. . SIGNATURE OF NOMINATOR aa ~ ~/l"Y-~.z; ~ ~. 84.7 ~tf£,ltp/«t.d4~ ~~~~. ~ ~ ....~7?.z;./e/.H-..4'ø.I ~ ð!tfJ..·~ µ ~r ~~ ~ . ~ ~~ ~ FROM :LAKEWOOD PAR~~NCH LIBRARY FAX NO. :561 462 6874 Jan....,,¡ 2004 02: 09PM P13 BOARD OF COUNTY COMMISSIONERS . 1- 7-0tJ rrfÐtl~ .c' / rt) è HeALW" DATE: j / (3 NOMINATION FOR EMPLOYEE OF TIlE QUARTER . NAME: ·J\.jI0\/ Si-U()C)Cl ( DEPARTMENT/DIVISION: l-oY-)c:-~?\ l.L' ,b . IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: ~.C\\I \\;C)('YB 'y'e..\-~y L0EJ l \,,0 \ t\J \\ )~. (' J \i \d~'er~ oj ~_,)ê ~' Q '. ,,---D'Clf' r-'~\ G \ '"Ç)€.C'1:'-<)("'"'j 0CLt () t---c:~ ('(-l l I j( "k") Y\-ç-~ t ") .. ~lJ1O.~0~¡) - SIGNATURE OF NOMINATOR roRH8/~mpqt~ ~ -..J ""'" AGENDA REQUEST ITEM NO. ~ £' DATE: February 10, 2004 REGULAR [X] ADDITIONS PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-58 - Proclaiming February 12, 2004, as "STEP UP FLORIDA DAY" in St. Lucie County, Florida. BACKGROUND: Ms. Helga Snure, Health Education Director of the St. Lucie County Health Department has requested that this Board proclaim February 12, 2004 as Step Up Florida Day in St. Lucie County, Florida. The attached ResoJution No. 04-58 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-58 as drafted. COMMISSION ACTION: NCE: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou erson County Administrator County Attorney: fr Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ ....., RESOLUTION NO. 04-58 A RESOLUTION PROCLAIMING FEBRUARY 12, 2004, AS "STEP UP FLORIDA DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. A healthy and productive community is essential to St. Lucie County's ability to successfully promote and protect the health and safety of all its citizens. 2. An unhealthy lifestyle by St. Lucie County citizens can erode our most important asset - our community. 3. The age adjusted death rate for death by coronary artery disease per 100,000 population in St. Lucie County is 165.5, which is higher than the statewide rate of 157.9 and the St. Lucie County age adjusted death rate for stroke is 33.6 deaths per 100,000 population. 4. The age adjusted death rate for diabetes is 21.3 deaths per 100,000 population, which is higher than the statewide average. 5. The per cent of the adult population in St. Lucie County that is obese is 21.9%, which is higher than the state average and much higher than the Healthy People 2010 goal of 15%. 6. Citizens who are engaged in health promoting habits are less likely to develop the chronic conditions of coronary heart disease, stroke, cancer, chronic obstructive lung disease, and diabetes, which account for 68.9% of all causes of death in St. Lucie County in 2002. 7. Much of the chronic disease burden in St. Lucie County is preventable. Effective measures exist today to substantially curtail the illnesses, disabilities, and unnecessary or early deaths caused by these diseases. '-" 'WI , 8. The implementation of a community wellness event can benefit residents and visitors by improving their physical health and morale; and can serve to promote the various opportunities to engage in physical activities available to residents and visitors to St. Lucie County, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 12, 2004, as "STEP UP FLORIDA DAY" in St. Lucie County, Florida. 2. This Board does hereby encourage all residents and visitors to set goals to improve their personal health and wellness and support the launch of Step Up, Florida! to motivate all residents and visitors to make healthy choices and strive for healthy lifestyles in St. Lucie County. PASSED AND DULY ADOPTED this 10th day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ""'" ~ o +'" CO C .- co"'C "'CL.. .- 0 L.. 0 .20 LL+", c.CI) :J > c.w Soð en en CI) +'" :s o ~ õ - ïi 10 (.) 10 " .¡: o u: ( ) ~ - - 10 '" - c: N ~ U "- 10 :E c: o ( ) ( ) VI VI 10 ~ 10 iii .... c: ( ) - 10 c: 'Ë :; u o ~ , 0/1' ~ I), . .. ( ) - :J o "- VI >- ( ) ~ c: o .. 10 U "- :J .... ~ >- - c: :J o ( ) (.) ( ) ( ) 10 ::: :¡: .¡¡¡ c: 10 VI :J o~ca_ C:ca~o "51=10> ( ) 10 = 0 .c....ca_ - 0 .... >- -...0...., ~ ~~ g .!~8u g ~ :J:.~ ~.¡:;~ ( )~D.(.) .... u.. . . ~ . .... a; - :J o 0: '-' ...., County-by-County Event Schedule ~ Route 1 Route 2 Route 3 Day 1 February 2) Key Largo/ to Miami/Dade Day 2 February 3) Miami/Dade Collier Day3 February 4) Miami/Dade Collier Day 4 February 5) Broward Lee Day 5 February 6) Palm Beach Charlotte Day 6 February 9) Palm Beach Sarasota Day 7 February 10) Palm Beach Manatee Day8 February 11 ) Martin Hillsborough Day 9 February 12) St. Lucie Polk Day 10 (February 13 Indian River Osceola Day 11 February 16) Brevard Orange Escambia** Day 12 (February 17 Brevard Seminole Santa Rosa Day 13 (February 18 Volusia Volusia* - Santa Rosa Day 14 ( February 19 Volusia Okaloosa Day 15 ( February 20 FlaQler Okaloosa Day 16 February 21 St. Johns Walton Day 17 February 23 Putnam Walton Day 18 February 24 Alachua Bay Day 19 February 25 Gilchrist Bay Day 20 February 26 Lafayette Gulf Day 21 February 27 Taylor Franklin Day 22 February 28) Taylor Franklin Day 23 (March 1) Jefferson Wakulla Day 24 (March 2) Leon Leon * Route 2 merges with Route 1 for the remainder of the event. ** Route 3 begins. Bold Denotes counties for potential statewide media. r , Step Up FloI~! On our way to healthy living ~'~ -"""...".-.'.......-.......... . ¡¡;~'... _ ~iF~"" About Us Diseases & Conditions Environmental Health Epidemiology HIPAA Laboratory Services Nursing Health Statistics Birth and Death Certificates _...."."............. " '"r ."......... ;""'''',,'- .~ Drugs. Devices & Cosmetics MQA Online Services Licensure & Certification of Health Professionals Permitting _....~.'.-......'.........,......... '><:': ':',' ;'.!.::,,:., :,,,¡.,,.;._, Brain & Spinal Cord Injury Emergency Medical Services Emergency Operations. Abstinence Birth Defects Registry Child Care Food Program Childrens Medical Services Immunization Services Child and Adolescent _ Health Maternal & Child Health School Health Women. Infants. & Children (WlC) _. _,.'-r.. .. t;;,.::,--,::, Biomedical Research Florida Clean Indoor Air Act Health Awareness & Tobacco Tobacco Prevention & Control .~ Page 1 of 2 ...to promote and protect the health and safety of all FlorIdians. Florida's health I-subject List- !if fAM",.!;I~~""~~¡!f~-û~~t;.ld,t~~'i;.f THE FLORIDA DEPARTMENT OF HEALTH drectorv I contact us 14111 newsletters I Search I new user Step Up Floridal On our way to healthy living Statewide Public Health Walk Concept Paper 1itle Step Up Florida! On our way to healthy living Purpose/Mission To emphasize the burden of obesity in Florida by promoting a healthy and physically active lifestyle as well as to promote the various physical activity opportunities available to citizens and visitors throughout Florida. 1imeline Begin on or around February 1 2004 to culminate opening day of the Florida Legislative session on March 2, 2004. Media The walk will align with the major media markets in Florida to maximize awareness opportunities. Local dignitaries and celebrities will participate in planned media events that coincide with Step Up, Florida's movement through the specific county. Partners In order to implement a statewide, physical activity events in multiple counties numerous partners will be required for a successful and safe event. These include: · Local law enforcement and medical personnel to assist with providing a safe and healthy environment · American Heart Association, to collaborate and promote cardiovascular benefits of exercise during National Heart Month · Other community volunteer organizations to promote healthy living linkages in counties ! · Department of Transportation to promote Bike Ways and Trails Programs · FLAlUSA to promote healthy Florida tourism opportunities · Department of Community Affairs to promote ·Walkable Communities· and Front Porch Communities · Department of Environmental Protection to promote Florida's state and national parks, forests and preserves Participants Volunteers from within each county to include local dignitaries, local celebrities, county health department personnel, school personnel, government employees, local business representatives, civic and community members, etc. .http://www.doh.state.fl.us/family/chronicdisease/concept.. 1/22/2004 Step Up Flo~! On our way to healthy living .~ Page 2 of 2 Route Three routes Ifj!will begin on separate dates but will culminate in Tallahassee on March 2 at the Florida Capitol. · Florida Keys to Tallahassee · Pensacola to Tallahassee · Collier County to yolusia County (bifurcation of Keys route) Physical Activities Will include walking, biking, hiking, swimming, kayaking, canoeing, and other community-specific activities will be encouraged. Special Populations A special focus will be encouraged to ensure support of persons with disabilities and other special needs to highlight physical activity for all persons of all capabilities, ages, incomes, etc. CHD Networking CHDs will be asked to coordinate this event through their county. This includes determining the specific route, which physical activity arenas to promote, coordinating volunteers, incentives, resources, and medical and safety personnel, as well as assisting in the local media promotion. Copyright© 2000-2003 State Of Florida Privacy Statement * Disclaimer r http://www.doh.state.fl.us/family/chronicdisease/concept... 1/22/2004 Bureau of ChroniVsease Prevention ...." Page 1 0[2 SkiP left hand navigation and go to main body of page. ~.". feñfjl·ê~"ê_17·;::·.:): :..~__,J.......j~~_",,,,,-,,,_ , _ .':~t'4Ó;",,~";/-~', ' About Us Ql~as_~s & Conditions Environmental Health EpidemioloQY HIPAA bªboratory Services Nursinq ;4Rè 11:".,,,"'......... \Œ~1 Health Statistics Birth and Death Certificates ~. .·LiœíïSè$'f2,lfÞë""'''''itS:~,77. "0 "","'-,..~.'_',.,< . ......,"'·,_""".\,,~A~~(D). -' ..., :.- Drugs. D~vices & Ç9.sJDeljç~ MQA Online Services Llç~!lsW_~. & CertificatiQJJ. 9Lttea I thJ: rof.m>_~lºn al~ Permitting [~merg!.Ï'j§~!ti~íFr' . I3LaIru~J:;pl@1 Cord 101 u ry Emerqency Medical ~_~[Vices ¡:rn~rgency_ºp-ªIªtion ~ iMóthe &Cfhncf' ~. ,.".. Aþ.?tirl.8n_çJ~ Birth Defects ReQistry Child Care Food Er:Qgram Child [en.?}¿L~dlçj;11 Services Immunization Services Child and Adolescent tle.aJth Maternal & Child Health ~chool Health Womem.lf1fantsL~. Children (WIC) Inm:ib~'~'"''''''''''';J''' ^ . ...>-_.~.·.·..-u., ,0 a·.. :""""è;,';bY'" ~....._ --',..,, _. . ," 0' ,~.-...~_.,,;.,.>. Biomedical Research Florida Clean Indoor Air Act H~.ª]tb 1\-'Nªreness & Tobacco IQþ-ªçco Prevention & CQo.trQI ...to promote and protect the health and safety of all Floridiãns. Florida's health zm:;ti~~.;¡-~~..;,.~ THE FLORIDA DEPARTMENT OF HEALTH -Subject List- director.' I c.:~::ct us I ill I newsletters I &:arch I new U_~E!r Bureau of Chronic Disease Prevention ;. Chronic Disease Definition Chronic diseases have a long course of illness. Tney rarely resolve spontaneously and they are generally not cured by medication or prevented by vaccine. Chronic . diseases - such as heart disease, cancer, and diabetes - account for 7 of every 10 deaths and affect the quality of life of 90 million Americans. Chronic disabling conditions cause major limitations in activity for more than 1 of every 10 Americans or 25 million people. Although chronic diseases are among the most common and costly health problems, they are also among the, most preventable. Adopting healthy behaviors such as eating nutritious foods, being physically active, and avoiding tobacco use can prevent or control the devastating effects of these diseases. Overview of the Bureau of Chronic Disease Prevention Chronic diseases such as heart disease, cancer, and diabetes are among the most prevalent, costly, and preventable of all health problems. In Florida in 2002, almost one of every three deaths was due to heart disease, and almost one of every four deaths was due to cancer. However, consideration of deaths alone severely understates the burden of chronic disease. The prolonged course of illness and disability from chronic diseases such as heart disease, stroke, diabetes. and arthritis results in extended pain and suffering as well as in decreased quality of life for thousands of Floridians. Our state cannot reduce its enormous hea:th care costs, much less its priority health problems, without addressing the prevention of chronic disease in a fundamentally more aggressive manner. Established in March 1998, the Bureau of Chronic Disease Prevention has expanded its capacity to provide a comprehensive approach to preventing, detecting, and reducing complications of chronic diseases in Florida. Tne bureau currently houses the following programs: Heart Disease and Stroke Prevention, Chronic Disease Health Promotion and Education, Obesity Prevention, Diabetes Prevention and Control, Comprehensive Cancer Control, Arthritis Prevention and Education, Epilepsy, and Coordinated School Health. The bureau rece1ves funding from a variety of federal and state sources, including the Preventive Health and , Health Services Block Grant, the Centers for Disease Control and Prevention, state trust funds, and general revenue. The Bureau of Chronic Disease Prevention strives to be a leader in developing a unified statewide system to prevent, detect, and reduce complications of chronic diseases. Toward that end, the bureau collaborates with public, private, and voluntary organizations; establishes and participates in councils and partnerships; and obtains funding for planning and program development. The bureau is responsible for assessing the status of chronic diseases in the state and the adequacy of resources available for prevention, health promotion, and education. The bureau develops policies and recommends and reviews legislation. The . various programs within the bureau provide education and technical assistance, conduct monitoring of funded programs, and participate in the county health department quality improvement review process. Links to Program Web Pages http://www.doh.state.fl.us/family/chronicdisease/index.html 1/21/2004 Bureau of Chroni~ease Prevention Page 2 of2 """ Under each program area, you will find related reports, data, conferences, -events, educational materials, and much more. · Arthritis Prevention and Education pr~ram · Coordinated School Health Program . · Diabetes Prevention and Control Program · Epilepsy Services Proqram · Heart Disease and Stroke Prevention Proqram · Obesity Prevention Program o Governor;g Obesity Task Force · Physical Activity Promotion Program · Step UP Florida: on our way to healthy livinQ ;, Other Health-Related Web Sites · Data Web Sites .. General Chronic Disease Web Sites · Disease-Specific Web Sites · Grant Writing Resources Bureau Contacts Copyright© 2000-2003 State Of Florida Privacy Statement * Disclaimer r httD://www.doh.state.fl.us/family/chronicdisease/index.html 1/21/2004 CHARTS Generated\.,port Page 1 of 1 ....." County Death Data Comparison for 2002 Year:2002 Death Indicators Saint Lucie Martini Indian Riverl Okeechobeel STATE Size I Population of County 205,3961 132,009\ 118,8841 36,7151 16,772,201 Deaths from All Causes 2,3061 1.5941 1,575\ 4141 167,702 Age Adjusted Death Rate Per 100,000 744.51 631.71 6761 914.91 743.7 Total Deaths Under 65 533\ 2801 2651 1401 39,543 Percent of Deaths Under 65 23.1\ 17.6\ 16.81 33.81 23.6 Infant Deaths ,- 181 121 61 31 1,548 Infant Mortality Rate Per 1,000 live Births 7.9\ 101 5.71 5.5\ 7.5 HIV/AIDS Deaths 391 6\ 8\ 6\ 1,714 HIV/AIDS Age Adjusted Death Rate 19.31 5.31 6.81 17.51 10.4 Pneumonia/Influenza Deaths 341 171 17\ 161 3,271 Pneumonia/Influenza Age Adjusted Death Rate 101 6.21 6\ 351 13.7 Cancer Deaths 5681 4301 .4171 103\ 38,928 Cancer Age Adjusted Death Rate 1701 173\ 181 .9\ 220.71 173 Chronic Liver Disease and Cirrhosis Deaths 311 131 211 41 2,146 Chronic Liver Disease and Cirrhosis Age Adjusted\ 13.3\ 5.8\ 12.7\ 10.2\ 10.9 Death Rate Chronic Obstructive Pulmonary Disease Deaths I 128\ 921 78\ 271 9,045 Chronic Obst. Pulmonary Disease Age Adjusted I 36.6\ 32.3\ 29\ 52:1\ 37.9 Death Rate Diabetes Deaths I 731 381 25\ 12\ 4,574 Diabetes Age Adjusted Death Rate I 21.31 13.91 9.71 23.3\ 20.1 Heart Disease Deaths I 713\ 4781 467\ 1171 49,062 Heart Disease Age Adjusted Death Rate 214.11 164.5\ 181.8\ 252.71 207.3 Stroke Deaths ·107\ 1271 154\ 21\ 10,243 Stroke Age Adjusted Death Rate 33.61 42.61 56.11 43.61 42.7 Homicide Deaths 15\ 71 6\ 2\ 1,004 Homicide Age Adjusted Death Rate 9.31 5.31 6.71 4.51 6.3 Suicide Deaths 271 251 16\ 81 2,332 Suicide Age Adjusted Death Rate 12.51 18.21 8.41 201 13.2 Unintentional Injuries Deaths 130\ 58\ 801 321 7,361 Unintentional Injuries Age Adjusted Death Rate 62\ 431 55.91 85.21 41 Motor Vehicle Crash Deaths I 601 221 231 191 3,179 Motor Vehicle Crash Age Adjusted Death Rate I 301 181 191 54.3\ 18.6 Data for 1999 and subsequent years are not fully comparable to data from 1998 and prior years, due to changes in coding of causes of deaths resulting from the switch from the ninth revision of the International Classification of Diseases (ICD9) to the tenth revision (ICD10). Source: Florida Department of Health, Office of Planning, Evaluation and Data Analysis, 850-245-4009 :- http://www.floridacharts.comlchartslDisPlaYHTML.aSpx?Sid=kjC5finSspxmo2gUaeb25frif7&Rep...1/27/2004 \w ..., ,; J, ·'.;1 _.'.·...·.·.'..1.· _~:o.'j 011 OMr 'WVayto_....eø Itltyl ivil19ì~ ,,:,.,.J -·",,·1 ,yo,-! ..::,..,...........'-.~..... . ,-~~:<:-":'.-' ~~~'Wf~~~~~{··'!·:~]yt.!~y~~i~~!~~··J.~L?,;,:~.j0:,~" f:; ",',i:",'::': " . -....-', ~~ ", ~ , .'.,. H ,- - "-""--- ,l '. . ~ . 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'i - :J .l:I 1/1 $ I'CI 'C 4/ - E ~ I'CI t: a. :J 4/ 4/0 1/1 4/ U t: 4/ !2 _I'CI o 4/ v, II) .E :z ~ :J tnl'Cll'Clõ 4/'¡:¡ij> .l:I=I-O 'i~.s; 1/1 0 1/1 t: 4/->-:J _ I'CI 4/ 0 :Jõ~u e u I'CI ... 4/m:E~ 1!!;.2~ .r:.Q.LLU .... . . . å) - :J o 0:: '-' ....., Welcome to Step up Florida ,;, Step up Florida is a non-competitive 'þhysical activity event with one goal-to increase physical activity among Florida citizens and to promote the myriad of physical activity opportunities in Florida. In addition, Step up Florida presents an occasion for families and the general public to celebrat~ activity and create lasting community efforts. Everyone knows regular exerci~e 9[eatly improves health, but getting started is not easy. Step up Florida is an event that persuades and motivates people of all ages to make that most important change... to get started with physical activity. It is an event that is simple, inexpensive, and safe. All you need is a team of people and a desire to get moving. Step up Florida is a point-to-point event, which is taking place within 34 counties in Florida. Three routes will begin on separate dates but will culminate in Tallahassee on March 2, 2004, at the Florida Capitol. Physical activities being used to complete this journey include walking, jogging, biking, hiking, swimming. kayaking, canoeing, roller-blading, and many more. Each of the county health departments will determine the specific route and organize their communities to go the distance of each of these areas. The beauty of Step up Florida is that each county can use their creativity to implement it any way it likes as long as the next county is met by the previous so that the event may conclude in Tallahassee. /" Dust off your exercise shoes and get ready to... Step up Florida! http://interdev/family/chronicdisease/walkjndex.html 1 '-' """ Health Effects of Poor Nutrition and lack of Physical Activity . Diabetes Diabetes is the sixth leading cause of death among Floridians (2002). Nearly 1 ,000,000 adults have been diagnosed with Diabetes in Florida. .;. Diabetes is associated with increased risk for: · Cardiovascular Disease · Stroke · Hypertension (high blood pressure) · Blindness · Kidney disease · Amputation Overweight & Obesity Overweight and obesity are known risk factors for: · Diabetes · Heart disease · Stroke · Hypertension · Gallbladder disease · Osteoarthritis (degeneration of cartilage and bone of joints) · Sleep apnea and other breathing problems · Some forms of cancer (uterine, breast, colorectal, kidney, and gallbladder) Obesity is also associated with: · High blood cholesterol · Complications of pregnancy · Stress incontinence (urine leakage caused by weak pelvic-floor muscles) · Psychological disorders such as depression · Increased surgical risk Cardi.9vascular Disease Poor nutrition and lack of physical activity can increase your risk of developing: · Cardiovascular Diseases · Hypertension (high blood pressure) · Stroke · Chronic Obstructive Pulmonary Disease and Lung Function Arthritis Poor nutrition and lack of physical activity can increase the risk of: · Becoming overweight or obese which can result in making the symptoms of Osteoarthritis more severe · Decreased quality of life due to poor range of motion or flexibility 2 '- ""'" Cancer Intake of high fat foods and poor fruit and vegetable consumption is associated with increased risk for the following cancers: · Lung and bronchial · Breast and prostrate · Colon and rectal · Stomach, esophageal, oral cavity and bladder ;, Lack of Physical Activity i~ associated with: · Weight gain and increased body fat · Increase risk of dying from coronary heart disease, 'stroke and hypertension · Increase risk of developing diabetes · Increase risk of developing some cancers · Decreased bone density, muscle mass, and painful joints. · May increase symptoms of anxiety and depression Benefits of Exercise Health Benefi~s of Exercise and Physical Activity: · Reduce the risk of premature death · Reduce the risk of developing and/or dying from heart disease · Reduce high blood pressure or the risk of developing high blood pressure · Reduce high cholesterol or the 'risk of developing high cholesterol · Reduce the risk of developing colon cancer and breast cancer · Reduce the risk of developing diabetes · /"Reduce or maintain body weight or body fat · Build and maintain healthy muscles, bones, and joints · Reduce depression and anxiety · Improve psychological well-being · Enhanced work, recreation, and sport performance 3 '-' '...,/ Step up Florida Benefits Step up Florida is fun: People like to attend such events and be involved in a meaningful community event. Step up Florida will increase visibility to the Comm\.lnity: Organizing Step up Florida in Y9ur community can provide an opportunity to show·your community why physical activity is beneficial and what programs and šervicesthe county health department offers as well as other services and programs offered by community partners. Step up Florida will encourage volunteerism: Organizing this event will provide the opportunity to recruit, involve and motivate volunteers in leadership roles. Step up Florida will create partners: This event, with a wellness focus, allows the State Department of Health, County Health Departments, and other partners to unify efforts in development of an event, all thê while working toward a common goal. /" ;. 4 '...,.¡ AGENDA REQUEST ITEM NO. 6 - DATE: February 10, 2004 REGULAR [x] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Lincoln Park Community Center Extended Hours and approval of BA No. 04-133. BACKGROUND: At the request of the Concerned Citizens Committee, Commissioner Bruhn has requested staff to agenda for discussion and direction, a proposal to extend the Lincoln Park Community Center Hours from 9:00 p.m. to 11 :00 p.m. on Saturday nights for a trial period of six months. The extended hours would begin March 27th after all current bookings have been honored. Friday nights will be available for future rentals of the facility. Attached for review is breakdown of the costs attributed to extension of the hours, which include staffing, programming, and security. These additional costs are not currently budgeted. Staff would request Board consideration to allocate $14,260 from contingency into the Recreation budget if the proposal is approved. FUNDS WILL BE MADE AVAILABLE: 001-7216-513000.;7102 LPCC/Salaries, 001-7216- 534000-7102 LPCC/Other Contact. Svcs, 001-7216-552000-7102 LPCC/Operations & Supplies PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests direction from the Board and approval of Budget Amendment No. BA 04-133 If proposal approved. [x] APPROVED [ ] OTHER: [ ] DENIED RRENCE: COMMISSION ACTION: - Approved 5-0 ou Anderson County Administrator County Attorney: ~ o.rV\ Purchasing: -:7!- Originating Õept: t" ~ Other: Coord i nation/Sic natures Mgt & Budget: ~ vn~ Public Works: Finance: (Check for Copy only, if applicable) _ .. ; \.,4 ...., Agenda No.6 Lincoln Park Community Center Extended Hours Costs: 6 Months 1. $ 2,160 Additional Staffing:(3 staff at $10.00 hour for 3 hours-9:00 p.rn to12:00 p.m (includes clean-up) 2. $6,500 Security: (4 deputies at $25.00 hour for 2 hours- 9.00 p.m. to 11.00 p.m. 2 stationed inside bldg. and 2 stationed outside the building) and 2 deputies from 11.00 p.m to 12.00 p.m. 3. $2,800 Contractual Services (programming - i.e, dance with D.J. ($2,400)-rnovies (purchase of copyright ($400). 4. $2,800 Operatin~ and ~ame supplies($1,800). ~ame equip. ($1.000) Total: $14,260 '\-' '" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: ',.,; '>: _~ ,",' :; ,', ",." ,,' ,~',:;,'~:i~'>~~,:',~",'iiF<5.':f;>,:& ;::;~<r" ,':' ft[;,);. . ;,.I\~ÇQYti"·NJIMi~8 ,. TO: 001-7216-513000-7102 001-7216-534000-7102 001-7216-552000-7102 FROM: 001-9910-599100-800 Parks and Recreation 2/5/04 February 10, 2003 ,', ....:.,.,........: l\çc.ouNrN.~1; Salaries - Part Time w/Benefits Other Contractual Services $2,160 $9,300 $2,800 Con tin enc $14,260 REASON FOR BUDGET AMENDMENT: To fund a ro osal to extend the Lincoln Park Communi Center hours from 9 m to 11 m on Saturda ni hts for a trial eriod of 6 months. Feb. 10, 2004 A end a Item 6 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: $695,618 $14,260 $681,358 -.JUK.. BA-04133 '\,.' . ......., FISCAL YEAR 2003-2004 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $695,618 DEPARTMENT ITEM Approved Budget Contingency Administration Chilled Water System for Thomas J. White Stadium Comm. Dev-Tourism Treasure Coast Sports Comm (TCSC) Increase Central Services Transcriber/Dual Cassette Reformatter PW /Env Resources Chopper/Brush Mower P&RlParks Fence Repair at Lawnwood F-Ball Stadium P&RlParks Fence Repair at Pepper Park Veteran Services Loan for a van. United Veterans will repay. Cultural Affairs Treasure Coast Opera Society/ Mini Grant Program Administration Thomas J. White Stadium Interfund Loan-Field Padding Administration Research-Education Park Proposed action: P&RlLincoln Park Lincoln Park Community Center Extended Hours Balance Available After Proposed Action: .... Interfund Loan for the Thomas J. White Stadium Chiller System ACCOUNT # AMOUNT DATE 001-9910-599100-800 1,000,000 G/L Interfund Loan ... $125.000 10/21/03 BA04-110 $25,000 10/28/03 001-1925-564000-100 $2,293 11/25/03 001-3920-564000-300 $1,913 12/9/03 001-7210-546300-76021 $12,000 12/9/03 001-7210-546300-700 $12,833 12/9/03 001-5310-564000-500 $18,189 01/13/04 001-7310-582000-700 $20.000 1/13/04 461-75201-563000-700 $36.154 1/27/2004 001-1210-531000-100 $51,000 02/03/04 Total used: $304,382 Balance Available $695,618 001-7216-513000-7102 $2,160 001-7216-534000-7102 $9,300 001-7216-552000-7102 $2.800 $681,358 TO: SUBMITTED BY WEPT): SUB1ECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: COMMITTEE AGENDA REQUEST·...., ITEM NO. 7 DATE: February 5, 2004 REGULAR [X] PUBLIC HEARING [] CONSENT [] Board of County Commissioners Administration Bi-Weekly Committee Reports At the April 1 1, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. N/A N/A This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Chamber of Commerce Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Shared Services Network Exec Round Table Treasure Coast Council of Local Gov. Value Adjustment Board Tourist Development Council Lake Okeechobee Coalition COMMISSION ACTION: [ ] APPROVED IX OTHER: [ ] DENIED Reports Given MEETING DATE COMMISSIONER Monthly Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed 1 st Wednesday Quarterly Lewis Lewis Barnes Hutchinson Barnes Bruhn Coward Hutchinson Hutchinson/Bruhn/Lewis Barnes Hutchinson CE: D u as M. Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget: Originating Dept: _ Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ."'"""'"" , ~ ...... .,¡ AGENDA REQUEST ITEM No.l DA TE: February 10, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement - Utility Bulk Sale BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 04-61 approving the draft Interlocal Agreement, Service Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. COMMISSION ACTION: D uglas Anderson ounty Administrator íXì APPROVED [ ] DENIED [ ] OTHER: Approved 3-2 (Comm. Hutchinson - No) (Comm. Lewis - No) Bulk water agreement to be presented at a future meeting. County Attorney: ý Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft. 5/96 f "- J ~ "'wIll BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 10, 2004 RECONVENE 8. COUNTY ATTORNEY Interlocal Agreement - Utility Bulk Sale - Consider staff recommendation to approve Resolution No. 04-61 approving the draft Interlocal Agreement, Service Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty- eight (48) hours prior to the meeting. \. .. '-" '...I ~ AGENDA REQUEST ITEM NO. í DA TE: February 10, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement - Utility Bulk Sale BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 04-61 approving the draft Inter/ocal Agreement, Service Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: Jr Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ... \ '-" ...I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-226 DATE: February 10, 2004 SUBJECT: Interloeal Agreement - Utility Bulk Sale ************************************************************************** BACKGROUND: On November 24, 2003, the Board met with the Fort Pierce City Commission (City) and the governing board of the Fort Pierce Utilities Authority (FPUA). At that meeting, the Board directed County staff to develop a form of interlocal agreement as an alternative to the draft agreement presented by the City. On December 9, 2003, the Board voted 4-0 to send the form of an Interlocal Agreement and map to the City and FPUA. At Board direction, references to the City's annexation policy were removed from the agreement. Subsequent to the December 9 Board meeting, County staff met with FPUA staff and negotiated revisions to the Bulk Service Agreement, the Interlocal Agreement and the service area maps. The Board also received a letter dated December 22, 2003 from Mayor Enns enclosing a revised interlocal agreement. Prior to the January 13 Board meeting, the County Attorney met with the FPUA Attorney and Assistant City Attorney. The revised agreements and map negotiated with FPUA staff were agendaed for Board consideration on the Board's January 13, 2004 agenda. The Board voted 4-0 to approve the agreements and map. The Board further directed County staff to initiate discussions with the City to attempt to resolve annexation disputes through a joint planning agreement. The agreements and map approved by the Board on January 13 were to be considered by the FPUA and the City at their January 20, 2004 meeting. At the January 20 FPUA meeting, the FPUA Board tabled consideration of the agreements and map at the request of the City. At the January 20 City Commission meeting, it does not appear that the agreements and map approved by the Board on January 13 were ever formally presented to the City. Instead, it appears that the Assistant City Attorney drafted the Interlocal Agreement to incorporate the conditions outlined in a letter dated January 16, 2004 to the County Attorney. The City Commission approved the redrafted \ À '-' ....,I Interlocal Agreement by a vote of 4-1 on January 20. Attached to this memorandum is a revised Interlocal Agreement, Service Area Map and Bulk Service Agreement that is based on input from various parties to the Agreement. DISCUSSION: The revised agreements provide for the following: 1. All pending objections of the County to any City annexation, except the County's airport properties, will need to be withdrawn. 2. The City would withdraw any annexation proceedings as to all properties that were included as part of the City's plan to annex the County-owned Airport properties. The Airport will be served under the bulk service agreement with FPUA. The existing annexation agreement would remain. 3. The County and the City will immediately work together towards the goal of entering into a Joint Planning Agreement to eliminate future annexation disputes within Area "A" and coordinate the provision of governmental services related to such annexation. 4. The service area map has been revised to reflect that Indian River Estates is in Area "B" which is the County service area. 5. The County, City and FPUA agree to cooperate on the eventual relocation of the FPUA's Hutchinson Island wastewater treatment plant. 6. Once approved, the Interlocal Agreement will be submitted to the Court for approval and shall be binding on the parties. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 04-61 approving the draft Interlocal A.greement, Service Area Map and Bulk Utility Service Agreement and authorize the Chairman to sign the Agreements. DSM/caf 1 '-" 'WI RESOLUTION NO. 04-61 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT WITH THE FORT PIERCE UTILITIES AUTHORITY AND THE CITY OF FORT PIERCE FOR POTABLE WATER AND W ASTEW A TER SERVICES IN CERTAIN GEOGRAPHICAL AREAS SHOWN IN THE SERVICE AREA MAP UNDER A BULK SALE AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, considered the Interlocal Agreement with the Fort Pierce Utilities Authority and the City of Fort Pierce for Potable Water and Wastewater Services in certain geographical areas shown in the service area map under a bulk sale agreement, and has determined that it is in the public interest to approve and implement the Interlocal Agreement, including the Bulk Utility Service Agreement contained therein, for the public and county purposes of providing potable water and wastewater services in certain geographical areas as set forth in the Interlocal Agreement and Bulk Utility Service Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that: 1. The Interlocal Agreement, attached as "Exhibit A", including the Bulk Utility Service Agreement and Service Area Map contained therein, is hereby approved. \..-. ..J After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Doug Coward XXX Commission Frannie Hutchinson XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 10th day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY G: \A TTY\RESOL TN\2004 \04-61.wpd \..t ...I INTERLOCAL AGREEMENT THIS AGREEMENT made entered into this day of , 2004, by and among the CITY OF FORT PIERCE ("CITY"), a Florida municipal Corporation, The FORT PIERCE UTILITIES AUTHORITY ("FPUA"), a Special District organized under the Charter of the City of Fort Pierce, ST. LUCIE COUNTY ("County"), a political subdivision of the State of Florida. WIT N E SSE T H: WHEREAS, the CITY and COUNTY are currently adverse parties in St. Lucie County v. City of Fort Pierce, Case No.: 02-CA-000390(PC), in the Circuit Court of the Nineteenth Judicial Circuit in and for S1. Lucie County and City of Fort Pierce v. St. Lucie County, Case No.: 03-CA-000483(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for S1. Lucie County; and, WHEREAS, an parties hereto are likewise parties to City of Fort Pierce and Fort Pierce Utilities Authority v. St. Lucie County and Port St. Lucie, Case No.: 03-CA-000530(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for S1. Lucie County; and, WHEREAS, the COUNTY is desirous of entering into an agreement with the CITY and FPUA for potable water and wastewater services in certain geographical areas under a bulk sale agreement; and, WHEREAS, there exists a dispute between the City and FPUA on the one hand, and the COUNTY on the other, over whether FPUA is the sole provider of potable water and wastewater services in certain geographical areas and whether provisions of service by the County in any of these geographical areas violates the COUNTY's Comprehensive Plan, any element thereof, the -1- · ~ ..J COUNTY's potable water/wastewater master plan, County Resolution 91-106, and other implementing documents; and WHEREAS, the parties are desirous of eliminating disputes over their current and future utility service areas and boundaries as to which they respectively provide or will provide potable water and wastewater services; and, WHEREAS, the parties jointly recogmze declared public policy of this state, as expressed by Fla. Stat. Section 164.102, that conflicts between governmental entities be resolved to the greatest extent possible without litigation wherein it is in the public's interest that expense and uncertainty of such litigation be avoided and where important public policies involving annexation, future revenues and provision of potable water and wastewater services are better served by what follows; and WHEREAS, it is the purpose and intent of this Agreement to resolve most, but not all of the current disputes between the parties, and to further provide a framework within which such disputes and concerns as aforesaid may be discussed and potentially resolved as herein provided for; and, WHEREAS, the parties intend to be bound by the tenns and provisions hereof and further recognize that this Agreement sets forth specific legal rights and remedies with respect to the subject matter herein contained. NOW THEREFORE, it is agreed by and among the parties hereto as follows: 1. COUNTY shall not provide potable water or wastewater utility service within the boundaries of the area designated on Exhibit 1 attached hereto, such area known hereafter as "Area A", without the prior written consent of CITY and FPUA, which consent may be withheld at the sole discretion of CITY and FPUA. FPUA shall provide potable water and wastewater -2- '-' ...,,¡/ utility service in Area "A". COUNTY shall withdraw and agrees not to proceed with all pending objections to any CITY annexation located within Area "A", whether currently in litigation or conflict resolution. CITY shall withdraw and agrees not to proceed with any annexation proceedings as to all properties that were included as part of the City's plan to annex the County- owned airport properties. Upon signing this Agreement, CITY and COUNTY shall, immediately work together towards the goal of entering into a Joint Planning Agreement to eliminate future annexation disputes within Area "A" and coordinate the provision of governmental services related to such annexation. The County, City and FPUA agree to cooperate on the eventual relocation of the FPUA's Hutchinson Island wastewater treatment plant. 2. The FPUA shall not provide potable water and wastewater utility service within the boundaries of the area designated on Exhibit I as attached hereto, such area known hereafter as "Area B" (except as to customers currently being serviced by the FPUA, and as listed in Exhibit 3 attached hereto), without the prior written consent of County, which consent may be withheld at the sole discretion of County. 3. FPUA may provide the County with bulk potable water, wastewater and reclaimed water service within Area B in accordance with the terms of the bulk service agreement (the "Bulk Service Agreement") in Exhibit 4 attached hereto. The parties shaH execute the Bulk Service Agreement upon execution of this Agreement. When provided, the FPUA shall provide such bulk services to the County without the requirement of annexation into the City as a condition to such service. 4. It is expressly intended that nothing in this Agreement be construed as creating or evidencing an obligation on the part of any of the parties to unconditionally provide potable water or wastewater services in Area "A" or Area "B" That is FPUA may not be compelled by -3- '-' ...",¡ any party, person or entity to provide service within Area A, and COUNTY may not be compelled by any party, person or entity to provide service within Area B. 5. In accordance with FPUA Resolution UA 91-8, and subject to the conditions set forth below, FPUA shall sell the FPUA water distribution system south of the Florida Power & Light nuclear power plant ("FP&L Plant") to the County. FPUA will retain retail water service to the area between the current City hmits (Blue Heron Boulevard) and the FP&L Plant in Area A. From that point south to the Martin County Line, FPUA will continue to provide retail water service until bulk water revenues from the County on the County's mainland utihty system equal the difference between combined current FPUA revenues on North and South Hutchinson Island and the bulk water revenues for those areas at the $1.90 per 1000 gallons rate (plus any incremental increases as allowed by the Bulk Service Agreement). At such time, the County shall compensate FPUA for the value of the water distribution system and Repump No.2., which value is to be detennined to the mutual satisfaction of the County and FPUA. 6. COUNTY agrees, for itself, that the Bulk Rate Utihty Interlocal Agreement entered into by the City of Port St. Lucie and COUNTY, as approved by the County Commission on or about November 4, 2002, and as may be subsequently modified or amended, shall not apply to any potable water or wastewater service within Area "A" which is reserved by this Agreement to CITY and FPU A. 7. The parties agree that no development order shall be issued, nor any construction commence, after this Agreement is approved be each of the parties and it becomes effective according the tenns hereof which may be inconsistent with the tenns and provisions above which, among other things, establish service Area "A" to CITY and FPUA, and service Area "B" to COUNTY. -4- '-'" ...I 8. The parties understand and represent that the terms of this Agreement either are, or should be consistent with requirements of their respective comprehensive plans and current potable water/wastewater master plans. Each wiH provide the other written confirmation of consistency, in form and substance acceptable to the others, and approved by the governing body. In the event there is a material inconsistency between the terms of this Agreement and either or both of any party's comprehensive plan and potable water/wastewater master plan, such inconsistency shall be promptly reviewed and addressed within the next one hundred eighty (180) days in the manner provided by law, based upon considerations of public health, safety and general welfare and such other factors as are properly considered in the course of normal review. Such review is not to be construed as "contract planning" as prohibited by Jaw inasmuch as no party hereto commits itself in advance to eliminate any such inconsistency based solely upon this Agreement. 9. In the event that either party considers an amendment of its Comprehensive Plan or potable water/wastewater Master Plan which could reasonably be interpreted or understood as inconsistent with any term of this Agreement, such party shall give immediate written notice of the considered provision to the other parties as early in the process of proposed adoption as possible. 10. Upon execution of this Agreement by all governing bodies, through resolution, and when it further becomes effective, it shall be submitted for approval by the Court, as incorporated in joint motions for approval, and shall be binding upon the parties as to any subject matters covered by this Agreement, which may be embodied within issues in each of the pending cases named above, numbers 02-CA-000390(PC), 03-CA-000483(OC), and.03-CA-000530(OC). To the extent this Agreement may constitute a full and final settlement of all issues pending in such -5- '-' ..., case, the parties shall agree to a stipulated final judgment, and such cases will then be dismissed. Such dismissal shaH be with prejudice except that it shall be without prejudice to any matter, cause, or issue not otherwise governed by,this Agreement, and shaH further be without prejudice to revival to any proceedings otherwise dismissed in the event this Agreement or any part thereof is invalidated hereafter through final judgment by a court of competent jurisdiction in any proceeding brought by a person or entity who is not a party to this Agreement. Should any such action be refiled after dismissal, it is agreed that no Section 95.11, or defense of collateral estoppel, or other defense based upon passage of time, nor shaH any subsequent voluntary dismissal by any party thereafter be deemed an adjudication on the merits for purposes of Fla.R.Civ.P. Rule 1.420(a) by virtue of the original dismissal pursuant to this Agreement. 11. The parties to this Agreement agree that neither the City, the FPUA, nor the County shaH take any actions, either directly or indirectly, to prevent the implementation of this Agreement or alter the terms of this Agreement, including, but not limited to filing legal actions or administrative actions. 12. This Agreement may be executed in counterparts, and shaH become effective upon filing with the Clerk of the Circuit Court. 13. This Agreement has been approved by the governing political bodies of the CITY, County and FPUA, and each signatory hereto represents their authority to execute this Agreement on behalf of their respective Jocal government. 14. Nothing in this Agreement shaH be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party who is not a signatory to this Agreement. -6- ~ ....1 15. Each party to this Agreement shall bear its own costs, including attorneys' fees, incurred in connection with the legal proceedings resolved by this Agreement. 16. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 17. This is the entire Agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. Should any substantial part of this Agreement be found and declared by a Court of competent jurisdiction to be invalid for any reason, then this Agreement shall be void ab initio. 18. Each party further agrees and consents that in the event of a breach or threatened breach of the provisions of this Agreement by any party, in addition to any other rights and remedies available to any party under this Agreement or otherwise, any party shall be entitled to an injunction to be issued by a court of competent jurisdiction, restricting or prohibiting the other party from committing or continuing any violation of this Agreement, and upon a proper showing as to the breach or threatened breach, irreparable harm, damage, or injury shall be presumed. The parties further agree that if either party avails itself of the procedure set forth in Florida Statute 164.1041 (2)(as such statute exists or is hereafter amended), and a finding is made that an immediate danger to health, safety, or welfare of the public requires immediate legal action, or that significant legal rights will be compromised if a court proceeding does not take place immediately, the other party shall not challenge or otherwise object to the factual finding by the governing body of the other party except as to any procedural error or defect. 19. All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or -7- '-" """ certified mail, return receipt requested, to the parties as follows: As to the CITY: Fort Pierce City Manager Fort Pierce City Hall 100 North U.S. 1 Post Office Box 1480 Fort Pierce, Florida 34954-1480 With a copy to: Fort Pierce City Attorney Fort Pierce City Hall 100 North U.S. 1 Post Office Box 1480 Fort Pierce, Florida' 34954-1480 As to the FPUA: Fort Pierce Utilities Authority Director 206 South 6th Street Fort Pierce, Florida 34950 With a copy to: Fort Pierce Utilities Authority Attorney 40 I-A South Indian River Drive Fort Pierce, Florida 34950 As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administrative Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administrative Annex Fort Pierce, Florida 34982 20. In the event suit is brought to resolve any dispute between the parties arising from this Agreement, each party shall bear its own attorneys' fees, court costs and litigation expenses, including all fees and costs of all experts, consultants, and other related out-of-court expenses. Each party shall bear its own costs, including attorneys fees, incurred in connection with the legal proceedings resolved by this Agreement. 21. This Agreement shall not be changed, modified or amended in any respect except by written instrument signed by the parties hereto. IN WITNESS WHEREOF the parties have executed the Agreement. ST. LUCIE COUNTY CITY OF FORT PIERCE By: By: DATE: DATE: -8- ~ '-" FORT PIERCE UTILITIES AUTHORITY By: DATE: ....,J -9- '-" ..., EXHIBIT 4 AGREEMENT BETWEEN FORT PIERCE UTILITY AUTHORITY AND ST. LUCIE COUNTY, FLORIDA, FOR PROVISION OF BULK WATER, WASTEWATER AND RECLAIMED WATER SERVICE THIS AGREEMENT is entered into between the Fort Pierce Utility Authority, a Special District organized under the Charter of the City of Fort Pierce ("FPUA"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("St. Lucie County"). WIT N E SSE T H: WHEREAS, St. Lucie County has various needs from time to time throughout the areas that St. Lucie County's utility department provides service to purchase bulk potable water, wastewater and reclaimed water service; and WHEREAS, FPUA has available water, wastewater and possible future reclaimed water service from time to time which it desires to make available to St. Lucie County for Purchase; and WHEREAS, both St. Lucie County and FPUA have the legal ability and authority to enter into an agreement for the sale and purchase of water and wastewater; and WHEREAS, the Parties find that this Agreement serves a public purpose and is to the public's benefit; and WHEREAS, St. Lucie County and FPUA desire to enter into this Agreement to accomplish the purposes set forth above (the "Agreement"). NOW, THEREFORE, in consideration of the premises and covenants herein contained, FPUA and St. Lucie County agree as follows: 1. Whereas Statements: The foregoing statements are true and correct. 2. Agreement to Serve: a. FPUA agrees to provide bulk potable water, wastewater and reclaimed water service ("Bulk Service") to St. Lucie County, in accordance with the terms and provisions of this Agreement. Subject to availability at the time of request, St. Lucie County may, from time to time, request FPUA to provide water, wastewater or reclaimed water service to St. Lucie County at points of connection located outside ofFPUA's existing utility service area as proposed by St. Lucie County. To the extent that the service requested by St. Lucie County (a "Service Request") is available at the time of request and interconnection with the St. Lucie County utility system at the proposed points of connection is economically feasible, as determined in the reasonable discretion of FPUA, and provided that the provisions of Section 3 below are complied with, FPUA shall provide the requested service. Provided each Service Request complies with the requirements of this Agreement, the respective staffs of St. Lucie County and FPUA are authorized to implement the tenns ofthis Agreement with respect to such Service Request without further action of the St. Lucie County Commission or FPUA governing board. There is no annexation requirement as a condition of provision of service by FPUA to St. Lucie County pursuant to the tenns of this Agreement. g:lattylagreemntinterloclfpua-Ex42-9 ~. '-" .....I b. As required by all applicable FPUA resolutions addressing FPUA's Industrial Pretreatment Program and City of Fort Pierce Sewer Use Ordinance No. UA 98-5 or succeeding revised Sewer Use Ordinance, any industrial users that connect to the St. Lucie County utility system served by FPUA Bulk Wastewater Service will be subject to FPUA' s industrial pretreatment program. This program is governed by Administrative Code 62-625 and administered by the State of Florida Department of Environmental Protection, Tallahassee, Florida. All permitting and operational costs, including surcharges/excess strength fees as defined and applicable in the FPUA resolutions, will be collected by St. Lucie County from such industrial users and remitted to FPUA with the next month's billing of Bulk Service Rates. The specific responsibilities ofFPUA and St. Lucie County with regard to implementing and enforcing an Industrial Pretreatment Program that meets all state and federal requirements will be delineated in a separate Interlocal Agreement dealing only with the Industrial Pretreatment program in the bulk wastewater service areas. 3. Method of Extension and Delivery of Service: The provisions for the construction, installation and operation ofthe facilities of FPUA up to the point(s) of connection and the facilities ofSt. Lucie County past the point(s) of connection will be determined jointly by FPUA and St. Lucie County. St. Lucie County shall share equitably with FPUA in the capital cost associated with the extension of new mains or oversizing of mains necessary to bring adequate quantities of water to the bulk metering point( s) of connection in accordance with the then current FPUA policies for extending water and sewer service to new customers. St. Lucie County shall bear the initial capital cost of the master meter( s), backflow prevention devices, and pressure-sustaining valves required for service to St. Lucie County and shall transfer ownership of such master meter(s) and other backflow prevention or pressure sustaining devices to FPUA, which shall, after transfer, assume the obligation to operate, maintain and replace such master meter(s) and other devices. All master meters and backflow prevention devices shall be tested annually by FPUA, with the cost of such testing to be paid by St. Lucie County. FPUA shall provide service to St. Lucie County at the points of connection in accordance with then existing regulations and standards not in conflict with the terms of this Agreement. 4. Rates and Charges: St. Lucie County agrees to pay the following bulk rates for the services requested. FPUA shall charge St. Lucie County for bulk water service at a rate of$1.90 per thousand gallons (the "Bulk Water Rate"), for bulk wastewater service at a rate of$4.60 per thousand gallons (the "Bulk Wastewater Rate") and a rate for bulk reclaimed water service (including Capital Improvement Charges, if any) as shall be agreed upon between the parties at such time as FPUA institutes a reclaimed water service program (the "Bulk Reclaimed Water Rate"), all as measured at master meter(s) for each service (collectively, the "Bulk Service Rates"). Bulk wastewater volumes for billing shall be determined from bulk water meter readings and retail irrigation-only meter readings within the bulk water service area, as described in Paragraph 6. The Bulk Service Rates may be revised from time to time by FPUA, at such time and in the same percentage as FPUA revises its retail residential customer class commodity charges for the lowest consumption level. There shall be no surcharge imposed on the Bu]k Rates charged to St. Lucie County. Retail water and wastewater rates established by St. Lucie County for the bulk water service areas shall be structured such that they will not be lower than the retail water and wastewater rates for FPUA customers within the City of Fort Pierce. 5 Payments of Water/Wastewater Capital Improvement Charges: a. Provisions with respect to St. Lucie County's payment of Water and Wastewater Capital Improvement Charges are as follows: Water Capital Improvement Charges: $1,378.00 per equivalent residential connection ("ERe"). A Water ERC is based upon 300 gallons per day; Wastewater Capital Improvement Charges: $1,222.00 per ERe. A Wastewater ERC is based upon 240 gallons per day. Separate Capital Improvement Charges will be assessed for irrigation-only water g:\atty\agreemntinterloc\fpua-Ex42-9 ,f '-" ...., use, in accordance with standard FPUA policies. All Capital Improvement Charges may be revised from time to time by FPUA, at such time and in the same percentage as the FPUA revises its retail residential customer class Capital Improvement Charges. There shall be no other capital or impact charges to St. Lucie County for Bulk Service. b. St. Lucie County will collectthe Water Capital Improvement Charges and Wastewater Capital Improvement Charges and remit the same to FPUA upon the earlier of the initial provision of utility service by St. Lucie County to a customer or the receipt of payment by St. Lucie County of such Capital Improvement Charges pursuant to a developers agreement reserving utility capacity with St. Lucie County. St. Lucie County and FPUA shall resolve in good faith any issues regarding whether a particular customer or developer agreement is being provided utility service pursuant to this Bulk Service Agreement. St. Lucie County and FPUA shall perform a true-up of Capital Improvement Charge payments as of October 1 of each year during the term of this Agreement based upon the average daily flows for the prior 12 months, as measured at the master meter(s), divided by the agreed upon Water ERC and Wastewater ERC set forth above ("True Up ERC's). In the event that the True Up ERC's exceed the number ofERC's for which St. Lucie County has made payment to FPUA, then S1. Lucie County shall pay the difference between the True Up ERC's and the paid ERe's. Ifbulk average daily flows indicate a lower demand than ERC projections, there shall be no downward adjustment ofERC' s or Capital Improvement Charges. The bulk wastewater service areas will coincide with bulk water service areas. c. It is the intention ofFPU A to utilize the existing South Hutchinson Island (SHI) Water Reclamation Facility (WRF) to it's fullest capacity. ERe's for wastewater treatment will be issued to FPUA and St. Lucie County bulk wastewater customers until 100% of the SHI WRF capacity is reached. 8t. Lucie County agrees that Capital Improvement Charges collected for bulk wastewater ERC's connected to the SHI WRF are reimbursements to FPUA for sunk cost of treatment and transmission facilities necessary to transport and treat the wastewater. Both parties understand that when certain capacity limits are reached, State regulations require certain steps to be taken to start the process for a new plant to be sited, designed and constructed. Both parties agree that in the event the SHI WRF is required to be taken out of service by a regulatory agency or by any statute, rule, regulation or court order, it wilJ be the joint responsibility of8t. Lucie County and FPUA to plan for replacement capacity at another site. FPUA and St. Lucie County will plan for and construct the future mainland wastewater treatment plant as partners, with each party paying it's share of costs on an allocated capacity basis, rather than a capital improvement charge basis. 6. Billing: FPUA shall bill St. Lucie County each month for Bulk Service, subject to the provisions of the FPUA rules and reguJations, as amended from time to time. Bulk wastewater billings shall be based upon bulk water meter readings, less the aggregate sum of all irrigation-only water meter readings within the County's bulk water service area. FPUA shall separate each month's bill by points of connection between FPUA and 8t. Lucie County. Bills are due when rendered and will be considered late ifnot paid within 15 days. Notwithstanding provisions in the FPUA Code to the contrary, FPUA shall not discontinue Bulk Service to St. Lucie County for non-payment unless it has provided St. Lucie County 30 days written notice ofFPUA's intention to discontinue service for non-payment by St. Lucie County with a right to cure. In the event of a dispute over the accuracy ofa bill, St. Lucie County shall pay the non-disputed portion of the bill to FPUA and provide FPUA written notice detailing the reason for the disputed portion of the bill. FPUA shall not discontinue service for non-payment of the disputed portion of the bill. Disputes over billing accuracy that are not amicably resolved between the parties within 20 days of written notice to FPUA from St. Lucie County shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 10 below. 7. North Hutchinson Island Service Agreement: Upon execution ofthis Agreement, the current North Hutchinson Island Bulk Utility Service Agreement between the County and FPUA g:lattylagreemntinterloc\fpua-Ex4 2-9 · '-' ..J ("NHI Bulk Service Agreement") shall be automatically terminated, and the Bulk Service Agreement shall take immediate effect for service to North Hutchinson Island, subject to the following bulk water rate transition period: (1) for a period of two years from the date of this Agreement, the bulk water rate shall remain at the current rate charged by FPUA to the County under the NHI Bulk Service Agreement ("Current Rate"); (2) commencing at the end of the two year period, and on the same date for the next three years, the bulk water rate will be reduced by one quarter of the difference between the Current Rate and the bulk water rate for the same time frame as calculated under the Bulk Service Agreement (including any applicable incremental increases); (3) commencing at the end of fifth year, the bulk water rate shall be the same as the then current bulk water rate under the Bulk Service Agreement (including any applicable incrementa] increases). St. Lucie County shall pay no Capital Improvement Charges or impact fees for development that is existing (or fully permitted by St. Lucie County and FDEP) at the time of this Agreement and for a period of two years from the date of this Agreement. St. Lucie County shall pay capacity fees to FPUA for all development on North Hutchinson Island permitted after said two-year period. 8. Airport Properties Service AgreementUpon execution ofthis Agreement, the existing water service agreements between FPUA and St. Lucie County for service to St. Lucie County's Airport Properties shall be automatically terminated and replaced by this Agreement. The partaies agree that the annexation agreement shall not be terminated. The rates for bulk service as set forth in this Agreement shall commence with the next billing cycle 30 day after the execution of this Agreement ("Changeover Date"). The rates for bulk service in the existing bulk water service agreement shall apply until the Changeover date. St. Lucie County shall pay no Capital Improvement Charges or impact fees for the existing bulk service provided at the Changeover Date. St. Lucie County shall pay capacity fees to FPUA for all development on St. Lucie County's Airport Properties permitted after the Changeover Date. 9. Term: The term of this Agreement shall be 30 years, and may be extended by the parties for 2 additional terms of 30 years which extension must be agreed upon on or before the 15th year ofthe initial term or an extension term, as applicable. Either party may terminate this agreement upon providing the other party 15 years written notice oftermination; provided, however, that in the event the remaining term at the time of notice of termination is less than 15 years, the term of this Agreement shall be extended so that the Agreement will terminate in not less than 15 years. 10. Force Maieure: In the event that performance of this Agreement by either party to this Agreement is prevented or interrupted beyond the control of either party, including, but not limited to, act of God or the public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability or labor or materials, rationing, civil insurrection, riot, radical or civil rights disorder or demonstration, strike embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, failure or breakdown of pumping transmission or other facilities, governmental rules or acts or orders or restrictions or regulations of requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, in order to decree or judgment or restraining order or injunction of any court, said party shall not be liable for such non- performance. 11. Laws of Florida: This Agreement shall be governed by the laws ofthe State of Florida and it shall become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions precedent for the rendering of service as set forth in this Agreement. g:lattylagreemntinterloclfpua-Ex42-9 - - " ~ ....I 12. Dispute Resolution: In the event either party to this Agreement is required to enforce this Agreement the following procedure shall be followed: 12.1 Prior to initiating any litigation between the parties, the initiating party shall provide a written notice to the non-initiating party of its intent to bring litigation together with a reasonably detailed description of the nature of the claim. Within ten (10) days of receipt of such notice, the parties shall scheduJe a pre-litigation mediation proceeding which meeting shall take place within twenty (20) days or such other time as the parties may agree to attempt to mediate an amicable resolution of the dispute. The parties shall cooperate with each other to select a mutually agreeable mediator. The cost of mediation shall be borne equally by each party. Mediation shall take place at the FPUA administrative complex. 12.2 Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, that is not resolved through the mediation process specified in subsection 12.1, shall be resolved by binding arbitration, before a three member panel, in accordance with the rules then obtaining of the American Arbitration Association. Each party shall select one arbitrator and the two arbitrators so selected shall select a third arbitrator. The third arbitrator must have experience in the water and wastewater utility operations and management business. Arbitration shall take place at the FPUA's administrative complex. Any judgment upon the award rendered may be entered in any court having jurisdiction. The cost of arbitration shall be borne equally by each party. Each party shall bear its own attorneys fees and costs arising out of any mediation and arbitration. MISCELLANEOUS PROVISIONS 13. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 14. Exhibits mentioned in this Agreement are hereby incorporated herein by reference and made a part hereof as fully set forth herein. 15. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 16. No agreement shall be effective to add to, change, modify, waive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto. In the event that any non-material provision of this Agreement is determined to be of no force and effect by a court of law, such provision shall be severed from this Agreement and the remaining Agreement shall continue in full force and effect. 17. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 18. Within sixty days of execution of this Agreement, St. Lucie County shall provide FPUA with a 5-year projection of bulk water and wastewater demands at all connection points. St. Lucie County shall update the 5-yearprojection annually thereafter during the term of this Agreement. 19. In the event that during the term of this Agreement, St. Lucie County elects to construct water or wastewater treatment capacity for new development not already served under this Agreement, then St. Lucie County shall provide FPUA with 5 years prior notice of such construction. Such construction may not replace existing demand on FPUA's bulk supply (unless such notice is accompanied by a notice of termination of this Agreement, in which event the constructed capacity g:lattylagreemntinterloclfpua-Ex42-9 . '-" ...., may not be used to replace existing demand on FPUA's bulk supply until the effective date of the termination of this Agreement). 20. During the term of this Agreement, St. Lucie County shall not reduce the number of ERC's of water and wastewater service utilized under this Agreement and furnish those St. Lucie County Customers with water and wastewater service from another source, including one owned and operated by St. Lucie County (provided the County may continue to provide water and wastewater service from its existing water and wastewater facilities until the current capacity of those existing systems is fully utilized). This requirement shall allow, however, for normal fluctuations in water and wastewater demand. 21. During the term ofthis Agreement, FPUA shall be the exclusive bulk service provider to St. Lucie County within Area B, subject to the following conditions: (1) to the extent that FPUA denies a Service Request from St. Lucie County, St. Lucie County may meet such Service Request from another source, including one owned and operated by St. Lucie County; (2) to the extent that St. Lucie County currently receives bulk utility service from the City of Port St. Lucie for the Okeechobee Road corridor, St. Lucie County may continue such bulk service but only to the extent of capacity reserved as ofthe date of this Agreement as set forth on Attachment A to this Agreement; and (3) to the extent that St. Lucie County secures emergency interconnections with other utility systems and utilizes such emergency interconnections for temporary or emergency service needs. 22. St. Lucie County's retail customers in the bu]k water service areas wi]] be subject to the same water use restrictions as may be imposed on FPUA's retai] customers under emergency conditions. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: FORT PIERCE UTILITIES AUTHORITY By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By: FPUA General Counsel BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk By: St. Lucie County Attorney g:lattylagreemntinterloclfþua-Ex4 2-9 " v ....., EXHIBIT 4 AGREEMENT BETWEEN FORT PIERCE UTILITY AUTHORITY AND ST. LUCIE COUNTY, FLORIDA, FOR PROVISION OF BULK WATER, WASTEWATER AND RECLAIMED WATER SERVICE THIS AGREEMENT is entered into between the Fort Pierce Utility Authority, a Special District organized under the Charter of the City of Fort Pierce ("FPUA"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("St. Lucie County"). , WIT N E SSE T H: WHEREAS, St. Lucie County has various needs from time to time throughout the areas that St. Lucie County's utility department provides service to purchase bulk potable water, wastewater and reclaimed water service; and WHEREAS, FPUA has available water, wastewater and possible future reclaimed water service from time to time which it desires to make available to St. Lucie County for Purchase; and WHEREAS, both St. Lucie County and FPUA have the legal ability and authority to enter into an agreement for the sale and purchase of water and wastewater; and WHEREAS, the Parties find that this Agreement serves a public purpose and is to the public's benefit; and WHEREAS, St. Lucie County and FPUA desire to enter into this Agreement to accomplish the purposes set forth above (the "Agreement"). NOW, THEREFORE, in consideration of the premises and covenants herein contained, FPUA and St. Lucie County agree as foHows: 1. Whereas Statements: The foregoing statements are true and correct. 2. Agreement to Serve: a. FPUA agrees to provide bulk potable water, wastewater and reclaimed water service ("Bulk Service") to St. Lucie County, in accordance with the terms and provisions ofthis Agreement. Subject to availability at the time of request, St. Lucie County may, from time to time, request FPUA to provide water, wastewater or reclaimed water service to St. Lucie County at points of connection located outside ofFPUA' s existing utility service area as proposed by St. Lucie County. To the extent that the service requested by St. Lucie County (a "Service Request") is available at the time of request and interconnection with the St. Lucie County utility system at the proposed points of connection is economicaHy feasible, as determined in the reasonable discretion of FPUA, and provided that the provisions of Section 3 below are complied with, FPUA shaH provide the requested service. Provided each Service Request complies with the requirements of this Agreement, the respective staffs ofSt. Lucie County and FPUA are authorized to implement the terms ofthis Agreement with respect to such Service Request without further action of the St. Lucie County Commission or FPUA governing board. There is no annexation requirement as a condition of provision of service by FPUA to St. Lucie County pursuant to the terms of this Agreement. g:lattylagreemntinterloclfpua-Ex4 2-9 .s y ..., b. As required by all applicable FPUA resolutions addressing FPUA's Industrial Pretreatment Program and City of Fort Pierce Sewer Use Ordinance No. UA 98-5 or succeeding revised Sewer Use Ordinance, any industrial users that connect to the S1. Lucie County utility system served by FPUA Bulk Wastewater Service will be subject to FPUA' s industrial pretreatment program. This program is governed by Administrative Code 62-625 and administered by the State of Florida Department of Environmental Protection, Tallahassee, Florida. All pennitting and operational costs, including surcharges/excess strength fees as defined and applicable in the FPUA resolutions, will be collected by St. Lucie County from such industrial users and remitted to FPUA with the next month's billing of Bulk Service Rates. The specific responsibilities ofFPUA and St. Lucie County with regard to implementing and enforcing an Industrial Pretreatment Program that meets all state and federal requirements will be delineated in a separate Interlocal Agreement dealing only with the Industrial Pretreatment program in the bulk wastewater service areas. 3. Method of Extension and Delivery of Service: The provisions for the construction, installation and operation ofthe facilities of FPUA up to the point(s) of connection and the facilities ofSt. Lucie County past the point(s) of connection will be determined jointly by FPUA and St. Lucie County. S1. Lucie County shall share equitably with FPUA in the capital cost associated with the extension of new mains or oversizing of mains necessary to bring adequate quantities of water to the bulk metering point(s) of connection in accordance with the then current FPUA policies for extending water and sewer service to new customers. St. Lucie County shall bear the initial capital cost of the master meter( s), backflow prevention devices, and pressure-sustaining valves required for service to St. Lucie County and shall transfer ownership of such master meter( s) and other backflow prevention or pressure sustaining devices to FPUA, which shall, after transfer, assume the obligation to operate, maintain and replace such master meter(s) and other devices. All master meters and backflow prevention devices shall be tested annually by FPUA, with the cost of such testing to be paid by St. Lucie County. FPUA shall provide service to St. Lucie County at the points of connection in accordance with then existing regulations and standards not in conflict with the tenns of this Agreement. 4. Rates and Charges: St. Lucie County agrees to pay the following bulk rates for the services requested. FPUA shall charge St. Lucie County for bulk water service at a rate of $1.90 per thousand gallons (the "Bulk Water Rate"), for bulk wastewater service at a rate of$4.60 per thousand gallons (the "Bulk Wastewater Rate") and a rate for bulk reclaimed water service (including Capital Improvement Charges, if any) as shall be agreed upon between the parties at such time as FPUA institutes a reclaimed water service program (the "Bulk Reclaimed Water Rate"), all as measured at master meter(s) for each service (collectively, the "Bulk Service Rates"). Bulk wastewater volumes for billing shall be determined from bulk water meter readings and retail irrigation-only meter readings within the bulk water service area, as described in Paragraph 6. The Bulk Service Rates may be revised from time to time by FPUA, at such time and in the same percentage as FPUA revises its retail residenti'ãl customer class commodity charges for the lowest consumption level. There shall be no surcharge imposed on the Bulk Rates charged to St. Lucie County. Retail water and wastewater rates established by St. Lucie County for the bulk water service areas shall be structured such that they will not be lower than the retail water and wastewater rates for FPUA customers within the City of Fort Pierce. 5 Payments of Water /Wastewater Capital Improvement Charges: a. Provisions with respect to St. Lucie County's payment of Water and Wastewater Capital Improvement Charges are as follows: Water Capital Improvement Charges: $1,378.00 per equivalent residential connection ("ERC"). A Water ERC is based upon 300 gallons per day; Wastewater Capital Improvement Charges: $1,222.00 per ERe. A Wastewater ERC is based upon 240 gallons per day. Separate Capital Improvement Charges will be assessed for irrigation-only water g:lattylagreernntinterloc\fpua-Ex4 2-9 ,., .""" ,..., use, in accordance with standard FPUA policies. All Capital Improvement Charges may be revised from time to time by FPUA, at such time and in the same percentage as the FPUA revises its retail residential customer class Capital Improvement Charges. There shall be no other capital or impact charges to St. Lucie County for Bulk Service. b. St. Lucie County will collect the Water Capital Improvement Charges and Wastewater Capital Improvement Charges and remit the same to FPUA upon the earlier of the initial provision of utility service by St. Lucie County to a customer or the receipt of payment by St. Lucie County of such Capital Improvement Charges pursuant to a developers agreement reserving utility capacity with St. Lucie County. St. Lucie County and FPUA shall resoJve in good faith any issues regarding whether a particular customer or developer agreement is being provided utility service pursuant to this Bulk Service Agreement. St. Lucie County and FPUA shall perform a true-up of Capital Improvement Charge payments as of October 1 of each year during the term ofthis Agreement based upon the average daily flows for the prior 12 months, as measured at the master meter(s), divided by the agreed upon Water ERC and Wastewater ERC set forth above ("True Up ERC's). In the event that the True Up ERC's exceed the number ofERC's for which St. Lucie County has made payment to FPUA, then St. Lucie County shall pay the difference between the True Up ERC's and the paid ERC's. Ifbulk average daily flows indicate a lower demand than ERC projections, there shall be no downward adjustment ofERC's or Capital Improvement Charges. The bulk wastewater service areas will coincide with bulk water service areas. c. It is the intention ofFPUA to utilize the existing South Hutchinson Island (SHI) Water Reclamation Facility (WRF) to it's fullest capacity. ERC's for wastewater treatment will be issued to FPUA and St. Lucie County bulk wastewater customers until 100% of the SHI WRF capacity is reached. St. Lucie County agrees that Capital Improvement Charges collected for bulk wastewater ERC's connected to the SHI WRF are reimbursements to FPUA for sunk cost of treatment and transmission facilities necessary to transport and treat the wastewater. Both parties understand that when certain capacity limits are reached, State regulations require certain steps to be taken to start the process for a new plant to be sited, designed and constructed. Both parties agree that in the event the SHI WRF is required to be taken out of service by a regulatory agency or by any statute, rule, regulation or court order, it will be the joint responsibility ofSt. Lucie County and FPUA to plan for replacement capacity at another site. FPUA and St. Lucie County will plan for and construct the future mainland wastewater treatment plant as partners, with each party paying it's share of costs on an allocated capacity basis, rather than a capital improvement charge basis. 6. Billing: FPUA shall bill St. Lucie County each month for Bulk Service, subject to the provisions of the FPUA rules and regulations, as amended from time to time. Bulk wastewater billings shall be based upon bulk water meter readings, less the aggregate sum of all irrigation-only water meter readings wi thin the County's bulk water service area. FPU A shall separate e.ach month's bill by points {jf connection between FPUA and St. Lucie County. Bills are due when rendered and will be considered late if not paid within 15 days. Notwithstanding provisions in the FPUA Code to the contrary, FPUA shall not discontinue Bulk Service to St. Lucie County for non-payment unJess it has provided St. Lucie County 30 days written notice ofFPUA's intention to discontinue service for non-payment by St. Lucie County with a right to cure. In the event of a dispute over the accuracy of a bill, St. Lucie County shall pay the non-disputed portion ofthe bill to FPUA and provide FPUA written notice detailing the reason for the disputed portion of the bill. FPUA shall not discontinue service for non-payment of the disputed portion of the bill. Disputes over billing accuracy that are not amicably resolved between the parties within 20 days of written notice to FPUA from St. Lucie County shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 10 below. 7. North Hutchinson Island Service Agreement: Upon execution ofthis Agreement, the current North Hutchinson Island Bulk Utility Service Agreement between the County and FPUA g:lattylagreemntinterloclfpua-Ex4 2-9 ... y ..." ("NHI Bulk Service Agreement") shall be automatically terminated, and the Bulk Service Agreement shall take immediate effect for service to North Hutchinson Island, subject to the following bulk water rate transition period: (1) for a period of two years from the date of this Agreement, the bulk water rate shaU remain at the current rate charged by FPUA to the County under the NHI Bu]k Service Agreement ("Current Rate"); (2) commencing at the end of the two year period, and on the same date for the next three years, the bulk water rate will be reduced by one quarter of the difference between the Current Rate and the bulk water rate for the same time frame as calculated under the Bulk Service Agreement (including any applicable incremental increases); (3) commencing at the end of fifth year, the bulk water rate shall be the same as the then current bulk water rate under the Bulk Service Agreement (including any applicable incremental increases). St. Lucie County shall pay no Capital Improvement Charges or impact fees for development that is existing (or fully permitted by St. Lucie County and FDEP) at the time of this Agreement and for a period of two years from the date ofthis Agreement. St. Lucie County shall pay capacity fees to FPUA for all development on North Hutchinson Island permitted after said two-year period. 8. Airport Properties Service AgreementUpon execution ofthis Agreement, the existing water service agreements between FPUA and St. Lucie County for service to St. Lucie County's Airport Properties shall be automatically terminated and replaced by this Agreement. The partaies agree that the annexation agreement shall not be terminated. The rates for bulk service as set forth in this Agreement shall commence with the next billing cycle 30 day after the execution of this Agreement ("Changeover Date"). The rates for bulk service in the existing bulk water service agreement shall apply until the Changeover date. St. Lucie County shall pay no Capital Improvement Charges or impact fees for the existing bulk service provided at the Changeover Date. St. Lucie County shall pay capacity fees to FPUA for all development on St. Lucie County's Airport Properties permitted after the Changeover Date. 9. Term: The term of this Agreement shall be 30 years, and may be extended by the parties for 2 additional terms of 30 years which extension must be agreed upon on or before the 15th year ofthe initial term or an extension term, as applicable. Either party may terminate this agreement upon providing the other party 15 years written notice of termination; provided, however, that in the event the remaining term at the time of notice of termination is less than 15 years, the term of this Agreement shall be extended so that the Agreement will terminate in not less than 15 years. 10. Force Maieure: In the event that performance ofthis Agreement by either party to this Agreement is prevented or interrupted beyond the control of either party, including, but not limited to, act of God or the public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability or labor or materials, rationing, civil insurrection, riot, radical or civil rights disorder or demonstration, strike embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, fáilure or breakdown of pumping transmission or other facilities, governmental rules or acts or orders or restrictions or regulations of requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, in order to decree or judgment or restraining order or injunction of any court, said party shall not be liable for such non- performance. 11. Laws of Florida: This Agreement shall be governed by the laws ofthe State of Florida and it shall become effective immediate]y upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions precedent for the rendering of service as set forth in this Agreement. g:lattylagreemntinterloc\fpua-Ex4 2-9 ... J< . """ ..., 12. Dispute Resolution: In the event either party to this Agreement is required to enforce this Agreement the following procedure shall be followed: 12.1 Prior to initiating any litigation between the parties, the initiating party shall provide a written notice to the non-initiating party of its intent to bring litigation together with a reasonably detailed description of the nature of the claim. Within ten (10) days of receipt of such notice, the parties shall schedule a pre-litigation mediation proceeding which meeting shall take place within twenty (20) days or such other time as the parties may agree to attempt to mediate an amicable resolution of the dispute. The parties shall cooperate with each other to select a mutually agreeable mediator. The cost of mediation shall be borne equally by each party. Mediation shall take pJace at the FPUA administrative compJex. 12.2 Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, that is not resolved through the mediation process specified in subsection 12.1, shall be resolved by binding arbitration, before a three member panel, in accordance with the rules then obtaining ofthe American Arbitration Association. Each party shall select one arbitrator and the two arbitrators so selected shall select a third arbitrator. The third arbitrator must have experience in the water and wastewater utility operations and management business. Arbitration shall take place at the FPUA's administrative complex. Any judgment upon the award rendered may be entered in any court havingjurisdiction. The cost of arbitration shall be borne equally by each party. Each party shall bear its own attorneys fees and costs arising out of any mediation and arbitration. MISCELLANEOUS PROVISIONS 13. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 14. Exhibits mentioned in this Agreement are hereby incorporated herein by reference and made a part hereof as fully set forth herein. 15. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 16. No agreement shall be effective to add to, change, modify, waive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto. In the event that any non-material provision of this Agreement is determined to be of no force and effect by a court of law, such provision shall be severed from this Agreement and the remaining Agreement shall continue in full force and effect. /" 17. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 18. Within sixty days of execution of this Agreement, St. Lucie County shall provide FPUA with a 5-year projection of bulk water and wastewater demands at all connection points. St. Lucie County shall update the 5-yearprojection annually thereafter during the term of this Agreement. 19. In the event that during the term of this Agreement, St. Lucie County elects to construct water or wastewater treatment capacity for new development not already served under this Agreement, then St. Lucie County shall provide FPUA with 5 years prior notice of such construction. Such construction may not replace existing demand on FPUA's bulk supply (unless such notice is accompanied by a notice of termination of this Agreement, in which event the constructed capacity g:\attylagreemntinterloc\fpua-Ex42-9 lit " It '-" ...", may not be used to replace existing demand on FPUA's bulk supply until the effective date of the termination of this Agreement). 20. During the term of this Agreement, S1. Lucie County shall not reduce the number of ERC's of water and wastewater service utilized under this Agreement and furnish those S1. Lucie County Customers with water and wastewater service from another source, including one owned and operated by S1. Lucie County (provided the County may continue to provide water and wastewater service from its existing water and wastewatèr facilities until the current capacity of those existing systems is fully utilized). This requirement shall allow, however, for normal fluctuations in water and wastewater demand. 21. During the term ofthis Agreement, FPUA shall be the exclusive bulk service provider to S1. Lucie County within Area B, subject to the following conditions: (1) to the extent that FPUA denies a Service Request from S1. Lucie County, S1. Lucie County may meet such Service Request from another source, including one owned and operated by S1. Lucie County; (2) to the extent that S1. Lucie County currently receives bulk utility service from the City of Port S1. Lucie for the Okeechobee Road corridor, S1. Lucie County may continue such bulk service but only to the extent of capacity reserved as of the date ofthis Agreement as set forth on Attachment A to this Agreement; and (3) to the extent that S1. Lucie County secures emergency interconnections with other utility systems and utilizes such emergency interconnections for temporary or emergency service needs. 22. S1. Lucie County's retail customers in the bulk water service areas will be subject to the same water use restrictions as may be imposed on FPUA's retail customers under emergency conditions. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: FORT PIERCE UTILITIES AUTHORITY By: ................................... . ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By: FPUA General Counsel /" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: ................................... . Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk By: S1. Lucie County Attorney g:lattylagreemntinterloc\fþua-Ex4 2-9 --- ----- -........- -- - -- .......- ~ \..; ...., Board of County Commission Consent Agenda Items ., AGENDA REQUEST -.I ITEM NO. C21r' DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Amendments to Agreements with George D. Dugan, III and Kirschner & Garland to provide legal representation to indigents in criminal cases BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Amendments to the George Dugan, Esq. And Kirschner & Garland, P.A. as outlined. COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do s M. Anderson County Administrator Review and Approvals [X] County Attorney:L []Management & Budget: [ ]Purchasing: [ ] Comm, Development.: [ J Public Works Director [x ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 '-" ~ , INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 04-120 DATE: January 26, 2004 SUBJECT: Amendments to Agreements with George D. Dugan, III and Kirschner & Garland to provide legal representation to indigents in criminal cases. BACKGROUND: The Board of County Commissioners went out for Request for Proposals to provide legal representation in criminal cases for indigent adults and juveniles in St. Lucie County when the Public Defender is precluded from representation. The Board of County Commissioners accepted the proposals and entered into contracts with George Dugan, III, Esq. for indigent juvenile representation and Kirschner & Garland, P.A. for indigent adult legal representation, excluding capital felonies. In November 1998, the Florida Electorate approved Revision 7 to Article V of the Flo~ida Constitution. Article V provides for the judicial branch of state government. Revision 7 required the State to fund the Court System except for local requirements. The State is supposed to start funding the Court System effective July I, 2004. As of July I, 2004, the County will no longer be obligated to provide legal representation for indigents in criminal cases. Kirschner & Garland's contract would expire without an extension of it on February 28, 2004. Kirschner & Garland's contract provided for an annual yearly increase equal to the annualized consumer price index. Staff is recommending extending this contract to June 30, 2004 with the CPI for preceding 12 months increase at a rate of 1.8~o. George Dugan's contract would not expire till February 28, 2006. Staff recommends terminating this contract as of June 30, 2004. '-" ...., . RECOMMENDA TION/CONCLUSION: Staff recommends the Board approve the Amendments to the George Dugan, Esq. and Kirschner & Garland, P.A. as outlined above. Respectfully submitted KMS/ cb /~ Katherine MacKenzie-Smith Assistant County Attorney H: \AgendaMemo-KMS3a.wpd ~ ...." AMENDMENT TO FEBRUARY 18, 2003 AGREEMENT BETWEEN ST. LUCIE COUNTY AND KIRSCHNER & GARLAND, P.A. FOR LEGAL REPRESENTATION OF INDIGENTS FOR NON-CAPITAL FELONIES AND MISDEMEANORS THIS AMENDMENT is dated this _ day of ,2004, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and KIRSCHNER & GARLAND, P.A., a professional association organized and existing under the laws of the State of Florida, hereinafter referred to as "Attorney." WHEREAS, the parties entered into an Agreement (the "Agreement") wherein the Attorney agreed to provide legal representation to indigent criminal defendants for n the Public Defender is precluded from WHEREAS, the parties now desire to extend the term of the Agreement, pursuant to Article 2 of the Agreement, up to and including June 30, 2004; and, WHEREAS, Article 4 of the Agreement provides for yearly increases in compensation and the parties wish to amend the Agreement to include the increases in compensation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the February 18, 2003 Agreement, as amended as follows: G :\A TTY\KA THERIN\KA THERIN\Kirschner Amend2-04. wpd '-" '..I 1. ARTICLE 2- TERM OF THE AGREEMENT is hereby amended to read as follows: ARTICLE 2 - TERM This Agreement shall take effect on the 29th day of February 2004, and continue until the 30th day of June 2004, provided that the Agreement has not been canceled as provided herein. This Agreement may be extended upon the consent of the contracting parties. This Agreement may be terminated by either party without cause at anytime upon thirty (30) days written notice. Notwithstanding termination pursuant to this paragraph, Attorney shall complete each case assigned to him during the term through final disposition of the case. 2. ARTICLE 3. - PAYMENTS TO ATTORNEY of the February 18, 2003 Agreement, as amended is hereby amended to read as follows: ARTICLE 3- PAYMENTS TO ATTORNEY A. COMPENS,t\TIO all pay to Attorney the e terms of the amended Effective ,February 2 unty following amounts for eàch case assIg ed pu sudnt to Agreement. CURRENT COSTS A. Non-Capital Felony Cases: $XXX.XX B. Misdemeanor Cases: $XXX.XX C. Violation of Probation Pending with Felonies: $XXX.XX D. Re-sentencing: $XXX.XX G :\A TTY\KA THERIN\KA THERIN\Kirschner Amend2-04, wpd '-"' """ 3. Except as amended herein, the remaining terms and conditions of the February 18, 2003 Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Attorney has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: Attorney WITNESSES: KIRSCHNER & GARLAND, P.A. BY: Jonathan Jay Kirschner BY: Jeffrey H. Garland G :\A TIY\KA THERIN\KA THERIN\Kirschner Amend2-04.wpd -- - - '-' ...." AMENDMENT TO FEBRUARY 18,2003 AGREEMENT BETWEEN ST. LUCIE COUNTY AND GEORGE D. DUGAN, III, ESQUIRE FOR LEGAL REPRESENTATION OF INDIGENTS IN JUVENILE DELINQUENCY CASES THIS AMENDMENT is dated this _ day of , 2004, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and GEORGE D. DUGAN, III, a professional association organized and existing under the laws of the State of Florida, hereinafter referred to as "A ttorney. II WHEREAS, the parties entered into an Agreement (the "Agreement") wherein the Attorney agreed to provide legal representation to indigent criminal defendants for juvenile Defender is precluded from representation; WHEREAS, the parties now desire to extend the term of the Agreement, pursuant to Article 2 of the Agreement, up to and including June 30, 2004; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the February 18, 2003 Agreement, as amended as follows: 1. ARTICLE 2- TERM OF THE AGREEMENT is hereby amended to read as follows: G :\A TTY\KA THERIN\KA THERIN\DugonAmendment .wpd - - - ~ ...." ARTICLE 2 - TERM This Agreement shall continue through and until the 30th day of June 2004, provided that the Agreement has not been canceled as provided herein. This Agreement may be extended upon the consent of the contracting parties. This Agreement may be terminated by either party without cause at anytime upon thirty (30) days written notice. Notwithstanding termination pursuant to this paragraph, Attorney shall complete each case assigned to him during the term through final disposition of the case. 2. Except as amended herein, the remaining terms and conditions of the February 18, 2003 Agreement as amended shall remain in full force and effect. . IN WITNESS WHEREOF, the County has hereunto subscribed and the Attorney has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: KIRSCHNER & GARLAND, P.A. BY: Jonathan Jay Kirschner BY: Jeffrey H. Garland G :\A nY\KA THERIN\KA THERIN\DuganAmendment, wpd \,./ AGENDA REOUEST ." ITEM NO.JJL Date: February 10, 2004 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 04-016 - Permission to Advertise BACKGROUND: See C.A. No. 04-151 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMEND A nON: Staff requests permission to advertise proposed Ordinance No. 04-016 for public hearings before the Local Planning Agency on March 18, 2004, and the Board of County Commissioners on April 6, 2004 and April 20, 2004, beginning at 7:00 p.m. or as soon thereafter as maybe heard. COMMISSION ACTION: CE: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ,,~ Coo rdination/Sil!na tu res Mgt & Budget: C~ ,,~J. ~~S)0A 'I<.. Other. i '---'" Purchasing: Originating Dept: Other: 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: 04-151 DATE: January 29, 2003 SUBJECT: Ordinance No. 04-016 - Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 04-016 which would amend the Land Development Code by creating Section 7.1 0.24 to establish height limitations for outside storage of intermodal containers at warehouses and storage services-stockyards. An intermodal container is a type of container which may be loaded on a ship, a train, or a tractor trailer. Under the proposed ordinance, the containers could not be stacked in excess of sixteen feet (16'). The standard height of a container is eight feet (8'). These facilities are permitted only in Industrial-Heavy (I-H) zoning districts and require a conditional use permit. The ordinance was drafted at the request of the Harbor Advisory Committee. On January 23, 2004, the Committee voted 7-0 to recommend approval of the proposed ordinance. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 04-016 for public hearings before the Local Planning Agency on March 18, 2004, and the Board of County Commissioners on April 6, 2004 and April 20, 2004, beginning at 7:00 p.m. or as soon thereafter as maybe heard. Respectfully submitted, '~~ Heather Yõung Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Development Director Deputy Clerk Press/Public ~ ....,¡ ORDINANCE NO. 04-016 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 7.10.24, OUTSIDE INTERMODAL CONTAINER STORAGE HEIGHT LIMITATIONS FOR WAREHOUSES AND STORAGE SERVICES-STOCKYARDS; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICA TION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-003 - 91-021 - 93-001 - 93-005 - 93-007 - 94-018 - 95-001 - 97 -001 - 97 -003 - 99-002 - 99-004 - March 14, 1991 November 7,1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4,1997 September 2, 1997 April 6, 1999 August 17, 1999 91-009 - 92-017 - 93-003 - 93-006 - 94-007 - 94-021 - 96-010 - 97-009 - 99-001 - 99-03 - 99-005 - May 14, 1991 June 2,1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7,1997 February 2, 1999 August 17, 1999 July 20, 1999 -------------------------------- Ordinance #04-016 Draft #2 Underline is for addition Ctriltc Ti'lrough is for deletion Page 1 PRINT DATE: 1/29/04 ~ 99-015 - 99-017 - 00-010 - 00-012 - 01-003 - 02-009 - 02-029 - July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 99-016 - 99-018 - 00-011 - 00-013 - 02-005 - 02-020 - 03-005 - ....J July 02, 1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7, 2003 3. On XX XX, 2004, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be approved. 4. On XX XX, 2004, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XX XX, 2004. 5. On XX XX, 2004, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XX XX, 2004. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: -------------------------------- Ordinance #04-016 Draft #2 Underline is for addition Clriltc Throtl~h is for deletion Page 2 PRINT DATE: 1/29/04 '" ..." **************************** CHAPTER VII 7.10.00 SUPPLEMENTAL STANDARDS 7.10.24 OUTSIDE INTERMODAL CONTAINER STORAGE HEIGHT LIMITATION FOR WAREHOUSES AND STORAGE SERVICES- STOCKY ARDS Outside storage of intermodal containers at warehouses and storage services-stockyards shall not exceed a height of sixteen (16) feet. *********************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. -------------------------------- Underline is for addition Striltc Throt:Jgh is for deletion Ordinance #04-016 Draft #2 Page 3 PRINT DATE: 1/29/04 -- -- - '-' ...., PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX PART H. CODIFICA TION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. -------------------------------- Underline is for addition Strike Throl:Jgh is for deletion Ordinance #04-016 Draft #2 Page 4 PRINT DATE: 1/29/04 - -- - ~ ...." PASSED AND DULY ENACTED this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY I FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: \atty\ordnance \2004 \04016.wpd -------------------------------- Underline is for addition Ctril(c Tl'irôtlgi"i is for deletion Ordinance #04-016 Draft #2 Page 5 PRINT DATE: 1/29/04 ¡ I / AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [xJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: y [ ] Information Tech.: ITE~O. c2<2- DATE: February 10, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Daniel S. McIntyre County Attorney Acceptance of Florida DEP Land & Water Conservation Fund Grant in furtherance of the River Park Marina See attached memorandum. The Board approved submitting the grant application on April 22, 2003. The Board approved signing the application for the Land and Water Conservation Fund Grant on August 12, 2003. Staff recommends that the Board of County Commissioners accept the grant award and authorize the Chairman to sign the Grant Agreement. Review and A [ x ]Management & Budget: [ J Public Works Director [x ]Finance:(check for copy only, if applicable) Doug M. Anderson County Administrator [ ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 ... \0. ~ "'-" INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 04-141 DATE: January 27, 2004 SUBJECT: Acceptance of the Florida DEP Land & Water Conservation Fund Grant in furtherance of the River Park Marina - LWCF Grant BACKGROUND: A ttached is a Grant Agreement with Florida Department of Environmental Protection, Land, Land and Water Conservation Fund grant from the National Park Service. This competitive grant from the Department of Environmental Protection is similar in nature to FRDAP grants. However, the emphasis of this grant program is to improve or develop parks adjacent to water bodies. Because of its location next to the St. Lucie' River, River Park Marina will be a positive site for the grant. The Grant will fund the construction of a shoreline revetment, mooring dock, observation decks, fishing platform, picnic pavillions, canoe launch, and trail connection at River Park Marina. The Board approved submitting the grant application on April 22, 2003. The Board approved signing the application for the Land and Water Conservation Fund Grant on August 12, 2003. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the Grant Agreement and authorize the Chairman to sign the agreement. Respectfully submitted Daniel S. McIntyre County Attorney .. ~ ....I 12-00467 (LWCF Project Number) LW467 DEP Contract Number CFDA Number: 15.916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2002-2003 PROJECT AGREEMENT-DEVELOPMENT .This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the "Department"), and the ST. LUCIE COUNTY, whose address is 2300 Virqinia Avenue , Fort Pierce. Florida, 34982-5652 (hereinafter called the "Grantee"), a local government, in furtherance of the River Park Marina project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021 (4), Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 379, which has been approved by the Department. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this 'Project Agreement and end no later than three (3) years from the date of Agreement execution, inclusive. The Project Agreement shall be performed in accordance with Chapter 620-5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the Program), and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual). The Manual refers to the federal code of regulations (CFRs) applicable to this Agreement. The following table identifies several of the key CFRs addressed in the Manual,but . does not limit the Grantee to compliance with only the CFRs id~rïtlfièçf -in the table. . r-.~ ;_~~~~,.,--" ,-. : DEP Agreement No. LW467, Page 1 of 12 JAN16 DEP 55-239J12/03)- ,-'r . . - '-" ....I CFR Cite Title 36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post- Completion Compliance Responsibilities 36 CFR 800.8 Coordination With the National Environmental Policy Act 43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance Programs 43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of Interior The Grantee agrees to become familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Act and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as River Park Marina (Land and Water Conservation Fund, LWCF Project Number 12-00467), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the development of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS-A048. The approved Project Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement. 3. The Grantee shall construct, or cause to be constructed, specified public outdoor recreation facilities and improvements consisting of the following Project Elements which may be modified by the Department if Grantee shows good cause: Fishing pier, mooring dock, canoe launch, observation platforms, picnic pavilions, boardwalk, shoreline stabilization and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and compatible with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreational and DEP Agreement No. LW467, Page 2 of 12 DEP 55-239 (12/03) '-" ...., natural values of the area. This site development plan may be altered by the Grantee, only after written approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200.000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department (federal) Program Amount Grantee Match Amount Total Project Cost $200,000.00 $200,000.00 $400,000.00 Type of Match (Cash and/or Donations) B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project. If the documentation is sufficient and meets the requirements of the Land and Water Conservation Fund Program Required Project Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will approve the request for payment. 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. State guidelines for allowable costs can be found in the Florida Department of Financial Service's Reference Guide for State Expenditures at www.dbf.stateJl.us/aadir/reference quide and allowable costs for federal programs can be found under 48 CFR Part 31 at http://www.access.qpo.qov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A- 122, A-21 , at http://www.whitehouse.qov/omb/circulars/index.html#numer¡cal. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and DEP Agreement No. LW467, Page 3 of 12 DEP 55-239 (12/03) '-' ...I incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the procurement requirements specified in 43 CFR 12.76. Expenses representing the Project costs, including the required matching contribution, shall be reported to the Department and summarized on certification forms provided in the Procedure. The Department and Grantee agree to use the Procedure guidelines in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be approved in advance in writing by the Department to be considered eligible Project expenses. 10. Project funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 620-5.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s.62D-5.073(2)(a) of the Rule. The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. Preagreement Costs Approved: Description of Work Performed Amount Approved None $0.00 Total Preagreement Costs Approved: $0.00 11. A. Prior to commencement of Project development, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Required Project Commencement Documentation Form, DEP Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the Department. Upon determining that the documentation complies with the Rule, the Department will give written notice to Grantee to commence the development and approve the request for payment. B. Upon execution of this Project Agreement, the Grantee acknowledges the prior receipt of the LWCF Grants-in Aid Manual, the Division of Recreation and Parks' Grant and Contract Accountability Procedures, and the required project commencement documents listed below that must be completed by the Grantee, if applicable, and returned to the Department DEP Agreement No. LW467, Page 4 of 12 DEP 55-239 (12/03) '-" ~ within sixty (60) days following the execution date of this Project Agreement. C. Required Project Commencement Documentation for Development Agreements: 1. Boundary Survey 2. Title Search 3. Certification of Manual Possession 4. Site Plan (2 copies) 5. List of Facilities and Improvements for Construction with Related Costs 6. Permitting Certification 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of Project construction and shall certify that it has done so to the Department by completing the Land and Water Conservation Program Project Permitting Certification, DEP Form FPS-A052, referenced in s. 62D-5.073(7)(e)(1) of the Rule. 13. The Grantee shall complete all Project construction by the completion date established in paragraph 1, above. 14. Project completion means the Project is open and available for use by the public. The Project must be completed prior to release of final reimbursement. 15. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for equipment acquired with federal funds shall be retained for five years following final disposition. 16. In addition to the provisions contained in Paragraph 15 above, the Grantee shall comply with the applicable provisions contained in Attachment A, Special Audit Requirements, attached hereto and made a part hereof. A revised copy of Attachment A, Exhibit-1, must be provided to the Grantee with each amendment DEP Agreement No. LW467, Page 5 of 12 DEP 55-239 (12/03) '-' ...,¡ which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/488-7896 to request a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the Department for the Grantee's noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case 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 wo~k under this Agreement is not protected under Florida Workers' Compensation law, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 21. The Department's Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified in the Project Application, or successor, shall act on behalf of the Grantee relative to the provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit to the Department signed Project status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Photographs to reflect the construction work accomplished shall be submitted when the Department requests them. Any and all notices shall be deemed DEP Agreement No. LW467, Page 6 of 12 DEP 55-239 (12/03) .-. .." effective and sufficient if sent via U.S. mail, facsimile (fax), or by hand-delivery to the parties at the following addresses: Grantee's Liaison Agent Name: Don McLam Entity: St. Lucie County Address: 2300 Virginia Avenue City, State, Zip: Fort Pierce, FL 34982-5652 Phone: 772-462-1514 SunCom Phone: Fax: 772-462-1444 SunCom Fax: Email: OONM@stlucieco.gov Department's Grant Manager Name: Collier Clark Entity: Florida Department of Environmental Protection Address: 3900 Commonwealth Boulevard, MS585 City, State, Zip: Tallahassee, Florida 32399-3000 Phone: (850) 488-7896 SunComPhone: 278-7896 Fax:· (850) 488-3665 SunCom Fax: 278-3665 Email: collier.clark@dep.state.fI.us 22. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department. 23. The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non-compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the Grantee by the Department to the date repayment is DEP Agreement No. LW467, Page 7 of 12 DEP 55-239 (12/03) '-" .....I made by Grantee. 26. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 27. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances in developing this Project. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 28. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 29. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 30. By acceptance of the provisions of this Project Agreement, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation site for the use and benefit of the public, as stated in s. 620-5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 31. The Grantee agrees to operate and maintain the Project site as stated in s. 620- 5.074(2) of the Rule. The Project site, Project-related facilities, and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project-related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any DEP Agreement No. LW467, Page 8 of 12 DEP 55-239 (12/03) ~ ..." and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 32. The Grantee shall not, for any reason, convert all or any portion of the park for .' any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the Manual and s. 620-5.074(3) of the Rule. 33. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. 34. In the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 35. If the Department determines that site control is not sufficient under the Rule or has been compromised, the Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 36. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 37. A. 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, the Grantee shall submit Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), 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. (43 CFR Part 18) DEP Agreement No. LW467, Page 9 of 12 DEP 55-239 (12/03) 38. A. '-' "-" B. 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. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be exclud,ed from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 39. Each party hereto agrees that it shall be solely responsible for the 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 s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12.100-.510), 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 by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ÇQQy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - DEP Agreement No. LW467, Page 10 of 12 DEP 55-239 (12/03) '-" ~ Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 42. This Project 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 Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida 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 Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 43. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 44. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 45. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the Department. 46. The parties hereto acknowledge and agree that the provisions contained in paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Agreement established in paragraph 1. 47. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LW467, Page 11 of 12 DEP 55-239 (12/03) ~ ...., IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ST. LUCIE COUNTY By: Division Director Division of Recreations and Parks and State Liaison Officer (or designee) By: Printed Name Date: Title Date: FEID No.: Address: Bureau of Design and Recreation Services (MS 585) Division of Recreations and Parks 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Address: ~~ DEP Grant Manager Grantee's Attorney Approved as to form and legality for use by Suzanne Brantley, Assistant General Counsel on 12/08/2003. Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages) Attachment C - Certification Regarding Debarment/Suspension (2 pages) DEP Agreement No. LW467, Page 12 of 12 DEP 55-239 (12/03) .....'? '-' ....I ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-I33, 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 Department of Environmental Protection. In the event the Department of Environmental Protection detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department 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 Chief Financial Officer 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-B3, as revised. 1. In the event that the recipient expends $300,000 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-I33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised.,. 3. If the recipient expends less than $300,000 in Federaì awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-l33, as revised, is not required. In the event that the reciptent expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-I33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. L W467, Attachment Pi, Page 1 of 5 DEP 55-215 (01/02) '-' .."J PART II: STATE FUNDED This part is applicable if the reGipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 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 Chief Financial Officer; 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 assistanc~ awarded through the Department of Environmental Protection by this Agreement. In detennining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. 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. 3. If the recipient expends less than $300,000 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 $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in ac,~ordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For infonnation regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Web site http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for fU'fding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. 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: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. LW467, AttachmentA-, Page 2 of 5 DEP 55-215 (01102) '-" -' B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) 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 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. 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 Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 I, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to ~he Department of Environmental Protection at the following address: Audit Director , 'Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection 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. DEP Agreement No. L W467, Attachment A. Page 3 of 5 DEP 55-215 (01/02) ~ .....I PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LW467, Attachment /1. 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E", <>- ~N ~~ p"p" t-LIt-LI 00 '-" ..." Approved by OMB 0348-0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this fonn to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: I D a. contract D a. bid/offer/application D a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date oflast report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name 0 and Address of Prime: o Prime Subawardee Tier , ifknown: Congressional District, ifknown: Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program NamelDescription: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: . S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (ifindividual. last name.jìrst name, MI): different from No. lOa) (last name, first name, MJ): ,- (attach Continuation Sheet(s) SF-LLLA. i(necessary) 11. Information requested through this form is authorized by title 31 U.S.c. Signature: section 1352. This disclosure of lobbying acthities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.c. 1352. This Information will be reported to Title: Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date: penalty of not less than 510,000 and not more tban 5100,000 for each sucb failure. Federal Use Only: I Authorized for Local Reproduction Standard Fonn - LLL (Rev 7 - 97) Form DEP 55-221 (01101) DEP Agreement No. LW467, Attachment B, Page 1 of 2 ~ ...,¡ INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or sub award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardnoan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full ~ame, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no pérsons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducin this burden, to the Office of Mana ement and Bud et, Pa erwork Reduction Pro'ect 0348-0046, Washin ton, D.C. 20503. Fonn DEP 55-221 (01/01) DEP Agreement No. LW467, Attachment B, Page 2 of 2 \wr. ....,¡ ATTACHMENT C CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW467 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 certification been convicted of or had a civil judgment rendered against them for commission of fraud or 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 NamerIïtle Contractor's Firm Name Street Address Building, Suite Number City/Staté::/Zip Code Area Codeffelephone Number Form DEP 55-220 (01101) Page 1 of2 DEP Agreement No. LW467, Attachment £, Page 1 of 2 \.,¡ .."" INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this fonn, 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 detennined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debannent. 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 tenns 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 sha1l not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debannent under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it wiIl include this clause titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in a1l 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 is proposed for debannent under 48 CFR 9, subpart 9.4, 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 detennines 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 contai~ed in the foregoing sha1l be cogstrued to require establishment of a system of records in order to render in good faith the certifi'cation required by this clause. The knowledge and infonnation of a participant is not required to exceed that which is nonnally posses. sed by a prudent person in the ordinary course of business dealings. 9. Except for p-ansactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier cÇ>vered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debannent. DEP FORM 55-220 (01101) Page 2 of 2 DEP Agreement No. LW467, Attachment £, Page 2 of 2 ~ LWCF COMMENCEMENT DOCUMENTS , PACKET FOR FY 2002-2003 THE ENCLOSED DOCUMENTS MUST BE COMPLETED AND RETURNED TO THE BUREAU OF DESIGN AND RECREATION SERVICES BY MARCH 1, 2004 4 ,.-'0......,._ 0",,",' r....-,.>.. ~.'__'.,_ , r~ IÎi . c, ¡c) i -i,~¿::::~'::':"",_ 'JAN I 1--_~-<-----_.-' -- r~ ( ,', ",'...... ........ ---- -- "-' ...,¡ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM Required Project Commencement Documentation Document Acquisition Development Grantee Documentation of X Condemnation (if applicable) Written Offer to Purchase with X Statement Of, or Waiver Of, Just Compensation Relocation Plan for Displaced Residents X (pL 91-646, if applicable) Mean or Ordinary High Water Survey, X if applicable Appraisals (2 copies) X Boundary Survey (2 copies) X X Title Search X X Site Plan (2 copies) X List of Facilities and Improvements X for Construction with Related Costs Pennitting Certification X Development projects using land value as match, will need to provide 2 copies of Appraisals, a Waiver of Just Compensation and a Relocation Plan for Displaced Residents (pL 91-646) in addition to the required development documents listed above. FPS- A050 Revised (10/02) ~ ....... ......... ........ ~ Florid.aDepartrnent.O¡·Ef1vironI11ental.Protection ... Land ahd Wate.r Conservation Fund Pre -ReimbursementlCommencementDocumentation - Development Prior to requesting reimbursements, submit the following items to the Department for approval: 1. A site plan for the project prepared, dated and signed by an insured, registered architect, engineer or landscape architect (detailed specifications not required). In addition, the project liaison is required to sign and date the site plans. If part of a larger simultaneous development, highlight elements for the grant project. (2 copies) 2. A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities to be constructed, and cost estimate for each item, signed and dated by the project liaison. 3. Permitting Certification signed and dated by the liaison agent. 4. A boundary survey of the project site, which includes a legal description of the property, prepared and signed and sealed by a Florida, registered land surveyor. This boundary survey is only required if changed from the original boundary survey submitted earlier with the Approved Project Documentation Packet. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) 5. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property. If a title search has not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property. 6. If donated land will be used as a match, obtain aßelf contained narrative appraisal. The appraisal must be prepared by an appraiser on DEP's Division of State Lands (DSL) approved appraiser list. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application period. The appraisal(s) will be reviewed by a fee appraiser under contract with DSL. Payment of appraisal review fees will be the responsibility of the grantee and will be made by the grantee upon and pursuant to direction of the Bureau of Design and_Recreation Services. These costs are not reimbursable. (2 copies) Following approval of this documentation, the Department will issue written authorization to commence project development and submit reimbursement request. -.-.. - ~ ......... '--' ....J. Florida Department Of Environmèntal Protection land and Water Conservation Fund Program Project Permitting Certification Grantee Project Name , Project Number The Project Sponsor certifies that all final plans and specifications (i.e.; site, architectural, engineering) to be used in conjunction with the above referenced project were prepared and certified by an insured, registered architect, engineer, or landscape architect (as appropriate) and meets all applicable federal, state and local codes, and current engineering practices; that health, safety, durability and economy were considered and incorporated in these plans consistent with the scope and objectives of the project; that equal access pursuant to the requirements of Federal law and Chapter 553 Florida Statutes, is incorporated in the design of all facilities for individuals with disabilities; that the proposed development is compatible with its surrounding environment; that all required local, state and federal environmental permits and approvals have been obtained; and that provisions have been made to insure adequate supervision of construction by competent personnel. Date Project Liaison Agent FPS-A052 (7/15/01 ) - - ~ . ~ LAND AND 'WATER CONSERVATION FUND PROGRAM GRANTEE: PROJECT TITLE: PROJECT NUMBER: I , hereby certify that has in its possession a Land and Water Conservation Fund Manual. SIGNED: DATE: '\,./ ~ ...., AGENDA REQUEST ITEM NO. ~D DATE: February 10, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Release' of Bond - Sterling Silver Scape & Sod, Inc. - C02-05-549 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board authorize the release of the Public Construction Bond. COMMISSION ACTION: "'] APPROVED [] DENIED [ ] OTHER: Approved 5-0 - D 91as Anderson County Administrator o.vReview and Approvals County Attorney: ~ ' Management & Budget Originating Dept. Public Works Dir:~ '. Finance: (Check for copy only, if applicable) Purchasing: County Eng.: /UV? Eff. 5/96 '-' "wII I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-178 DATE: February 2, 2004 SUBJECT: Release of Bond - Sterling Silver Scape & Sod, Inc. - C02-05- 549 ************************************************************************** BACKGROUND: On May 28, 2002, the Board entered into a contract with Sterling Silver Scape & Sod, Inc. to provide landscaping on South 25th street, from Midway Road to Airoso Boulevard. The contract provided that the landscape contractor guarantee the plant material for a period of one year from the date of conditional acceptance of the landscape portion of the project. On August 26, 2003, the Board accepted .the construction of the South 25th Street Landscaping Project and granted permission to terminate the twelve months maintenance of the contract. On January 20, 2004, the landscape contractor requested a release of the bond for this project (copy attached). The Engineering Division has no objection to this request (see attached memorandum dated January 22, 2004). RECOMMENDA TION/CONCLUSION: Staff recommends that the Board authorize the release of the Public Construction Bond. Daniel S. McIntyr County Attorne DSM/ caf Attachments '-' ...." DIVISION OF ENGINEERING MEMORANDUM TO: Dan Mcintyre, County Attorney t¡I 04-038 ! ~'~Œ-® Œ'Tw.~. '¡ ¡ : U \ r---·-~ .' . - 1 ¡ I: I¡()j JAM 262004 \~ ,., ~-- --~,J --v . J~ (">, n '" ' -". COliN í /-\' ì Un,:~:' ,..,..,...,.--_...-~""""-"-"'" FROM: Mike Powley, County Engineer MVf DATE: 1/22/04 SUBJECT: South 25th Landscaping Project On August 26, 2003, the Board of County Commissioners accepted the construction of the South 25th Street Landscaping Project and granted permission to terminate the twelve months maintenance of the contract number C02-05-549. On January 20, 2004, the County received a request from Sterling Silver Scape & Sod, Inc. to release the bond for this project. The Engineering Division has no objections to this request. To that end, your help in executing this request is greatly appreciated. If you need any assistance, please call Chester Belcher, Project Manager, at extension 2184. cc: Don West. Public Works Director Maria Formoso, Capital Projects Engineer Craig Hauschild, Senior Projects Engineer Chester Belcher, Project Manager '-" ....., ~it Sterling Silver Scape & Sod, Inc. J _:t Florida Licensed Landscape Contractor P.O. Box 450459·220] Par1in Settlement Rd.' Kissimmee. FL 34745-0459 Phone: 407-846-3225 . Fax: 407-846-3207 January 16, 2004 Mr, Chester Belcher St Lucie ComIty Department of Public Works 2300 Virginia Avenue Ft Pierce, Florida 34982 VIA MAIL & FAX 772-462-2362 R~fen:nce: 25th Su'~1 Lânds~d.ping (Midway Rd. to Airoso Blvd.) L JAN2 o~ Jill ENGINEERING Dear Chester, As our contact has been completed due to the removal of maintenance, we hereby request release of our bond for this project Please provide the required notification to our bonding company at your earliest convenience. Should you have any questions, please contact Christina Gonzales at our office. /dd File ~/' '-" """ AGENDA REQUEST ITEM NO. ~ DATE: February 10, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County; Permission to Advertise BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise Ordinance No.04-014 for March 2, 2004, which is a night meeting. [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ouglas Anderson County Administrator COMMISSION ACTION: ~ Review and Approvals County Attorney: 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: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO.: 04-156 DATE: January 29, 2004 SUBJECT: Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County; Permission to Advertise ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 04-014 (formerly 03-37) which, if adopted, would amend Section 1-15, Article II (Parks & Recreation) of the St. Lucie County Code of Ordinances and Compiled Laws. On November 9, 1982, the Board of County Commissioners adopted Ordinance No. 82- 10 which created Section 1-15-17 of the Code of Ordinances and Compiled Laws of St. Lucie County prohibiting access to the beaches from sunset to sunrise daily. It was suggested that it may be appropriate to further amend Chapter 1-15-17 to permit twenty-four hour access to St. Lucie County beaches and parks. This issue was referred to the Recreation Advisory Board for comments and recommendations. The Recreation Advisory Board ("RAB")discussed the issue of twenty-four hour access and reviewed information provided by the St. Lucie County Sheriff's office, Vanessa Bessey, Environmental Resource Manager, Wayne Teegardin, Risk Manager and Parks & Recreation Department. At the November 19, 2003, RAB meeting, a motion was passed to recommend to the Board of County Commissioners not to open up any access point to beaches past the current hours. On January 13,2004, the Board of County Commissioners directed staff to research and suggest two areas which could be opened for twenty-four hour access. The Parks & Recreation Department researched the issue and is recommending Waveland Beach and Pepper Park Beach as possible sites for twenty-four hour access (see attached memorandum from ~ ....., ; Assistant Parks & Recreation Director Linda Brown). Ordinance No. 04-014 has been drafted to reflect this suggestion. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 04-014 for March 2, 2004, which is a night meeting. Respectfully submitted, ~ . Katherine Mackenzie-Smith Assistant County Attorney KMS/ caf Attachment "" ....., i BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION MEMORANDUM To: From: Through: Subject: Date: Board of County Commissioners Linda Brown, Assist~:qirector Pete Keogh, Director n( I 24 hr. Beach Access February 2, 2004 ~' On January 13, 2004, staff presented Agenda # 6 addressing the 24-beach access issue. The Board directed staff to re-agenda the item and provide the following information. 1. Identify two specific beach accesses that could remain open 24 hrs. Staff has identified Waveland Beach Access located on South Beach and Pepper Park Access located on North Beach. 2. Security: Parks & Recreation park rangers will patrol beaches on a regular schedule. ¡ 3. Lighting: Waveland Beach parking lot is currently lit and Pepper Park currently has no lighting. No additional lighting is planned at this time due to permitting issues with DEP. DEP has indicated that it will not grant permits for additional lighting for the purpose of increasing access to the beach. Staff did look into alternative lighting which entails placing lights under the dune crossover rails. This alternative will not workat Pepper Park due to lack of accessible electric power and has proven to be a maintenance problem. 4. Sign age: After checking with other counties, John Lenfesty, Risk Management, has determined that they do not make any special provisions for 24 hour beach access and is recommending the installation of one sign at the entrance (among the other grouped signs) stating that the beach is "24 hour accessible-use at own risk". Upon approval by the Board of the two recommended locations, the signs can be made by Central Services' sign shop and installed by Parks & Recreation staff. This should take approximately two weeks. cc: Dan McIntyre, County Attorney Katherine McKenzie Smith, Assistant County Attorney Douglas M. Anderson, County Attorney Ray Wazny, Assistant Count Administrator Paul Julin, Parks Manager John Lenfesty, SafetylRisk Management JOHN D, ßRUHN, District No, 1 . DOUG COWARD. District No, 2 . PAULA A. LEWIS. District No..:3 . FRANNIE HUTCHINSON. District No, 4 . CLIFF ßARNES. Disrrict No, 5 County Adminisrraror - Douglas M, Anderson 2300 Virginia Avenue. Phone (772) 462-1515 · TDD (772) 462-1428 www.co.st-lucie.fl.u5 'w' ¡. , .-, AGENDA REQUEST -."J ITEM NO. 6 DATE: January 13, 2004 . .~: REGULAR [ R] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: eete Keogh . Director·· SUBJECT: Ordinance No. 03-37-Amending Section 1-15. Article II (Parks & Recreation) of the Code of Ordinances and Compiles Laws by providing for Twenty-four Hour Access to all Beaches and Parks. BACKGROUND: As directed by the BOCC, staff requested the Recreation Advisory Board (RAB) to make a recommendation as to the amendment of Ordinance No. 03-37-Amending Section 1- 15, Article II (Parks & Recreation) of the Code of Ordinances and Compiled Laws by providing for Twenty-four Hour Access to all Beaches and Parks. Staff met with the RAB on October 20th at which time county staff was requested to provide additional information at the November meeting. Staff met with the RAB on November 19th, provided the additional information requested and Meghan Conti, Environmental Specialist for the Bureau of Protected Species Management, gave a power point presentation. Upon review of all information, the RAB members made the unanimous recommendation not to allow 24 hour beach access to any beaches or parks due to liability, law enforcement, vandalism, and environmental issues. In August 2003, staff surveyed 30 comparable Florida Coastal County beach operations and received 21 responses. Of the 21 responses, 11 have their beaches open on a 24-hour basis and 10 operate from dawn to dusk. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that based on the Recreation Advisory Board's recommendation, that Ordinance No. 03-37, Section 1-15, Article II of the Code of Ordinances and Compiled Laws not be amended to provide for 24 hr access to any beaches oh>arks Staff directed to bring this item back to the Board after looking into the following items: -Utilizing one park on North and South Hutchinson Islands. -Arranging for supervision during evening hours -Lighting issues Coordination/Sianatures -Risk Management and Legal issues. County Attorney: W Management & Budget: Oñglnating Dap.!;¡, ,~...ir Pubflc Works: COMMISSION ACTION: [[,,! APPROVED [] DENIED ~ OTHER: Purchasing: Other: "" "" ORDINANCE NO. 04-014 AN ORDINANCE ESTABLISHING REGULATIONS TO GOVERN THE USE OF PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY TO ALLOW TWENTY -FOUR HOUR ACCESS TO W A VELAND BEACH AND PEPPER PARK BEACH WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(c) and (f), Florida Statutes, authorizes the Board to provide and maintain County buildings, parks, preserves, playgrounds, recreation areas, rights-of-way, and other public properties and facilities. 2. Section 125.01(1)(t), Florida Statutes, authorizes the Board to adopt ordinances necessary for the exercise of its powers. 3. The enjoyment, conservation, and protection of the properties and facilities owned or leased by St. Lucie County require the adoption of regulations to govern the use of such areas in accordance with the purposes for which those areas were intended. 4. It is in the best interest for the health, safety, public welfare and enjoyment of the citizens of St. Lucie County to permit twenty-four hour access to Waveland Beach and Pepper Park Beach. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE II OF CHAPTER 1-15 (REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY) Article II of Chapter 1-15 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY Underlined portions are added. Struck thrõugh portions are deleted, -1- '-" ...." SECTION 1-15-17. HOURS OF OPERATION All areas regulated by this article shall be closed from sunset to sunrise daily, except: (a) where otherwise posted; (b) for using designated areas reserved for the launching and retrieval of boats; (c) for attending or participating in events sponsored, provided, or authorized by a unit of St. Lucie County government~ íQ) Waveland Beach and Pepper Park Beach access points to the Atlantic Ocean. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January I, 1969, County ordinances and County resolutions, or parts thereo( in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within sixty days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. Underlined portions ore added, Struck through portions are deleted. -2- "'. """'" PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis Vice Chairman John Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward xxx XXX XXX XXX XXX PART G. CODIFICA TION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention: provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY I FLORIDA BY: Deputy Clerk Chqirman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Underlined portions are added, Struck through portions are deleted. -3- ,. ~ AGENDA REQUEST """"" ITEM NO. C-3 A DATE: Feb. 10,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: The United States Department of Agriculture Natural Resources Conservation Service awarded funds in the amount of$56,614. An estimated amount of$55,000 for 2003-2004 was initially budgeted, an additional $1,614 is required to equal the awarded grant amount. BACKGROUND: The Natural Resources Conservation Services (NCRS) needs to provide certain services in order to carry out their responsibilities. The District also desires to provide these services inorder to carry out their responsibilities, but does not have the resources available to provide these services. Therefore, the NCRS is willing to reimburse the District for a portion of the cost of Mobile Irrigation Lab (MIL) services in St. Lucie County, Florida in order to meet these responsibilities. FUNDS AVAILABLE: See the attached budget resolution PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 04-46 in the amount of $1 ,614. COMMISSION ACTION: []C.] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 NCE: oug Anderson ounty Administrator CoordinationlS ignatures ~ ~ hnP~ County Attorney: XX ~ Management & Budget: XX\. VV\~\VIPurchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGETI WPIAGENDA'SIAGENDA0412'1 OURBANM1LGRANTDOC ~ ..." RESOLUTION NO. 04-46 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 the US Dept of Agriculture in the amount of $1,614 which is an increase above the FY04 adopted budget of $55,000. 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 10th day of February, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001158-3720-331610-300 US Dept of Agriculture $1,614 APPROPRIATIONS 001158-3720-599330-300 Project Reserve $1,614 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes _ xxx XXX xxx XXX XXX PASSED AND DULY ADOPTED THIS 10th DAY OF FEBRUARY, 2004. A TT~ST: Ii BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-" r r..., State: Florida Agreement No.:68-4209-4-0107 Page 1 of 4 WORKING AGREEMENT Betwee.n ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT and the UN1TED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Relative To: Mobile Irrigation Lab Authority: 16 U.S.C. (590 a-f) THIS AGREEMENT, made and entered into this 2003 by and between the ST. LUCIE SOIL AND W ATER CONSERVATION DISTRICT (hereinafter called the "District") and the United States Department of Agriculture Natural Resources Conservation Service (hereinafter called the "Service"). The District and the Service have the conunon objective of helping to bring about the conservation, development, and wise use of land, water and related resources. Purpose: The NRCS needs to provide certain services to carry out their responsibilities. ThëDistrict also desires to provide these services in order to carry out their responsibilities, but does not have the resources available to provide these services. T~eFefore, NRCS is willing to reimburse the District for a portion of the cost of Mobile Irrlgation Lab (MIL) services in St. Lucie County, Florida in order to meet these responsibilities. This agreement, funded in part through the South Florida Water Management District (SFWMD), allows these services to be provided for the benefit of the residents of St. Lucie County. Therefore, the District and the Service deem it mutually advantageous to cooperate in this undertaking, and hereby agree as follows: A. The District Agrees: 1. To provide MIL services in accordance with attachment 'A', Plan of Work, which is hereby attached and made a part ofthis agreement. I ~ r r...." 2. To provide quarterly reports as to services provided to NRCS and SFWNID. 3. To absorb from its appropriations that portion of the cost of providing the MIL services not covered by reimbursement. 4. To bill the Service quarterly in accordance with the fixed price amounts shown on attachment A, Plan of Work. Bills shall be submitted to: USDA - Natural Resources Conservation Service Attn: Financial Management P.O. Box 141510 Gainesville, FL 32614-1510 B. The Service Agrees: 1. To reimburse the District an annual amount not to exceed $56,614.00 in accordance with attachment A, Plan of Work. This shall include advance of funds anticipated to be expended within thirty (30) days. Payment will be made to: ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT 2. To provide authorized technical assistance including, but not limited to, obtaining basic information; provide training in MIL operations; coordinate MIL operations; insure evaluations and recommendations are in accordance with NRCS procedures and Attachment A, Plan of Work. C. It is mutually understood and agreed: 1. TERM:. This agreement shall commence October 1, 2003 and shall conclude September 30, 2004. 2. METHOD ofP A YMENT. Payment will be made upon receipt of a properly certified SF-270. In the event services are not provided, payment shall be pro- rated to the amount of service actually provided. Payment will be made within thirty (30) days of receipt of an invoice provided by the District and Certified by the Service as to the actual service provided. The Service and the District will mutually resolve reimbursement of unusual costs of this service upon written request by the District. This notification should be prior to incurring any such expense by the District to the greatest extent practicable, and in no instance later than concurrent with the incurring of the expense. These documents shall be sent to: NATURAL RESOURCES CONSERVATION SERVICE P.O. Box 141510 Gainesville, FL 32614-1510 Attn: Financial Management ~ (- r..""" 3. INTENT TO COOPERATE. It is the intent of the Service and the District to fulfill their obligations under this agreement. However, commitments cannot be made beyond the period for which funds have been appropriated. In the event funds from which the Service or the District may fulfill their obligations are not appropriated, the agreement will automatically terminate. Reimbursement will then be for work completed that is otherwise eligible for reimbursement prior to the effective date oftennination as determined by the project managers. 4. TERMINATION. This agreement may be terminated by either party giving a thirty (30) day advance written notice to the other party. 5. MODIFICATION. This agreement may be modified by amendment duly executed by authorized officials of the District andthe Service, provided such modification does not extend this agreement beyond the close of the fiscal year in which the work is completed. 6. ADMINISTRATION. This agreement shall be administered in accordance with the provisions ofOJ\1B circulars A-87, A-t02, and A-128, 7 CFR 3015, and 7 CFR 3016. 7. OFFICIALS NOT TO BENEFIT. No member of Congress or Resident Supervisor shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this shall not be construed to extend to this agreement if made with a corporation for its general benefit. 8. NON-DISCRIMINATION. By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will-be conducted in compliance wit~ all applicable Federal civil rights laws, rules, regulations, and policies. ". '-' ,..... ( r.."" 9. DRUG-FREE WORKPLACE. Certification Regarding Drug-Free \Vork Place Requirements (Grants) For Alternative I - For Grantees Other Than Individuals, Form AD-I 049, is attached and made a part of this agreement. This Agreement was approved by the St. Lucie Soil and Water Conservation District on St. Lucie Soil and Water Conservation District United States Department of Agriculture Natural Resources Conservation Service By:/ By: Tax ill No. S-Cld-<?c..f-OG07 er 1 ~eIJ1:en~s-.Q actmg Officer '-', r r~ ATTACHMENT A Plan of Work This plan outlines payments and responsibilities of the participants. 1. Evaluations. Evaluation shall be conducted by the MIL on 140 systems. Evaluations will target 126 urban systems and follow-up on 14 systems to determine water savings for 12 months. These targets may change based on workload priority however the total number of evaluations shall be 140 for the 12 month period. Approximately twenty percent (20%) of the MIL time shall be devoted to public education. Evaluations shall meet the quality control standards set by the USDA NRCS State Conservation Engineer. Evaluations will be conducted as follows if practicable: . , 1. Irrigation Water Management. A. Inspection of sprinkler heads and coverage pattern. B. Lawn and plant typesllandscape features. C. Soil texture and water holding capacity. D. Rooting depth. E. Rate of water application F. Water conservation recommendations. G. Discussion of water conserving devices. H. Estimation of potential water savings. 1. Estimation of Immediate actual water savings 2. Water Quality A. Total Salts (TDS) i. 3. The MIL shall perform public education services approximately twenty per cent (20%) of its time. This may include activities in connection with preparation and delivery of water conservation presentations to community groups and events including, but not limited to schools, civic groups, and community events such as fairs, festivals, etc. Advance notice of such activities shall be made to the SFWMD and NRCS. Quarterly reports shall provide information which details accomplishments and services provided and shall be documented as component of the quarterly reports in advance (as listed below) delivered to the District and NRCS. The MIL shall present the data on conservation education describing the type of presentation, number of people attending, date and location, The data shall be submitted in table form in the quarterly reports. See Attached Report Format. 4. Follow Up - to determine ifrecommendations have been implemented and to estimate actual water savings ~ ,.... ( ,.. , ...,,¡ 5, Quarterly Evaluation Report- A. summary of evaluation B. recommendations C. Follow-up reports D. Public Education reports II. BUDGET Period . > October 1, 2003 through September 30,2004. Lab Cost Reimbursement St. Lucie S\VCD MIL $56,614.00 Payment will be made Quarterly for one fourth of the agreed total following the months of December, March, June, and September upon receipt of a properly certified invoice (SF-270) and backup documentation, including quarterly reports indicating accomplishment in accordance with the task deliverable schedule. This shall include advance of funds anticipated to be expended within thirty (30) days. In the event required services are not provided, payment will be prorated to the amount of service actually provided. The basis for this determination will be evaluations performed. The NRCS shall provide training and coordination of MIL activities, and insure that MIL activities are in accordance with NRCS standards and procedures. ~ - f' ! r...., III. TASK/Deliverable Schedule. Within 90 days 1. Completed evaluations of31 sites 2. Follow-up evaluations on 4 sites 3. Quarterly report to USDA-NRCS and SFWMD detailing accomplishments and services provided. of 31 sites Within 180 days 1. Completed evaluations of 32 sites 2. Follow-up evaluations on 3 sites 3. Quarterly report to USDA-NRCS and SFWMD detailing accomplishments and services provided. . , Within 270 days 1. Completed evaluations of 31 sites Follow-up evaluations on 4 sites 2. Follow-up evaluations on 4 sites 3. Quarterly report to USDA-NRCS and SFWMD detailing accomplishments and services provided. Within 360 days 1. Completed evaluations of 32 sites 2. Follow-up evaluations on 3 sites 3. Quarterly report to USDA-NRCS and SFWMD detailing accomplishments and services provided. ~ r- t ,.. ~ ..., MOBLIE IRRIGATION LAB CONSERVATION EDUCATION REPORT NAME OF LAB: PERlOD Between: AND DATE TYPE OF NAME OF NUMBER LOCA TrON TIME PRESENTATION GROUP ATTENDING NOTES: ~ ,..,. ....., AGENDA REQUEST ITEM NO. 3B ... .. .. DATE: February 10,2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Equipment 04-236 and Budget Amendment BA04-128 for Handheld Computer. BACKGROUND: The SFWMD - Floridian Aquifer is allowing the purchase of a handheld computer for inputting data for meter reading out in the fields. FUNDS WILL BE MADE AVAILABLE: 001809-3720-564000-300 (Machinery & Equipment). PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment 04-128 and Equipment Request 04-236. Approved 5-0 Doug Anderson County Administrator COMMISSION ACTION: [X] AJjPROVED [] DENIED [ ] OTHER: Coordination/Signatures County Attorney: ,;1[- Management & BUdg~UIChæ;ing: Originating Dept: Soil & Water: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGElì WP\AGENDA'S\AGENDA04\2'lO _SO!L& W A TER,DOC ~ -....¡ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Soil & Water PREPARED DATE: 1/28/04 AGENDA DATE: 2/10/04 ':;::::~~~~..:;¥~:.t/7·'~;;'S/~!)"~Y:·:~-Y:;;-:,:·~'I'.1"'> < '>~, - - " ..~~W Aççi~~.NI.~U,~BER__., ..._,~... .; .~~çç9.Yt{LN.~~~c~2=~:~~~c::;(:m~3;1~ºíf~ÎJ::: TO: 001809-3720-564000-300 Machine & E ui ment $1,400 FROM: 001809-3720-534000-300 Other Contractual Services $1,400 REASON FOR BUDGET AMENDMENT: Handheld Com uter 1 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A N/A N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ~ ~ ~ . I J ,I . ~ I-' ¡\Ai- . BA04-128 ~ "'" .9 0 0 '0 C") Q) I 0 ¡¡:: 0 ( ) 0 ~ '<t - (0 tJJ .S: 10 , '5 0 ~ N 0 '" W~ ( ) C") , Zo III 0'> :J 0 00 0 00 - ..... _N ~ 0 tJJM (1 0 III tJJO III ( ) -0 u ::2:N ( ) c ::2:~ .!!! :it 0« ... ( ) I- '5 z OW a. ;:) ~j E 0 0 0 u 0 '0 « z« Q) :JO ~ '0 c OtJJ (1 ~ 0Ü: III :ë LL.~ I- 00 C CLL. (1 ... C) ~~ ... ~ «tJJ 'S OW C' « m:J c >0 (1 '6 .¡:: ....-W 0 z~ u:: :J~ 0 OZ :: ~ OJ 9)W u. c .::2: (/)'6 ... (1 ~D.. .E ~ 0- ... ... ( ) ( ) :J:J - - ~ :J ( ) ..JO ( ) a.E - E ... .W Ia o 0 (0 ~ u- C") ~ N oð '0 (1 I - - '<t tJJ ( ) (1 Õ ~'O 0 '0_ 0 U) C :J W (1 a. I.S: ð w 0:: I- Z w :E a.. 5 a w - " ~ ~St. Lucie County Board of County Commissione~ 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PAGE: 1 PURCHASE ORDER Vendor: 17005 Insight Public Sector 218 East Orange Ave Lake Wales FL 33853 PO Number: P2411504 (PO number must appear on all documents and packages) Issue Date: 01/22/04 Delivery Date: 01/26/04 Please send invoices to: St. Lucie County Finance Department 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Ship these items to: Agriculture/IFAS Ext. Service 8400 Picos Road, Suite 101 Fort Pierce FL 34945 ATTN: Agriculture/IFAS Ext. Se Description Quantity U/M Unit Price Extended Price HANDHELD COMPUTER cf-10 handheld computer and supplies CF-P1SCZZ5M panasonic CF-01, INTEL SA 1110, 3.5-1/4VGA, 64MB, Pocket PC @$1,276.60 1. 00 EA 1,360.4500 1,360.45 CF-FMP1BST Pocket holster for CF-01 @$55.85 CF-KP1CB001 Serial Auto-Sync RS232 Cable (female) @ $28.00 state contract 250-000-03-1 B-04-001809-3720-534000-300-AGAGRI / / /'. *. 1 ._...-;.~ /.-.; ! f' " 1 /! 1-d- 10 ~ ~(JÆ ~~ (3- ~t1A $1,360.45 For additional information contact: Federal Employers Identification: 59-6000835 State Sales Tax Exemption: 66-02-017737-53C Indicate items received and send this page to Finance as a payment request. Purchasing Director RECEIVING COpy II ... ~ .....,J AGENDA REQUEST ITEM NO. C-3C ... DATE: February 10,2004 REGULAR PUBLIC HEARING TO: CONSENT ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS [X] SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 04-54 to establish the budget for Sunland Gardens MSBU Phase 1 project. BACKGROUND: The Sunland Gardens MSBU Phase 1 project has progressed to the point where a budget for construction costs can be established through interim financing. This project will fund the costs necessary in providing potable water improvements to properties within the Sunland Gardens MSBU Phase 1 project. The entire cost of the project will be funded through non ad valorem special assessments within the MSBU. Staff requests the Board's adoption of the MSBU budget to facilitate the project construction. FUNDS AVAILABLE: See attached Budget Resolution 04·54 PREVIOUS ACTION: March 12,2002 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. April 16, 2002 - Initial Public Hearing held; Board created MSBU and authorized the County Engineer to proceed with the project. December 9,2003 - Board granted permission to advertise second Public Hearing. January 6, 2004 - Board adopted Resolution 03-323 to levy a non-ad valorem special assessment; approved the preliminary assessment roll; approved the expanded MSBU boundary; and, authorized staff to proceed with construction of " the project. " RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 04-54 establishing the budget for the Sunland Gardens MSBU Phase 1 project. COMMISSION ACTION: KJ APPROVED [] DENIED Approved 5-0 oug Anderson County Administrator [ ] OTHER: County Attorney: ~ Coord ination/Siqnatu res Management & Budget: 2rt/) tfl~ Purchasing: 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 51. Lucie County Community Services Manager aI561-462-1777 or ADD 561-462-1428 at least forty-eight (48) hours prior to the meeting. ~ ..., RESOLUTION NO. 04-54 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of contributions from property owners participating in the Sunland Gardens Municipal Services Benefits Unit (MSBU) Phase 1 project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of February, 2004, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 39005 -0000-384300-000 Proceeds-Contributions from Prop Owners $618,905 $618,905 Total Revenues APPROPRIATIONS 39005 -4115-534000-4517 39005 -4115-531000-4517 39005 -4115-549000-4517 39005 -4115-599330-4517 Other Contractual Services Professional Services Advertising Project Reserves 580,000 18,750 600 19,555 $618,905 Total Appropriations After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson COO1missioner Doug Coward Cofnmissioner Frannie Hutchinson Commissioner Cliff Barnes PASSED AND DULY ADOPTED THIS 10TH DAY OF FEBRUARY, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' AGENDA REQUEST ...." ITEM NO. 5" DA TE: January 6, 2004 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] PRESENTED BY: ,1,.( ',~ r:' J ,/ -l'i·· -:/,"J/ Michael Powley, P.E. f County Engineer SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Sunland Gardens M.S.B.U (Phase 1) Second Public Hearing Potable Water Improvements - FPUA BACKGROUND: See attached memorandum FUNDS A VAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: March 12, 2002 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. April 16, 2002 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. December 9, 2003 - Board granted permission to advertise the Second Public Hearing RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 03-323 to levy a non-ad valorem special assessment on the Sunland Gardens Municipal Services Benefit Unit; approve the attached preliminary assessment roll; approve tha.expanded MSBU boundary; and authorize staff to proceed with construction of the project. " 1 COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Douglas Anderson County Administrator {xjCounty Attorney {xjPublic WO:k~Rir ~~. {xjFinance \~'t-~ ( ~ /) - I. ,V ~/)( Coordination/Siqnatures {x jCo. Eng f.,!Ve r,¡ MSBU c,(jJ j~ {xjMgt. & Budget I ~£} /119 { jUtilities: { jPurchasing ~n\~ '-" ....., COMMISSION REVIEW: January 6, 2004 ENGINEERING MEMORANDUM NO. 03-226 TO: FROM: DATE: SUBJECT: Board of County Commissioners Michael Powley, County Engineer /{~I" December 4, 2003 Sunland Gardens MSBU (Phase 1) Potable Water Improvements - FPUA BACKGROUND Residents in Sunland Gardens petitioned Sf. Lucie County to create an MSBU to provide potable water improvements to the entire Sunland Gardens Subdivision. At the time, there was not adequate support to proceed with the project for the entire Sunland Gardens neighborhood. However, a smaller section of the neighborhood had 46% in favor, with consistent persuasion from the residents, and due to health concerns, the Board created the Sunland Gardens MSBU (Phase I) on Apri/16, 2002 and authorized staff to proceed with engineering design services. Meanwhile, the residents within the remaining area of Sunland Gardens (Phase" area) continued to gain additional support in anticipation of a MSBU for their area at a later date. Also, additional petitions have been submitted and staff will discuss this issue with the Board at a later date. Upon completion of the engineering design, it became apparent that some additional properties would gain benefit from the improvements. The subject property owners were informed that their properties would be subject to an assessment, and to date, we have received no opposition. On November yd, the property owners were notified by mail of their tentative assessment and that the Second Informal Meeting would be held on November 19th to discuss the project. County staff and FPUk..representatives were on hand to discuss the construction design, method of assessmenf' and tentative cost, deed restrictions, SHIP funding, and to address questions and comments. The method of assessment for this project is based upon the "Equivalent Residential Connection" (ERC) method, which means an equal charge per residential connection. The total assessment levied is $1,031,530.64, excluding interest, tax collector and property appraiser fees. The assessment amount per ERC is $3,799.38. The Project would be financed for a period of fifteen (15) years, beginning in November, 2004. The attached Preliminary Assessment Roll is based upon the "maximum" number of ERCs that may be assessed against each parcel. However, over the next few months, property owners will have the ability to file deed restrictions to reserve fewer ERCs. In June, staff will present the Board with an "amended" Preliminary Assessment Roll, reflecting all adjusted ERC reservations. Upon completion of the project, a Final Assessment Roll will be adopted representing the final project cost. ~ ..., Additionally, SHIP funding will be made available for homeowners that qualify (on a first-come first- serve basis) to pay 50% of the subject assessment. Applications are cun-ently being accepted. In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, bond validation proceedings, and cost estimates may be assessed against the affected property owners within the Sun/and Gardens MSBU. RECOMMENDA TlON Staff recommends that the Board adopt Resolution No. 03-323 to levy a non-ad valorem special assessment on the Sun/and Gardens Municipal Services Benefit Unit; approve the attached preliminary assessment roll; approve the expanded MSBU boundary; and authorize staff to proceed with construction of the project. cc: Staff Concurring Community Services Director Linda Smith, Tax Collector, Supr/Data Base Adm Evelyn Haskell, Property Appraiser, Director Tax Roll Preparation '" ~ j1 '-' "WI RESOLUTION NO. 03-323 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA; DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE SUN LAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; APPROVING THE EXPANDED SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 16, 2002, based on the petition offorty-six (46%) percent of the landowners pursuant to Chapter 1-13.5 of the S1. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for S1. Lucie County (the "Board") adopted Resolution No. 02-098 which created the Sunland Gardens Municipal Services Benefit Unit (the "Sunland Gardens MSBU") to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the cost of a project to provide potable water improvements to properties within the boundaries of the Sunland Gardens MSBU in unincorporated S1. Lucie County, Florida (the "Project"), and authorized the S1. Lucie County Director of Engineering (the "County Engineer") to proceed with the Proj~t pursuant to the procedures set forth in Section 1-13.5 of the Code; and WHEREAS, on January 6, 2004 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning the preliminary assessment roll and expanded boundaries for the Sun/and Gardens MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and -1- '-' ....., WH EREAS, after considering the comments of all interested persons, the Board has determined that the special assessments as set forth on the preliminary assessment roll for the Sunland Gardens MSBU, attached hereto as Exhibit "B", are just and equitable; and the boundaries of the Sunland Gardens MSBU shall be expanded to reflect all properties benefitting from the potable water improvements, as shown on the attached Exhibit "C". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The expanded boundaries of the Sun land Gardens MSBU which include the real property to be specially assessed to fund the cost of the Project is hereby approved as shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorem special assessment levied by the Sun land Gardens MSBU is to provide potable water improvements to properties within the Sunland Gardens MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable water improvements shall be based on the equivalent residential connection method of assessment such that each property within the Sun land Gardens MSBU shall share equally in the cost of the potable water improvements and that the amount of the assessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll (Exhibit liB") for the Sunland Gardens MSBU is hereby approved and confirmed and the assessment shall stand as a lien against the benefitted properties until satisfied. Section 5: A no_n-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $1,802,137.74 which includes interest, two (2%) percent tax collector fees and four (4%) percent for early payment discount, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real prop(rty within the Sunland Gardens MSBU (Exhibit "C") in the amounts set forth on the prelirtÎinary assessment roll attached as Exhibit liB". Section 6: The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the Code beginning in November 2004 for a period of fifteen (15) years. Section 7: The County Engineer is authorized to continue with the Project. Section 8: Upon the completion of Project, the County Engineer shall report the actual cost to the Board, and the Board shall confirm a final assessment roll with such adjustments as may be necessary in accordance with the provisions of Chapter 1-13.5 of - 2- '-' ""'" the Code. Section 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis XXX Vice Chairman John Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 6th day of January, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman ~ " ;; APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- " 1 '-' ...." EXHIBIT "A" PROOF OF PUBLICATION -4- " .", jI '- EXHIBIT "8" PRELIMINARY ASSESSMENT ROLL -5- ..." ...,. ."" J ~ S T. L U C I E C 0 U N T Y '..,,¡/ ENGINEERING DIVISION LETTER OF TRANSMITTAL '4:\/ 3 J,.: I r TO: Edith Destephano, Sr. Budget Analyst FROM: Rebecca Padrick, MSBU Coordinator :¡;¿p DATE: January 12, 2004 SUBJECT: Establish MSBU Budget I Copies I Description I 1 Sunland Gardens MSBU Project AND Debt Service Budget These are transmitted as indicated below: _ For your information XX Take appropriate action _ For execution/signatures "" Review and comment -" _ As you requested _ For your records _ For your approval _ For recording COMMENTS Please have budget in place prior to March 1st when interim funding will be obtained. Thank you. Attachments (1) c: County Engineer MSBU Sr. Accounting Clerk MSBU Assistant D. Bernardo, CPA, Finance ,JAN I 4 r .' .. ....... ~ ~ ::J~ CCo ~o rn::J z:CC UJt; OUJ ~a og: ~ z: ::J rn ~ " '<I' o o N C: (\ "7 r-- "'" g ~ 1'-_'" C' '-"\J ~... - - ~ ~ ~ ~ z: o ~ æ U ffl o ê (\ .s E "C CII - 8 <II <II ... ... CII CII c: c: ðð ~~ CII CII 0.0. ° ° ... ... 0.0. 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Õ U ~ ~¡I ~lI.. &!u:¡ tj E .~ E e ° o.UI+ r-- r-- æ' - - LOLO '<1''<1' , , 00 "'10 "'1- 0'10'1 0'1'<1' LOLO ana -0 -"'1 '<1'- tÔaA 00 00 0'10'1 "'1 "'1 - "ë o ~~ 00:: ::Jo CCI.1.. ~~ ~~ o..ß ~!ñ O::J I-~ ....... ~ ~~ äSg ~äS rnUJ ffiu o~ ~~ olE ~o z: ::J rn - .....,' ~ ::J ~ It - - 'Ë 'Ë 00 z: o ~ æ U ffl o ~ _ CII :J <II O&! CII CII <II U .Q "~ U CII tjrn CII - ."., .0 ° CII 0::0 .5.5 <II <II ... ... ~~ <II <II c: c: (\ (\ ¡::¡:: fß ::J z: ~ 0:: 88 §g IC'Ì ex) 0- ~~ 00:: äSo UJI.1.. ~~ ~~ ffi~ 0::J ~~ ~ - - CII C) "0 :J cc LO ~ -5 ~ GI "0 ;: Û .5 ~ cIÏ E ;:I <II ;š - 10 Q¡ C) "0 ;: cc -5 ~ "0 GI "0 ;: Û .5 - ° c: GI :a <II E ~ ~ E o ~ z: - --.. '-" ""'" _~~"!'::~:(;:::7~; C'" :"e,cc,:cc . c I' ... A', ,""·,·,·;·»>,'~""":;'''''mx_,,,,,,;·,,,,,,,·,·,,;;;·,,_c;·;·;_;_,.';';"';'>:'._:';._:_:_:_' AGENDA REQUEST IlEM NO. C4 DATE: Feb. 10. 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to approve the purchase of a Router for Security/Firewall for the 911 Center. BACKGROUND: FDLE has requested more security for the 911 system. FUNDS AVAILABLE: Acct # 107001-2120-564000-200 - Machinery & Equipment. Funds will be available through account ~ 107001-2120-599300-200 - Reserve Budget Amendment # 04-131. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the Router. Equipment Request # 04-237 Budget Amendment # 04-131 COMMISSION ACTION: KAPPROVED 0 DENIED o OTHER: Approved 5-0 CE: o County Attorney: I2"'Originating Dept: Review and Approvals !7IGIanagement and Budget: <1f.L o Other: rr. J: PÞ i ))fî~ riu,chas;ng, Ii o Other: o Finance: Check f opy only, if applicable: ~ "'" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety PREPARED DATE: 2/2/04 AGENDA DATE: 2/10/2004 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 107001-2120-564000-200 Machinerv & Equipment $5,247 FROM: 107001-2120-599300-200 Reserves $5,247 REASON FOR BUDGET AMENDMENT: To Durchase a router for security and firewall for the Central Communications division. CONTINGENCY BALANCE: na THIS AMENDMENT: na REMAINING BALANCE: na DEPARTMENT APPROVAL: OMB APPROVAL: .>{f.W-. BUDGET AMENDMENT #: BA-04131 DOCUMENT # & INPUT BY: .... '-' "..", c c w w en en :> :> w w $. ~ I-- - ;::= en I- 0 0 en 0 ~ ~ 0 z 0 0 - 0 en -I ~ N I.- - I 0::: c:( 0 Z 0 W~ 0 0 ~ Zo ~ CD It) 00 en en ë5 en I W W W 0 _N ~ ~ c ~ N enM c:( .... N ~ I eno - .... 0 -0 C 0 :EN w " C 0 :Eo::: .... z c it 0< w w I- ::E > z OW ::E 0 :;:) » 0 0= 0 0 c. 0 ~...J w c. 0 z< 0= c:( ~ I- :JO z Oen w ::E O¡:¡: w LLO::: ~ ..J 00 C. w eLL 0= - O:::~ - <en OW m:J >0 ~W := zO::: w :J~ ~ OZ ....., ~ 0 OW .... ~ Ø) w:E r-- ~ _a.. ,. N L!'i 0- ~ :J:J ~ " ...JO G) . ro - i,: ~ .W ftI Q) en '- ~ .!:! '- u:: r-- en Q) z. (") :c :5 N ï:: I ~ 0 :J ~ C. 0::: u 0 Q) CJ) I- ð z :;:) z w ~ 0 0 0= Z I I- ~I" ~ I- W I z z ::E z W I- 0 W ~ 0 ::E w ¡::¡: ::E c:( ü) 9: C) ~ c. c. :> :;:) C en :;:) w 0 :;:) :;:) a c C w m "") w '-' 'nfO~~I~tlo'n-;~~~~O'~:~ . .." Phone: (772) 462-1681 Fax: (772)462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA A VENUE FORT PIERCE, FL. 34982 IT Quote Date Quote # 1/14/2004 165 Name/Address .~ PUBLIC SAFETY QUOTE VALID UNTIL W.O.# REQUESTOR 2/27/2004 34215 JACK SOUTHARD Description Qty Rate Total FES 48 Port Ethernet x2 port Gig Switch - Full L3 1 5,246.25 5,246.25 (includes Gold Support - first year) VENDOR INFORMATION: FOUNDRY Networks 2100 Gold Street PO Box 649100 San Jose, CA 95154-9100 org ~~n~~\~\ '\,1 'J ,, AN , 5 2004 u p JBLlC SAFETY The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $5,246.25 .. stated. AUTHORIZED SIGNATURE \. -.. ,...- '-' ......" Agenda Request Item Number Date: c-5A 2/10/04 To: Submitted By: Board of County Commissioners Public Works - Environ. Resources Consent Regular Public Hearing Leg. [ ] Quasi-JD [ ] , fwp~~ .I t1:Þ' - Environmenta esources ð Manager [ X ] [ ] [ ] SUBJECT: Request to approve Budget Resolution 04-45 Insurance Reimbursement. BACKGROUND: On July 17, 2003, equipment was stolen from the County's Platt's Creek site including two lawn mowers, a trailer, and a tool box containing miscellaneous equipment. Staff has replaced the tool box, trailer and miscellaneous equipment meeting the insurance deductible. The insurance reimbursement check in the amount of $11,279 was received December 2003. Staff requests the funds be moved to the machinery and equipment account (001- 3920-564000-300) to replace the stolen equipment. FUNDS AVAILABLE: Funds will be made available in 001-3920-564000-300. Environmental Lands Machinery and Equipment. On December 9, 2003, the Board approved Equipment Requests EQ04-221 and EQQ4- 222 to replace the stolen lawnmowers, PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Budget Resolution 04-45 establishing.fne budget for reimbursement. COMMISSION ACTION: [i] APPROVED [=:J DENIED CJ OTHER Approved 5-0 CURRENCE: Douglas M. Anderson County Administrator County Attorney ~ Originating Dept.: \}^fMv) Dr· Finance: . (. Coordinationl Signat~res ~ Mgt. & Budget: Other: Purchasing: Other: 4// - , '-' '...I RESOLUTION NO. 04-45 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption ofthe budget have become available in the form of $11,279 for reimbursement of loss. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of February, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 001-3920-369930-300 APPROPRIATIONS Reimbursements $11,279 001-3920-564000-300 Machinery & Equipment $11,279 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF FEBRUARY, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .. '-' ....", Commission Review: February 10, 2004 PUBLIC WORKS DEPARTMENT Environmental Resources Division MEMORANDUM TO: County Commission FROM: Environmental Resources Manager DATE: SUBJECT: February 10, 2004 Request to approve Budget Resolution 04-45 Insurance Reimbursement. On July 17, 2003, equipment was stolen from the County's Platt's Creek site including two lawn mowers, a trailer, and a tool box containing miscellaneous equipment Staff has replaced the tool box, trailer and miscellaneous equipment meeting the insurance deductible. The insurance reimbursement check in the amount of $11,279 was received December 2003. Staff requests the funds be moved to the machinery and equipment account (001-3920-564000-300) to replace the stolen equipment. Funds will be made available in 001-3920-564000-300, Environmental Lands Machinery and Equipment On December 9, 2003, the Board approved Equipment Requests EQ04-221 and EQ04-222 to replace the stolen lawnmowers. Staff recommends that the Board approve Budget Resolution 04-45 establishing he budget for reimbursement. Vanessa Bessey Environmental Resources Manag cc: Doug Anderson, County Administrator Ray Wazny, Assistant County Administrator Don West, Public Works Director Marie Gouin, OMS Director " m o c " s: m z -I ;:0 m ~ m o o .þ. , \J \J \J » (") (") o c Z -I :'!= o o -- , W CO \J o I 01 '" .þ. o o o I W o o '-' .., C'> 0 ~. 0 c: 3 3 CD 0- -0 ..... c: CJ 0 .., .., ..... en CJ ::T CD 0- CD ~ëD..... ·"'3~ Wo;::l:! 00.0 °CD_ 0·- m ;::~:::u ::TCJo CD ::;: en- ~"' \J .-...1 ~ 0 -...I0::T co 3-0 ~ 3 . CD CD 01 CJ:J~ ::5. 0. . - :J en en coCJ;;oo;" CJ .., CJ o-CDCO CJ'2.3 õ)CJo :J C'> ;:E C'> CD CD CD 3 .., OCD-o -:Jc: ~-.., __;:EC'> .þ. -. ::T cos:g¡ ?1CJ~ 9- >< 0 ëiï ; 0'" ::T' o W -00 -00 CD CJ .., :J en 0. -u- \J::T co CD oC'> oC: I .., ",'" og¡ - ..... o c: .., :J ~CJ -...1< . 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Ï!:;õ' .... -, --.J -Eß ON ^:.... mCO CJCD -eo ....0 --.JQ) ::r:J "Co. 0.... o ::r 3 ctI 3 n ctI ~ -, -, n ( ) -. :J Q1..... ~ o o c: Z -I ~ o o .... , VJ CD N o , U1 (j) .þ. o o o I VJ o o ~ »:;0 "'Cm "'Co :;00 Os: <s: mm ~z C m C >< -<-< mm cncn en -I . mï Dc 5:0 "0- 3:m mO zO -Ie AJ~ » m -< G) D m ~e 0 em > »en C -I AJ ~ C m" .. 0 0 :? AJ " (') IT) " 0 3 - 0 C"en ~ 0 e ~ > z ~ ï -I 8 -< -< mo >0 AJ3: 1\)3: 0- oen wen I _ 1\)0 gz .þ.m AJ en AGENDA REQUEST ...., ITEM NO. C-6B DATE: February 10, 2004 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Vanessa BeSSey~ SUBMITTED BY: Public Works/Environmental Resources SUBJECT: Purchase of Trailside Composting toilets for Bluefield Ranch Preserve. BACKGROUND: Two primitive camp areas are designated at Bluefield Preserve. To provide sanitary facilities at two primitive camp areas, the Trailside Composting Toilet made by Romtec, is a portable unit that is sufficient in size and capacity to service the camp sites. Funds in the amount of $7300 are currently available for the construction of two observation towers, one of which is completed and it is not anticipated that the second will require the entire balance left. FUNDS AVAIL. Funds are available in 316-3920-563000-3104, Bluefield Ranch Preserve/County Capital Fund/Improvement Other than Bldg Account. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the purchase of two (2) trailside composting toilets at $2,168 each for a total of $4335. COMMISSION ACTION: CONCURRENCE: .pcj APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do s M. Anderson, County Administrator Review and Approvals X County Attorney: Purchasing: t¡;;;f f Originating Dept:~~ ~Il~· Other: r r Mgt. & Budget: /,eO /1IJYY!~ Parks & Rec: Finance: (Check for copy only, if applicable) v""""'- """ Commission Review: February 1 0, 2004 PUBLIC WORKS DEPARTMENT Environmental Resources Division MEMORANDUM TO: County Commission FROM: Environmental Resources Manager DATE: February 10, 2004 SUBJECT: Purchase of Trailside Composting toilets for Bluefield Ranch Preserve. Two primitive camp areas are designated at Bluefield Preserve. To provide sanitary facilities at two primitive camp areas, the Trailside Composting Toilet made by Romtec, is a portable unit that is sufficient in size and capacity to service the camp sites. Funds in the amount of $7300 are currently available for the construction of two observation towers, one of which is completed and it is not anticipated that the second will require the entire balance left. Funds are available in 316-3920-563000-3104, Bluefield Ranch Preserve/County Capital Fundllmprovement Other than Bldg Account. Staff recommends the Board approve the purchase of two (2) trailside composting toilets at $2,168 each ~or ¡total of $4335. ~ Q¡WV'ð, ~ ~. 2J Vanessa Bessey Environmental Resources Manager cc: Doug Anderson, County Administrator Ray Waz.ny, Assistant County Administrator Don West, Public Works Director Marie Gouin, OMS Director AGENDA REQUEST ITEn:...;. 5C DATE: February 10,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ~~ Michael Powley, P.~ County Engineer SUBJECT: Professional Engineering Services for Roadway and Intersection Design - Work Authorization NO.1 (C03-09-644) Kimley- Horn and Associates in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation Area. BACKGROUND: The Ten Mile Creek Water Preserve Area is a project proposed under the "Critical Restoration Project" program established by the Water Resources Development Act (WRDA) of 1996. When completed, this project will consist of a water storage area about 550 acres in size and with a maximum depth of water of about 10 feet above existing ground surface. The project will also include a polishing cell consisting of approximately 115 acres, and a 380 cfs pumping station that will pump stormwater runoff from the Ten Mile Creek into the reservoir. The primary purpose of the project is to control stormwater flow from the Ten Mile Creek into the North Fork of the St Lucie River. A secondary goal of the project is to improve water quality to the Indian River Lagoon and the St Lucie Estuary by reducing nutrient loading. A project of this scope and magnitude offers many opportunities for passive recreation and natural preserve areas. St Lucie County, in partnership with SFWMD, has undertaken the design and implementation of a passive recreation area to be built on the Ten Mile site. The recreation area will be planned and constructed in phases, based upon available funding. The recreation area east of Gordy Road will be undertaken as phase I of the proposed improvements. Attached is Work Authorization No. 1 to the Roadway and Intersection Design Agreement with Kimley-Horn and Associates to provide bidding services, bridge construction assistance, site construction assistance and certification in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation Area. FUNDS AVAIL.: Funds will be made available in: 102001-3725-563005-3631 Drainage Maintenance MSBU-Stormwater Mgt; 102001-3725-563012-3631 Drainage Maintenance MSTU-Stormwater Mgt PREVIOUS ACTION: August 15, 2000 - Board approved the Cooperative Agreement with SFWMD for local match cost share. December 11, 2001 - Board approved the conceptual plan as prepared by Thomas Lucido & Associates. March 27, 2001 - Consultant Agreement executed with Thomas Lucido & Associates in the amount of $9,500 for conceptual design. December 11, 2001 - Board approved the conceptual plan. May 14, 2002 - Board approved Consultant Agreement executed with Thomas Lucido & Associates in the amount of $27,500 for landscape architectural design and construction services. September 9, 2003 - Board approved the First Amendment to the Consultant Agreement with Thomas Lucido & Associates in the amount of $2,485 for additional services for phase I of the Ten Mile Creek-Gordy Road Recreation Area. November 4, 2003 - Board approved 50-year lease agreement with SFWMD for the subject property known as Ten Mile Creek-Gordy Road Recreation Area. RECOMMENDATION: Staff recommends Board approve Work Authorization No. 1 with Kimley-Horn and Associates in the amount of $23,600 for phase 1 construction improvements for the Ten Mile Creek-Gordy Road Recreation rea. COMMISSION ACTION: II APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 - Dou sAnderson County Administrator Coordination/Sianatures U.£J ÍY\ I-.. ¡'IM,t. & B".,e~ ~I/ mV¡ ['IRe,. Coo,. ~'<i [x]Co, Eng IVo.I/. [x]Co. ~or I . [x]ERD :\\\ . ~ . [x]County Attorney [x]Originating Dept Public Works 10 mile ph 1 k-h wa1 ,ag,doc ~~ .- v "-" WORK AUTHORIZATION NO.1 Engineering Services Roadway and Intersection Design C03-09-644 Ten Mile Creek-Gordy Road Recreation Area Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, 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 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: BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Kimley-Horn and Associates, Inc. Date: - ~1/29/94 17:14 FAX 772 562 9689 KHA URG VERO ~ ST LUCIE COUNTY v '-tI EXJßBIT "A" SCOPE OF SERVICES Task 1 - Bidding Services We wjll prepare the bidding documents suitable for bidding which wi]] utilize the County standard construction specification and the technical specification prepared by Kimley-Hom and Thomas Lucido. The documents will be transmitted to the St Lucie County Purchasing Department for advertisement for bidding. We will attend the Pre Bid meeting and assist the County in answering questions posed by the potential bidders. Task 2 - Bridge Construction Assistance Our structural engineer will attend the Pre Construction meeting and answer questions posed by the contractor. During the initial construction of the structure we wi]] be on-site at the bridge to inspect areas of the structure that were unobservable prior to the removal of planking and timbers in the construction phase. We will address new found areas of need with the appropriate revisions and/or details. We wi] make periodic visits to the bridge during the remaining rehabilitation of the structure to confinn that the contractor is constructing per plan intention and address construction issues. Task 3 - Site Construction Assistance (Hourly upon authorization) We understand that the County win undertake the day to day construction observation. We wj] assist the County in construction phase of work by attending the Pre Construction meeting, addressing contractor questions and providing interpretation of site plans. In addition we will review shop drawings submitted by the contractor to ensure compliance with project specifications. At the request of the County we wiB also make periodic visits to the site during the construction phases of the site work and roadway work to confinn that the contractor is constructing per plan intention and address construction issues. We anticipate this to be four to five visits. This effort will be b11led at an hourly rate with a not to exceed budget. 141003 D1/29/t4 17:14 FAX 772 562 9689 KHA URG VERO ~ ~T LU~l~ ~UU~ll '-'" ""'" The landscape architect Lucido and Associates w1ll he providing construction phase services as well for the landscaping and master planned structural components of the park. Task 4 - Certifications We will review the As-Built data provided by the contr¡¡ctor at the completion of the construction. Based on that information and our site observations, we wiJ1 provide the necessary certifications to the permitting ¡¡gencies. It is our understanding that the certification for the observation deck and pavilion will be provided by Lucido ~uu.. 01/29/b~ 17:15 FAX 772 562 9689 KHA URG VERO -> ST LUCIE COUNTY ~ 005 '-" ...." EXHIBIT "B" FEE We will accomplish the service outlined in Task 1,2 and 4 for the lump sum fee of $15,100 inclusive of expenses and Task 3 wi]] be conducted at the request of the County and bil1ed at hourly rate not to exceed $8,500. A breakdown of the fee for each task is as follows: Task Lump Sum Fee Hourlv Fee Task 1 Task 2 Task 3 Task 4 Bidding Services Bridge Construction Assistance Site Construction Assistance Certifications $ 5,600 $ 8,000 $ 8,500 $ 1,500 Total Fee $23,600 , "01-128/04 17: 15 FAX 772 562 9689 KHA URG VERO ~ ST LUCIE COUNTY "" '-" EXHffiIT "C" SCHEDULE The work as described in Task] through 3 wi]) be undertaken concurrent with the bidding and construction phase as estabhshed by St Lucie County. Task 4 wiJJ be conducted upon receipt of As-Buih information from the contractor. @006 /11"" '-' -...I ITEM NO. C- 5D DATE: February 10, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) 'Michael V. Powley, P. County Engineer SUBJECT: Award Bid No. 03-103, Edwards / Selvitz Road Intersection Improvements project. The project consists of the construction of turn lanes, installation of traffic signals, and excavation of drainage swales and a dry retention pond. BACKGROUND: On November4, 2003 bids were opened forthe Selvitz/ Edwards Road Intersection Improvements project. There were 558 companies notified, 15 sets of bid documents distributed and three (3) bids received. The bids were checked using the unit prices that were provided. Based on our review of the bids, we recommend award of the contract to Ranger Construction Industries, Inc., the lowest bid, in the amount of $522,443.20. Construction of the project is scheduled to start April, 2004. Ranger Construction Industries, Inc. has indicated in a letter, which has been attached, that they will honor their bid until then. Staff is currently under negotiations with the property owners of the southwest corner of the intersection to acquire land necessary to construct the project. Before the County can issue a Notice-to-Proceed, the County needs to finalize negotiations with one adjacent property owner. FUNDS AVAILABLE: Funds are available in Fund No. 101006-4116-563000-4114 Transportation Trust /Impact Fees. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends award of Bid No. 03-103, Edwards / Selvitz Road Intersection Improvements project, to Ranger Construction Industries, Inc., the lowest bidder, in the amount of $522,443.20, establish the project budget as outlined in the attached memorandum, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CE: DG APPROVED [ ] DENIED [ ] OTHER Approved 5-0 ~ [x] County Attorney Ix] Project Manager ~ [x] Road & Bridge . ~ [x] Mgt. & Budget UiJ Vtì mq [x] Originating Dept. Public W s [x] BUd9~ [x] Purchasing Dept. ' [x] ERD (Check for copy only, if ap licable) ~ v ....., DIVISION OF ENGINEERING MEMORANDUM 04-051 TO: Ed Parker, C.P.P.B - Purchasing Director Michael Powley, P.E. - County Engineer A4 Vl) Via: Via: Barbara Meinhardt - Department Revenue Coordinator Craig Hauschild, P.E., Senior Project Engineer /)/JH ~~ FROM: DATE: February 3, 2004 SUBJECT: Edwards / Selvitz Road Intersection Improvements =================================s====================EEEE=========================== Engineering wishes to present the above referenced project to the Board of County Commissioners at the February 10, 2004 meeting. Providing it meets your approval we will prepare the Agenda requesting award of the Selvitz / Edwards Road Intersection Improvements project. The project consists of the construction of turn lanes, installation of traffic signals, and excavation of drainage swales and a pond. On November 4, 2003 bids were opened for the Selvitz / Edwards Road Intersection Improvements project. There were 558 companies notified, 15 sets of bid documents were distributed and three (3) bids were received. The bids were checked using the unit prices that were provided. Based on our review of the bids, we recommend award of the contract to Ranger Construction Industries, Inc., the lowest bid, in the amount of $522,443.20. Construction of the project is scheduled to start April, 2004. Ranger Construction Industries, Inc. has indicated in a letter, which has been attached, that they will honor their bid until then. Staff is currently under negotiations with the property owners of the southwest corner of the intersection to acquire land necessary to construction the project. The following budget is established for the project: Construction Soil Testing Reserves TOTAL $ $ $ $ 522,444.00 8,700.00 52,244.00 583,388.00 Funds are available in Fund No. 101006-4116-563000-4114 Transportation Trust / Impact Fees. Attachments: Bid Tabulation Sheet Bid Summary Spreadsheet Ranger Construction Industries, Inc. letter Cc w/attachments: Don West, P.E. - Public Works Director Maria Formoso, P.E. - Capital Projects Engineer ·.... v M 0 't"" . C/)M 0:::0 W=Þ: zO Qãi C/)' ~C/)"" -w z:Ew :):EJ: C/) ooC/) .... uUz z w~o w - .... :E ,uz~ w :):) > ..Jo::) 0 t-=um 0::: C/)LL.ct Q. 0.... :E 0 - :E 0::: Z Q. ct 0 0 0 ~ 0 U 00 m w N C/) (§) 0::: w M .... 0 Z 0 - N 0 .¡- ct 0 0 0::: 0::: w ~" m -2 :E >- w ..JD::: > WW 0 C/)W Z _2 C/)- 0" 0 0:::2 W ctW Z 3:1 W 03: Q. We.. 0 .... z 0 0 It) ::) N M ~ 0 M to- O :E "'lIt CD It) ct ~ at CD ..J N N CD N N "'lIt ~ It) CO to- O ø ø ø .... 0::: ~ 0 c:: 0 z 0 U z 0 u z W ¡:: I- < > U ..J < e :::J J: æ c:: Q. ..J 0 I- en LL. en ..J < ..J Z LL. 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""" M M """ o o ..,: o >0 oô I"- <A o M r-: 00 Q'\ Ñ /"01 \Q <A <fi. ..". /"01 0\ - o N M ..". """ Ñ N V) '-"! 'Õ i:i5 3 ... co It: '6 ~ f-- ." iiS ... <= ë g e -< ¡¡ Õ !- ; 4'\:; 'J.I ...." ;7 PIERCE January 28.2004 FAXED: (771) 461·1362 Atm: Mr. Mike Powley St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft, Pierce, FL 34982 Re: Bid #03-103 Edwardsl Selvitz Road Intersection Improvements Extension of Bid Price Dear Mr. Powley: Ranger Construction Industries, Inc. (RCI) agrees to keep the referenced bid open for an anticipated start in April 2004. The unit prices bid may be extended to accommodate the county's later than anticipated commencement of construction. Cc: File 4510 Glades Cut-Qff Road, FT. Pierce, Florida 34981 · Flhone: (772) 464-6460 . Fax: (772) 466-9559 Mailing Address: FI.O. Box 14589, FT. Pierce, FlOrida 34979-4589 · www.rangerconstruction.com ITEIh.t>. 5E DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONS~j1 PRESENTED BY:~.t"- · Leo J. Cordeiro. Solid Waste Manaaer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division SUBJECT: Staff requests Board permission to advertise for bids for Residential Solid Waste Collection and Recycling and to request bids for both billing and collection methods (i.e. liens) and providing an alternative bid for collection using the uniform method for the levy and collection of non-ad valorem assessments (tax roll). BACKGROUND: In January of 2003, the Board voted not to conduct a public hearing to discuss the possibility of collecting the Solid Waste Collection and Disposal fees as a non-ad valorem special assessment on the tax roll. On March 3, 2003, the Board approved a public hearing for the same and on May 6, 2003, approved Resolution No. 03-71 providing the Board with that option after the existing contract expires (9/30/04). When the bids are received for both billing methods the Board of County Commissioners can decide which way is more beneficial to this County. FUNDS AVAilABLE: NIA PREVIOUS ACTION: 10/22/02 - Board approved COM proposal to evaluate the advantages and disadvantages of placing the residential solid waste collection and disposal charges on property tax bills for an upper limit of $7,500. 01/28/03 - Board denied motion to advertise for public hearing to keep option open to place solid waste collection and disposal fees on the annual property tax bill. 03/11/03 - Board approved advertising the placement of solid waste collection and disposal fees as a non-ad valorem on the annual property tax bill after the existing contract expires. 05/06/03 - Board approved Resolution No. 03-71. 11/04/03 - Board approved COM proposal for study to place urban service area residential solid waste charges on property tax bills for an upper limit of $15,000. 1/27/04 - Board did not approve bidding for these services without the tax roll option. RECOMMENDATION: Staff recommends the Board grant permission to advertise for bids for Residential Solid Waste Collection and Recycling and to request bids for both billing and collection methods (i.e. liens) and provide an alternative bid for the levy and collection of non-ad valorem assessment (tax roll). COMMISSION ACTION: KI APPROVED () DENIED ( )' OTHER Approved 5-0 E: ANDERSON NTY ADMINISTRATOR Purchasing (X) ;I- < . ~ County Attorney (X) Mgt. & Budget ( ) Public Works (X) 1~ · Solid Waste (X) Finance: (check for(opy, only if applicable)_ Coordination/Sianatures Other ( ) .....-. ITEI'JI-..6. SF DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) ~ß PRESENTED BY: ~. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaaer SUBJECT: Staff requests Board approval of CDM proposal to provide engineering services for assistance with implementation of the Glades Road Landfill Northeast Corner Assessment Plan for a lump sum amount of $44,850. BACKGROUND: St. Lucie County currently operates the active Glades Road Landfill under Florida Department of Environmental Protection (FDEP) permit (Permit No. 0126814-001-S0). Over the past few years, FDEP has raised concern over elevated levels of water quality constituents in the northeast corner of the site. Some measures have been taken over the past years to evaluate the accuracy and determine an overall trend in the groundwater quality at the site. During a facility inspection conducted by FDEP on May 22, 2003, FDEP stated that evaluation assessment for the northeast corner is required prior to permit renewal in late 2003. On October 1, 2003, CDM, on behalf of the County, submitted an assessment plan to FDEP for review. The plan was approved by FDEP on November 24,2003. FUNDS A V AI lABlE: 401-3410-531 000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval of CDM proposal to provide engineering services for assistance with implementation of the Glades Road Landfill Northeast Corner Assessment Plan for a lump sum amount of $44,850. COMMISSION ACTION: ØC) APPROVED () DENIED { )" OTHER Approved 5-0 NCE: D ANDERSON COUNTY ADMINISTRATOR Ch ~ / Coordination/Sianatures County Attorney (X) J-i( " Mgt. & Budget (X) (j~ ~ ~ Solid Waste. (X) Public Works (X)~ Finance: (check for copy, only if applicable)_ Purchasing ( ) Other ( ) , \ - \..r ...., S1. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES I. PROTECT DESCRIPTION Consulting engineering services assisting the County in performing various tasks associated with the solid waste system. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professiona] Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. C. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK FEE/TYPE Glades Road Landfill Northeast Corner Assessment Plan $44,850 Lump Sum 1 mh14B2 doc ,. WITNESS: '-' WITNESS: !(~~./~~. \,./ .J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CAMP DRESSER & McKEE INC. 2 mh1482.doc \..; ""-" A TT ACHMENT A ST. LUCIE COUNTY, FLORIDA PROPOSAL FOR NORTHEAST CORNER ASSESSMENT PLAN GLADES ROAD LANDFILL BACKGROUND St. Lucie County (County) currently operates the active Glades Road Landfill under Florida Deparhnent of Environmental Protection (FDEP) permit (Permit No. 0126814-001-S0). Over the past few years, FOEP has raised concern over elevated levels of water quality constituents in the northeast corner of the site. Some measures have been taken over the past years to evaluate the accuracy and determine an overall trend in the groundwater quality at the site. During a facility inspection conducted by FOEP on May 22, 2003, FDEP stated that evaluation assessment for the northeast corner is required prior to permit renewal in late 2003. In addition, the inspection stated that failure in beginning the assessment may result in an enforcement action: On June 2,2003, Camp Dresser & McKee, Inc. (COM) submitted a letter to FDEP describing the plan of action for evaluating the assessment monitoring of the northeast corner. The plan followed the guidelines set forth in the Florida Administrative Code (F AC) and recommendations by COM in the Glades Road Landfill Water Quality Report (2001-2002) submitted in May 2003. On July 31,2003, FOEP issued a warning letter of possible violations and on August 14,2003, COM and County staff met with FDEP to discuss the warning letter and possible violations. From the meeting, a plan of action was developed for evaluating water quality off-site and implementation of an assessment plan. On October 1, 2003, COM, on behalf of the County, submitted an assessment plan to FDEP for review. On October 24, 2003, COM submitted a response to FDEP comments on the assessment plan. The plan was approved by FDEP on November 24, 2003 and the following scope of services is provided to implement the plan. SCOPE OF SERVICES PHASE I: INITIAL ASSESSMENT Tasks 1-3 (Phase I) of tll£ scope of sen,ices are provided to implement the plan of action developed at the August 14, 2003 meeting with FDEP. Task 1 - Monitoring Well Installation and Oversight COM shall subcontract a qualified well driller to install eight (8) new monitoring wells as described in the assessment plan provided to and approved by FDEP. COM will also provide oversight of the well installation activities. The wells will be installed in accordance with the specified conditions of the current FDEP operation permit and Florida regulations for monitoring well installation. Six of the new monitoring wells will be installed in the Florida Turnpike right-of-way and therefore will require a special permit from Florida Department of Transportation (FDOT). COM will assist the County in obtaining the FOOT permit for work to be performed within the right-of-way. A-l mh14B2 doc ~ ~ ~ COM shall subcontract a qualified land surveyor to locate the new monitoring wells using the local coordinate system of the site. The location and measuring point elevation of each of the new wells will be surveyed. In addition, measuring point elevations of several existing monitoring wells and staff gauges will be surveyed to assure accuracy and consistency. Previous water level data has shown numerous questionable elevations and consequently the validity of the groundwater contour maps has been suspect. Task 2 - "Vater Quality Analysis CDM shall provide the County' 5 laboratory subcontractor with the list of parameters to be sampled for the monitoring wells identified in the plan. The County shall pay for all costs incurred for sampling and analyzing the groundwater from these wells. Following the analytical results from the assessment monitoring, COM shall prepare a summary of the analytical results, groundwater contour maps, and iso-concentration maps for inclusion in the letter report. Task 3 - Letter Report COM shall prepare a letter report of the investigation and submit it to FDEP. The letter report will summarize the well installation, water quality sampling, and analytical results. The report will also include a comparison of groundwater quality results (including comparison to background levels), an evaluation of representative background water quality, groundwater contour maps, and iso-concentration maps. Based on the results of the water quality analysis, recommendations will be provided. A draft report will be provided to the County for review and comment. Any questions/comments will be resolved prior to finalization of the report and submittal to FDEP. PHASE II: ADDITIONAL ASSESSMENT (IF NECESSARY) The actual scope of work for Phase II is dependent on the results from Phase I. Tasks 4-6 (Phase II) of the scope of services are provided as the most likely approach following completion of Phase I. Implementation of a RBCA (risk-based corrective action) for the northeast corner would be unlikely during Phase II and would follow negotiations with FDEP. Phase II scope, schedule, and cost to be supplied under separate scope of seroices proposal. Task 4 - Additional Monitoring Additional wells, as needed, will be installed and water samples collected and analyzed. Task 5 - Monitoring Reporting Results from the additional water sampling will be analyzed and submitted to FOEP. Task 6 -Meetings with FDEP CDM will meet with FDEP to discuss appropriate actions. PHASE III: CORRECTIVE ACTION (IF NECESSARY) Phase III scope, schedule, and cost to be supplied under separate scope of services proposal. A-2 mh1482. doc ~ ~ .., SCHEDULE Task Time of Completion (months) (From notice to proceed) 1 2 3 Monitoring Well Installation and Oversight Water Quality Analysis Letter Report 2 4 4 PAYMENT AND COMPENSATION Payment for services shall be made on the basis of a lump sum fee for each task in the project scope of services and in accordance with Attachment B. CDM will submit monthly invoices based on the percent complete for the work performed. A-3 mh1482.doc .. \..r ..., A TT ACHMENT B BUDGET PROJECT: Glades Road Landfill Northeast Corner Assessment Plan PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County COmmissioners and Camp Dresser & McKee Inc. BUDGET: Labor Category Hours Officer 6 Principal! Associate 10 Senior Professional 32 Professional II 70 Professional I 30 Staff Support 12 Admin Support J1 TOTAL HOURS 172 TOTAL DIRECT SALARY $5,148 $2,023 $16,852 $1,500 $26,500 $44,852 $44,850 Plus 39.3% F~inge Benefits TOTAL LABOR COST (salary x 2.35) OTHER DIRECT COSTS OUTSIDE PROFESSIONAL SERVICES GRAND TOTAL USE A LUMP SUM B-1 mh 1482.doc , "wi AGENDA REQUEST ITEM NO. C-' DATE: February(j, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners ~ SUBMITTED BY (DEPT): Grants SUBJECT: Request for Board Approval to submit a grant application not to exceed $35,000 to the Florida Division of Emergency Management / US Department of Homeland Security for the development of a Community Emergency Response Team (CERT). BACKGROUND: St. Lucie County Public Safety and Grants staff has met with representatives from the Fire and Sheriff's Departments to develop the proposed project. The Community Emergency Response Team will be a coordinated effort of Public Safety, Sheriff's Office and Fire Department to train interested citizens to assist in emergency situations. The CERT proposal includes buying basic equipment, and hiring a part- time person to coordinate the program. Since the Sheriff's Department has similar volunteer programs, they have agreed to have the position in the PSL office. Match for the grant includes the time of the trainers and a long term commitment from all of the agencies to jointly fund the part-time position the following years. FUNDS AVAILABLE: Although a match is not required, Public Safety, Fire District and the Sheriff's Department will utilize their existing trainers to train the volunteers. PREVIOUS ACTION: At the February 3, 2004 BOCC meeting, the Board approved submitting a grant application to the Department of Community Affairs Emergency Management Program for the same CERT program. RECOMMENDATION: Staff recommends that the Board authorize staff to submit a grant application not to exceed $35.000 to the Florida Division of Emergency Management / US Department of Homeland Security for the development of a Community Emergency Response Team (CERT). COMMISSION ACTION: ~APPROVED 0 DENIED o OTHER: Approved 5-0 Dou a M. Anderson County Administrator Review and Approvals !hu ~NOttL County Attorney: ~ Management & Budget: ~V I v rurchasing: Originating Dept: _ Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 t þ ~ '-' ·:r~bW.GI.[~~~, ...' " COUNTY'. FLORIDA COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Jody Bonet, Grants Writer DATE: February 4, 2004 RE: Community Emergency Response Team Community Emergency Response Team (CERT) The goal of organizing and training a CERT is to have a dedicated source of volunteers to assist if a hurricane or other disaster impacts our region. The State and the Federal governments encourage the formation of community CERT programs as evidenced through this grant program. The Fire and Sheriffs Departments and Public Safety will work together training the interested citizens. A part-time volunteer coordinator will be hired with grant funds to recruit citizens, schedule the training and meetings. The Sheriffs Department has agreed to manage the grant and Public Safety will provide $12,000 to cover the personnel costs for the part-time coordinator. If the Fire District receives approval to provide $6,000 toward this program, Public Safety's will only have to provide $6,000. However, at the time of grant application, Public Safety has funds identified for this. Although the grant does not require a match, this commitment from Public Safety demonstrates our commitment to the CERT program. Grant funds will assist in the purchase of equipment and training manuals and to hire the part-time coordinator. Match funds will also include in-kind time of the trainers and staff to work on this project. ,,:' ....,.¡ ITEM NO. C -7A DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Donation of Surplus Equipment to Bethel Baptist Church. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board approve the donation of the surplus equipment to Bethel Baptist Church. Approved 5-0 -- COMMISSION ACTION: OQ APPROVED () DENIED (J OTHER 7\NDERSON NTY ADMINISTRATOR Coordination/Sianatures County Attorney (X) Originating Dept. ( ) %- Mgt. & Budget ( ) Other ( ) I / Purchasing (X) /747 Other ( ) Finance: (check for copy, only if applicable)_ ... ¡ \..- -."",I Information rréchnofogy MEMO To: Ed Parker, Purchasing Director From: Bob Rosart, Manager Date: December 11, 2003 Re: Old Computers Ed, Here is a list of the computers that have been cleaned and erased for Bethel Baptist Church 2750Mc Neal Road. Ft. Pierce Florida WS# 939611, 931038. There were never any Property or serial numbers assigned to these computers, they were given to the Library and are now out of service and of no use to the County. I am requesting that we donate them to this Organization. See attached request Thanks Bob Rosart r-,) (j:; ~::3 \.,J -- ,'-- ~ c-, , .' , , ,.~ ) ."'-~ -,".- .. ~".~..) ,"" '-' .....,J c:Petlz.e! c:Papti.åt f:.Iz.U,lc.ch. 2750 McNeil Road Fort Pierce, FL 34981 (772) 464-6281 November 5, 2003 Saint Lucie County BOCC ~ 2300· Virginia Avenue Fort Pierce, FL 34982 Attention: DeDnis Wetzel Dear Mr. Wetzel, This letter is in reference to the donation of two complete personal computer (17" monitor, computer, and keyboard, Mouse) for Bethel Baptist Church. It has been brought to our attention that you have' access to these computers and we· would greatly appreciate any help you might be ableto give the church in getting these computers. Since, the computer we now have is very old and outdated. This would help with the everyday business of the church and would be put to good use. Thanks so much for your help with this. Sincerely, ~/Þ~~/4~ Kenneth R. Nonnan Pastor Bethel Baptist Church L' ...".'. "wÎ ITEM NO. C - 7B DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and Sole Source declaration for purchase of wood waste material from the C&D Processing Facility to New Hope Power Partnership. BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to New Hope Power Partnership to purchase wood waste material from the Public Works Department, Solid Waste Division C&D Processing Facility. New Hope Power Partnership is the only co-generation plant permitted by the Department of Environmental Regulations to use this type of material as fuel. FUNDS AVAilABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for purchase of wood waste material from the C&D Processing Facility to New Hope Power Partnership. Approved 5-0 derson y Administrator COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: County Attorney: (X) Originating Dept: - ~/ v . Coord ination/Sianatures '1 Mgt. & B"d9'1~(~) ~ VV\ tìIIt!z Other:.: _" ' Purchasing Mgr.:(X) tf1 / Other: Finance: (Check for Copy only, if Applicable) ; \..-; -.J Page 1 of 1 Edward Parker - sole source From: To: Date: Subject: CC: m'_~___" ~'_'____'.'_.__'__"_ Ron Roberts Parker, Edward 2/2/2004 11: 18 AM sole source Cordeiro, Leo _,.________._.n___.__._ ._. ____________.,___... ..._.__.u.__._,_..___,_.._ ______._.___._.________..__.__..________ ,~~ Ed, the official name of the company that we want to sole source with the wood waste is "New Hope Power Partnership". Do you have everything you need for the item? file:1 IC: \Documents%20and%20Settings\ParkerE\Local%20Settings\ Temp\GW} 0000 1.HTM 2/2/2004 ...,¡ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 04-033 CJ1-29-u4 ¡';J,):ji. 11\ TO: Ed Parker Purchasing Director FROM: Leo J. Cordeiro ø Solid Waste Manager DATE: January 26, 2004 RE: C&D Wood Waste Please take the necessary steps to award the purchase of wood waste material from the C&D Processing Facility to Florida Crystals/Okeelanta Co-Generation Facility. The justification for the sole source is that Florida Crystals/Okeelanta is the only co-generation plant permitted by the Department of Environmental Regulations to use this type of material as fuel. We have excluded the Mulching SeNice companies because they could put the County at financial risk due to the varied use of the product. If the Board approves the sole source staff will prepare the necessary contract for approval. Please call if you have any questions. LJC:dls C: Dan Mcintyre, County Attorney Don West, Public Works Director I JAN-3ø-ø4 09 0 AM \..,. STLUCIEC0S0LIDWASTE P.01 ~- 'I J TO n CD Pct"tQ"-. ~~x LOCATION FAX # 77246:; 87 -....I FAX TRANSMITTAL MEMO NO. OF PAGES DATE (Induding cover sheet) =r:f FRO,-<C)'N ~ ctw_dz') COMPANY ST. LUCIE COUNTY SOUD WASTE BALING AND RECYCUNG FACILITY LOCATION BALEFILL - 6120 GLADES CUT OFF ROAD FT. PIERCE, FL 34981 FAX # 772-462-6987 PHONE# 771-462-1768 COMMENTS l' ,. 00)- ~ JAN-30-04 0q 1 AM -JJu~:i'(·.:'U:j':¡\..t: 1a STLUCIEC0S0LIDWASTE ,:k,l ':I ';=,:;:5 '.:JI; f\.f+'f-' 77246:;~7 P.02 '-'..'~¡,~ I.f~ NE 'W' J-JOPE .PO~lER I) ARTNERSI-HP Okeehnt:t Cogcncralioul->Jant Fuel OpCr.1tion~ Dcpartnlcnr Memo ]otuuary 30, 2CC4 1';:1: .Mr, r .:'-(, J. Cvroeìro So)Lrl 'XTam: Manager S¡:. Luci.e CoUl1t)' f¡ /2(; Gladf's C'JJt-Off Rom FOrt Piercl"', FL 34981 Rl': W'or)d Fueì G "&.)'IlOlds~ Flurn: On b~h'lU oi' I\;ew I-rope Power Pannersrup, as operators of Oh'ehnta Co¡;çner.uJon Phm. v.:ç> .ut" prepared to enter into a long-t~nll agœel11enr for fuel wood from SL Lucie ('olln~), \\;"e ,¡re preselltlythc oD1yoperarùlg cOKeneranon facility in South Plonc1, , 'Jh~Floríd;! Dqnrtmem ot En\'i!UlllllfIltal I'rotectiütl has issued a PSD permit tÌlé1r: a!J')W5 thf' Plam W J:èct:ive "J·'.l:horized ",,-ood ma:enar, ,,'hich is deIÎr:ed as "'ciean COT15tnKtrc'n :.1.11(; demolition wood debris, yard trash, land deanng debri~, and t>thcr d~.u1 cdJulose an.! veger'ít';ye 11hlttcr:" Tht .PIant\ (ut'I mar COllt;t;.;) '\\lOQJ, lumber, tt::c:s, tree rr.r'1;ltfi~ and other d.öJn vc.gCt¡Hiv~ and ceHi.tk\se 31.Jtt~z.·' nl1l~, rhe Pl;UH can recewe dean 'Ç\'ood V:;lSre tluf ha.\; bee;:¡ removed from CQnst!L~ctiO:l and dt:'rnuuticm dtbrii, ,,;urh ;1$ plywood anrllumbeL 'The Plant wilt not ilccepr 'WOod tlw i~ p2Ïnted or pressure tre<l.ted. ror example) tÜe PL~m \\ill not accepr wood thar hils beeu chemi::illytreated wirh creosote, p~nr;.iÎhìo.loF,hen',ìl. or cnppr.-r dJtornateJ. :Msellic (CCA). Pl".'\se call me at (561) 99J-100-1 if}'uu ha:\:t ilnyquestiom. .~ JAN-30-04 0'? '1 AM '-' STLUCIEC0S0LIDWASTE 77246:- 87 ....".¡ P_03 NEWHOPE POWER PARTNERSHIP OkeeIanta Cogeneration Plant Fuel Operations Department 561-993-1004 Meow J anlklI)T 7, 2004 To: S l. Lucie CDumy Landfill Re: C&D Fuel From: C Reynolds Okcclanta spec C & D fuel wood. $5.50 GT FOB St. Lucie County Landfill ~ JAN-30-04 0':: '2 AM STLUC I EC0S0L I DWASTE \... 7724 6 ~,,-,,8 7 P.04 OI<EELANT A CORPORA rrON WOOD FUEL SPECIFICATIONS_ YARD WASTE/ C & D ''Conforming Wood Waste" or "CWW" means Wood Waste conforming to all of the following specifications: (a) Only clean woody material: (1) Yard Waste derived from landscape maintenance, land clearing operations, shrub and tree trimmings, tree stumps. (2) C & D: dean construction/ demolition debris (3) whole tree chips, and ground whole logs. None of the above shall include grass, leaves, or residual of palm, and (b) No trash, garbage, sludge, hazardous waste, municipal waste, biohazardou5 waste, biological waste or medical waste, and (c) Less than .5% by volume or weight on an as received basis of plastics, rubber, glass, paper, painted wood, and (d) Free of chemically treated wood (e.g., chromium, copper, and arsenic; creosote; or pentachlorophenol), except for incidental amounts, not to exceed .01/0 by weight on an as received basis, and (e) Less than 5/0 Dry Ash, and (f) 100% of each fuel delivery must be of pieces less than 6 inches in any dimension. 95% of pieces must be 4 inches in any dimension. 85/0 of all pieces must be greater than i" in their smallest. dimension, and (g) Within the parameters required by all county, state, and federal agencies at the time of delivery, and (h) Will not cause excessive eqUÎpment of boiler maintenance and shall not cause voiding of any of the warranties, and (i) Potassium content shall be less than 1,000 parts per million, ánd (j) Adequate separation shall have been used prior to delivery to remove foreign material including, but not limited to, metal, rock, concrete, soil, paper, petroleum products or other impurities. (k) No cans (aluminum, metal, etc.) (I) Less than 37% Moisture \.-. 'wtI ITEM NO. C-7c DATE: 2/10/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. PurchasinQ Director SUBJECT: Permission to advertise Invitation for Bid for the purchase and installation of water heaters at the Rock Road Jail. BACKGROUND: To solicit bids for purchase and installation of water heaters at the Rock Road Jail. FUNDS AVAILABLE: Account #316-1940-546200-1527 Rock Road Jail Maintenance Projects. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation for Bid for the purchase and installation of water heaters at the Rock Road Jail. COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER Approved 5-0 Coordination/Sianatures County Attorney ( X) O-í. '- V J« Mgt. & Budget ( ) Other ( ) Purchasing (X) I-~ -I. I' Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ ..." ,.... '..J '--' MEMORANDUM DEP ARTMENT OF CENTRAL SERVICES TO: Ed Parker, Purchasing Director FROM: Jerry Parenteau, Project Manager DATE: February 2, 2004 SUBJECT: Water Heaters / Rock Road Jail ............................................................................... At this time staff would like to go out for bids for the purchase and installation of nine (9) water heaters at Rock Road Jail, and are requesting that you please prepare an agenda to get BOCC approval on this. Description of work to be completed is: Purchase arId installation of nine (9) water heaters at the Rock Road Jail Facility. Installation will include: all electric and plumbing, dismantle, removal and disposal of old hot water heaters. Fund: 316-1940-546200-1527 (Rock Road Jail Maintenance Projects) Should you have any questions, please feel free to contact me at ext. 2567. Thank Y O.u <.------¡ /. c;::2:t~ú#~ (/) --1 .- , c: n rrì CJ o c: Z ---1 -< r-.:t S ..c:::: ...,., rri 0::> I N u c: :::D \.'J:p Z·jt1 ",;> CJ (l) IT1 -0 :3: ~z:< C")rM :-10 rn ~ .., --o¡ ~ W .t= \...- ~ AGENDA REQUEST ITEM NO: C-8 DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: PURCHASE OF LASER GRADEMASTER GRADING SYSTEM (EQUIPMENT REQUEST #EQ04-086) BACKGROUND: The FY03-04 approved budget allocated $8,000 for the purchase of a Box Blade (EQ04-086). Due to budgetary constraints only the "box" was requested in FY03-04, and staff planned on procuring the additional pieces to complete the system in the future. As a result of funding that became available subsequent to the purchase of all budgeted machinery and equipment in the Fairgrounds account, staff is now requesting authorization to use the savings to complete the laser grade system. The complete system, costing $16,015, is designed for use on any number of small tractors (already on-hand), will not only be used to level the arenas at the Fairgrounds, it will also be instrumental to the grounds crew in maintaining our numerous baseball diamonds/mounds, improving drainage, and preventing puddling on the fields. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: 001-7420-564000-700 (Machinery & Equipment - Fairgrounds) RECOMMENDATION: Staff recommends approval of authorization to amend equipment number EQ04-086 and purchase the complete laser grading system at a cost of $16,015.00. [ X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Approved 5-0 Dou . Anderson County Administrator Coordination/Signatures {}y/ , I /Jr( County Attorney:~ Management & BUdget:/H:LfllJrrf!;¡PurchaSing:~ Originating DePt~~~rkS: Other: Finance: (if applicable) H:\AGENDAS 03-04\2_10-04-F~R~~S-GRADEMASTER.DOC ... 'wi >< tij .D 0 Q) 0 VI I"- ro I .D 0 VI 0 en 0 ::s ~ ~ 0 <0 '- Q) 10 WIIII:t E I 0 Zo ::s N c: ~ 00 cncn c: I"- WW I ëü ..... _N » - 0 enM 'æ 0 eno >< E -0 ë .9 :EN W 0 C VI :it :E~ z .. tij wC - t- 0« :ew ::s Z :eð .D ::) OW IIÎ 0 ~j 00:: '0 CJ CJD. c: ~ ~~ ::s . o VI '-'0 z« C)- '- Q) :)0 Q 'æ ¡¡:: U-Q) O~ W Q)£ .r:. c: Ou. en :: 0 - roC) u.~ > VI c: ro= 00 W c:'t:I ~ Q)'t:I cu. '- ::s roo. Q)- ~I- .r:.C: - Q) «en -> Q) Q) OW > '- Q) a. £0:) õ't:l _ c: ~g >.ro '2cP o C) z~ - ro o c: c: .- :)1- ro '0'- OZ Q)'t:I VI Q) OW ::s > Q) 0 W:E .DB. =E -~ ~ .-. 0- E VI :):) Q)'t:I _ c: ..JO ~5 <0 a') W VI E 0 . eìñ I I- '- :¡:;'t:I g en Q) c: c: 0 VI Q) 0 ro VI E w -I .- ro .r:. ._ t-'t:I Š w a:: t- z w :e D. 5 a w "'" ~ ~ AGENDA REQUEST ITEM NO. 9·A DATE: February 10, 2004 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner Grants Writer SUBJECT: Authorize the Chairperson of the Board of County Commissioners to sign a renewal subscription agreement for eCivis Grant Locator. BACKGROUND: eCivis Grants Locator is a database service that provides information on federal, state and private foundation grants. During the past year, the program has been successfully used by County grant writers, the Sheriff's Department and the County Health Department in identifying grant sources. The contract for the service is due to expire. The renewal agreement will permit the County to continue use of the service through January 15, 2005. The cost of the annual subscription for the service is $15,000. FUNDS AVAilABLE: Funds of $15,000 for this service have been budgeted in Fund 001-1210-534110- 100 for software contracts. PREVIOUS ACTION: On 12/11/02, the Board approved a one-year eCivis subscription agreement. County staff have successfully utilized the system during the past year. RECOMMENDATION: Staff recommends the Board authorize the Chairperson to sign the eCivis Renewal Agreement. ¥APPROVED -D~OTHER: o DENIED Dougl sM. Anderson County Administrator COMMISSION ACTION: CE: Approved 5-0 Review and App~' .~ County Attorney: ~ Management & Budget: ~ II' 'V¡ Purchasing: - Originating Dept: _ Other: _ Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ~ " \.r ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Bill Hoeffner, Grants Writer FROM: Victoria Winfield, Assistant County Attorney v C.A. NO.: 04-130 DATE: January 28, 2004 SUBJECT: eCivis Renewal Agreement ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Your eCivis Renewal Agreement #1 has been forwarded to me for review. I would recommend getting BOCC approval first before proceeding. While that is being done, you may want to request that eCivis correct the date in the term section. I believe they incorrectly state "2003" when they probably mean "2005". I also would advise not to initial the Price Protected Renewal so that the contract is renewed on a yearly basis. Please let me know if you have any additional questions or if I can provide /' further assistance in this matter. VW / caf Attachment (original Agreement) , .-,~ -' ~ eC IVI S GRANTS LOCATOR RENEWAL AGREEMENT #1 ....., Date January 19, 2004 Reference No. 50412 eCivis.com, LLC is pleased to extend your current contract of Grants Locator for an additional year. All the terms and conditions of Contract number 10196, a copy of which is attached, remain in effect, except for the following modifications to the first page and the additional paragraph to the terms and conditions listed below: January 16, 2004 to January 15,4Q8ê .200 ~ 1) Term: 2) Fees (please select): 3) Access Holders: 4) Principal Contact: 5) Master Access Holder: $15,000; Includes 6.75% Discount Unlimited Accounts Tracey L. Perkosky, Director, Client Services, 626-578-6624 Bill Hoeffner, Grants Writer, 772.462.1467 To Guarantee a Price-Protected Renewal: This Subscription Agreement will automatically renew for additional calendar year(s) unless eCivis receives written notification on or before the termination date. Notification must be sent to eCivis at the address listed above. Fees will be calculated as the lesser of the previous year's price plus 5% or the then current maximum price. Fees will be invoiced and payment is due within 30 days of contract extension. Initial to agree to the Price-Protected Renewal option. I All contracts are a Year-to-Year Renewal except if the Price Protected Renewal option is selected. The Year-to-Year Renewal offers an extension agreement and can be signed each year in advance of the current contract termination date, understanding that no guarantee is implied regarding a maximum price increase from year to year. Between the following parties: Vendor Customer eCivis.com, LLC 150 E Colorado Boulevard, Suite 215 Pasadena, CA 91105 (877) 232-4847 (Toll Free) County of Saint Lucie 2300 Virgina Avenue Ft. Pierce, FL 34982 772.462.1467 It is agreed by both parties that the terms of the Renewal are stated as above and that all other terms and provisions of the Subscription Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement. ./ eCivis.com, LLC By,-r~ ¡,&Vn;}1) Tracey L. Perkosky Director of Client Services County of Saint Lucie, FL By: Print Name JWllitua:; 04' Date Print Title Date 2 ~-r· .. '-' 5(.....,~t I~ eC,vI5 Kt:jJ 0 r+- , . :, eCivis Grant Detail Printout 2/2/2004 Grant Title: Florida Recreation Development Assistance Program - FY 2004 Grant #: FLOl17 summary -- Due Date: 09/12/2003 Solicitation Date: Unknown Type of Grant: Florida Multipart Grant: NO Agency Name: FL Department of Environmental Protection Office: Division of Recreation and Parks Summary: The purpose of this program is to provide for the acquisition or development of land for public outdoor recreation use or to construct or renovate recreational trails. Program funds are distributed on a reimbursement basis, so applicants should be able to fund project without assistance. A project must be for one of the three following categories: acquisition of land for public outdoor recreational purposes, development of land for public outdoor recreational purposes, or construction or renovation of a public recreational trail. An acquisition project receives funding to develop an acquired site for public outdoor recreation use within three (3) years. A development proposal should consist of the complete or partial development of the site for public outdoor recreational use. A development project may consist of one improvement/renovation or a group of related improvements/renovations designed to provide primary facilities for outdoor recreation. A trail project should consist of a new trail or renovation of an existing trail for public outdoor recreation. A trail project may consist of one trail or multiple trails and related improvements within one project boundary. Support facilities alone do not constitute an eligible project, except development projects which provide or improve sandy beach access and trail projects which provide trailhead or trailside facilities. Such projects that do receive funding will have up to three (3) years to complete the project. Applicants may submit up to two applications during the submission period. Applications must involve only one project site, except for acquisition or development of sandy beach areas. Keywords: recreation, parks, outdoor recreation, parks and recreation, sports, trails, activities, environment, conservation, land, acquisition, development, renovation, public, beautify, beauty, nature, outdoor Categories: Natural Resources Parks & Recreation Environment last updated: finandals Match Required: Yes Minimum Range Per Award: $50,000 Maximum Range Per Award: $200,000 Minimum # of Grants: N/A Maximum # of Grants: N/A Match Notes: There are matching funds required for this program. If the total project costs are $50,000 or less, the State may grant up to 100% of the total costs, with 0% matching required from the applicant. If the total project costs are between $50,000 - $150,000, the State may grant up to 75% of the total costs, with 25% matching required from applicant. · ~ ~ '-' ....""" If the total project costs are greater than $150,000, the State may grant up to 50% of the total costs, with 50% matching required from applicant. Cash, the value of undeveloped land owned by the applicant, and in-kind services may all be considered matching funds. last updated: eligibility /application Eligibility: Municipal and county governments or other legally constituted entities with the legal responsibility to provide outdoor recreation may apply. Applicants: Local Government Application Notes: Applicants must submit an original and two (2) copies of the application and supporting documents. Applications are to be submitted between August 12 and September 12, 2003. Applicants may submit up to two applications during the submission period. Applications must involve only one project site, except for acquisition or development of sandy beach access. Applications should be submitted in soft cover binders with tabs to support documents or attachments. Applications submitted without tabs will be returned to the applicant. Applications must be postmarked no later than September 12, 2003 and submitted to: Department of Environmental Protection Division of Recreation and Parks Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, Mail Station 585 Tallahassee, Florida 32399-3000 last updated: contact/files Mailing Address: Dept. of Environmental Protection Div. of Recreation and Parks Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, Mail Station #585 Tallahassee, FL 32399 Contact: Terri Messler 850.488.7896 Downloadable Files: NOFA File: FL0117 NOFA FY2.º-º~.pdf Application File: FL0117 ApQ_fY2004.mlí Federal Forms: File Notes: The attached NOFA File contains facts about the program. Complete application materials are contained in the Application File. v '-' ....., St. Lucie COunty INTERNATIONAL A AGENDA REQUEST ITEM NO. C-lO-A DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Stonnwater drainage improvement design BACKGROUND: The airport has approximately 100 acres of pavement used as landing surfaces and parking aprons for aircraft at the airport. The original design of the stonnwater system associated with this pavement called for the sheetflow of stonnwater across the pavement and into the collection ditch system and then into the stonnwater ponds. Due to the rapid development of hangars at the airport, the existing stonnwater systems have not been able to accommodate the increased stonnwater. This scope of work provides for the design of erosion control measures for aircraft aprons. This $41,785 scope of work from Kimely-Horn & Associates provides for the design, preparation of drawings, estimates, and specifications, project bidding assistance, and construction management services for erosion control measures. The design will investigate the use of geotextile with sod, concrete flumes or some other fonn of erosion control measures. Since this project is grant eligible, the Florida Department of Transportation (FDOT) has approved the use of grant funds that will cover 80% ofthe cost ofthis project. FUNDS A V ARABLE IN ACCT#: Funds are available in airport drainage improvement account (140323-4220-563000-48008). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Authorization #2 for $41,785 scope of work with Kimely-Horn & Associates for the design phase services, bid.,and award services, and construction phase services associated with stonnwater drainage improvements at St. Lucie County International Airport. COMMISSION ACTION: MAPPROVED [ ]DENIED [ ]OTHER: Approved 5-0 :tZ- OMB~purchaSing Other: Other: , if applicable) Reviews & Approvals County Attorney: Originating Dept: Finance: (Check ~ ..., WORK AUTHORIZATION NO.2 St. Lucie Gounty Board of County Commissioners St. Lucie County International Airport Agreement No. C03-10-636 Drainage Improvement Design Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County"), as successor in interest to the St. Lucie County Port and Airport Authority, and Kimley-Hom and Associates, Inc. (the "Engineer") dated October 14,2003, the Engineer agrees to perfoTIl1 and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the parties have caused this Work Au'thorization to be executed and delivered, effective as of , 2004. ATTEST: BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN .. APPROVED AS TO FORM AND CORRECTNESS: . WITNESS: KIMLEY-HORN AND ASSOCIATES, INC. BY~ David R. Bardt, P.E., Vice President DATE: \ \l~'o1 /' ~~~ )v~~ '--' ...., EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Drainage Improvement Design Overview The general scope is to provide professional engineering and construction management services for improvements at St. Lucie County International Airport. This work order involves investigations; design; preparation of drawings, estimates, and specifications; project bidding assistance; and construction management services for erosion control measures for aprons northeast of Taxiway Bravo and southeast of Taxiway Charlie. The work is anticipated to involve the construction of a geotextile with sod, concrete flumes or some other form of erosion control at St. Lucie International Airport, Florida. . Task One - Survey During the survey phase, the Engineer will acquire the necessary topographic information in the areas of concern northeast of Taxiway Bravo and southeast of Taxiway Charlie. The Engineer will coordinate the required field work with the County in order to minimize the impact to aircraft operations. The information acquired in the field will be used to build the base map for the project. Task Two - Alternative Development .. During this phase, the Engineer will develop three (3) alternatives for review with Airport Staff. For each alternative, the Engineer will develop a conceptual sketch and conceptual cost estimate and perform any necessary hydraulic calculations to develop the alternatives. The Engineer will select an alternative to recommend to the County and meet with the County to review the alternatives. ' Task Three - Design Phase During the design phase, the Engineer will prepare construction plans, technical specifications, Engineering Report and a Preliminary Opinion of Probable Construction Cost for the installation of erosion control measures at the aprons northeast of Taxiway Bravo and southeast of Taxiway Charlie. It is anticipatejl that the plan sheets will include: 1. Cover Sheet 2. Key Sheet 3. Plan Sheets ( approximately 3 sheets) 4. General Notes 5. Detail Sheet Engineer will submit plans, technical specifications, and Engineering Report to the County for review at 90%. Comments or questions raised by the County at this review will be incorporated in the 100% plans. Deliverables: 1. 5 copies (11 "x 17") of the plans at 90% & 1 00% completion 2. 5 copies of Technical Specifications at 90% & 100% completion. 3. 5 copies of Engineering report at 90% & 100% completion " '-' ..,., 4. Preliminary Opinion of Probable Construction Cost at 90% & 100% completion. 5. Electronic Copies of Plans and Specifications at 100% completion. Task Four - Bid and Award Services After acceptance by the County of the Bidding Documents (100% Plans and Technical Specifications) and the most recent opinion of probable Construction Cost, and upon request by County, we will: (1) Attend a Pre-Bid meeting for prospective bidders (2) Provide responses to questions raised by potential bidders during advertisement and review time. (3) Prepare up to one (1) addendum as may be required during the advertisement. (4) Review bids submitted and assist the County in evaluating bids. Deliverables: (1) Responses to bidder questions (as necessary). (2) Addenda during the advertisement (as necessary). Task Five Construction Phase Services During the construction phase, we will: (1) Participate in a Pre-Construction Conference before commencement of Work at the Site. (2) Make up to five visits to the Site at intervals appropriate to the various stages of construction, as we deem necessary, in order to obšerve as an experienced and qualified design professional the progress and quality of the Work. (3) Issue necessary clarifications and interpretations of the Contract Docu~ents as appropriate to the orderly completion of Contractor's work. (4) Recommend Change Orders and Work Change Directives to County, as appropriate. (5) Review and approve or take other appropriate action in respect to Shóp Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility wjth the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. (6) Based on our observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation make recommendations to Cotfnty regarding the amounts that the Contractor should be paid on a monthly basis (up to 2 payment requisitions). . (7) Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that we may recommend, in writing, final payment to Contractor. (8) We shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. We shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Schedule Tasks One and Two will be completed within 60 days of notice to proceed to the Engineer. Tasks Three will be completed within 45 days of the completion of Task Two. Tasks Four and Five will be established to coincide with the County's schedule for bidding and construction. '-" ".. ,"..... .._.._..H ~..... .. N·~··"'___..··_"·~.·_""''''.''''''"",·",,,.~·____.· , Exhibit B Professional Engineering Services Fee Estimate Drainage Improvements at St. Lucie International Airport PROJECT: CLIENT: ESTIMATOR: Drainage Improvements at Ramps St Lucie International Airport TMS SHEET I OF I FILE NO. DATE' 01109/04 , DESCRIPTION: DIRECT LABOR ( MAN-HOURS) ; Project Sr. Analyst/Sr. Administrative Total KHA Manago< Professional Professional Technitian CADD Support Total Hours ubConsultan Labor , , 'NO. 200.00 160,00 115.00 100.00 85.00 60.00 , I Survey 2 5 30 5 . 42 2 Hyd. Cales I 2 4 7 3 Alternative Devdopmmt 2 2 2 6 , 4 Alternative sketch.. I 2 9 12 5 Altcmative Costs I 2 2 5 , 6 MeelÍDR w/client to select alternative 6 2 8 ¡ 7 Pr<parc plans (90%) 2 2 I Cover I 4 5 .' 2 Key Sheet I 4 5 . 3 Plan She<ts (3 sheets) 2 8 30 40 " 4 General Notes I 2 4 7 .. 5 Details I 4 9 14 EnRÌDeers Report 3 6 6 15 8 ()Pinion of Probable construction cost I 2 2 5 9 Specs I 3 6 4 14 10 Reviow wI Client 6 6 II Revisions to 100% 3 6 12 2 23 , 12 Pr<bid MeetinR 6 2 8 13 ReSDOll5e to Questions! Addendum 2 2 4 14 Bid Oocninl! 6 2 8 15 R<eommendation of Award I 2 3 16 Pr<eonstruction Me<tinR 6 2 8 17 Site Visits 40 2 , 18 Shop DnwinRsIMisc submittals 2 4 2 19 Pay Application review 2 4 2 20 Final Inspection 8 8 TOTAL ( MAN-HOURS) 65 4 59 76 77 , 32 255 COST S 13.000 S640 56,785 S7,600 S6,545 SI,920 S36,490 Exp<os<s &. Sub Consultants Subconsultant Travd- Auto Mileage Printing - Plots (per page) Printing - Pbotocopy(per page) Other TOTAL NON-SALARY COSTS ./" 900 28 1000 SO.37 $LSO $0,10 S3,OOO.00 S328.50 S42.OO $100,00 $ 1,824.50 $5,295.00 Total Cost Labor + Expense 541,785 Q,1044334000/ContractslFRPworkorder2,xls 1/13/200-1 +3:15 PM "" . . -./ \....r '...I St Lucie County INTERNATIONAL A AGENDA REQUEST ITEM NO. C-lO-B DATE: February 10, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Security fencing design Paul Phillips BACKGROUND: For the past five years, the Board has approved three security fencing projects at St. Lucie County International Airport. These three fencing projects have'secured approximately 80% of the areas south ofthe primary runway. This $38,807 scope of work from Kimely-Horn & Associates provides for the design, preparation of drawings, estimates, and specifications, project bidding assistance, and construction management services for the installation of security fencing and electric gates to complete the installation ofthe balance ofthe fencing south ofthe primary runway. This project will provide controlled access to these areas and increased safety. FUNDS AVAILABLE IN ACCT#: Funds are available in airport construction of perimeter fencing account (140321-4220-563000-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Authorization #1 and the $38,807 scope of work with Kimely-Horn & Associates for the design phase services, bid and award services, and construction phase services associated with the Phase 4 security fencing at St. Lucie County International Airport. COMMISSION ACTION: f)lAPPROVED [ ]DENIED . . . /" Approved 5-0 [ ]OTHER: Reviews & Approvals County Attorney: Originating Dept: Finance:(Check f1 OMB_tM- t1lDC¡ Other: . , if applicable) Purchasing Other: "' \.- """ WORK AUTHORIZATION NO.1 St. Lucie County Board of County Commissioners St. Lucie County International Airpor~ Agreement No. C03-10-636 Security Fencing and Gate Design Pursuant to that certaîn Contract (the "Agreement") between S1. Lucîe County (The "County"), as successor în înter.est to the S1. Lucîe County Port and Airport Authority, and Kimley-Horn and Assocîates, Inc. (the "Engîneer") dated October 14,2003, the Engineer agrees to perfonn and successfully complete the Scope of Servîces along with the schedule for completion ofthe work attached hereto and made a part hereof as set forth în Exhibit A. Compensatîon to the Engineer shall be as described in Exhîbît B. IN WITNESS WHEREOF, the partîes have caused this Work Authorizatîon to be executed and de1ivered, effeçtîve as of , 2004. ATTEST: BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: . CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: WITNESS:/" KIMLEY-HORN AND ASSOCIATES, INC. BY: ~- David R. Bardt, P.E., Vice President DATE: \ \G \Oi 'i- \..r ...,¡ EXHIBIT A SCOPE OF SERVICES FOR S1. Lucie International Airport Security Fencing and Gate Design Overview The general scope is to provide professional engineering and construction management services for improvements at St. Lucie County International Airport. This work order involves investigations; design; preparation of drawings, estimates, and specifications; project bidding assistance; and construction management services for perimeter security fencing and access gates. The work is anticipated to inc1ude involve the insta11ation of three motor operators on existing s1ide gates, one new motor operated slide gate and perimeter fencing arid swing gates at St. Lucie International Airport, Florida. Task One - Design Phase During the design phase,-,the Engineer wiH prepare construction plans, technical specifications, Engineering Report and a Preliminary Opinion of Probable Construction Cost for the insta11ation of motor operators on three existing slide gates, one new motor operated slide gate and approximate1y 5800 linear feet of perimeter fencing and eight swing gates. The operators"'Wi11 be contro11ed by key pads. It is anticipated that the plan sheets wiH inc1ude: 1 . Cover Sheet 2. Key Sheet 3. Plan Sheets ( approximate1y 6 sheets) 4. General Notes 5. Gate and Fence Detail Sheet 6. Gate Contro11er Single Line Diagram 7. Electrical Service Plan 8. Electrical Details Gate access equipment wi11 be inc1uded in the specifications. Should the County wish to standardize the gate access ecfúipment with other systems in use by the County, the specifications for that equipment sha1l be provided to the Engineer by the County. Engineer wiH submit plans to County for ,review at 90%. Comments or questions raised by County at this review wi11 be incorporated in the 100% plans. Deliverables: 1. 5 copies (11 "x 17") of the plans at 90% & 100% completion 2. 5 copies of Technical Specifications at 90% & 100% completion. 3. 5 copies of Engineering report at 90% & 100% completion 4. Preliminary Opinion of Probable Construction Cost at 90% & 100% completion. 5. Electronic Copies of Plans and Specifications at 100% completion. \. .., Task Two - Bid and Award Services After acceptance by the County of the Bidding Documents (100% Plans and Technical Specifications) and the most recent opinion of probable Construction Cost, and upon request by County, we wi]]: (1) ·Attend a Pre-Bid meeting for prospective bidders (2) Provide responses to questions raised by potential bidders during advertisement and review time. (3) Prepare up to one (1) addendum as may be required during the advertisement. (4) Review bids submitted and assist the County in evaluating bids. Deliverables: (1) Responses to bidder questions (as necessary). (2) Addenda during the advertisement (as necessary). Task Three Construction Phase Services During the construction phase, we wi]]: (l) Participate in a Pre-Construction Conference before commencement of Work at the Site. (2) Make up to five visits to the Site at intervals appropriate to the various stages of construction, as we deem necessary, in order to observe as an experien~ed and qualified design professional the progress and quality of the Work. (3) Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. (4) Recommend Change Orders and Work Change Directives to County, as appropriate. (5) Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. (6) Based on our observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation make recommendations to County regarding the amounts that the Contractor should be paid on a monthly basis (up to 2 paymeflt requisitions). (7) Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that we may recommend, in writing, final payment to Contractor. (8) We shaH not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. We shal1 not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Schedule Task One wi11 be completed with in 60 days of notice to proceed to the Engineer. Task Two and Three wi11 be established to coincide with the County's schedule for bidding and construction. ~ ...., Exhibit B 'rofessional Engineering Services Fee Estimat, Security Gates at Sf. Lucie International Airpor. PROJECT: CLIENT: ESTIMATOR: Autom.tic G.tes & Fence Sl Lucie Intern.tion.1 Airpon TMS SHEET 1 OF I FILE NO, DATE' 0.1/0.8/04 DESCRIPTION: DIRECT LABOR ( MAN-HOURS) Project Sr. An.lyst/Sr. Administr.tive Toul KHA M.n.ger Profession.1 Profession.1 Techniti.n CADD Suppon Tot.1 Hours SnbConsultan Labor . . NO 200 00 160.00: 11500: 100.00 85 DO. 600.0. I Preo3Te ol.ns (90.%) 2 2 I Cover ] 4 5 2 Kev Sheel I 4 5 3 PI.n Sheels (7 sbeets) 12 4 40. 56 4 General Notes ] 2 6 9 5 Fence Detail Sheet I 2 6 9 6 G.te Deuil Sheet I 2 4 7 - 7 Gate Sin21e Line Di'l!T.m I I 4 6 8 Electric.1 Service PI.n I 1 S3,OOO 9 Electrical Del3ils . 2 Enlrineers Ret>On 3 6 6 ]5 3 ()Pinion of Probable cons!ruction cost I I 3 3 8 4 Soccs 4 3 8 4 19 5 Review w/ Client 5 5 6 Revisions 10 100% 3 8 12 2 25 7 Prebid Meelin2 5 5 S Resoonse 10 Questions! Addendum . I 4 2 7 9 Bid~nin2 5 5 10. Recommend.tion of AW3Td - 1 2 3 II Precons!ruction Meetin2 '. 5 5 12 Site Visits 40. 2 13 Shoo Drawinos!Misc snbmituls 2 4 2 14 P.v Anolicalion review 2 4 4 2 15 Fin.llnspeclion 8 8 16 SI,ooo TOTAL ( MAN-HOURS) 64 4 50. 52 80. 25 213 COST SJ2,SOO S64o. S5,75o. S5.200 S6.800 SI,5o.D S4,000 S32.69o. E>penses & Sub Consultanls Sub consrulunl- Hillers Electricol Engineering S4,000,OO Travel - AUI~ Mileage Printing - Plots(perp.ge) Printing- Photocopy (per p.ge) Other TOTAL NON-SALARY COSTS /" 90.0. 36 10.00 SD.37 SI.5o. SD.Io. S3285o. S54,OO SIOO.OO SI,6345o. 56,11 7.0.0. TOI.I COSI L.bor + Expense S38,8D7 Q:10443340001C on!r:lctslG3Iefencetaskorder2 ,xis 1/912()()'¡ +9:25 AM ~ '-" ..." AGENDA REQUEST ITEM NO.~ DATE: February 10.2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MClAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: PURCHASE OF COLOR PRINTER FOR CENTRAL SERVICES ADMINISTRATION EQUIPMENT REQUEST #EQ04-2351 BUDGET AMENDMENT #BA04-130 BACKGROUND: Central Services Administration currently has a small color printer that is being used by the Administrative Staff, as well as the Project Managers and Superintendents. Because this is a smaller printer it is unable to keep up with the demand of processing pictures of project progress, grant submittals and reports and is breaking down more than it is running. We need to replace this color printer with a more efficient one (HP Color laserJet 4600dn Printer). Equipment purchased through General Funds budgeted FY 03/04 (EQ 04-029 1 vehicle for Admin. Bldg. Maint.., EQ 04-040 1 portable cement mixer and EQ 04-041 1 amprobe volt reader for General Maint.) came in lower than anticipated and funds in the amount of $2,105.00 is available to use for the purchase of this color printer. Staff is requesting permission to reallocate these available funds and approve Equipment Request # EQ04-035 and Budget Amendment #BA04-130. FUNDS WILL BE MADE AVAIL: 001-19301-564000-100 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the HP Color LaserJet 4600dn Printer, Equipment Request #EQ04-235 and Budget Amendment #BA04-130 at a cost of $2,105.00. MISSION ACTION: DCI APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: Co""ty Attorn." .)t t: Originating D~U,A, L Finance: (Check for Copy only, if Applicable) Mgt. & Budget: D u Anderson County Administrator Purchasing Mgr.: d I - Other: Other: Eff. 1/97 H:\AGENDA\AGENDA-COLOR PRINTER.DOC I' I \...- ..., m D c: =ij 3: m z -4 ;:0 m ~ o --I 5' () :J::rOCD m CD CD E:J )00 0 ~"O ~q- em 0 c: ::!. 5' ~ 3:Z en .¡:. ~~(C en --4 "'""" I O~~CD ~~ '" w . C1I ~ ëiï CD S. -4. m r- CD:J"U0 ~~ D _o.,CD c: ~ ~.Q. 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CD I CD a. ->. ~o 0 0 5" (C j' , .\..; ..., ·~-':-/~~~::~~O~ ~;~~~z~.. _~....~ _. w-- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Phone: (772) 462-1681 Fax: (772) 462-1443 Date Quote # 1/14/2004 162 Name/Address CENTRAL SERVICES QUOTE VALID UNTIL W.O.# REQUESTOR 2/14/2004 34212 KIMBERLEE GAGNON Description Qty Rate Total HP Color LaserJet 4600dn Printer - Item 1 2,104.04 2,104.04 #C9661A#ABA (prices include shipping) VENDOR INFORMAtION: INSIGHT 105 West 5th Avenue Tallahassee, FL 32303 /" The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $2,104.04 stated. AUTHORIZED SIGNATURE í . "-' "ttJ. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 1/30/2004 AGENDA DATE: 2/10/2004 TO: 001-19301-564000-100 FROM: 001-1925-564000-100 001-1930-564000-100 REASON FOR BUDGET AMENDMENT: Purchase of the HP Color Laser Jet 4600dn Printer /" CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA04-130 $2,105 $2,053 $52 ~ '-' "wtI Agenda Request Item Number: MeetinQ Date: , ! óZL, Feb,$,2004 ID Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider final plat approvals for Portofino Shores UD, Phase II BACKGROUND: On October 1, 2002, the Board of County Commissioners approved Resolution 03- 154 granting Final Planned Unit Development for the residential project to be known as Portofino Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached are copies of the final plats for Portofino Shores, Phase II. The area encompassing Phase II of Portofino Shores, includes 221 lots. County staff has reviewed these plats for consistency with applicable County Codes and Standards and determined it to be compliant with them. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the final plats for Portofino Shores, Phase II, subject to execution of all final subdivision agreements and posting of any required securities. COMMISSION ACTION: [1t] APPROVED D DENIED c=J OTHER Approved 5-0 ---- ;pduglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: /J . :1 ~,;/£..l Coordination/ Signatures Mgt. & Budget: Other: 'v'll \d ."') Purchasing: Other: (agend767) '-' ....." Commission Review: February 3. 2004 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 23, 2004 SUBJECT: Portofino Shores PUD, Phase 11- Final Plats On October 1, 2002, the Board of County Commissioners approved Resolution 03-154 granting Final Planned Unit Development for the residential project to be known as Portofino Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached are copies of the final plats for Portofino Shores, Phase II. The area encompassing Phase II of Portofino Shores, includes 221 lots. County staff has reviewed these plats for consistency with applicable County Codes and Standards and determined it to be compliant with them. Staff recommends approval of the final plats for Portofino Shores, Phase II, subject to execution of all final subdivision agreements and posting of any required securities. SUBMITTED: DJM PORTOFINOSHORESPUD·PLA TS_PHASE2(H) cc: County Administrator County Attorney Public Works Director Utilities Director I ~ -..1(1) . @ I!I ~I ~ ~~î~ :r :11 ~ ~ãm t I i ii I ~~~i~~ ã~i!~ Ii ~~ ~~, I!L I o~'! :rh ell : ~~ ~, U f I~b' R~i!~i , I , ;¡¡¡~ § ¡ .i~ ¡ii ~Ð ~L¡: Ijl I ~I;;¡ ]~ I ~ '1'] ~I~~ I I ¡ I ! !8:~i ~ II ~i! II ¡ . ~~~~~ . .. I iiI~ æw i I. i ~ I II i~~ ~il ~ .¡ ~5~ if ~IS; ~ II ¡II! I Iii I~ i~:ø ~ ill lid ;II! I~ i I~I! U i . i~ ¡~~I ~ â~ I Iq ~ IIi ~ II:' 1~~li ¡~â c; J~¡: ~ ; i ; h~1 1 ; II ~ oI'~ ~ I~~! ~ ~~ ~i 10 I ~R ~~ I~ I ~~ I ~~ II z ø " ~~ ~ I -â ' I!II!I " I .,~ ãâ J Ri:di II~ ãâlh ilL ~â ·;d~ ~i I u II ~o; ãâ ~bø I ~ u~ Ñ -en z< o . ....E-< . 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".il II ~I~ I!¡ : d,'i,hl .. Immâlll:lii:~lmnl I:ilhlnll. I mmllllllllllllllnlllnlnlllnl!1I III ~ ...g¡.&ft.~~!~Ms~:I"..~.~.,5s=M~I~ ¡) -.i ,. ~ ;¡:; .. I~¡ II~ 1" I- 21 I I I I I I I I Iu I .~ I i£1!~ I ð I_ I ~II I I I I I I I I I I I I I I I I I.. :~ I I I I I I I I I I I I I I I I 1 I I I I I 1 -I I I I ~ !I i ~ ... I I I I I I I I I I I I I W\! LO:(þ:g ¡()(JZ/9Z/t '6Mp'gd-z¡eld-S900U\fld-Z3S\1Hd\s6Mp Jns\saJJ\! 98t uewssel~ S9-00\OQOZ-[OJd\:d .... ." " Agenda Request Item Number: MeetinQ Date: /r Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ SUBJECT: Consider final plat approvals for Portofino Shores'PÚD, Phase III nt Director To: Submitted By: Board of County Commissioners Community Development BACKGROUND: On October 1, 2002, the Board of County Commissioners approved Resolution 03- 154 granting Final Planned Unit Development for the residential project to be known as Portofino Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached are copies of the final plats for Portofino Shores, Phase II. The area encompassing Phase III of Portofino Shores, includes 167 lots. County staff has reviewed these plats for consistently with all applicable County Codes and Standards and determined it to be compliant with them. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the final plats for Portofino Shores, Phase III, subject to execution of all final subdivision agreements and posting of any required securities. RENCE: COMMISSION ACTION: [][] APPROVED c=J OTHER D DENIED Approved 5-0 uglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: '), I·" " ~¡../ <l. Coordination/ Signatures Mgt. & Budget: Other: . \''f'\ \'1--) \. ' Purchasing: Other: (agend768a) ~ ..."" -; Commission Review: February 3, 2004 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 23,2004 SUBJECT: Portofino Shores PUD, Phase III - Final Plats On October 1, 2002, the Board of County Commissioners approved Resolution 03-154 granting Final Planned Unit Development for the residential project to be known as Portofino Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached are copies of the final plats for Portofino Shores, Phase III. The area encompassing Phase III of Portofino Shores, includes 167 lots. County staff has reviewed these plats for consistency with applicable County Codes and Standards and determined it to be compliant with them. Staff recommends approval of the final plats for Portofino Shores, Phase III, subject to execution of all final subdivision agreements and posting of any required securities. SUBMITTED: Director DJM PORTOFINOSHORESPUD-PLATS_PHASE3(H) cc: County Administrator County Attorney Public Works Director Utilities Director -:. , s ~~ ~ ·U ~ ~æ ,....., Z::> þoIooo4 Oø., II:: ¡::- UCCI ro:I r:..... "'~ I:""'"' Z< -ø., '-' . r_' z" þoIoo4 >= .... 71"\ ..:I:'; VJ. ",0 .-of'4 ro:I 0 . ~ ¡:,:IZ < I-r--4 0 E-t e ~ fj¡jg; ~ Oø.,~ ~~ - I [:;Q~ f-oro:lZ r.n g;~5 r_' ø.,Ou þoIoo4 r.. ¡z ro:I ~ O¡:,:t) f-oQ::> o j~~ II:: ø., f-o .", ro:If-o r.n ï=~[:; r..",'" O.,~ o Uro:I8 Z t;'-'ro:I ~~¡:,: Þ-4 f-o ~ r..= 05 o f-oO r:..... j'" I:""'"' ø., .... ~ ~: O <53 ,-,'" 1"\ ~~ þooIoo ro:IO ¡:Qf-o ~ r:ì\ ~.~~ ~ ii;i~~¡ I~: .i~~1 I II !~9!~~!i I~I i I ~sl~t III ~ ~~~ I ~:§I 2 I ,~ !8:~i ~ R§ Ib II I u! ~ir·~ . iI! I ~ !: 1~li~d; i!i I! ¡I:~ ; i! 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I ii!~ I )<-- 1I11 ii! ~ \ 0> I "- 0> I -.- '" \ '" I \ Ii ~~f~ 1 r -' ~I.~¡ ~ ~ ~ ~ E-4 ~ rn < ~ P-4 I rn ~ ~ o ~ rn o Z Þ-4 ~ o E-4 ~ o P-4 .r.¡ m- r.¡U \38 =. mE-< m 0"" ~o "" om E-<¡: ø;ø; 00 ø,~.,¡ ""ø;S o ø; uo üä~ E-<;J - uø,~ ~ ·Z E-<CO;J ""r.¡0 o~U < E-<ø, :s - ø,M r.¡.... ø;:.: <0 o ~¡Q ZE-< f3:s ¡Qø, a.. <{ ~ >- W ~ I' I I ... I N I I r--- I ~ ~ L ~ Ii! II [ I - - ~ i I II II II11 n I ~ ~ t h II !Ii~ 1 I dt 1111 ~ - - - ~ Imi¡¡:IIILii:~b 1M I:~' Inlu. ~ -~ - -I ~~!!!!I!!!!!!!!!~~~~~~!~!!I~!~!! !!! .I I Wit ¡,s:LE:S VOOZ/9Z/T '6Mp'¡.d-[1e dS900U'óld-E3S\1Hd\s6Mp Jns\sòJJIt 9ST uewssel:J S9-00\OOOZ-!OJd\:d '" ...., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA February 10, 2004 1. MINUTES Approve the minutes of the meeting held January 27, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1 . WARRANTS LISTS Approve Warrants List No. 20. /" NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any acdon taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, Individuals tesdfying 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) 462-1777 or TDD (772) 462·1428 at least forty-eight (48) hours prior to the meeting. W' ..."" I MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 27,2004 Tape: 1 Convened: 11 :30 a.m. Adjourned: 11 :31 a.m. Commissioners Present: Chainnan, Doug Coward, John D. Bruhn, Paula A. Lewis, Frannie Hutchinson, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dun McIntyre, County Attorney, Dennis Murphy, Community Development Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Bruhn, seconded by Com. fIutchinson, to approve the minutes of the meeting held January 14,2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. W ARRANT LIST The Board approved Warrant List No. 17,18 and 19. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 01/30/04 F7.ABWARR FUND TITLE 145 '-' ST. LUCIE COUNTY - BOARD ..." WARRANT LIST #20- 24-JAN-2004 TO 30-JAN-2004 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 24,079.02 24,079_02 PAGE 1 PAYROLL 35,773.64 35,773.64 "-" ...,., ST. LUCIE COUNTY EROSION DISTRICT John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA February 10, 2004 1. MINUTES Approve the minutes of the meeting held January 27, 2004 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 20. /" NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462·1428 at least forty-eight (48) hours prior to the meeting. '-' ." EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 27,2004 Tape: 1 Convened: 11 :31 a.m. Adjourned: 11 :32 a.m. Commissioners Present: Chairman, Frannie Hutchinson, P:;¡ula A. Lewis, Doug Coward, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the minutes of the meeting held January 13, 2004; and, upon roll call. motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LISTS The Board approved Warrant List No. 17,18 and 19. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 01/30/04 P7,ABWARR FUND 184 TITLE '- ST. LUCIE COUNTY - BOARD ...." WARRANT LIST #20- 24-JAN-2004 TO 30-JAN-2004 FUND SUMMARY- EROSION Erosion Control Operating Fund GRAND TOTAL: EXPENSES 10,219.37 10,219.37 PAGE 1 PAYROLL 2,879.45 2,879.45